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 § 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.
Claims 1-8, 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshihiro et al. (WO 2018/061827A1) (reference made to machine translation).
Regarding claim 1, Yoshihiro et al. teaches a zeolite with a novel skeleton (paragraph [0002]). The powder X-ray diffraction peaks of the compound are as follows (paragraph [0008]-[0009]).
Lattice spacing (Å)
Intensity
15.73 ± 0.20
15 ± 4
12.57 ± 0.10
35 ± 5
9.84 ± 0.10
20 ± 4
9.10 ± 0.10
30 ± 5
7.87 ± 0.10
24 ± 4
5.39 ± 0.10
42 ± 4
4.36 ± 0.10
30 ± 4
4.06 ± 0.10
75 ± 5
3.63 ± 0.10
79 ± 4
3.43 ± 0.10
100
3.15 ± 0.10
31 ± 4
Yoshihiro et al. teaches a zeolite with the same powder X-ray diffraction pattern as required by the instant claims, it is the position of the examiner that the framework of zeolite required by claim 1 would be the same. When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980)
Regarding claim 2, Yoshihiro et al. teaches a zeolite with the powder X-ray diffraction lattice spacings and intensity (paragraph [0010]). The method for producing the zeolite comprises: preparing a mixture of a first silica source, an alkali source, water, and a structure regulating agent (corresponding to an organic structure directing agent), and heating; and a second preparation step of adding a second silica source and an alumina source and heating (paragraph [0010]). The samples were crystallized (paragraph [0105]). The aluminum source comprises aluminum sulfate, sodium aluminate, aluminum hydroxide, aluminum chloride, aluminosilicate gel, metallic aluminum, etc. (paragraph [0046]). The zeolite reported by Yoshihiro et al. has the same synthetic method and powder X-ray diffraction pattern as required by the instant claims. It is the position of the examiner that the zeolite reported by Yoshihiro et al. would have the same volume particle size distribution as required by the instant claims. When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claim 3, Yoshihiro et al. teaches a zeolite with the powder X-ray diffraction lattice spacings and intensity (paragraph [0010]). The method for producing the zeolite comprises: preparing a mixture of a first silica source, an alkali source, water, and a structure regulating agent (corresponding to an organic structure directing agent), and heating; and a second preparation step of adding a second silica source and an alumina source and heating (paragraph [0010]). The samples were crystallized (paragraph [0105]). The aluminum source comprises aluminum sulfate, sodium aluminate, aluminum hydroxide, aluminum chloride, aluminosilicate gel, metallic aluminum, etc. (paragraph [0046]). The zeolite reported by Yoshihiro et al. has the same synthetic method and powder X-ray diffraction pattern as required by the instant claims. It is the position of the examiner that the zeolite reported by Yoshihiro et al. would have the same monomodal volume particle size distribution curve as required by the instant claims. When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claim 4, Yoshihiro et al. teaches a zeolite with the powder X-ray diffraction lattice spacings and intensity (paragraph [0010]). The method for producing the zeolite comprises: preparing a mixture of a first silica source, an alkali source, water, and a structure regulating agent (corresponding to an organic structure directing agent), and heating; and a second preparation step of adding a second silica source and an alumina source and heating (paragraph [0010]). The samples were crystallized (paragraph [0105]). The aluminum source comprises aluminum sulfate, sodium aluminate, aluminum hydroxide, aluminum chloride, aluminosilicate gel, metallic aluminum, etc. (paragraph [0046]). The zeolite reported by Yoshihiro et al. has the same synthetic method and powder X-ray diffraction pattern as required by the instant claims. It is the position of the examiner that the zeolite reported by Yoshihiro et al. would have the same volume particle size distribution curve standard deviation as required by the instant claims. When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980).
Regarding claim 5, the Si/Al ratio is 7-10 (paragraph [0007]).
Regarding claim 6, the zeolite can contain metallic cations such as sodium, potassium, and cesium, or it may contain nonmetallic cations such as ammonium ions and hydrogen ions (paragraph [0039]).
Regarding claim 7, SEM images of the crystals are included (paragraph [0105]; Figure 6A). The SEM images show the crystal size is between 0.3 and 0.7 µm (Figure 6A).
Regarding claim 8, the method for producing the zeolite comprises: preparing a mixture of a first silica source, an alkali source, water, and a structure regulating agent (corresponding to an organic structure directing agent), and heating; and a second preparation step of adding a second silica source and an alumina source and heating (paragraph [0010]). The samples were crystallized (paragraph [0105]). The aluminum source comprises aluminum sulfate, sodium aluminate, aluminum hydroxide, aluminum chloride, aluminosilicate gel, metallic aluminum, etc. (paragraph [0046]).
Regarding claim 10, the aluminum source is aluminum sulfate (paragraph [0046]).
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshihiro et al. (WO 2018/061827A1) as applied to claims 1-8, 10 above, and further in view of Burton (US 2007/0128106 A1).
Regarding claim 9, Yoshihiro et al. teaches the silica source can be amorphous silica, colloidal silica, sodium silicate, tetraethyl orthosilicate, aluminosilicate gel (paragraph [0046]). Yoshihiro et al. does not teach amorphous silicic acid or amorphous aluminosilicate.
However, Burton teaches boron containing zeolites with the MTT framework (abstract). Burton teaches the synthesis as preparing a reaction mixture comprising: source(s) of silicon oxide, source(s) of boron oxide, optionally source(s) of an alkali metal oxide, alkaline earth metal oxide or mixtures thereof, structure directing agent, and water (paragraph [0016]). The reaction mixture is prepared using standard molecular sieve preparation techniques (paragraph [0020]). Typical sources of silicon oxide include fumed silica, silicates, silica hydrogel, silicic acid, colloidal silica, tetra-alkyl orthosilicates, and silica hydroxides (paragraph [0020]).
Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Yoshihiro et al. with Burton and to utilize the range of silica sources in the synthesis as taught by Yoshihiro et al., for the purpose as suggested by Burton of using standard molecular sieve preparation techniques.
Conclusion
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/H.E.K./Examiner, Art Unit 1742 /CHRISTINA A JOHNSON/Supervisory Patent Examiner, Art Unit 1742
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