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 .
Drawings
The drawings were received on 7/24/2023. These drawings are accepted.
Claim Rejections - 35 USC § 103
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 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:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 5-8, 10-12, 14, 16, and 20, is/are rejected under 35 U.S.C. 103 as being unpatentable over Qi et al. (US 2016/0308220 A1, hereafter Qi) in view of Hu et al. (CN-111146477-A, hereafter Hu).
With regard to claim 1, Qi teaches a metal air battery comprising:
an anode [0074];
a porous cathode (air electrode) [0074, 0121];
a separator between the anode and the porous cathode [0174];
a liquid electrolyte (aqueous) [0074]; and
a discharge product (lithium peroxide) removed from the porous cathode (in separation and storage unit) [0074, fig. 10].
Qi teaches flowing electrolyte but does not teach an acoustic device. However, in the same field of endeavor, Hu teaches the use of an acoustic device (piezoelectric transduction device) to produce acoustic vibrations that cause flow of liquid electrolyte [pg. 3 paragraph 12]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the acoustic device (piezoelectric transduction device) of Hu with the battery of Qi for the benefits of reducing concentration polarization and internal resistance and cleaning the surface of the electrode [Hu pg. 3 paragraph 12].
With regard to claim 2, Qi teaches an accumulation compartment (storage unit) adjacent to the porous cathode [0182, 0187, fig. 10A] but does not explicitly teach it is attached to an exterior surface of the metal-air battery. However, this would be an obvious variant to one of ordinary skill in the art since it would perform the same function of storing and persevering discharge product and only require making the battery and storage unit integral. See MPEP 2144.04 V.
With regard to claim 3, Qi teaches the accumulation compartment (storage unit) receives the discharge product [0182, 0187].
With regard to claim 5, Qi teaches flowing electrolyte but does not teach an acoustic device. However, in the same field of endeavor, Hu teaches the use of an acoustic device (piezoelectric transduction device) to produce acoustic vibrations that cause flow of liquid electrolyte [pg. 3 paragraph 12]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the acoustic device (piezoelectric transduction device) of Hu with the battery of Qi for the benefits of reducing concentration polarization and internal resistance and cleaning the surface of the electrode [Hu pg. 3 paragraph 12]. Modified Qi would not explicitly teach the location of the acoustic device is attached to an exterior of the accumulation compartment. However, this would be an obvious variant to one of ordinary skill in the art since it would perform the same function of producing acoustic vibrations and only require a rearrangement of parts. See MPEP 2144.04 VI.
With regard to claim 6, Qi teaches lithium or zinc [0072, 0074].
With regard to claim 7, Qi teaches the cathode (air electrode) receives oxygen [0076]
With regard to claim 8, Qi teaches lithium peroxide [0074].
With regard to claim 9, Qi teaches flowing electrolyte but does not teach an acoustic device. However, in the same field of endeavor, Hu teaches the use of an acoustic device (piezoelectric transduction device) to produce acoustic vibrations that cause flow of liquid electrolyte and teaches that the frequency may be changed (which would be capable of performing the claimed function) [pg. 3 paragraph 12]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the acoustic device (piezoelectric transduction device) of Hu with the battery of Qi for the benefits of reducing concentration polarization and internal resistance and cleaning the surface of the electrode [Hu pg. 3 paragraph 12].
Claims directed to apparatus must be distinguished from the prior art in terms of structure rather than function. In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). See also MPEP § 2114.
The manner of operating the device does not differentiate an apparatus claim from the prior art. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
With regard to claim 10, Qi teaches a lithium air battery comprising:
a lithium anode [0074];
a porous cathode (air electrode) receiving oxygen gas [0074, 0121];
a separator between the anode and the porous cathode [0174];
a liquid electrolyte (aqueous) [0074]; and
a discharge product (lithium peroxide) removed from the porous cathode (in separation and storage unit) [0074, fig. 10].
Qi teaches flowing electrolyte but does not teach an acoustic device. However, in the same field of endeavor, Hu teaches the use of an acoustic device (piezoelectric transduction device) to produce acoustic vibrations that cause flow of liquid electrolyte [pg. 3 paragraph 12]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the acoustic device (piezoelectric transduction device) of Hu with the battery of Qi for the benefits of reducing concentration polarization and internal resistance and cleaning the surface of the electrode [Hu pg. 3 paragraph 12].
With regard to claim 11, Qi teaches an accumulation compartment (storage unit) adjacent to the porous cathode [0182, fig. 10A] but does not explicitly teach it is attached to an exterior surface of the metal-air battery. However, this would be an obvious variant to one of ordinary skill in the art since it would perform the same function of storing and persevering discharge product and only require making the battery and storage unit integral. See MPEP 2144.04 V.
With regard to claim 12, Qi teaches the accumulation compartment (storage unit) receives the lithium peroxide discharge product [0182].
With regard to claim 14, Qi teaches flowing electrolyte but does not teach an acoustic device. However, in the same field of endeavor, Hu teaches the use of an acoustic device (piezoelectric transduction device) to produce acoustic vibrations that cause flow of liquid electrolyte [pg. 3 paragraph 12]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the acoustic device (piezoelectric transduction device) of Hu with the battery of Qi for the benefits of reducing concentration polarization and internal resistance and cleaning the surface of the electrode [Hu pg. 3 paragraph 12]. Modified Qi would not explicitly teach the location of the acoustic device is attached to an exterior of the accumulation compartment. However, this would be an obvious variant to one of ordinary skill in the art since it would perform the same function of producing acoustic vibrations and only require a rearrangement of parts. See MPEP 2144.04 VI.
With regard to claim 15, Qi teaches flowing electrolyte but does not teach an acoustic device. However, in the same field of endeavor, Hu teaches the use of an acoustic device (piezoelectric transduction device) to produce acoustic vibrations that cause flow of liquid electrolyte and teaches that the frequency may be changed (which would be capable of performing the claimed function) [pg. 3 paragraph 12]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the acoustic device (piezoelectric transduction device) of Hu with the battery of Qi for the benefits of reducing concentration polarization and internal resistance and cleaning the surface of the electrode [Hu pg. 3 paragraph 12].
With regard to claim 16, Qi teaches a method for collecting a discharge product of a metal air battery including receiving a discharge product in response to a liquid electrolyte flowing into contact with a porous cathode and collecting the discharge product in an accumulation compartment (storage unit) [0074, 0121, 0182, 0187].
Qi teaches flowing electrolyte but does not teach an acoustic device. However, in the same field of endeavor, Hu teaches the use of an acoustic device (piezoelectric transduction device) to produce acoustic vibrations that cause flow of liquid electrolyte [pg. 3 paragraph 12]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the acoustic device (piezoelectric transduction device) of Hu with the method of Qi for the benefits of reducing concentration polarization and internal resistance and cleaning the surface of the electrode [Hu pg. 3 paragraph 12].
With regard to claim 20, Qi teaches a lithium-air battery [0074].
Claim(s) 4, 13, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qi and Hu as applied to claims 1-3, 5-8, 10-12, 14, 16, and 20 above, and further in view of Amendola et al (US 2012/0021303 A1, hereafter Amendola).
With regard to claims 4 and 13, Qi teaches the accumulation compartment (storage unit) receives the lithium peroxide discharge product [0182] but does not explicitly teach it is in response to gravity. However, in the same field of endeavor, Amendola teaches the use of gravity to help reaction discharge products separate [0112-0113]. Based on the teachings of Amendola it would be obvious to one of ordinary skill in the art to configure the accumulation compartment (storage unit) of Qi to allow for gravity to in moving the discharge product for the benefit of allowing for the discharge product to settle as an even layer [Amendola 0112-0113].
With regard to claim 19, Qi teaches the accumulation compartment (storage unit) receives the lithium peroxide discharge product [0182] but does not explicitly teach it is in response to gravity. However, in the same field of endeavor, Amendola teaches the use of gravity to help reaction discharge products separate [0112-0113]. Based on the teachings of Amendola it would be obvious to one of ordinary skill in the art to configure the accumulation compartment (storage unit) of Qi to allow for gravity to in moving the discharge product for the benefit of allowing for the discharge product to settle as an even layer [Amendola 0112-0113].
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qi and Hu as applied to claims 1-3, 5-12, 14-16, and 20 above, and further in view of Core et al. (US 2021/0262989 A1, hereafter Core).
With regard to claims 17-19, modified Qi would not explicitly teach determining channel resonance or using a frequency substantially equal to channel resonance. However, in a field of endeavor relevant to the problem solved (acoustofluidics), Core teaches determining channel resonance (matching resonance frequency) and selecting frequencies to produce acoustic waves substantially equal to the channel resonance [0004]. It would have been obvious to one of ordinary skill in the art to use the frequency matching method of Core with the method of Qi for the benefit of efficient performance [Core 0004].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT C THOMAS whose telephone number is (571)270-7737. The examiner can normally be reached Flexible schedule, typical hours 11-7 M-F.
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/BRENT C THOMAS/Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724
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