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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/1/2025 has been entered.
This office action addresses pending claims 1, 12, 16, 19, 21, 30, 32, 38, 40, 44 and 58. Claims 21 and 32 were previously withdrawn, and were rejoined in the last office action. Claims 1 and 19 were amended, and claims 11, 18, 22, and 27 were cancelled in the response filed 12/1/2025.
Claim Interpretation
It is noted that while this amendment has been entered, it does not comply with MPEP 714 or 37 CRF 1.121(c)(2) because claims 21 and 32 have the claim wrong claim identifier ("Withdrawn” instead of “Previously Presented”), because said claims were rejoined in the last office action.
Claim Rejections - 35 USC § 103
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(s) 1, 12, 16, 19, 21, 30, 32, 38, 40, 44 and 58 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ci et al. (2010), Atomic layers of hybridized boron nitride and graphene domains. Nature Materials, 9, 430–435 (2010), in view of Li et al. (2015), Band gap modulation of Janus graphene nanosheets by interlayer hydrogen bonding and the external electric field: a computational study. Journal of Materials Chemistry C, 2015, 3, 3416-3421, and Lozada et al. (US 2017/0263966).
Regarding claim 1, Ci discloses two-dimensional materials of h-BNC which includes hybridized, randomly distributed domains of h-BN [hexagonal boron nitride] and C phases [graphene], with compositions ranging from pure BN to pure graphene (abstract). The films consist of two or three layers [bilayer] (p. 431 left column first paragraph, Fig 1c).
Therefore, Ci discloses a two-dimensional material comprising hexagonal boron nitride, is a bilayer, has a top surface and a bottom surface, and is doped via the C phases/graphene [doped with a substitutional dopant comprising C] in amount greater than 0 atomic % to less than 100 at% (abstract, p. 431 left column first paragraph, Fig 1c).
However, while Ci discloses layers having h-BN and C phases/graphene (abstract), Ci does not explicitly disclose wherein the top surface is functionalized with the first functional moiety and the bottom surface is functionalized with the second functional moiety, the second functional moiety being different than the first functional moiety.
Li discloses Janus graphene nanosheets having one side functionalized with hydrogen and the other side functionalized with fluoride (abstract). Li teaches that this functionalizing allows for the tuning of the electronic properties of the nanomaterials (p. 3417, left column).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the same type of functionalizing (Janus, with one side hydrogenated, and the other side fluorinated) as taught by Li with the graphene portion of the two-dimensional material of Ci for the purpose of tuning the electronic properties of the graphene of the material.
While Ci teaches that the material is used to build unique semiconducting 2D architectures which have potential applications in electronics and optics (p. 434, right column, paragraph above “Methods”), Ci does not explicitly disclose the two-dimensional material used in a proton transport membrane, and further comprising a first proton conducting polymer deposited on the top surface and/or the bottom surface of the two-dimensional material.
Lozada discloses a proton-conducting membrane comprising a graphene-based or other 2D material, including hBN (hexagonal boron nitride) (abstract). The proton-conducting membrane comprises a layer of the 2D material, an ionomer coating provided on at least one side of the 2D, and optionally a substrate ([0011]) or nonconductive structural component ([0020]) or if the ionomer is on both sides, the ionomer may be different ([0028]). The ionomer coating can be a sulfonated polymer, including NAFION [a copolymer of tetrafluoroethylene and perfluoro-3,6-dioxa-4-methyl-7-octene-sulfonic acid] ([0081]-[0082]). The substrate allows the passage of protons through the membrane, provides structural integrity to the membrane, and may be made of PTFE (a fluoropolymer) ([0030]). Lozada teaches that layers of graphene and/or hBN can be used as membranes because such materials are a perfect candidate for barrier and protection coating applications because of mechanical strength, optical transparency, low toxicity and high chemical and thermal stability, as well as are surprisingly permeable to protons ([0002]-[0003]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the NAFION ionomer coating on one side [e.g., a top surface] of the 2D material and a substrate of PTFE on the other side [e.g., a bottom surface] of the 2D material as taught by Lozada with the two-dimensional material of Ci for the purpose of using the material in a membrane, and thereby providing coatings that aid in conduction of ions and provide structural integrity to the membrane and are permeable to protons.
Regarding claims 12, 16, and 58, modified Ci discloses all of the claim limitations as set forth above. Li teaches that a first moiety is H (hydrogen) and the second moiety is F (fluorine) (abstract).
Regarding claims 19, 21, 30, and 32, modified Ci discloses all of the claim limitations as set forth above. Ci discloses compositions range from pure BN [0 at% dopant,] to pure graphene [100 at% dopant] (abstract), and at least provides tests of 55.4 at% C, 33.5 at%, and 14.5 at% of C (Supplementary Information, Table S1). Therefore, Ci discloses (claim 19) wherein the two-dimensional material is doped with the substitutional dopant in an amount of from greater than 0 at% to 50 at%, (claim 30) wherein the two-dimensional material comprises graphene and hexagonal-boron nitride in an atomic ratio of from 99:1 to 1:99, and (claim 32) wherein the two-dimensional material comprises graphene and hexagonal-boron nitride in an atomic ratio of from 60:40 to 40:60.
With further regards to claim 21, because Ci discloses compositions range from pure BN [0 at% dopant,] to pure graphene [100 at% dopant] (abstract), and provides tests of 55.4 at% C, 33.5 at%, and 14.5 at% of C (Supplementary Information, Table S1), Ci reasonably teaches the full range, including the range of about 0 at% and 9 at%, which is between the tests of 0 at% and 14.5 at% of Ci.
In addition, Ci teaches that pure BN film is an insulator whereas h-BNC with 94% carbon has a lower resistivity and further suggests that the electrical properties can be controlled by tuning the concentration (p. 433, right column), and thereby teaches that the relative amounts of h-BN and carbon in the material is a result effective variable. Therefore, it further would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to optimize, by routine experimentation, the amount of C (including the range of about 0 at% to 9 at%) of Ci for the purpose of controlling the electrical properties of the material.
Regarding claims 38, 40, and 44, modified Ci discloses all of the claim limitations as set forth above. Lozada discloses the proton-conducting membrane comprises a layer of the 2D material, an ionomer coating provided on at least one side of the 2D, and optionally a substrate ([0011]) or nonconductive structural component ([0020]) or if the ionomer is on both sides, the ionomer may be different ([0028]). The ionomer coating can be a sulfonated polymer, including NAFION [a copolymer of tetrafluoroethylene and perfluoro-3,6-dioxa-4-methyl-7-octene-sulfonic acid] ([0081]-[0082]). The substrate allows the passage of protons through the membrane, provides structural integrity to the membrane, and may be made of PTFE (a fluoropolymer) ([0030]). Thus, the NAFION ionomer coating on one side [e.g., a top surface] of the 2D material and a substrate of PTFE on the other side [e.g., a bottom surface] of the 2D material.
Therefore, the combination teaches (claim 38) further comprising a second proton conducting polymer, the second proton conducting polymer being different than the first proton conducting polymer, and wherein the first proton conducting polymer is deposited on the top surface and the second proton conducting polymer is deposited on the bottom surface, (claim 40) wherein the first proton conducting polymer, the second proton conducting polymer, or a combination thereof comprise(s) a polyether, a polysulfonate, a polysulfone, a poly(imidazole), a triazole, a benzimidazole, a polyester, a polycarbonate, a polymer derived from a pyridine monomer, a polyethylene, a fluoropolymer, derivatives thereof, or combinations thereof, and (claim 44) wherein the first proton conducting polymer, the second proton conducting polymer, or a combination thereof comprise(s) a copolymer of tetrafluoroethylene and perfluoro-3,6-dioxa-4-methyl-7-octene-sulfonic acid, poly(tetrafluoroethylene- co-2,2,4-trifluoro-5-trifluoromethoxy-1,3-dioxole), derivatives thereof, or combinations thereof.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/JACOB BUCHANAN/ Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/ Supervisory Patent Examiner, Art Unit 1725