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 .
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/22/2024 has been considered by the examiner. Initialed copies accompany this action.
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 1-4, 6-10, 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sasson et al. (US 20180123153).
Regarding claim 1, Sasson discloses a method for producing hydrogen, wherein hydrogen is generated from a formate using a metal catalyst in the presence of a solvent by a two-phase system reaction in which the solvent is present in a state where an organic phase (catalyst dissolved in one or more organic solvent) and an aqueous phase (aqueous potassium formate KHCO2) are separated. See the abstract, para 0012-13.
Regarding claim 2, Sasson discloses a phase transfer catalyst is used for the reaction (para 0039).
Regarding claim 3, Sasson discloses the phase transfer catalyst is a quaternary ammonium salt (para 0039).
Regarding claim 4, Sasson discloses the metal catalyst contains at least one metal selected from ruthenium and iridium (para 0015).
Regarding claim 6, Sasson discloses the formate is a potassium formate (para 0012) .
Regarding claim 7, Sasson discloses the organic phase contains at least one selected from toluene, dioxane, tetrahydrofuran, ethyl acetate, methylcyclohexane, and cyclopentyl methyl ether (para 0030-33).
Regarding claims 8-10, Sasson discloses the formate is a potassium formate (para 0012).
Regarding claims 12-14, Sasson discloses the organic phase contains at least one selected from toluene, dioxane, tetrahydrofuran, ethyl acetate, methylcyclohexane, and cyclopentyl methyl ether (para 0030-33).
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.
Claims 5, 11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Sasson et al. (US 20180123153) as applied to claim 1 above, and further in view of Filonenko et al. (ChemCatChem 2014, 6, 1526 – 1530).
Regarding claim 5, Sasson discloses a method for producing hydrogen described above and is incorporated herein by reference. Sasson discloses dehydrogenation reaction of aqueous formate is catalyzed effectively with the aid of a metal complex, such as ruthenium-containing complex (para 0008 and 0017) but does not disclose the claimed ruthenium complex. Filonenko discloses a high stability ruthenium complex (Ru PNP-pincer catalyst 1, abstract), that meets the claimed ruthenium complex.
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It would have been obvious to one of ordinary skill in the art before the filing date of the invention to replace the ruthenium complex in the method of Sasson with the ruthenium complex taught by Filonenko because one of ordinary skill in the art would have been able to carry out such a substitution, and the results of effectively dehydrogenation aqueous formate were reasonably predictable.
Regarding claims 11 and 15, Sasson discloses the organic phase contains at least one selected from toluene, dioxane, tetrahydrofuran, ethyl acetate, methylcyclohexane, and cyclopentyl methyl ether (para 0030-33).
Conclusion
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/HAIDUNG D NGUYEN/ Primary Examiner, Art Unit 1761
3/3/2026