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 claim 11-19 in the reply filed on 6/29/26 is acknowledged. However, the election requirement is hereby rescinded as being unnecessary.
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.
Claims 11-20 are 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 11 recites 4 layers or more, with layer 1 and 2 having differences in height and the promoter compound, whereas layers 3 and 4, though recited as having different heights, do not have any separately identifiable features, making the claim confusing. Examiner understands that the layers have different compositions as shown by tables 2 and 4, but claims are interpreted under the broadest reasonable interpretation.
Claims 12, 16 and 18 recite “preferably” and “more preferably” which i s indefinite in claim construction. Suggestion: separate these limitations in to further dependent claims.
Action on Merits
The closest prior arts are Altwasser (US 2012/0004425), and the references cited in the 892. They all teaches the VTiO catalyst beds and oxidation of hydrocarbons to produce phthalic anhydride. However, none of the references teach the specifics of the bed, vise, first and second layer having CuO and MoO as promoters, and the layers being of different compositions and the specified heights. These details are also more than simple optimization considering the details of work disclosed and the results.
Therefore, the claims are allowable with claim 11 being amended to include the composition difference between layers 3 and 4 and amending for “preferably” as recommended in the dependent claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISHNAN S MENON whose telephone number is (571)272-1143. The examiner can normally be reached Flexible, but generally Monday-Friday: 8:00AM-4:30PM.
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/KRISHNAN S MENON/Primary Examiner, Art Unit 1771
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