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 with traverse of Group I claims 1-11 in the reply filed on 07/29/2026 is acknowledged. The traversal is on the ground(s) that the common technical feature does not make a contribution over Raisanen because Raisanen discloses "strontium bismuth tantalate (SBT) and bismuth tantalate (BT)" (See column 10, line 64 - column 11, line 3 of Raisanen). Applicants respectfully assert that this is a fundamental chemical mismatch. Strontium bismuth tantalate (SBT) and bismuth tantalate (BT) are complex, bulk multi-metal ceramic oxides in which bismuth exists in an oxidized cationic state (typically Bi3+ or Bi5+). In sharp contrast, the material of claim 1 is directed to a two-dimensional crystal of metallic zero-valent bismuth (Bi(0)). One of ordinary skill in the art would immediately recognize that bulk oxidized ceramic materials do not teach, suggest, or render obvious elemental Bi(0) metal crystals. This is not found persuasive because new reference is being used to teach the common technical feature as stated above.
The requirement is still deemed proper and is therefore made FINAL.
Claims 12-28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected claims, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 07/29/2026.
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.
Claim(s) 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN 108284220) in view of Romann et al. “Formation of the bismuth thiolate compound layer on bismuth surface”.
Regarding claims 1, 7 Zhang discloses bismuthene nano-sheet and its preparation method, the preparation method by combining the probe ultrasonic and water bath ultrasonic, so as to release the bismuth powder to obtain good monodispersity, uniform size of bismuthene nano through a synergistic effect. simple process of the method and easy operation, good repeatability, bismuthene nano-sheet yield, high yield and easy to realize low-cost industrialization production (page 2), where the bismuthine nanosheet corresponds to 2D crystals as inner layer.
However, Zhang fails to disclose that the outer layers comprising organic molecules on both sides of bismuth nanosheet.
Whereas, Romann discloses structure and composition of thiolate multilayers formed at bismuth monocrystal electrodes from solutions of 1-octadecanethiol and 1-decanethiol in ethanol at open circuit potential are characterized by cyclic voltammetry, electrochemical impedance and infrared reflectance spectroscopy, optical microscopy and AFM methods. For the verification of formed thiolate layers the new compounds tris(1-octadecylthio)bismuthine and tris(1-decylthio)bismuthine were also syn thesised from bismuth(III)oxide and thiol in hexane solution and a similarity of properties with the bismuth thiolate compounds, formed at the bismuth electrode surface, has been demonstrated (abstract).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to form layers of 1-octadecanethiol and 1-decanethiol as the outer layers as taught by Romann on to both sides of bismuthene of Zhang motivated by the desire to have improved hydrophobicity and improved electrochemical characteristics.
Regarding claims 2-3, with respect to the outer layers having a thickness of 0.5-3 mm, Change in size and shape is not patently distinct over the prior art absent persuasive evidence that the particular configuration of the claimed invention is significant. See In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). MPEP 2144.04[R-1]
Regarding claims 4-5, Zhang discloses the thickness of said bismuthene nano-sheet is less than 20 nm (page 4).
Regarding claim 6, with respect to the inner layer has a rhombohedral crystal structure, Change in size and shape is not patently distinct over the prior art absent persuasive evidence that the particular configuration of the claimed invention is significant. See In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). MPEP 2144.04[R-1]
Regarding claims 8-9, Zhang discloses bismuthene nano-sheet and its preparation method, the preparation method by combining the probe ultrasonic and water bath ultrasonic, so as to release the bismuth powder to obtain good monodispersity, uniform size of bismuthene nano through a synergistic effect. simple process of the method and easy operation, good repeatability, bismuthene nano-sheet yield, high yield and easy to realize low-cost industrialization production (page 2), but fails to disclose that the crystals have a diameter greater than 1000 nm and a thickness of less than 20 nm.
Change in size and shape is not patently distinct over the prior art absent persuasive evidence that the particular configuration of the claimed invention is significant. See In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). MPEP 2144.04[R-1].
Regarding claim 10, As Zhang discloses bismuthene which is 2D crystals as presently claimed, therefore the crystals would intrinsically have the claimed aspect ratio.
Regarding claim 11, Romann discloses the existence of bismuth thiolates Bi(SR)3 (where R is phenyl, butyl or some other hydrocarbon chain) is known for a long time, however, few of them have been synthes ised yet [16,17] [page 2510]. with respect to the inner layer has a rhombohedral crystal structure, Change in size and shape is not patently distinct over the prior art absent persuasive evidence that the particular configuration of the claimed invention is significant. See In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). MPEP 2144.04[R-1].
Conclusion
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/RONAK C PATEL/Primary Examiner, Art Unit 1788
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