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
Applicant’s election is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 4, 7-10, 13, 14, and 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention or species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/17/2025.
Claim Rejections - 35 USC § 102
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, 2, 5, and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tatsumi (JP 2017024958).
Regarding claims 1, 2, 6, Tatsumi discloses a solid hydrogen generating material that includes 40-90 % (0044) of the hydrogen generating agent such as sodium borohydride (0042) with a resin (binder) at less than 40 % (0050). The material has a porosity from 0-80 % (0035 and 0079) with a specific example at 60 % (0079). The composition can include other catalyst (energizer) and filler (0061).
Regarding claim 5, the composition can be only the hydrogen generating material and binder and thus would not include any water generating additives.
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.
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Tatsumi (JP 2017024958) as applied above, and further in view of Ryu (20110020215).
Regarding claims 16 and 17, Ryu teaches a catalyst such as ammonium chloride for use with a hydrogen generating composition that includes sodium borohydride and a binder (0019).
It would have been obvious to one having ordinary skill in the art at the time the invention was made and/or filed to use the catalyst as taught by Ryu with the composition of Tatsumi since both compositions are used for hydrogen generating and include sodium borohydride and a binder. Further, Tatsumi discloses that the composition can include catalyst so one of skill would have a reasonable expectation of success in using a different catalyst that is taught for the same type of composition with the same ingredients.
Claims 3, 12, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Tatsumi (JP 2017024958) as applied above, and further in view of Boucher (WO 2007098271) and Miller (20090199937).
Regarding claims 3, 12, and 15, Boucher teaches that it is known to use energetic binders in a hydrogen generating composition with borohydrides (0004). Boucher further suggests that known binders that are used with energetic materials can be used.
Miller teaches the use of polyvinyl tetrazole as a known fuel/binder for energetic materials (0047). The identification of the polyvinyl tetrazole as a fuel and a binder indicates that it is an energetic compound.
It would have been obvious to one having ordinary skill in the art at the time the invention was made and/or filed to use the energetic binder particular the energetic fuel/binder as taught by both Boucher and Miller since Boucher indicates that it is known to use energetic binders in a hydrogen generating composition with borohydrides and that known binders that are used with energetic materials can be used. One of skill in the art would have a reasonable expectation of success since Miller identifies the polyvinyl tetrazole as a fuel and a binder thus indicating that it is energetic and since Boucher teaches that it is known to include energetic binders in hydrogen generating compositions.
Conclusion
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/AILEEN B FELTON/Primary Examiner, Art Unit 1734