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 .
This is in response to the Amendment dated June 12, 2026. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office Action.
Response to Arguments
Claim Objections
Claims 1, 9, 19-22 and 25-26 have been objected to because of minor informalities.
The objection of claims 1, 9, 19-22 and 25-26 has been withdrawn in view of Applicant’s amendment.
Claim Rejections - 35 USC § 112
Claim 24 has been 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.
The rejection of claim 24 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, has been withdrawn in view of Applicant’s amendment.
Response to Amendment
Claim Objections
Claims 1, 9 and 19 are objected to because of the following informalities:
Claim 1
line 15, please insert the word -- and -- after “H2;”.
Claim 9
line 2, please amend “Ni-NixCu1-xNb1.33(Ti0.8Mn0.2)0.67O4-δ” to -- NixCu1-x-doped Nb1.33(Ti0.8Mn0.2)0.67O4-δ --.
This is an instance where the article should be changed to be consistent with the specification terminology.
Claim 19
line 19, please insert the word -- and -- after the word “selectivity;”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
I. Claims 19-22 and 24-26 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to
reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was
filed, had possession of the claimed invention.
Claim 19
lines 20-22, “Ni-NixCu1-x-doped Ni-NixCu1-x-Nb1.33(Ti0.8Mn0.2)0.67O4-δ (NTMO)” is new matter.
Applicant’s specification discloses NixCu1-x-doped Nb1.33(Ti0.8Mn0.2)0.67O4-δ (NTMO) [page
17, [0064]].
II. Claim 24 is 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 24
lines 1-2, recite “wherein a redox-reversible ceramic electrode comprises NbTiO”.
Claim 19, line 5, recites “at least one anode”.
Claim 19, line 8, recites “at least one cathode”.
It is unclear from the claim language how the claim limitation of claim 24 further limits
the method recited in claim 19. Does the fuel cell further comprise a redox-reversible ceramic electrode?
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Claims 1-4 and 8-9 define over the prior art of record because the prior art does not contain any language that teaches or suggests a method for forming an improved fuel cell comprising the steps of configuring, converting, electrochemical pumping and feeding as presently claimed, esp., at least one anode comprising at least one alloy nanoparticle exsolved
onto at least one backbone to grow an embedded metal-oxide interface structure, wherein the
embedded metal-oxide interface structure facilitates dehydrogenation of ethane to ethylene wherein the said at least one anode further comprises NbTiO.
Therefore, a person skilled in the art would not have been motivated to adopt the above
conditions, and a prima facie case of obviousness cannot be established.
Claims 1-4 and 8-9 would be allowable if rewritten or amended to overcome the claim objection(s) set forth in this Office action.
Citations
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2014/046794 is cited to teach that in a specific embodiment, the anolyte feed 102 may include ethane which may be oxidized to an oxidation product 110 including ethanol. On the cathode 109 side, CO2 115 may be reacted on a high surface area cathode 109 to produce, for example, sodium acetate and byproduct hydrogen (ρ [0019]).
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 EDNA WONG whose telephone number is (571) 272-1349. The examiner can normally be reached Monday-Friday, 7:00 AM- 3:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luan Van can be reached at (571) 272-8521. The fax phone number for the
organization where this application or proceeding is assigned is 571-273-8300.
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/EDNA WONG/Primary Examiner, Art Unit 1795
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