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 .
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 15-34 and 37-39 are rejected under 35 U.S.C. 103 as obvious over Forrest (WO2012/056211) in view of Lee (US2010/0167919).
Forrest teaches an egg-shell catalyst body (page 2 lines 9-14) comprising Ni being deposited onto a shaped support which comprises metal aluminate such as magnesium aluminate or calcium aluminate via impregnation method (page 1 lines 35-37, page 2 lines 16-19, page 3 lines 8-9, 18-20, page 4 lines 30-34, page 5 lines 3-8), then drying and calcining the catalytic metal impregnated carrier under temperature of 250-850 °C (page 5 lines 10-15). Forrest specifically teaches the impregnation method including immersing the calcined catalyst support in a nickel acetate solution or by so-called incipient wetness impregnation (page 5 lines 3-8). Forrest teaches eggshell catalyst representing that the catalytically active metal or metals are concentrated at the surface and therefore form a thin layer having a thickness most preferably ≤300 µm (page 2 lines 9-14), with such catalytically active metal or metals being absent beneath this layer (page 2 lines 9-13). Forrest further teaches the catalyst support body can have pore volume of 0.1 to 0.3 cm3/g (i.e. 100-300ml/kg) and surface area of 0.5 to 40 m2/g (page 4 lines 21-23).
Regarding claim 15, Forrest does not expressly teach impregnate the carrier comprising an alkaline earth metal oxide or alkaline earth metal hydroxide layer on the carrier.
Forrest also teaches the support comprises calcined mixture of alumina, calcium aluminate and optionally lime (page 3 lines 8-9). Forrest further teaches calcium aluminate can add lime (CaO) for forming desired shape for the support (page 3 lines 5-6, 8-9, 18-20) and catalyst support can be alkalized by impregnation with a solution of an alkali (such as potassium hydroxide) before being impregnated with catalytically active metal solution (page 4 lines 25-28, 30-34). Forrest also discloses up to about 5% wt of alkali oxide on the calcined support may be used (page 4 lines 27-28). Forrest further teaches the shaped catalyst support can be calcined at temperature between 400 and 1400 ºC in air for desired strength, porosity and surface area (page 4 lines 10-19).
Lee teaches a hydrocarbon reforming catalyst comprising an alkali metal or an alkaline earth metal such as magnesium, calcium being deposited onto the carrier including at least one of oxide, e.g. Al2O3 (para. [0046], [0049]). Lee also teaches the alkaline earth metal can be loaded onto the oxide carrier via wet impregnation, then dried and heat treated/calcined under air atmosphere (para. [0060]-[0064]), wherein such process is same or substantially as that of instant application forming the alkaline earth metal oxide or hydroxide layer onto the carrier (see the published application US2025/0128244 para.[0036]-[0039], example I-II, VI and X), therefore, same or substantially the same alkaline earth metal oxide or hydroxide (e.g. magnesium or calcium oxide or hydroxide) layer being formed onto such carrier is expected.
It would have been obvious for one of ordinary skill in the art to adopt such alkaline earth metal oxide layer as shown by Lee to modify the carrier of Forrest because by doing so can help provide a catalyst with high coking resistance and sustainable performance stability as suggested by Lee (para. [0045], [0060]-[0064]).
Regarding claim 16, Forrest also teaches the catalytic metal being Ni and such eggshell layer comprising NiO (page 5 lines 10-14, page 6 lines 10-12). As for the claimed “impregnated with”, such limitation appears to be product by process limitations, Forrest in view of Lee already teaches a catalyst body comprising a carrier comprising an alkaline earth metal oxide or hydroxide and catalytic metal oxide.
Regarding claim 17, as for the claimed “catalytic metal Me being deposited from a precursor solution comprising Me-nitrate, Me-citrate, Me-ethylenediaminetetracetic acid (EDTA), Me-ethylenediamine (EDA)”, it is noted that such limitation is a product by process limitation, even though product-by-process limitations are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In this case, Forrest in view of Lee already teaches a same or substantially the same catalyst body comprising a same or substantially the same shell with same or substantially the same catalytic metal. Furthermore, Forrest also teaches metal solution for impregnation being nickel acetate (page 4 line 35-page 5 line 1, page 5 lines 12-13, example 1), and after nickel being impregnated, it will be dried and calcined wherein calcining temperature of 250-850 ºC is used to convert impregnated nickel acetate to nickel oxide (page 5 lines 10-14). Lee also teaches the nickel salt can be nickel acetate, nickel nitrate or mixture thereof (para. [0059]). Therefore, adopting nickel nitrate to impregnate nickel onto the carrier for obtaining a desired hydrocarbon reforming catalyst only involves conventional skill for one of ordinary skill in the art.
Regarding claim 18-21 and 23-24, such limitations are met as discussed above.
Regarding claim 22, Forrest in view of Lee does not expressly teach the catalyst body having a hammock profile. However, Forrest in view of Lee already teaches a same or substantially the same catalyst body having a same or substantially the same core section and a shell section, wherein such catalyst body is obtained via a same or substantially the same impregnation, drying and calcining steps as that of instant application (see the published application US2025/0128244 para.[0036]-[0039], examples), therefore, a same or substantially the same catalyst body having a same or substantially the same hammock profile as that of instantly claimed is expected.
Regarding claim 25, Lee already teaches using alkaline earth metal and Ba is one of the choices for alkaline earth metal. It would have been obvious for one of ordinary skill in the art “obvious to try” Ba as alkaline earth metal because choosing Ba from a finite number of identified, predictable solutions of alkaline earth metal would have a reasonable expectation of success (see MPEP 2143 §KSR).
Regarding claim 26-29, such limitations are met as discussed above.
Regarding claim 30, Forrest already teaches the catalyst carrier can be impregnated with up to 5% alkali oxide for minimizing lay down of carbon on the catalyst during steam reforming (page 4 lines 25-28). Since Lee teaches alkali metal and alkaline earth metal are equivalents (para. [0049]), it would have been obvious for one of ordinary skill in the art to adopt up to 5% of alkaline earth oxide as shown by Lee to substitute the alkali oxide because substituting equivalent for same purpose is prima facie case of obviousness (see MPEP 2144. 06 I).
Regarding claim 31, Forrest further teaches the catalytic metal concentrated at the surface (i.e. an outer layer) of the support and the catalytic metal (Ni) content being preferably 4 to 15 wt.% (page 5 lines 26-30).
Regarding claim 32-34 and 37, such limitations are met as discussed above.
Regarding claim 38, as for the claimed “the catalytic oxide of the shell section is obtained by impregnation of catalytic metal Me into the modified carrier after formation of the alkaline earth metal oxide or hydroxide layer”, it is noted that such limitation is a product by process limitation, even though product-by-process limitations are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In this case, Forrest in view of Lee already teaches a same or substantially the same catalyst body comprising a same or substantially the same catalytic metal oxide shell layer being deposited onto a modified carrier as that of instantly claimed. Furthermore, it is well-known in the art that selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results (see §MPEP 2144.04 IV).
Regarding claim 39, as for the claimed “ the modified carrier is obtained by decomposing the first metal precursor prior to impregnation of metal Me, thereby forming the alkaline earth metal oxide or hydroxide layer on the carrier”, Lee also teaches the alkaline earth metal can be loaded onto the oxide carrier via wet impregnation, then dried and heat treated/calcined under air atmosphere (para. [0060]-[0064]), wherein such process is same or substantially as that of instant application forming the alkaline earth metal oxide or hydroxide layer onto the carrier (see the published application US2025/0128244 para.[0036]-[0039], example I-II, VI and X), therefore, same or substantially the same alkaline earth metal oxide or hydroxide (e.g. magnesium or calcium oxide or hydroxide) layer being formed onto such carrier is expected. As for the claimed “prior to impregnation of metal Me”, see similar remarks about selection of prior art process step in claim 38.
Claims 35 and 36 are rejected under 35 U.S.C. 103 as obvious over Forrest (WO2012/056211) in view of Lee (US2010/0167919) as applied above, and further in view of Feaviour (WO2012/110781A1).
Regarding claim 35-36, Forrest in view of Lee does not expressly teach the catalyst body having a radius of 5-100 mm or having one or more through going holes.
Feaviour teaches a reforming catalyst body including active metal such as nickel being deposited onto a metal oxide shaped support which can be alumina, magnesia, calcium aluminate, magnesium aluminate and mixtures thereof (abstract, page 2 lines 15-17, page 4 lines 22-38). Feaviour further discloses the shape support having a smallest unit dimension (e.g. diameter) in the range of 1 to 50 mm, preferably, 1.2 to 25 mm (i.e. 0.6-12.5mm radius) (page 4 lines 14-16) wherein the shaped support having form of spheres, cylinders, rings (indentation) or multi-holed units (2-10 through holes) (page 3 lines 31-34).
It would have been obvious for one of ordinary skill in the art to adopt a support body having such radius and through holes as shown by Feaviour to modify the catalyst body of Forrest in view of Lee because adopting such well-known technique of such support radius and indentation or through holes to modify a well-known catalyst body for improvement would have predictable results (see MPEP 2143 §KSR).
Response to Arguments
Applicant's arguments filed on 06/19/2026 have been fully considered but they are not persuasive. In response to applicant’s arguments about Lee disclosing depositing magnesium or calcium containing species onto a support not establishing formation of the claimed alkaline earth metal oxide or hydroxide layer on the carrier, Lee also teaches the alkaline earth metal can be loaded onto the oxide carrier via wet impregnation, then dried and heat treated/calcined under air atmosphere (para. [0060]-[0064]), wherein such process is same or substantially as that of instant application forming the alkaline earth metal oxide or hydroxide layer onto the carrier (see the published application US2025/0128244 para.[0036]-[0039], example I-II, VI and X), therefore, same or substantially the same alkaline earth metal oxide or hydroxide (e.g. magnesium or calcium oxide or hydroxide) layer being formed onto such carrier is expected. Since the office has reasonably established that Lee disclosed carrier appears to be same or substantially the same as that of instantly claimed modified carrier, burden has shifted to applicant to come forward with evidence establishing an nonobvious difference between the claimed product and the prior art product.
In response to applicant’s arguments about Lee disclosed process leading to a variety of structure or dispersed surface species, mixed oxide etc., such arguments appear to be pure allegations which lack of factual support. In response to applicant’s arguments about a Forrest only suggesting a support comprising CaO, but not showing such CaO being in the surface of the support, it is noted that such limitation as remedied by Lee reference wherein support being impregnated substantially with a alkaline earth metal species, then heating and going through calcining under air atmosphere wherein such process is same or substantially as that of instant application forming the alkaline earth metal oxide or hydroxide layer onto the carrier (see the published application US2025/0128244 para.[0036]-[0039], example I-II, VI and X), therefore, a same or substantially the same a layer of alkaline earth metal oxide on the support as that of instantly claimed is expected.
In response to applicants’ arguments about claim 17 recited precursor affecting metal complexation, etc., such arguments are not persuasive and does not explain how such precursor going to lead to a patentable distinct catalyst body as compared to the catalyst body as taught by the applied reference.
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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/JUN LI/ Primary Examiner, Art Unit 1732
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