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 .
DETAILED ACTION
Claims 1-20 are pending. Claims 1-20 are examined on the merits.
Claim Objections
Claims 3-6 are objected to because of the following informalities: Claim 3 recites “SBS” at line 1, which is incorrect, as the full name of SBS was not mentioned in the claims. The correct recitation should be “sodium bisulfate” (SBS) in claim 1, at line 1. Claims 4-6 are objected for the reason.
All other cited claims depend directly or indirectly from objected claims and are, therefore, also, objected for the reasons set forth above.
Claim Objections
Claims 11-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
(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.
Claims 1, 7, and 8 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Fan et al (CN 102145297 A).
Fan et al teach the title solid acid catalyst contains 5-50 wt.% of bisulfate (ammonium bisulfate, sodium bisulfate (thus the claimed SBS) or potassium bisulfate) as active component and balance of SiO2, ZnO, TiO2, ZrO2, Fe2O3, diatomite (thus the claimed mechanical insectide diatomaceous earth, thus claims 7 and 8 are met), or activated carbon as support. The title solid acid catalyst is prepd. by calcining support at 400-600° for 3-6 h to obtain pre-treated support, soaking the pre-treated support in 3.5-60 wt.% (concn.) bisulfate soln. at 20-30° for 3-8 h, stirring at 60-100° for 1-3 h, and drying (thus the claimed dry) at 100-200° for 12-24 h (see Abstract).
Fan et al teach the solid acid catalyst according to claim 1 or 3, characterized in that in the step (2), the volume of the bisulfate aqueous solution is 1.55 to 2.06 mL / g based on the mass of the carrier (see claim 4) (thus claims 2-4, 9, and 10 are met).
Therefore, the reference is deemed to anticipate the instant claim above.
Claim Rejections –35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained through the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1-4, 7-10 are rejected under 35 U.S.C. 103(a) as being unpatentable over Fan et al as applied to claims 1, 7, and 8 above.
The teachings of Fan et al are set forth above and applied as before.
The teachings of Fan et al do not specifically teach the claimed percentages of sodium bisulfate and the dry insecticide in claims 2-4, 9, and 10.
Fan et al teach the solid acid catalyst according to claim 1 or 3, characterized in that in the step (2), the volume of the bisulfate aqueous solution is 1.55 to 2.06 mL / g based on the mass of the carrier (see claim 4) (thus claims 2-4, 9, and 10 are met).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to use the claimed percentages of sodium bisulfate and the dry insecticide in claims 2-4, 9, and 10 since Fan et al teach the volume of the bisulfate aqueous solution is 1.55 to 2.06 mL/g based on the mass of the carrier, and the carrier is diatomite, etc., which is the claimed mechanical insectide diatomaceous earth. When sodium bisulfate is 1.55 to 2.06 g, and when diatomaceous earth is 1 g, the claimed percentages of sodium bisulfate and the dry insecticide in claims 2-4, 9, and 10 is met.
From the teachings of the references, it is apparent that one of the ordinary skills in the art would have had a reasonable expectation of success in producing the claimed invention.
Thus, the invention as a whole is prima facie obvious over the references, especially in the absence of evidence to the contrary.
Conclusion
No claim is allowed.
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/Qiuwen Mi/
Primary Examiner, Art Unit 1655