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 group I claims 1-5 in the reply filed on 2/17/2026 is acknowledged.
Claims 6-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), there being no allowable generic or linking claim. Election was made without traverse.
Specification
The disclosure is objected to because of the following: the metric PPI (i.e. pores per inch) is not a measure of porosity, rather of linear pore density. The specification should be amended to reflect this measure.
Appropriate correction is required.
Claim Objections
Claims 2-5 objected to because of the following informalities. Appropriate correction is required.
2-5. These claims have a colon after wherein which creates sentence fragments. The colon should be removed. This also applies to the relevant withdrawn claims.
Claim Rejections - 35 U.S.C. § 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.
Claim 5 is rejected under 35 U.S.C. § 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
5. The metric PPI (i.e. pores per inch) is not a measure of porosity, rather of linear pore density. Thus it is not clear whether the porosity or linear pore density is claimed. This makes the claim indefinite.
Claim Rejections - 35 U.S.C. § 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 1-3 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Song et al., Exfoliation of layered double hydroxides for enhanced oxygen evolution catalysis, Nature Communications (2014) [hereinafter Song].
The body of the claim is generally written with parentheses following the limitations indicating the prior art's teachings and/or examiner notes.
1. An oxidization electrode (electrode for oxygen evolution reaction; Song abstract, p. 5) for … water electrolysis (water splitting; Song abstract, p. 2), comprising:
a nickel metal (porous nickel foam; Song abstract, p. 5, fig. 1); and
a layered double hydroxide (LDH) with a monolayer structure containing nickel and iron and disposed on one surface of the nickel metal (NiFe LDH nanosheet deposited on nickel foam; id.).
The preamble phrase “for anion exchange membrane” is a statement that recites purpose or intended use. See MPEP § 2111.02(II). Because the cited prior art teaches the structural limitations of the claim, the prior art is also structurally capable of performing the claimed functions. See id.
2. The oxidization electrode for anion exchange membrane water electrolysis according to claim 1, wherein: a weight ratio of nickel/iron in the layered double hydroxide is 15/85 to 85/15 (weight ratio of Ni:Fe of 3:1). Song p. 7 right col.
3. The oxidization electrode for anion exchange membrane water electrolysis according to claim 1, wherein: a loading amount of the layered double hydroxide per one surface of the nickel metal is 0.1 to 5 mg/cm2 (1 mg/cm2). Song p. 5, left col.
Claim Rejections - 35 U.S.C. § 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 of this title, 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 4-5 are rejected under 35 U.S.C. § 103 as being unpatentable over Song as applied to claim 1 previously and further in view of Xu et al., W.O. Int’l Pub. No. 2020/127693 A1 [hereinafter Xu].
The body of the claim is generally written with parentheses following the limitations indicating the prior art’s teachings and/or examiner notes.
4-5. Song is silent on (claim 4) the oxidization electrode for anion exchange membrane water electrolysis according to claim 1, wherein: a thickness of the nickel metal is 150 to 350 µm and (claim 5) the oxidization electrode for anion exchange membrane water electrolysis according to claim 1, wherein: the nickel metal has a linear pore density of 50 to 200 PPI.
However, Xu teaches that a nickel foam of 0.3 mm thickness and 110 pores per inch is a suitable base for an electrode. Xu abstract, p. 11 ll. 11-27.
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s thickness and linear pore density to be Xu’s 0.3 mm and 110 pores per inch to yield the predictable result of having suitable parameters for a nickel base for an electrode.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hosung Chung whose telephone number is (571) 270-7578. The examiner can normally be reached Monday-Wednesday, 9 AM - 6 PM CT.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lin can be reached on (571) 272-8902. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/HOSUNG CHUNG/Primary Examiner, Art Unit 1794