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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: There is no basis in the specification for the subject matter of claim 42 (a fluid selected from the group consisting of carbon dioxide, hydrogen sulfide, water, and combinations thereof). This may be added to the specification because the subject matter was in the claims as filed.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 45 and 48 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 45 and 48, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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) 62 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by any one of WO 2021/219887 A1 or WO 2020/087067 A1.
Any one of WO ‘887 or WO ‘067 teaches a gas separation membrane that is made by depositing a selective polymer on a support layer, wherein the polymer is a selective polymer matrix with nanoporous graphene oxide dispersed therein (see WO ‘887 abstract, page 13, lines 26-34, page 15, lines 27-28, figure 3; WO ‘067 abstract, page 4, lines 1-11).
Claim(s) 1-5, 13, 42, 45, 48 and 51 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Francisco et al. (Membranes comprising of alkanolamines incorporated into poly(vinyl alcohol) matrix for CO2/N2 separation).
Francisco et al. teach a gas permeable membrane for separating carbon dioxide from a gas mixture with nitrogen, comprising a polysulfone substrate layer, a selective poly(vinyl alcohol) (hydrophilic) matrix disposed on the support, and a mobile carrier such as monoethanolamine, 2-amino-2-metyl-1-propanol, or diethanolamine (all having a molecular weight less than 1000 Da) in the matrix layer (see abstract, sections 2, 3.1, 3.2, figures 7, 8). Regarding claims 45 and 48, the recited CO2/H2 selectivity and CO2 permeance will be inherent to the prior membrane because the same materials are used. It is noted that CO2/H2 selectivity and CO2 permeance are disclosed but for different pressures and temperature conditions and in different units.
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) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Francisco et al. in view of WO ‘067.
Francisco et al. disclose all of the limitations of the claim except that there is graphene oxide dispersed within the polymer matrix. WO ‘067 discloses a gas separation membrane as described in paragraph 8 above. It would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the membrane of Francisco et al. by using the graphene oxide of WO ‘067 in order to prevent membrane compaction.
Allowable Subject Matter
Claims 6-12 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Regarding claim 18, it is noted that it is assumed that the amino-silane cross-linking agent is selected from claim 13 and the other options should be canceled if claim 18 is rewritten in independent form.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional references listed on the attached PTO-892 form disclose gas permeable membranes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK LAWRENCE whose telephone number is (571)272-1161. The examiner can normally be reached Mon-Fri 8:30am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached at 571-270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FRANK M LAWRENCE JR/Primary Examiner, Art Unit 1776
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