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 .
DETAILED ACTION
This Office Action is in response to the communication filed on 8/6/25. Applicant’s arguments have been considered but are not found persuasive. Clams 1, 14 and 71-75 are pending. This Action is Non-FINAL.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/6/25 has been entered.
Claims Analysis
The claims are directed toward a bifunctional air electrode. Method limitations contained in the claims are not given patentable weight. Claim 1 is interpreted as a bifunctional air electrode comprising a porous solid metal substrate of nickel coated stainless steel particles wherein metal nitride catalyst is deposited on the porous solid metal substrate.
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, 14 and 71-75 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 "nickel coated stainless steel" in line 4. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests “nickel coated stainless steel particles”.
Claim 1 recites “metal nitride catalyst deposited on nickel coated stainless steel of porosity of the porous sintered solid of the metal substrate”, which is indefinite. Porosity is a measure of void spaces within a material calculated as the ratio of pore volume to total volume. It is unclear what “of porosity of the porous sintered solid of the metal substrate” encompasses.
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.
Claim(s) 1, 14, 73 and 75 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizuno, WO 2012/023018 A1 in view of Dopp et al., US2011/0114496 A1.
Mizuno teaches an air electrode including an air electrode catalyst that contains a metal nitride or metal oxynitride (abstract). The metal nitrides include both transition metal nitrides and typical metal nitrides. The metal oxynitride may be a transition metal oxynitride [0016]. The air electrode has an air electrode layer and an air electrode current collector. The air electrode layer may optionally contain a binder and/or a conductive material [0017-0018]. The metal nitrides and metal oxynitrides may be used singly or in combination with another oxygen reduction catalyst as the air electrode catalyst. Examples of the other oxygen reduction catalyst include perovskite oxides that contain a transition metal such as cobalt, manganese or iron. Also inorganic ceramics such as manganese dioxide maybe used [0019]. The air electrode layer is formed by applying the air electrode material that contains at least the air electrode catalyst to a support such as an air electrode current collector [0022]. The material for the air electrode current collector may be a metal mesh (having a porosity). The metal may be stainless steel, nickel, aluminum, iron or titanium [0024]. The metal nitride may be zirconium nitride (ZrN) [0016].
Mizuno does not explicitly teach the air electrode current collector comprises a nickel coated stainless steel. However, Dopp teaches the fabrication of electrodes and electrode surfaces as well as devices that use the electrodes. For example, a metallic powder may be co-plated. Applications include electrolysis cells, fuel cells and bifunctional gas electrodes (abstract). A three-component high-surface area electrode is described. In embodiments, the electrode comprises:
A first component may be, substantially, a substrate such as a plate or other structure having a regular or complex geometry and having a smooth or rough surface and consisting of transition metals including among others, nickel, iron, stainless steel, or silver. The first component may be defined by a reticular structure, a plate, a random textile, channeled, dendritic, foam, or self-similar patterned or unpatterned structure with internal channels or external grooves or pits, spines, fins, or any kind of structure that permit fluids or fluid components to reach a surface or surfaces thereof, including a surface of a material layered on the substrate, either by convection, advection or diffusion. The first component may include polytetrafluoroethylene [0041].
A second component may be, substantially, a component of transition metals including among others, nickel, gold or silver attached to the first component, for example by electroplating.
A third component may be, substantially, metal particles; preferably nano-sized metal particles and/or mixed nano-micron sized particles of transition metals including among others iron, tin, nickel, silver, manganese, cobalt and alloys and oxides of these metals. The third component may be partially embedded in the second component and may be principally of nano and/or micron sized particles partially embedded in the second component but exposed such that when the completed electrode is immersed in electrolyte, the third component is in intimate contact with the electrolyte. The third component may be partially covered by the second component but, due to the second component's overlying the third component closely, so conforming to the third component size and shape that the third component imparts a roughness to the surface of the second component that is responsive to the size and shape of the third component [0008-0012]. See also Figure 2. A bifunctional gas electrode is further described at [0051-0057].
Therefore, the invention as a whole would have been obvious to one having ordinary skill in the art at the time the invention was made because Mizuno teaches the material for the air electrode current collector is not specifically limited as long as it has electrical conductivity. An air electrode current collector with high current collection efficiency is desirable [0024]. One of skill in the art would have been motivated to use the current collector of Dopp as the air electrode current collector of Mizuno because both current collectors provide electrical conductivity to the respective air electrodes. The current collector of Dopp provides for high current collection efficiency.
Allowable Subject Matter
Claims 71-72 and 74 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The cited prior art does not teach the specific metal nitride catalysts of the claims.
Response to Arguments
Applicant's arguments filed 8/6/25 have been fully considered but they are not entirely persuasive.
Applicant argues Mizuno and Dopp have not been shown to have described or made obvious a bifunctional electrode including “metal nitride catalyst deposited on nickel coated stainless steel within porosity of the porous sintered solid of the metal substrate”. Examiner disagrees and notes this limitation has been rejected as indefinite. Applicant asserts Mizuno does not teach the cited limitation. However, no support and/or evidence is provided for the assertion. Dopp has been combined with Mizuno to teach and suggest the nickel coated stainless steel metal substrate.
Applicant argues Dopp does not teach a catalyst within porosity of a substrate. However, Dopp is not cited to teach the catalyst. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Dopp teaches a first component may be, substantially, a substrate such as a plate or other structure having a regular or complex geometry and having a smooth or rough surface and consisting of transition metals including among others, nickel, iron, stainless steel, or silver. The first component may be defined by a reticular structure, a plate, a random textile, channeled, dendritic, foam, or self-similar patterned or unpatterned structure with internal channels or external grooves or pits, spines, fins, or any kind of structure that permit fluids or fluid components to reach a surface or surfaces thereof, including a surface of a material layered on the substrate, either by convection, advection or diffusion. The first component may include polytetrafluoroethylene [0041]. A second component may be, substantially, a component of transition metals including among others, nickel, gold or silver attached to the first component, for example by electroplating. Examiner notes “sintered” is a process limitation. Applicant has not provided evidence the claimed metal substrate is structurally different from the metal substrate of Dopp.
Applicant states Dopp teaches a metallic powder (particles) is coplated (top of page 7 of the amendment). Dopp teaches multiple structures for the first component and is not limited to any specifically disclosed structure. Dopp teaches a metallic powder (particles). Arguments relating to the different processes of electroplating and sintering are not found persuasive as the claims are not directed toward a method of producing a bifunctional air electrode. Applicant asserts Dopp “is not the same as a metal substrate of porous sintered solid” without any apparent support for the assertion. Applicant has not provided any evidence the claimed bifunctional air electrode is structurally different from the bifunctional air electrode of the cited prior art.
Conclusion
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/TRACY M DOVE/Primary Examiner, Art Unit 1725