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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 6 is directed to the composition of a reformed gas and claim 1, from which claim 6 depends, is directed to a catalyst composition. Therefore, claim 6 does not further limit the claimed catalyst composition. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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)(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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0188887 to Kobayashi et al. (hereinafter “Kobayashi”).
NOTE: Claim 1 recites “A catalyst for purifying carbon monoxide contained in a reformed gas, comprising …” The intended use of the claim in the preamble is not given a patentable weight and instead the claim is examined strictly as a catalyst composition.
With respect to claims 1 and 2, Kobayashi discloses a three-way catalyst (TWC) comprising:
a substrate comprising alumina-silica-magnesia ([0051]);
alumina doped with a transition metal on the substrate ([[006], [[0021]); and
a platinum group metal component such as Ru ([0007], [0041], [0066]).
Kobayashi further discloses the catalyst composition is supported/deposited directly on the substrate ([0055]).
With respect to claims 3 and 4, Kobayashi discloses transition metal includes Ti, Ni, or a combination thereof ([0021]) in an amount in the range of 0.1 to 10 wt% ([0023]).
With respect to claim 5, Kobayashi discloses Ru in an amount up to 20wt% ([0042]).
Claim Rejections - 35 USC § 103
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 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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0188887 to Kobayashi et al. (hereinafter “Kobayashi”).
The teachings of Kobayashi are as discussed above.
With respect to claim 7, Kobayashi does not disclose wherein the catalyst purifies carbon monoxide contained in the reformed gas at 80 to 180oC.
It is considered that because Kobayashi discloses a catalyst composition that structurally reads upon that instantly claimed, the skilled artisan would reasonably expect the catalyst to suitably and effectively function as a catalyst for purifying carbon monoxide contained in reformed gas at 80 to 180oC, absent the showing of convincing evidence to the contrary.
Conclusion
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/IN SUK C BULLOCK/Supervisory Patent Examiner, Art Unit 1772
