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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.1 7(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/05/2025 has been entered.
Status of Claims
Claims 15, 16, 20 and 26 have been amended. Claims 1-14 and 22-25 have been cancelled. No new claim has been added. Claims 15-21 and 26-28 are pending. Claims 15-21 and 26-28 are examined herein.
Response to Arguments
Applicant's Remarks/Arguments and Amendments to the Claims both filed 11/05/2025 have been fully considered. It is noted that claim 15, an independent claim from which all dependent claims depend, has been amended to recite “providing granules of metal oxide, the metal oxide carrying graphene nanomaterials that are embedded within the metal oxide, the graphene nanomaterials comprising surface active materials that are suitable for adsorbing contaminants in a liquid;”, “deploying the granules in the liquid such that the graphene nanomaterials contact the contaminants in the liquid, the contaminants comprising heavy metals, metalloids, organic contaminants, or combinations thereof; and causing the graphene nanomaterials to adsorb at least a portion of the contaminants;”.
Applicant argues that the claim 15 as amended and its dependent claims are not anticipated nor prima facie obvious over cited prior art Seleh et al. (US 2017/0354948 A1), since the Seleh et al. reference does not teach the amended features of in the context of a method of treating a liquid: “providing granules of metal oxide, the metal oxide carrying graphene nanomaterials that are embedded within the metal oxide, the graphene nanomaterials comprising surface active materials that are suitable for adsorbing contaminants in a liquid;”, “deploying the granules in the liquid such that the graphene nanomaterials contact the contaminants in the liquid, the contaminants comprising heavy metals, metalloids, organic contaminants, or combinations thereof; and causing the graphene nanomaterials to adsorb at least a portion of the contaminants;”. See Remarks, page 4-5.
In response, the applicants’ arguments direct a newly amended claim limitation which is a new issue. Therefore, the arguments are considered moot. Applicant's amendment necessitated a modified/new ground(s) of rejection presented in this Office action.
Upon further consideration and search, a modified ground of rejections to claims 15-21 and 26-28 are presented in the instant Office action.
MODIFIED REJECTIONS
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 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seleh et al. (US 2017/0354948 A1, hereinafter “Seleh”).
In regard to claim 15, Seleh discloses a metal adsorbent that includes silver-decorated graphene nano-platelets and a polymer matrix that comprises polyamide which effective removes heavy metals and cations from a liquid (Abstract; paragraph [0003]).
Seleh discloses a metal adsorbent, including (i) a polymer matrix comprising a polyamide, (ii) silver-decorated graphene nano platelets that are dispersed in the polymer matrix, wherein the polyamide comprises reacted units of an aromatic amine and an acyl halide (paragraphs [0009]-[0020]), wherein the metal adsorbent is in a granular form (paragraph [0070]).
Seleh discloses a method of treating a liquid contaminated with heavy metals (Hg, Cr, Ni, Pb, Cd) (Fig. 7; paragraphs [0117]-[0119]), comprising the steps of:
(I) Providing granules of metal oxide (note that the metal adsorbent is, preferably, in a granular form (paragraph [0070])), the metal oxide carrying graphene nanomaterials (silver-decorated graphene nano platelets that are dispersed in the polymer matrix) that are embedded (i.e., attached or fixed) within the metal oxide (paragraphs [0082]; [0108]-[0114]). Seleh discloses: In addition to the silver nanoparticles, one or more metals and/or metal oxides may also be deposited on the graphene nano platelets (104, Fig. 1A). Accordingly, said metal is at least one element selected from the group consisting of Fe, Pd, Pt, Au, Ru, Ir, Rd, Ti, Co, Ni, Cu, Zn, Cr, V, Al, Sn, In, Ce, Mo, Ag, Se, Te, Y, Eu, Nb, Sm, Nd, Ga, and Gd (paragraph [0082]). This meets the recitation “the metal oxide (e.g. silver oxide) carrying graphene nanomaterials that are embedded (i.e., attached or fixed) within the metal oxide”.
(II) Deploying the granules in the liquid such that the graphene nanomaterials contact the contaminants in the liquid, the contaminants are heavy metals (Hg, Cr, Ni, Pb, Cd) (paragraph [0117]).
(III) Causing the graphene nanomaterials to adsorb at least a portion of the contaminants (paragraph [0118]).
(IV) Retrieving the granules from the liquid (the samples were further collected and analyzed using ICP, paragraph [0117]).
It is noted that silver element in the silver-decorated graphene nano platelets that are embedded (i.e., attached or fixed) within the metal oxide is functioning as “surface active materials” that interact with the contaminants in a liquid. This meets the limitation “the graphene nanomaterials comprise surface active materials that are suitable for adsorbing contaminants in a liquid” as recited.
In regard to claim 16, Seleh discloses a carrier material (polymer matrix, wherein the polyamide comprises reacted units of an aromatic amine and an acyl halide) that carries the surface active materials (paragraphs [0009]-[0020]). Seleh discloses that: In addition to the silver nanoparticles, one or more metals and/or metal oxides may also be deposited on the graphene nano-platelets (paragraph [0082]). The teachings of Seleh meets the limitation recited in claim 16.
In regard to claim 17, Seleh discloses a metal adsorbent that includes silver-decorated graphene nano-platelets (paragraph [0009]).
In regard to claim 18, Seleh discloses the graphene sheets are functionalized with group comprising carboxylate (paragraph [0075]).
Seleh discloses every limitation recited in claims 15-18.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 19-21 and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Seleh et al. (US 2017/0354948 A1).
In regard to claim 19, Seleh discloses a method of treating a liquid contaminated with heavy metals (Hg, Cr, Ni, Pb, Cd) by using the carbon nanomaterial adsorbents comprising surface active materials that are suitable for adsorbing contaminants in a liquid (Fig. 7; paragraphs [0117]-[0119]). Since the carbon nanomaterial adsorbents adsorb the heavy metals through interactions, the recitation of “the surface active material acts as a catalyst for at least some of the adsorbed contaminants” is anticipated.
In regard to claim 20, Seleh discloses the silver-decorated graphene nano - platelets are present in the metal adsorbent in an amount from about 1.0 wt % to about 20 wt % (paragraph [0078]), and further discloses that in addition to the silver nanoparticles, one or more metals and/or metal oxides may also be deposited on the graphene nano-platelets. Accordingly, said metal is at least one element selected from the group consisting of Fe, Pd, Pt, Au…..etc. (paragraph [0082]). In the embodiments where a metal (i.e. in free form) coexist with its metal oxide, a weight ratio of the metal oxide to that of the metal is in the range of from about 1:1 to about 1:5 (paragraph [0082]). Since the weight ratio of metal oxide 1.0-20 wt% taught by Seleh overlaps the recited weight ratio range of 10-95 wt%, the range recited in claim 20 is considered prima facie obvious. See MPEP 2144.05.
In regard to claim 21, Seleh discloses the granules are generated in-situ by reacting metal precursors to generate metal oxide in the presence of the graphene nanomaterials (claim 16; [0109]-[0110]).
In regard to claim 26, Seleh discloses blending the surface active material with the
carrier material (page 10, claim 16).
In regard to claims 27 and 28, Seleh discloses a method of treating a liquid contaminated with heavy metals (Hg, Cr, Ni, Pb, Cd) (Fig. 7; paragraphs [0117]-[0119]), comprising the steps of providing carbon nanomaterial adsorbents; deploying the granules in the liquid such that the granules contact the carbon nanomaterial adsorbents with liquid contaminated by heavy metals (paragraph [0117]). Therefore, in light of teachings from Seleh, the recitations of “deploying the granules comprises placing the granules in a water permeable container” and “flowing water through the water permeable container” are considered prima facie obvious.
Conclusion
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/YOUNGSUL JEONG/Primary Examiner, Art Unit 1772