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 .
Response to Amendment
1. Applicant’s amendments with respect to claims filed on 07/03/2026 have been entered. Claims 1-4, 7-13, and 16-21 remain pending in this application and are currently under consideration for patentability under 37 CFR 1.104. Claims 5-6 and 14-15 have been cancelled and claims 17-21 have been withdrawn from consideration.
The amendments and remarks filed are sufficient to cure the previous 35 U.S.C. 112 rejections set forth in the Non-Final office action mailed on 05/22/2026.
Claim Rejections - 35 USC § 103
2. 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 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.
3. Claim(s) 1-4, 7-13, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al. (Pub. No. CN 110911694 A) in view of Kishida et al. (Pub. No. US 20170117555 A1) in view of Cho et al. (Pub. No. US 20150340117 A1).
Regarding claim 1, Liang teaches a method of altering a degree of curvature of a molecular catalyst for CO.sub.2 reduction reaction (CO.sub.2RR) for higher catalytic activity (method of preparing an electrocatalyst, see [0011]), comprising: providing a carbon nanotube (carbon nanomaterial, see [0011], see [0091] gives specific example of using carbon nanotubes); providing a molecular catalyst (metal phthalocyanine, see [0011], see [0091] gives specific example of cobalt phthalocyanine) having active sites for CO.sub.2RR (catalyzing reduction of carbon dioxide, see [0011], although the metal phthalocyanine is not specifically mentioned as having active sites, see [0057] the metal phthalocyanine have excellent electrocatalytic reduction of carbon dioxide, therefore it is the Examiner’s opinion that the metal phthalocyanine would exhibit active sites); dispersing the molecular catalyst (metal phthalocyanine, see [0011], see [0091] gives specific example of cobalt phthalocyanine) on the carbon nanotube (carbon nanomaterial, see [0011], see [0091] gives specific example of using carbon nanotubes, see [0011] the metal phthalocyanine is combined with carbon nanomaterials using π-π interaction, see [0091] the materials are mixed); but fails to explicitly teach wherein the carbon nanotube is single-walled carbon nanotubes (SWCNT), wherein the SWCNT has a diameter of 1-6 nm, and inducing a curvature of the active sites of the molecular catalyst, wherein the curvature has a degree of curvature ranging from 1 degree to 96 degree.
However, Kishida teaches wherein the carbon nanotube (CNTs, see [0044]) is single-walled carbon nanotubes (SWCNT) (single-walled carbon nanotubes (SWCNTs), see [0044]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Liang such that the carbon nanotubes of the carbon nanomaterial are single walled carbon nanotubes as taught by Kishida as an art effective equivalent carbon nanotube for supporting redox catalyst (see [0046] of Kishida) and increasing electrical conductivity and mechanical properties (see [0044] of Kishida). Further Liang teaches that modifications can be made (see [00106] of Liang).
Liang in view of Kishida fails to teach wherein the SWCNT has a diameter of 1-6 nm, and inducing a curvature of the active sites of the molecular catalyst, wherein the curvature has a degree of curvature ranging from 1 degree to 96 degree.
However, Cho teaches wherein the SWCNT (carbon nanotube, see [0045], see [0002] where carbon nanotubes include/can be SWCNT) has a diameter of 1-6 nm (3 to 10 nm, see [0045]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Liang in view of Kishida such that the diameter of the SWCNTs is 3-10 nm as taught by Cho to improve dispersion of the carbon nanotubes (see [0045] of Cho). Further it would have been obvious to modify the diameter to stay within 3-6 nm as Cho teaches the diameter is a result effective variable of improving dispersion of carbon nanotubes, and a prima facie case of obviousness exists “in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art” (MPEP 2144.05.I). Further Liang in view of Kishida teaches that modifications can be made (see [00106] of Liang).
Liang in view of Kishida in view of Cho is silent to inducing a curvature of the active sites of the molecular catalyst, and wherein the curvature has a degree of curvature ranging from 1 degree to 96 degree.
However, the method taught by Liang in view of Kishida in view of Cho teaches the same method and reactants as the present invention. Therefore one of ordinary skill in the art would expect the same method using the same reactants to produce the same product and therefore expect the method as taught by Liang in view of Kishida in view of Cho to induce a curvature of the active sites of the molecular catalyst, and a degree of curvature of the curvature to be within or overlap the claimed range in a way which obviates the claimed range.
Regarding claim 2, Liang in view of Kishida in view of Cho teaches wherein the dispersing the molecular catalyst (metal phthalocyanine, see [0011], see [0091] gives specific example of cobalt phthalocyanine) on the SWCNT (single-walled carbon nanotubes (SWCNTs), see [0044] of Kishida, see modifications above) comprises: providing a solution (solvent, see [0011]) having N,N-dimethylformamide (N, N-dimethylformamide, see [0064], see [0091] gives a specific example of solvent being N, N-dimethylformamide); adding the molecular catalyst (metal phthalocyanine, see [0011], see [0091] gives specific example of cobalt phthalocyanine) and the SWCNT (single-walled carbon nanotubes (SWCNTs), see [0044] of Kishida, see modifications above) into the solution (solvent, see [0011] where each of the materials is dispersed in N, N-dimethylformamide and mixed together into one mixture); performing a sonication (ultrasonicated, see [0011], see [0091] gives a specific example of the ultrasonication) to the solution (solvent, see [0011] where the mixture of solvent, metal phthalocyanine, and carbon nanomaterial is ultrasonicated, see [0091] gives an example showing the ultrasonication); and performing a magnetic stirring (magnetic stirring, see [0091]) to the solution (solvent, see [0011] where the mixture of solvent, metal phthalocyanine, and carbon nanomaterial are magnetically stirred).
Regarding claim 3, Liang in view of Kishida in view of Cho teaches, wherein the inducing the curvature of the active sites of the molecular catalyst comprises: initiating a non-parallel π-π interactions (see [0011] the metal phthalocyanine is combined with carbon nanomaterials using π-π interaction) between the molecular catalyst (metal phthalocyanine, see [0011], see [0091] gives specific example of cobalt phthalocyanine) and the SWCNT (single-walled carbon nanotubes (SWCNTs), see [0044] of Kishida, see modifications above), but is silent to wherein the inducing the curvature of the active sites of the molecular catalyst comprises: initiating a non-parallel π-π interactions.
However, Liang in view of Kishida in view of Cho teaches the same method and reactants as the present invention. Therefore one of ordinary skill in the art would expect the same method using the same reactants to produce the same product and would therefore expect the method as taught by Liang in view of Kishida in view of Cho to exhibit wherein the inducing the curvature of the active sites of the molecular catalyst comprises: initiating a non-parallel π-π interactions.
Regarding claim 4, Liang in view of Kishida in view of Cho is silent to wherein the inducing the curvature of the active sites of the molecular catalyst comprises: bending the active sites of the molecular catalyst from a flat configuration to a curved configuration.
However, Liang in view of Kishida in view of Cho teaches the same method and reactants as the present invention. Therefore one of ordinary skill in the art would expect the same method using the same reactants to produce the same product and would therefore expect the method as taught by Liang in view of Kishida in view of Cho to exhibit wherein the inducing the curvature of the active sites of the molecular catalyst comprises: bending the active sites of the molecular catalyst from a flat configuration to a curved configuration.
Regarding claim 7, Liang in view of Kishida in view of Cho teaches wherein the molecular catalyst (metal phthalocyanine, see [0011], see [0091] gives specific example of cobalt phthalocyanine) is a macrocyclic molecule (see [0013] wherein the metal phthalocyanine is represented by Fig. 1 which is a macrocyclic molecule) selected from a metal phthalocyanine (metal phthalocyanine, see [0011], see [0091] gives specific example of cobalt phthalocyanine), a metal porphyrin, a metal tetraphenylporphyrin, or a metal quaterpyridine.
Regarding claim 8, Liang in view of Kishida in view of Cho teaches wherein the metal (metal of metal phthalocyanine, see [0011]) comprises cobalt (Co) (cobalt phthalocyanine, see [0017], see [0091] gives specific example), nickel (Ni) (nickel phthalocyanine, see [0017], see [0078] gives a specific example), manganese (Mn) (manganese phthalocyanine, see [0017]), and iron (Fe) (iron phthalocyanine, see [0017]).
Regarding claim 9, Liang in view of Kishida in view of Cho teaches wherein the molecular catalyst (metal phthalocyanine, see [0011], see [0091] gives specific example of cobalt phthalocyanine) is a cobalt phthalocyanine (cobalt phthalocyanine, see [0017], see [0091] gives specific example) or a nickel phthalocyanine (nickel phthalocyanine, see [0017], see [0078] gives a specific example).
Regarding claim 10, Liang teaches a method of altering degree of curvature of a molecular catalyst comprising: comprising: providing a carbon nanotube (carbon nanomaterial, see [0011], see [0091] gives specific example of using carbon nanotubes); providing a molecular catalyst (metal phthalocyanine, see [0011], see [0091] gives specific example of cobalt phthalocyanine); dispersing the molecular catalyst (metal phthalocyanine, see [0011], see [0091] gives specific example of cobalt phthalocyanine) on the carbon nanotube (carbon nanomaterial, see [0011], see [0091] gives specific example of using carbon nanotubes, see [0011] the metal phthalocyanine is combined with carbon nanomaterials using π-π interaction, see [0091] the materials are mixed); but fails to explicitly teach wherein the carbon nanotube is single-walled carbon nanotubes (SWCNT), wherein the SWCNT has a diameter of 1-6 nm, and inducing a curvature of active sites of the molecular catalyst, wherein the curvature has a degree of curvature ranging from 1 degree to 96 degree.
However, Kishida teaches wherein the carbon nanotube (CNTs, see [0044]) is single-walled carbon nanotubes (SWCNT) (single-walled carbon nanotubes (SWCNTs), see [0044]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Liang such that the carbon nanotubes of the carbon nanomaterial are single walled carbon nanotubes as taught by Kishida as an art effective equivalent carbon nanotube for supporting redox catalyst (see [0046] of Kishida) and increasing electrical conductivity and mechanical properties (see [0044] of Kishida). Further Liang teaches that modifications can be made (see [00106] of Liang).
Liang in view of Kishida is silent to wherein the SWCNT has a diameter of 1-6 nm, and inducing a curvature of active sites of the molecular catalyst, wherein the curvature has a degree of curvature ranging from 1 degree to 96 degree.
However, Cho teaches wherein the SWCNT (carbon nanotube, see [0045], see [0002] where carbon nanotubes include/can be SWCNT) has a diameter of 1-6 nm (3 to 10 nm, see [0045]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Liang in view of Kishida such that the diameter of the SWCNTs is 3-10 nm as taught by Cho to improve dispersion of the carbon nanotubes (see [0045] of Cho). Further it would have been obvious to modify the diameter to stay within 3-6 nm as Cho teaches the diameter is a result effective variable of improving dispersion of carbon nanotubes, and a prima facie case of obviousness exists “in the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art” (MPEP 2144.05.I). Further Liang in view of Kishida teaches that modifications can be made (see [00106] of Liang).
Liang in view of Kishida in view of Cho is silent to inducing a curvature of the active sites of the molecular catalyst, and wherein the curvature has a degree of curvature ranging from 1 degree to 96 degree.
However, the method taught by Liang in view of Kishida in view of Cho teaches the same method and reactants as the present invention. Therefore one of ordinary skill in the art would expect the same method using the same reactants to produce the same product and therefore expect the method as taught by Liang in view of Kishida in view of Cho to induce a curvature of the active sites of the molecular catalyst, and a degree of curvature of the curvature to be within or overlap the claimed range in a way which obviates the claimed range.
Regarding claim 11, Liang in view of Kishida in view of Cho teaches wherein the molecular catalyst (metal phthalocyanine, see [0011], see [0091] gives specific example of cobalt phthalocyanine) is a macrocyclic molecule (see [0013] wherein the metal phthalocyanine is represented by Fig. 1 which is a macrocyclic molecule) selected from a metal phthalocyanine (metal phthalocyanine, see [0011], see [0091] gives specific example of cobalt phthalocyanine), a metal porphyrin, a metal tetraphenylporphyrin, or a metal quaterpyridine.
Regarding claim 12, Liang in view of Kishida in view of Cho teaches wherein the metal (metal of metal phthalocyanine, see [0011]) comprises cobalt (Co) (cobalt phthalocyanine, see [0017], see [0091] gives specific example), nickel (Ni) (nickel phthalocyanine, see [0017], see [0078] gives a specific example), manganese (Mn) (manganese phthalocyanine, see [0017]), and iron (Fe) (iron phthalocyanine, see [0017]).
Regarding claim 13, Liang in view of Kishida in view of Cho fails to specifically teach wherein the molecular catalyst is an iron phthalocyanine.
However, Liang further teaches wherein the molecular catalyst (metal phthalocyanine, see [0011]) is an iron phthalocyanine (iron phthalocyanine, see [0017]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Liang in view of Kishida in view of Cho such that the metal phthalocyanine is iron phthalocyanine as Liang teaches it is known in the art to do so. Further Liang in view of Kishida in view of Cho teaches that modifications can be made (see [00106] of Liang).
Regarding claim 16, Liang in view of Kishida in view of Cho is silent to wherein the inducing the curvature of the active sites of the molecular catalyst comprises: bending the active sites of the molecular catalyst from a flat configuration to a curved configuration.
However, Liang in view of Kishida in view of Cho teaches the same method and reactants as the present invention. Therefore one of ordinary skill in the art would expect the same method using the same reactants to produce the same product and would therefore expect the method as taught by Liang in view of Kishida in view of Cho to exhibit wherein the inducing the curvature of the active sites of the molecular catalyst comprises: bending the active sites of the molecular catalyst from a flat configuration to a curved configuration.
Response to Arguments
4. Applicant's arguments filed 07/03/2026 have been fully considered but they are not persuasive.
Regarding applicant’s argument that one of ordinary skill in the art would not have expected the combination of Liang in view of Kishida to induce curvature of the molecular catalyst. The Examiner respectfully disagrees as the applicant has pointed out the curvature of the molecular catalyst stems from the combination of SWNCT and the molecular catalyst, therefore the combination of Liang and Kishida teaches this combination, therefore one of ordinary skill in the art would expect the same method and composition to produce the same product.
Regarding applicant’s argument that the overlapping range of SWCNT diameters taught by Cho would not have rendered obvious the claimed range of 1-6 nm because Cho does not teach a structure function relationship between the diameter of the SWCNT and the curvature of the molecular catalyst. The Examiner respectfully disagrees as the Examiner stated the overlapping range of 3-6 nm would have been obvious because Cho teaches an overlapping range and gives this diameter range as a result effective variable of improving the dispersion of carbon nanotubes. Further, the prior art is not required to teach a structure function relationship between the diameter of the SWCNT and the curvature of the molecular catalyst.
Regarding applicant’s argument that the combination of Liang in view of Kishida in view of Cho suggest selecting the claimed SWCNT diameter for the purpose of inducing the claimed molecular curvature or obtaining the resulting improvement in catalytic activity. This argument is moot as prior art is not required to teach selecting SWCNT diameter for the purpose of inducing the claimed molecular curvature, any resulting improvement. The fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. Further, Cho has given both an overlapping range and reason to modify the range of the SWCNT diameter, therefore the combination of Liang in view of Kishida in view of Cho teaches the same method and reactants therefore someone of ordinary skill in the art would expect the same product.
Conclusion
5. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/DOUGLAS C MARROQUIN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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