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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Status of Application
Claims 1-5 are pending and presented for examination.
Priority
Acknowledgement is made of applicant's request for foreign priority under 35 U.S.C. §119(a)-(d). Certified copies of the priority documents have been received.
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over US PG Pub No. 20120009117 to Nabeta et al. (hereinafter, “Nabeta at __”).
Regarding claims 1 and 3, Nabeta discloses a HCl acid oxidation catalyst for oxidizing HCl (Nabeta at “Abstract”) comprising:
A carrier (alumina, Nabeta at [0050]);
Copper ([0034] at 0.3-4.5 wt.%), an alkali metal (potassium, [0037] at 0.2-4 wt.%), and a REM (samarium, [0038]) that are carried by the carrier.
However, a differential value of a spectrum obtained by DTA of the catalyst under a baseline of 290-400 C with alpha alumina as a reference material, nitrogen at 200 ml/min as the atmosphere, 10 mg of the sample amount, 15C/sec ramp rate, and data sampled every two seconds of 0.035 microvolts/sec or less is not expressly stated by Nabeta. Nabeta’s catalyst ratios overlap those of the Instant Specification (per “Table 3” which shows a ratio of 6:3.6:6 or 5.5:3.3:11 is <=0.035) so the values are overlapped which is prima facie obvious and thusly Nabeta discloses the DDTA absent evidence to the contrary though the Office cannot test for this. See MPEP 2112 V, "[T]he PTO can require an applicant to prove that the prior art products do not necessarily or inherently possess the characteristics of his [or her] claimed product. Whether the rejection is based on inherency' under 35 U.S.C. 102, on prima facie obviousness' under 35 U.S.C. 103, jointly or alternatively, the burden of proof is the same." The burden of proof is similar to that required with respect to product-by-process claims. In re Fitzgerald, 619 F.2d 67, 70, 205 USPQ 594, 596 (CCPA 1980) (quoting In re Best, 562 F.2d 1252, 1255, 195 USPQ 430,433-34 (CCPA 1977))".
As to claim 2, the pore diameter is 6-30 nm ([0046]).
Turning to claim 4, Nabeta discloses a method for producing chlorine wherein HCl is brought into contact with oxygen in the presence of the catalyst according to claim 1 (“Abstract”).
As to claim 5, Nabeta envisages that when Cu is present at above 4.5 wt.% that the catalyst is no long fluidized, as such one of ordinary skill in the art would find it obvious to utilize a higher Cu loading to produce a fixed bed reactor.
Claims 1 and 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over CN104923239 to Guo et al. (hereinafter, “Guo at __”, cited and provided by Applicants with pagination to the attached English machine translation).
Regarding claims 1 and 3, Guo discloses a hydrochloric acid oxidation catalyst for oxidizing hydrochloric acid (Guo at 1) comprising:
3 A carrier (alumina, “Example 2”);
Copper (10.36 g), potassium (2.73 g), and samarium (13.64g) loaded on the carrier.
However, a differential value of a spectrum obtained by DTA of the catalyst under a baseline of 290-400 C with alpha alumina as a reference material, nitrogen at 200 ml/min as the atmosphere, 10 mg of the sample amount, 15C/sec ramp rate, and data sampled every two seconds of 0.035 microvolts/sec or less is not expressly stated by Guo. Copper is present at 10.36/(10.36+2.73+13.64+30)=10.36/56.73=18.3%, K at 4.8%, Sm at 24%, and balance of alumina such that the ratio is 18.3:4.8:24 or 6.1:1.6:8 and Guo also states broadly that the amounts can be Cu at 3-10%, K at 1-7%, and Sm at 2-25% which overlap the values of “Table 3” which sets forth 6:3.6:6 has a DTA of <=0.035 such that Guo overlaps the values instantly claimed and thusly overlaps that the DDTA which is prima facie obvious (see MPEP 2144.05), absent evidence to the contrary, though the Office cannot test for this (see supra).
Turning to claim 4, Guo discloses a method for producing chlorine wherein hydrochloric acid is brought into contact with oxygen in the presence of the HCl oxidation catalyst according to claim 1 (Guo at 1).
As to claim 5, Guo discloses a fixed bed catalyst is utilized (Guo at 3).
Conclusion
Claims 1-5 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD M RUMP whose telephone number is (571)270-5848. The examiner can normally be reached Monday-Thursday 06:45 AM to 04:45 PM.
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RICHARD M. RUMP
Primary Examiner
Art Unit 1759
/RICHARD M RUMP/ Primary Examiner, Art Unit 1759
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