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
Applicant’s election without traverse of Claims 1-11 in the reply filed on January 28, 2026 is acknowledged. Claim 12-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method for forming a magnesium-based composite, there being no allowable generic or linking claim.
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.
Claims 1 and 3-10 are rejected under 35 U.S.C. 103 as being unpatentable over HUANG et al., “Improving the hydrogenation properties of AZ31-Mg alloys with different carbonaceous additives by high energy ball milling (HEBM) and equal channel angular pressing (ECAP),” International Journal of Hydrogen Energy, ELSEVIER, 13 November 2019, Pages 22291-22301, Volume 45, No. 42. In view of US6103024 of Sapru.
Claim 1 claims a magnesium-based composite material, comprising: a magnesium-based solid solution, comprising: magnesium; at least one first catalytic metal selected from the group consisting of aluminum, zinc, zirconium, nickel, titanium, vanadium, chromium, cobalt, iron, copper, molybdenum, niobium, palladium, and yttrium; and at least one first carbon allotrope; and an amorphous additive mixed with the magnesium-based solid solution, wherein the amorphous additive comprises: at least one second catalytic metal selected from the group consisting of zirconium, nickel, titanium, vanadium, chromium, cobalt, iron, copper, molybdenum, niobium, palladium, and yttrium; and at least one second carbon allotrope.
Huang teaches improving the hydrogenation properties of AZ31-Mg alloys with different carbonaceous additives by high energy ball milling (HEBM) and equal channel angular pressing (ECAP) in the same field of endeavor as the claimed invention. Huang discloses a material containing magnesium, aluminum, zinc, and various carbon allotropes (activated carbon, carbon black, and graphene), see introduction and abstract. Huang does not teach that one of the additives is amorphous. Huang also does not teach an at least one second catalytic metal selected from the group consisting of zirconium, nickel, titanium, vanadium, chromium, cobalt, iron, copper, molybdenum, niobium, palladium, and yttrium.
Sapru teaches magnesium mechanical alloys for thermal hydrogen storage in the same field of endeavor as the claimed invention. Sapru discloses amorphous structure and teaches that the amorphous structure is needed to overcome the problem of the unfavorably high desorption temperature characteristic of most crystalline systems, para[0022]. Sapru also teaches that nickel, vanadium, titanium, iron, and copper hydrides have been used as a method of storing hydrogen, Para[0006]. Therefore, it would be obvious to one of ordinary skill in the art to produce the magnesium-based composite disclosed in Huang with nickel, vanadium, titanium, iron, or copper and the amorphous structure taught by Sapru in order to overcome the problem of unfavorably high desorption temperature. Thus, Huang in view of Sapru covers all limitations of claim 1. Claims 2-11 are also rejected as they depend on claim 1.
Claim 3 further limits claim 1 by claiming that a weight percentage of each one of the at least one first catalytic metal in the magnesium-based solid solution is smaller than or equal to 9 wt%.
Huang discloses several versions of the AZ31 alloy with different carbon allotropes. Huang teaches a composition with 3.08 wt% Al, 0.91 wt% Zn, 0.39 wt% Mn, and balance Mg, see materials and processes. Al, Zn, and Mn are all present with less than 9 wt %. Thus, Huang in view Sapru covers all limitations of claim 3.
Claim 4 further limits claim 1 by claiming that when the at least one first catalytic metal comprises aluminum, a weight percentage of aluminum among the at Least one first catalytic metal is the largest.
Huang discloses several versions of the AZ31 alloy with different carbon allotropes. Huang teaches a composition with 3.08 wt% Al, 0.91 wt% Zn, 0.39 wt% Mn, and balance Mg, see materials and processes. In these examples, the weight percentage of aluminum is the largest among the at least one first catalytic metals. Thus, Huang in view Sapru covers all limitations of claim 4.
Claim 5 further limits claim 1 by claiming that the at least one first carbon allotrope and the at least one second carbon allotrope are independently selected from the group consisting of graphite, graphene, fullerene, single-walled carbon nanotubes, multi-walled carbon nanotubes, activated carbon, and carbon black.
Huang discloses several versions of the AZ31 alloy with different carbon allotropes. Huang teaches versions with graphene, activated carbon, and carbon black, see materials and processes. Thus, Huang in view of Sapru covers all limitations of claim 5.
Claim 6 further limits claim 1 by claiming that a weight percentage of the at least one first carbon allotrope in the magnesium-based solid solution is smaller than or equal to 3 wt%.
Huang discloses several versions of the AZ31 alloy with different carbon allotropes. Huang teaches versions with graphene, activated carbon, and carbon black all with a range of 1-3 wt% carbon, see materials and processes. This overlaps with the claimed range of less than or equal to 3 wt%. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Thus, Huang in view of Sapru covers all limitations of claim 6.
Claim 7 further limits claim 1 by claiming that in the amorphous additive, a weight percentage of the at least one second carbon allotrope is larger than a weight percentage of the at least one second catalytic metal.
Huang discloses several versions of the AZ31 alloy with different carbon allotropes. Huang teaches versions with graphene, activated carbon, and carbon black all with a range of 1-3 wt% carbon, and 3.08 wt% Al, 0.91 wt% Zn, 0.39 wt% Mn, and balance Mg, see materials and processes. In this example, carbon is present in a greater amount than the second catalytic metals. Therefore, Huang teaches this limitation. Thus, Huang in view of Sapru covers all limitations of claim 7.
Claim 8 further limits claim 1 by claiming that an average particle size of the magnesium-based composite material is from 20 µm to 80µm.
Huang teaches a particle size distribution of 39.18 µm to 74.74 µm, see Table 2. This overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Therefore, Huang in view of Supra covers all limitations of claim 8.
Claim 9 further limits claim 1 by claiming that an average grain size within the magnesium-based solid solution is from 4 µm to 34 µm.
Huang teaches average grain sizes of the AZ/carbon alloys ranging from 3.65 µm to 18.34 µm, see Table 1. This overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Therefore, Huang in view of Supra covers all limitations of claim 9.
Claim 10 further limits claim 1 by claiming that a maximum reversible hydrogen storage capacity of the magnesium-based composite material is from 6 wt% to 7 wt%.
Huang teaches a maximum capacity of 6.72 ± 0.05 wt% for absorption and desorption for the whole amount of hydrogen, see hydrogenation kinetics. This overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Therefore, Huang in view of Supra covers all limitations of claim 10.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over HUANG et al., “Improving the hydrogenation properties of AZ31-Mg alloys with different carbonaceous additives by high energy ball milling (HEBM) and equal channel angular pressing (ECAP),” International Journal of Hydrogen Energy, ELSEVIER, 13 November 2019, Pages 22291-22301, Volume 45, No. 42. In view of US6103024 of Sapru further in view of US9533884 of El-Eskandarany.
Claim 2 further limits claim 1 by claiming that a weight percentage of the amorphous additive in the magnesium-based composite material is from 1 wt% to 15 wt%.
Sapru discloses amorphous structure and teaches that the amorphous structure is needed to overcome the problem of the unfavorably high desorption temperature characteristic of most crystalline systems, para[0022]. Sapru does not specifically disclose the numerical limitation of 1 wt% to 15 wt%.
El-Eskandarany teaches a composition for hydrogen storage in the same field of endeavor as the claimed invention. El-Eskandarany discloses composite powder with 5 wt% of amorphous Zr70 Ni20 Pd10 powder, Para[0034]. This lies within the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. El-Eskandarany teaches that the present inventors have found that combining Zr70 Ni20 Pd10 powder with MgH2 powder as described herein improves the hydrogenation/dehydrogenation behavior of MgH2, Para[0023]. Therefore, it would be obvious to one of ordinary skill in the art to produce the magnesium based composite material disclosed in Huang in view of Sapru, with the amorphous additive in the range disclosed in El-Eskandarany to improve the hydrogenation/dehydrogenation behavior. Thus, Huang in view of Sapru further in view of El-Eskandarany covers all limitations of claim 2.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over HUANG et al., “Improving the hydrogenation properties of AZ31-Mg alloys with different carbonaceous additives by high energy ball milling (HEBM) and equal channel angular pressing (ECAP),” International Journal of Hydrogen Energy, ELSEVIER, 13 November 2019, Pages 22291-22301, Volume 45, No. 42. In view of US6103024 of Sapru further in view of CN114959393 of Zhang further in view of CN1506482 of Leng.
Claim 11 further limits claim 1 by claiming that a hydrogen absorption rate of the magnesium-based composite material is from 2 wt% per minute to 4 wt% per minute, and a hydrogen desorption rate of the magnesium-based composite material is from 0.25 wt% per minute to 1.25 wt% per minute.
Huang discloses several versions of the AZ31 alloy with different carbon allotropes. Huang teaches absorption and desorption rates for the disclosed alloys, see Tables 3 and 4. While none of the absorption rates taught by Huang fall within the claimed range, some of the desorption rates do overlap with the claimed range. For example, AZ31-3G in Table 3 discloses a hydrogen desorption rate of 1.13-1.45 wt% per minute. This overlaps with the claimed range for desorption rate. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Huang does not teach the numerical limitation specified for hydrogen absorption rate in claim 11.
Zhang teaches a method for improving hydrogen storage performance of Mg-Y-Zn alloy in the same field of endeavor as the claimed invention. Zhang discloses a hydrogen desorption rate of 0.27 wt% per minute (6.31 wt% in 23 minutes), Para[0030]. This overlaps with the claimed range for desorption rate. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Zhang also discloses that the purpose of the present invention is to provide a method for preparing nano-scale Mg-Y-Zn alloy by rotary forging technology, thereby improving its hydrogen storage performance, Para[0006].
Leng teaches nano composite amorphous magnesium base hydrogen storing material and its preparation in the same field of endeavor as the claimed invention. Leng discloses a hydrogen absorption rate of 3.8wt.% in 1 minute, Para[0028]. This overlaps with the claimed invention. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Leng also discloses that it is an object of the present invention to provide a Mg-based nano/amorphous composite hydrogen storage material which greatly improves the hydrogen absorption and desorption kinetics of Mg while maintaining a high hydrogen storage capacity of Mg, Para[0005].
Therefore, based on the teachings of Huang, Zhang, and Leng it would be obvious to produce the magnesium-based composite disclosed in Huang in view of Sapru with a hydrogen absorption rate in the range of 2 wt% to 4 wt% per minute and a hydrogen desorption rate in the range of 0.25 wt% to 1.25 wt% per minute, in order to improve the storage kinetics while maintaining a high hydrogen storage capacity. Thus, Huang in view of Sapru further in view of Zhang further in view of Leng covers all limitations of claim 11.
Conclusion
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/Keith D. Hendricks/Supervisory Patent Examiner, Art Unit 1733
/JACOB BENJAMIN STILES/Examiner, Art Unit 1733