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 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, 5 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Fujimori et al (wo 2020/138378).
The Fujimori et al reference teaches a method of growing a carbon nanotube wire, note entire translation. The reference teaches a growth step for supplying a carbon-containing gas to a plurality of suspended catalyst particles to grow carbon nanotubes. Then an elongation step of suspended carbon nanotubes to elongate the carbon nanotubes and orientate them, translation pages 3 and 4. An aggregation step for orienting and aggregating the plurality of suspended carbon nanotubes along the direction of the flow of the carbon-containing gas to obtain a plurality of carbon nanotube yarns. A bundling step for orienting and bundling the plurality of carbon nanotube yarns along the long direction thereof to obtain carbon nanotube wires, translation page 4, also note claims, in particular, claims 26, 28, 31, 32, examples, drawings.
With regards to claim 3, the Fujimori et al reference teaches the wires and tubes aligned in longitudinal direction, note examples
With regards to claim 6, the Fujimori et al reference teaches agas collector with through holes for the nanotubes and guide gas discharge, note figs
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.
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujimori et al (wo 2020/138378).
The Fujimori et al reference is relied on for the same reasons as stated, supra, and differs form the instant claim in the collecting gas velocity. However, in the absence of unexpected results, it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to determine through routine experimentation the optimum, operable collecting gas velocity in the Fujimori et al reference in order to ensure proper alignment of the nanotubes and bundling.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujimori et al (wo 2020/138378).
The Fujimori et al reference is relied on for the same reasons as stated, supra, and differs from the instant claim in the gas being inert. However, in the absence of unexpected results, it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to determine through routine experimentation the optimum, operable gas being inert in the Fujimori et al reference in order to prevent introducing impurities into the chamber.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujimori et al (wo 2020/138378).
The Fujimori et al reference is relied on for the same reasons as stated, supra, and differs from the instant claim in the through hole shape. However, in the absence of unexpected results, it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to determine through routine experimentation the optimum, operable through shape, cone or cylindrical in the Fujimori et al reference in order to have uniform flows of the gases and nanotubes.
Examiner’s Remarks
The remaining references are merely cited of interest as showing the state of the art in nanotube and wire growth.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT M KUNEMUND whose telephone number is (571)272-1464. The examiner can normally be reached M-F 8:00 am to 4:30 pm.
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RMK
/ROBERT M KUNEMUND/ Primary Examiner, Art Unit 1714