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
Claims 1-3, 5-6, 11-13, 15-18 and 20 have been amended, claims 21-35 remain withdrawn. Thus, claims 1-35 are pending, with claims 1-20 being considered in the present Office action.
The 112, 102 and 103 rejections of the claims are withdrawn in view of the amendments. However, upon further consideration a new ground of rejection is necessitated by amendment. The claims are still rejected over Cui and Lee because applicant’s arguments with respect to Lee are unpersuasive.
Response to Arguments
Applicant argues Lee fails to suggest surface features that provide for hydrogen transport channels and “there is no way for a wire mesh to form transport channels because each pathway is blocked by the mesh itself”. Applicant’s arguments with respect to Lee are not persuasive.
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). In response to applicant's argument that Lee doesn’t suggest surface features or hydrogen transport channels, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In this case, the claimed catalyst covered porous layer provided with the surface features is suggested by Cui; the porosity of the layer, including the surface features, provides gas transport channels. The fact that the gas is hydrogen is based on Cui disclosure that the catalyst (e.g., NiMoCo) catalyzes the hydrogen evolution reaction (HER) and the hydrogen oxidation reaction (HOR), hence hydrogen gas transport is expected about the surface features of the porous layers of Cui.
Further, Lee suggests a porous Ni foam impregnated or coated with zinc catalyst; when zinc is impregnated into Ni foam the pores of the foam are NOT blocked, or when zinc is coated on Ni mesh the mesh is NOT closed, thereby securing a path for gas through the open scale, see e.g., page 5/23. More relevant to the rejection, Lee suggests stacking the catalyst coated porous layers of Cui from the standpoint increasing the reaction area, thereby maximizing discharge capacity, provided the number of stacks is related to the desired capacity (page 5-6/23). It would be obvious to one having ordinary skill in the art to stack the catalyst coated porous layers of Cui to increase the reaction area of the active material (catalyst) with the expectation of maximizing discharge capacity. Provided the catalyst coated porous layer of Cui are porous and include the surface features (by way of porosity at the surface), and the catalyst (NiMoCo) catalyzes the HER and the HOR, there is an expectation of hydrogen gas transport and hydrogen gas transport channels between stacked catalyst coated porous layers of Cui.
Claim Objections
Claims 2, and 15-19 is objected to because of the following informalities:
Claim 2 makes reference to “with surface features”; however, “the surface features” have already been recited in the preceding claim; examiner assumes the surface features in claim 2 proceed from claim 1, i.e., “with the surface features”.
Claim 15, “fist” needs correction. Claims 16-19 depend therefrom thus also objected to.
Appropriate correction is required.
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.
Claim(s) 1-12, and 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cui et al. (US 2019/0051907), and Lee et al. (KR 2012/0070729), hereinafter Cui and Lee, both of record
Regarding Claims 1, 3-10, and 20, Cui suggests a battery (title), comprising: a pressure vessel (i.e., steel can, Figs. 1, 14, 22, [0060]); and an electrode stack positioned in the pressure vessel (see Fig. 24), the electrode stack holding electrolyte (i.e., 108), wherein the electrode stack includes alternately stacked cathode electrodes and anode electrodes separated by a separators ([0050]); an electrode (i.e., anode, second electrode 104, [0031-0032]) for a metal-hydrogen battery (see e.g., title, abstract), comprising a porous layer (see Fig. 1b), the porous layer including a porous substrate (i.e., 110, e.g., metal (e.g., Ni, Cu, Al, etc.) foam, metal alloy (e.g., Ni-Mo, Ni-Cu, Ni-Co etc.,) foam, metal mesh, carbon fiber paper, carbon cloth/felt/mat, graphite foam, etc., [0032]) and a catalyst layer (i.e., 112, e.g., bi-functional catalyst that contributes to the HER and HOR, [0011, 0032]) covering the porous substrate, the catalyst layer including a transition metal (e.g., e.g., Ni, Ni-Mo, NiMoCo, Ni-W, Ni-W-Co, Ni-C, Pt, Pd, Au, Ag, Rh, etc., [0032, 0042]). Cui shows the porous layer includes opposing surfaces (i.e., one surface facing the separator and another surface facing away from the separator), and surface features on one of the opposing surfaces (i.e., 3D surface, see Fig. 1).
Cui does not suggest the porous layer includes a plurality of porous layers. However, Lee suggests laminating a plurality of porous anode layers, each comprising a substrate and active material; the lamination of the porous anode layers increases the reaction area of the active material, thereby maximizing the discharge capacity, since the number of layers is selected for the desired discharge capacity, see e.g., pages 4-6. It would be obvious to one having ordinary skill in the art the anode of Cui includes a plurality of porous layers in order to increase the reaction area of the active material, with the expectation of maximizing discharge capacity as the number of layers increases, as suggested by Lee.
The modification of Cui with Lee suggests the porous layer of Cui includes a plurality of porous layers, i.e., porous layers of Cui are stacked in a plurality. Cui suggests each porous layer includes a catalyst (NiMoCo) layer, which catalyzes the HER and the HOR, on a surface of the porous substrate, and each porous layer including opposing surfaces (i.e., one surface facing the separator and another surface facing away from the separator) and surface features (by way of porosity at each surface of the opposing surfaces) on at least one of the opposing surfaces. Provided the catalyst coated porous layers of Cui are porous and include the surface features (by way of porosity at the surface), and the catalyst (NiMoCo) catalyzes the HER and the HOR, there is an expectation of hydrogen gas transport between adjacent catalyst coated porous layers.
Regarding Claim 2, the modification of Cui and with Lee suggests the porous layer of Cui includes a plurality of stack porous layers (see e.g., rejection of claim 1). Thus, the modification of Cui with Lee suggests a first surface (e.g., surface facing away from the separator) of the opposing surfaces of a first porous layer (e.g., porous layer immediately adjacent the separator) of the plurality of porous layers and a second surface (e.g., surface facing the separator) of the opposing surfaces of a second porous layer (e.g., porous layer stacked on the first porous layer further away from the separator) of the plurality of porous layers with the surface features placed adjacent to the first surface of the first porous layer have contours (see e.g., Fig. 1b of Cui and discussion at [0032]). Provided the catalyst coated porous layers of Cui are porous and include the surface features/contours (by way of porosity at the surface), and the catalyst (NiMoCo) catalyzes the HER and the HOR, there is an expectation of hydrogen gas transport channels between adjacent catalyst coated porous layers.
Regarding Claim 11, Cui does not suggest more than one porous layer. However, as detailed under the rejection of claim 1, Lee suggests a plurality of porous anode layers (i.e., three shown in Fig. 7) in order to increase the reaction area of the active material, with the expectation of maximizing discharge capacity. Thus, the modification of Cui with Lee suggests the porous layer includes a first porous layer, a second porous layer, and a third porous layer disposed between the first porous layer and the second layer. Regarding the layers having different contours, Cui suggests the conductive substrate of the porous layer may be foam, mesh, film, paper, etc., [0032]; substituting the mesh for foam, or film for foam, would be obvious because they are useful for the same purpose (conductive substrate) in the battery art, see MPEP 2144.06. Using mesh for the third porous layer and foam for the first and second porous layers would be obvious with the expectation the substrate offers conductivity to the active layer; similarly, using foam for the third porous layer and film for the first and second porous layers would be obvious with the expectation the substrate offers conductivity to the active layer. The use of a mesh for the third porous layer and foam for the first and second porous layers (or alternatively, using foam for the third porous layer and film for the first and second porous layers) suggests the third porous layer has a first surface contour different from a second surface contour of the first porous layer or the second porous layer.
Regarding Claim 12, Cui suggests the surface features (formed by way of foam, mesh, paper, etc., see [0032]) include one or more of corrugation, notches, rounded valleys, and grooves (see Fig. 1).
Regarding Claim 15, Cui suggests an anode electrode comprising a porous layer (see rejection of claim 1); as set forth under the rejection of claim 1, it would be obvious to one having ordinary skill in the art the anode of Cui includes a plurality of porous layers in order to increase the reaction area of the active material, with the expectation of maximizing discharge capacity, as suggested by Lee. The modification of Cui and with Lee suggests stacking a plurality of porous layers, thereby suggesting a first porous layer (e.g., porous layer immediately adjacent the separator) having a first surface (e.g., surface facing away from the separator) of the opposing surfaces of the first porous layer and a second porous layer adjacent the first porous layer (e.g., porous layer on the first porous layer further away from the separator) having a second surface (surface facing the separator) on the second porous layer. Further, Cui suggests each porous layer includes surface features on the opposing surfaces of each porous layer (i.e., surface features on the first surface and surface features on the second surface, see e.g., Fig. 1b of Cui and discussion at [0032]). Provided the catalyst coated porous layers of Cui are porous and include the surface features (by way of porosity at the surface), and the catalyst (NiMoCo) catalyzes the HER and the HOR, there is an expectation of hydrogen gas transport channels between the first porous layer and the second porous layer.
Regarding Claim 16, Cui does not suggest the first surface is flat or smooth and the second surface includes uneven features. However, as set forth under the rejection of claim 15, Cui as modified by Lee suggests a plurality of porous layers each having a surface. Further, Cui suggests surfaces of the porous layers are in the form of a film, mesh, foam, etc., [0032], thereby suggesting the surface may be flat or smooth (e.g., film) or have uneven features (e.g., foam, mesh, etc.). The use of any of these structures is obvious from the standpoint of providing conductivity to the active material thereon (see rejection of claim 11 and [2144.06]). In view of the foregoing, Cui as modified by Lee suggests the first surface is flat or smooth (i.e., film) and the second surface includes uneven features (i.e., foam, mesh, etc.).
Regarding Claims 17-18, Cui suggests one or both of the first surface and the second surface includes surface features (e.g., foam), wherein the surface features of the first surface or the second surface include one or more of corrugation, notches, rounded hills, rounded valleys, and grooves (see e.g., Fig. 1b).
Regarding Claim 19, the obviousness of a third porous layer was detailed under the rejection of claim 11. That is, Cui does not suggest more than one porous layer. However, as detailed under the rejection of claim 2 Lee suggests a plurality of porous anode layers (i.e., three shown in Fig. 7) in order to increase the reaction area of the active material, with the expectation of maximizing discharge capacity (page 4). Thus, the modification of Cui with Lee suggests the at least one porous layer includes a first porous layer, a second porous layer, and a third porous layer (in that order (note the order of layers differs in claim 19 compared to that detailed in the rejection of claim 11)). In view of the foregoing, the modification of Cui with Lee suggests the first porous layer and the second porous layer each include surfaces (1st and 2nd, respectively) that face each other (the contours thereof were detailed in the rejection of claims 16-18, e.g., film, mesh, foam, etc.); further, the second porous layer has a third surface opposite the second surface that faces a fourth surface of the third porous layer. Provided Cui suggests each of the porous layers includes a surface with features (e.g., by way of film, mesh, foam, etc., see [0032]), the modification suggests the fourth surface of the third porous layer and the third surface of the second porous layer form second transport channels.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cui and Lee (see rejection of claim 1) in view of Ikoma (US 4994334), hereinafter Ikoma.
Regarding Claims 13-14, Cui does not suggest at least one of the catalyst layers of the first porous layer, the second porous layer, and the third porous layer is at least partially coated with a wet-proofing material. However, Ikoma suggests a porous anode in which the catalyst layer is coated with a wet proofing material comprising PTFE; sufficient hydrophobic property is given to the surface of the active material particles of the anode such that the active material is not in contact with the electrolyte, thereby suppressing an increase in battery internal gas pressure, resulting in excellent battery characteristics (see e.g., col. 4 lines 29-43, Example 1 negative electrodes A and B, compared to C in col. 5-6). It would be obvious to one having ordinary skill in the art at least one of the catalyst layers of the first porous layer, the second porous layer, or the third porous layer is at least partially coated with wet proofing material comprising PTFE, as suggested by Ikoma, to protect the active material from that electrolyte with the expectation of suppressing an increase in battery internal gas pressure such that excellent battery characteristics are obtained.
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 ANNA KOROVINA whose telephone number is (571)272-9835. The examiner can normally be reached M-Th 7am - 6 pm.
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/ANNA KOROVINA/Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729