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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-19 are rejected under 35 U.S.C. 101 because the disclosed invention is inoperative and therefore lacks utility. The claims encompass room temperature superconductors, which are mere theoretical materials and currently under known principles of physics and chemistry cannot exist according to conventional scientific theory/No assertions of room temperature superconductivity have currently been recognized or verified by the scientific community. Given this combined with the issues discussed below and lack of enablement, the disclosed invention appears to be inoperable.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
The factors relied upon to make a determination of enablement include, but are not limited to:
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(A) The breadth of the claims;
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(B) The nature of the invention;
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(C) The state of the prior art;
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(D) The level of one of ordinary skill;
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(E) The level of predictability in the art;
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(F) The amount of direction provided by the inventor;
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(G) The existence of working examples; and
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(H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure.
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See MPEP 2164.
In the instant case, the breadth of the claims includes room temperature superconductors. The nature of the invention is room temperature superconductivity. The state of the prior art does not include room temperature superconductivity; room temperature superconductivity exists as no more than a theoretical possibility. The superconductor art has a high level of unpredictability. The amount of direction provided by the inventor does not provide sufficient written description to convey that applicant was in possession of such material, nor does it sufficiently provide details to enable one skilled in the art to make or use the material as claimed. Additionally, it is unclear whether data disputing room temperature superconductivity has been provided. Key indicia of superconductivity include zero electrical resistance, the Meissner effect, flux pinning, energy gap. It does not appear that this criteria was evaluated. Additionally, it does not appear the duration of superconducting phase is addressed in the claims and only generally addressed in the specification (see paragraph 0058). [0064] of the specification states that the superconducting state is stable “for up to at least 7 days depending on the quenching conditions”. However, no further explanation of these conditions is given. Additionally, the quantity of experimentation needed to make or use the invention is prohibitive given the nature of the predictability in the art, level of ordinary skill in the art, and the nature of invention.
In summary, given that room temperature superconductivity exists as no more than a theoretical possibility, the disclosure provided does not provide sufficient written description to convey that applicant was in possession of such material, nor does it sufficiently provide details to enable one skilled in the art to make or use the material as claimed.
Claims 7, 8, 9, 17-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while providing disclosure for Cu doped FeSe and FeSe, does not reasonably provide enablement for LaH10, hydride, H2S. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make the invention commensurate in scope with these claims. No sample preparations of the afore mentioned compounds are described in the invention. Therefore, these claims are not enabled.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 4, 10, 11, 13, 14 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Wu (“The retention at ambient of the high-pressure-induced metastable superconducting phases in antimony single crystals”).
Regarding claims 1, 4, 10, 11, 14; Wu teaches a method for retaining high pressure induced superconducting phase in a HTS or RTS (abstract) comprising generating a HTS/RTS by applying a pressure at room temperature (page 3, left column) thereby producing a superconducting phase with a Tc up to 131 K (page 4, left column), pressure quenching the HTS from the generating step while under the pressure applied at room temperature , by subsequently removing the pressure to achieve ambient pressure at a temperature lower than 300 K, while maintaining the superconducting phase with the Tc and retaining the superconducting phase subsequent to the pressure quenching step (stable up to 131, page 4, left column).
Regarding claims 3, 13; Wu teaches that the pressure is 9.2 GPa (page 4, left column).
Claim(s) 1,3,4,10,11,13,14 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by Chu (US 7709418).
Regarding claim 1, Chu discloses a method for retaining a high-pressure-induced superconducting phase or non-superconducting phase in a high-temperature superconductor (HTS) or a room-temperature superconductor (RTS), at ambient pressure (Finally, the sample was rapidly quenched from this temperature to room temperature in air. The resulting lanthanum-strontium-copper-oxide composition had an empirical formula of La1.8Sr0.2Cu10y. This corresponds to an oxide complex of the general formula [La1-xSrx]aCubOy wherein "x" is 0.1, "a" is 2, "b" is 1 and "y" is 2 to 4. The oxide complex composition had an onset superconductivity transition temperature (Tco) of 45° K, with a narrow transition width to complete superconductivity of about 10° K at ambient pressure, col. 8, lines 30-40), the method comprising: generating a superconducting or non-superconducting phase in a HTS or RTS by applying a pressure at room temperature thereby producing a superconducting phase with a particular transition temperature (TO or a non-superconducting phase in the HTS or RTS (The following examples are representative of the oxide complexes and methods of producing the oxide complexes of the invention. The examples for certain of the compositions also illustrate the enhancement of transition temperature that is produced by the application and maintenance of high pressure on the oxide complexes, col. 7, lines 60-65. The mixture was cooled to room temperature and then compressed under a pressure of six kilobars. This compression converted the mixed powder into pellets, col. 8, lines 24-27); pressure-quenching the HTS or RTS from the generating step while under the pressure applied at room temperature, by subsequently removing the applied pressure to achieve ambient pressure at a temperature lower than 300 K, while maintaining the superconducting phase with the particular Tc or the non-superconducting phase in the HTS or RTS (The pellets were then sintered into solid cylinders by heating them at a temperature of about 1000° C. for a period of about four hours at a pressure of almost zero kilobars [removing the applied pressure]. Finally, the sample was rapidly quenched from this temperature to room temperature [room temperature inherently lower than 300 K] in air, col. 8, lines 27-32); and retaining the superconducting or non-superconducting phase in the HTS or RTS while maintaining the superconducting phase with the particular Tc or the non-superconducting phase in the HTS or RTS, at ambient pressure, subsequent to the pressure-quenching step (The resulting lanthanum-strontium-copper-oxide composition had an empirical formula of La1.8Sr0.2Cu1Oy. This corresponds to an oxide complex of the general formula [La1-xSrx]aCubOy wherein "x" is 0.1, "a" is 2, "b" is 1 and "y" is 2 to 4. The oxide complex composition had an onset superconductivity transition temperature (Tco) of 45° K, with a narrow transition width to complete superconductivity of about 10° K at ambient pressure, col. 8, lines 33-40).
Regarding claim 3, Chu discloses the method of claim 1, wherein the pressure applied at room temperature is in the range of 0.1 GPa to 300 GPa (After this period, the mixture was cooled to room temperature and then compressed under a pressure of six kilobars, col. 8, lines 24-26. Note that 6 kilobars is equivalent to 0.6 GPa).
Regarding claim 4, Chu discloses the method of claim 1, wherein the HTS comprises a Tc between 20 K and 160 K. (The oxide complex composition had an onset superconductivity transition temperature (Tco) of 45° K, col. 8, lines 37-38).
Regarding claim 10, Chu discloses a HTS or a RTS having the superconducting phase with the particular Tc or nonsuperconducting phase in the HTS or RTS retained at ambient pressure via the method of claim 1 (The resulting lanthanum-strontium-copper-oxide composition had an empirical formula of La1.8Sr0.2Cu10y. This corresponds to an oxide complex of the general formula [La1-xSrx] aCubOy wherein "x" is 0.1, "a" is 2, "b" is 1 and "y" is 2 to 4. The oxide complex composition had an onset superconductivity transition temperature (Tco) of 45° K, with a narrow transition width to complete superconductivity of about 10° K at ambient pressure, col. 8, lines 33-40).
Regarding claim 11, Chu discloses a high-temperature superconductor (HTS) or a room-temperature superconductor (RTS) having a superconducting phase with a particular transition temperature (T,) or nonsuperconducting phase in the HTS or RTS induced via an applied pressure at room temperature and retained at ambient pressure (After this period, the mixture was cooled to room temperature and then compressed I under a pressure of six kilobars. This compression converted the mixed powder into pellets, col. 8, lines 24-27. The resulting lanthanum-strontium-copper-oxide composition had an empirical formula of La1.8Sr0.2Cu10y. This corresponds to an oxide complex of the general formula [La1-xSrx]aCubOy wherein "x" is 0.1, "a" is 2, "b" is 1 and "y" is 2 to 4. The oxide complex composition had an onset superconductivity transition temperature (Tco) of 45° K, with a narrow transition width to complete superconductivity of about 10° K at ambient pressure, col. 8, lines 33-40).
Regarding claim 13, Chu discloses the HTS or RTS of claim 11, wherein the pressure applied at room temperature is in the range of 0.1 GPa to 300 GPa (After this period, the mixture was cooled to room temperature and then compressed under a pressure of six kilobars, col. 8, lines 24-26. Note that 6 kilobars is equivalent to 0.6 GPa).
Regarding claim 14, Chu discloses the HTS or RTS of claim 11, wherein the HTS comprises a Tc between 20 K and 160 K, and the RTS comprises a Tc above 160 K (The oxide complex composition had an onset superconductivity transition temperature (Tco) of 45° K, col. 8, lines 37-38).
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.
Claim(s) 2, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chu.
Regarding claim 2, Chu discloses the method of claim 1, wherein the pressure removal is performed in a certain time (The pellets were then sintered into solid cylinders by heating them at a temperature of about 1000° C. for a period of about four hours at a pressure of almost zero kilobars [removing the applied pressure], col. 8, lines 27-30). Chu fails to explicitly disclose the pressure removal is performed in less than 10.0 seconds. However, It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the method of Chu to include the pressure removal is performed for an interval overlapping with less than 10.0 seconds, since discovering the optimum value of a result effective variable involves only routine skill in the art. The motivation for doing so would be to increase the superconducting transition temperature of superconducting compositions (Chu, col. 1, lines 31-32).
Regarding claim 12, Chu discloses the HTS or RTS of claim 11, wherein the transition from applied pressure to ambient pressure occurs in a certain time (The pellets were then sintered into solid cylinders by heating them at a temperature of about 1000° C. for a period of about fora four hours at a pressure of almost zero kilobars [removing the applied pressure], col. 8, lines 27-30). Chu fails to explicitly disclose the transition from applied pressure to ambient pressure occurs in less than 10.0 seconds. However, It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the HTS or RTS of Chu to include the transition from applied pressure to ambient pressure occurs for an interval overlapping with less than 10.0 seconds, The motivation for doing so would be to increase the superconducting transition temperature of superconducting compositions (Chu, col. 1, lines 31-32).
Claim(s) 5, 6, 15, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chu in view of Harshman (US 2014/0011683).
Regarding claim 5, Chu fails to explicitly disclose the method of claim I, wherein the HTS comprises FeSe. Harshman is in the field of superconductor compositions having high superconducting transition temperatures (para. 0003) and teaches the HTS comprises FeSe (a composition of matter forming a superconductor having a superconducting transition temperature substantially above 150 K, para. 0034. FeSe0.977 (pressure). See Table 1 in para. 0172). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the method of Chu to include the HTS comprises FeSe as taught by Harshman. The motivation being to form a superconductor having a superconducting transition temperature substantially above 150 K (Harshman, para. 0034).
Regarding claim 6, Chu fails to explicitly disclose the method of claim 1, wherein the HTS comprises Cu-doped FeSe. Harshman teaches the HTS comprises Cu-doped FeSe (a composition of matter forming a superconductor having a superconducting transition temperature substantially above 150 K, para. 0034. Other atomic species can advantageously be substituted for Na in particular Hg and Cu, para. 0117. FeSe0.977 (pressure). See Table 1 in para. 0172). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the method of Chu to include the HTS comprises Cu-doped FeSe as taught by Harshman. The motivation being to form a superconductor having a superconducting transition temperature substantially above 150 K (Harshman, para. 0034).
Regarding claim 15, Chu fails to explicitly disclose the HTS or RTS of claim 11, wherein the HTS comprises FeSe. Harshman teaches the HTS comprises FeSe (a composition of matter forming a superconductor having a superconducting transition temperature substantially above 150 K, para. 0034. FeSe0.977 (pressure). See Table 1 in para. 0172). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the HTS or RTS of Chu to include the HTS comprises FeSe as taught by Harshman. The motivation being to form a superconductor having a superconducting transition temperature substantially above 150 150 K (Harshman, para, 0034).
Regarding claim 16, Chu fails to explicitly disclose the HTS or RTS of claim 11, wherein the HTS comprises Cu-doped FeSe. Harshman teaches the HTS comprises Cu-doped FeSe (a composition of matter forming a superconductor having a superconducting transition temperature substantially above 150 K, para. 0034. Other atomic species can advantageously be substituted for Na in particular Hg and Cu, para. 0117. FeSe0.977 (pressure). See Table 1 in para. 0172). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the HTS or RTS of Chu to include the HTS comprises Cu-doped FeSe as taught by Harshman. The motivation being to form a superconductor having a superconducting transition temperature substantially above 150 K (Harshman, para. 0034).
Claim(s) 7,8,17,18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chu in view of Eastern (US 2020/0299146).
Regarding claim 7, Chu fails to explicitly disclose the method of claim 1, wherein the RTS comprises a hydride. Eastern is in the field of high temperature superconductors (para. 0002) and teaches the RTS comprises a hydride (The extremely high pressure generated superconductivity on hydrogen sulfide or sulfur hydride (H2S), para. 0018). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the method of Chu to include the RTS comprises a hydride as taught by Eastern. The motivation being to provide the extremely high pressure generated superconductivity (Eastern, para. 0018).
Regarding claim 8, Chu fails to explicitly disclose the method of claim 1, wherein the RTS comprises H3S. Eastern teaches the RTS comprises H2S (The extremely high pressure generated superconductivity on hydrogen sulfide or sulfur hydride (H2S), para. 0018). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the method of Chu to include the RTS comprises H3S, since selection of a known material on the basis of its suitability for an intended use involves only routine skill in the art. The motivation for doing so would be to provide the extremely high pressure generated superconductivity (Eastern, (Eastern, para. 0018).
Regarding claim 17, Chu fails to explicitly disclose the HTS or RTS of claim 11, wherein the RTS comprises a hydride. Eastern teaches the RTS comprises a hydride. (The extremely high pressure generated superconductivity on hydrogen sulfide or sulfur hydride (H2S), para. 0018). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the HTS or RTS of Chu to include the RTS comprises a hydride as taught by Eastern. The motivation being to provide the extremely high pressure generated superconductivity (Eastern, para. 0018).
Regarding claim 18, Chu fails to explicitly disclose the HTS or RTS of claim 11, wherein the RTS comprises H3S. Eastern teaches the RTS comprises H2S (The extremely high pressure generated superconductivity on hydrogen sulfide or sulfur hydride (H2S), para. 0018). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the HTS or RTS of Chu to include the RTS comprises H3S, since selection of a known material on the basis of its suitability for an intended use involves only routine skill in the art. The motivation for doing so would be to provide the extremely high pressure generated superconductivity (Eastern, para. 0018).
Claim(s) 9,19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chu in view of Hida (US 5192720).
Regarding claim 9, Chu fails to explicitly disclose the method of claim 1, wherein the RTS comprises LaH10. Hida is in the field of the high temperature superconductors (col. 9, lines 19-20) and teaches the RTS comprises LaH (one may incorporate hydrogen into one or more of the aforementioned transition metals and/or a rare earth metal (such as, e.g., lanthanum, cerium, praseodymium, neodymium, promethium, samarium, europium, and gadolinium), to form a hydride, col. 8, lines 7-12).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the method of Chu to include the RTS comprises LaH10, since selection of a known material on the basis of its suitability for an intended use involves only routine skill in the art. The motivation for doing so would be to provide the high temperature superconductors by the mechanochemistry process (Hida, col. 9, lines 19-20).
Regarding claim 19, Chu fails to explicitly disclose the HTS or RTS of claim 11, wherein the RTS comprises LaH10. Hida teaches the RTS comprises LaH (one may incorporate hydrogen into one or more of the aforementioned transition metals and/or a rare earth metal (such as, e.g., lanthanum, cerium, praseodymium, neodymium, promethium, samarium, europium, and gadolinium), to form a hydride, col. 8, lines 7-12).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the HTS or RTS of Chu to include the RTS comprises LaH10, since selection of a known material on the basis of its suitability for an intended use involves only routine skill in the art. The motivation for doing so would be to provide the high temperature superconductors by the mechanochemistry process (Hida, col. 9, lines 19-20).
Claim(s) 2, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu.
Regarding claims 2 and 12, Wu fails to teach that the pressure removal is performed in less than 10 seconds. Wu, however, teaches that the pressure removal is rapid. Abstract. It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the method of Wu to include the pressure removal is performed for an interval overlapping with less than 10.0 seconds, since discovering the optimum value of a result effective variable involves only routine skill in the art as Wu teaches that the removal is rapid.
Claim(s) 5, 6, 15, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Harshman (US 2014/0011683).
Regarding claim 5, Wu fails to explicitly disclose the method of claim I, wherein the HTS comprises FeSe. Harshman is in the field of superconductor compositions having high superconducting transition temperatures (para. 0003) and teaches the HTS comprises FeSe (a composition of matter forming a superconductor having a superconducting transition temperature substantially above 150 K, para. 0034. FeSe0.977 (pressure). See Table 1 in para. 0172). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the method of Wu to include the HTS comprises FeSe as taught by Harshman. The motivation being to form a superconductor having a superconducting transition temperature substantially above 150 K (Harshman, para. 0034).
Regarding claim 6, Wu fails to explicitly disclose the method of claim 1, wherein the HTS comprises Cu-doped FeSe. Harshman teaches the HTS comprises Cu-doped FeSe (a composition of matter forming a superconductor having a superconducting transition temperature substantially above 150 K, para. 0034. Other atomic species can advantageously be substituted for Na in particular Hg and Cu, para. 0117. FeSe0.977 (pressure). See Table 1 in para. 0172). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the method of Wu to include the HTS comprises Cu-doped FeSe as taught by Harshman. The motivation being to form a superconductor having a superconducting transition temperature substantially above 150 K (Harshman, para. 0034).
Regarding claim 15, Wu fails to explicitly disclose the HTS or RTS of claim 11, wherein the HTS comprises FeSe. Harshman teaches the HTS comprises FeSe (a composition of matter forming a superconductor having a superconducting transition temperature substantially above 150 K, para. 0034. FeSe0.977 (pressure). See Table 1 in para. 0172). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the HTS or RTS of Wu to include the HTS comprises FeSe as taught by Harshman. The motivation being to form a superconductor having a superconducting transition temperature substantially above 150 150 K (Harshman, para, 0034).
Regarding claim 16, Wu fails to explicitly disclose the HTS or RTS of claim 11, wherein the HTS comprises Cu-doped FeSe. Harshman teaches the HTS comprises Cu-doped FeSe (a composition of matter forming a superconductor having a superconducting transition temperature substantially above 150 K, para. 0034. Other atomic species can advantageously be substituted for Na in particular Hg and Cu, para. 0117. FeSe0.977 (pressure). See Table 1 in para. 0172). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the HTS or RTS of Wu to include the HTS comprises Cu-doped FeSe as taught by Harshman. The motivation being to form a superconductor having a superconducting transition temperature substantially above 150 K (Harshman, para. 0034).
Claim(s) 7,8,17,18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Eastern (US 2020/0299146).
Regarding claim 7, Wu fails to explicitly disclose the method of claim 1, wherein the RTS comprises a hydride. Eastern is in the field of high temperature superconductors (para. 0002) and teaches the RTS comprises a hydride (The extremely high pressure generated superconductivity on hydrogen sulfide or sulfur hydride (H2S), para. 0018). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the method of Wu to include the RTS comprises a hydride as taught by Eastern. The motivation being to provide the extremely high pressure generated superconductivity (Eastern, para. 0018).
Regarding claim 8, Wu fails to explicitly disclose the method of claim 1, wherein the RTS comprises H3S. Eastern teaches the RTS comprises H2S (The extremely high pressure generated superconductivity on hydrogen sulfide or sulfur hydride (H2S), para. 0018). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the method of Wu to include the RTS comprises H3S, since selection of a known material on the basis of its suitability for an intended use involves only routine skill in the art. The motivation for doing so would be to provide the extremely high pressure generated superconductivity (Eastern, para. 0018).
Regarding claim 17, Wu fails to explicitly disclose the HTS or RTS of claim 11, wherein the RTS comprises a hydride. Eastern teaches the RTS comprises a hydride. (The extremely high pressure generated superconductivity on hydrogen sulfide or sulfur hydride (H2S), para. 0018). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the HTS or RTS of Wu to include the RTS comprises a hydride as taught by Eastern. The motivation being to provide the extremely high pressure generated superconductivity (Eastern, para. 0018).
Regarding claim 18, Wu fails to explicitly disclose the HTS or RTS of claim 11, wherein the RTS comprises H3S. Eastern teaches the RTS comprises H2S (The extremely high pressure generated superconductivity on hydrogen sulfide or sulfur hydride (H2S), para. 0018). It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the HTS or RTS of Wu to include the RTS comprises H3S, since selection of a known material on the basis of its suitability for an intended use involves only routine skill in the art. The motivation for doing so would be to provide the extremely high pressure generated superconductivity (Eastern, para. 0018).
Claim(s) 9,19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Hida (US 5192720).
Regarding claim 9, Wu fails to explicitly disclose the method of claim 1, wherein the RTS comprises LaH10. Hida is in the field of the high temperature superconductors (col. 9, lines 19-20) and teaches the RTS comprises LaH (one may incorporate hydrogen into one or more of the aforementioned transition metals and/or a rare earth metal (such as, e.g., lanthanum, cerium, praseodymium, neodymium, promethium, samarium, europium, and gadolinium), to form a hydride, col. 8, lines 7-12).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the method of Wu to include the RTS comprises LaH10, since selection of a known material on the basis of its suitability for an intended use involves only routine skill in the art. The motivation for doing so would be to provide the high temperature superconductors by the mechanochemistry process (Hida, col. 9, lines 19-20).
Regarding claim 19, Wu fails to explicitly disclose the HTS or RTS of claim 11, wherein the RTS comprises LaH10. Hida teaches the RTS comprises LaH (one may incorporate hydrogen into one or more of the aforementioned transition metals and/or a rare earth metal (such as, e.g., lanthanum, cerium, praseodymium, neodymium, promethium, samarium, europium, and gadolinium), to form a hydride, col. 8, lines 7-12).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the HTS or RTS of Wu to include the RTS comprises LaH10, since selection of a known material on the basis of its suitability for an intended use involves only routine skill in the art. The motivation for doing so would be to provide the high temperature superconductors by the mechanochemistry process (Hida, col. 9, lines 19-20).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL A WARTALOWICZ whose telephone number is (571)272-5957. The examiner can normally be reached Monday-Friday 9 am - 5 pm.
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/PAUL A WARTALOWICZ/ Primary Examiner, Art Unit 1735