DETAILED ACTIONNotice 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 § 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Ouyang et al. (“Single-Step Delamination of a MWW Borosilicate Layered Zeolite Precursor under Mild Conditions without Surfactant and Sonication”) in view of Lu et al. (“The synergetic effect of acid and nickel sites on bifunctional MWW zeolite catalysts for ethylene oligomerization and aromatization”).
With regard to Claims 1 and 3, Ouyang teaches a method of preparing a two-dimensional silicate molecular sieve catalyst comprising synthesizing a layered borosilicate precursor having an MWW zeolite framework type (Page 1451, Synthesis of ERB-1 Precursor (ERB-1P); Synthesis of ERB-1P was performed on the basis of the reported literature procedure, with minor modifications).
Ouyang is silent to adding a nickel precursor to the layered borosilicate precursor and performing hydrothermal treatment to prepare a nickel silicate, instead teaching adding an aluminum precursor and performing hydrothermal treatment to prepare an aluminosilicate (Figure 1, Abstract, Layered borosilicate zeolite precursor ERB-1P (Si/B = 11) is delaminated via isomorphous substitution of Al for B using a simple aqueous Al(NO3)3 treatment).
Ouyang is further silent to the method wherein a concentration of the nickel precursor is 0.1 to 5.0 M, instead teaching a concentration of an aluminum precursor of 0.1 to 5.0 M (Page 1451, Delamination of Zeolite Precursors; 1.0 g of zeolite precursor was added to 100 g of 0.4 N Al(NO3)3 aqueous solution in a 250 mL, sealed, thick-walled glass reactor with vigorous stirring).
Lu teaches the use of nickel nitrate in preparing a nickel silicate molecular sieve catalyst, wherein the concentration of the nickel nitrate is 0.1 to 5.0 M (Page 3571, 2.1.3 Ion exchange for H- and Ni-form zeolites; The NH4-form samples were subjected to nickel ion exchange using 0.5 M nickel nitrate solution at 343 K for 4 h). Lu notes that loading of nickel increases reaction activity and selectivity in acid catalysis applications (Page 3569, 1. Introduction; Studies show that the loading of nickel can effectively increase the reaction activity and significantly increase the selectivity for even olefins in the oligomerization product, and the product distribution obeys the Anderson–Schulz–Flory (ASF) distribution).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for Ouyang to teach adding a nickel precursor to the layered borosilicate precursor to prepare a two-dimensional nickel silicate molecular sieve catalyst, wherein a concentration of the nickel precursor is 0.1 to 5.0 M, as taught in Lu, to increase reaction activity and selectivity in acid catalysis applications.
With regard to Claim 2, Ouyang teaches the method wherein the layered borosilicate precursor has an Si/B molar ratio of 5.0 to 20.0 (Abstract, Layered borosilicate zeolite precursor ERB-1P (Si/B = 11)… Table 2, ERB-1P, Si/B ratio = 11).
With regard to Claim 4, Ouyang teaches the method wherein a hydrothermal treatment temperature in step (b) is 100 to 200 °C (Page 1451, Delamination of Zeolite Precursors; 1.0 g of zeolite precursor was added to 100 g of 0.4 N Al(NO3)3 aqueous solution in a 250 mL, sealed, thick-walled glass reactor with vigorous stirring. The mixture was heated and maintained at various temperatures, including 100, 135, 150, and 175 °C. Materials resulting from this treatment are denoted as ERB-1-del-100, ERB-1-del-135, ERB-1-del-150, and ERB-1-del-175, respectively).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Katz et al. (US 2019/0247838 A1) teaches delamination of a borosilicate layered zeolite using a zinc nitrate. It does not disclose adding a nickel precursor or preparing a two-dimensional nickel silicate molecular sieve catalyst.
Swift (US 4210768 A) teaches a layered nickel silicate catalyst for hydrogenation applications. It does not teach the method wherein a layered borosilicate zeolite precursor is synthesized.
Lallemand et al. (“Ni-MCM-36 and Ni-MCM-22 catalysts for the ethylene oligomerization”) teaches preparation of nickel containing MCM-36 and MCM-22 zeolite catalysts. It does not teach the method wherein a layered borosilicate zeolite precursor is synthesized.
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/ABDUL-RAHMAN YUSUF WALEED SMARI/Examiner, Art Unit 1736
/ANTHONY J ZIMMER/Supervisory Patent Examiner, Art Unit 1736
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