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 .
Claim Objections
Claim 2 is objected to because of the following informalities: “wherein m11 to m 13 and m17 to m19 are each independently an integer of 0 to 4. m14 to m16 are each independently an integer of 0 to 6.” There are two periods in the claim. Appropriate correction is required.
Claim Rejections - 35 USC § 102/103
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.
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.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Fontaine et al., International Publication No. WO/2020/057990 (hereinafter referred to as Fontaine).
Regarding claims 1-10, Fontaine discloses a gas storage material and gas separation system capable of regulating the storage pressure and release pressure of a gas wherein the gases include acetylene and DMF. A gas storage material which has two cubic lattice-shaped organometallic complexes, wherein the two organometallic complexes form an interpenetrating structure in which one apex portion of a unit cell of one of the organometallic complexes is positioned in a space inside one unit cell of the other organometallic complex which includes the ligands of claims 2 and 3 and metals of claim 4 (see Abstract and see Examples and Figure 5 and Pages 8-9).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: International Publication Nos. WO/2021/043491 and WO/2021/043492 are very similar to Fontaine discussed above.
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/VISHAL V VASISTH/Primary Examiner, Art Unit 1771
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