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 .
Election/Restrictions
Applicant’s election without traverse of Group II, claims 24-28, drawn to a metal oxide material in the reply filed on June 29, 2026 is acknowledged.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 24 and 26-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lu (P. Lu, CuO nanosheets/ZnO nanorods synthesized by a template-free hydrothermal approach and their optical and magnetic characteristics, Ceramics International, 2017(43), pp. 9789-9805).
Regarding claim 24, Lu teaches a metal oxide material ([Abstract]: nanostructured CuO/ZnO heterojunction), said metal oxide material comprising:
ZnO nanorods ([Abstract]: ZnO nanorods; Fig. 4(a); ZnO nanorod); and
oxidized copper particles ([Abstract]: CuO nanosheets) attached to the ZnO nanorods (Fig. 4(a): indicating CuO nanosheets attached to the ZnO nanorod);
wherein the oxidized copper particles are nanoplates ([Abstract]: CuO nanosheets) extending transversally to the ZnO nanorods (Fig. 4(a)), the transversal oxidized copper nanoplates having a normal parallel to a longitudinal axis of the ZnO nanorods or inclined relative to the longitudinal axis by not more than 45⁰ (Fig. 4(a): indicating the CuO nanosheets extending transversally from the ZnO nanorod and the CuO nanosheets are perpendicular the longitudinal axis of the ZnO rod).
Regarding claim 26, Lu teaches wherein the ZnO nanorods have a diameter comprised between 50 and 600nm (p. 9799, col. 2, last para.: the nanorods have the diameter of about 50 nm).
Regarding claim 27, Lu disclose all limitations of claim 24, wherein the transversal oxidized copper nanoplates are perpendicular to the longitudinal axis of the ZnO nanorods (Fig. 4(a): indicating the CuO nanosheets extending transversally from the ZnO nanorod and the CuO nanosheets are perpendicular the longitudinal axis of the ZnO rod) within a tolerance of ±15⁰ (Fig. 4(a): indicating the angle between the ZnO nanorod and the CuO nanosheets is about 90⁰ within a tolerance of ±15⁰).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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) 25 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu.
Regarding claim 25, Lu disclose all limitations of claim 24, but fail to teach wherein the ZnO nanorods have a length comprised between 1 and 10µm.
However, Lu teaches wherein the ZnO nanorods have a length comprised between 1 and 10µm (p. 9800, bridging para. of col. 1-2: the length of nanorods is up to about 1300 nm, i.e., 1.3 µm), which lies within the claimed range.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lu by adjusting the length of ZnO nanorods within the claimed range because it is known and suitable length of ZnO nanorods in the art. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP 2144.05(I). Similarly, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985). MPEP 2144.05(I).
Regarding claim 28, Lu disclose all limitations of claim 24, but fail to teach wherein the ZnO nanorods provided with transversal nanoplates of oxidized copper have a number of the transversal nanoplates of oxidized copper that is comprised between 10 and 100 per µm of length of ZnO nanorod.
However, Lu teaches a ZnO nanorod (Fig. 4(a): the ZnO nanorod is about 600 nm according to the scale bar) and there are about 6 CuO nanosheets attached to the nanorod (Fig. 4(a)), which leads to a calculated number of the transversal nanoplates of oxidized copper is 6/600nm = 10/µm, which overlaps with the claimed range.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lu by adjusting the number of the CuO nanosheets per unit length of the ZnO nanorod within the claimed range because it is known and suitable number for CuO nanosheets attached to the ZnO nanorod disclosed in the prior art. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP 2144.05(I). Similarly, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985). MPEP 2144.05(I).
Conclusion
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/C. SUN/Primary Examiner, Art Unit 1795
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