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 Objection:
Claims 6-10, and 14-17 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claims 6-10, and 14-17. See MPEP § 608.01(n). Accordingly, the claims 6-10, and 14-17 have not been further treated on the merits. Further, claim 10 is no longer further limiting. Correction required.
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 –
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2007022200.
WO 2007022200 (cited by applicant) teaches the following ;
Regarding claim 1, providing a method for forming carbon nano-onions comprising: providing carbon nanodiamond (per claim 4) starting material to a substrate; locating the starting material in an inert atmosphere at a pressure of at least about 5 pounds per square inch; (meeting applicant’s claims 1 and 8) heating the inert atmosphere to a temperature between about 1000 C and about 2750 C (meeting applicant’s claims 1, and 9) using a heating ramp up time of 20 C per minute (See [0080]), while the starting material held on the substrate is in the inert atmosphere; (meeting applicant’s claim 6) and following the heating step, cooling the inert atmosphere to ambient temperature at a cooling rate of between about 1O.sup.0C and about 30.sup.0C per minute; wherein the method forms carbon nano-onions from the carbon nanodiamond starting material (see claim 1 ref.).
Regarding claims 2-3, WO 2007022200 teaches nano-onions formed form carbon layers at thicknesses or diameters in the nanometer range [0028, 0040] and therefore the nano-onions are considered to structurally provide an overlapping range of less than 5 mm.
Exemplary final temperature can be maintained for 1hr (See [0080]). Regarding claim 10, the heating ramp up is at 20 degrees C per minute (See [0080]).
The method can further comprise annealing the product carbon nano-onions in air at a temperature of between about 300 .sup.0C and about 400 .sup.0C.
The method provides for the substrate comprising a base and walls surrounding the base or vessel (as claimed) to contain an inert environment and maintain desired pressure (see claims and figures).
A planar substrate can be provided, or crucible, formed from graphite (See claims).
Regarding claim 7, the inert atmosphere is a helium.
The method further comprising oxidizing the carbon nano-onions.
Regarding claims 1 and 8, the pressure is between about 15 pounds pSi and about 20 pounds per square inch; or about 10^6 Pa within the claimed range.
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) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fu- (Preparation of Carbon nano-onion ant their application as Anode material for Lithium-ion Batteries) (2011) in view of WO 2007022200 (cited by applicant).
The new amendments to the claims are noted and are considered met by the art as discussed below.
Regarding claims 1, and 11, Fu- teaches forming carbon nano-onions from a mixture of Copper chloride and Calcium Carbide and annealing for 11hrs in an exemplary embodiment (See abstract, and top of second page 1st paragraph as submitted by applicant).
Regarding claims 11 and 12, Fu teaches providing the copper chloride hydrate in excess of the amount required to react with the Calcium Carbide because it is easier to remove and aids in the later removal process (See Experimental section). Therefore, it would have been obvious to provide the claimed ratios consistent with the arts teachings to aid in removal.
Fu- may not teach all the limitations.
WO 2007022200 (cited by applicant) teaches the following ;
Regarding claim 1, providing a method for forming carbon nano-onions comprising: providing carbon nanodiamond (per claim 4) starting material to a substrate; locating the starting material in an inert atmosphere at a pressure of at least about 5 pounds per square inch; (meeting applicant’s claims 1 and 8) heating the inert atmosphere to a temperature between about 1000 C and about 2750 C (meeting applicant’s claims 1, and 9) using a heating ramp up time of 20 C per minute (See [0080]), while the starting material held on the substrate is in the inert atmosphere; (meeting applicant’s claim 6) and following the heating step, cooling the inert atmosphere to ambient temperature at a cooling rate of between about 1O.sup.0C and about 30.sup.0C per minute; wherein the method forms carbon nano-onions from the carbon nanodiamond starting material (see claim 1 ref.).
Regarding claims 2-3, WO 2007022200 teaches nano-onions formed form carbon layers at thicknesses or diameters in the nanometer range [0028, 0040] and therefore the nano-onions are considered to structurally provide an overlapping range of less than 5 mm.
Exemplary final temperature can be maintained for 1hr (See [0080]). Regarding claims 1 and 10, the heating ramp up is at 20 degrees C per minute (See [0080]).
The method can further comprise annealing the product carbon nano-onions in air at a temperature of between about 300 .sup.0C and about 400 .sup.0C.
The method provides for the substrate comprising a base and walls surrounding the base or vessel (as claimed) to contain an inert environment and maintain desired pressure (see claims and figures); alternatively it would have been obvious to one of ordinary skill to provide the claimed inert environment and maintain desired pressure.
A planar substrate can be provided, or crucible, formed from graphite (See claims).
Regarding claim 7, the inert atmosphere is a helium.
The method further comprising oxidizing the carbon nano-onions.
Regarding claims 1 and 8, the pressure is between about 15 pounds pSi and about 20 pounds per square inch; or about 10^6 Pa within the claimed range.
Regarding claim 12, the art inherently provides concentration of the two materials, as taught above, and therefore it would have been obvious to one of ordinary skill in the art at the time of filing to provide the claimed concentrations or ratios through routine experimentation as to proper formation amounts and resulting properties to optimize the process.
Regarding claim 13, it would have been obvious to provide known cooling methods depending upon desired final product and how fast you want the article cooled as in WO above.
Regarding claims 14-18, the art teaches functionalization and possible end uses and therefore it would have been obvious to provide filtering or acid treatment or rinsing dependent upon the end use including filtering agents to produce a distinct final product
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
The art is considered to teach the newly amended claim limitations filed 12/3/2025. For instance;
Regarding claim 1, The art teaches using a heating ramp up time of 20 C per minute (See [0080]),
Regarding claims 11 and 12, Fu teaches providing the copper chloride hydrate in excess of the amount required to react with the Calcium Carbide because it is easier to remove and aids in the later removal process (See Experimental section). Therefore, it would have been obvious to provide the claimed ratios consistent with the arts teachings to aid in removal.
Otherwise, the applicant has not argued patentability with specificity.
The notations to support for the claim amendments are noted and appreciated.
Rejection maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL H MILLER whose telephone number is (571)272-1534. The examiner can normally be reached M-TH 9-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Veronica Ewald can be reached at 571-272-8519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANIEL H MILLER/Primary Examiner, Art Unit 1783