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 Objections
Claim(s) 1, 15, and 20 is/are objected to because of the following informalities:
As to claims 1, 15, and 20, the term “at a at least one wavelength” should read “of at least one wavelength”.
Appropriate correction is required.
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.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over David Stout of US 2018/0155195 A (hereinafter, Stout) from an IDS submitted 06/07/2023 in view of Gary Sandrock of US 2007/0025908 A1 (hereinafter, Sandrock) and Glass Jr, John A., et al. "Chemical vapor deposition precursor chemistry. 5. The photolytic laser deposition of aluminum thin films by chemical vapor deposition." Journal of Physics and Chemistry of Solids 57.5 (1996): 563-570 (hereinafter, Glass).
As to claim 1, Stout teaches to a method for producing alane, the method comprising:
forming a solution comprising an alane adduct and a Lewis acid, the alane adduct comprising alane and a coordinating ligand (Stout, paragraph [0024], teaches that alpha alane is created in 2-stage chemical reaction, wherein the reaction results in solution comprising alane etherate adduct and lithium chloride, which is a weak Lewis acid; the alane etherate adduct comprises alane and etherate as a coordinating ligand; Stout, paragraph [0024], further teaches that heating causes dissociation of ether portion of the alane etherate adduct, producing alane).
Stout does not explicitly teach exposing the solution to a laser or high-power monochromatic light.
In an analogous art, Sandrock teaches to exposing the solution to a laser or high-power monochromatic light (Sandrock, paragraphs [0146] and [0148], teaches that both mechanical and non-mechanical processes are applied for the activation of the aluminum hydride hydrogen storage composition, wherein Sandrock, paragraph [0048], teaches that the aluminum hydride is preferably non-adducted and non-solvated by organic species; Sandrock, paragraph [0148], teaches that the non-mechanical process can employ a radiative energy source, including ultraviolet light; Sandrock, paragraph [0149], teaches to exposing hydrogen storage composition to heat for hydrogen production).
Both Stout and Sandrock relate to hydrogen storage (Sandrock, paragraph [0011]). Stout does not explicitly teach to using a laser or high-power monochromatic light for desolvation of alane adduct. Stout does teach 2-stage chemical reaction, wherein the first stage forms an alane adduct and a Lewis acid and the second stage of desolvation through a thermal heating. Sandrock teaches to using an ultraviolet light for supplying energy to the hydrogen storage composition that comprise aluminum hydride adducted with organic species, such as diethyl ether or tetrahydrofuran (Sandrock, paragraph [0049]), wherein the alane adducts are preferably non-adducted and non-solvated in the aluminum hydride storage composition activation.
Accordingly, Sandrock teaches that it was well known in the art of storing and producing hydrogen with aluminum hydride compositions to have non-adducted and non-solvated the aluminum hydride compositions with thermal heating, ultraviolet radiative heating, and/or mixtures thereof. The teachings of Sandrock would have present a recognition of equivalency in the prior art and would have presented strong evidence of obviousness in substituting one method for the other in a process of the aluminum hydride storage composition activation. Please refer to MPEP 2144.06.II.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating of Stout with the radiative energy sources of Sandrock for employing a radiative energy source, thereby contributing to effective heating and the activation of the aluminum hydride storage composition in hydrogen production.
Stout in view of Sandrock does not explicitly teach at a at least one wavelength selected to cause dissociation of a bond between the alane and the coordinating ligand.
In an analogous art, Glass teaches to at a at least one wavelength selected to cause dissociation of a bond between the alane and the coordinating ligand (Glass, pg.567, teaches to photolysis of alane adduct using UV and visible laser irradiation, resulting in dissociation of a bond between the alane and the adduct).
Both Stout in view of Sandrock and Glass relate to treating an alane adduct (Glass, pg. 566, Scheme 1) with an ultraviolet light (Glass, pg. 566, Fig. 1). Stout in view of Sandrock does not explicitly teach an electronic excitation with an ultraviolet light. Stout in view of Sandrock does teach to treating an alane adduct with an ultraviolet light. Glass teaches to an at least one wavelength associated with an electronic excitation that results in photolysis of an alane adduct.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the radiative energy sources of Stout of Stout in view of Sandrock with the wavelengths of ultraviolet or visible light pulsed lasers of Glass for supplying radiative energy sources, thereby contributing to effective heating through precise energy transfer and direct surface absorption and to efficient photolysis of an alane adduct.
Stout in view of Sandrock and Glass teaches to resulting in crystallization of the alane and binding of the coordinating ligand to the Lewis acid after dissociation (Stout, paragraph [0024], teaches that heating causes dissociation of ether portion of the alane etherate adduct, producing alane in alpha crystalline phase); and separating the crystallized alane from the coordinating ligand and Lewis acid (Stout, paragraph [0041], Fig. 1, teaches to rinsing and filtering in step 150, thereby providing alpha alane in microcrystal form by separating from undesired byproducts).
As to claim 2, Stout in view of Sandrock and Glass teaches to the method of claim 1, wherein the coordinating ligand is a Lewis base (Stout, paragraph [0024], teaches to an alane etherate adduct; etherate is a Lewis base).
As to claim 3, Stout in view of Sandrock and Glass teaches to the method of claim 2, wherein the Lewis base comprises ethyl amine, diethylamine, triethylamine, trimethylamine, aniline, or a combination thereof (Stout, paragraph [0042], teaches that other ether and amine complexes of aluminum hydride may also be generated; Sandrock, paragraph [0132], teaches to trimethylamine).
As to claim 4, Stout in view of Sandrock and Glass teaches to the method of claim 2, wherein the Lewis base comprises diethyl ether (Stout, paragraph [0024], teaches that the combination of diethyl ether with the aluminum hydride produces an etherated alane, such as aluminum hydride-diethyl etherate).
As to claim 5, Stout in view of Sandrock and Glass teaches to the method of claim 4, wherein the adduct is formed by combining lithium aluminum hydride, aluminum chloride, and diethyl ether (Stout, paragraph [0024], teaches to the first stage reaction, wherein alane etherate adduct is created by combining aluminum chloride, lithium aluminum hydride, and diethyl ether).
As to claim 6, Stout in view of Sandrock and Glass teaches to the method of claim 2, wherein the Lewis base comprises tetrahydrofuran (Sandrock, paragraph [0049], teaches that the aluminum hydride can also be solvated with an organic solvent such as tetrahydrofuran).
As to claim 7, Stout in view of Sandrock and Glass teaches to the method of claim 6, wherein the adduct is formed by reaction of sodium aluminum hydride with aluminum chloride in a tetrahydrofuran solvent (Sandrock, paragraph [0020], teaches to using NaAlH4 as a stimulant in the hydrogen storage composition; Sandrock, paragraph [0139], teaches adding one or more auxiliary agents to the hydrogen storage compositions, wherein the one or more auxiliary agents is aluminum chloride; Sandrock, paragraph [0049], teaches to using terahydrofuran as an organic solvent for solvation of aluminum hydride in forming an alane).
As to claim 8, Stout in view of Sandrock and Glass teaches to the method of claim 1, wherein the resulting crystallized alane comprises α-alane (Stout, paragraph [0024], teaches that heating causes dissociation of ether portion of the alane etherate adduct, producing alane in alpha crystalline phase).
As to claim 9, Stout in view of Sandrock and Glass teaches to the method of claim 1, wherein the at least one wavelength is associated with a vibrational mode of the bond between the alane and the coordinating ligand (Stout, paragraph [0055], teaches that other heating methods for heating the bulk of the solution may also be employed such as the use of IR heating; the use of infrared heating necessarily involves wavelengths associated with molecular vibrational modes, as the photon energy excites the bonds between atoms, causing them to stretch, bend, and vibrate with greater amplitude in infrared heating).
As to claim 10, Stout in view of Sandrock and Glass teaches to wherein the at least one wavelength is associated with an electronic excitation of an electron which produces an excited state which disfavors the bond between the alane and the coordinating ligand (Glass, pg. 566, teaches to photolysis of an alane adduct using a pulsed laser at the ultraviolet wavelength of 337 nm and at the visible light wavelength of 514 nm; the photolysis of Glass necessarily involves an electronic excitation of an electron which produces an excited state which disfavors the bond between the alane and the coordinating ligand because absorbing a photon shifts an electron from a lower bonding to a higher energy anti-bonding orbital).
As to claim 11, Stout in view of Sandrock and Glass teaches to teaches to the method of claim 1, wherein the at least one wavelength is applied by a laser pulse comprising a combination of wavelengths separated in time, at least one of which selectively excites the alane adduct and another which induces dissociation of the bond between the alane and the coordinating ligand. (Glass, pg. 566, teaches to photolysis of an alane adduct using a pulsed laser at the ultraviolet wavelength of 337 nm and at the visible light wavelength of 514 nm; the pulsed laser used in the photolysis of an alane adduct comprises a combination of wavelengths separated in time, in which at least one selectively excites the adduct and induces dissociation of the bond).
As to claim 12, Stout in view of Sandrock and Glass teaches to the method of claim 1, wherein at least one wavelength is within the UV, visible, or infrared spectrum (Sandrock, paragraph [0148], teaches to using ultraviolet light, necessarily teaching to at least one wavelength within the UV spectrum).
As to claim 13, Stout in view of Sandrock and Glass teaches to the method of claim 1, wherein the Lewis acid comprises of boron trifluoride, boron tribromide, borane, boron trichloride, boron triiodide, or a combination thereof (Sandrock, paragraph [0139], teaches to adding one or more auxiliary agents to the hydrogen storage compositions, wherein the one or more auxiliary agents is boron trifluoride).
As to claim 14, Stout in view of Sandrock and Glass teaches to the method of claim 1, further comprising separating the Lewis acid from the coordinating ligand by thermal dissociation and distillation (Stout, paragraph [0032], Fig. 1, teaches to separation of lithium chloride by filtration, leaving behind a composition that is further heated; Stout, paragraph [0036], Fig. 1, teaches to distillation step 130 and heating for thermal dissociation of the alane adduct in step 145 through heating).
As to claim 15, Stout teaches to a continuous process for crystallizing alane, the process comprising:
forming a solution to comprising an alane adduct and a Lewis acid, the alane adduct comprising alane and a coordinating ligand (Stout, paragraph [0024], teaches that alpha alane is created in 2-stage chemical reaction, wherein the reaction results in solution comprising alane etherate adduct and lithium chloride, which is a weak Lewis acid; the alane etherate adduct comprises alane and etherate as a coordinating ligand; Stout, paragraph [0024], further teaches that heating causes dissociation of ether portion of the alane etherate adduct, producing alane);
causing the solution to continuously flow through a reactor (Stout, paragraphs [0031] and [0059], teaches to a continuous process using a continuous flow reactor as opposed to a batch reactor; however, the Applicant is reminded of MPEP §2144.04.V.E.; In re Dilnot, 319 F.2d 188, 138 USPQ 248 (CCPA 1963), the court held that the claimed continuous operation would have been obvious in light of the batch process of the prior art).
Stout does not explicitly teach exposing the solution to a laser or high-power monochromatic light at a at least one wavelength selected to cause dissociation of a bond between the alane and the coordinating ligand.
In an analogous art, Sandrock teaches to exposing the solution to a laser or high-power monochromatic light (Sandrock, paragraphs [0146] and [0148], teaches that both mechanical and non-mechanical processes are applied for the activation of the aluminum hydride hydrogen storage composition, wherein Sandrock, paragraph [0048], teaches that the aluminum hydride is preferably non-adducted and non-solvated by organic species; Sandrock, paragraph [0148], teaches that the non-mechanical process can employ a radiative energy source, including ultraviolet light; Sandrock, paragraph [0149], teaches to exposing hydrogen storage composition to heat for hydrogen production).
Both Stout and Sandrock relate to hydrogen storage (Sandrock, paragraph [0011]). Stout does not explicitly teach to using a laser or high-power monochromatic light for desolvation of alane adduct. Stout does teach 2-stage chemical reaction, wherein the first stage forms an alane adduct and a Lewis acid and the second stage of desolvation through a thermal heating. Sandrock teaches to using an ultraviolet light for supplying energy to the hydrogen storage composition that comprise aluminum hydride adducted with organic species, such as diethyl ether or tetrahydrofuran (Sandrock, paragraph [0049]), wherein the alane adducts are preferably non-adducted and non-solvated in the aluminum hydride storage composition activation.
Accordingly, Sandrock teaches that it was well known in the art of storing and producing hydrogen with aluminum hydride compositions to have non-adducted and non-solvated the aluminum hydride compositions with thermal heating, ultraviolet radiative heating, and/or mixtures thereof. The teachings of Sandrock would have present a recognition of equivalency in the prior art and would have presented strong evidence of obviousness in substituting one method for the other in a process of the aluminum hydride storage composition activation. Please refer to MPEP 2144.06.II.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating of Stout with the radiative energy sources of Sandrock for employing a radiative energy source, thereby contributing to effective heating and the activation of the aluminum hydride storage composition in hydrogen production.
Stout in view of Sandrock does not explicitly teach at a at least one wavelength selected to cause dissociation of a bond between the alane and the coordinating ligand.
In an analogous art, Glass teaches to at a at least one wavelength selected to cause dissociation of a bond between the alane and the coordinating ligand (Glass, pg.567, teaches to photolysis of alane adduct using UV and visible laser irradiation, resulting in dissociation of a bond between the alane and the adduct).
Both Stout in view of Sandrock and Glass relate to treating an alane adduct (Glass, pg. 566, Scheme 1) with an ultraviolet light (Glass, pg. 566, Fig. 1). Stout in view of Sandrock does not explicitly teach an electronic excitation with an ultraviolet light. Stout in view of Sandrock does teach to treating an alane adduct with an ultraviolet light. Glass teaches to an at least one wavelength associated with an electronic excitation that results in photolysis of an alane adduct.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the radiative energy sources of Stout of Stout in view of Sandrock with the wavelengths of ultraviolet or visible light pulsed lasers of Glass for supplying radiative energy sources, thereby contributing to effective heating through precise energy transfer and direct surface absorption and to efficient photolysis of an alane adduct.
Stout in view of Sandrock and Glass teaches to resulting in crystallization of the alane and binding of the coordinating ligand to the Lewis acid after dissociation (Stout, paragraph [0024], teaches that heating causes dissociation of ether portion of the alane etherate adduct, producing alane in alpha crystalline phase); and continuously separating the crystallized alane from the coordinating ligand and Lewis acid (Stout, paragraph [0041], Fig. 1, teaches to rinsing and filtering in step 150, thereby providing alpha alane in microcrystal form by separating from undesired byproducts; Stout, paragraphs [0031] and [0059], teaches to a continuous process using a continuous flow reactor as opposed to a batch reactor; however, the Applicant is reminded of MPEP §2144.04.V.E.; In re Dilnot, 319 F.2d 188, 138 USPQ 248 (CCPA 1963), the court held that the claimed continuous operation would have been obvious in light of the batch process of the prior art).
As to claim 16, Stout in view of Sandrock and Glass teaches to the method of claim 15, wherein the coordinating ligand comprises diethyl ether, tetrahydrofuran, ethyl amine, diethylamine, triethylamine, trimethylamine, aniline, or a combination thereof (Stout, paragraph [0042], teaches that other ether and amine complexes of aluminum hydride may also be generated; Sandrock, paragraph [0132], teaches to trimethylamine).
As to claim 17, Stout in view of Sandrock and Glass teaches to the method of claim 15, wherein the at least one wavelength is associated with a vibrational mode of the bond between the alane and the coordinating ligand or an electronic excitation of an electron which disfavors the bond between the alane and the coordinating ligand (Stout, paragraph [0055], teaches that other heating methods for heating the bulk of the solution may also be employed such as the use of IR heating; the use of infrared heating necessarily involves wavelengths associated with molecular vibrational modes, as the photon energy excites the bonds between atoms, causing them to stretch, bend, and vibrate with greater amplitude in infrared heating).
As to claim 18, Stout in view of Sandrock and Glass teaches to the method of claim 15, wherein the at least one wavelength is applied by a laser pulse comprising a combination of wavelengths separated in time, at least one of which selectively excites the alane adduct and another which induces dissociation of the bond between the alane and the coordinating ligand. (Glass, pg. 566, teaches to photolysis of an alane adduct using a pulsed laser at the ultraviolet wavelength of 337 nm and at the visible light wavelength of 514 nm; the pulsed laser used in the photolysis of an alane adduct comprises a combination of wavelengths separated in time, in which at least one selectively excites the adduct and induces dissociation of the bond).
As to claim 19, Stout in view of Sandrock and Glass teaches to the method of claim 15, wherein the Lewis acid comprises of boron trifluoride, boron tribromide, borane, boron trichloride, boron triiodide, or a combination thereof (Sandrock, paragraph [0139], teaches to adding one or more auxiliary agents to the hydrogen storage compositions, wherein the one or more auxiliary agents is boron trifluoride).
As to claim 20, Stout teaches to a method for producing alane, the method comprising:
forming a solution comprising an alane adduct, the alane adduct comprising alane and a coordinating ligand (Stout, paragraph [0024], teaches that alpha alane is created in 2-stage chemical reaction, wherein the reaction results in solution comprising alane etherate adduct; the alane etherate adduct comprises alane and etherate as a coordinating ligand; Stout, paragraph [0024], further teaches that heating causes dissociation of ether portion of the alane etherate adduct, producing alane).
Stout does not explicitly teach exposing the solution to a laser or high-power monochromatic light.
In an analogous art, Sandrock teaches to exposing the solution to a laser or high-power monochromatic light (Sandrock, paragraphs [0146] and [0148], teaches that both mechanical and non-mechanical processes are applied for the activation of the aluminum hydride hydrogen storage composition, wherein Sandrock, paragraph [0048], teaches that the aluminum hydride is preferably non-adducted and non-solvated by organic species; Sandrock, paragraph [0148], teaches that the non-mechanical process can employ a radiative energy source, including ultraviolet light; Sandrock, paragraph [0149], teaches to exposing hydrogen storage composition to heat for hydrogen production).
Both Stout and Sandrock relate to hydrogen storage (Sandrock, paragraph [0011]). Stout does not explicitly teach to using a laser or high-power monochromatic light for desolvation of alane adduct. Stout does teach 2-stage chemical reaction, wherein the first stage forms an alane adduct and a Lewis acid and the second stage of desolvation through a thermal heating. Sandrock teaches to using an ultraviolet light for supplying energy to the hydrogen storage composition that comprise aluminum hydride adducted with organic species, such as diethyl ether or tetrahydrofuran (Sandrock, paragraph [0049]), wherein the alane adducts are preferably non-adducted and non-solvated in the aluminum hydride storage composition activation.
Accordingly, Sandrock teaches that it was well known in the art of storing and producing hydrogen with aluminum hydride compositions to have non-adducted and non-solvated the aluminum hydride compositions with thermal heating, ultraviolet radiative heating, and/or mixtures thereof. The teachings of Sandrock would have present a recognition of equivalency in the prior art and would have presented strong evidence of obviousness in substituting one method for the other in a process of the aluminum hydride storage composition activation. Please refer to MPEP 2144.06.II.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heating of Stout with the radiative energy sources of Sandrock for employing a radiative energy source, thereby contributing to effective heating and the activation of the aluminum hydride storage composition in hydrogen production.
Stout in view of Sandrock does not explicitly teach at a at least one wavelength selected to cause dissociation of a bond between the alane and the coordinating ligand.
In an analogous art, Glass teaches to at a at least one wavelength selected to cause dissociation of a bond between the alane and the coordinating ligand (Glass, pg.567, teaches to photolysis of alane adduct using UV and visible laser irradiation, resulting in dissociation of a bond between the alane and the adduct).
Both Stout in view of Sandrock and Glass relate to treating an alane adduct (Glass, pg. 566, Scheme 1) with an ultraviolet light (Glass, pg. 566, Fig. 1). Stout in view of Sandrock does not explicitly teach an electronic excitation with an ultraviolet light. Stout in view of Sandrock does teach to treating an alane adduct with an ultraviolet light. Glass teaches to an at least one wavelength associated with an electronic excitation that results in photolysis of an alane adduct.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the radiative energy sources of Stout of Stout in view of Sandrock with the wavelengths of ultraviolet or visible light pulsed lasers of Glass for supplying radiative energy sources, thereby contributing to effective heating through precise energy transfer and direct surface absorption and to efficient photolysis of an alane adduct.
Stout in view of Sandrock and Glass teaches to resulting in crystallization of the alane (Stout, paragraph [0024], teaches that heating causes dissociation of ether portion of the alane etherate adduct, producing alane in alpha crystalline phase); and separating the crystallized alane from the coordinating ligand (Stout, paragraph [0041], Fig. 1, teaches to rinsing and filtering in step 150, thereby providing alpha alane in microcrystal form by separating from undesired byproducts).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN LEE whose telephone number is (703)756-1254. The examiner can normally be reached M-F, 7:00-16:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lin can be reached at (571) 272-8902. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOHN LEE/Examiner, Art Unit 1794
/JAMES LIN/Supervisory Patent Examiner, Art Unit 1794
Prosecution Insights