DETAILED ACTION
The amendment filed March 8, 2026 has been entered. Claims 2-4 have been canceled by Applicant. Claims 1 and 5-10 are pending.
Claim Objections
The previous objections to claims 1 and 2 have been withdrawn in view of Applicant’s amendment.
Claim Rejections - 35 USC § 112
The previous 112 rejections have been withdrawn in view of Applicant’s amendment.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over Duduta et al. (“Duduta”, US 2011/0274948 A1) in view of Roumi et al. (“Roumi”, US 2012/0077095 A1), Visco et al. (“Visco”, US 8,932,771 B2), and Lee et al. (“Lee”, US 9,843,034 B2).
Regarding claim 1, Duduta discloses an electrochemical cell comprising at least one fluid comprising electrode active material that is flowable into and/or out of the electrode compartment in which the electrode active material is charged and/or discharged (abstract).
Duduta teaches first and/or second electrode compartments can be arranged such that electrochemically active fluid is transported through the compartments to generate energy (via discharge) and/or recharge depleted electrode active material (via charging) ([0034]). Fig. 1A depicts the compartments separated into upper and lower compartments, which reads on the claimed upper and lower layers.
Duduta teaches electrochemically active fluids can be transported into and/or out of electrode compartments using a transporting device, such as a pump, or any other conventional device for fluid transport ([0035]). Duduta teaches transporting through conduits ([0061]) by injection ([0043]).
Duduta teaches the ion-exchange medium can comprise a membrane ([0139]).
Duduta teaches the electrochemically active fluid (including electrode active material) may include lithium metal ([0079]), binders (i.e. polymer) ([0125]), nanoparticles ([0105]), and an electrolyte salt ([0125]) including lithium salt ([0139]).
Duduta teaches fullerenic carbon including single-wall carbon nanotubes may be used as electrode active materials ([0083]) but does not expressly teach a graphene porous carbon rod electrode communicating with an external pure oxygen tank.
However, Roumi discloses electrochemical energy storage systems and methods (title) and teaches rod electrodes ([0012]. Useful electrode materials include those used in electrochemical cells and include graphene, inter alia ([0013]). Roumi also teaches an oxygen containing fluid, such as oxygen gas, positioned in contact with one or more rod electrodes ([0014]). As provided in [0015] Roumi discloses pumping the oxygen which implies the oxygen comes from a source as the pump must access the material to reasonably pump it. The foregoing appears to read on the broadly claimed storage tank. In the event that this is found unpersuasive, the examiner notes that Visco explicitly teaches oxygen being stored in a tank (2:41-53) and the courts have held that (1) Combining prior art elements according to known methods to yield predictable results; and (2) Use of known technique to improve similar devices (methods, or products) in the same way are both matters of obviousness (MPEP 2143).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to use the graphene rod electrodes of Roumi (in contact with oxygen) in the electrochemical cells of Duduta to provide higher power/energy density batteries, as taught by Roumi ([0159]).
Duduta and Roumi teach lithium metal, a binder, nanoparticles, and a lithium salt electrolyte, as disclosed above. Duduta teaches a concentration sufficiently high to allow for operation of the energy storage device at its intended level and teaches ionic conductivity between about 0.01 and about 10 mS/cm ([0029]), which overlaps the claimed range.
Duduta and Roumi do not expressly teach polyacrylonitrile or the porous silicon nanoparticles.
However, Lee teaches a porous silicon-based anode active material may improve life characteristics of the lithium secondary battery by efficiently controlling the volume expansion (16:7-14). Lee teaches a plurality of honeycomb-shaped pores on surfaces, or on surfaces and inside of the crystalline silicon particles (16:16-20), wherein a diameter of the honeycomb-shaped pores in a range of 10 nm to 2 microns (16:35-37).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to use the silicon particles of Lee in the electrochemical cell of Duduta as modified by Roumi to help control volume expansion and improve life characteristics (16:7-14), as taught by Lee.
As to the polyacrylonitrile (PAN), PAN is extremely well known in the art as a binder. For example, Lee teaches various types of binder polymers for the active material, include polyacrylonitrile (10:58-67).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to use PAN as the binder in Duduta as modified by Roumi since it was known to be an effective polymer binder for active materials on electrodes (Lee, 10:51-67).
Duduta teaches the fluid can be transported to a reservoir, where it can be stored for later use ([0066]) or held in a dedicated tank or other suitable enclosure ([0059]).
Duduta teaches injection ([0043]) using pumps or any other conventional device for fluid transport ([0035]), which is considered to read on the claimed micropower circulation pump.
Duduta teaches the electrochemically active fluid can be shuttled back and forth between electrode compartments for charging ([0066]), including a dedicated tank ([0059]).
Regarding claim 5, the electrochemical cell of Duduta as modified by the graphene rod electrodes of Roumi would operate in the manner claimed to pass lithium ions through the membrane and react with oxygen ions emerging from the graphene rod electrode.
Regarding claim 6, Duduta teaches the negative electrode current collector may comprise copper ([0102]). Duduta also teaches the positive electrode current collector may comprise copper ([0103]).
Regarding claim 7, the electrochemical cell of Duduta as modified by the graphene rod electrodes of Roumi is capable of being filled with pure oxygen while being heated and maintained at a certain temperature. Further, Roumi teaches heat transfer rods in thermal communication with electrode arrays ([0027]).
Regarding claims 8 and 9, Duduta teaches pumps and conduits as well as a tank and reservoirs to shuttle the active fluid back and forth (see discussion of claim 1 above).
Duduta does not expressly teach discharging for recycling and performing a reduction reaction.
However, Roumi teaches a step of transporting depleted semi-solid or condensed ion-storing material to a discharged composition storage receptacle for recycling or recharging ([0058]). Roumi also teaches a step of applying an opposing voltage difference to the flowable redox energy storage device and transporting discharged semi-solid or condensed liquid ion-storing redox composition into the electroactive zone to be charged ([0059]).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to recycle discharged by products or to replenish recoverable materials to reduce the unnecessary use/expense of raw materials.
Regarding claim 10, Duduta as modified by Roumi teach the lithium metal electrode and the graphene porous carbon rod electrode, as discussed above. One of ordinary skill in the art would appreciate connecting an electrochemical cell to any load. Roumi teaches using the electrochemical conversion devices for passenger vehicles ([0002]), which include a motor.
Response to Arguments
Applicant's arguments have been fully considered but are not found persuasive.
Applicant has incorporated claims 2-4 into claim 1. Applicant argues that charging by replacing the liquid, not by conventional charging process, is not taught in the prior art.
However, Duduta teaches the fluid can be transported to a reservoir, where it can be stored for later use ([0066]) or held in a dedicated tank or other suitable enclosure ([0059]). One of ordinary skill in the art would appreciate that the same fluid could be charged and discharged, or alternatively, the fluid could be replaced with a charged fluid obtained from a different source.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL H. LEE whose telephone number is (571)272-2548. The examiner can normally be reached M-F 8:30-5:00.
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, Michael Orlando can be reached at 5712705038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DANIEL H. LEE
Primary Examiner
Art Unit 1746
/DANIEL H LEE/ Primary Examiner, Art Unit 1746