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 .
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.
Claim(s) 1-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fathalizadeh et al. (U.S. Pub. No. 2017/0197832) in view of Kim et al. (U.S. Pub. No. 2017/0253485).
Regarding claim 1, Fathalizadeh et al. teaches formation of a sheet of boron nitride which meets the limitation of method for producing single crystalline boron nitride nanosheets (paragraph 43). Fathalizadeh et al. teaches a method including generating a directed flow of plasma using nitrogen gas which meets a broad and reasonable interpretation of wherein gas flows have a laminar flow in the reaction (paragraph 7). Fathalizadeh et al. teaches plasma-generating torch used to generate the directed flow of the plasma may enclose a portion of the chamber which meets a broad and reasonable interpretation of providing a thermal plasma at a plasma zone of a reaction chamber (paragraph 43). Fathalizadeh et al. teaches the chamber 220 includes a port 230 though which gasses may be vented which meets a broad and reasonable interpretation of the reaction chamber comprising an outlet opposite the plasma zone (paragraph 29). Fathalizadeh et al. teaches reaction zone which meets a broad and reasonable interpretation of a growth zone downstream of the thermal plasma (paragraph 32). Fathalizadeh et al. teaches either the synthesized material can be driven from the main chamber 220 by opening the valves and forcing the synthesized material into various vessels for collection or the synthesized materials can be collected on, for example, a wire or wire mesh that is introduced into the chamber through one of the ports (221-228) and out of the chamber through another port (221-228) to a vessel where it can be collected which meets a broad and reasonable interpretation of a condensation zone downstream of the thermal plasma (paragraph 31). Fathalizadeh et al. teaches nitrogen, argon, hydrogen, or mixtures thereof are used to generate the directed flow of the plasma which meets a broad and reasonable interpretation of providing a plasma-source gas flow comprising a plasma-source gas for the thermal plasma (paragraph 37). Fathalizadeh et al. teaches the nitrogen flow rate may be about 25 liters per minute (liters/min) to about 75 liters/min (paragraph 36). It is clear that the pressure and flow of the nitrogen taught by Fathalizadeh et al. would necessarily produce a laminar flow in the reaction chamber (paragraph 36). Fathalizadeh et al. teaches power density and volume of the plasma plume, which have bearing on the temperature, residence time of precursor materials, and quench rates in the reaction zone, can be modified at a given pressure by varying the input power and gas flow rates which meets a broad and reasonable interpretation of wherein the laminar flow provides a controlled residence time in a nucleation temperature field (paragraph 32). Fathalizadeh et al. teaches a nitrogen pressure of about 0.5 to about 2.5 atm, 50.6625 kPa to 253.313 kPa which overlaps with wherein a pressure in the reaction chamber is between 20 to 200 kPa (paragraph 43). As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Fathalizadeh et al. teaches the boron feedstock was pure boron powder or hexagonal boron nitride (hBN) powder injected via a powder feeder and pure N2 carrier gas into port 207 which meets a broad and reasonable interpretation of providing a boron source to the thermal plasma through a probe into the thermal plasma to provide boron (paragraph 32). Fathalizadeh et al. teaches the boron-containing species includes crystalline boron powder or only crystalline boron powder which meets the limitation of crystalline boron nitride (paragraph 38). Fathalizadeh et al. teaches both the nitrogen in the directed flow of the plasma and the nitrogen in the carrier gas may react with boron from the boron-containing species to form boron nitride nanostructures such as nanosheets are formed which meets a broad and reasonable interpretation of reacting the boron with the nitrogen to form the single crystalline boron nitride nanosheets (SC- BNNS) (paragraphs 40 and 42). Fathalizadeh et al. does not specify a sheath gas or two-dimensional nucleation downstream in the growth zone.
Kim et al. teaches a process for producing boron nitride nanotubes (BNNTs) comprising providing one or more sources of boron, nitrogen and hydrogen to a stable induction plasma to form a reaction mixture of boron, nitrogen and hydrogen in the plasma, and cooling the reaction mixture to form BNNTs (paragraph 15). Kim et al. teaches one or more inlets also provide means by which a sheath gas may be provided to the plasma wherein the sheath gas suitably comprises an inert gas that assists in stabilizing the plasma (paragraph 19). It would have been obvious to one of ordinary skill in the art at the time of filing to use a sheath gas for the plasma taught by Fathalizadeh et al. because a sheath gas stabilizes the plasma. Furthermore, Kim et al. teaches cooling of the vapors in the reaction chamber permits nucleation of boron droplets that can then react with nitrogen species to start the formation of BNNTs (paragraph 64). It would be obvious to one of ordinary skill in the art to cool (quench) the boron vapors and nucleate the boron droplets taught by Fathalizadeh et al. so that the boron can react with the nitrogen to form the desired crystalline boron nitride nanosheets.
Regarding claims 2 and 3, Kim et al. teaches doping BNNTs with carbon permits band gap engineering to tailor electronic and/or thermal properties of the nanotubes for specific applications (paragraph 30). Kim et al. teaches carbon sources such as acetylene and methane (paragraph 30). It would have been obvious to one of ordinary skill in the art at the time of filing to dope the boron nitride taught by Fathalizadeh et al. because carbon permits band gap engineering to tailor electronic and/or thermal properties of the nanotubes for specific applications.
Regarding claim 4, Fathalizadeh et al. teaches a reaction chamber (220) that has a cross sectional area bigger than the plasma zone (205) and thus meets a broad and reasonable interpretation of wherein the reaction chamber has a cross sectional surface area that increases downstream from the plasma zone (Figure 1).
Regarding claim 5, Fathalizadeh et al. in view of Kim et al. does not teach the reactor has a conical geometry. It is the position of the Office that one of ordinary skill in the art could determine through routine experimentation an optimal shape to the direct the downstream flow of the reaction.
Regarding claim 6, Fathalizadeh et al. teaches wherein the reaction chamber is cylindrical and includes peripheral inlets (Figure 1).
Regarding claim 7, Fathalizadeh et al. teaches boron-containing species can consist of boron powder, boron nitride powder, and/or boron oxide powder which meets the limitation of wherein the boron source is in a solid, liquid, or gaseous state (abstract).
Regarding claims 8 and 9, Fathalizadeh et al. teaches the plasma chamber is a composite structure, with an inner water-cooled porous structure surrounded by an alumina cylinder (paragraph 26). Fathalizadeh et al. teaches boron is introduced through ports that enter the cooled plasma chamber (paragraph 27).
Regarding claims 10 and 11, Fathalizadeh et al. teaches a nitrogen pressure of about 0.5 to about 2.5 atm, 50.6625 kPa to 253.313 kPa, which overlaps wherein the pressure in the reaction chamber is between 40 to 75 kPa and overlaps with wherein the pressure in the reaction chamber is between 60 to 64 kPa (paragraph 43).
Regarding claim 12, Fathalizadeh et al. teaches water cooling the reaction chamber (paragraph 32).
Regarding claim 13, Fathalizadeh et al. teaches argon and nitrogen as plasma gas (paragraph 23).
Regarding claim 14, Fathalizadeh et al. teaches boron powder, boron nitride, boron carbide, boron trioxide, boric acid (paragraph 27).
Regarding claim 15, Fathalizadeh et al. teaches wherein the thermal plasma is an inductively coupled thermal plasma powered by radio frequency (paragraph 36).
Regarding claim 16, Fathalizadeh et al. teaches residence time of precursor materials, and quench rates in the reaction zone, can be modified at a given pressure by varying the input power and gas flow rates which meets the limitation of comprising the step of modifying a residence time in the reaction chamber to control a lateral size and thickness of the single crystalline boron nitride nanosheets or the single crystalline boron carbon nitride nanosheets (paragraph 32).
Regarding claim 17, Kim et al. teaches no metallic catalyst is required (paragraph 66).
Regarding claim 18, Fathalizadeh et al. teaches an atomic B/N ratio of 1.0/1.0 wherein the single crystalline boron nitride nanosheets have an atomic B:N ratio of between 0.95:1.05 to 1.05:0.95 (paragraph 64).
Regarding claim 19, Kim et al. teaches single layered h-BN sheets (paragraph 3).
Regarding claim 20, Fathalizadeh et al. teaches width and length of 50nm to 150nm (paragraph 42).
Regarding claim 21, Fathalizadeh et al. teaches high crystallininty (paragraph 63).
Regarding claim 22, Kim et al. teaches temperature of the plasma may be in a range of 1,000-10,000 K which encompasses wherein the nucleation temperature field is between 2000 to 5000 K (paragraph 21).
Regarding claim 23, Fathalizadeh et al. teaches a method including generating a directed flow of plasma using nitrogen gas (paragraph 7).
Conclusion
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/GUINEVER S GREGORIO/Primary Examiner, Art Unit 1732 12/26/2025