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 .
Claim Objections
Claims 4-9 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to a previous claim in the alternative only, and should not depend from another multiple dependent claim. See MPEP § 608.01(n).
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 3, 4, 6, 8, and 9 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 3 recites the broad recitation “molar ratio of silicon to aluminum is 3:1 to 300:1”, and the claim also recites preferably 5:1 to 250:1, particularly preferably 30:1 to 90:1 which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 4 cites the broad recitation, “zeolites are of the types LTA, MFI, MOR, BEA, FAU”, and the claim also recites particular preferably MFI, MOR, which is the narrower statement of the range/limitation.
Claim 6 recites the broad recitation, “0.1-10% by weight’, and the claim also recites, particularly preferably 0.5-5% by weight, which is the narrower statement of the range/limitation.
Claim 8 recites the broad recitation, “temperatures of 250°C to 450°C”, and the claims also recites preferably 270-400°C, particularly preferably 300 to 370°C, which is the narrower statement of the range/limitation.
Claim 9 recites the broad recitations, “a pressure of 0.5 bar to 300 bar”, and the claim also recites, particularly preferably 0.9 bar to 50 bar, and very particularly preferably 1 bar to 10 bar, which is the narrower statement of the range/limitation.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: claims 1 and 2 are drawn to a process not taught or fairly suggested by prior art. The closest prior art, Huang et al., teaches the conversion of a ditolyl ether to a mixture of cresol and toluene, using a Ru-WO/SiAl catalyst, with the latter being formed at a higher selectivity. The prior art doesn’t teach a process as claimed in the present invention, wherein a catalyst comprising at least two of titanium oxide, zirconium oxide, and tungsten oxide and/or a catalyst comprising a zeolite and at least two oxides. The claimed process improves the selectivity to cresol and turnover rate without the addition of a strong base.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIKARL A WITHERSPOON whose telephone number is (571)272-0649. The examiner can normally be reached M-F 9am-9pm IFP.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scarlett Goon can be reached at 571-270-5241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SIKARL A WITHERSPOON/Primary Examiner, Art Unit 1692
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