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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/14/22 has been considered by the examiner.
Specification
A substitute specification in proper idiomatic English and in compliance with 37 CFR 1.52(a) and (b) is required. The substitute specification filed must be accompanied by a statement that it contains no new matter.
Claim Objections
Claims 11-24 are objected to because of the following informalities: multiple claims contain improper capitalization. For example, see “The” and “After” in lines 3-6 of claim 11. All claims should be carefully reviewed to remove improper capitalization. Appropriate correction is required.
Claims Analysis
Claim 24 recites “for proton exchange membrane fuel cells”, which is an intended use limitation that is not afforded patentable weight.
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.
Claims 11-24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites “wherein comprises the following steps”, which is indefinite. Examiner suggests “wherein the method comprises the following steps”.
Claim 11 recites the limitations "The cobalt salt solution", “the 2-methylimidazole organic ligand”, “the carbon precursor”, “the organic salt powder”, “the mixture” and “the product”. There is insufficient antecedent basis for these limitations in the claim.
Claim 11 recites “After filtration, the carbon precursor is obtained”, which is indefinite because the claim does not positively recite what elements are subject to a filtration step. Furthermore, “the carbon precursor” is indefinite as it is unclear what encompasses the carbon precursor and/or how the carbon precursor is obtained.
Claim 11 recites “after that”, which is indefinite. It is unclear what claimed step “that” is referencing.
The term “elevated temperature” in claim 11 is a relative term which renders the claim indefinite. The term “elevated” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear what encompasses an “elevated” temperature.
Claim 11 recites the limitation "the 3D structured carbon matrix product" in the last line. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the mass ratio" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the mass ratio" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "organic salt powder" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "carbon precursor powder" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the reaction time" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the metal salt solution" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "2-methylimidazole" in line 2. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests “2-methylimidazole organic ligand”.
Claim 14 recites the limitation "the reaction temperature" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the high temperature calcination" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. Furthermore, the term “high” is a relative term which renders the claim indefinite. The term “high” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 14 recites the limitation "a reaction time" in line 3. There is insufficient antecedent basis for this limitation in the claim. In addition, it is unclear which reaction “a reaction time” is referencing.
Claim 15 recites the limitation "the metal salt solution" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Each of claims 16-22 recites the limitation "the mole ratio" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the mole ratio of “Zn and Co”, which is indefinite. Examiner suggests the mole ratio of “Zn to Co”.
Each of claim 17-22 recites the limitation "the metal salt solution" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Each of claim 17-22 recites the limitation "2-methylimidazole organic ligand solution" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 24 recites the limitation "the preparation of electrode materials" in line 2. There is insufficient antecedent basis for this limitation in the claim.
To the extent the claims are understood in view of the numerous 35 USC 112 rejections above, note the following prior art 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.
Claim(s) 11, 13-14 and 17-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhao et al., CN 111659401 A.
Zhao teaches a preparation method of a three-dimensional porous (inherent pore-forming agent) carbon nanotube and graphene composite membrane. The preparation method comprising the following steps: 1) preparing an MOFs (metal organic framework) precursor: weighing a certain amount of organic ligand and metal salt, dissolving in a solvent, sufficiently stirring, and synthesizing the MOFs precursor by using a hydrothermal method or a solvothermal method; 2) dissolving a certain amount of the MOFs precursor and graphene oxide in water, fully stirring, and then performing suction filtration by using a vacuum suction filtration device to obtain an MOFs/graphene oxide composite membrane; and 3) placing the MOFs/graphene oxide composite membrane in a corundum porcelain boat, then placing the corundum porcelain boat in a tubular furnace, heating to 450-1100°C in a certain inert atmosphere, and calcining for 0.5-12 hours to obtain the three-dimensional porous carbon nanotube/graphene composite membrane. The preparation method is simple, efficient, low in cost and easy for industrial production. Zhao further provides the three-dimensional porous carbon nanotube and graphene composite membrane. As much as nitrogen can be introduced to modify the composite membrane, and the three-dimensional porous carbon nanotube and graphene composite membrane has large specific surface area and pore volume (abstract). The organic ligand may be 2-methylimidazole and the metal of the metal salt may be cobalt (page 3 of translation). A middle metal salt (inorganic salt powder) may be metal salts of chloride hydrate (page 3 of translation).
A molar ratio of the organic ligand and the metal salt in the step 1) is (1:10) to (10:1) (page 3 of the translation). The method for preparing a three-dimensional porous carbon nanotube graphene composite film as described above, preferably, the reaction conditions of the solvothermal method used in the preparation of the MOFs precursor in the step 1) are: the organic ligand and the metal salt. The mixed solution dissolved in the solvent is transferred to a reaction kettle lined with polytetrafluoroethylene and heated to 100-150°C for 6-72 hours. The product is centrifuged and cleaned to obtain the MOFs precursor (page 3 of the translation).
The method for preparing a three-dimensional porous carbon nanotube graphene composite membrane as described above, preferably, the inert atmosphere in step 3) is any one of argon, nitrogen or helium; the inert atmosphere is The heating rate is 1-20°C/min, from room temperature to 450-1100°C; the gas flow rate of the inert atmosphere is 1-500 mL/min (page 3 of the translation).
Thus, the claims are anticipated.
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(s) 11-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al., CN 111659401A in view of Wang et al., CN108767276A.
Zhao teaches a preparation method of a three-dimensional porous (inherent pore-forming agent) carbon nanotube and graphene composite membrane. The preparation method comprising the following steps: 1) preparing an MOFs (metal organic framework) precursor: weighing a certain amount of organic ligand and metal salt, dissolving in a solvent, sufficiently stirring, and synthesizing the MOFs precursor by using a hydrothermal method or a solvothermal method; 2) dissolving a certain amount of the MOFs precursor and graphene oxide in water, fully stirring, and then performing suction filtration by using a vacuum suction filtration device to obtain an MOFs/graphene oxide composite membrane; and 3) placing the MOFs/graphene oxide composite membrane in a corundum porcelain boat, then placing the corundum porcelain boat in a tubular furnace, heating to 450-1100°C in a certain inert atmosphere, and calcining for 0.5-12 hours to obtain the three-dimensional porous carbon nanotube/graphene composite membrane. The preparation method is simple, efficient, low in cost and easy for industrial production. Zhao further provides the three-dimensional porous carbon nanotube and graphene composite membrane. As much as nitrogen can be introduced to modify the composite membrane, and the three-dimensional porous carbon nanotube and graphene composite membrane has large specific surface area and pore volume (abstract). The organic ligand may be 2-methylimidazole and the metal of the metal salt may be cobalt (page 3 of translation). A middle metal salt (inorganic salt powder) may be metal salts of chloride hydrate (page 3 of translation).
A molar ratio of the organic ligand and the metal salt in the step 1) is (1:10) to (10:1) (page 3 of the translation). The method for preparing a three-dimensional porous carbon nanotube graphene composite film as described above, preferably, the reaction conditions of the solvothermal method used in the preparation of the MOFs precursor in the step 1) are: the organic ligand and the metal salt. The mixed solution dissolved in the solvent is transferred to a reaction kettle lined with polytetrafluoroethylene and heated to 100-150°C for 6-72 hours. The product is centrifuged and cleaned to obtain the MOFs precursor (page 3 of the translation). The method for preparing a three-dimensional porous carbon nanotube graphene composite membrane as described above, preferably, the inert atmosphere in step 3) is any one of argon, nitrogen or helium; the inert atmosphere is The heating rate is 1-20°C/min, from room temperature to 450-1100°C; the gas flow rate of the inert atmosphere is 1-500 mL/min (page 3).
Zhao does not explicitly state the method of forming the three-dimensional porous (inherent pore-forming agent) carbon nanotube and graphene composite membrane includes addition of a zinc chloride pore forming agent. However, one of skill would have found it obvious to include a pore forming agent in the method of Zhao as the three-dimensional porous carbon nanotube and graphene composite membrane is produced as a porous structure.
Wang teaches a preparation method of a nitrogen-doped porous carbon@cobalt-based catalyst nanocage composite material. The method comprises the steps of firstly weighing 2-methylimidazole and a cobalt metal salt and dissolving into a solvent separately to obtain a 2-methylimidazole solution and a cobalt metal salt solution; dropwise adding the 2-methylimidazole solution into the cobalt metal salt solution, or dropwise adding the 2-methylimidazole solution and the cobalt metal salt solution into an ethanol solvent at the same rate, standing and incubating, centrifugally separating the obtained product, repeatedly washing the product by using ethanol and then drying to obtain a bulk MOF; putting the bulk MOF into a mixed solution of the cobalt metal salt and a zinc metal salt, reacting at 60-150°C for 1-12h, centrifugally separating the obtained product, repeatedly washing the product by using ethanol and then drying to obtain a hollow MOF; carbonizing the prepared hollow MOF in an inert atmosphere; and finally activating powder obtained after carbonization in an air atmosphere to obtain the nitrogen-doped porous carbon@cobalt-based catalyst nanocage composite material (abstract). One of skill would have found it obvious to use the zinc metal salt pore forming agent of Wang to form the porous structure of Zhao.
Wang teaches the mixed solution of the metal cobalt salt and the metal zinc salt in the step (3) is obtained by dissolving a metal cobalt salt and a metal zinc salt in a solvent, wherein the mass ratio of the metal cobalt salt to the metal zinc salt is (10-90): 90-10). The metal zinc salt is a zinc nitrate salt, a zinc chloride salt or a zinc sulfate salt (page 2 of the translation). Wang teaches the carbonization temperature in the step (4) is 600 to 1000 ° C, and the carbonization time is 1-6 hours. Carbonization is under an inert atmosphere (page 2 of the translation).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Xia (CN112652778A) teaches a graphene-loaded nitrogen-doped carbon nanotube composite material, and a preparation method and application thereof. The preparation method comprises the following steps: firstly, growing a metal organic framework material on a graphene oxide sheet layer, and promoting organic ligand protonation by utilizing a nucleation promoter so as to accelerate nucleation and dispersion of a metal organic framework on graphene oxide, thereby obtaining a precursor of the graphene oxide uniformly loaded with the metal organic framework; and carrying out high-temperature annealing to obtain the graphene-loaded nitrogen-doped carbon nanotube material (abstract).
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/TRACY M DOVE/Primary Examiner, Art Unit 1725
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