DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Election/Restrictions
Applicant's election without traverse of electing Group I (claims 1-8) in the reply filed on May 20, 2026 is acknowledged.
Claims 9-15 were withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a canceled invention. Election was made without traverse in the reply filed on May 20, 2026.
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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 2017/0065939 A1).
Regarding claim 1 , Kim teaches an ion transport structure ([0018]), comprising a membrane such as a single layer graphene-based membrane having a thickness of 0.34nm, made of a two-dimensional nanomaterial having defects as shown in Fig. 1 ([0031], [0038], Fig. 1); and nanoflakes such as metal oxide which are located on one surface of the membrane and formed to cover the defects as shown in Fig. 2 ([0031], [0041], [0044], [0045], [0047], [0053], [0063], Fig. 2), and having a primary ion channel formed by the defects as shown in Fig. 1 ([0057], Fig. 1), and a secondary ion channel formed by an interlayer gap between the membrane and the nanoflake as shown in Fig. 2 ([0057], Fig. 2).
Regarding claim 2, Kim teaches wherein the membrane and the nanoflake, each independently, the nanomaterial is graphene for example (Abstract, [0033], [0045], [0046]).
Regarding claim 3, Kim teaches wherein the defects comprise at least one selected from vacancies and grain boundaries as shown in Fig. 1 ([0034], Fig. 1).
Regarding claim 4, Kim teaches wherein the defects carry a negative charge ([0018], [0047], [0066], [0067]).
Regarding claim 5, Kim teaches wherein the membrane has a multilayer structure comprising 2 to 20 layers of two-dimensional nanomaterials ([0038], [0041]).
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.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2017/0065939 A1) as applied to claims 1-5.
Regarding claim 6, Kim teaches wherein the primary ion channel has a size of 0.1nm to 1µm ([0053], Figs. 1 and 2, 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); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997) see MPEP 2144.05).
Regarding claim 7, Kim teaches wherein the secondary ion channel has a size of 0.1nm to 1 µm or less than 1nm as shown in Fig. 2 ([0053], [0056], [0057]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2017/0065939 A1) as applied to claims 1-5, and further in view of Takeshi et al. (JP2012055881 A with English translation attached).
Regard claim 8, Kim teaches an ion transport structure as disclosed above. Kim also teaches transport for filter saltwater such as seawater ([0006], [0007], [0018], [0050]). Kim does not explicitly teach wherein the salt ion is a lithium ion. However, an analogous art, Takeshi teaches filtering saltwater such as seawater with a membrane, wherein the saltwater contains lithium ion (Abstract, [0003]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to recognize the saltwater such as seawater contains lithium ion in Kim, because Takeshi disclosed the saltwater such as seawater which contains lithium ion ([0003]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAI YAN ZHANG whose telephone number is (571)270-7181. The examiner can normally be reached on MTTHF.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAH-WEI YUAN can be reached on 5712721295. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HAI Y ZHANG/ Primary Examiner, Art Unit 1717
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