DEAILED 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 .
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.
Status of Application
Claims 1-10 are pending and presented for examination.
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.
Claims 1 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US PG Pub No. 20230035364 to Lipka et al. (hereinafter, “Lipka at __”).
Regarding claim 1, Lipka discloses a method of making activated carbon (Lipka at “Abstract”) comprising:
Impregnating a carbonaceous material (stillage comprising corn, whisky stillage, [0014]) with carbonated water (carbonated water is added to the solution or carbon dioxide is bubbled into the solution which given dwelling would implicitly result in impregnation of the particles within the solution, Id.); and
Exposing the carbonaceous material to microwave radiation to produce carbon which is further heated to produce activated carbon (Id.).
As to claim 6, ~5 min is the microwave time ([0054]).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Lipka as applied to claim 1 above and in further view of “The effects of a microwave heating method on the production of activated carbon from agricultural waste: A review” to Hesas et al. (hereinafter, “Hesas at __”).
As to claim 5, Lipka does not expressly state a microwave power.
Hesas in a review of literature involving microwave heating of carbonaceous material to form AC discloses 360 W can be utilized (Hesas at 5 L col).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instantly claimed invention to perform the method of Lipka in view of the microwave power of Hesas. The teaching or suggested motivation in doing so being increase in iodine and MB numbers (Id.).
Allowable Subject Matter
Claims 2-4 and 7-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As to claim 2, Lipka is the closest piece of prior art and it fails to disclose usage of charcoal as the carbonaceous material.
As to claim 3, Lipka dis the closest piece of prior art and it does not expressly state nor imply removal of the impregnated carbonated water from the carbonaceous material.
As to claim 4, the particles in Lipka are nanoscale and as such cannot meet ~25~297 microns.
As to claims 7 and 8, Lipka does not disclose a volume ratio of carbon dioxide to water in the carbonated water and nor is one implied.
As to claim 9, Lipka does not disclose a residence time for the impregnation step and nor is one suggested.
As to claim 10, Lipka discloses the pressure is 110-250 psi which is >7.5 atm which is not a vacuum.
Citation of Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN112194130 to Pan et al., discloses exposing corn to a gaseous mixture of water vapor and carbon dioxide (this is not the same as carbonated water as the steam does not become H2CO3) and activating such with microwave radiation. “Ultrahigh surface area carbon from carbonated beverages: Combining self-templating process and in situ activation” to Zhang et al., discloses usage of carbonated soft drinks as a source for activated carbon by turning the carbonated soft drink into carbon and then activating it.
Conclusion
Claims 1, 5 and 6 are rejected. Claims 2-4 and 7-10 are objected to.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD M RUMP whose telephone number is (571)270-5848. The examiner can normally be reached Monday-Thursday 06:45 AM to 04:45 PM.
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, Duane Smith can be reached at 571-272-1166. 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.
RICHARD M. RUMP
Primary Examiner
Art Unit 1759
/RICHARD M RUMP/Primary Examiner, Art Unit 1759