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 .
The amendment filed on 05/18/2026 has been considered and entered. The amendment overcomes the rejections under 35 USC 112b and 35 USC 112d which are hereby withdrawn. The terminal disclaimer filed on 05/18/2026 has been approved which overcomes the previous rejections based on obviousness double patenting, now withdrawn. The response over the rejections in view of Wang et al. (US 2007/0102321) have been considered but were not found to be persuasive. Therefore, the previous rejections are maintained.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 – 21 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2007/0102321)
In regards to claim 1, Wang teaches hydrocracking catalyst containing beta and Y zeolites for producing naphtha wherein the Y zeolite has a unit cell size from 24.38 to 24.50 angstrom (A) and the catalyst has a ratio of Y zeolite to beta zeolite of from 5 to 12, and which contains a metal such as cobalt, nickel, tungsten or molybdenum and their combinations which provide Group VIb non-noble metals and/or Group VII metals [title, 0007]. While the lattice parameter of the unit cell of 24.52 or 24.54 to 24.70 is not overlapped, the value of 24.52 or 24.54 is very close as to be obvious. A prima facie case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)
In regards to claims 2, 3, Wang teaches the catalyst wherein the hydrogenation metals including tungsten, molybdenum, cobalt and/or nickel is/are present at from 10 to 30%, and the tungsten (i.e., Group VIb) can be present at from 8 to 22%, which provides a balance of other metals such as including the Group VIII metals of from 8 to 22% [0041].
In regards to claims 4, 17, Wang teaches the catalyst but does not recite the presence of phosphorus as claimed. Bonduelle et al. (FR 2984759A1) recites similar catalyst for production of naphtha which can comprise phosphorus as P2O5 at 5% (specification). Thus, the presence of phosphorus in the catalyst of Wang at the claimed amount would be obvious in order to improve the catalyst similar to Bonduelle.
In regards to claim 5, Wang teaches the catalyst having the claimed limitation as previously stated.
In regards to claim 6, 7, Wang teaches the catalyst having zeolite Y in amounts of from about 45% to about 60% by weight of the catalyst [0039]. Since the ratio of zeolite Y to beta is 5 to 12, the amount of zeolite beta would be within the claimed range as well.
In regards to claim 8, Wang teaches the catalyst which comprises the zeolites in amounts overlapping the claimed range [0039]. Zeolites are porous mineral matrices.
In regards to claim 9, Wang teaches the catalyst having the claimed limitation as previously stated.
In regards to claim 10, Wang teaches the process of hydrocracking comprising providing hydrocarbon feed having boiling point of above 340C and ending at below about 565C or below about 482C, and wherein hydrogen is fed at a rate of about 168 to about 1884 ltr/ltr of the feed, and the process takes place at 232C up to 454C at pressures of 5171 kpa (5.171 MPa) to 24132 kpa (24.132 MPa), and having a feed rate of 0.3 to 3 hr-1 [0046, 0047].
In regards to claim 11, Wang teaches the catalyst having the claimed limitation as previously stated.
In regards to claims 12 – 14, Wang teaches the catalyst which can comprise Group VIII metals such as cobalt and nickel in the form of oxides and in the amounts overlapping the claimed range as previously discussed [0041, claim 15].
In regards to claims 15, 16, 18 – 21, Wang teaches the catalyst having the claimed limitation as previously discussed.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Applicant argues that Wang fails to teach the ratio of Y zeolite to Beta Zeolite. The argument is not persuasive.
As discussed in the rejections above, the claimed ratio is taught.
Applicant argues that when the initial lattice parameter is between 24.52A and 24.70A, the activity of the catalyst is better than when it is 24.42A as in Wang. The argument is not persuasive.
The sole inventive example is not commensurate in scope with the claims.
While the claims recite a range of from 24.52A to 24.70A, the sole inventive example is strictly 24.54 which does not support the breadth of the claimed range.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/TAIWO OLADAPO/Primary Examiner, Art Unit 1771
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