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 5 – 7 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.
As to Claim 5, the instant claim recites the phrase “applying a mixed solution” in last line. It is vague/unclear if “a mixed solution” (line 4) is referring to the “mixing” of the photoresist solution with an ethanol solution (lines 3 – 4) or if this “a mixed solution” is another solution used to form the carbide material. For examining purposes, examiner has interpreted the aforementioned limitation to be “a mixed solution” which may not include mixtures obtained from lines 3 – 4.
Due to claim dependency, claims 6 – 7 are also rejected.
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) 10, 12 - 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR-10-2022-0073679-A to Son, Dong Ick et al. (hereinafter “Son”).
Note: machine translated document of Son is attached in this office action for easier reference.
Regarding Claim 10, Son teaches a gas sensor (see abstract and paragraphs [0001], [0005] describing a gas sensor), comprising:
an electrode pattern (see description at paragraph [0011] describing forming an electrode on a substrate);
a carbon structure located on the electrode pattern (see paragraphs [0011] and [0022] describing preparing a metal compound-multilayer graphene nucleus shell quantum dot (i.e., carbide material) and coating the quantum dots prepared on the electrode to form the gas sensing layer), and having pores for adsorption of gas particles (see paragraph [0026] which describes the multilayer graphene material as having high porosity, see also paragraph [0052] describing table 2 which includes pore volume and average pore size of each gas sensors, hence reading on the invention as claimed); and
a measurement device electrically connected to the electrode pattern (see paragraph [0015] of Son describing use of a transmission electron microscope for observing and measurements, see also paragraph [0037] of Son describing connecting the gas sensors to Keithley 2420 sources (i.e., electrical instrument used for measurements)), and configured to detect the gas particles based on (i) measurement of a change in electrical properties of the electrode pattern (see for instance paragraph [0015] describing observation of resistance change with time of gas sensors, see also paragraph [0022] describing the electrode capable of measuring a change in resistance) and (ii) the carbon structure being exposed to the gas particles (see paragraph [0026] describing the multilayer graphene coated on the surface of the metallic compound improves the reactivity (i.e., exposure) to the gas by increasing the amount of gas adsorption and further describes the amount of gas molecules adsorbed (i.e., when exposed to the gas particles as claimed) on the surface by the increased specific surface increases, hence reading on the invention as claimed).
Regarding Claim 12, Son teaches further comprising: a bonding material layer located on the carbon structure and capable of selectively adsorbing the gas particles (see the gas sensor comprising a metal compound-nuclear-shell quantum dots made of multilayer graphene as described at paragraphs [0006], [0011]).
Regarding Claim 13, Son teaches wherein the bonding material layer comprises metal oxide quantum dots (see paragraphs [0025] – [0027] describing metal compound in the multilayer graphene quantum dots such as zinc oxide-multilayer graphene quantum dots).
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.
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, 2, 5, 6, 8, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Son in view of NPL titled “Development of a Novel Gas-Sensing Platform Based on a Network of Metal Oxide Nanowire Junctions Formed on a Suspended Carbon Nanomesh Backbone” by Taejung Kim et al. dated July 1st, 2021 (hereinafter “Kim”).
Regarding Claim 1, Son teaches a method for manufacturing a gas sensor (see abstract and paragraphs [0001], [0005] describing a gas sensor and a method for manufacturing the gas sensor), comprising:
forming an electrode pattern (see description at paragraph [0011] describing forming an electrode on a substrate);
forming a carbide material layer on the electrode pattern (see paragraphs [0011] and [0022] describing preparing a metal compound-multilayer graphene nucleus shell quantum dot (i.e., carbide material) and coating the quantum dots prepared on the electrode to form the gas sensing layer, hence reading on the invention as claimed);
the carbide material layer forming a carbon structure capable of adsorbing gas particles (see paragraph [0026] describing the multilayer graphene (i.e., carbon structure) coated on the surface of the metallic compound/nucleus improves the reactivity to the gas by increasing the amount of gas adsorption, hence reading on the invention as claimed).
Even though Son teaches forming the multilayer graphene oxide i.e., by acid treatment as described at paragraphs [0013], [0029] - [0036], Son does not explicitly teach a method step of carbonizing, based on an irradiation of a laser on the carbide material layer, the carbide material layer to form a carbon structure capable of adsorbing gas particles.
Kim, in the field of gas sensors, teaches carbonizing, based on an irradiation of a laser on the carbide material layer, the carbide material layer to form a carbon structure capable of adsorbing gas particles (see page 3 under section 2.1 describing fabrication steps of the gas sensors which includes “Suspended polymer micromesh structures were fabricated via two successive photolithography steps. A negative photoresist (SU-8 2025, Microchem. Corp., Westborough, MA, USA) was spin-coated on the SiO2/Si substrate to a thickness of 25 µm and soft-baked at 950C for 8 min. This photoresist layer was exposed to UV light with a high dose (180 mJ.cm−2) from top to bottom to create post structures supporting a suspended micromesh.”, and further states “After post-exposure baking (950C for 7 min), the monolithic polymer structure consisting of the suspended polymer micromesh and the supporting post structures was obtained through a single development step. The polymer mesh structure was then carbonized into a carbon mesh”, hence reading on the invention as claimed).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use carbonizing step to form the carbon structure of Kim into Son in order to enhance thermal stability and heat resistance. The modification also provides high porosity and surface area which improves adsorption of gas particles.
Son in view of Kim as modified above further teaches;
electrically connecting a measurement device to the electrode pattern (see paragraph [0037] of Son describing connecting the gas sensors to Keithley 2420 sources (i.e., electrical instrument used for measurements), wherein, based on the carbon structure being exposed to the gas particles, the measurement device is configured to measure electrical properties of the electrode pattern (see paragraphs [0037] of Son describing using Keithley measurement units connected to the gas sensors for gas detection characteristics, see also paragraphs [0047], [0050], [0051], [0054] – [0055] of Son, Figs. 5, 6 of Son illustrating results of the analysis before and after gas adsorption, hence reading on the invention as claimed).
Regarding Claim 2, Son in view of Kim as modified above teaches wherein the carbide material layer comprises SU-8 (see page 3 at section 2.1 of Kim describing use of a photoresist (SU-8)).
Regarding Claim 5, as best understood, Son in view of Kim as modified above teaches wherein the carbide material layer comprises a photoresist and applying the negative photoresist on the substrate (see page 3 at section 2.1 of Kim describing use of a photoresist (SU-8)).
Even though Son in view of Kim disclose the carbide material comprising a photoresist and applying the photoresist on the substrate as described above, Son in view of Kim is silent regarding wherein forming the carbide material layer comprises mixing a photoresist solution with an ethanol solution. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use material with a mixture of a photoresist solution and ethanol solution, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Regarding Claim 6, as best understood, Son in view of Kim as modified above teaches wherein applying the mixed solution onto the substrate comprises adjusting a viscosity of the mixed solution of the photoresist solution and the ethanol solution to thereby form the carbide material layer with a preset thickness (see page 3 at section 2.1 of Kim describing use of a photoresist (SU-8) which was spin-coated on the substrate to a thickness of 25 µm).
Insofar as Son in view of Kim may be construed as not explicitly teaching adjusting a viscosity of the mixed solution as claimed, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to adjust the viscosity as needed such that the desired thickness is obtained, since it is known that viscosity of a solution directly affects manufacturing of layers. In addition, it would have been obvious to one having ordinary skill in the art to adjust the viscosity as needed, since it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 1010 USPQ 284 (CCPA 1954).
Regarding Claim 8, Son in view of Kim as modified above teaches after forming the carbon structure (see paragraph [0026] of Son describing the multilayer graphene (i.e., carbon structure) coated on the surface of the metallic compound/nucleus improves the reactivity to the gas by increasing the amount of gas adsorption and/or see modification in view of Kim above), forming a bonding material layer capable of selectively adsorbing the gas particles on the carbon structure (see paragraphs [0014], [0026] of Son describing detection of molecules with high selectivity by utilizing the coting that is capable of adsorbing gas molecules).
Regarding Claim 11, Son teaches wherein the carbon structure is formed based on a carbonization of a material comprising carbon and comprises a planar or 3-dimensional arrangement of at least one of a carbon compound, a graphene, or a graphene oxide (see paragraph [0026] describing the multilayer graphene (i.e., carbon structure) coated on the surface of the metallic compound/nucleus improves the reactivity to the gas by increasing the amount of gas adsorption, hence reading on the invention as claimed).
In addition, even though Son teaches forming the multilayer graphene oxide i.e., by acid treatment as described at paragraphs [0013], [0029] - [0036], Son does not explicitly teach the carbon structure formed based on a carbonization of a material.
Kim, in the field of gas sensors, teaches carbonizing, based on an irradiation of a laser on the carbide material layer, the carbon structure formed based on a carbonization of a material (see page 3 under section 2.1 describing fabrication steps of the gas sensors which includes “Suspended polymer micromesh structures were fabricated via two successive photolithography steps. A negative photoresist (SU-8 2025, Microchem. Corp., Westborough, MA, USA) was spin-coated on the SiO2/Si substrate to a thickness of 25 µm and soft-baked at 950C for 8 min. This photoresist layer was exposed to UV light with a high dose (180 mJ.cm−2) from top to bottom to create post structures supporting a suspended micromesh.”, and further states “After post-exposure baking (950C for 7 min), the monolithic polymer structure consisting of the suspended polymer micromesh and the supporting post structures was obtained through a single development step. The polymer mesh structure was then carbonized into a carbon mesh”, hence reading on the invention as claimed).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use carbonizing step to form the carbon structure of Kim into Son in order to enhance thermal stability and heat resistance. The modification also provides high porosity and surface area which improves adsorption of gas particles.
Claim(s) 3, 4 are rejected under 35 U.S.C. 103 as being unpatentable over Son in view of Kim and further in view of CN-108918597 A to Liu, Tao et al. (hereinafter “Liu”).
Note: machine translated document of Liu is attached to this office action for easier references.
Regarding Claim 3, Son in view of Kim as modified above teaches forming the carbon structure comprises carbonizing the carbide material layer (see modification of Son in view of Kim in claim 1 above).
Son in view of Kim is silent regarding forming the carbon structure, based on an irradiation of a carbon dioxide (CO2) laser onto the carbide material layer.
Liu, in the field of method of preparing carbon dioxide sensor, teaches that it is known to form a carbon structure, based on an irradiation of a carbon dioxide (CO2) laser onto the carbide material layer (see for instance Examples 1 - 4 at pages 5 – 7 describing the use of a laser light source as a CO2 laser on the carbonizable polyimide substrate).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use method of irradiation of a carbon dioxide laser on to the carbide material layer of Liu into Son in view of Kim, in order to improve efficiency and versatility of the sensor.
Regarding Claim 4, Son in view of Kim in view of Liu as modified above teaches wherein carbonizing the carbide material layer (see modification in claim 3 above) further comprises: moving a laser oscillator configured to emit the CO2 laser at a preset speed on the carbide material layer; and adjusting at least one of the preset speed, an amount of the laser irradiation, or an output of the laser oscillator to thereby form the carbon structure having a planar or a 3-dimensional arrangement (see Examples 1 - 4 at pages 5 – 7 of Liu describing the use of a laser light source as a CO2 laser on the carbonizable polyimide substrate, note that the CO2 laser source has a laser power control mode of 35W, which controls the laser power as needed, hence reading on the invention as claimed).
Claim(s) 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Son in view of Kim and further in view of CN-115165977 B to Jiang, Xin-Liang et al. (hereinafter “Jiang”).
Note: machine translated document of Jiang is attached to this office action for easier references.
Regarding Claim 7, Son in view of Kim as modified above teaches the claimed invention except for wherein the ethanol solution comprises a bonding material that is dispersed in the ethanol solution and capable of selectively adsorbing the gas particles.
Jiang, in the field of gas sensing nanometer composite material and preparation method (see abstract at page 1), teaches that it is known to use ethanol solution capable of selectively adsorbing the gas particles (see page 2 last paragraph – page 3 describing preparation method of the gas sensing nano-composite material which includes using ethanol solution).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use ethanol solution of Jiang into Son in view of Kim, in order to improve the gas sensitivity of the gas sensing composite material (see advantages at last paragraph of page 2 – line 4 of page 3 of Jiang).
Regarding Claim 9, Son in view of Kim in view of Jiang as modified above teaches wherein the forming of the bonding material layer comprises: applying an ethanol solution (see modification in claim 7 above) in which quantum dots including a metal oxide are dispersed onto the carbon structure (see paragraphs [0026] – [0029] of Son describing forming the multilayer graphene material comprising quantum dots and a solution); and evaporating the ethanol solution applied on the carbon structure (see paragraph [0029] of Son which describes formation including heating of the material to 1500C and see page 3 of Jiang describing use of ethanol solution with heating of up to 1500C, hence reding on the invention as claimed).
Claim(s) 14 - 17 are rejected under 35 U.S.C. 103 as being unpatentable over Son.
Regarding Claim 14, Son teaches a method of operating a gas sensor (see abstract and paragraphs [0001], [0005] describing a gas sensor), the method comprising:
exposing (see paragraph [0026] describing the multilayer graphene coated on the surface of the metallic compound improves the reactivity (i.e., exposure) to the gas by increasing the amount of gas adsorption and further describes the amount of gas molecules adsorbed (i.e., when exposed to the gas particles as claimed) on the surface by the increased specific surface increases, hence reading on the invention as claimed) a carbon structure that is located on an electrode pattern and has pores for adsorption of gas particles to gaseous phase materials including the gas particles (see paragraphs [0011] and [0022] describing preparing a metal compound-multilayer graphene nucleus shell quantum dot (i.e., carbide material) and coating the quantum dots prepared on the electrode to form the gas sensing layer), and having pores for adsorption of gas particles (see paragraph [0026] which describes the multilayer graphene material as having high porosity, see also paragraph [0052] describing table 2 which includes pore volume and average pore size of each gas sensors, hence reading on the invention as claimed) for a first preset time (see paragraphs [0044] – [0045], [0055] describing investigation of sensing characteristics using the gas sensor including data of response and recovery time of each gas sensors as well as obtaining data before and after adsorption of NO on the gas sensing material. Insofar as Son may be construed as not explicitly stating a first preset time, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to recognize the claimed first preset time from the time of the before and after adsorption of the gas molecule or from the data as illustrated at Figs. 4 and 6); and
measuring electrical properties of the electrode pattern (see for instance paragraph [0015] describing observation of resistance change with time of gas sensors, see also paragraph [0022] describing the electrode capable of measuring a change in resistance) after exposing to the gaseous phase materials (see paragraph [0026] describing the multilayer graphene coated on the surface of the metallic compound improves the reactivity (i.e., exposure) to the gas by increasing the amount of gas adsorption and further describes the amount of gas molecules adsorbed (i.e., when exposed to the gas particles as claimed) on the surface by the increased specific surface increases, hence reading on the invention as claimed).
Regarding Claim 15, Son as modified above teaches interrupting a supply of the gaseous phase materials to the carbon structure for a second preset time to recover the electrical properties of the electrode pattern (see paragraphs [0044] – [0047] describing analysis of the response-recovery curve for each gas concentrations, see Fig. 4); and heating the carbon structure at a preset temperature (see paragraphs [0025] describing exposing to dry air at a temperature (i.e., preset temperature) as claimed, see also paragraphs [0032]- [0037] describing controlling the temperature i.e., at room temperature, constant temperature of 120C etc., hence reading on the invention as claimed).
Regarding Claim 16, Son as modified above teaches wherein exposing the carbon structure to the gaseous phase materials and interrupting the supply of the gaseous phase materials are repeatedly performed multiple times (see response-recovery curve for each gas concentrations, see Fig. 4 illustrating multiple curves, hence reading on the invention as claimed).
Regarding Claim 17, Son as modified above teaches further comprising: adjusting at least one of the preset temperature, a length of the first preset time, or a length of the second preset time such that a difference between (i) the electrical properties of the electrode pattern after interrupting the supply of the gaseous phase materials and (ii) the electrical properties of the electrode pattern before exposing to the gaseous phase materials is less than a preset threshold (see Fig. 4 which illustrates the response-recovery curve for each gas sensors, note that the recovery time appears at a set time illustrated in the Fig. 4, thus including the claimed either adjusting length of the first preset time or length of the second preset time as claimed).
Even though Son is silent regarding a threshold amount, it would have been obvious to one having ordinary skill in the art to use a preset threshold, since it is known in the art of operating sensors that preset threshold amount is used as per user’s desire. The modification provides ease of use, cost effective and reliable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form accompanying this office action which includes the following relevant prior art:
Chung (U.S. 2017/0016867 A1) teaches a flexible nitrogen dioxide gas sensor based on tungsten trioxide nanoparticles coated carbon nanotubes-graphene oxide hybrid and manufacturing the same as seen at Fig. 1A.
Wable et al. (U.S. 2023/0193469 A1) teaches coating graphene like carbon (GLC) layer on multiple substrate types using carbon dioxide laser induced photothermal pyrolysis.
Wang, Shih-Han et al. (TW 202138800 A) teaches gas sensing device and method of manufacturing including mixing at least one of metal oxide, a nano-carbon material and a conducting polymer to form a composite material, providing a substrate having a pair of electrodes and depositing the composite on the substrate and conducting between the pair of electrodes.
Shimoyama et al. (U.S. 2015/0323482 A1) teaches a gas sensor and gas sensor structural body comprising a graphene (8) between a source electrode (3) and a drain electrode (4) is provided in an ion liquid (L), whereby a state change of charges in the ion liquid (L) caused by absorption of gas is directly reflected on a source-drain current that flows in the graphene (8)
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/MARRIT EYASSU/Primary Examiner, Art Unit 2855