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 .
Claim Rejections - 35 USC § 102
(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Feyen (WO 2016/128917 A1).
With respect to claim 1, the claim requires “A process for the dealumination of a zeolitic material.” Feyen teaches a process for the preparation of a dealuminated zeolitic material (Feyen, Title).
Claim 1 further “requires (1) providing a zeolitic material having a framework structure comprising Y, X, and O, wherein Y is a tetravalent element and X is a trivalent element;” Feyen teaches providing a zeolitic material having a BEA framework structure, wherein the BEA framework structure comprises YO2 and X2O3, wherein Y is a tetravalent element, and X is a trivalent element, (Feyen 21, 1.).
Claim 1 further requires “(2) providing an aqueous solution having a pH of less than 0.1;” Feyen teaches the pH of the aqueous solution employed in step (iii) is comprised in the range of from -2 to 4, preferably of from - 1 .8 to 3, more preferably of from - 1 .6 to 2 , more preferably of from -1 .4 to 1 , more preferably of from -1 .2 to 0.5, more preferably of from -1 to 0.2, and more preferably of from -0.8 to 0 (Feyen 22, 7.).
Claim 1 further requires “(3) treating the zeolitic material provided in (1) with the aqueous solution provided in (2);” Feyen teaches treating the zeolitic material obtained from step (ii) with an aqueous solution having a pH as discussed above. (Feyen 23, 12.).
It is noted that steps 3.i, 3.ii, and 3.iii are not required because they are optional.
Claim 1 further requires “(4) treating the zeolitic material obtained in (3), (3.i), (3.ii), or (3.iii) with an aqueous solution or with a solvent system,” Feyen teaches treating the calcined zeolitic material with an aqueous solution (Feyen 21, 1.).
Claim 1 further requires “wherein the aqueous solution or the solvent system have a pH comprised in the range of from 4 to 10, wherein the pH of the aqueous solution or of the solvent system refers to the pH prior to contacting with the zeolitic material for treatment thereof; “ Feyen teaches washing the calcined zeolite beta with deionized H2O which is a solvent with a pH of 7 (Feyen 34, Example 6).
Claim 1 further requires “ (4.i) optionally drying the zeolitic material obtained in (4); ” Feyen teaches optionally drying the zeolitic material having a BEA framework structure obtained in steps (iii) or (iv) (Feyen 23, 13).
Claim 1 further requires “(4.ii) optionally calcining the zeolitic material obtained in (4) or (4.i)” Feyen teaches calcining the zeolitic material (Feyen 21, 1.).
Regarding claim 2, Feyen teaches the zeolitic material having a BEA framework structure provided in (i) comprises 5 wt.-% or less of one or more non-framework cationic elements other than H+ and/or NH4+, preferably 3 wt.-% or less, more preferably 2 wt.-% or less, more preferably 1 wt.-% or less, more preferably 0.5 wt.-% or less, more preferably 0.1 wt.-% or less, more preferably 0.05 wt.-% or less, more preferably 0.01 wt.-% or less, more preferably 0.005 wt.-% or less, and more preferably 0.001 wt.-% or less. (Feyen 21, 2.).
Feyen further teaches the zeolitic material having a BEA framework structure comprises 0.001 wt.-% or less of one or more non-framework cationic elements other than H+ and/or N H4+. As regards the amount of the one or more framework cationic elements in weight percent, said value is based on 100 wt.-% of the zeolitic material (Feyen 7, zeolitic material having a BEA framework structure).
Regarding claim 3, Feyen teaches it is preferred that the non-framework cationic element is Na or K (Feyen 7, non-framework cationic element).
Regarding claim 4, Feyen teaches elements are selected from the group consisting
of alkali metals, alkaline earth metals, and combinations of two or more thereof may be
contained in the zeolitic material having a BEA framework structure (Feyen 7, contained in the zeolitic material, alkali metals, alkaline earth metals).
Regarding claim 5, Feyen teaches zeolitic material having a BEA framework structure (containing alkali or alkaline earth metals) provided in (i) comprises 5 wt.-% or less (Feyen 21, 2.).
Regarding claim 6, Feyen teaches that Y is selected from the group consisting
of Si, Sn, Ti, Zr, Ta, Fe, Ge, and combinations (Feyen 24, 15.).
Regarding claim 7, X is selected from the group consisting of Al, B, In, Ga, and combinations of two or more thereof, X preferably being Al (Feyen 24, 16.).
Regarding claim 8, Feyen teaches a zeolitic material having a BEA framework structure (Feyen, abstract).
Regarding claim 9, Feyen teaches wherein the zeolitic material comprise zeolite beta, wherein preferably zeolite beta is employed as the zeolitic material (Feyen 24, 19.).
Regarding claim 10, Feyen teaches pH of the aqueous solution employed in step (iii) is comprised in the range of from -2 to 4, preferably of from - 1 .8 to 3, more preferably of from - 1 .6 to 2 , more preferably of from -1 .4 to 1 , more preferably of from -1 .2 to 0.5, more preferably of from -1 to 0.2, and more preferably of from -0.8 to 0 (Feyen 22, 7.).
Regarding claim 11, Feyen teaches group consisting of phosphoric acid, sulphuric acid, hydrochloric acid, nitric acid which all have pka values less than or equal to 2.5 (Feyen 22-23, 9.).
Regarding claim 12, Feyen teaches treatment of the calcined zeolitic material with an aqueous solution having a pH of 5 or less in step (iii) is conducted for a period of from 0.25 to 48 h, preferably of from 0.5 to 24 h, more preferably of from 1 to 12 h, more preferably of from 1 to 6 h, and even more preferably of from 1.5 to 3.5 h (Feyen 23, 12.).
Regarding claim 13, Feyen once again teaches the pH of the aqueous solution employed in step (iii) is comprised in the range of from -2 to 4, preferably of from - 1 .8 to 3, more preferably of from - 1 .6 to 2 , more preferably of from -1 .4 to 1 , more preferably of from -1 .2 to 0.5, more preferably of from -1 to 0.2, and more preferably of from -0.8 to 0 (Feyen 22, 7.).
Regarding claim 14, Feyen teaches the zeolitic material having a BEA framework structure is obtainable and/or obtained from an organotemplate-free synthetic process (Feyen, abstract).
Claim Rejections - 35 USC § 102/103
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
Claim(s) 15 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over by Feyen (WO 2016/128917 A1).
Regarding claim 15, the claim recites “A zeolitic material as obtained and/or obtainable according to the process of claim 1.” This is product-by-process language, making this a product-by-process claim. Product-by-process claims are not limited by the process steps, except to the extent they suggest structure or composition. See generally MPEP 2113. Here, the claim suggests a process for the dealumination of a zeolitic material comprising:(1) providing a zeolitic material having a framework structure comprising Y, X, and O, wherein Y is a tetravalent element and X is a trivalent element; (2) providing an aqueous solution having a pH of less than 0.1; (3) treating the zeolitic material provided in (1) with the aqueous solution.
Feyen teaches A method for the preparation of a treated zeolitic material having a BEA framework structure comprising the steps of:
(i) providing a zeolitic material having a BEA framework structure, wherein the
BEA framework structure comprises YO2 and X2O3, wherein Y is a tetravalent element,
and X is a trivalent element, and wherein the zeolitic material having a BEA framework
structure is obtainable and/or obtained from an organotemplate-free synthetic process;
(ii) calcining the zeolitic material provided in step (i) at a temperature of 650°C or
more; and
(iii) treating the calcined zeolitic material obtained from step (ii) with an aqueous solution having a pH of 5 or less. (Feyen 21, 1.)
Any difference – to the extent there is any – would be viewed as obvious based on the close structural similarity. MPEP 2144.09.
Conclusion
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/STARFARI TESHAWN MCCLAIN/Examiner, Art Unit 1736
/ANTHONY J ZIMMER/Supervisory Patent Examiner, Art Unit 1736
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