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 .
This action is in response to Applicant’s response to election/restriction filed 09/11/2026.
Applicant’s election without traverse of Group I, claims 1-5 in the reply filed on 09/11/2026 is acknowledged.
Claims 6-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09/11/2026.
Claims 1-15 are pending. Claims 1-5 are being examined. Claims 6-15 are withdrawn from further consideration as being drawn to non-elected inventions.
Allowable Subject Matter
Claims 3-5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Rejections - 35 USC § 102
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.
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.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schaub (US 5077029).
Considering claim 1, Schaub teaches a production apparatus including a reaction tube (i.e., Deoxo vessel 20) in which a catalyst material containing noble metal is housed (Schaub, Col. 4 38-45, Col. 6 lines 60-63).
Schaub teaches a first supply line (3) with a first regulating valve (12), a second supply pipe (14) with a second regulating valve (16) in fluid communication with the reaction vessel, a reactor output pipe (21) in fluid communication with the reaction vessel and a control unit (9) controlling the opening of the first and second regulating valves (Schaub, Figure, Col. 3 line 47 – Col. 5 line 4).
It should be noted that the claims are directed to a production unit and the manner in which the production unit is operated does not impart any structural limitations to the unit. Schaub’s unit is capable of producing ammonia, supplying an exhaust gas containing NOx and oxygen to the reactor via the first supply line, supplying a reducing gas not containing NOx to the reactor via the second supply line, and recovering produced ammonia from the reactor via the reactor output pipe. Schaub’s control unit comprising the two regulating valves is capable of being operated (i.e., opening and closing the regulating valves) such that the production apparatus performs a production process including: a first step of supplying the exhaust gas to the catalyst material to allow NOx in the exhaust gas to be stored in the catalyst material; and a second step of stopping supply of the exhaust gas, and then supplying the reducing gas to the catalyst material to produce and recover ammonia from NOx stored in the catalyst material.
Considering claim 2, it should be noted that the claims are directed to a production unit and the manner in which the production unit is operated does not impart any structural limitations to the unit. Schaub’s production unit is capable of repeatedly performing the production process.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANITA NASSIRI-MOTLAGH whose telephone number is (571)270-7588. The examiner can normally be reached M-F 6:30-3:00.
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/ANITA NASSIRI-MOTLAGH/Primary Examiner, Art Unit 1734
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