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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has complied with all of the conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e).
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/15/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings received on 05/15/2023 were reviewed and are acceptable.
Specification
The specification filed on 05/15/2023 was reviewed and is acceptable.
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.
Claim(s) 1-20 is/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.
Claim 1 recites the limitation “the dispersion” in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation “a radical scavenger metal oxide-ionomer nanoparticle” in lines 6-7. It is unclear whether this was intended to be the same “highly-dispersable radical scavenger metal oxide-ionomer nanocomposite” previously recited, or another separate and distinct nanomaterial. For purposes of this Office Action, it will be assumed that these were intended to be the same nanomaterial, as indicated by the preamble “A method for preparing a highly-dispersable radical scavenger metal oxide-ionomer nanocomposite”.
Claim 3 recites the limitations “the nanocomposite” in lines 2-3. There is insufficient antecedent basis for these limitations in the claim.
Claim 4 recites the limitation “the ionomer dispersion” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitations “the metal oxide precursor” in line 1 and “the ionomer dispersion” in line 2. There is insufficient antecedent basis for these limitations in the claim.
Claim 10 recites the limitation “the ionomer dispersion” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation “the radical scavenger metal oxide-ionomer nanoparticle” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitations “The highly-dispersable radical scavenger metal oxide-ionomer nanocomposite” in line 1 and “the nanocomposite” in line 2. There is insufficient antecedent basis for these limitations in the claim.
Claim 13 recites the limitation “The highly-dispersable radical scavenger metal oxide-ionomer nanocomposite” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitations “The highly-dispersable radical scavenger metal oxide-ionomer nanocomposite” in line 1 and “the radical scavenger metal oxide precursor” in line 2. There is insufficient antecedent basis for these limitations in the claim.
Claim 15 recites the limitation “The highly-dispersable radical scavenger metal oxide-ionomer nanocomposite” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation “The highly-dispersable radical scavenger metal oxide-ionomer nanocomposite” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitations “The highly-dispersable radical scavenger metal oxide-ionomer nanocomposite” in line 1 and “the ionomer dispersion” in line 2. There is insufficient antecedent basis for these limitations in the claim.
Claim 18 recites the limitation “the highly-dispersable radical scavenger metal oxide-ionomer nanocomposite” in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation “which comprises an anode and cathode composed of an electrode layer…and an electrolyte membrane disposed between the anode and the cathode” in lines 1-3. It is unclear how two structures, an anode and a cathode, may be composed of a single “electrode layer”. For purposes of this Office Action, it will be assumed that this was a simple minor typographical error and was intended to recite e.g. “which comprises an anode and cathode [each] composed of an electrode layer because anodes and cathodes are well known to be separate and distinct electrodes in the electrochemical arts. It is further noted that the second recitation of “the electrode layer” in line 5 should be commensurately corrected, e.g. “included in at least one of the electrode layer[s]”.
Claim 19 recites the limitation “the highly-dispersable radical scavenger metal oxide-ionomer nanocomposite” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4-7, 11-14, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhao et al. (Synthesis of Nafion/CeO2 hybrid for chemically durable proton exchange membrane of fuel cell; hereinafter “Zhao”).
Regarding claim 1, Zhao discloses a method for preparing a highly dispersible radical scavenger metal oxide ionomer nanocomposite (Nafion/CeO2 hybrid, Title/Abstract) in which a metal oxide nanoparticle (CeO2 nanoparticle, §2.1 ¶1) and an ionomer (Nafion ionomer, §2.1 ¶1) are dispersed in nanocomposite form (Nafion stabilized CeO2 nanoparticle, §2.1 ¶1) through a self assembly process (§2.1 ¶1), the method comprising the steps of:
a) dissolving a radical scavenger metal oxide precursor (cerium chloride, §2.1 ¶1) in a perfluorinated sulfonic acid ionomer dispersion (Nafion solution, §2.1 ¶1); and
b) adding sodium hydroxide (NaOH, §2.1 ¶1) to the dispersion to form a radical scavenger metal oxide ionomer nanoparticle in an in situ manner (Nafion stabilized CeO2 nanoparticles were obtained, §2.1 ¶1).
Regarding claim 4, Zhao discloses all of the claim limitations as set forth above.
Zhao further discloses that the ionomer dispersion is prepared by dispersing a perfluorinated sulfonic acid ionomer (Nafion ionomer, §2.1 ¶1) in a mixed solvent composed of alcohol and water (Nafion DE 520 solution, which contains ~50% water and ~48% 1-proponol, §2.1 ¶1).
Regarding claim 5, Zhao discloses all of the claim limitations as set forth above.
Zhao further discloses that the radical scavenger metal oxide is an oxide of cerium (CeO2, §2.1 ¶1).
Regarding claim 6, Zhao discloses all of the claim limitations as set forth above.
Zhao further discloses that the radical scavenger metal oxide precursor includes cerium chloride (cerium chloride, §2.1 ¶1).
Regarding claim 7, Zhao discloses all of the claim limitations as set forth above.
Zhao further discloses that the metal oxide precursor is added in a range of 0.1 to 500% by weight based on the ionomer dispersion (e.g. 10 wt%, §2.1 ¶1, which falls within the recited range).
Regarding claim 11, Zhao discloses a metal oxide ionomer nanocomposite (Nafion/CeO2 hybrid, Title/Abstract) in which a radical scavenger metal oxide (CeO2 nanoparticle, §2.1 ¶1) is synthesized in situ (§2.1 ¶1) from an ion type radical scavenger metal oxide precursor (cerium chloride, §2.1 ¶1) in a perfluorinated sulfonic acid ionomer dispersion (Nafion solution, §2.1 ¶1), and radical scavenger metal oxide nanoparticle and an ionomer (Nafion ionomer, §2.1 ¶1) are dispersed in nanocomposite form (Nafion stabilized CeO2 nanoparticle, §2.1 ¶1) through a self assembly process (§2.1 ¶1).
Regarding claim 12, Zhao discloses all of the claim limitations as set forth above.
Zhao further discloses that the nanocomposite is capable of be redispersed in a size of nanoparticle in an aqueous alcohol solution (Nafion DE 520 solution, which contains ~50% water and ~48% 1-proponol, §2.1 ¶1-2).
Regarding claim 13, Zhao discloses all of the claim limitations as set forth above.
Zhao further discloses that the radical scavenger metal oxide is an oxide of cerium (CeO2, §2.1 ¶1).
Regarding claim 14, Zhao discloses all of the claim limitations as set forth above.
Zhao further discloses that the radical scavenger metal oxide precursor includes cerium chloride (cerium chloride, §2.1 ¶1).
Regarding claim 18, Zhao discloses all of the claim limitations as set forth above.
Zhao further discloses a membrane electrode assembly for a fuel cell (Title) which comprises an anode and cathode [each] composed of an electrode layer containing a catalyst and an ionomer and an electrolyte membrane disposed between the anode and the cathode (§2.3 ¶1),
wherein the highly dispersible radical scavenger metal oxide ionomer nanocomposite is included in the electrolyte membrane (§2.1 ¶3).
Regarding claim 19, Zhao discloses all of the claim limitations as set forth above.
Zhao further discloses that the highly dispersible radical scavenger metal oxide ionomer nanocomposite is included in a range of 0.001 to 5% by weight based on a solid content of the electrolyte membrane and the ionomer for an electrode binder (5 wt%, §2.1 ¶2-3, which falls within the recited range).
Regarding claim 20, Zhao discloses all of the claim limitations as set forth above.
Zhao further discloses a fuel cell comprising the membrane electrode assembly (Title).
Allowable Subject Matter
Claim(s) 2-3, 8-10, and/or 15-17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The present invention is related to, inter alia, a method for preparing a highly dispersible radical scavenger metal oxide ionomer nanocomposite, and related nanocomposite, comprising:
(claim 2) separating and drying to obtain a powder state; and
(claim 8 and 15) dispersing a perfluorinated ionomer in a continuous phase containing alcohol and water under a supercritical condition.
Zhao et al. (Synthesis of Nafion/CeO2 hybrid for chemically durable proton exchange membrane of fuel cell; hereinafter “Zhao”) is considered to be the closest relevant prior art to dependent claims 2, 8, and 15. Zhao discloses most of the claim limitations as set forth above.
However, Zhao does not disclose, teach, fairly suggest, nor render obvious the above noted limitations. To the contrary, Zhao explicitly discloses that the produced Nafion stabilized CeO2 nanoparticles are produced as a sol in order to produce the electrolyte membrane via a conventional sol-gel process (§2.1 ¶2-3) and thus there does not appear to be any reasonable basis for the skilled artisan to abandon the conventional process and be directed towards obtaining a powder because doing so necessarily adds additional steps to a process that already obtains an electrolyte membrane. Furthermore, Zhao explicitly discloses that the dispersion is simply heated to remove water and solvent (§2.1 ¶1), and thus there does not appear to be any reasonable basis for the skilled artisan to be directed towards utilizing a supercritical condition because water and solvent are already removed via simply heating the dispersion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Tiquet (US 2018/0198117 A1) discloses a process for manufacturing an electrode.
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/JAMES M ERWIN/Primary Examiner, Art Unit 1725 01/12/2026