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 .
Response to Arguments
Applicant’s arguments, see pages 7-8, filed 7/29/2026, with respect to the rejection(s) of amended claim(s) 1-3, 5-12, 14-16 and 20 under Qi and Hu have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Qi, Hu, and the new prior art of Arai et al. (WO 2014-073410, hereafter Arai). Arai is relied upon for teaching an electrolyte flow used to dislodge precipitates as necessitated by the claim amendments and detailed in the claim rejections below.
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.
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), and further in view of Arai et al. (WO 2014-073410, hereafter Arai).
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) that may be stored as a solid product within the porous cathode and removed from the porous cathode (in separation and storage unit) [0047, 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].
Qi does not explicitly teach dislodging a solid discharge product, however in the same field of endeavor, Arai teaches using a flow of a circulating electrolytic solution to separate (dislodge) a precipitate (solid discharge product) [0041-0043]. It would have been obvious to one of ordinary skill in the art to use the flow separation of Arai with the battery of Qi for the benefit of preventing a decrease in performance of the battery [Arai 0022].
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 solid (precipitated) 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 [0047, 0074, 0182].
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) that may be stored as a solid product within the porous cathode and removed from the porous cathode (in separation and storage unit) [0047, 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].
Qi does not explicitly teach dislodging a solid discharge product, however in the same field of endeavor, Arai teaches using a flow of a circulating electrolytic solution to separate (dislodge) a precipitate (solid discharge product) [0041-0043]. It would have been obvious to one of ordinary skill in the art to use the flow separation of Arai with the battery of Qi for the benefit of preventing a decrease in performance of the battery [Arai 0022].
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 solid (precipitate) 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 solid (precipitate) 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].
Qi does not explicitly teach dislodging a solid discharge product, however in the same field of endeavor, Arai teaches using a flow of a circulating electrolytic solution to separate (dislodge) a precipitate (solid discharge product) [0041-0043]. It would have been obvious to one of ordinary skill in the art to use the flow separation of Arai with the method of Qi for the benefit of preventing a decrease in performance of the battery [Arai 0022].
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, Hu, and Arai 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 solid (precipitate) 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 solid (precipitate) 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, Hu and Arai 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
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.
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/BRENT C THOMAS/Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724
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