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 .
Response to Amendment
In response to the amendment received September 19, 2025:
Claims 1-17 and 20-24 are pending. Claims 18-19 have been cancelled as per applicant’s request. Claims 16-17 and 20-21 are withdrawn.
The core of the previous rejection is maintained with slight changes made in light of the amendment. All changes to the rejection are necessitated by the amendment.
Claim Interpretation
Claim 1 recites the limitation “exposing the catalyst to an acidic or basic medium.” Claim 7 defines the basic medium as “wherein the basic medium comprises a base having a pKb value ranging from 0 to 8.” Claim 8 defines the basic medium as “wherein the basic medium comprises a base having the general formula NR1R2R3…”
Therefore claims 7 and 8 are interpreted as defining “the basic medium” without requiring the presence of “the basic medium”.
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.
Claims 1-4, 7-8, 10-11, 13-15 and 23-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhu et al. (US 2016/0359172).
Regarding Claim 1, Zhu et al. teaches a method for producing a fuel cell electrode catalyst (Para. [0012]) wherein the catalyst is a platinum alloy composed of platinum and cobalt (Para. [0028-0029], [0090]) (i.e. a method of treating a platinum-alloy catalyst which comprises platinum and at least one metal which is less noble than platinum, wherein the platinum-alloy catalyst does not contain palladium) wherein the electrode catalyst precursor (platinum-cobalt catalyst) is dispersed in electrolyte solution (Para. [0035]) which is an acidic solution (Para. [0032]) (i.e. exposing the catalyst to an acidic medium) and the dispersion is subject to bubbling with a reducing gas (Para. [0036]) such as carbon monoxide (Para. [0054]) (i.e. and at the same time, exposing the catalyst to an adsorptive gas, wherein during the step, the catalyst is not subject to an external electrical circuit or voltage, and wherein the step is performed in the absence of oxidizing or reducing gases which are different from the adsorptive gas), wherein in the bubbling step, a bubbling with an oxidizing gas is performed first (Para. [0036]) and in the bubbling step a one time cycle which includes one time of bubbling with the oxidizing gas and one time of bubbling with the reducing gas (Para. [0058], [0059]) (i.e. wherein the catalyst is not exposed to an oxidizing or reducing gas in the acidic or basic medium after step B).
Regarding Claim 2, Zhu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Zhu et al. further teaches the reducing gas (Para. [0036]) (i.e. adsorptive gas) may be carbon monoxide (Para. [0054]).
Regarding Claim 3, Zhu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Zhu et al. further teaches the catalyst is a platinum alloy composed of platinum and cobalt (Para. [0028-0029], [0090] and Table 2, Examples 2-1, 2-2) (i.e. wherein the platinum-alloy of the platinum-alloy catalyst has the general formula PtCo reading on the instant claim general formula as M is Co and x = 1).
Regarding Claim 4, Zhu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Zhu et al. does not explicitly teach the method of treating the platinum-alloy catalyst is a method of regeneration of a used platinum-alloy catalyst. However, a Zhu et al. teaches all of the positively recited method steps of the claimed invention and increases catalyst activity of the electrode (Para. [0047]), this method is capable of being applied as a method of regeneration of a platinum-alloy catalyst. In a claim drawn to a process of making, the intended use must result in a manipulative difference as compared to the prior art. In re Otto, 312 F.2d 937, 938, 136 USPQ 458, 459 (CCPA 1963).
Regarding Claim 7, Zhu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Zhu et al. teaches the electrode catalyst precursor (platinum-cobalt catalyst) is dispersed in electrolyte solution (Para. [0035]) which is an acidic solution (Para. [0032]) (i.e. exposing the catalyst to an acidic medium). Since the instant claim 7 is being interpreted as defining “the basic medium” without requiring the presence of “the basic medium”, the presence of the acidic medium meets the limitations of claim 7.
Regarding Claim 8, Zhu et al. teaches all of the elements of the current invention in claim 7 as explained above.
Zhu et al. teaches the electrode catalyst precursor (platinum-cobalt catalyst) is dispersed in electrolyte solution (Para. [0035]) which is an acidic solution (Para. [0032]) (i.e. exposing the catalyst to an acidic medium). Since the instant claim 8 is being interpreted as defining “the basic medium” without requiring the presence of “the basic medium”, the presence of the acidic medium meets the limitations of claim 8.
Regarding Claim 10, Zhu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Zhu et al. further teaches the electrode catalyst precursor (platinum-cobalt catalyst) is dispersed in electrolyte solution (Para. [0035]) (i.e. dispersing the catalyst) which is an acidic solution (Para. [0032]) (i.e. exposing the catalyst to an acidic medium) and the dispersion is subject to bubbling with a reducing gas (Para. [0036]) such as carbon monoxide (Para. [0054]) (i.e. and exposing the catalyst to an adsorptive gas of step B is performed by dispersing the catalyst in the acidic medium wherein bubbles of the adsorptive gas are present in the acidic medium).
Regarding Claim 11, Zhu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Zhu et al. further teaches after bubbling, the dispersion is subject to suction-filtration using a filter to produce a powdery fuel cell electrode catalyst (Para. [0083]) (i.e. separating the catalyst from the acidic medium).
Regarding Claim 13, Zhu et al. teaches all of the elements of the current invention in claim 11 as explained above.
Zhu et al. further teaches washing of the catalyst using pure water (Para. [0083]) (i.e. washing the catalyst with a solvent).
Regarding Claim 14, Zhu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Zhu et al. further teaches the exemplary methods are stirring with a stirrer and dispersing using a homogenizer (i.e. wherein step B is performed in a batch reactor) (Para. [0035]).
Regarding Claim 15, Zhu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Zhu et al. further teaches the exemplary methods are stirring with a stirrer and dispersing using a homogenizer (i.e. wherein step B is performed in a mechanically stirred reactor) (Para. [0035]).
Regarding Claim 23, Zhu et al. teaches a method for producing a fuel cell electrode catalyst (Para. [0012]) wherein the catalyst is a platinum alloy composed of platinum and cobalt (Para. [0028-0029], [0090]) (i.e. a method of treating a platinum-alloy catalyst which comprises platinum and at least one metal which is less noble than platinum, wherein the platinum-alloy catalyst does not contain palladium) wherein the electrode catalyst precursor (platinum-cobalt catalyst) is dispersed in electrolyte solution (Para. [0035]) which is an acidic solution (Para. [0032]) (i.e. exposing the catalyst to an acidic medium) and the dispersion is subject to bubbling with a reducing gas (Para. [0036]) such as carbon monoxide (Para. [0054]) (i.e. and at the same time, exposing the catalyst to an adsorptive gas, wherein during the step, the catalyst is not subject to an external electrical circuit or voltage, and wherein the adsorptive gas and the acidic medium are mixed such that bubbles of the adsorptive gas are formed in the acidic medium, and the bubbles do not include oxygen), wherein in the bubbling step, a bubbling with an oxidizing gas is performed first (Para. [0036]) and in the bubbling step a one time cycle which includes one time of bubbling with the oxidizing gas and one time of bubbling with the reducing gas (Para. [0058], [0059]) (i.e. wherein the catalyst is not exposed to an oxidizing or reducing gas in the acidic or basic medium after step B).
Regarding Claim 24, Zhu et al. teaches a method for producing a fuel cell electrode catalyst (Para. [0012]) wherein the catalyst is a platinum alloy composed of platinum and cobalt (Para. [0028-0029], [0090]) (i.e. a method of treating a platinum-alloy catalyst which comprises platinum and at least one metal which is less noble than platinum, wherein the platinum-alloy catalyst does not contain palladium) wherein the electrode catalyst precursor (platinum-cobalt catalyst) is dispersed in electrolyte solution (Para. [0035]) which is an acidic solution (Para. [0032]) (i.e. exposing the catalyst to an acidic medium) and the dispersion is subject to bubbling with a reducing gas (Para. [0036]) such as carbon monoxide (Para. [0054]) (i.e. and at the same time, exposing the catalyst to an adsorptive gas, wherein during the step, the catalyst is not subject to an external electrical circuit or voltage, and wherein the adsorptive gas is not H2). wherein in the bubbling step, a bubbling with an oxidizing gas is performed first (Para. [0036]) and in the bubbling step a one time cycle which includes one time of bubbling with the oxidizing gas and one time of bubbling with the reducing gas (Para. [0058], [0059]) (i.e. wherein the catalyst is not exposed to an oxidizing or reducing gas in the acidic or basic medium after step B).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 5-6 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (US 2016/0359172) in view of Jang et al. (US 2019/0341624), previously cited, as evidenced by GWU Table of Acids with Ka and pKa values, 2025, previously cited and referred to hereinafter as “GWU”.
Regarding Claim 5, Zhu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Zhu et al. further teaches the electrolyte solution (i.e. acidic medium) may be acidic (Para. [0032]).
Zhu et al. does not explicitly teach the acidic medium comprises an acid having a pKa value ranging from -1 to 10.
However, Jang et al. teaches a method of treating Pt-alloy catalyst with an acid solution such as acetic acid (Para. [0011]) (i.e. an acidic medium comprising an acid having a pKa value of 4.75 as evidenced by page 1 of GWU).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the acidic electrolyte solution of Zhu et al. to incorporate the teaching of acetic acid, as acetic acid provides a more eco-friendly process (Para. [0011]) and provides a catalyst having a high performance and high durability (Para. [0061]).
Regarding Claim 6, Zhu et al. as modified by Jang et al. teaches all of the elements of the current invention in claim 5 as explained above.
Zhu et al. further teaches the electrolyte solution (i.e. acidic medium) may be acidic (Para. [0032]).
Zhu et al. does not explicitly teach the acidic medium comprises an acid which is selected from the group consisting of carboxylic acids.
However, Jang et al. teaches a method of treating Pt-alloy catalyst with an acid solution such as acetic acid (Para. [0011]) (i.e. an acidic medium which comprises an acid which is selected from the group consisting of carboxylic acids).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the acidic electrolyte solution of Zhu et al. to incorporate the teaching of acetic acid, as acetic acid provides a more eco-friendly process (Para. [0011]) and provides a catalyst having a high performance and high durability (Para. [0061]).
Regarding Claim 22, Zhu et al. as modified by Jang et al. teaches all of the elements of the current invention in claim 6 as explained above.
Zhu et al. further teaches the electrolyte solution (i.e. acidic medium) may be acidic (Para. [0032]).
Zhu et al. does not explicitly teach the acidic medium comprises an acid which is selected from the group consisting of carboxylic acids wherein the carboxylic acid is selected from the group consisting of acetic acid, formic acid, propionic acid, butyric acid, valeric acid and capronic acid.
However, Jang et al. teaches a method of treating Pt-alloy catalyst with an acid solution such as acetic acid (Para. [0011]) (i.e. an acidic medium which comprises an acid which is acetic acid).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the acidic electrolyte solution of Zhu et al. to incorporate the teaching of acetic acid, as acetic acid provides a more eco-friendly process (Para. [0011]) and provides a catalyst having a high performance and high durability (Para. [0061]).
Claims 9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (US 2016/0359172).
Regarding Claim 9, Zhu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Zhu et al. further teaches the bubbling step is carried out at a temperature of 20 to 90 degrees Celsius (i.e. the step B is performed a temperature overlapping with the claimed range of more than 0 degrees Celsius to less than 75 degrees Celsius). 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).” See MPEP §2144.05(I).
Regarding Claim 12 Zhu et al. teaches all of the elements of the current invention in claim 1 as explained above.
Zhu et al. further teaches the bubbling may be repeating 1 to 50 times (i.e. step B is repeated at least once) (Para. [0059]) and does not explicitly teach repeating step C [separating the catalyst from the acidic or basic medium]). However, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have repeated step C at least once until the desired level of catalytic activity is achieved and/or to further enhance the activation level achieved by Zhu et al.
Response to Arguments
Applicant's arguments filed September 19, 2025 have been fully considered but they are not persuasive.
Applicant argues Zhu fails to teach wherein step B is performed in the absence of oxidizing or reducing gas which are different from the adsorptive gas as Zhu requires use of both an oxidizing gas and a reducing gas.
Examiner respectfully disagrees. Claim 1 recites “B)…exposing the catalyst to an adsorptive gas…wherein step B) is performed in the absence of oxidizing and reducing gases which are different from the adsorptive gas…”. As Zhu teaches the dispersion is subject to bubbling with a reducing gas (Para. [0036]) (i.e. the bubbling with a reducing gas reading on step B) such as carbon monoxide (Para. [0054]) (i.e. the adsorptive gas) wherein in the bubbling step, a bubbling with an oxidizing gas is performed first (Para. [0036]) and the bubbling step is a one time cycle which includes one time of bubbling with the oxidizing gas and one time of bubbling with the reducing gas (Para. [0058], [0059]) (i.e. wherein the bubbling with oxidizing gas and bubbling with reducing gas are two separate steps, and thus, Zhu teaches the step of bubbling with reducing (i.e. adsorptive) gas is performed in the absence of oxidizing and reducing gases which are different from the adsorptive gas. --Regarding Claim 23 and 24, these claims do not require the limitation “wherein step B) is performed in the absence of oxidizing or reducing gases which are different from the adsorptive gas.” In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., wherein step B) is performed in the absence of oxidizing or reducing gases which are different from the adsorptive gas) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant argues Zhu fails to teach the newly amended limitation “wherein the catalyst is not exposed to an oxidizing or reducing gas in the acidic or basic medium after step B).
Examiner respectfully disagrees. Examiner did not agree during the interview that the amendments would overcome as noted in the Examiner Interview Summary mailed August 18, 2025 stating that further consideration is required. Upon further consideration, Zhu teaches dispersion is subject to bubbling with a reducing gas (Para. [0036]) (i.e. step B) such as carbon monoxide (Para. [0054]) (i.e. exposing the catalyst to an adsorptive gas, wherein in the bubbling step, a bubbling with an oxidizing gas is performed first (Para. [0036]) and in the bubbling step a one time cycle which includes one time of bubbling with the oxidizing gas and one time of bubbling with the reducing gas (Para. [0058], [0059]) (i.e. wherein the catalyst is not exposed to an oxidizing or reducing gas in the acidic or basic medium after step B). Thus, the argument is not persuasive.
Applicant argues that the dependent claims are distinct from the prior art of record for the same reason as the independent claim.
Examiner respectfully disagrees. The rejection with respect to the independent claim has been maintained, and thus the rejections to the dependent claims are maintained as well.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARMINDO CARVALHO JR. whose telephone number is (571)272-5292. The examiner can normally be reached Monday-Thursday 7:30a.m.-5p.m..
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/ARMINDO CARVALHO JR./Primary Examiner, Art Unit 1729