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/Restrictions
The examiner recognizes the election of group II claims 12-19 without traverse on 5/14/2026. The search burden applies as stated due to the requirement that N,N-diethyl-5,8-dimethyl-2-azonium bicyclo (3,2,2) nonane cation is present only for the required group 2 independent claim 12. Other search burden reason also exists for the different restricted groups. Claim 1 only requires an X-ray diffraction pattern that has boron, and has no need of water, fluoride ions, Ge or an ITQ-21 type catalyst.
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.
The following phrases lack antecedent basis. The problem stems from not defining the Q and F values in independent claim 12.
Claims 15 and 16 lack antecedent basis for lack of definition of the Q and F values in the independent claim.
Regarding claim 19 The phrase “a molar ratio of Q/F” lack antecedent basis in claim 19.
Allowable Subject Matter
Claims 12-14 and 17-18.
Below is an analysis of the closest prior at what is taught and not taught.
Coma Canos (US 6849248 B2) teaches a zeolite ITQ-21 catalyst. The catalyst uses a source of boron and fluoride ions and water and Ge. It does not teach a structure agent that is N,N-diethyl-5,8-dimethyl-2-azonium bicyclo (3,2,2) nonane cation. It does teach the use of a different agent which may be a structure agent. No reason to combine as there is no suggestion of a required structure agent and one is already potentially listed.
Zones et al teaches a zeolite SSZ=28 catalyst which uses a N,N-diethyl-5,8-dimethyl-2-azonium bicyclo (3,2,2) nonane cation structure agent. This is a different type of catalyst, not the ITQ type.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK C CAMPANELL whose telephone number is (571)270-3165. The examiner can normally be reached Monday-Friday 9:00-5:00.
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, Prem Singh can be reached at 571-272-6381. 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.
/FRANCIS C CAMPANELL/Examiner, Art Unit 1771
/PREM C SINGH/Supervisory Patent Examiner, Art Unit 1771
Prosecution Insights