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 .
Election/Restrictions
Applicant’s election without traverse of Group I (Claims 1-14) in the reply filed on October 2, 2026 is acknowledged.
Claims 15-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
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 1-6 and 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moser et al. (US 4,677,094).
Claim 1. Moser discloses A composite catalyst (Abstract “trimetallic catalytic composite”) comprising: a carrier (Col. 4, line 44 – Col. 5, line 29 “The porous carrier material should also be uniform in composition and relatively refractory to the conditions utilized in the hydrocarbon conversion process.”) comprising an oxide of a first metal (Col. 5, lines 30-43 “refractory inorganic oxides such as alumina, titanium dioxide, zirconium dioxide, chromium oxide, zinc oxide, magnesia, thoria, boria, silica-alumina, silica-magnesia, chromia-alumina, alumina-boria, silica-zirconia, etc.”); a second metal supported on the carrier (Col. 6, lines 16-63 “platinum component”; Col. 7, line 50 – Col. 9, line 4 “the surface-impregnated metal is selected from the group consisting of rhodium, ruthenium, cobalt, nickel or iridium”); and an oxide of a third metal supported on the carrier (Col. 7, line 50 – Col. 9, line 4 “…the surface-impregnated metal is selected from the group consisting of rhodium, ruthenium, cobalt, nickel or iridium. The surface-impregnated metal component may be present in the composite as an elemental metal or in chemical combination with one or more of the other ingredients of the composite, or as a chemical compound of the metal such as the oxide, oxyhalide, sulfide, halide, and the like.”), wherein an electronegativity of the first metal is less than or equal to an electronegativity of the third metal (Examiner note: e.g., electronegativity of aluminum < electronegativity of rhodium).
Claim 2. Moser discloses The composite catalyst of claim 1, wherein the first metal comprises Al, Si, a transition metal, or a combination thereof (Col. 5, lines 30-43 “alumina”).
Claim 3. Moser discloses The composite catalyst of claim 1, wherein the oxide of the first metal is represented by a formula of MaOb, wherein M is Al, Si, Zr, Ti, or a combination thereof, 0<a<4, and 0<b<50 (Col. 5, lines 30-43; Examiner note: alumina = Al2O3).
Claim 4. Moser discloses The composite catalyst of claim 1, wherein the second metal comprises Pt, Pd, Rh, Ru, Ir, V, Mo, Mn, Ni, Co, Ce, Fe, W, Ag, Au, Cu, Sn, or a combination thereof (Col. 6, lines 16-63 “platinum component”; Col. 8, lines 26-33 “the surface-impregnated metal is selected from the group consisting of rhodium, ruthenium, cobalt, nickel or iridium”).
Claim 5. Moser discloses The composite catalyst of claim 1, wherein the second metal comprises Pt, Pd, Rh, or a combination thereof (Col. 6, lines 16-63 “platinum component”; Col. 8, lines 26-33 “the surface-impregnated metal is selected from the group consisting of rhodium…”).
Claim 6. Moser discloses The composite catalyst of claim 1, wherein the third metal comprises B, Al, Si, P, V, Cr, Mn, Fe, Co, Ni, Cu, Zn, Ga, Ge, Se, Nb, Mo, Tc, Ru, Rh, Pd, Ag, Cd, In, Sn, Sb, W, Ir, Bi, or a combination thereof (Col. 8, lines 26-33 “the surface-impregnated metal is selected from the group consisting of rhodium, ruthenium, cobalt, nickel or iridium”).
Claim 9. Moser discloses The composite catalyst of claim 1, wherein a content of the oxide of the third metal is about 0.01 weight percent to about 2 weight percent based on a total weight of the composite catalyst (Col. 8, lines 33-39).
Claim 10. Moser discloses The composite catalyst of claim 1, wherein the oxide of the first metal and the oxide of the third metal are chemically bonded on a surface of the carrier (Col. 8, lines 26-33).
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.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Moser et al. (US 4,677,094).
Claim 7. Moser discloses The composite catalyst of claim 1. Regarding the limitation: wherein the third metal comprises B, Al, or a combination thereof, Moser discloses that the composite catalyst may comprise alumina and/or boria (Col. 5, lines 30-43).
Claim 8. Moser discloses The composite catalyst of claim 1. Regarding the limitation: wherein a content of the second metal is greater than 0 weight percent to about 5 weight percent, and a content of the oxide of the third metal is greater than 0 weight percent to about 5 weight percent based on a total weight of the composite catalyst, Moser discloses that the surface-impregnated metal(s) may be present in the catalytic composite in an amount from about 0.01 wt% to about 2 wt% (Col. 8, lines 33-39). The Examiner notes that these surface-impregnated metals may be considered to read on the claimed second metal and/or third metal.
Claims 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Moser et al. (US 4,677,094) in view of Lee et al. (US 2023/0383680).
Claim 11. Moser discloses The composite catalyst of claim 1. Moser does not disclose: wherein the composite catalyst is configured to remove a first compound from an unpurified air flow including the first compound. However, the Examiner notes that the instant claims are directed to a chemical composition of a composite catalyst. Claim 11 appears to expand the claimed invention beyond the statutory category of a composition of matter to a process / system. However, a recitation of the intended use of the claimed invention must result in a structural difference (i.e. chemical structure of the composite catalyst) between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Moreover, Lee teaches a composite catalyst carrier coated on a substrate, wherein the catalyst may comprise: at least one of Al2O3, SiO2, and TiO2; and metal oxides such as Pt, Pd, Rh, Cu, Cr, Mn, Fe, Ni, Co, V, and Zn alone or in combination ([0035] – [0037]; [0117]); wherein the composite catalyst carrier may be used in a system to reduce volatile organic compounds (VOC) and nitrogen oxides (NOx) from air ([0031] – [0032]; [0079]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize the catalytic composite in Moser within the VOC reduction system, as taught by Lee, in order to reduce volatile organic compounds (VOC) and nitrogen oxides (NOx) from air with a reasonable expectation of success.
Claim 12. Moser in view of Lee teach The composite catalyst of claim 11. Lee teaches wherein the first compound comprises a volatile organic compound ([0031] – [0032]; [0079]).
Claim 13. Moser in view of Lee teach The composite catalyst of claim 12. Lee teaches wherein the volatile organic compound comprises a polar compound, a non-polar compound, or a combination thereof, wherein the non-polar compound comprises an aliphatic hydrocarbon, an aromatic hydrocarbon, or a combination thereof, and the polar compound comprises ammonia, urea, an amine compound, an aldehyde compound, a ketone compound, an alcohol compound, a sulfur compound, a thiol compound, a halogenated hydrocarbon, a nitrogen oxide, ozone, or a combination thereof, wherein the aliphatic hydrocarbon comprises methane, ethane, propane, butane, pentane, hexane, or a combination thereof, the aromatic hydrocarbon comprises benzene, toluene, xylene, or a combination thereof, the amine compound comprises methylamine, dimethylamine, trimethylamine, ethylamine, aniline, or a combination thereof, the aldehyde compound comprises formaldehyde, acetaldehyde, propiolaldehyde, butyraldehyde, or a combination thereof, the ketone compound comprises dimethyl ketone, methyl ethyl ketone, diethyl ketone, methyl propyl ketone, dipropyl ketone, or a combination thereof, the alcohol compound comprises methanol, ethanol, propanol, isopropanol, butanol, pentanol, hexanol, heptanol, or a combination thereof, the sulfur compound comprises hydrogen sulfide, sulfur dioxide, elemental sulfur, a sulfur oxide, or a combination thereof, and the thiol compound comprises methanethiol, ethanethiol, 1-propanethiol, 2-propanethiol, propenethiol, butanethiol, tert-butyl mercaptan, thiophenol, or a combination thereof ([0079]).
Claim 14. Moser discloses The composite catalyst of claim 1. Regarding the limitation: further comprising a substrate, wherein the carrier is disposed on the substrate, and the carrier and the substrate are disposed in an air flow stream, wherein the carrier is disposed upstream of the substrate in the air flow stream or the carrier and the substrate are disposed in parallel along at least a portion of the air flow stream, Lee teaches a composite catalyst carrier coated on a substrate, wherein the catalyst may comprise: at least one of Al2O3, SiO2, and TiO2; and metal oxides such as Pt, Pd, Rh, Cu, Cr, Mn, Fe, Ni, Co, V, and Zn alone or in combination ([0035] – [0037]; [0117]); wherein the composite catalyst carrier may be used in a system to reduce volatile organic compounds (VOC) and nitrogen oxides (NOx) from air ([0031] – [0032]; [0079]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize the catalytic composite in Moser within the VOC reduction system, as taught by Lee, in order to reduce volatile organic compounds (VOC) and nitrogen oxides (NOx) from air with a reasonable expectation of success.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Acres (US 3,840,471) discloses a catalyst comprising: platinum; rhodium; and a base metal selected from Al, Mg, Cr, Mo, W, Mn, Fe, Co, Ni, Ti, V, Th, U, Cu, Ag, Zn, Cd, Hg, In, Tl, Bi, Sn, Pb, Sb, the lanthanides and the actinides (Col. 1, lines 15-27).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Crystal J. Lee whose telephone number is (571)272-6242. The examiner can normally be reached M-F from 9:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sally Merkling can be reached at (571) 272-6297. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CRYSTAL J LEE/Primary Examiner, Art Unit 1738
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