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 .
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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizuuchi (US 20150352522 A1).
With respect to claim 1, the claim requires “A carbon material for catalyst support.” Mizuuchi teaches carbon material for catalyst support (Mizuuchi, abstract).
claim 1 further requires “carbon material for catalyst support comprising elongated carbon mesoporous structures containing graphene,” Mizuuchi teaches rods (Mizuuchi, abstract).
claim 1 further requires “wherein the carbon mesoporous structures each have a major axis in a range of 50 nm to 200 nm and a minor axis in a range of 30 nm to 100 nm.” Mizuuchi teaches the length of dendritic structures to be between 50 to 300 nm. Mizuuchi further teaches the diameter of the dendritic parts of the carbon support material is between 30 to 150 nm (Mizuuchi, [0039]). The claimed major axis corresponds to the length disclosed in Mizuuchi, and the claimed minor axis corresponds to the width of Muzuuchi.
Claim 1 further requires “the pore diameters and the cumulative pore volume determined through analysis of a nitrogen adsorption isotherm using a Dollimore-Heal method are respectively in a range of 1 nm to 20 nm and in a range of 1.5 cc/g to 2.5 cc/g.” Mizuuchi teaches a pore size of 1 to 20 nm and a cumulative pore volume of 0.2 to 1.5 cc/g found by analyzing a nitrogen adsorption isotherm by the Dollimore-Heal method (Mizuuchi, abstract). Mizuuchi does not specifically teach a nitrogen adsorption isotherm value in a range of 1 nm to 20 nm and in a range of 1.5 cc/g to 2.5 cc/g. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select a pore volume in a range of 1.5 cc/g to 2.5 cc/g taught by Mizuuchi because 1.5 cc/g is in the presently claimed range. Overlapping ranges, including ranges overlapping at an endpoint are prima facie obvious. See MPEP 2144.05.
Regarding claim 2, Mizuuchi teaches again having carbon material with a pore size of 1 to 20 nm and a cumulative pore volume of 0.2 to 1.5 cc/g (Mizuuchi, abstract).
Regarding claim 3, Mizuuchi teaches the specific surface area of the carbon mesoporous structures has a BET specific surface area of 200 to 1300 m2/g (Mizuuchi, [0040]).
Regarding claim 4, the claim requires “wherein the carbon mesoporous structures are mainly composed of graphene double-layer cavity walls.“ Mizuuchi teaches carbon mesoporous structures comprising graphene. Mizuuchi does not explicitly teach wherein the carbon mesoporous structures are mainly composed of graphene double-layer cavity walls. However, the claim is deemed inherent according to MPEP 2112.01, “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).” In this case, Mizuuchi teaches a substantially identical process with properties such as: A silver acetylide precipitate being heat treated as is for 10-30 minutes up to 160-200° C. (first heat treatment). Then silver acetylide undergoes separation reaction near 150° C whereby the encapsulated silver erupts and a large number of mesopores are formed at the surface and inside. By this, dendritic nanostructures of carbon (below, referred to as “mesoporous carbon nanodendrites” or simply “carbon nanodendrites”) are obtained. (Mizuuchi, [0035-0038]).
The temperature of the heat treatment is 1600 to 2200° C. The time of the heat treatment changes depending on the heating temperature, but is preferably 0.5 to 4 hours. Mizuuchi further teaches heating is not limited so long as an inert or reduced pressure atmosphere can be achieved. The carbon material for catalyst support u so-called “dendritic structures” comprised of rod-shaped or ring-shaped unit structures (Mizuuchi, [0038]). The lengths of this dendritic parts are usually 50 to 300 nm, while the diameters of the dendritic parts are 30 to 150 nm or so. Therefore, this method for manufacturing a carbon material for catalyst support would necessarily possess the same heat generation caused by charge recombination of the ion pairs claimed.
Regarding claim 5, “A method for manufacturing a carbon material for catalyst support,” Mizuuchi teaches a carbon material used for a catalyst support and method of producing the same (Mizuuchi, [0001])
Claim 5 further requires” preparing a solution containing silver or a silver salt; producing dendritic carbon nanostructures by introducing acetylene gas into the solution, the dendritic carbon nanostructures including silver acetylide and formed by branching rod-shaped bodies or annular bodies.” Mizuuchi teaches silver acetylide precipitate is heat treated as is for 10 minutes to 30 minutes up to 160° C. to 200° C. (first heat treatment). The silver acetylide undergoes an explosive phase separation reaction near 150° C. whereby the encapsulated silver erupts and a large number of mesopores are formed at the surface and inside. By this, dendritic nanostructures of carbon (below, referred to as “mesoporous carbon nanodendrites” or simply “carbon nanodendrites”) are obtained. (Mizuuchi, [0035]).
Claim 5 further requires “producing carbon mesoporous structures incorporating silver by heating the dendritic carbon nanostructures in a water bath at a temperature higher than or equal to 80°C to divide the dendritic carbon nanostructures into elongated carbon nanostructures.” Mizuuchi teaches heating said dendritic carbon nanostructures at 60° C to 80° C (Mizuuchi, claim 3).
Claim 5 further requires “to generate ion pairs of cations of silver clusters and anions of carbon clusters, and to expand the elongated carbon nanostructures through heat generation caused by charge recombination of the ion pairs; and performing a heating treatment on the carbon mesoporous structures in a reduced pressure atmosphere or an inert gas atmosphere at a temperature in a range of 1600°C to 2000°C for a period in a range of 0.5 hours to 2.0 hours.” Mizuuchi teaches producing carbon mesoporous structures by heat treating with temperatures of 1600 to 2200° C for about 0.5 to 4 hours and in an inert or reduced pressure atmosphere (Mizuuchi, [0038]). Mizuuchi further teaches a step of heating said dendritic carbon nanostructures at 60° C to 80° C (Mizuuchi, claim 3). Mizuuchi does not explicitly teach heat generation caused by charge recombination of the ion pairs. However, the claim is deemed inherent according to MPEP 2112.01, “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).” In this case, Mizuuchi teaches a substantially identical process with properties such as: A silver acetylide precipitate being heat treated as is for 10-30 minutes up to 160-200° C. (first heat treatment). Then the silver acetylide undergoes separation reaction near 150° C whereby the encapsulated silver erupts and a large number of mesopores are formed at the surface and inside. By this, dendritic nanostructures of carbon (below, referred to as “mesoporous carbon nanodendrites” or simply “carbon nanodendrites”) are obtained. (Mizuuchi, [0035-0038]) Mizuuchi further teaches the temperature of the heat treatment is 1600 to 2200° C. The time of the heat treatment changes depending on the heating temperature, but is preferably 0.5 to 4 hours. Mizuuchi further teaches heating is not limited so long as an inert or reduced pressure atmosphere can be achieved. The carbon material for catalyst support u so-called “dendritic structures” comprised of rod-shaped or ring-shaped unit structures (Mizuuchi, [0038]). The lengths of this dendritic parts are usually 50 to 300 nm, while the diameters of the dendritic parts are 30 to 150 nm or so.
Conclusion
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/STARFARI TESHAWN MCCLAIN/Examiner, Art Unit 1736
/ANTHONY J ZIMMER/Supervisory Patent Examiner, Art Unit 1736
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