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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claim 1 and 2 in the reply filed on 01/29/2026 is acknowledged.
Claim 3 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/29/2026.
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 and 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sainsbury et al. (U.S. Pub. No. 2010/0051879) in view of Thiery et al. (U.S. Pub. 2015/0284534).
Regarding claim 1, Sainsbury et al. teaches a plasma treatment has been used to modify the surface of BNNTs which meets the preamble of a plasma treat method (abstract). Sainsbury et al. teaches the cohesive energy of a hexagonal B-N bond and the creation of defects at the BNNT surface which meets the limitation of plasma-treating a hexagonal boron nitride powder (paragraph 47). Sainsbury et al. teaches the exemplary embodiments use a high-frequency RF fields which meets the limitation of applying high frequency waves to an electrode installed outside the treatment container (paragraph 33). Sainsbury et al. teaches ammonia gas is then flowed into the chamber under a pressure of about 400 Pa and an ammonia plasma is generated by applying about 200 W of microwave power through a quartz window 160 at the top of the chamber 150 and a negative bias of about 100 V bias to the substrate holder 130 for about 10 min at room temperature which meets the limitation of supplying a plasma generating gas into the treatment container and maintaining inside of the treatment container at a pressure lower than atmospheric pressure (paragraph 43).
Thierry et al. teaches amount of particles are placed into a process container that has a center axis with at least a portion of the process container capable of being rotated, moved, or vibrated, such that the particles are stirred or moved which meets a broad and reasonable interpretation of storing the hexagonal boron nitride powder in a treatment container (paragraph 8). Thierry et al. teaches process container may be any shape that induces or allows particles to be effectively tumbled or moved such that their surface area is exposed to the energetic species or reactive gas during the process under low pressure conditions which meets a broad and reasonable interpretation of plasma treatment method of plasma-treating a powder under reduced pressure (paragraphs 9 and 14). Thierry et al. teaches during operation, at least a portion of the process container may be rotated by a motor around its center axis (e.g., z axis), vibrated, or otherwise moved, i.e., vertically or at some other angle in the direction of the x, y, or z axis in order to cause the particles to be agitated, moved or tumbled, thereby, exposing a greater amount of surface area to the energetic reactive species generated by the interaction of the plasma and gas or upon exposure to a reactive gas (paragraph 46). Thierry et al. teaches one or more power sources are used to supply the energy necessary to form a plasma in the gas stream wherein he electrodes may be located either in the process container or outside the process container which meets the limitation of applying high frequency waves to an electrode installed outside the treatment container while rotating the treatment container about a central axis of the treatment container as a rotation axis in a state in which the rotation axis of the treatment container is inclined with respect to horizontal (paragraphs 9-12). Thierry et al. teaches low pressure system may incorporate one or more high frequency generators or power sources to supply the energy necessary to form the plasma in the gas stream which meets the limitation of supplying a plasma generating gas into the treatment container and maintaining inside of the treatment container at a pressure lower than atmospheric pressure (paragraph 44). Thierry et al. teaches the low pressure system or apparatus that is used to modify the surface energy of particles according to the teachings of the present disclosure generally comprises at least one vacuum chamber, a process container located in and exposed to the vacuum chamber, a vacuum pump system to reduce the pressure in the vacuum chamber to an initial pressure that is below atmospheric pressure and variable; at least one gas stream comprising one or more reactive gases or precursors to reactive energetic species which meets the limitation of supplying a plasma generating gas into the treatment container and maintaining inside of the treatment container at a pressure lower than atmospheric pressure (paragraph 43). Thierry et al. teaches the process may also include cooling the particles, vacuum chamber, and/or electrode which meets the limitation of cooling one or both of the treatment container and the electrode during the plasma treatment (paragraph 51). Thierry et al. teaches during the formation of a dispersion in a flowable medium, the presence of the surface treatment on the particles assists in reducing or eliminating the reoccurrence of particle agglomeration or flocculation (paragraph 38). It would have been obvious to one of ordinary skill in the art at the time of filing to use the apparatus and a process for modifying the surface energy of particles taught by Thierry et al. for the method of modifying the surface of BNNTs taught by Sainsbury et al. because the process/apparatus taught by Thierry et al. reduces or eliminates the reoccurrence of particle agglomeration or flocculation.
Regarding claim 2, Sainsbury et al. teaches a plasma treatment has been used to modify the surface of BNNTs which meets the preamble of a plasma treat method (abstract). Sainsbury et al. teaches the cohesive energy of a hexagonal B-N bond and the creation of defects at the BNNT surface which meets the limitation of plasma-treating a hexagonal boron nitride powder (paragraph 47). Sainsbury et al. teaches the exemplary embodiments use a high-frequency RF fields which meets the limitation of applying high frequency waves to an electrode installed outside the treatment container (paragraph 33). Sainsbury et al. teaches ammonia gas is then flowed into the chamber under a pressure of about 400 Pa and an ammonia plasma is generated by applying about 200 W of microwave power through a quartz window 160 at the top of the chamber 150 and a negative bias of about 100 V bias to the substrate holder 130 for about 10 min at room temperature which meets the limitation of supplying a plasma generating gas into the treatment container and maintaining inside of the treatment container at a pressure lower than atmospheric pressure (paragraph 43).
Thierry et al. teaches amount of particles are placed into a process container that has a center axis with at least a portion of the process container capable of being rotated, moved, or vibrated, such that the particles are stirred or moved which meets a broad and reasonable interpretation of storing the hexagonal boron nitride powder in a treatment container (paragraph 8). Thierry et al. teaches process container may be any shape that induces or allows particles to be effectively tumbled or moved such that their surface area is exposed to the energetic species or reactive gas during the process under low pressure conditions which meets a broad and reasonable interpretation of plasma treatment method of plasma-treating a powder under reduced pressure (paragraphs 9 and 14). Thierry et al. teaches during operation, at least a portion of the process container may be rotated by a motor around its center axis (e.g., z axis), vibrated, or otherwise moved, i.e., vertically or at some other angle in the direction of the x, y, or z axis in order to cause the particles to be agitated, moved or tumbled, thereby, exposing a greater amount of surface area to the energetic reactive species generated by the interaction of the plasma and gas or upon exposure to a reactive gas (paragraph 46). Thierry et al. teaches one or more power sources are used to supply the energy necessary to form a plasma in the gas stream wherein he electrodes may be located either in the process container or outside the process container which meets the limitation of applying high frequency waves to an electrode installed outside the treatment container while rotating the treatment container about a central axis of the treatment container as a rotation axis in a state in which the rotation axis of the treatment container is inclined with respect to horizontal (paragraphs 9-12). Thierry et al. teaches low pressure system may incorporate one or more high frequency generators or power sources to supply the energy necessary to form the plasma in the gas stream which meets the limitation of supplying a plasma generating gas into the treatment container and maintaining inside of the treatment container at a pressure lower than atmospheric pressure (paragraph 44). Thierry et al. teaches the low pressure system or apparatus that is used to modify the surface energy of particles according to the teachings of the present disclosure generally comprises at least one vacuum chamber, a process container located in and exposed to the vacuum chamber, a vacuum pump system to reduce the pressure in the vacuum chamber to an initial pressure that is below atmospheric pressure and variable; at least one gas stream comprising one or more reactive gases or precursors to reactive energetic species which meets the limitation of supplying a plasma generating gas into the treatment container and maintaining inside of the treatment container at a pressure lower than atmospheric pressure (paragraph 43). Thierry et al. teaches the process may also include cooling the particles, vacuum chamber, and/or electrode which meets the limitation of cooling one or both of the treatment container and the electrode during the plasma treatment (paragraph 51). Thierry et al. teaches during the formation of a dispersion in a flowable medium, the presence of the surface treatment on the particles assists in reducing or eliminating the reoccurrence of particle agglomeration or flocculation (paragraph 38). It would have been obvious to one of ordinary skill in the art at the time of filing to use the apparatus and a process for modifying the surface energy of particles taught by Thierry et al. for the method of modifying the surface of BNNTs taught by Sainsbury et al. because the process/apparatus taught by Thierry et al. reduces or eliminates the reoccurrence of particle agglomeration or flocculation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Koizumi et al. (JP2017-012970; translation provided Google Patents 03/2026) teaches a plasma powder processing apparatus and a plasma powder processing method for modifying the surface of powder fine particles comprising a cylinder, reduced pressure and rf plasma.
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/GUINEVER S GREGORIO/Primary Examiner, Art Unit 1732 03/03/2026