DETAILED ACTION
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 .
This application is in response an application filed on 10/18/2023.
Claims 1-23 are pending.
Priority
The term “titanium-chromium-containing solution” is not disclosed in the prior application#16/439,078. However, this term would have priority date of 06/06/2022 (app#17/832,932) where this term is disclosed.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The specification does not disclose the term “titanium-chromium-containing solution” as recited in claim 1.
Claim Objections
Claims 1 and 7 are objected to because of the following informalities:
It is suggested to amend “titanium compound” to “titanium-containing compound” to ensure proper antecedent basis and to ensure consistency in the claim 1 line 3.
It is suggested to amend “the silica” to “a silica” to ensure proper antecedent basis in the claim 7 line 1.
Appropriate corrections are required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-2, 7-12, 18, 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5,7, 9-12, 15 and 18 of McDaniel et al (US Patent No.: 10,889,664 B2, IDS cited reference by applicant). Although the claims at issue are not identical, they are not patentably distinct from each other because McDaniel et al (‘664) teaches method substantially similar to applicant’s claimed invention which includes a method comprising contacting a silica support with a titanium-containing solution to form a titanated silica support, wherein the titanium-containing solution consists of a titanium compound, a solvent, a carboxylate (meets claim 9) and a surfactant, wherein the titanium-containing solution has a pH of less than about 5.5 (meets claims 1-2- see claim 1), wherein the surfactant comprises a water-insoluble component and a water-soluble component (meets claim 18-see claim 1), and wherein the aqueous titanium solution comprises an equivalent molar ratio of the carboxylate to the titanium compound in a range from about 1 to 4 (meets claim 11-see claim 1) and wherein silica support is contacted with the titanium containing solution and a chromium-containing compound (meets claim 1, see claims 1, 3-4).
McDaniel does not explicitly disclose or suggest titanium-chromium-containing solution comprising of chromium-containing compound.
However since McDaniel discloses silica support is contacted with the titanium-containing solution and a chromium-containing compound (see claim 5) therefore change in sequence of adding chromium-containing compound in the titanium-containing solution forming titanium-chromium-containing solution would have been obvious to one of the ordinary skill in the art absent evidence to the contrary, See MPEP 2144.04. “In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946) (selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results); In re Gibson, 39 F.2d 975, 5 USPQ 230 (CCPA 1930).
McDaniel discloses silica support is selected from group consisting of a silica hydrogel or silica xerogel (see claim 9, meets claim 7).
McDaniel discloses wherein the titanium-containing compound has a formula Ti(OR)4, TiO(OR)2, Ti(OR)2(acac)2, or Ti(OR)2(oxal) where “acac” is acetylacetonate, “oxal” is oxalate and each R is independently is ethyl, isopropyl, n-propyl, isobutyl, or n-butyl, “acac” is acetylacetonate and “oxal” is oxalate (see claim 12, meets claim 8).
McDaniel discloses at least one carboxylate ligand is provided by oxalic acid, citric acid, lactic acid, tartaric acid, gluconic acid, glycolic acid, malonic acid or combinations thereof (see claim 15-meet claim 10).
McDaniel discloses wherein the titanium compound comprises titanium (IV) compound comprising an alkoxide group (see claims 10-11, meets claim 12),
Claims 1-2, 4-5, 7-8, 12-16, 18-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-12, 14-16 and 18 of McDaniel et al (US Patent No.: 11384171 B2 –IDS cited reference by applicant). Although the claims at issue are not identical, they are not patentably distinct from each other because McDaniel et al (‘171) teaches a method substantially similar to applicant’s claimed invention which includes a method comprising contacting a silica support with a titanium-containing solution to form a titanated silica support, wherein the titanium-containing solution comprises a titanium compound, a solvent, and a surfactant, wherein the titanium-containing solution has a pH of less than about 5.5 (meets claims 1-2- see claim 1), wherein the surfactant comprises a water-insoluble component and a water-soluble component (meets claims 1 and 18-see claim 1).
McDaniel does not explicitly disclose or suggest titanium-chromium-containing solution comprising of chromium-containing compound.
However since McDaniel discloses further contacting chromium-containing compound with the titanated silica support (see claim 16) therefore change in sequence of adding chromium-containing compound in the titanium-containing solution forming titanium-chromium-containing solution would have been obvious to one of the ordinary skill in the art absent evidence to the contrary, See MPEP 2144.04. “In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946) (selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results); In re Gibson, 39 F.2d 975, 5 USPQ 230 (CCPA 1930).
McDaniel discloses silica support is selected from group consisting of a silica hydrogel or silica xerogel, solid silica, solid silica-alumina, and a combination thereof (see claim 2, meets claim 7).
McDaniel teaches wherein the silica support has a surface area in a range of from about 100-1000 m2/gram (see claim 3, meets claim 4).
McDaniel teaches silica support has pore volume in a range of from about 1.0 cm3/gram to about 2.5 cm3/gram (see claim 4, meets claim 5).
McDaniel discloses wherein the titanium-containing compound has a formula Ti(OR)4, TiO(OR)2, Ti(OR)2(acac)2, or Ti(OR)2(oxal) where “acac” is acetylacetonate, “oxal” is oxalate and each R is independently is ethyl, isopropyl, n-propyl, isobutyl, or n-butyl, “acac” is acetylacetonate and “oxal” is oxalate (see claim 7, meets claim 8).
McDaniel discloses wherein the titanium compound comprises titanium (IV) compound comprising an alkoxide group (see claim 8, meets claim 12),
McDaniel discloses wherein the titanium (IV) alkoxide comprises titanium (IV) ethoxide, titanium (IV) isopropoxide, titanium (IV) n-propoxide, titanium (IV) n-butoxide, titanium (IV) 2-ethylhexoxide, or a combination thereof (see claim 9, meets claim 13).
McDaniel discloses wherein the titanium compound comprises hydrous titania, titanium hydroxide, titanium dioxide, titanic acid, titanyl sulfate, titanium acetylacetonate, titanium oxyacetylacetonate, or a combination thereof (see claim 10, meets claim 14).
McDaniel discloses wherein the titanium compound comprises titanium tetrachloride, titanium tetrabromide, titanium (IV) oxychloride, titanium (IV) oxybromide or a combination thereof (see claim 11, meets claim 15).
McDaniel teaches titanium alkoxyhalide having the general formula Ti(OR)nQ4-n; wherein R may be ethyl, isopropyl, n-propyl, isobutyl, n-butyl, or a combination thereof; wherein Q may be a fluoride, a chloride, a bromide, an iodide, or a combination thereof; and wherein n may be an integer from 1 to 4 (see claim 12, meets claim 16).
McDaniel discloses wherein the surfactant comprises polyalkoxylates, polyethoxylates, glucosides, a polyethoxylated alcohol, a polyethoxylated mercaptan, or a combination thereof (see claim 14, meets claim 19).
McDaniel discloses wherein the surfactant comprises alkyl sulfates, aryl sulfates, alkylaryl sulfates, alkyl sulfonates, aryl sulfonates, alkylaryl sulfonates, phosphates of alkali metals, ammonium salts of phosphates, alkylsulfonic acids, sulfosuccinate salts, fatty acid salts, ethoxylated alcohols, amphiphilic copolymers or a combination thereof (see claim 15 ,meets claim 20).
McDaniel discloses a solvent comprising of water or alcohol a combination thereof (see claim 18, meets claim 21).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claims 1-19 and 21-23 are rejected 35 U.S.C. 103 as being unpatentable over McDaniel et al (US PGPUB NO.: 2019/0314797 A1, IDS cited reference by applicant and referred to as “McDaniel (‘797)”) in view of McDaniel (US Patent No.: 4,368,303, IDS Cited reference by applicant, referred to as “McDaniel (‘303)”).
As per Claims 1-2, 18-19, 21 McDaniel (‘797) discloses a method comprising: contacting a chrominated-silica support with solubilized titanium mixture (STM) to produce titanated-chrominated silica support (paragraphs 0007-step d, 0014,0020), wherein the solubilized titanium mixture (titanium-containing solution) comprises a solvent, (i.e., water, alcohol, paragraphs 0051-0052, reads on claimed limitation of solvent of claims 1 and claim 21 limitation of solvent comprising of water, alcohol) a carboxylic acid, a titanium-containing compound and a nitrogen-containing compound (see paragraphs 0007, 0051) and pH of solubilized titanium mixture is range of 3.5 to 4.5 (reads on claim 1 and claim 2 for pH ranges, paragraph 0056). McDaniel (‘797) further discloses contacting silica support with the STM and chromium under suitable conditions (see paragraph 0014). As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
McDaniel (‘797) does not explicitly disclose or suggest titanium-chromium-containing solution comprising of chromium-containing compound and a surfactant.
However since ‘797 discloses contacting chromium-silica support with solubilized titanium mixture (i.e., titanium-containing solution) and also discloses contacting silica support with the STM and chromium under suitable conditions to form a titanated-chromium silica support (see paragraph 0007, 0014) therefore change in sequence of adding chromium-containing compound along with titanium-containing solution forming titanium-chromium-containing solution would have been obvious to one of the ordinary skill in the art absent evidence to the contrary, See MPEP 2144.04. “In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946) (selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results); In re Gibson, 39 F.2d 975, 5 USPQ 230 (CCPA 1930)
McDaniel (‘797) does not explicitly disclose or suggest titanium-chromium-containing solution comprising a surfactant.
However, McDaniel (‘303) teaches catalyst suitable for use in slurry polymerization system (Col.1 lines 65-67) and providing improved olefin polymerization process (Col.2 lines 1-2) wherein the method comprising silica-chromium oxide (Col.8 lines 64-68), impregnated with an aqueous titanium-containing composition wherein the aqueous titanium-containing compound comprising of a titanium-containing compound (Col.9 lines 6-8, Col.4 lines 30-55, col.3 lines 45-48) diluting with water (see Col. 5 lines 26-35), addition of organic acid (i.e., carboxylate, Col. 3 lines 9-15), addition of pore preserving agent comprising of surfactant where surfactant can be cationic, anionic, and non-ionic surfactants (i.e., reads on claimed limitation of surfactant of Claim 1 and surfactant comprise of a water-insoluble component and a water insoluble component of claim 18, see Col.2 lines 28-45, Col.3 lines 64-67, lines 27-30, see claims 1, 14, 16 of “303) and further mention polyethoxylated sorbitol monolaurate, polyethoxylated t-octyl-phenol (considered as polyethoxylates, see col.3 lines 27-30, reads on claim 19).
Given, McDaniel(‘797) and McDaniel (‘303) are both directed for catalyst suitable for polymerization catalyst and McDaniel (‘303) teaching adding surfactant as pore preserving agent (i.e., surfactant) to titanium-containing solution, therefore, It would have been obvious to one of the ordinary skill in the art at before the effective filing date of applicant invention to add the surfactant in titanium-containing solution of McDaniel (‘303) with titanium-chromium-containing solution of McDaniel (‘797) which enhance the beneficial qualities of the catalyst and to provide improved olefin polymerization process as taught by McDaniel (‘303, Col.2 lines 1-2, Col.4 lines).
As per claims 3-6, McDaniel (‘797) teaches wherein the silica support has silica in range from about 70 wt.% to about 95 wt.% based upon a total weight of the silica support and further possesses a surface area in a range of from about 100-1000 m2/gram, has pore volume in a range of from about 1.0 cm3/gram to about 2.5 cm3/gram, have an average pore size in range from about 10 Angstroms to about 1000 Angstroms and have average particle size in a range of from about 10-500 microns (paragraphs 0018-0020). As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As per claim 7, McDaniel (‘797) teaches silica support can be hydrogel (paragraphs 0019-0020).
McDaniel (‘303) teaches silica support can be hydrogel or xerogel (see abstract, Col.2 lines 8-11, see claim 18 of ‘30).
As per Claim 8, McDaniel (‘797) teaches wherein titanium-containing has formula Ti(OR)4, TiO(OR)2, Ti(OR)2(acac)2, or Ti(OR)2(oxal) where “acac” is acetylacetonate, “oxal” is oxalate and each R is independently is ethyl, isopropyl, n-propyl, isobutyl, or n-butyl, “acac” is acetylacetonate and “oxal” is oxalate (abstract, paragraphs 0024-0027).
McDaniel (‘303) teaches titanium-containing compound comprising of diisopropoxy titanium acetylacetonate (Col.9 lines 6-8, Col.4 lines 30-55).
As per Claims 9-10, McDaniel (‘797) teaches titanium-containing compound comprises a titanium (IV) compound (paragraphs 0024-0027) having at least one carboxylate and also carboxylate provided in form of carboxylic acid which comprises mono carboxylate, multi carboxylate and alpha hydroxyl carboxylate or combination thereof (paragraphs 0016, 0047-0049, 0029-0031,0051, 0054, 0129) wherein carboxylate is provided in form of carboxylic acid such as lactic acid, glycolic acid, malonic acid, gluconic acid, glyoxylic acid, oxalic acid, citric acid, malic acid, gluconic acid, tartaric acid, lactic acid and combination thereof (Paragraph 0030).
McDaniel (‘303) teaches addition of organic acid in titanium-containing solution comprising of organic acids such as tartaric acid, citric acid, gluconic acid, malonic acid (reads on claim 10 limitation of at least one carboxylate ligand), Col.3 lines 9-15).
As per Claim 11, McDaniel (‘797) teaches wherein equivalent molar ratio of titanium-containing compound to carboxylic acid is in a range from about 1:1 to 1:10 (paragraphs 0004-0005, 0016, 0050, 0054), the skill in the artisan would expect that, by inverting this ratio, an equivalent molar ratio of carboxylate to titanium would result in 1:1 and 10:1 (reads on claimed limitation of equivalent molar ratio of the carboxylate to titanium-containing compound is in range from about 1 to 4).
McDaniel (‘303) teaches ratio of organic acid (i.e., carboxylate) to titanium compound from 1:1 and 10:1 (claim 20 of ‘303).
As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As per Claims 12-13, McDaniel et al (‘797) teaches a titanium-containing compound comprising of a titanium (IV) alkoxide and titanium (IV) alkoxide may be titanium (IV) ethoxide, titanium (IV) isopropoxide, titanium (IV) n-propoxide, titanium (IV) n-butoxide, titanium (IV) 2-ethylhexoxide or combination thereof (paragraph 0025).
McDaniel (‘303) teaches titanium-containing compound comprising of titanium (IV) alkoxide (i.e., titanium tetraisopropoxide, see claim 12, Col.3 lines 45-48).
As per Claim 14, McDaniel et al (/797) teaches titanium-containing compound comprising of hydrous titania, titanium hydroxide, titanic acid, titanyl sulfate, titanium acetylacetonate, titanium oxyacetylacetonate, or a combination thereof (paragraph 0026).
As per Claims 15-16, McDaniel (‘797) teaches titanium-containing compound comprising of a titanium(IV) halide which include titanium tetrachloride, titanium tetrabromide, titanium (IV) oxychloride, and titanium(IV) oxybromide or a combination thereof. Further McDaniel (‘797) teaches titanium alkoxyhalide having the general formula Ti(OR)nQ4-n; wherein R may be ethyl, isopropyl, n-propyl, isobutyl, n-butyl, or a combination thereof; wherein Q may be a fluoride, a chloride, a bromide, an iodide, or a combination thereof; and wherein n may be an integer from 1 to 4 (paragraph 0027).
As per Claim 17, McDaniel (‘797) teaches a titanium-containing compound is present in an amount of from about 0.1 to 25 wt.% based upon a total weight of the titanium-containing solution (paragraph 0028). As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As per claim 22, McDaniel (‘797) teaches wherein the alcohol comprises methanol, ethanol, n- propanol, isopropanol, n-butanol, isobutanol, pentanol, hexanol, cyclohexanol, heptanol, octanol, benzyl alcohol, phenol, or a combination thereof (paragraph 0052).
As per claim 23, McDaniel (‘797) teaches heating the titanated-chrominated silica support in a reducing environment (i.e., air) to a temperature in a range of from about 400° C o about 1000° C to form a polymerization catalyst (paragraph 0064). As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Claim 20 is rejected 35 U.S.C. 103 as being unpatentable over McDaniel et al (US PGPUB NO.: 2019/0314797 A1, IDS cited reference by applicant and referred to as “McDaniel (‘797)”) in view of McDaniel (US Patent No.: 4,368,303, IDS Cited reference by applicant, referred to as “McDaniel (‘303)”) and in further view of McDaniel et al (US Patent No.: 4,169,926, referred as “McDaniel (‘926)”, IDS cited reference by applicant).
McDaniel et al (‘797) in view of McDaniel (‘303) teaches the method steps as set forth above and further McDaniel (‘303) suggest aqueous titanium composition can be combined with hydrogel along with pore preserving agent and whereas pore preserving agent comprising of surfactant where surfactant can be cationic, anionic, and non-ionic surfactants.
McDaniel (‘303 and ‘797) does not explicitly disclose or suggest surfactant comprises alkyl sulfates, aryl sulfates, alkylaryl sulfates, alkyl sulfonates, aryl sulfonates, alkylaryl sulfonates, phosphates of alkali metals, ammonium salts of phosphates, alkylsulfonic acids, sulfosuccinate salts, fatty acid salts, ethoxylated alcohols, amphiphilic copolymers or a combination thereof.
However, McDaniel (‘926) teaches silica hydrogel comprising contacting with pore preserving agent comprising of surfactant comprising of anionic, cationic, and nonionic which includes sulfonates, alkyl sulfates, sulfosuccinates salts, ethoxylated alcohols (Col.3 lines 48-67, Col.4 lines 1-43).
Given, McDaniel (“797), McDaniel (‘303) and McDaniel (‘926) are directed for catalyst suitable for polymerization catalyst and further McDaniel (‘303) and McDaniel (‘926) suggest hydrogel contacting with pore preserving agent comprising of surfactant, therefore, It would have been obvious to one of the ordinary skill in the art at before the effective filing date of applicant invention to use surfactants such as alkyl sulfates, sulfosuccinates salts, ethoxylated alcohol of McDaniel (‘926) as an alternative surfactant disclosed in McDaniel (‘303) and McDaniel (‘797) which would provide improved process of polymerization olefins as taught by McDaniel (‘926, Col.2 lines 45-46).
Conclusion
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/SMITA S PATEL/Primary Examiner, Art Unit 1732 04/15/2026
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