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 § 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 for “metal/metal oxide” composite particles but it is unclear if particles are intended as a combination of metal and metal oxide or in an alternative form of metal or metal oxide. For purposes of examination, metal/metal oxide composite particles are interpreted as a combination of metal and metal oxide particles.
Claim Rejections - 35 USC § 102
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 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) 1-13 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwon et al (KR 20180114715).
With respect to claim 1, Kwon discloses the structure of the composite heating film claimed including conductive sheets (111) stacked in a layered structure, and metal/metal oxide composite particles (shown by metallocene having metal 114 and metal oxide particles 116; para 0083-0085) that are intercalated between the conductive sheets (also, see Figure 1).
With respect to claims 2 and 3, Kwon discloses the conductive sheet that is two-dimensional having a material including graphene or graphene oxide (also, see para 0005 and 0013).
With respect to claims 4-7, Kwon discloses the metal/metal oxide composite particles including a metal oxide (116) and a metal part (114) as the metal part is made by reducing a portion of the metal oxide from the metallocene composite; para 0085) wherein the metal oxide being an insulator and the metal part being a conductor that provides a conductive pathway electrically connecting the conductive sheets.
With respect to claim 8, Kwon discloses the metal/metal oxide composite particles that is phase-separated mixture of a metal oxide and a metal as the metal oxide is decomposed from metal/metal oxide composite (also, para 0084 and 0085).
With respect to claim 9, Kwon discloses the metal/metal oxide composite material particle, which is shown by a metallocene catalyst having a metal material that is sandwiched by two anions (para 0084) which shows a higher atomic ratio of metal anion (two parts) compared to the metal (one part, e.g. iron F having no oxidation number as compared to F2O3).
With respect to claim 10, Kwon discloses the composite heating film claimed including obtaining a conducive sheet dispersion solution in which a conductive sheet (graphene oxide) is dispersed in a dispersed medium (e.g., water; para 0020), adding a metal oxide precursor (metallocene catalyst) to the conductive sheet dispersion solution, forming a film using the conductive sheet dispersion solution, and reducing the film through thermal treatment in an oven (para 0106).
With respect to claims 11 and 12, Kwon discloses the conductive sheet dispersion solution that is a liquid crystal phase which includes the conductive sheet (shown by crystalline a graphene oxide sheet) in the liquid medium (e.g., water; para 0107).
With respect to claim 13, Kwon discloses the metal oxide precursor including having a metal (e.g., iron) paired with anions (para 0084) as a metal salt.
With respect to claim 16, Kwon discloses the formation of a film by a filtration (para 0070).
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.
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon et al (KR 20180114715) in view of Zhamu et al (US 2017/0162291).
Kwon discloses the method claimed including the thermal treatment of the film formed by the conductive sheet dispersion solution wherein the film/sheet is subjected to the thermal treatment in an oven (para 0106) but does not show a temperature of the thermal treatment that is higher than a temperature at which the metal cation is reduced.
Zhamu discloses it is known to form a film using conductive sheets including graphene oxide sheets wherein the film is dried and subjected to a thermal treatment at a temperature that ranges 55º C to 3,200º C (para 0024) to produce a reduced graphene oxide layer wherein the film includes metals or metal cation (para 0033) as a binder that bonds the graphene sheets (para 0020) wherein such film produces a highly thermal and electrical conductive film (para 0001).
In view of Zhamu, it would have been obvious to one of ordinary skill in the art to adapt Kwon with the thermal treatment of the film at a higher temperature (e.g., including temperatures of 700º C to 900º C as the claimed higher temperature; see page 12, lines 3-9 of the Applicant’s specification) to predictably produce the reduced graphene oxide conductive sheets along with the metal ions being the binder or the catalyst that bonds the conductive sheets to produce a highly thermal and electrical conductive film.
With respect to claim 15, Zhamu discloses that the thermal treatment temperature of 55º C to 3,200º C that overlaps with the claimed range of 700º C to 900º C wherein the claimed range can be predictably selected for the desired optimization of the reduced graphene oxide conductive sheets.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon et al (KR 20180114715) in view of Simonato et al (US 2018/0014359).
Kwon discloses the composite heating film claimed except for using the composite heating film with a pair of electrodes electrically connected thereto.
Simonato discloses a heating element having a heating film/layer that comprises graphene or graphene oxides (para 0048) wherein a pair of electrodes/pad (21) is connected to the heating film to supply electric power thereto.
In view of Simonato, it would have been obvious to one of ordinary skill in the art to adapt Kwon with a pair of electrodes provided to the composite heating film to predictably render the heating film as an electric heating element as known in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Geo et al (US 2019/0023575) discloses for forming of graphene oxide sheets.
Gallastegui et al (US 2015/0122800) discloses for a heating element with a graphene oxide layer as a heating layer.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG Y PAIK whose telephone number is (571)272-4783. The examiner can normally be reached 9:00-5:30; M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven W. Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANG Y PAIK/Primary Examiner, Art Unit 3761
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