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 .
The pending claims are claims 1-12.
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) 1, 3-7, 9-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawamura et al., WO 2021095619.
Regarding claim 1, Kawamura et al., teaches a hydrogen boride-containing composition (0001; 0040) comprising: a hydrogen boride-containing sheet having a two-dimensional network (0040) consisting of (BH)n (n>4, where n is an integer) (0008; 0012-0014); and an electron donor (0001; 0017), wherein at least a portion of the electron donor is supported on a surface of the hydrogen boride-containing sheet (0017), and electrons of the electron donor are supplied to the hydrogen boride-containing sheet by external stimulus (0033), and hydrogen is generated from the hydrogen boride- containing sheet into which the electrons are injected (0058).
Regarding claim 3, Kawamura et al., teaches wherein the electron donor is excited by visible light (0006; 0059), and hydrogen is generated from the hydrogen boride-containing sheet by supplying of the excited electrons to the hydrogen boride-containing sheet (0058-0059).
Regarding claim 4, Kawamura et al., teaches wherein the electron donor is an organic compound (0008; 0012; 0020-0021).
Regarding claim 5, Kawamura et al., teaches electronic donor has at least one of a carboxy group (0022), phospono group (0023), sulfonic acid group (0022-0023; 0026).
Regarding claim 6, Kawamura et al., teaches comprising a solvent (0008; 0012; 0020).
Regarding claim 7, Kawamura et al., teaches further comprising a hole scavenger (alcohols such as methanol, ethanol, butanol, propyl alcohol (0039)); aldehydes (0039).
Regarding claim 9, Kawamura et al., teaches further comprising a proton donor (0008; 0012).
Regarding claim 10, Kawamura et al., teaches wherein the proton donor is an acid (0008; 0012).
Regarding claim 11, Kawamura et al., teaches hydrogen generation system (0059) comprising the hydrogen boride-containing composition (0001; 0040) according to claim 1, the system comprising: a hydrogen boride-containing composition (0001; 0040); a control unit (0014) configured to control on/off of external stimulus to the hydrogen boride-containing composition (0014; 0017); and a hydrogen generation unit configured to take out hydrogen to an outside (0008; 0029).
Regarding claim 12, Kawamura et al., teaches a fuel cell system (0059) comprising: the hydrogen generation system (0059) according to claim 11; and a fuel cell to which hydrogen is supplied from the hydrogen generation system (0059).
Thus, the claims are anticipated.
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(s) 2 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawamura et al., WO 2021095619.
Regarding claim 2, Kawamura et al., does not teach wherein a LUMO (lowest unoccupied molecular orbital) or conduction band level of the electron donor is more negative than a conduction band level of the hydrogen boride- containing sheet (0017; 0058).
However, Kawamura teaches the same components as the Application; A prima facie case of obviousness may be made when chemical compounds have very close structural similarities and similar utilities. "An obviousness rejection based on similarity in chemical structure and function entails the motivation of one skilled in the art to make a claimed compound, in the expectation that compounds similar in structure will have similar properties." In re Payne, 606 F.2d 303, 313, 203 USPQ 245, 254 (CCPA 1979). See In re Papesch, 315 F.2d 381, 137 USPQ 43 (CCPA 1963) (discussed in more detail below) and In re Dillon, 919 F.2d 688, 16 USPQ2d 1897 (Fed. Cir. 1990).
Regarding claim 8, Kawamura et al., does not teach wherein a redox potential of the hole scavenger is more negative than a HOMO (highest occupied molecular orbital) or valence band level of the electron donor.
However, Kawamura teaches the same components as the Application; A prima facie case of obviousness may be made when chemical compounds have very close structural similarities and similar utilities. "An obviousness rejection based on similarity in chemical structure and function entails the motivation of one skilled in the art to make a claimed compound, in the expectation that compounds similar in structure will have similar properties." In re Payne, 606 F.2d 303, 313, 203 USPQ 245, 254 (CCPA 1979). See In re Papesch, 315 F.2d 381, 137 USPQ 43 (CCPA 1963) (discussed in more detail below) and In re Dillon, 919 F.2d 688, 16 USPQ2d 1897 (Fed. Cir. 1990).
Conclusion
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ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727
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