DETAILED ACTION
Citation to the Specification will be in the following format: (S. # : ¶/L) where # denotes the page number and ¶/L denotes the paragraph number or line number. Citation to patent literature will be in the form (Inventor # : LL) where # is the column number and LL is the line number. Citation to the pre-grant publication literature will be in the following format (Inventor # : ¶) where # denotes the page number and ¶ denotes the paragraph number.
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 .
Status of Application
This office action is in response to the papers as filed 8/18/2023.
Claim(s) 1-6 is/are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/18/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC §§ 102-103
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.
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.
I. Claim(s) 1-5 – or as stated below - is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by WO 2020/138379 to Fujimori, et al. (cited by Applicants, 07-02-2020, C01B 32/158).
US 2022/0064002 to Fujimori, et al. is relied upon as a translation, to which citation is given. The different sections of the statute apply to the different documents.
With respect to Claim 1, this claim requires “a first step of supplying a carbon-containing gas to a plurality of catalyst particles in a suspended state in a tubular carbon nanotube synthesis furnace to grow a carbon nanotube from each of the plurality of catalyst particles to obtain a plurality of carbon nanotubes.” Fujimori teaches supplying a carbon containing gas and suspended catalyst particles. (Fujimori 11: [0232], [0234] et seq.). Nanotubes are grown. Id. The nanotube synthesis furnace is tubular. (Fujimori 11: [0233]).
Claim 1 further requires “a second step of assembling the plurality of carbon nanotubes together to obtain a plurality of carbon nanotube assembled wires.” Nanotubes are assembled. (Fujimori 11: [0232]: “orienting and assembling”).
Claim 1 further requires “the second step including a second A step of orienting a first carbon nanotube group composed of some of the plurality of carbon nanotubes in a longitudinal direction of the carbon nanotubes in a first channel and thus assembling the first carbon nanotube group to obtain a first carbon nanotube assembled wire.” The nanotubes are so oriented/assembled. (Fujimori Fig. 14 – note multiple channels; 13: [0266]: “honeycomb structure 29”).
Claim 1 further requires “a second B step of orienting a second carbon nanotube group composed of some of the plurality of carbon nanotubes different from the plurality of carbon nanotubes composing the first carbon nanotube group in a longitudinal direction of the carbon nanotubes in a second channel and thus assembling the second carbon nanotube group to obtain a second carbon nanotube assembled wire.” The nanotubes are so oriented. (Fujimori Fig. 14 – note multiple channels; 13: [0266]: “honeycomb structure 29”).
As to Claim 2, any of the oriented/assembled nanotubes and channels from honeycomb structure 29 can be designated a first/second channel, first/second step of orienting, etc. (Fujimori Fig. 14 – note multiple channels; 13: [0266]: “honeycomb structure 29”).
With respect to Claim 3, this claim requires “a tubular carbon nanotube synthesis furnace.” A tubular furnace is taught. (Fujimori 11: [0236]; Fig. 14).
Claim 3 further requires “a carbon-containing gas supply port provided on one end side of the carbon nanotube synthesis furnace.” A port next to gas supplying unit 22 is taught. (Fujimori [0233]; Fig. 14).
Claim 3 further requires “a first channel and a second channel provided on an end side of the carbon nanotube synthesis furnace opposite to the end provided with the carbon-containing gas supply port.” Channels are taught. (Fujimori Fig. 14 – note multiple channels; 13: [0266]: “honeycomb structure 29”).
Claim 3 further requires “the first channel and the second channel are provided in parallel in a longitudinal direction of the carbon nanotube synthesis furnace.” Parallel channels are taught. (Fujimori Fig. 14; 13: [0266]: “honeycomb structure 29”).
Claim 3 further requires “the first channel and the second channel each have an area in cross section smaller than that in cross section of the carbon nanotube synthesis furnace.” The relative areas are shown. (Fujimori Fig. 14; 13: [0266]: “honeycomb structure 29”).
As to Claim 4, the parallel arrangements of the channels are taught. (Fujimori Fig. 14 – note multiple channels; 13: [0266]: “honeycomb structure 29”).
As to Claim 5, the “structure” language is generic, and reads on any number of items in Fujimori, for example electrodes 33 and 34. (Fujimori 12: [0255] – 13: [0256]).
II. Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by WO 2020/138378 to Fujimori, et al. (cited by Applicants, 07-02-2020, C01B 32/162).
US 2022/0064003 to Fujimori, et al. (“Fujimori II”) is relied upon as a translation, to which citation is given. The different sections of the statute apply to the different documents.
With respect to Claim 1, this claim requires “a first step of supplying a carbon-containing gas to a plurality of catalyst particles in a suspended state in a tubular carbon nanotube synthesis furnace to grow a carbon nanotube from each of the plurality of catalyst particles to obtain a plurality of carbon nanotubes.” Gas is supplied (Fujimori II 7: [0176]). Catalyst particles are supplied. (Fujimori II 6: [0175]). Nanotubes are produced. (Fujimori II 7: [0179]).
Claim 1 further requires “a second step of assembling the plurality of carbon nanotubes together to obtain a plurality of carbon nanotube assembled wires.” Nanotubes are assembled. (Fujimori II 7: [0180] et seq.; passim).
Claim 1 further requires “the second step including a second A step of orienting a first carbon nanotube group composed of some of the plurality of carbon nanotubes in a longitudinal direction of the carbon nanotubes in a first channel and thus assembling the first carbon nanotube group to obtain a first carbon nanotube assembled wire.” A first group of nanotubes are oriented. (Furimori II 26: [0537], Fig. 19).
Claim 1 further requires “a second B step of orienting a second carbon nanotube group composed of some of the plurality of carbon nanotubes different from the plurality of carbon nanotubes composing the first carbon nanotube group in a longitudinal direction of the carbon nanotubes in a second channel and thus assembling the second carbon nanotube group to obtain a second carbon nanotube assembled wire.” A second group of nanotubes are oriented. (Fujimori II 26: [0537] et seq., Fig. 19).
As to Claim 2, any of the oriented/assembled nanotubes and channels from honeycomb structure 29 can be designated a first/second channel, first/second step of orienting, etc. (Fujimori II 26: [0537] et seq., Fig. 19).
With respect to Claim 3, this claim requires “a tubular carbon nanotube synthesis furnace.” A furnace is taught. (Fujimori II 10: [0223]).
Claim 3 further requires “a carbon-containing gas supply port provided on one end side of the carbon nanotube synthesis furnace.” A port is next to gas supplying unit 22. (Fujimori II 6: [0170]).
Claim 3 further requires “a first channel and a second channel provided on an end side of the carbon nanotube synthesis furnace opposite to the end provided with the carbon-containing gas supply port.” Any of the oriented/assembled nanotubes and channels from honeycomb structure 29 can be designated a first/second channel, first/second step of orienting, etc. (Fujimori II 26: [0537] et seq., Fig. 19).
Claim 3 further requires “the first channel and the second channel are provided in parallel in a longitudinal direction of the carbon nanotube synthesis furnace.” The channels are parallel/longitudinal. (Fujimori II 26: [0537] et seq., Fig. 19).
Claim 3 further requires “the first channel and the second channel each have an area in cross section smaller than that in cross section of the carbon nanotube synthesis furnace.” The area is smaller. (Fujimori II 26: [0537] et seq., Fig. 19).
As to Claim 4, the channels and gas supply port have been identified above. The discussion above is relied upon.
As to Claim 5, the channels can be designated 1A, 1a, etc. Different structures with different channels are taught. (Fujimori II 26: [0537] et seq., Fig. 19).
As to Claim 6, structure is generic. Any number of honeycomb units can be designated as structures. (Fujimori II 26: [0537] et seq., Fig. 19).
Conclusion
WO 2020/171047 to Hikata, et al. (cited by Applicants; 08-27-2020; C01B 32/16) is made of record. US 2022/0153585 to Hikata, et al. is relied upon as a translation, to which citation is given. Hikata is similar, but employs carbon-containing liquids versus the carbon-containing gas, as claimed. See (Hikata 5: [0137] et seq. – mist generating step; 5: [0147] – liquid carbon source).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL C. MCCRACKEN whose telephone number is (571) 272-6537. The examiner can normally be reached on Monday-Friday (9-6).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony J. Zimmer can be reached on 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL C. MCCRACKEN/Primary Examiner, Art Unit 1736
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