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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/27/2025 was filed after the filing date of the instant application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 38 is objected to because of the following informalities:
The recitation of “optionally.” (claim 38, line 7) is believed to be --optionally,--.
Appropriate correction is required.
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 1, 4, 8, 10, 14, 19-20, 28-33 and 35-40 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.
Claim 1 recites the limitation "the reverse phase transition" in line 7. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the limitation has been examined as --a reverse phase transition--.
The recitation of “…optionally, wherein the sorptiocaloric material comprises pores having a diameter in the range of 0.1 to 5 nm, such as from 0.5 to 1.5 nm; and/or wherein the sorptiocaloric material has a pore volume from 0.1 cm3 g-1 to 10 cm3 g-1, such as from 1 cm3 g-1 to 5 cm3 g-1 or from 1 cm3 g-1 to 3 cm3 g-1.” (claim 4, claim 29 and claim 35) is unclear. The terms “optionally” and “such as” render the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention, since they involve an option; not compulsory. For examination purposes, the limitations following the phrases “optionally” and “such as” will not be considered.
Regarding claim 8 and claim 30, 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). For examination purposes, the recitations following the phrase “such as” will not be considered.
The recitation of “…optionally wherein the sorptiocaloric material is a metal organic framework in the MIL family, such as MIL-53, such as MIL-53(Fe); optionally wherein the metal organic framework is a MIL family or ZIF family metal organic framework such as MIL-53, including MIL-53(Fe), MIL-53(Al), MIL-53(Cr) and MIL-53(Ga) or MIL-47 including MIL-47(VIv); MIL-100 and MIL-101; or ZIF-4 and ZIF-7, preferably, the sorptiocaloric material is a MIL family metal organic framework such as MIL-53(Fe); optionally wherein the fluid is selected from carbon dioxide, water and methane; optionally wherein the fluid is a benign fluid, optionally selected from nitrogen, carbon dioxide and water; optionally wherein the fluid comprises water.” (claim 10) is unclear. The terms “optionally” and “such as” render the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention, since they involve an option; not compulsory. For examination purposes, the limitations following the phrases “optionally” and “such as” will not be considered.
The recitation of “…optionally wherein the sorptiocaloric material is a covalent-organic framework-selected from COF-1, COF-5, COF-6, COF-8 and COF-10; and/or wherein the fluid is carbo dioxide; optionally wherein the fluid is a benign fluid, optionally selected from nitrogen, carbon dioxide and water; optionally wherein the fluid comprises water.” (claim 14) is unclear. The terms “optionally” and “such as” render the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention, since they involve an option; not compulsory. For examination purposes, the limitations following the phrases “optionally” and “such as” will not be considered.
Regarding claim 20, 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). For examination purposes, the recitations following the phrase “such as” will not be considered.
Claim limitations “means for transferring” and “means for reversibly contacting” (claim 28) invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Regarding claims 31-33, 36-38 and 40, the phrases “optionally” and "such as" render the claims indefinite because it is unclear whether the limitations following the phrases are part of the claimed invention, since they involve an option; not compulsory. For examination purposes, the limitations following the phrases “optionally” and “such as” will not be considered.
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 (i.e., changing from AIA to pre-AIA ) 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) 1, 4, 8, 10, 19-20, 28-31, 33-37 and 39-40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elsheniti Mahmoud B. ET AL: “Adsorption Refrigeration Technologies” In: "Sustainable Air Conditioning Systems", 13 June 2018 (2018-06-13), InTech, XP093038289, ISBN: 978-1-78923-301-8 DOI: 10.5772/ intechopen.73167 (hereinafter, Elsheniti; refer to document as provided by Applicant).
Regarding claim 1, Elsheniti discloses a method of caloric cooling or heating, the method comprising the steps of:
(i) providing a sorptiocaloric material (refer to the four ideal thermodynamic processes of an adsorbent bed as in fig.3);
(ii) contacting the sorptiocaloric material with a fluid such that the fluid is absorbed into and at least partially throughout the sorptiocaloric material to induce a phase transition (refer to the isobaric adsorption);
(iii) permitting heat flow from or to the sorptiocaloric material (Qads);
(iv) releasing the fluid such that the fluid is desorbed out of the sorptiocaloric material and a reverse phase transition is induced (refer to the isobaric desorption); and
(v) permitting heat flow to or from the sorptiocaloric material (Qdes).
Regarding claim 4, Elsheniti meets the claim limitations as disclosed above in the rejection of claim 1. Further, Elsheniti discloses wherein the sorptiocaloric material is porous (refer to fig.7, more specifically material MIL-101Cr).
Regarding claim 8, Elsheniti meets the claim limitations as disclosed above in the rejection of claim 1. Further, Elsheniti discloses wherein the sorptiocaloric material is a crystalline framework (refer to pg.77, wherein the material comprises zeolites, which are microporous, alumina silicate crystals composed of alkali or alkali soil).
Regarding claim 10, Elsheniti meets the claim limitations as disclosed above in the rejection of claim 1. Further, Elsheniti discloses wherein the sorptiocaloric material is selected from a metal organic framework (refer to the Abstract, wherein new materials such as metal-organic frameworks are provided).
Regarding claims 19 and 39, Elsheniti meets the claim limitations as disclosed above in the rejection of claims 1 and 34 respectively. Further, Elsheniti discloses wherein the fluid further provides heat transfer to and from the sorptiocaloric material (refer to the basic adsorption cooling system as in fig.2).
Regarding claim 20, Elsheniti meets the claim limitations as disclosed above in the rejection of claim 1. Further, Elsheniti discloses wherein a phase transition in the sorptiocaloric material displays a latent heat, IQol, that is 10 kJ kg-1 or more (refer to pg.82 wherein material MIL-53 (Fe) is used).
Regarding claim 28, Elsheniti discloses a cooling or heating apparatus comprising a sorptiocaloric material as a cooling or heating agent (refer to the four ideal thermodynamic processes of an adsorbent bed as in fig.3);
a means for transferring heat to and from the sorptiocaloric material; and
a means for reversibly contacting the sorptiocaloric material with a fluid such that the fluid is absorbed into the sorptiocaloric material (refer to the basic adsorption cooling system under one complete cycle as in fig.2, including an expansion valve, a condenser and evaporator).
Regarding claims 29 and 35, Elsheniti meets the claim limitations as disclosed above in the rejection of claims 28 and 34 respectively. Further, Elsheniti discloses wherein the sorptiocaloric material is porous (refer to fig.7, more specifically material MIL-101Cr).
Regarding claims 30 and 36, Elsheniti meets the claim limitations as disclosed above in the rejection of claims 28 and 34 respectively. Further, Elsheniti discloses wherein the sorptiocaloric material is a crystalline framework (refer to pg.77, wherein the material comprises zeolites, which are microporous, alumina silicate crystals composed of alkali or alkali soil).
Regarding claims 31 and 37, Elsheniti meets the claim limitations as disclosed above in the rejection of claims 28 and 34 respectively. Further, Elsheniti discloses wherein the sorptiocaloric material is a metal organic framework (refer to the Abstract, wherein new materials such as metal-organic frameworks are provided).
Regarding claims 33 and 40, Elsheniti meets the claim limitations as disclosed above in the rejection of claims 28 and 34 respectively. Further, Elsheniti discloses wherein a phase transition in the sorptiocaloric material displays a latent heat, IQol, that is 10 kJ kg-1 or more (refer to pg.82 wherein material MIL-53 (Fe) is used).
Regarding claim 34, Elsheniti discloses use of a sorptiocaloric material as a cooling or heating material, wherein the use comprises contacting the sorptiocaloric material with a fluid such that the fluid is absorbed into and throughout the sorptiocaloric material to induce a phase transition (refer to the four ideal thermodynamic processes of an adsorbent bed as in fig.3).
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 14, 32 and 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elsheniti Mahmoud B. ET AL: “Adsorption Refrigeration Technologies” In: "Sustainable Air Conditioning Systems", 13 June 2018 (2018-06-13), InTech, XP093038289, ISBN: 978-1-78923-301-8 DOI: 10.5772/ intechopen.73167 (hereinafter, Elsheniti) in view of Van Horn (US 2015/0291870).
Regarding claims 14, 32 and 38, Elsheniti meets the claim limitations as disclosed above in the rejection of claims 1, 28 and 34 respectively. Further, Elsheniti discloses the sorptiocaloric material, but fails to explicitly disclose wherein the sorptiocaloric material is a covalent organic framework.
However, Van Horn teaches an adsorption system using a covalent organic framework. The attractiveness behind these materials was exclusively use of light elements such as H, B, C, N and O which are known to form well established materials (ex: graphite, diamond, boron nitride etc) with strong covalent bonds. The fine tunability of the organic building block with various functional groups, extending the size, lead to the formation of lightweight functionalized micro/meso porous covalent frameworks with desired applications (refer to par.47).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Elsheniti such that the sorptiocaloric material is a covalent organic framework in view of the teachings by Van Horn, in order to provide a lightweight functionalized micro/meso porous covalent framework with desired applications.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANA M VAZQUEZ whose telephone number is (571)272-0611. The examiner can normally be reached M-F 7-4.
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/ANA M VAZQUEZ/Primary Examiner, Art Unit 3763
