DETAILED ACTIONNotice 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 .
Response to Election/Restriction
Applicant’s election with traverse of Group I, claims 1-3, 5, 7-8, 10, and 12 in the reply filed on February 6, 2026 is acknowledged. The traversal is on the grounds that “If the MOF pores of Chen were sized to allow entry of the polar liquid, then the invention would not function for its intended purpose and be rendered useless. The innovation of the present invention over Chen is the engineering of the internal surface of the pores of the plurality of porous particles to be hydrophobic”. This is not found persuasive because Chen discloses the use of MOFs including ZIF-8 and ZIF-67, as argued in the restriction requirement. These MOFs are hydrophobic, and are disclosed as such in the instant specification (Page 3, lines 17-19, The illustrated zeolitic imidazolate frameworks (ZIFs) have high pore
volumes and hydrophobicity. ZIF-8 has zinc metal nodes coordinated by 2-methylimidazole linkers, while ZIF-67 has cobalt metal nodes with identical organic linkers). The requirement is still deemed proper and is therefore made FINAL.
Claims 16-17, 19-22, 24, 26-27, 29, 31, and 33 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on February 6, 2026.
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.
Claims 1, 3, 5, 7, 10, 12, and 35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (US 2017/0173518 A1).
With regard to Claim 1, Chen teaches a liquid composition comprising a polar liquid and a dispersion of porous particles (Abstract, A hybrid method for capturing CO2 from a gas mixture is provided, comprising a step of contacting the CO2 containing gas mixture with a slurry consisting of a liquid medium, imidazole or imidazole derivative(s), and a metal-organic framework material (MOFs)).
Chen teaches the dispersion of porous particles, the pores of which comprise an internal surface that is hydrophobic and resists wetting by the polar liquid and an external surface that is hydrophilic and wettable by the polar liquid, wherein the pores are sized to allow entry of a gas and molecules of the polar liquid (Paragraph 0011, the metal-organic framework material is a metal-organic framework material having a pore window diameter ranging from 0.25 nm to 0.4 nm (preferably from 0.3 nm to 0.4 nm). More preferably, the metal-organic framework material used is ZIF-8, ZIF-65, ZIF-67, ZIF-71, ZIF-20, ZIF-21, ZIF-77 or the like; Paragraph 0018, due to the strong hydrogen bonding between ethylene glycol molecules, the ethylene glycol molecules will form a film-like dense structure on the outside surface of the MOF material, and CO2 can easily pass through the ethylene glycol film due to its large quadrupole moment and high solubility in the liquid, to be adsorbed by the suspended MOF material; Example 1, Paragraph 0025, ZIF-8 was used as the MOF material). The instant specification teaches the use of ZIF-8 or ZIF-67 as the metal-organic framework material (Page 2, line 15 of instant specification, the MOF includes ZIF-8 or ZIF-67; Page 3, lines 17-19 of instant specification, The illustrated zeolitic imidazolate frameworks (ZIFs) have high pore volumes and hydrophobicity. ZIF-8 has zinc metal nodes coordinated by 2-methylimidazole linkers, while ZIF-67 has cobalt metal nodes with identical organic linkers).
With regard to Claims 3 and 5, Chen teaches the liquid composition wherein the porous particles comprise a zeolite or metal-organic framework (MOF), wherein the particles are nanoparticles or microparticles (Paragraph 0011, the metal-organic framework material is a metal-organic framework material having a pore window diameter ranging from 0.25 nm to 0.4 nm (preferably from 0.3 nm to 0.4 nm). More preferably, the metal-organic framework material used is ZIF-8, ZIF-65, ZIF-67, ZIF-71, ZIF-20, ZIF-21, ZIF-77 or the like; Example 1, Paragraph 0025, ZIF-8 was used as the MOF material).
With regard to Claims 7 and 10, Chen teaches the liquid composition wherein the particles comprise a hydrophilic coating, and wherein the particles comprise a covalently or non-covalently attached hydrophilic organic polymer coating (Paragraph 0018, due to the strong hydrogen bonding between ethylene glycol molecules, the ethylene glycol molecules will form a film-like dense structure on the outside surface of the MOF material, and CO2 can easily pass through the ethylene glycol film due to its large quadrupole moment and high solubility in the liquid, to be adsorbed by the suspended MOF material; Claim 7, the liquid medium is ethylene glycol, triethylene glycol, and/or a liquid polyethylene glycol having a condensation degree higher than that of triethylene glycol).
With regard to Claim 12, Chen teaches the liquid composition further comprising the gas dissolved in the composition and located in the pores of the porous particles (Paragraph 0018, due to the strong hydrogen bonding between ethylene glycol molecules, the ethylene glycol molecules will form a film-like dense structure on the outside surface of the MOF material, and CO2 can easily pass through the ethylene glycol film due to its large quadrupole moment and high solubility in the liquid, to be adsorbed by the suspended MOF material; Paragraph 0019, the liquid medium can not only selectively absorb CO2, but also forms a dense film-like structure on the surface of the MOF material).
With regard to Claim 35, Chen teaches the liquid composition wherein the polar liquid is water or an alcohol (Claim 7, the liquid medium is ethylene glycol, triethylene glycol, and/or a liquid polyethylene glycol having a condensation degree higher than that of triethylene glycol).
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2017/0173518 A1) in view of Violante et al. (US 5776496 A).
With regard to Claim 8, Chen is silent to the liquid composition wherein the particles comprise a globular protein on the exterior.
Violante teaches the particles comprising a globular protein on the exterior, to improve biocompatibility of said particles (Claim 13, said coating being serum albumin; Col. 7, lines 18-21, The ultrasmall porous particles of the instant invention can be coated with substances to alter their surface properties. For example, coating the particles with serum albumin can improve the biocompatibility of such particles; Example III, The IDE particles of Examples I and II were coated with human serum albumin to improve the biocompatibility of such particles).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for Chen to teach the particles comprising a globular protein on the exterior, as taught by Violante, to improve biocompatibility of said particles.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Hess et al. (“MOF Channels within Porous Polymer Film: Flexible, Self-Supporting ZIF‑8 Poly(ether sulfone) Composite Membrane”) teaches a polymer-ZIF composite membrane.
Kim et al. (“Highly Hydrophobic ZIF-8/Carbon Nitride Foam with Hierarchical Porosity for Oil Capture and Chemical Fixation of CO2”) teaches a ZIF-8/CN foam for oil absorption.
Sarango et al. (“Homogeneous thin coatings of zeolitic imidazolate frameworks prepared on quartz crystal sensors for CO2 adsorption”) teaches ZIFs for CO2 adsorption.
Tian et al. (“In Situ Measurement of CO2 and H2O Adsorption by ZIF‑8 Films”) teaches the role of ZIF-8 in the adsorption of CO2 and H2O.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDUL-RAHMAN YUSUF WALEED SMARI whose telephone number is (571)270-7302. The examiner can normally be reached M-Th 7:30-5, F 7:30-4.
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/ABDUL-RAHMAN YUSUF WALEED SMARI/Examiner, Art Unit 1736
/ANTHONY J ZIMMER/Supervisory Patent Examiner, Art Unit 1736