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
The examiner recognizes the selection of group I claims 1-6 without traverse on the response of 2/3/2026. Accordingly claims 1-6 are examined in this office action.
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.
Claim(s) 1 and 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Spannhoff (US 2016/0145171 A1). The examiner notes that the method of production does not itself limit a composition claim.
Regarding claims 1 and 3-6 Spannhoff teaches a method of making butadiene from ethanol (abstract).
The process uses a crystalline silica (zeolite, see abstract). The catalyst contains
Zr (p 17) and Zn (p, 31-32, and 54). With a ratio of metal to Si 1:10 to 1:150, see p 16. The Zn is disposed on the catalyst by impregnation and/or ion exchange. See p 32. As such ZnO would be present.. This constitutes the Zn interacting with the silanol groups of the silica support.
In a case where the claimed ranges overlap or lie inside ranges disclosed by the
prior art a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257,191 USPQ 90 (CCPA 1946), and MPEP 2144.05.
The catalyst is made using the template agent ammonium hydroxide, see p 37. The
The framework for the support is MFI type, see p 19 and claim 9. An orthosilicate and metal salt is used to make the catalyst, see p 66-68.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Spannhoff (US 2016/0145171 A1) and Hodgkins (US 2022/0340435 A1).
Spannhoff does not specifically state the size of the micropores
of the MFI type catalyst.
Hodgkins teaches a zeolite catalyst of MFI framework (abstract).
The catalyst has micropores and mesopores.
The micropores have a pore size of 2 nm or less, see p 98.
It would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to use the micropore size and volume as taught in Hodgkins in the invention of Spannhoff. They both use MFI type catalysts with micropores. The size and volume of the pores as taught in Hodgkins has the advantage of creating an effective MFI type catalyst.
In the alternative Hodgkins provides evidence that an obvious variant of the MFI catalyst of Spannhoff is one with the micropore volume/size as taught.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK C CAMPANELL whose telephone number is (571)270-3165. The examiner can normally be reached Monday-Friday 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Prem Singh can be reached at 571-272-6381. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FRANCIS C CAMPANELL/Examiner, Art Unit 1771
/PREM C SINGH/Supervisory Patent Examiner, Art Unit 1771
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