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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/07/2024 has been considered by the examiner. Initialed copies accompany this action.
Drawings
The Drawings filed 10/7/2024 are approved by the examiner.
Claim Rejections - 35 USC § 103
Claims 1, 2, and 7-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kennel et al. (US20080230935).
Regarding claims 1 and 11, Kennel discloses a process for forming a pitch foam/carbon foam, comprising forming a mixture comprising carbonaceous precursor material and an additive including silicon and/or silicon source (para 0018), loading the mixture into a reactor (vessel), and pyrolyzing the mixture to form the pitch foam, the pyrolyzing step comprising: pressurizing the reactor with a gaseous blowing agent such as N2 or CO2 or both (para 0014) in a supercritical state (para 0015), contacting the mixture with the CO2, N2 or both and heating the reactor at a specified temperature to form the foam (para 0017). Kennel discloses the foam matrix comprising a plurality of intact pores (Fig.2), but does not disclose the intact pores having an average pore diameter of about 20 microns to about 200 microns and the silicone particles encapsulated within the carbon foam matrix, the intact pores, or both. However, the carbon foam of the prior art is produced by identical or substantially identical processes that set forth by applicant. Therefore, the composition of prior art would possess the same properties as claimed. “Product of identical chemical composition cannot have mutually exclusive properties". A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 15 USPQ2d 1655, (Fed. Cir. 1990). See also In re Best, 562 F.2d 1252, 195 USPQ 430, (CCPA 1977). "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). “When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product. In re Best, 562 F.2d at 1255, 195 USPQ at 433. See also Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985).
Regarding claim 2, Kennel discloses the temperature is at least 100oC (para 0020 - Above 100oC covers the claimed about 200oC to about 800oC) and pressurizing the carbonaceous precursor material with the gaseous blowing agent in the vessel at a pressure from about 100 psi to about 3000 psi (para 0008).
Regarding claims 7-9, Kennel discloses the foaming precursor includes wood (para 0003), which contains lignin.
Regarding claim 10, Kennel discloses water vapor can be used with CO2, N2 or both (para 0014).
Regarding claims 12-14, Kennel does not disclose the amount of carbon and/or silicon in the composite. However, Kennel discloses such additive is added to reduce the flammability and improve the mechanical properties of the pitch foam (para 0018). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to determine an optimum amount of carbon and/or silicon, such that it falls in the claimed ranges, in order to reduce the flammability and improve the mechanical properties of the pitch foam, and in the absence of new or unexpected results that are fully commensurate in scope with the claimed subject matter and for which objective evidence is offered across the entire ranges, a prima facie case of obviousness exists.
Regarding claims 15 and 16, Kennel discloses the process further comprises heat treating to at least 1000oC or 2000oC to form carbon or graphitize the carbon foam (para 0020-21). The electrical conductivity of carbon or graphitize carbon foam falls within the claimed 10-8 to 9x105 S/m.
Regarding claim 17, Kennel discloses a process for forming a pitch foam/carbon foam, comprising forming a feedstock comprising wood (para 0003) and an additive including silicon and/or silicon source (para 0018), loading the feedstock into a reactor (vessel), and pyrolyzing the feedstock to form the pitch foam, the pyrolyzing step comprising: pressurizing the reactor with a gaseous blowing agent such as N2 or CO2 or both (para 0014) in a supercritical state (para 0015), contacting the mixture with the CO2, N2 or both and heating the reactor to above 100oC at a rate of about 10oC/min to form the foam (para 0017, 0020). Above 100oC covers the claimed about 200oC to about 800oC.
Claims 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Kennel et al. (US20080230935) in view of Ostrovskiy et al (ISSN 1068-364X, Coke and Chemistry, 2018, Vol. 61, No. 1, pp. 19–28), Kim et al (US20090304570) and Funk (US4,501,205)
Kennel discloses a process for forming a pitch foam/carbon foam as described above. Kennel does not disclose the mixture comprises a surfactant. Ostrovskiy discloses surfactants can be used to reduce the viscosity of coal pitch (Table 12). Kim discloses surfactants can be used as pyrolytic templates for preparing a porous carbon structure (abstract, 0025). Funk discloses using dispersants/surfactants including Triton X-100 (octylphenoxy polyethoxy ethanol - C14H22O(C2H4O)n, n=9, 10) (col 16, ln 30), to adjust the viscosity (col 13, 18-45). It would have been obvious to one of ordinary skill in the art before the filling date of the invention to add a surfactant to the mixture comprising carbonaceous precursor material and silicon and/or silicon source in the process of Kennel, thereby adjusting the viscosity of the carbonaceous precursor material to facilitate dissolution of the gaseous blowing agent (para 0017).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Kennel et al. (US20080230935) in view of Cai et al (US20190248656).
Regarding claim 8, Kennel discloses a process for forming a pitch foam/carbon foam as described above. Kennel does not disclose the particle size of wood. Cai discloses using lignin, which were grounded to fine powders using a ball mill machine to provide particle sizes in the range of from 500 nm to 1 mm (para 0017, 0018, 0054) to make a carbon foam. It would have been obvious to one of ordinary skill in the art before the filling date of the invention to use lignin having the particle sizes in the range of from 500 nm to 1 mm as taught by Cai in the process of Kennel with a reasonable expectation of success for forming a pitch foam/carbon foam, and in the absence of new or unexpected results that are fully commensurate in scope with the claimed subject matter and for which objective evidence is offered across the entire ranges, a prima facie case of obviousness exists.
Conclusion
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/HAIDUNG D NGUYEN/Primary Examiner, Art Unit 1761
8/3/2026
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