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 . This is a first action on the merits of the application. Claims 1-19 are pending.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
Claims 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Buschmann (US 8,147,735 B2), in view of Kim et al. (KR 2015-0073615A, please refer to the attached English translation document, hereinafter “Kim”).
In regard to claims 1-5 and 11-12, Buschmann discloses a polyamide membrane (Abstract) used in reverse osmosis (RO) and nanofiltration (NF) separation (col. 2, lines 26-45).
Buschmann the membrane comprises:
(i) a porous support comprising alumina (col. 7, lines 48-65) (claims 11 and 12); and
(ii) an active layer comprising reaction product of: (i) an anhydrous solution comprising an anhydrous solvent, at least one poly-functional secondary amine and a pre-polymer deposition catalyst, wherein said polyfunctional secondary amine comprises at least two aromatic rings; and (ii) an anhydrous, organic solvent solution comprising a polyfunctional aromatic amine-reactive reactant comprising one ring on said porous support (col. 7, lines 48-62),
wherein the active layer comprises reacted units of:
a polyamine compound that is a cyclic polyamine having 4 to 8 atoms in a ring and the polyamine compound has 2 to 5 amine groups (Fig. 3 shows 6 atoms in a ring and 4 amine groups) (claim 2 and claim 3);
a polyfunctional acid halide (acyl halides) compound (col. 4, lines 56 thru col. 5, line 2) comprising an aromatic compound with 2 to 5 acyl chloride groups (Fig. 4) (claim 4); and
nickel oxide (NiO) nanoparticles (NPs) (col. 8, lines 2-14),
wherein the polyamine compound, the polyfunctional acid halide compound, and the nickel oxide (NiO) nanoparticles (NPs) are interfacially polymerized on the support to form the membrane (col. 64, claim 10 directs interfacial polymerization of the polyamine compound, the polyfunctional acid halide compound, and the nickel oxide (NiO) nanoparticles (NPs) on the support).
But Buschmann does not explicitly disclose specific feature of a surface of the NiO NPs is functionalized with an amino silane compound.
However, Kim discloses a method for manufacturing an organic-inorganic porous separation membrane and the organic-inorganic porous separation membrane manufactured thereby (page 1, Abstract). Kim discloses the membrane comprises inorganic particle comprising nickel oxide (NiO) (page 2, 4th paragraph from the top), and further discloses modifying the surface of the inorganic particles using aminosilane (page 5, 11th paragraph from the top). The aminosilane comprises N-2-(aminoethyl)-3-aminopropylmethyldimethoxysilane, N-2 (aminoethyl) aminopropyltrimethoxysilane, 3-aminopropyltrimethoxysilane, and 3-aminopropyltrimethoxysilane a carbon chain with a terminal primary amine (page 5, 4th paragraph from the bottom) (claim 5).
It is noted that both the Buschmann and Kim references direct a membrane comprising a porous support and an active layer comprising polymer.
Therefore, before the effective filing date of the claimed invention, it would have been prima facie obvious to one of ordinary skill in the art to modify the membrane of Buschmann, to provide the specific feature of a surface of the NiO NPs is functionalized with an amino silane compound as taught by Kim, because the recited feature is a known, effective method for active site being introduced into the surface of the inorganic particles using the silane coupling agent by modifying the surface of the inorganic particles using aminosilane as taught by Kim (page 2, 4th paragraph from the top; page 5, 11th paragraph from the top).
In regard to claims 6-10 and 17, Buschmann, in view of Kim, discloses the same membrane as that recited in claim 1, it is asserted, absent evidence to the contrary, that one would reasonably expect that the membrane as taught by Buschmann, in view of Kim, to function the same as the membrane recited in claim 1. Specifically, it is asserted that one would reasonably expect the membrane of Buschmann, in view of Kim, would results in the features of NiO nanoparticles and interfacial polymerization recited in claims 6-10 and 17 of claimed invention. See MPEP 2112.01 and 2112.02.
In regard to claims 13, 14 and 16, Buschmann discloses an embodiment of pore diameter less than 10 nm (col. 49, Example 10) which renders the recitations of claims 13 and 14 prima facie obvious. In addition, since the pore diameter is less than 10 nm, one skilled in the art would have reasonably expected that NiO NPs diameter is greater than 10 nm, thereby the recitaitons of claim 16 is considered obvious.
In regard to claim 15, as set forth above, Buschmann, in view of Kim, discloses the same membrane as that recited in claim 1. In light of teachings from Buschmann, in view of Kim, the claimed weight percent range of the NiO NPs, based on total weight of the active layer, would have been obvious to one of ordinary skill in the art through routine experimentation in an effort to optimize membrane utility taking into consideration the operational parameters of the filtration operation (residence time, temperature, pressure, throughput), the geometry of the membrane bodies, the physical and chemical make-up of the fluid feedstock to be treated as well as the nature of the treated fluid end-products.
In regard to claims 18 and 19, Buschmann discloses an embodiment of filtering fluid comprising standard brackish water and cheese whey solution (col. 59, lines 43-62), and NaCl solution (col. 61, Example 19). Since cheese whey solution comprises water and oily composition, one skilled in the art would have reasonably expected that the membrane taught by Buschmann, in view of Kim, is applicable to the separation of oil and water from a mixture as recited in claim 18.
Since Buschmann, in view of Kim, discloses the same process of separating oil and water from a mixture using the membrane as that recited in claim 18, it is asserted, absent evidence to the contrary, that one would reasonably expect that the process as taught by Buschmann, in view of Kim, to function the same as the process recited in claim 18. Specifically, it is asserted that one would reasonably expect the membrane of Buschmann, in view of Kim, would results in the filtered solution comprises at least 80% less of the oil than the oil and water 20 mixture, or the membrane has a permeate flux of 150 Lm-2 h-1 (LMH) to 250 LMH at 1 bar.
Conclusion
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/YOUNGSUL JEONG/Primary Examiner, Art Unit 1772