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 .
Response to Election/Restrictions
Applicant's timely election with traverse of Group I, claims 1-3, in the reply filed 05/15/2026 is acknowledged.
The traversal is on the ground(s) that (1) the present application is directed to heat storage carbon material, whereas CN103613393A focuses on carbon bricks for blast furnace lining; the two materials differ fundamentally in terms of service scenario, technical function and design purpose without no technical overlap whatever; (2) the preparation method of the coal-based heat storage material of the present application differs from that of the blast furnace lining carbon brick in CN103613393A, especially in terms of raw materials; the raw material of the present subject matter includes coal, which is distinct from the electrically calcined anthracite adopted in CN103613393A; in addition, the raw materials of CN103613393A further contain aluminum powder and titanium dioxide; the addition of aluminum and titanium dioxide will significantly change the microscopic morphology and microstructure of carbon materials (pp. 6-7).
In response, Applicant’s argument is considered but moot, because Groups I, II, and III lack unity of invention because even though the inventions of these groups require the technical feature of a coal-based heat storage carbon material, this technical feature is not a special technical feature as it does not make a contribution over the prior art Gao (CN 103864048 A, hereinafter Gao). The limitation “heat storage” is an intended use and does not add structural difference, thus the intended use is extended little patentable weight. See MPEP § 2112.02. Gao teaches that a carbon electrode is prepared by using three raw materials: semi-graphitized anthracite, graphite, and pitch ([0029], claim 8); a method for preparing the carbon electrode comprising steps of:
mixing semi-graphitized anthracite, graphite, and pitch to form a mixture;
pressing and molding the mixture to form a molded body;
roasting the molded body at a temperature up to 1200 °C to form the carbon electrode ([0009]-[0015], [0025]), which overlaps with the roasting temperature of “800 to 1300 °C” as disclosed by the instant invention.
Gao also teaches that in the preparation of the carbon electrode, semi-graphitized anthracite is used in an amount of 30-40 parts by weight, graphite is used in an amount of 40-50 parts by weight, and pitch is used in an amount of 15-25 parts by weight ([0020], [0022]), which all fall within the coal content of “10 wt % to 80 wt %”, the filler (i.e. graphite) content of “0 wt % to 55 wt %”, and the binder (i.e. pitch) content of “10 wt % to 40 wt %” as disclosed by the instant invention.
Gao also teaches that the semi-graphitized anthracite is made by calcinating anthracite at a high temperature up to 2300 °C ([0016]), which overlaps with the coal pretreatment temperature of “1050 to 3000 °C” as disclosed by the instant invention. The anthracite in Gao reads on the coal as disclosed by the instant invention. The carbon electrode of Gao reads on the claimed coal-based carbon material.
Gao teaches that the semi-graphitized anthracite has ash content of less than 2% ([0017]). Gao further teaches that the carbon electrode has high strength ([0082]); the carbon electrode can have compressive strength in a range of 28 to 32 MPa (Examples 1-3, Tables 2-4), which falls within the claimed range of “18 to 50 MPa”. Gao teaches that the carbon electrode can have a bulk density of about 1.7 g/cm3 (Examples 1-3, Tables 2-4), which overlaps with the claimed range of “1.7 to 2 g/cm3”.
"Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established." In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01 I.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to reasonably expect that the claimed properties of the material comprising component A having a ratio of ID/IG in a range of 0 to 0.6 and component B having a ratio of ID/IG of more than 1, the material having a crystallite size Lc in c-axis direction of 15 to 70 nm, a crystallite size La in a-axis direction of 15 to 150 nm and an interlayer spacing d002 at a (002) crystal plane of 3.345 to 3.370 nm obtained by XRD, would be present in the carbon electrode as taught by Gao, because the carbon electrode as taught by Gao is produced by identical or substantially identical processes comprising mixing 10-80 wt% of coal, 10-40 wt% of pitch, and 0-55 wt% of graphite to obtain a mixture, pressing and molding the mixture to obtain a molded sample, and roasting the molded sample at a temperature of 800 to 1300° C, further comprising a step of pretreating the coal at a temperature of 1050 to 3000 °C prior to the step of mixing as disclosed by the instant invention. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Thereby the restriction requirement is still deemed proper and is therefore made FINAL.
Claims 1-18 are pending. Claims 4-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected inventions, there being no allowable generic or linking claim.
Therefore, claims 1-3 are currently under examination.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites “the coal-based heat storage material”. Applicant is suggested to revise it as “the coal-based heat storage carbon material” for clarity.
Appropriate correction is required.
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.
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.
1. Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Gao (CN 103864048 A, hereinafter Gao).
Regarding claims 1-3, the limitation “heat storage” is an intended use and does not add structural difference, thus the intended use is extended little patentable weight. See MPEP § 2112.02.
The instant invention discloses a preparation method of a coal-based heat storage carbon material comprising the following steps:
S1: mixing components of a composition to obtain a mixture;
S2: subjecting the mixture to compaction and molding to obtain a molded sample;
S3: roasting the molded sample in a temperature of 800 to 1300° C to obtain the coal-based heat storage carbon material (instant US [0097]);
wherein the composition comprises coal, a binder, and an optional thermally conductive filler;
wherein based on the total weight of the composition, the content of the coal is in the range of 10 wt % to 80 wt %, the content of the binder is in the range of 10 wt % to 40 wt %, and the content of the thermally conductive filler is in the range of 0 wt % to 55 wt % (instant US [0017]-[0022]);
wherein the binder is pitch (instant US [0059], Examples 1-3), and the thermally conductive filler is graphite (Examples 1-3).
The instant invention also discloses that the method further comprises a step of pretreating the coal at a high temperature prior to step S1, wherein the high temperature for pretreatment is in a range of 1050 to 3000° C (instant US [0085], [0087]).
Gao teaches that a carbon electrode is prepared by using three raw materials: semi-graphitized anthracite, graphite, and pitch ([0029], claim 8); a method for preparing the carbon electrode comprising steps of:
mixing semi-graphitized anthracite, graphite, and pitch to form a mixture;
pressing and molding the mixture to form a molded body;
roasting the molded body at a temperature up to 1200 °C to form the carbon electrode ([0009]-[0015], [0025]), which overlaps with the roasting temperature of “800 to 1300 °C” as disclosed by the instant invention.
Gao also teaches that in the preparation of the carbon electrode, semi-graphitized anthracite is used in an amount of 30-40 parts by weight, graphite is used in an amount of 40-50 parts by weight, and pitch is used in an amount of 15-25 parts by weight ([0020], [0022]), which all fall within the coal content of “10 wt % to 80 wt %”, the filler (i.e. graphite) content of “0 wt % to 55 wt %”, and the binder (i.e. pitch) content of “10 wt % to 40 wt %” as disclosed by the instant invention.
Gao also teaches that the semi-graphitized anthracite is made by calcinating anthracite at a high temperature up to 2300 °C ([0016]), which overlaps with the coal pretreatment temperature of “1050 to 3000 °C” as disclosed by the instant invention. The anthracite in Gao reads on the coal as disclosed by the instant invention. The semi-graphitized anthracite in Gao reads on the pretreated coal as disclosed by the instant invention. The carbon electrode in Gao reads on the claimed coal-based carbon material. Furthermore, the graphite in Gao reads on the claimed component A. The anthracite in Gao reads on the claimed component B.
Gao teaches that the semi-graphitized anthracite has ash content of less than 2% ([0017]). Gao further teaches that the carbon electrode has high strength ([0082]); the carbon electrode can have compressive strength in a range of 28 to 32 MPa (Examples 1-3, Tables 2-4), which falls within the claimed range of “18 to 50 MPa”.
Gao teaches that the carbon electrode can have a bulk density of about 1.7 g/cm3 (Examples 1-3, Tables 2-4), which overlaps with the claimed range of “1.7 to 2 g/cm3”.
Furthermore, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985) (Court held as proper a rejection of a claim directed to an alloy of "having 0.8% nickel, 0.3% molybdenum, up to 0.1% iron, balance titanium" as obvious over a reference disclosing alloys of 0.75% nickel, 0.25% molybdenum, balance titanium and 0.94% nickel, 0.31% molybdenum, balance titanium. "The proportions are so close that prima facie one skilled in the art would have expected them to have the same properties."). See MPEP 2144.05 I.
Gao does not teach that the carbon electrode comprises component A having a ratio of ID/IG in a range of 0 to 0.6, and component B having a ratio of ID/IG of more than 1; the carbon electrode has a crystallite size Lc in c-axis direction of 15 to 70 nm, a crystallite size La in a-axis direction of 15 to 150 nm and an interlayer spacing d002 at a (002) crystal plane of 3.345 to 3.370 nm, obtained by XRD; the carbon electrode has a thermal conductivity of 10 to 200 W/m·K, and a ratio of compressive strength to thermal conductivity being 0.3 to 0.8.
However, "Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established." In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01 I.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to reasonably expect that the claimed properties of the material comprising component A having a ratio of ID/IG in a range of 0 to 0.6 and component B having a ratio of ID/IG of more than 1, the material having a crystallite size Lc in c-axis direction of 15 to 70 nm, a crystallite size La in a-axis direction of 15 to 150 nm and an interlayer spacing d002 at a (002) crystal plane of 3.345 to 3.370 nm obtained by XRD, and the material having a thermal conductivity of 10 to 200 W/m·K and a ratio of compressive strength to thermal conductivity being 0.3 to 0.8, would be present in the carbon electrode as taught by Gao, because the carbon electrode as taught by Gao is produced by identical or substantially identical processes comprising mixing 10-80 wt% of coal, 10-40 wt% of pitch, and 0-55 wt% of graphite to obtain a mixture, pressing and molding the mixture to obtain a molded sample, and roasting the molded sample at a temperature of 800 to 1300° C, further comprising a step of pretreating the coal at a temperature of 1050 to 3000 °C prior to the step of mixing as disclosed by the instant invention. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
2. Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Yang (CN 1110013 A, hereinafter Yang).
Regarding claims 1-3, the limitation “heat storage” is an intended use and does not add structural difference, thus the intended use is extended little patentable weight. See MPEP § 2112.02.
The instant invention discloses a preparation method of a coal-based heat storage carbon material comprising the following steps:
S1: mixing components of a composition to obtain a mixture;
S2: subjecting the mixture to compaction and molding to obtain a molded sample;
S3: roasting the molded sample in a temperature of 800 to 1300° C to obtain the coal-based heat storage carbon material (instant US [0097]);
wherein the composition comprises coal, a binder, and an optional thermally conductive filler;
wherein based on the total weight of the composition, the content of the coal is in the range of 10 wt % to 80 wt %, the content of the binder is in the range of 10 wt % to 40 wt %, and the content of the thermally conductive filler is in the range of 0 wt % to 55 wt % (instant US [0017]-[0022]);
wherein the binder is pitch (instant US [0059], Examples 1-3), and the thermally conductive filler is graphite (Examples 1-3).
The instant invention also discloses that the method further comprises a step of pretreating the coal at a high temperature prior to step S1, wherein the high temperature for pretreatment is in a range of 1050 to 3000° C (instant US [0085], [0087]).
Yang teaches a carbon composite material; the components for making the carbon composite material include calcined anthracite in an amount of 40-73 wt%, pitch in an amount of 27-30 wt%, and graphite in an amount of 0-30 wt% (excluding 0) ([0004]), which all fall within the coal content of “10 wt % to 80 wt %”, the binder (i.e. pitch) content of “10 wt % to 40 wt %”, and the filler (i.e. graphite) content of “0 wt % to 55 wt %” as disclosed by the instant invention.
Yang also teaches a method for making the carbon composite material comprising steps of:
mixing calcined anthracite, pitch, and graphite to obtain a mixture;
pressing and molding the mixture to obtain a molded body;
calcinating the molded body at an end temperature not lower than 1100 °C to obtain the carbon composite material ([0004], [0009]), which overlaps with the roasting temperature of “800 to 1300 °C”, and the pretreatment temperature of “1050 to 3000 °C” as disclosed by the instant invention.
The calcined anthracite in Yang reads on the pretreated coal as disclosed by the instant invention. The carbon composite material in Yang reads on the claimed coal-based carbon material. Furthermore, the graphite in Yang reads on the claimed component A. The calcined anthracite in Yang reads on the claimed component B.
Yang does not teach that the carbon composite material comprises component A having a ratio of ID/IG in a range of 0 to 0.6, and component B having a ratio of ID/IG of more than 1; the carbon composite material has a crystallite size Lc in c-axis direction of 15 to 70 nm, a crystallite size La in a-axis direction of 15 to 150 nm and an interlayer spacing d002 at a (002) crystal plane of 3.345 to 3.370 nm, obtained by XRD; the carbon composite material has a bulk density of 1.7 to 2 g/cm3, a thermal conductivity of 10 to 200 W/mK, a compressive strength of 18 to 50 MPa, and a ratio of compressive strength to thermal conductivity being 0.3 to 0.8.
However, "Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established." In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01 I.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to reasonably expect that the claimed properties of the material comprising component A having a ratio of ID/IG in a range of 0 to 0.6 and component B having a ratio of ID/IG of more than 1, the material having a crystallite size Lc in c-axis direction of 15 to 70 nm, a crystallite size La in a-axis direction of 15 to 150 nm and an interlayer spacing d002 at a (002) crystal plane of 3.345 to 3.370 nm obtained by XRD, and the material having a bulk density of 1.7 to 2 g/cm3, a thermal conductivity of 10 to 200 W/mK, a compressive strength of 18 to 50 MPa, and a ratio of compressive strength to thermal conductivity being 0.3 to 0.8, would be present in the carbon composite material as taught by Yang, because the carbon composite material as taught by Yang is produced by identical or substantially identical processes comprising mixing 10-80 wt% of coal, 10-40 wt% of pitch, and 0-55 wt% of graphite to obtain a mixture, pressing and molding the mixture to obtain a molded sample, and roasting the molded sample at a temperature of 800 to 1300° C, wherein the coal is pretreated in a high/calcinated temperature as disclosed by the instant invention. Therefore, the invention as a whole would be obvious to a person of ordinary skill in the art.
Conclusion
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/JIAJIA JANIE CAI/Examiner, Art Unit 1761
/MATTHEW R DIAZ/Primary Examiner, Art Unit 1761
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