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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-8 and 11, in the reply filed on 7/31/2026 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites two alternative steps. Claims 3-7 which depend from claim 1 recite additional limitations to the alternative step but never specifically require either the pretreatment or the partial dezincification steps. For clarity, it is suggested that applicant positively recite the step is required. For search and examination, claims 3-7 have been examined with each of the recitations being required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 8, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 102962072 (references are made to the provided machine translation).
Regarding claims 1 and 8, CN 102962072 discloses flaky copper zinc alloy promoter catalyst (Abstract, Description page 1). The CN reference further teaches a surface pretreatment step (page 2 and page 3, step (4)).
Regarding claim 11, the final product is a copper zinc alloy catalyst particle. It is the position of the examiner that the starting material would not impact the final product as claimed. It is noted that the particles are not limited by size or composition.
Claims 1, 2, 8, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 102728368 (references are made to the provided machine translation).
Regarding claims 1 and 8, CN 102962072 discloses a brass composite powder co-catalyst (Abstract). The CN reference further teaches a method of preparing a brass copper zinc alloy (Claim 1, steps 1 and 2) followed by a aging (heat treatment), grinding and sieving to form a copper zinc alloy co-catalyst (Claim 1, steps 3 and 4).
Regarding claims 2 and 11, after step 2 of the method disclosed by the CN reference, the copper zinc alloy particles are prepared from brass (claim 1 and Abstract). It is noted that the particles are not limited by size or composition.
Allowable Subject Matter
Claims 3-7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not teach the specific ultrasonic cleaning step required by claims 3-5 or the partial dezincification step required by claims 6-7.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA ANN JOHNSON whose telephone number is (571)272-1176. The examiner can normally be reached Monday - Friday, 6am - 2pm.
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/CHRISTINA A JOHNSON/Primary Examiner, Art Unit 1742
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