DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of claims 1-4 in the reply filed on May 18, 2026 is acknowledged.
Claims 5-6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on May 18, 2026.
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.
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.
Claims 1 and 4 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Hoyer (US 3,948,213).
In regards to claim 1, Hoyer teaches an apparatus for coating a catalyst element (11, honeycomb substrate of an exhaust gas-purifying catalyst device) with a slurry containing a catalytic metal (fig. 1; col. 1, lines 10-25, col. 1, line 65- col. 2,line 15, col. 5, line 65- col. 6, line 15), the apparatus comprising:
the apparatus comprises a housing section (1, metal outer cylinder) which is capable of being a metal housing section (fig. 1; col. 5, lines 50-60, col. 7, lines 25-45),
where the axial length of the housing section (1) is longer than the axial length of the catalyst element, the housing section (1) supports the catalyst element vertically (fig. 1);
a flexible seal ring (26, hollow cylindrical partition member having flexibility) (fig. 1; col. 6, lines 45-55),
the flexible seal ring (26) has an outer peripheral surface which faces an inner peripheral surface of the housing (1), with the housing positioned vertically and the housing protrudes upward (outer cylinder extension portion) with respect to an upper end surface of the catalyst element (fig. 1);
a fluid stream is provided through an inlet passageway (18) and delivers the fluid to an upper end of the catalyst element (fig. 1; col. 6, lines 30-45);
a lower end of the flexible seal ring is positioned in the vicinity of an upper end surface of the catalyst element (fig. 1) and the flexible seal ring provides the function of preventing the fluid from contacting the housing (1), at least around the upper area (fig. 1; col. 6, lines 45-55, claim 1).
While Hoyer does not explicitly teach the catalyst element comprises a metal, the apparatus is capable of being used to coat a metal catalyst element.
Alternatively, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide a catalyst element which comprises a metal, because the particular type of substrate do not limit an apparatus claim (MPEP2115).
In regards to claim 4, Hoyer teaches
a lower base section (4, base) which supports a lower end of the housing (fig. 1; col. 5, lines 50-60);
a conduit (32) connects to a catalyst supply source at a nozzle-37, to supply the slurry to an upper end of the catalyst element (fig. 1; col. 7, lines 5-25);
a vacuum (suction device) is provided at a nozzle-36 and used during the coating process (fig. 1; col. 7, lines 5-25).
Allowable Subject Matter
Claims 2-3 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Binu Thomas whose telephone number is (571)270-7684. The examiner can normally be reached Monday to Thursday, 8:00AM-5:00PM PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dah-Wei Yuan can be reached at 571-272-1295. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Binu Thomas/Primary Examiner, Art Unit 1717
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