DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
2. 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.
3. 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.
4. Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takahashi et al. (US 2017/0250432).
Regarding claims 1 and 3, Takahashi discloses a fuel cell catalyst([0013]), comprising a carbon powder carrier([0013], [0131]), and catalyst particles carried on the carbon powder carrier([0138]-[0142]), wherein the catalyst particles are Pt alloy particles([0139]-[0140]), the fuel cell catalyst has 0.65 mmol/g or more of hydrophilic groups(preferably 0.7 mmol/g or more [0061] which differs from the claimed range by 0.05 therefore is sufficiently specific and anticipates). The examiner notes the limitations
when 0.5 g of the fuel cell catalyst is immersed in 30 mL of a 0.5 mol/L sulfuric acid solution and maintained at room temperature for 100 hours while stirring, an elution amount of Pt is 0.625 mg or less per gram of the fuel cell catalyst (claim 1) and wherein the elution amount of Pt is 0.300 mg or less per gram of the fuel cell catalyst (claim 3) are results to be achieved. As Takahashi discloses the fuel cell catalyst, it follows the fuel cell catalyst has the properties when the steps are performed.
Regarding claim 2, Takahashi discloses the hydrophilic groups are acidic groups([0061]).
Regarding claim 4, Takahashi discloses the Pt alloy particles are alloy particles containing: Pt, and one or more metals selected from the group consisting of Cr, Mn, Fe, Co, Ni, Cu, Ga, Ru, Ir, Pd, Os, and Rh([0139]-[0140]).
Regarding claim 5, Takahashi discloses an average particle size of the catalyst particles is 2 nm or more and 10 nm or less( 3 nm or more and 10 nm or less [0142]).
Regarding claims 6 and 7, Takahashi discloses an electrode of a fuel cell, comprising the fuel cell catalyst according to claim 1 ([0041]-[0043]) and wherein the electrode is a cathode([0043]).
Regarding claim 8, Takahashi discloses a fuel cell, comprising the electrode according to claim 6 ([0202]-[0205]).
Allowable Subject Matter
5. Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
In particular, the allowable limitation is a method for the production of the fuel cell catalyst according to claim 1, the method comprising the steps of: carrying the catalyst particles on a carbon powder carrier to prepare a catalyst particle-carrying carbon powder; contacting the catalyst particle-carrying carbon powder with an oxidizing agent to impart hydrophilic groups to the catalyst particle-carrying carbon powder to prepare a fuel cell catalyst precursor; and contacting the fuel cell catalyst precursor with a reducing agent to prepare a fuel cell catalyst.
In the instant invention, the hydrophilic group imparting step may involve heat treatment during or after contact between the catalyst particle-carrying carbon powder and the oxidizing agent ([0122] US 2023/0420695). In the reduction step, the fuel cell catalyst precursor is brought into contact with a reducing agent to prepare the fuel cell catalyst([0124]). In this reduction step, it is desirable to adjust the degree of reduction so that the hydrophilic groups on the catalyst particles are removed by reduction but the hydrophilic groups on the carbon powder carrier are not removed([0124]).
Takahashi discloses a method for the production of the fuel cell catalyst according to claim 1 ([0160]-[0162]), the method comprising the steps of: carrying the catalyst particles on a carbon powder carrier to prepare a catalyst particle-carrying carbon powder([0163]-[0186]); contacting the catalyst particle-carrying carbon powder with an oxidizing agent to impart hydrophilic groups to the catalyst particle-carrying carbon powder to prepare a fuel cell catalyst precursor([0187]-[0189]); but does not disclose, teach or render obvious contacting the fuel cell catalyst precursor with a reducing agent to prepare a fuel cell catalyst.
6. Claims 10 & 11 are objected to as being dependent upon allowable claim, but would be allowable if rewritten in independent form including all of the limitations of the allowable claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA HOM LYNCH whose telephone number is (571)272-0489. The examiner can normally be reached 7:30 AM - 4:30 PM EST M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724