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 1, claims 1-4. This was done without traverse in the remarks of 1/16/2026.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 cites “wherein a surface of the support is supported with an oxide of metal A”. This implies the oxide of metal A is a support. The claim further goes on to requires “…vanadium oxide or chromium oxide which is sub-monodispersed on the surface of the support”. This implies the metal is in not the support part of the composition, and does not provide support to any other part of the composition as it is dispersed on the support.
For the purpose of this office action it is assumed the presence of any metal oxide, in support form or not support form, will meet the limitations of the claims. This affects all dependent claims, thus claims 1-4.
Claim 2 recites the limitation of “a carrier”. There is insufficient antecedent basis for this limitation in the claim. Claim 1 requires a support, but it is not defined as a carrier.
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) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arshad et al (US 2020/0306734 A1).
Arshad teaches a catalyst composition. See abstract.
The catalyst contains metal vanadate particles. Iron must be included, but any metal that is not iron may also be included. See p 5-6.
The catalyst includes vanadium oxide.
The catalyst contains an oxide of a metal. The metal includes vanadium oxide, see p 14 and 22.
The catalyst support includes may include zeolite which is aluminosilicate molecular sieve. See p 25-26. titanium oxide (referred to as titania see p 23) may also be the support. This meets the limitations of claim 2.
Regarding claim 3, it is assumed for the purpose of this office action that the required percentages used do not include the carrier as part of the weight calculation of the metal oxide and the metal vanadate. This is supported by the specification. Claim 1 delineates that the support material and the catalyst material is to be held separate.
The metal vanadate is 20% to 75% of the catalyst composition. See p 47. The metal A of the metal oxide is vanadium. The catalyst may include the metal oxide, the metal vanadate, dopants and other parts. The parts of the catalyst that are not the metal vanadate may be as little as 25% of the composition. As such the range of the metal A would include the range of 1-10% of the catalyst composition.
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.
Allowable Subject Matter
There is no allowable subject matter due to the 112 rejections. Claim 4 is not rejected under prior art.
Regarding claim 4 the particle size of the metal vanadate is not taught, nor is the particle size of the metal oxide. It is suggested, due to the pore size of the carrier, that the particle size of the metal vanadate is smaller than the claimed 100-200 nm range required in claim 4. The pore size is 2 to 50 nm. See p 29.
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
/JAMES C GOLOBOY/ Primary Examiner, Art Unit 1771