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 .
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.
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.
Claim(s) 1, 3, 5-7 and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goeppert et al (US 20160199810; hereinafter Goeppert).
As regarding claim 1, Goeppert discloses the claimed invention for an acidic gas adsorbent comprising: a porous body; and an amine compound being a solid and being supported on surfaces of pores of the porous body ([0029]-[0032], [0047]-[0070], [0074]-[0079], examples and claims).
As regarding claim 3, Goeppert discloses all of limitations as set forth above. Goeppert discloses the claimed invention for a cover layer covering the surfaces, wherein the cover layer includes the amine compound ([0041], [0047]-[0070], [0074]-[0079]).
As regarding claim 5, Goeppert discloses all of limitations as set forth above. Goeppert discloses the claimed invention for wherein the porous body has a shape of being particulate ([0080] and claim 2).
As regarding claim 6, Goeppert discloses all of limitations as set forth above. Goeppert discloses the claimed invention for wherein the porous body includes silica ([0041] and [0050]).
As regarding claim 7, Goeppert discloses all of limitations as set forth above. Goeppert discloses the claimed invention for wherein the amine compound includes an amine polymer including a constitutional unit derived from an epoxy monomer ([0055] and claim 4).
As regarding claim 11, Goeppert discloses all of limitations as set forth above. Goeppert discloses the claimed invention for wherein the porous body has a specific surface area of 50 to 800 m2/g ([0050]).
As regarding claim 12, Goeppert discloses the claimed invention for a method for producing an acidic gas adsorbent, the method comprising: mixing a porous body and a compound group including at least one selected from the group consisting of an amine monomer and an amine prepolymer, to bring the compound group into contact with surfaces of pores of the porous body; and forming, by causing the compound group to react, an amine compound being a solid and being supported on the surfaces of the pores of the porous body ([0029]-[0032], [0047]-[0070], [0074]-[0079], examples and claims).
As regarding claim 13, Goeppert discloses all of limitations as set forth above. Goeppert discloses the claimed invention for an acidic gas adsorption device comprising an adsorption part having a gas inlet and a gas outlet, wherein the adsorption part contains the acidic gas adsorbent ([0095]-[0096]).
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.
Claim(s) 2, 4, and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Goeppert et al (US 20160199810; hereinafter Goeppert).
As regarding claim 2, Goeppert discloses all of limitations as set forth above. Goeppert discloses the claimed invention except for wherein the porous body has a pore volume of 2.0 cm3/g or more. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the porous body has a pore volume of 2.0 cm3/g or more in order to ensure a balance between surface area, diffusion, and flow characteristics, leading to higher adsorption capacity, faster kinetics, better regenerability, and long-term structural stability, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
As regarding claim 4, Goeppert discloses all of limitations as set forth above. Goeppert discloses the claimed invention except for wherein when each pore of the porous body is assumed to have a spherical shape, the cover layer has a thickness of 5.0 nm or less, the thickness being calculated from an average pore diameter of the porous body, a pore volume of the porous body, and a pore volume of the acidic gas adsorbent. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein when each pore of the porous body is assumed to have a spherical shape, the cover layer has a thickness of 5.0 nm or less, the thickness being calculated from an average pore diameter of the porous body, a pore volume of the porous body, and a pore volume of the acidic gas adsorbent in order to preserves internal porosity, enhance diffusion and kinetics, maximizes accessible active sites and improves durability, regenerability, and manufacturing consistency, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
As regarding claim 8, Goeppert discloses all of limitations as set forth above. Goeppert discloses the claimed invention except for wherein an adsorption amount A1 of carbon dioxide when the acidic gas adsorbent is caused to be in contact with mixed gas composed of carbon dioxide, nitrogen, and water vapor for 15 hours is 0.1 mmol/g or more, where the carbon dioxide in the mixed gas has a concentration of 400 vol ppm and the mixed gas has a temperature of 23°C and a humidity of 50%RH. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein an adsorption amount A1 of carbon dioxide when the acidic gas adsorbent is caused to be in contact with mixed gas composed of carbon dioxide, nitrogen, and water vapor for 15 hours is 0.1 mmol/g or more, where the carbon dioxide in the mixed gas has a concentration of 400 vol ppm and the mixed gas has a temperature of 23°C and a humidity of 50%RH in order to ensure that the adsorbent is practical for ambient CO2 capture, resilient in humid air, efficient in material use, and suitable for long-term cycling, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claim 9 is likewise rejected with reasons analogous to those set forth for claim 8 above.
As regarding claim 10, Goeppert discloses all of limitations as set forth above. Goeppert discloses the claimed invention except for wherein the porous body has an average pore diameter of 5 to 50 nm. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the porous body has an average pore diameter of 5 to 50 nm in order to provide a balanced structure where adsorption capacity, diffusion rate, active site accessibility and structural stability are all maximized, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Conclusion
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/DUNG H BUI/ Primary Examiner, Art Unit 1773
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