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 .
Election/Restrictions
2. Applicant’s election without traverse of claims 17-20 in the reply filed on 8/20/05 is acknowledged.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “118” has been used to designate both the anode outlet and the anode in figure 1. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
It is noted that the anode 118 appears to be a typo and that instead anode 108 is meant to be referred to (see e.g. Specification at ¶27).
Specification
The disclosure is objected to because of the following informalities:
In the Specification at ¶27, both the “gas diffusion electrode 104” (see line 2) and the “cathode 104” (see one instance in both line 4 and line 5) are set forth, but it appears that “cathode 104” is a typographical error and should instead refer to “cathode 102” as set forth earlier (see e.g. line 2).
In the Specification at ¶27, “anode 110” is mentioned (see line 6); however, in other places in the paragraph “anode 108” is used and so it seems the reference to “anode 110” is a typographical error.
In the Specification ¶27, the “outlet” that carries “water and oxygen away from the anode 108” is referred to in the last two lines of the paragraph. However, while Fig. 1 shows 118 as the outlet, the Specification doesn’t appear to designate 118 as such anywhere. It would seem that the outlet referred to in the penultimate line of the paragraph mistakenly omitted the 118 designation.
In the Specification at ¶28, a “reference voltage 114” is set forth in the first line of the paragraph. However, this appears to also be a typographical error as 114 is used to set forth an outlet in paragraph 27. It would appear that this reference numeral is just mistakenly added and should be deleted.
In the Specification at ¶31, the “anode 110” is referenced; however, the 110 reference numeral was used to set forth the earlier iridium-oxide electrode (see ¶27) and the anode was designated by reference numeral 108 (see also ¶27). As such, it would appear that the paragraph mistakenly refers to the “anode 110” and should instead refer to either “anode 108” or the “iridium-oxide electrode 110” as earlier set forth.
In the Specification at ¶45, in the last sentence it states: “Example 1 below describes an example of the carbon supported surface functionalized silver nanoparticles 208 with dodecylamine.” However, this is not what Example 1 describes as the example describes the surface functionalization being performed by the addition of the mercaptosuccinic acid (see Example 1 at ¶46-¶47).
In the Specification at ¶48, it states that the “carbon supported surface functionalized silver nanoparticles were then used to impregnate microporous carbon structures”, but it is noted that after example 1 all that has been formed are the surface functionalized silver nanoparticles and that it isn’t until after the treatment in example 2 with the carbon material that the nanoparticles actually become “carbon supported” as stated. Consequently, it would seem the paragraph should be amended to refer to the “surface functionalized silver nanoparticles” and not the “carbon supported surface functionalized silver nanoparticles” in the paragraph.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
5. 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.
Claim 20 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.
Specifically, claim 20 recites the limitation "the carboxyl surface functionalized silver nanoparticles" in lines 1-2. However, there is insufficient antecedent basis for this limitation in the claim. It is noted that claim 19 previously sets forth “thiol and carboxyl surface functionalized silver nanoparticles” (see claim 19 at lines 3-4). As such, the reference in claim 20 to just “the carboxyl surface functionalized silver nanoparticles” in the first two lines of the claims makes it unclear whether a new group of silver nanoparticles is being referenced or if the same silver nanoparticles referred to in claim 19 are being referred to.
Please note, for purposes of claim interpretation the examiner will be treating the limitation as though it is referring to “the thiol and carboxyl surface functionalized silver nanoparticles” referred to in claim 19.
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) 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN114108026A to Feng et al., with reference to the attached machine translation (hereinafter referred to as “FENG”).
Regarding claim 17, FENG teaches an electrode (see generally FENG at Abstract and ¶20 on page 7), comprising:
an electrically conductive surface (see FENG at ¶29 teaching the loading of the catalyst onto carbon paper which has an electrically conductive surface as claimed); and
carbon supported thiol and carboxyl surface functionalized silver nanoparticles on the electrically conductive surface (see FENG at ¶60-¶63 teaching the formation of the working electrode; see also FENG at ¶15 and ¶19 teaching the use of anchoring agents having both a thiol and carboxyl functionalized silver nanoparticles; see also FENG at ¶9 and ¶13 teaching mercaptopropionic acid, cysteine, and glutamic acid each having carboxyl and thiol functional groups).
Regarding claim 18, FENG teaches the electrode further comprising a gas diffusion layer (see FENG at ¶29 teaching the use of carbon paper which is a gas permeable layer).
Regarding claim 19, FENG teaches the electrode wherein the carbon supported thiol and carboxyl surface functionalized silver nanoparticles comprise a microporous carbon structure impregnated with thiol and carboxyl surface functionalized silver nanoparticles (see FENG at ¶24 teaching carbon black as the carbon support; see also FENG at ¶9 and ¶13 teaching mercaptopropionic acid, cysteine, and glutamic acid each having carboxyl and thiol functional groups).
Regarding claim 20, FENG teaches the electrode wherein the thiol and carboxyl surface functionalized silver nanoparticles comprise silver nanoparticles that are functionalized with a carboxyl containing moiety and a thiol moiety (see FENG at ¶13 teaching mercaptopropionic acid, cysteine, and glutamic acid each having carboxyl and thiol functional groups or moieties as claimed).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Pub. No. 2017/0037522 to Kaczur et al., teaching a method and system for electrochemical production of formic acid from carbon dioxide
US Pub. No. 2016/0376152 to Toutonghi teaching a nano or macro material functionalization and self assembled construction mediated by tris(trimethylsilyl)silane
WO 2008017062 A1 to Parashar et al., teaches particles and inks and films using them
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/BRYAN D. RIPA/Primary Patent Examiner, Art Unit 1794