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 interpretation
The term “pre-treated” (claim 10) is interpreted in view of the description provided in the Specification. “Pre-treatment of the inventive platinum component refers to a component and/or preparation method, in which the pre-treated platinum component is obtained by impregnating palladium, or rhodium, and/or any other platinum group metal (PGM) of the present invention.” (Pg. 7, lines 10-13).
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.
Claim(s) 1-11 and 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO2019/239325.
Regarding claims 1 and 13, WO’9325 discloses (example 4) three-way conversion catalyst (TWC) for the treatment of an exhaust gas stream comprising nitrogen oxides (NOx), carbon monoxide (CO) and hydrocarbons (HC), comprising platinum group metal (PGM), a refractory metal oxide support, and a carrier characterized in that the platinum group metal (PGM) comprises platinum, palladium and rhodium. (See Pg. 1 lines 5-14).
Regarding claim 2, The position of the catalyst within a system does not limit the composition of the catalyst. In any event, the three-way conversion catalyst can be in in closed-coupled position (see e.g. page 4, line 6).
Regarding claims 3-7, The catalyst comprises a bottom washcoat layer and a top washcoat layer, wherein the bottom washcoat comprises platinum and palladium as the only platinum group metal and the top washcoat comprises palladium and rhodium as the only platinum group metals. See Example 4 on Pg. 23, lines 31-37 (bottom layer). The reference indicates (on Pg. 24, line 6) that the top layer in Example 4 is the same as that of example 3 (Pg. 23, line 16-26).
Regarding claims 8 and 9, the reference uses a composite of 1:1 ratio of ceria and alumina (Pg. 23, line 31). This composite is considered as the mixed oxide as claimed.
Regarding claim 10, the platinum is pre-treated (Pg. 23, line 36).
Regarding claim 11, the reference teaches using an oxygen storage component (Pg. 2, line 19).
Regarding claim 14, the reference teaches using the catalyst of claim 1 to purify the claimed impurities (HC, CO and NOx See Pg.19 line 1-4) from the exhaust gas stream of a gasoline engine (Pg. 20, line 4).
Regarding claim 15, the reference is silent on the engine bed temperature. However, the reference teaches the use of the Three-Way-Catalyst to purify exhaust from a gasoline engine (Pg. 4, line 6). Just like the one used in the claim. Additionally, similar to the instant invention the catalyst is used in a closed coupled position near the engine compartment (Pg. 1, lines 8-10). Furthermore, the exhaust gas is contacted at a temperature sufficient (Pg. 3, lines 30-33) to reduce NOx levels on the same catalyst as the claimed invention.
Since the same catalyst is used for treating the same exhaust gas (from a gasoline engine) for NOx reduction, the sufficient temperature of the engine bed will be 1000°C or more.
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.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO2019/239325.
Regarding claim 12, the WO’9325 reference teaches that the platinum to palladium ratio is from 1:2 to 20:1 (Pg. 6, line 3).
Overlapping ranges are considered prima facie case of obviousness (MPEP §2144.05 I).
Relevant Art
US20180156090 teaches a TWC catalyst with a OSC promotor including ceria. The catalyst includes platinum, palladium and rhodium (Para [0068]-[0070]). The TWC catalysts are used to abate NOx, carbon monoxide (CO), and hydrocarbon (HC) pollutants in the exhaust of engines (Para [0043]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED TAHA IQBAL whose telephone number is (571)270-5857. The examiner can normally be reached M-F; 7-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Zimmer can be reached at (571) 270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SYED T IQBAL/Examiner, Art Unit 1736
/ANTHONY J ZIMMER/Supervisory Patent Examiner, Art Unit 1736
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