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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 07/26/2022. It is noted, however, that applicant has not filed a certified copy of the CN 202210884940.6 application as required by 37 CFR 1.55.
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 1-17 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 1 recites steps S1, S2, S3 and an additional step S1 and S2, it is unclear for dependent claims which steps S1 and S2 are referred to.
Claim 14 recites the carbon oxide composite, this is assumed to by a typographical error and for the purposes of examination will be read as the carbon nitride composite.
Additional claims rejected as dependent on a rejected claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu (Synthesis of Functionalized Ultrathin Carbon Nitride Nanosheets and Their Application in Heavy Metal Analysis, 2018), in view of Wang (Synthesis of g-C3N4/Fe3O4 nanocomposites and application as a new sorbent for solid phase extraction of polycyclic aromatic hydrocarbons in water samples, 2014).
With respect to claim 1, Lu teaches Preparation of thiol-functionalized magnetic carbon nitride and its adsorption of lead, arsenic, and cadmium using carbon nitride nanosheets with controlled oxygen functionality (TOC, Ch. 6, Summary, preparation method for a thiol-functionalized magnetic oxygenous carbon nitride nanosheet), preparation of CNO/Fe3O4 by sonication, dissolving and adding FeCl3 and FeCl2, mixing and adding ammonia to adjust pH to about 10 and cooling, washing, separating, and drying (6.2.4, preparation of a magnetic carbon nitride oxide composite: S1, dispersing carbon nitride oxide ultrasonically to obtain a carbon nitride oxide suspension; S2, dissolving an iron source, and then adding the iron source to the carbon nitride oxide suspension to obtain a first mixed solution; wherein the iron source contains divalent iron and trivalent iron; and S3, after a hydrothermal reaction of the first mixed solution, adjusting a pH value of a reaction system to be alkaline, and then cooling, separating a sediment, washing, and drying to obtain the magnetic carbon nitride oxide composite);
Thiol-functionalizing the magnetic carbon nitride by dispersing in water and ethanol and adding acid to adjust pH, adding MPTS, and separating and purifying the composite (6.2.5, preparation of thiol-functionalized magnetic oxygenous carbon nitride nanosheet: S1: dispersing the magnetic carbon nitride oxide composite in a solvent, and then adding acid to adjust a pH to be acidic to obtain a second mixed solution; and S2, adding a thiol-rich modifier to the second mixed solution to modify the magnetic carbon nitride oxide composite to obtain a resulting solution; after modification, separating and washing the magnetic carbon nitride oxide composite from the resulting solution to obtain the thiol-functionalized magnetic oxygenous carbon nitride nanosheet.
Lu does not explicitly teach ultrasonically dispersing the magnetic carbon nitride, Lu teaches carbon nitride materials are difficult to disperse (Ch. 6 Introduction, p. 9).
Wang teaches C3N4/Fe3O4 nanocomposite sorbents (Abstract, 2.3), where ultrasonication was used to suspend formed sorbents as aggregated nanocomposites are disrupted by ultrasonic vibrations leading to an increase in total surface area which contacts water or target components (3.2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lu’s taught preparation method to include sonication of the magnetic composite in the solvent in order to increase surface area for functionalization with the thiol.
With respect to claim 2, the preparation method according to claim 1, is taught above. Lu teaches 1 g CNO added to 25 mL deionized water for 5 hours (adding the carbon nitride oxide to deionized water and dispersing ultrasonically for 3 hours-5 hours, a mass volume ratio of the carbon nitride oxide to the deionized water is 20 mg/mL-60 mg/ml, 6.2.4).
With respect to claim 3, the preparation method according to claim 1, is taught above. Lu teaches dissolving the iron source in ultrapure water at room temperature to form a solution; then, adding the solution into the carbon nitride oxide suspension to obtain the first mixed solution; wherein the iron source is a mixture of ferric chloride hexahydrate and ferrous chloride tetrahydrate (6.2.4).
With respect to claim 4, the preparation method according to claim 3, is taught above. See 112(b) above. Lu teaches FeCI3·6H20 and FeCI2·4H20 in a molar ratio of 2:1 (a molar ratio of the ferric chloride hexahydrate to the ferrous chloride tetrahydrate is (1-3):1, 6.4.2) added to ultrapure water, but is silent as to the mass volume ratio of the iron source to the ultrapure water is 50 mg/mL-100 mg/mL; a volume ratio of the solution to the carbon nitride oxide suspension is 1 :(2-5). Examiner notes since the specification is silent to unexpected results, the specific ratios of iron source to water and the solution of iron/water to the carbon nitride, is not considered to confer patentability to the claims. As the ratios are variables that can be modified, among others, by adjusting the amount of water, the precise amount would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the claimed invention. As such, without showing unexpected results, the claimed amount cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the claimed invention would have optimized, by routine experimentation, the amount of water to obtain the desired reaction completion (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (In re Aller, 105 USPQ 223).
With respect to claim 5, the preparation method according to claim 1, is taught above. Lu teaches the iron/carbon nitride mixed solution stirred for 3 min at 80C (6.2.4, placing the first mixed solution in a water bath pot at 70 4C-90 4C for 3 minutes-5 minutes), and adding ammonit to adjust pH to about 10 (6.2.4, and then adding ammonia water quickly to adjust the pH value of the reaction system to 9-11), stirring for about 30 minutes, cooling, separating precipitate, washing and drying at 60C for about 24 hours (6.2.4, and then stirring reaction for 20 minutes-40 minutes, then cooling, separating and washing the sediment, drying at 50 *C-70 *C for 12 hours-24 hours to obtain the magnetic carbon oxide composite).
With respect to claim 6, the preparation method according to claim 1, is taught above. As discusssed above the combination of Lu and Wang teaches the preparation of the thiol-functionalized magnetic oxygenous carbon nitride nanosheet comprises: step SI, dispersing the magnetic carbon nitride oxide composite ultrasonically in a mixed solvent, Lu teaches anhydrous ethanol and water and then adding acetic acid to adjust a pH value of a system to 4-6 to obtain the second mixed solution (6.2.5).
With respect to claim 7, the preparation method according to claim 6, is taught above. Lu teaches 0.2 g CNO/Fe3O4 in 25 mL anhydrous ethanol and 20 ml water (a volume ratio of the anhydrous ethanol and the water is (1-1.5):1), while the taught combination does not teach the precise mass volume ratio of the magnetic carbon nitride oxide composite to the mixed solvent is 3 mg/mL-5 mg/mL. Examiner notes since the specification is silent to unexpected results, the specific ratios of magnetic carbon nitride to solvent, is not considered to confer patentability to the claims. As the ratios are variables that can be modified, among others, by adjusting amount of solvent, the precise amount would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the claimed invention. As such, without showing unexpected results, the claimed amount cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the claimed invention would have optimized, by routine experimentation, the amount of solvent to obtain the desired reaction completion (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (In re Aller, 105 USPQ 223).
With respect to claim 8, the preparation method according to claim 1, is taught above. Lu teaches adding MPTS at 40C (a temperature 35 4C-45 *C) and the thiol-rich modifier is 3-mercaptopropyltrimethoxysilane (MPTS)) and stirring for 24 hours (6.2.5, the thiol-rich modifier to the second mixed solution to modify the magnetic carbon nitride oxide composite for 15 hours-25 hours to obtain the resulting solution); and separating with a magnet and purifying with ultrapure water and ethanol 3 times (6.2.5, separating the magnetic carbon nitride oxide composite from the resulting solution by a magnet and cleaning by ultrapure water and ethanol for 3 times-5 times respectively to obtain the thiol-functionalized magnetic oxygenous carbon nitride nanosheet).
With respect to claim 9, the preparation method according to claim 1 is taught above. Lu teaches the thiol functionalized magnetic carbon nitride adsorbent applied to remove lead, arsenic, and cadmium (Ch. 6 Introduction, a method of applying a thiol-functionalized magnetic oxygenous carbon nitride nanosheet, comprising: applying the thiol-functionalized magnetic oxygenous carbon nitride nanosheet prepared by in adsorption of heavy metal ions).
With respect to claim 10, the method according to claim 9, is taught above. Lu teaches wherein the step of applying the thiol-functionalized magnetic oxygenous carbon nitride nanosheet in the adsorption of heavy metal ions comprises: (1) putting the thiol-functionalized magnetic oxygenous carbon nitride nanosheet into a solution containing the heavy metal ions, and adjusting a pH value of a system to oscillate and adsorb at room temperature; and (2) after adsorption, separating the thiol-functionalized magnetic oxygenous carbon nitride nanosheet from the solution by a magnet (6.2.6).
With respect to claim 11, the method according to claim 9, is taught above. Lu teaches 1 g CNO added to 25 mL deionized water for 5 hours (adding the carbon nitride oxide to deionized water and dispersing ultrasonically for 3 hours-5 hours, a mass volume ratio of the carbon nitride oxide to the deionized water is 20 mg/mL-60 mg/ml, 6.2.4).
With respect to claim 12, the preparation method according to claim 9, is taught above. Lu teaches dissolving the iron source in ultrapure water at room temperature to form a solution; then, adding the solution into the carbon nitride oxide suspension to obtain the first mixed solution; wherein the iron source is a mixture of ferric chloride hexahydrate and ferrous chloride tetrahydrate (6.2.4).
With respect to claim 13, the preparation method according to claim 9, is taught above. See 112(b) above. Lu teaches FeCI3·6H20 and FeCI2·4H20 in a molar ratio of 2:1 (a molar ratio of the ferric chloride hexahydrate to the ferrous chloride tetrahydrate is (1-3):1, 6.4.2) added to ultrapure water, but is silent as to the mass volume ratio of the iron source to the ultrapure water is 50 mg/mL-100 mg/mL; a volume ratio of the solution to the carbon nitride oxide suspension is 1 :(2-5). Examiner notes since the specification is silent to unexpected results, the specific ratios of iron source to water and the solution of iron/water to the carbon nitride, is not considered to confer patentability to the claims. As the ratios are variables that can be modified, among others, by adjusting the amount of water, the precise amount would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the claimed invention. As such, without showing unexpected results, the claimed amount cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the claimed invention would have optimized, by routine experimentation, the amount of water to obtain the desired reaction completion (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (In re Aller, 105 USPQ 223).
With respect to claim 14, the preparation method according to claim 9, is taught above. Lu teaches the iron/carbon nitride mixed solution stirred for 3 min at 80C (6.2.4, placing the first mixed solution in a water bath pot at 70 4C-90 4C for 3 minutes-5 minutes), and adding ammonia to adjust pH to about 10 (6.2.4, and then adding ammonia water quickly to adjust the pH value of the reaction system to 9-11), stirring for about 30 minutes, cooling, separating precipitate, washing and drying at 60C for about 24 hours (6.2.4, and then stirring reaction for 20 minutes-40 minutes, then cooling, separating and washing the sediment, drying at 50 *C-70 *C for 12 hours-24 hours to obtain the magnetic carbon oxide composite).
With respect to claim 15, the preparation method according to claim 9, is taught above. As discussed above the combination of Lu and Wang teaches the preparation of the thiol-functionalized magnetic oxygenous carbon nitride nanosheet comprises: step SI, dispersing the magnetic carbon nitride oxide composite ultrasonically in a mixed solvent, Lu teaches anhydrous ethanol and water and then adding acetic acid to adjust a pH value of a system to 4-6 to obtain the second mixed solution (6.2.5).
With respect to claim 16, the preparation method according to claim 15, is taught above. Lu teaches 0.2 g CNO/Fe3O4 in 25 mL anhydrous ethanol and 20 ml water (a volume ratio of the anhydrous ethanol and the water is (1-1.5):1), while the taught combination does not teach the precise mass volume ratio of the magnetic carbon nitride oxide composite to the mixed solvent is 3 mg/mL-5 mg/mL. Examiner notes since the specification is silent to unexpected results, the specific ratios of magnetic carbon nitride to solvent, is not considered to confer patentability to the claims. As the ratios are variables that can be modified, among others, by adjusting amount of solvent, the precise amount would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the claimed invention. As such, without showing unexpected results, the claimed amount cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the claimed invention would have optimized, by routine experimentation, the amount of solvent to obtain the desired reaction completion (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (In re Aller, 105 USPQ 223).
With respect to claim 17, the preparation method according to claim 9, is taught above. Lu teaches adding MPTS at 40C (a temperature 35 4C-45 *C) and the thiol-rich modifier is 3-mercaptopropyltrimethoxysilane (MPTS)) and stirring for 24 hours (6.2.5, the thiol-rich modifier to the second mixed solution to modify the magnetic carbon nitride oxide composite for 15 hours-25 hours to obtain the resulting solution); and separating with a magnet and purifying with ultrapure water and ethanol 3 times (6.2.5, separating the magnetic carbon nitride oxide composite from the resulting solution by a magnet and cleaning by ultrapure water and ethanol for 3 times-5 times respectively to obtain the thiol-functionalized magnetic oxygenous carbon nitride nanosheet).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CN 104672159 A, CN 113578366 A
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/JEANNIE MCDERMOTT/ Examiner, Art Unit 1777
/BRADLEY R SPIES/ Primary Examiner, Art Unit 1777
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