Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 12/21/2025 have been fully considered but they are not persuasive. The examiner respectfully responds below. The examiner notes that all 112 rejections and the specification objection are overcome due to amendments to claims, clarification of the record in the remarks, and submitted specification.
Applicant argues that the new claim limitations requires that the Cr or Mn metal must come from a metal precursor is not taught. Applicant claims that the Cr or Mn metal comes from the inorganic support itself. The examiner does not agree.
Kaphan P. 32 states, The catalyst metal is grafted to the support structure. The catalyst metal that is bound by grafting may be any transition metal. This includes both Cr and Mn. P 38 teaches a reducing agent for the metal.
The final material contains LiyMO2+b where M is the transition metal that is to be grafted. See p 28. Specifically listed in those metals is Mn.
As the claim limitations are taught the rejection stands as stated below.
Claim Rejections - 35 USC § 103
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, and 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaphan et al (US 2022/0126277 A1).
Kaphan teaches a method of making a catalyst (abstract)
The process uses interacting a metal precursor having Mn (p 7) on an inorganic support. The precursors include
The inorganic support is lithium titanate or lithium titan oxide alumina and silica. See p 32
The metal precursor is grafted onto the support and then reduced. The reducing agent is butyllithium, see p 36. This results in a reduced metal site.
Claim(s) 1-8 and 20-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US 4587227) and Kaphan et al (US 2022/0126277 A1).
To see what Kaphan teaches see above. Kaphan does not cite the use of Chromium compounds.
Smith teaches a catalyst for the polymerization of ethylene (abstract, column 1).
Cr(CH2TMS) is used (abstract, column 2 lines 30-60) and grafted on an inorganic support (column 5 lines 10-20). For supports see column 4 lines 25-35. For the grafting (referred to impregnation) see column 5 lines 20-35.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to graft the Cr(CH2TMS) to create a catalyst using the method, inorganic support and reducing agents of Kaphan. This is an effective method to produce a catalyst useful for ethylene reactions.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK C CAMPANELL whose telephone number is (571)270-3165. The examiner can normally be reached Monday-Friday 9:00-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem Singh can be reached at 571-272-6381. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FRANCIS C CAMPANELL/ Examiner, Art Unit 1771
/PREM C SINGH/Supervisory Patent Examiner, Art Unit 1771