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/Restriction
REQUIREMENT FOR UNITY OF INVENTION
As provided in 37 CFR 1.475(a), a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in a national stage application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.
The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e).
When Claims Are Directed to Multiple Categories of Inventions:
As provided in 37 CFR 1.475 (b), a national stage application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories:
(1) A product and a process specially adapted for the manufacture of said product; or
(2) A product and a process of use of said product; or
(3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or
(4) A process and an apparatus or means specifically designed for carrying out the said process; or
(5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process.
Otherwise, unity of invention might not be present. See 37 CFR 1.475 (c).
Restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, claim(s) 1-16, drawn to a catalyst.
Group II, claim(s) 19, drawn to a method for promoting catalytic activity.
Group III, claim(s) 26, drawn to a method for producing a catalyst composition.
Group IV, claim(s) 31, drawn to a method for producing a hydride.
Group V, claim(s) 32, drawn to a method for producing ammonia.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Groups I-V lack unity of invention because even though the inventions of these groups require the technical feature of the catalyst of claim 1 comprising a catalyst additive of formula LmAn and a catalyst substance of formula MpOqCwNsHt, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Botha et al. US 20210213428. Botha et al. teaches a catalyst that comprises Co/Pt supported on Ti promoted alumina (See Example 12 Para [0179]). Here the Co and Pt as considered to read on the component L of the additive as claimed. The catalyst of formula (2) can be represented by MpOq where w, s and t are considered to be zero. From the example in the reference Al2O3 reads on formula 2 where p is 2 and q is 3.
During a telephone conversation with Fang Liu on 09/16 a provisional election was made without traverse to prosecute the invention of Group I, claims 1-16. Affirmation of this election must be made by applicant in replying to this Office action. Claims 19, 25, 31 and 32 have been withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
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 1-16 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. In claim 1, the term “typical elements” is indefinite. The scope of the claim cannot be determined because it is unclear which group of metals would be excluded from being represented by M.
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.
Claim(s) 1-8 10 and 12-14 is/are rejected under 35 U.S.C. 102(1)(1) as being anticipated by Botha et al. US 20210213428.
Regarding claims 1, 12 and 13, Botha et al. teaches a catalyst that comprises Co/Pt supported on Ti promoted alumina (See Example 12 Para [0179]). Here the Co and Pt as considered to read on the component L of the additive as claimed. The catalyst of formula (2) can be represented by MpOq where w, s and t are considered to be zero. From the example in the reference Al2O3 reads on formula 2 where p is 2 and q is 3. Co is a catalytically active metal.
Regarding claims 2-4, the claimed composition is taught by the Botha et al. reference. The property of catalytic activity is intrinsic to the composition defined by the combination of formula (1) and (2). Since the combination of these components is taught, the properties would be expected to be the same.
Regarding claims 5-8 and 10, the Botha et al. reference teaches an embodiment in Example 3, where Ti additive is added to the catalyst Al2O3 (Para [0168]). Here in Formula (1) L is Ti, n is zero. In Formula (2) w, s and t are zero, p and q are 1 with M being Al.
Regarding claim 14, the claim language only excludes Si, Al and O from being present at the same time. However the claim does not exclude Al and O from being present at the same time. In this situation, Si is not present.
Claim(s) 1-4 and 8-16 is/are rejected under 35 U.S.C. 102(1)(1) as being anticipated by Fishel et al. “Ammonia Synthesis Catalyzed by Ruthenium Supported on Basic Zeolites”.
Regarding claims 1, 11-14, The Fishel et al. reference teaches an example of a Ru/Ba-MgO catalyst (See Table 3 on Pg. #151). This reads on the composition of claim 1 where L is Ru, m is 1 and n is zero. The Ba-MgO support is considered to read on formula 2 where M is Ba and Mg and w, s and t are also zero. Ru is considered as a catalytically active metal.
Regarding claims 2-4, the claimed composition is taught by the Botha et al. reference. The property of catalytic activity is intrinsic to the composition defined by the combination of formula (1) and (2). Since the combination of these components is taught, the properties would be expected to be the same.
Regarding claims 8-10, the example of MgO (See Table 3 on Pg. 151) reads on formula 2 where w, s and t are zero and M is Ba and Mg.
Regarding claims 15 and 16, the instant Specification provides examples for basic oxides having crystallinity (See MgO Instant Spec Para [0032]).
Relevant Art
Hosono et al. US 20160361712 teaches examples of various ammonia synthesis catalysts including transition metals supported on nitride or carbide based materials (Abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED TAHA IQBAL whose telephone number is (571)270-5857. The examiner can normally be reached M-F; 7-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Zimmer can be reached at (571) 270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SYED T IQBAL/ Examiner, Art Unit 1736
/ANTHONY J ZIMMER/ Supervisory Patent Examiner, Art Unit 1736
