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 without traverse of claims 1-2, 4-5, 7, 9-10, 12-20, and 22 in the reply filed on 1/27/2026 is acknowledged.
Claim Rejections - 35 USC § 112
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.
Claims 7 and 17 are 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.
In claim 7, the phrase “optionally wherein the oxidising agent is water” is indefinite because it is unclear how this phrase changes the scope of the claim because water is already listed in the claim as one of the possible oxidising agents.
In claim 17, the phrase “between 1:70 and 21” is indefinite because it is unclear the range of ratios that are covered by this range because the value “21” does not appear to be a ratio.
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.
Claim(s) 1-2, 4-5, 7, 9-10, 12-20, and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by RU 2592892.
Regarding claim 1, RU ‘892 teaches a process of making a nickel oxide product by reacting a nickel metal with an ionic liquid and an oxidizing agent (claims 1-3).
Regarding claim 2, the metal source may be a nickel foil (claim 1).
Regarding claim 4, the metal may be nickel (claim 1).
Regarding claim 5, the metal compound produced by the process may be nickel oxide (claim 1).
Regarding claim 7, the oxidizing agent may include water (claim 3).
Regarding claim 9, RU ‘892 does not expressly state that hydrogen gas is produced and stored. However, the process includes nickel oxide formation by electrochemical oxidation, which includes hydrolysis of water (Objective of invention). The hydrolysis would inherently produce hydrogen and since the process is performed under controlled conditions the hydrogen would be stored according the broadest reasonable interpretation of the claims.
Regarding claim 10, the ionic liquid is a liquid at 20 deg. C in the process (claim 1). Thus, the melting point would be less than 350 deg. C.
Regarding claims 12-15, RU ‘892 teaches that the ionic fluid may be 1-butyl-3-methylimidazolium chloride (Example 1), which is specifically listed in instant claim 15 and falls within the scope of the cations recited in instant claims 12-13. And the anion is chloride, which is recited in instant claim 14.
Regarding claims 16-17, the volume ratio of ionic liquid to water may be 10:1 (claim 3), which falls within the ratios recited in instant claims 16 and 17.
Regarding claim 18, the reaction may occur at 2 to 20 deg. C (claim 1).
Regarding claim 19, the reactions time may be 2 to 20 minutes (claim 1).
Regarding claim 20, the nickel oxide product is separated from the ionic fluid after the reaction (Fig. 2). In Fig. 2 it shows the isolated product.
Regarding claim 22, the product is heated at a temperature of 2 to 20 deg. C (claim 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A FIORITO whose telephone number is (571)272-9921. The examiner can normally be reached Monday-Friday 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Orlando can be reached at (571) 270-3149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES A FIORITO/Primary Examiner, Art Unit 1731
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