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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 20 February 2026 has been entered.
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, 4, 6, 7, 9, 11-13, 15, 16, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jiao CN 111390173, as evidenced by Jiaqiang Li, “Electrochemical behavior of additive manufactured TC4 alloy in different concentrated NaCl solutions,” in J. Applied Electrochemistry (May, 2022) 52: 1419-1431. Regarding Claims 1 and 11, Jiao teaches a porous assembly and method for fabricating a porous assembly, the method comprising: (a) providing the porous monolith substrate fabricated at least in part by additive manufacturing, that extends from a first end to a second end (Exs. 1-11), wherein the ends can be top and bottom or one side and the other side; and positioning the sensitive or active layer on the porous monolith substrate (Exs. 1-11), wherein the outermost porous layer of the titanium monolith is identified with the claimed sensitive layer. Li demonstrates that this alloy is electrochemically active (Abstract; Section 3). Thus, the porous assembly can be used as an electrolyzer or battery. Regarding Claims 3, 12, 13, and 15, Jiao discloses a porous monolith substrate being a 3D printed lattice substrate obtained by laser additive manufacturing process (Fig. 1A-1C for the lattice structure and Ex. 1. Regarding Claims 4 and 16, Jiao’s monolith has graded porosity (Figure 2). Regarding Claim 6, Jia teaches thickness of 1 mm (paragraph 57) (0.04 inches). This amount abuts the claimed thickness of 0.045 inches, rendering it obvious since properties would be expected to be the same. See MPEP 2144.05. Moreover, it would have been obvious to one of ordinary skill in the art before the time of filing to prepare thicknesses slightly higher since 1 mm would be expected to encompass 1.1 or 1.2 mm due to rounding considerations, which would also abut the claimed range or be encompassed by the claimed range. Regarding Claims 7 and 18, in Ex. 1, Jiao refers to TC4 titanium which is claimed “titanium 6-4”. Regarding Claims 9 and 20, Jiao demonstrates polygonal structures (Figs. 1A-1C).
Claim(s) 1, 3-5, 7-13, and 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peter Heinl, et al., "Cellular Ti-6Al-4V structures with interconnected macro porosity for bone implants fabricated by selective electron beam melting," in ActaBiomaterialia 4 (2008) 1536-1544, available 10 April 2008 (hereinafter Heinl), as evidenced by Mukesh Tak, “Electrochemical Dissolution Characteristics and Electrochemical Micromachining of Ti6Al4V Alloy Fabricated by Direct Metal Laser Sintering Method,” in Electrocatalysis (August, 2022) 13:853-872, including pages 861-870. Regarding claims 1, 11, and 13, Heinl teaches a porous assembly comprising: a porous monolith substrate that extends from a first end to a second end (Figure 3; and Abstract, “Selective electron beam melting... SEBM... was successfully used to fabricate novel cellular Ti-6Al-4V structures for orthopaedic applications”; and pg. 1537, col. 1, para. 2, “Selective electron beam melting... SEBM... is a new additive manufacturing technique with high capability for the fabrication of porous metals with well-defined cellular structures”; and pg. 1539, col. 1, para. 6 – col. 2, para. 1, Fig. 3 shows reconstructed 3D Images from uCT measurements and micrographs from SEM examination of the investigated structures in the untreated state after fabrication... Both structures exhibit an interconnected porosity; As seen in Figure 3, the structure formed may be interpreted as a porous monolith substrate, because a monolith may be broadly interpreted as any rectangular or cubic shaped object. The structure extends from a bottom first end to a topmost second end). The electrochemically active layer is interpreted to be the uppermost layer of the AM Ti-6A-4V porous monolith substrate. Mak demonstrates that this alloy is electrochemically active (pages 861-870). Thus, the porous assembly can be used as an electrolyzer or battery. The porous monolith substrate is fabricated at least in part by additive manufacturing (Figure 3; and Abstract, Selective electron beam melting... SEBM... was successfully used to fabricate novel cellular Ti-6Al- 4V structures for orthopaedic applications; and pg. 1537, col. 1, para. 2, Selective electron beam melting... SEBM... is a new additive manufacturing technique with high capability for the fabrication of porous metals with well-defined cellular structures).
Regarding claims 1, 3, 11, 12, and 15, Heinl teaches the assembly of claim 1, Heinl further teaches wherein the porous monolith substrate takes the form of a screen or 3D printed lattice substrate (Figure 3). Either structure of Figure 3 may also be broadly interpreted as a screen, wherein a screen is any object comprising a plurality of apertures extending therethrough).
Regarding Claims 4 and 16, the assembly contains porosity which is either homogeneous or not. If not, it must be graded in some manner.
Regarding Claims 5 and 17, Heinl teaches monoliths having porosity of 80.5% with pores size of 1230 microns and porosity of 61.3% and 450 microns (page 1539, right side, top).
Regarding claims 7 and 18, Heinl teaches the assembly of claim 1, Heinl further teaches wherein the porous monolith substrate is fabricated from titanium 6-4 (Grade 5) or CP Titanium (Grade 1) (Abstract, Selective electron beam melting... was successfully used to fabricate novel cellular Ti-6Al-4V structures; and Figure 3, 3D image from uCT measurement of Ti-6Al-4V diamond and hatched structure with the corresponding SEM micrographs in top and lateral view). Grade 5 titanium and “titanium 6-4” are understood to be Ti-6Al-4V titanium of Heinl.
Regarding claims 8-10, 19, and 20, Heinl teaches the assembly of claim 1, Heinl further teaches wherein the porous monolith substrate comprises a plurality of rings (Figure 3). Heinl demonstrates two structures with respect to manufacturing method, porosity and cell structure. The first structure, named the diamond structure, is based on the CAD model of diamond lattice, where each atom is surrounded tetrahedrally by four other atoms. The second structure, named the hatched structure, was generated by scanning the powder layers with the electron beam in parallel lines with constant spacing... here 1.0 mm. With reference to Figure 3, note that both structures form a lattice comprising a plurality of apertures. The material surrounding these apertures may all be broadly interpreted as rings. Specifically, the top view and lateral view of the hatched structure shows a grid of square shaped rings. Regarding claims 9 and 20, with reference to Figure 3, note that both structures form a lattice comprising a plurality of polygonal structures. A diamond lattice in particular is reasonably understood to define cubic, square, and triangular shapes. Regarding Claim 10, with reference to Figure 3, especially the hatched structure, one can see that the lattice comprise a plurality of layers stacked on top of each other. The top right panel of Figure 3 shows at least six layers, each of which comprises a plurality of apertures/pores/holes therethrough, as best seen in the top view Figure in the center right.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 4, 6, 7, 9-13, 15, 16, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiao CN 111390173 in view of Sekhar USPN 5,655,212 in view of Applicant’s Admissions. Regarding Claims 1 and 11, Jiao teaches a porous assembly and method for fabricating a porous assembly, the method comprising: (a) providing the porous monolith substrate fabricated at least in part by additive manufacturing, that extends from a first end to a second end (Exs. 1-11), wherein the ends can be top and bottom or one side and the other side. Jiao teaches these porous parts are suitable for filters and biomedical applications (paragraph 4). Sekhar teaches that porous membranes are useful as filters and in electrochemical applications (col. 1, lines 20-25). It would have been obvious to one of ordinary skill in the art before the time of filing to use the porous part of Jiao as filter or in electrochemical application since Sekhar teaches that they are useful in this regard. Applicant’s Admissions teaches that porous parts when used in electrochemical applications have sensitive layer applied thereto. See Specification (paragraph 2). It would have been obvious to one of ordinary skill in the art before the time of filing to use the porous part of Jiao as filter or in electrochemical application and to apply sensitive layer thereto in order to have it operable in electrochemical applications, as taught by Applicant’s Admissions. This would lead to discrete layers of a porous layer and a sensitive layer. Regarding Claims 3, 12, 13, and 15, Jiao discloses a porous monolith substrate being a 3D printed lattice substrate obtained by laser additive manufacturing process (Fig. 1A-1C for the lattice structure and Ex. 1. Regarding Claims 4 and 16, Jiao’s monolith has graded porosity (Figure 2). Regarding Claim 6, Jia teaches thickness of 1 mm (paragraph 57) (0.04 inches). This amount abuts the claimed thickness of 0.045 inches, rendering it obvious since properties would be expected to be the same. See MPEP 2144.05. Moreover, it would have been obvious to one of ordinary skill in the art before the time of filing to prepare thicknesses slightly higher since 1 mm would be expected to encompass 1.1 or 1.2 mm due to rounding considerations, which would also abut the claimed range or be encompassed by the claimed range. Regarding Claims 7 and 18, in Ex. 1, Jiao refers to TC4 titanium which is claimed “titanium 6-4”. Regarding Claims 9 and 20, Jiao demonstrates polygonal structures (Figs. 1A-1C). Regarding Claim 10, while Jiao may exemplify four levels having pores (claimed “holes”) (A-D), Jiao may not teach five levels. However, Jiao teaches that levels achieve gradual change from outside to inside (Abstract; Claim 1). It would have been obvious to one of ordinary skill in the art before the time of filing to further subdivide the structure into additional levels in order to further render the gradient gradual as characterized as beneficial by Jiao.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiao CN 111390173, as evidenced by Jiaqiang Li, “Electrochemical behavior of additive manufactured TC4 alloy in different concentrated NaCl solutions,” in J. Applied Electrochemistry (May, 2022) 52: 1419-1431. Jiao is relied upon as set forth above in the section 102 rejection over Jiao. While Jiao may exemplify four levels having pores (claimed “holes”) (A-D), Jiao may not teach five levels. However, Jiao teaches that levels achieve gradual change from outside to inside (Abstract; Claim 1). It would have been obvious to one of ordinary skill in the art before the time of filing to further subdivide the structure into additional levels in order to further render the gradient gradual as characterized as beneficial by Jiao.
Claim(s) 5 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiao CN 111390173, as evidenced by Jiaqiang Li, “Electrochemical behavior of additive manufactured TC4 alloy in different concentrated NaCl solutions,” in J. Applied Electrochemistry (May, 2022) 52: 1419-1431, in view of Peter Heinl, et al., "Cellular Ti-6Al-4V structures with interconnected macro porosity for bone implants fabricated by selective electron beam melting," in ActaBiomaterialia 4 (2008) 1536-1544, available 10 April 2008. Jiao is relied upon as set forth above in the section 102 rejection over Jiao. While Jiao teaches using monolith for biomedical applications (paragraph 4), teaches pore size of ca. 604 microns (paragraph 59), and teaches varying porosity as needed (paragraph 24), Jiao does not teach claimed porosity. Heinl teaches titanium monolith as bone implant needs porosity from 55 to 70 % and pore diameter greater than 100 microns (Section 1). Heinl exemplifies monoliths meeting requirement (right side, top, page 1539). It would have been obvious to one of ordinary skill in the art before the time of filing to establish porosity in range identified by Heinl as effective when using monolith of Jiao for biomedical applications such as bone implant substrate.
Claim(s) 1, 3-5, 7-13, and 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peter Heinl, et al., "Cellular Ti-6Al-4V structures with interconnected macro porosity for bone implants fabricated by selective electron beam melting," in ActaBiomaterialia 4 (2008) 1536-1544, available 10 April 2008 (hereinafter Heinl) in view of Jiao CN 111390173 in view of Sekhar USPN 5,655,212 in view of Applicant’s Admissions. Regarding claims 1, 11, and 13, Heinl teaches a porous assembly comprising: a porous monolith substrate that extends from a first end to a second end (Figure 3; and Abstract, “Selective electron beam melting... SEBM... was successfully used to fabricate novel cellular Ti-6Al-4V structures for orthopaedic applications”; and pg. 1537, col. 1, para. 2, “Selective electron beam melting... SEBM... is a new additive manufacturing technique with high capability for the fabrication of porous metals with well-defined cellular structures”; and pg. 1539, col. 1, para. 6 – col. 2, para. 1, Fig. 3 shows reconstructed 3D Images from uCT measurements and micrographs from SEM examination of the investigated structures in the untreated state after fabrication... Both structures exhibit an interconnected porosity; As seen in Figure 3, the structure formed may be interpreted as a porous monolith substrate, because a monolith may be broadly interpreted as any rectangular or cubic shaped object. The structure extends from a bottom first end to a topmost second end). The porous monolith substrate is fabricated at least in part by additive manufacturing (Figure 3; and Abstract, Selective electron beam melting... SEBM... was successfully used to fabricate novel cellular Ti-6Al- 4V structures for orthopaedic applications; and pg. 1537, col. 1, para. 2, Selective electron beam melting... SEBM... is a new additive manufacturing technique with high capability for the fabrication of porous metals with well-defined cellular structures). Jiao teaches these porous parts are suitable for filters and biomedical applications (paragraph 4). Sekhar teaches that porous membranes are useful as filters and in electrochemical applications (col. 1, lines 20-25). It would have been obvious to one of ordinary skill in the art before the time of filing to use the porous part of Heinl as filter or in electrochemical application since Jiao teaches porous biomedical support can also be alternatively be used as filter and since Sekhar teaches porous support that is filter can also be used in electrochemical applications. Applicant’s Admissions teaches that porous parts when used in electrochemical applications have sensitive layer applied thereto. See Specification (paragraph 2). It would have been obvious to one of ordinary skill in the art before the time of filing to use the porous part of Heinl as filter or in electrochemical application and to apply sensitive layer thereto in order to have it operable in electrochemical applications, as taught by Applicant’s Admissions. This would lead to discrete layer of a porous layer and a sensitive layer.
Regarding claims 1, 3, 11, 12, and 15, Heinl teaches the assembly of claim 1, Heinl further teaches wherein the porous monolith substrate takes the form of a screen or 3D printed lattice substrate (Figure 3). Either structure of Figure 3 may also be broadly interpreted as a screen, wherein a screen is any object comprising a plurality of apertures extending therethrough).
Regarding Claims 4 and 16, the assembly contains porosity which is either homogeneous or not. If not, it must be graded in some manner.
Regarding Claims 5 and 17, Heinl teaches monoliths having porosity of 80.5% with pores size of 1230 microns and porosity of 61.3% and 450 microns (page 1539, right side, top).
Regarding claims 7 and 18, Heinl teaches the assembly of claim 1, Heinl further teaches wherein the porous monolith substrate is fabricated from titanium 6-4 (Grade 5) or CP Titanium (Grade 1) (Abstract, Selective electron beam melting... was successfully used to fabricate novel cellular Ti-6Al-4V structures; and Figure 3, 3D image from uCT measurement of Ti-6Al-4V diamond and hatched structure with the corresponding SEM micrographs in top and lateral view). Grade 5 titanium and “titanium 6-4” are understood to be Ti-6Al-4V titanium of Heinl.
Regarding claims 8-10, 19, and 20, Heinl teaches the assembly of claim 1, Heinl further teaches wherein the porous monolith substrate comprises a plurality of rings (Figure 3). Heinl demonstrates two structures with respect to manufacturing method, porosity and cell structure. The first structure, named the diamond structure, is based on the CAD model of diamond lattice, where each atom is surrounded tetrahedrally by four other atoms. The second structure, named the hatched structure, was generated by scanning the powder layers with the electron beam in parallel lines with constant spacing... here 1.0 mm. With reference to Figure 3, note that both structures form a lattice comprising a plurality of apertures. The material surrounding these apertures may all be broadly interpreted as rings. Specifically, the top view and lateral view of the hatched structure shows a grid of square shaped rings. Regarding claims 9 and 20, with reference to Figure 3, note that both structures form a lattice comprising a plurality of polygonal structures. A diamond lattice in particular is reasonably understood to define cubic, square, and triangular shapes. Regarding Claim 10, with reference to Figure 3, especially the hatched structure, one can see that the lattice comprise a plurality of layers stacked on top of each other. The top right panel of Figure 3 shows at least six layers, each of which comprises a plurality of apertures/pores/holes therethrough, as best seen in the top view Figure in the center right.
Response to Amendment
In view of applicant’s amendments and arguments, applicant traverses the section 112, paragraph (b) rejection of the Office Action mailed on 26 November 2025. Rejection is withdrawn.
In view of applicant’s amendments and arguments, applicant traverses the section 102 rejection over Jiao, the section 103 rejection over Jiao, and the section 103 rejection over Jiao in view of Heinl of the Office Action mailed on 26 November 2025. Applicant argues that Jiao fails to teach or suggest electrochemically active layer feature. However, the outermost AM Ti layer can be identified with the claimed layer feature as being inherently present. See Jiaqiang Li, “Electrochemical behavior of additive manufactured TC4 alloy in different concentrated NaCl solutions,” in J. Applied Electrochemistry (May, 2022) 52: 1419-1431. Li demonstrates that this alloy is electrochemically active. There is no modification being argued in this rejection, and the rejection is proper under section 102. Thus, the assembly can be identified as that of a fuel cell, electrolyzer or battery being claimed since all claimed structural features are present and the assembly would otherwise be expected to be able to meet those functional requirements of serving as a fuel cell, electrolyzer, and/or battery. Applicant argues that Jiao fails to teach or suggest stacked layers. However, Jiao teaches forming porous membrane using additive manufacturing, which inherently leads to discrete layers being applied, i.e., a multitude of discrete thin layers that are stacked. Rejections are maintained.
In view of applicant’s amendments and arguments, applicant traverses the section 102 rejection over Heinl of the Office Action mailed on 25 November 2025. Applicant argues that Heinl fails to teach or suggest electrochemically active layer feature. However, the outermost AM Ti layer can be identified with the claimed layer feature. See Mukesh Tak, “Electrochemical Dissolution Characteristics and Electrochemical Micromachining of Ti6Al4V Alloy Fabricated by Direct Metal Laser Sintering Method,” in Electrocatalysis (August, 2022) 13:853-872, including pages 861-870. Tak demonstrates that this alloy is electrochemically active. There is no modification being argued in this rejection, and the rejection is proper under section 102. Thus, the assembly can be identified as that of a fuel cell, electrolyzer and/or battery being claimed since all claimed structural features are present and the assembly would otherwise be expected to be able to meet those functional requirements of serving as a fuel cell, electrolyzer, and/or battery. Applicant points out that Heinl’s applications are orthopaedic and argues that this should lead to a teaching away from being electrochemically active. The argument is not entirely followed. Not being electrochemically active in a body may be a goal, but it does not follow that it cannot be electrochemically active outside a body under suitable conditions. Applicant argues that Heinl fails to teach or suggest stacked layers. However, Heinl teaches forming porous membrane using additive manufacturing, which inherently leads to discrete layers being applied, i.e., a multitude of discrete thin layers that are stacked. Heinl shows stack of layers in Figure 3, left side. Rejection is maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL E. LA VILLA whose telephone number is (571)272-1539. The examiner can normally be reached Mon. through Fri. from 9:00 a.m. ET to 5:30 p.m. ET.
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/MICHAEL E. LA VILLA/Primary Examiner, Art Unit 1784
17 March 2026
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