CTNF 18/432,264 CTNF 85146 DETAILED ACTION Notice of Pre-AIA or AIA Status This Office action is based on the 18/432,264 application filed 5 February 2024, which is being examined under the first inventor to file provisions of the AIA. Claims 1-23 are pending and have been fully considered. Claim Rejections - 35 USC § 112 07-34-01 Claims 5-8, 19, and 23 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. With respect to claim 5, said claim recites “wherein the zeolite is dried after removal of the solvent.” It is not clear if the zeolite refers to “the Meso-Y zeolite” or “the Meso-Y-as zeolite.” See also claim 7. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garcia-Martinez (US 2007/0227351), hereafter referred to only as Garcia . With respect to claims 1-2, 10-11, and 21, Garcia discloses a “family of fully crystalline mesostructured zeolites disclosed herein is a one-phase hybrid material consisting of a zeolitic structure with controlled mesoporosity , which bridges the gap between crystalline microporous and amorphous mesoporous materials. In accordance with the instant invention, a surfactant is employed to penetrate a fully crystalline zeolite structure forming pores, more specifically, forming a plurality of mesopores throughout at least a portion of the volume of the fully crystalline zeolite structure …[and] a method of making an inorganic material that includes exposing a solution of one or more inorganic compounds to a basic medium under a first set of time and temperature conditions to form a fully crystalline inorganic material . The fully crystalline inorganic material is exposed to a pH controlled medium under a second set of time and temperature conditions, and then to a surfactant under a third set of time and temperature conditions. The second and third set of time and temperature conditions are controlled to treat the inorganic material such that a plurality of mesopores are formed that have a controlled cross sectional area within the fully crystalline inorganic material …The third set of time and temperature conditions can be adjusted such that the plurality of mesopores that is formed is arranged in at least one of a hexagonal [MCM-41] pore arrangement, a cubic [MCM-48] pore arrangement, a lamellar [MCM-50] pore arrangement, a hexagonal [SBA-15] pore arrangement, a foam-like pore arrangement, a random pore arrangement, an organized pore arrangement, or some other controlled pore arrangement within the fully crystalline material…The fully crystalline inorganic material produced by the method can be washed and dried , and surfactant can be removed (e.g., extracted) from the fully crystalline inorganic material. The surfactant can also be calcined after the fully crystalline inorganic material has been made, e.g., after the mesopores have been formed… inorganic material can include at least one of a metal oxide, a zeolite, a zeotype, aluminophosphate, gallophosphate, zincophosphate, titanophosphate, faujasite (FAU), mordenite (MOR), ZSM-5 (MFI), or CHA, or any combination of these materials…Different surfactants can be used with this aspect of the invention, including cationic, ionic, or neutral surfactants, or various combination thereof. One useful surfactant includes cetyltrimethylammonium bromide (CTAB) …The nanostructured inorganic material that is produced can be washed and dried . The surfactant can be removed, e.g, by extraction. The surfactant about the formed material can also be calcined at high temperature, e.g., to remove surfactant …” [paragraphs 0178, 0064, 0066-0067, 0071, & 0076-0077]. More specifically, Garcia discloses “0.36 g of NaOH [is] dissolved in 30 ml of water to produce a basic solution with a pH measuring 13.5. Thereafter 1 g of H-Y (Zeolyst CBV 720) with an original Si/Al ratio of about15 is added to the basic solution. After a 12 hours of stirring at room temperature, the zeolite and base mixture had a pH measuring 11.5. Thereafter, 0.5 g of CTAB (cetyl-trimethyl ammonium bromide) was added to the zeolite and base mixture to produce a cloudy suspension. The cloudy suspension was transferred into teflon-lined stainless steel autoclaves and treated hydrothermally at 150 o C. under autogeneous pressure. The samples were collected at different times, washed, dried …” [paragraph 0344]. Either (1) the aforementioned dried and/or calcined nanostructured inorganic material (or fully crystalline inorganic material ) or (2) the dried sample(s) collected as different times correspond(s) to a product obtained from step (a) of instant claim 1 and renders the dehydrating step recited therein obvious . Note that Garcia teaches that calcining takes place at a temperature ranging from 500 to 600 o C, such as 550 o C, in a N 2 atmosphere followed by an air atmosphere [paragraph 0185]. Such temperatures obviously lead to dehydration. Such temperatures also lead to decomposition of CTAB, which decomposes around 237 to 243 o C. The instant specification teaches “[t]he dehydration in one embodiment comprises heating the Meso-Y-as zeolite material under vacuum. In one embodiment, the heating under vacuum can comprise heating at a temperature in the range of 200- 300° C ., such as 250° C ., under vacuum for 7-12 hours…” [paragraph 0033 of the published application]. Consequently, it is expected that CTAB may also be decomposed in the dehydrated Meso-Y zeolite of the instant application. Garcia further discloses “[g]enerally, the fully crystalline mesostructured zeolite , preferentially in its acidic form, is degasified under vacuum at a temperature from about 150 to about 550 o C. for a time from about 2 to about 24 hours. Alternatively, the sample can be degasified in an inert atmosphere or it can be air dried at temperatures from about 150 to about 550 o C. for a time from about 2 to about 24 hours…Another aspect of the invention features an inorganic material including a fully crystalline mesostructure … and a binder formed into a shape. The shape can include a monolith, a pellet, a bead, a powder, and/or a spray. The binder can include aluminum oxide, silicon oxide, amorphous aluminosilicate …” [paragraph 0102]. Additionally, Garcia discloses “[t]he degasified fully crystalline mesostructured zeolite is suspended in an appropriate dispersing medium such as, for example, organic solvents including hexane, toluene, xylene, or benzene, or any combination of these solvents . A metal alkoxide, for example, silicon, aluminum , tin and titanium alkoxides, is dissolved in the dispersing medium prior to … the suspension of the degasified fully crystalline mesostructured zeolite . The mixture is stirred for times ranging from about 1 hour to about 1 week and the mixture is held at temperatures from room temperature to about 200 o C. Refluxing conditions can be employed . The sample is then filtered, washed with, for example, the chemical used as a dispersing medium, and dried . The drying temperatures can range from about 20 to about 120 o C. at, for example, atmospheric pressure, under inert gas, or under vacuum ” [paragraphs 0243 & 0257]. The teaching of “[t]he degasified fully crystalline mesostructured zeolite is suspended in an appropriate dispersing medium such as, for example, organic solvents including hexane, toluene, xylene, or benzene, or any combination of these solvents. A metal alkoxide, for example, silicon, aluminum, tin and titanium alkoxides, is dissolved in the dispersing medium prior to…the suspension of the degasified fully crystalline mesostructured zeolite” corresponds to step (d) of instant claim 1, wherein the organic solvents described therein correspond to the recited dry solvent; and the filtering, washing, and drying correspond to step (e) of the same. Additionally, the silicon or aluminum alkoxides correspond to the alumina and silica precursors of step (b) and such would have been obvious to one of ordinary skill in the art. For example, it is well known that aluminum tri-isopropoxide converts to a phase of alumina at temperatures as low as 300-350 o C. Additionally, Garcia teaches “the surface of a fully crystalline mesostructured zeolite is coated with various chemical compounds. For example, metal alkoxides ( M(OR') 4 ) can be reacted to the surface of the fully crystalline mesostructured zeolites allowing the hydrolysis and the formation of a metal oxide coating on the surface of the fully crystalline mesostructured zeolite ” [paragraph 0255]. With respect to claim 3, drying under vacuum renders obvious the recited evacuation. With respect to claims 4 and 7, the recited calcination would have been obvious to convert the alkoxides (aluminum or silicon) to alumina or silica. With respect to claims 5 and 6, (1) since solvents like hexane have vapor pressures in excess of vacuum pressure at drying temperatures of 20 to 120 o C and higher than the vapor pressure of water or (2) since the boiling point of solvents like hexane (68.7 o C) is lower than that of water at atmospheric pressure, it is obvious that drying (removal of water) takes place after removal of solvent. With respect to claim 8, see discussion of calcining in air above. With respect to claim 9, since boiling is a part of reflux conditions and boiling induces momentum transfer, stirring would have been obvious to one of ordinary skill in the art. See, also, the teaching that the mixture is stirred above. With respect to claim 12, since the silicon or aluminum alkoxides of Garcia may be the same as or are similar to the precursors of the instant application [see, e.g., paragraph 0043 of the publication thereof], it is expected that said alkoxides effect an aluminosilicate layer. With respect to claim 13, THF is well known as an art-recognized equivalent solvent to hexane for silica precursors such as tetraethoxysilane (TEOS). With respect to claims 14-15, it appears that the mixing takes place under atmospheric conditions, which includes air and air comprises nitrogen, an inert gas. With respect to claims 16 and 17, note that the degasifying takes place under vacuum. Recall, “the fully crystalline mesostructured zeolite …is degasified under vacuum at a temperature from about 150 to about 550 o C. for a time from about 2 to about 24 hours. Alternatively, the sample can be degasified in an inert atmosphere or it can be air dried at temperatures from about 150 to about 550 o C. for a time from about 2 to about 24 hours.” With respect to claim 19, recall that Garcia teaches “drying temperatures can range from about 20 to about 120 o C . at, for example, atmospheric pressure, under inert gas, or under vacuum .” It would have been obvious to use any amount of drying time that provides the desired degree of dryness. With respect to claim 22, see paragraph 0258: “1 gram of a degasified fully crystalline mesostructured zeolite H-Y[MCM-41] was suspended in 20 ml of hexane containing 0.4 ml of tetraethoxysilane and was stirred for 12 hours in argon atmosphere.” Note the argon atmosphere. It is well known in the art that N 2 is an equivalent inert gas. Thus, the N 2 atmosphere of instant claim 18 would have been obvious. Garcia further teaches “[t]he final material was then filtered , washed with hexane, and dried at room temperature for about 12 hours” [see, again, paragraph 0258]. The filtering and argon atmosphere renders the limitation of instant claim 20 obvious. With respect to claim 23, Garcia et al discloses “[t]he metal alkoxides can include functional groups (R-M(OR') 3 ” and specifically mentions when M is aluminum [paragraph 0244]. Thus Al(O-i-Pr) 3 would have been obvious. Note that the oxidation states of aluminum are -2, -1, 0 1, 2, and 3, of which 3 is the most common. Thus, it is obvious the if M is aluminum then R is nothing or, alternatively, R should be R n and n= 0 . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sovar et al in Surface & Coatings Technology (2007, vol 201, pp 9159-9162), which discloses “[a]luminium tri-iso-propoxide (ATI) is a common precursor for the MOCVD of alumina coatings…the thermal decomposition of ATI in the presence of water vapour yields pure alumina films at temperatures as low as 300–350 °C.” [see, abstract]; Sato et al in Macromolecules (2025, vol 58, pp 5757-5764), which discloses “There are many studies on the synthesis of silica materials using the sol–gel process with TEOS …Notably, it is well known that the sol–gel reaction of trifunctional silanes (RSi(OR’) 3 ) produces linear, cyclic, or ladder-structured polysiloxanes, suggesting that the method is useful for synthesizing potential organopolysiloxane materials. Furthermore, the application of this method to metal alkoxides M(OR) n leads to the formation of polymetalloxane compounds of inorganic polymers that serve as potential precursors for variously shaped or multiple composed ceramic materials, such as films, fibers, and bulk bodies…” [see 1 st paragraph on right hand side of page 5757; see also Table 2 for equivalency of THF, hexane, and benzene] . Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN A MCCAIG whose telephone number is (571)270-5548. The examiner can normally be reached Monday to Friday 8 to 4:30 Mountain Time. 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, In Suk Bullock can be reached at 571-272-5954. 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. /BRIAN A MCCAIG/Primary Examiner, Art Unit 1772 12 June 2026 Application/Control Number: 18/432,264 Page 2 Art Unit: 1772 Application/Control Number: 18/432,264 Page 3 Art Unit: 1772 Application/Control Number: 18/432,264 Page 4 Art Unit: 1772 Application/Control Number: 18/432,264 Page 5 Art Unit: 1772 Application/Control Number: 18/432,264 Page 6 Art Unit: 1772 Application/Control Number: 18/432,264 Page 7 Art Unit: 1772 Application/Control Number: 18/432,264 Page 8 Art Unit: 1772
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