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 .
Election/Restrictions
Applicant’s election without traverse of group I, the nickel-cyclam species of claims 7-10, and molecular catalyst direct contact of claims 15-16 in the reply filed on 5/15/2026 is acknowledged.
Claims 4-6, 14, 17, and 19-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), there being no allowable generic or linking claim. Election was made without traverse.
Claim Objections
Claim 10 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 9. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 U.S.C. § 103
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 of this title, 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.
Claims 1-3 and 7-16 are rejected under 35 U.S.C. § 103 as being unpatentable over Fujihira et al., U.S. Patent No. 5,284,563 [hereinafter Fujihira] in view of Fontecave et al., W.O. Int’l Pub. No. 2020/127821 A1 [hereinafter Fontecave] and Berlinguette et al., W.O. Int’l Pub. No. 2019/204938 A1 [hereinafter Berlinguette].
The body of the claim is generally written with parentheses following the limitations indicating the prior art’s teachings and/or examiner notes.
1. The following references render this claim obvious.
I. Fujihira
1. An electrochemical cell comprising
a cathode, an anode (working and counter electrodes; Fujihira col. 4 ll. 56-68), …
electrode comprising … a molecular catalyst, wherein the molecular catalyst comprises a metal and an organic ligand; wherein the metal is selected from manganese and/or nickel (nickel cyclam general formula; Fujihira abstract, col. 2 ll. 8-33, col. 2 l. 66 – col. 3 l. 20).
II. Membrane electrolyzer - Fontecave and Berlinguette
Fujihira is silent on an ion-exchange membrane separating the anode and cathode, and a gas supply for providing carbon dioxide gas to the cathode; wherein the cathode is provided by a gas diffusion electrode comprising a gas diffusion layer.
However, Fontecave teaches a membrane electrode assembly electrolyzer comprising: an ion-exchange membrane separating the anode and cathode (bipolar membrane with cathode and anode materials attached on either side; Fontecave p. 4 ll. 16-32, p. 20 l. 25 – p. 21 l. 14), and a gas supply for providing carbon dioxide gas to the cathode (carbon dioxide gas supply; id.); wherein the cathode is provided by a gas diffusion electrode comprising a gas diffusion layer (gas diffusion electrode with porous gas diffusion layer covered with catalyst; id.).
Berlinguette teaches that a membrane electrolyzer allows for the separation of products, in this case carbon monoxide gas at the cathode side and oxygen gas at the anode side. Berlinguette figs. 3-3A.
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s electrolyzer with Fontecave’s membrane electrode assembly electrolyzer in order to separate the product gases as taught by Berlinguette.
2. The electrochemical cell according to claim 1, wherein the organic ligand is a nitrogen-containing heterocycle (rejected for similar reasons stated in the claim 1 rejection).
3. The electrochemical cell according to claim 1, wherein the molecular catalyst has a formula which comprises MLaXb, wherein M is the metal selected from manganese and nickel, L is the organic ligand and X is an anion, wherein a is an integer from 1 to 3 and b is an integer from 0 to 4 (rejected for similar reasons stated in the claim 1 rejection).
7. The electrochemical cell according to claim 1, wherein the molecular catalyst is a nickel molecular catalyst comprising an azamacrocycle (rejected for similar reasons stated in the claim 1 rejection).
8. The electrochemical cell according to claim 7, wherein the azamacrocycle is a cyclam (rejected for similar reasons stated in the claim 1 rejection).
9. The electrochemical cell according to claim 8, wherein the nickel molecular catalyst has the formula (XII):C(XII);wherein R4 and R5 are each independently selected from H, hydroxy, amino, thiol, chloro, fluoro, CF3, CHF2, CH2F, a C1-Cs alkyl group, optionally forming a ring, a C1-Ca alkenyl group, an aryl group, a heteroaryl group, a C1-Ca alkoxy group, a C1-Cs alkylamino group, a C1-Ca alkylthio group, groups; or a (CO)OR6 group or a (CO)NHR6 group, wherein R6 is selected from H, a C1-Cs alkyl group, optionally forming a ring, a C1-Ca alkenyl group or an aryl group;wherein Y is selected from H, a (CH2)nZ group, wherein n is an integer from 1 to 6 and Z is a polar group selected from -PO3H2, -CO2H, -Si(OH)3, -SH, NH2 and OH (rejected for similar reasons stated in the claim 1 rejection).
10. The electrochemical cell according to claim 8, wherein the nickel molecular catalyst has the formula (XII):(XII),wherein R4 and R5 are each independently selected from H, hydroxy, amino,thiol, chloro, fluoro, CF3, CHF2, CH2F, a C1-Cs alkyl group, optionally forming a ring, a C1-Ca alkenyl group, an aryl group, a heteroaryl group, a C1-Ca alkoxy group, a C1-Cs alkylamino group, a C1-Ca alkylthio group, groups; or a (CO)OR6 group or a (CO)NHR6 group, wherein R6 is selected from H, a C1-Cs alkyl group, optionally forming a ring, a C1-Ca alkenyl group or an aryl group;wherein Y is selected from H, a (CH2)nZ group, wherein n is an integer from 1 to 6 and Z is a polar group selected from -PO3H2, -CO2H, -Si(OH)3, -SH, NH2 and OH (rejected for similar reasons stated in the claim 1 rejection).
11. The electrochemical cell according to claim 1, wherein the gas diffusion layer is a porous carbon material (porous carbon). Fontecave p. 4 ll. 16-32.
12. The electrochemical cell according to claim 1, wherein the molecular catalyst is adhered to the gas diffusion layer by a composition comprising a fluorocarbon polymer (the electrode may be treated with polytetrafluoroethylene, which would have the catalyst inherently adhere to). Fontecave p. 7 ll. 26-34, p. 17 ll. 13-19, claim 2.
Alternatively, Fontecave needs some way to treat with polytetrafluoroethylene.
Berlinguette teaches that an electrocatalyst ink comprising a dispersion of the catalyst and PTFE may be sprayed for application. Berlinguette [0097], [0104].
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s cell by applying a catalyst ink comprising catalyst and PTFE for the predictable result of applying the catalyst and PTFE.
Because the applicant’s invention also uses spraying an ink to achieve the adherence and because the prior art teaches this also, the prior art would also inherently teach adherence. See App. Spec. p. 6 ll. 1-12.
13. The electrochemical cell according to claim 1, wherein the gas diffusion layer has an electro-active side comprising … a back side, wherein the gas supply is directed to the back side of the gas diffusion layer (the side of the cathode with catalyst is exposed to the carbon dioxide). Fontecave p. 4 ll. 16-32, p. 20 l. 25 – p. 21 l. 14.
Fontecave is silent on the gas diffusion layer has an electro-active side comprising the molecular catalyst.
However, the catalyst must be applied somehow.
Berlinguette teaches that an electrocatalyst ink comprising a dispersion of the catalyst and PTFE may be sprayed for application. Berlinguette [0097], [0104].
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s cell by applying a catalyst ink comprising catalyst and PTFE for the predictable result of applying the catalyst and PTFE.
Because the applicant’s invention also uses spraying an ink to achieve application of the catalyst, thus the prior art’s spraying would also inherently achieve having the gas diffusion layer comprise the catalyst. See App. Spec. p. 6 ll. 1-12.
15. The electrochemical cell according to claim 1, wherein the molecular catalyst of the gas diffusion electrode is arranged in direct contact with the ion-exchange membrane (rejected for similar reasons stated in the claim 1 rejection).
16. The electrochemical cell according to claim 15, wherein the ion-exchange membrane is a bipolar membrane comprising a cation-exchange membrane and an anion-exchange membrane; wherein the molecular catalyst is arranged in direct contact with the cation-exchange membrane and the anode is arranged in direct contact with the anion-exchange membrane. Fontecave is silent on this.
However, Fontecave needs some kind of bipolar membrane composition and membrane/catalyst/anode arrangement.
Berlinguette teaches that a bipolar membrane comprises anion exchange layer and a cation exchange layer. Berlinguette [0042], figs. 3-3A. Berlinguette teaches that having the catalyst 161A touch the cation exchange layer and having the anode touch the anion exchange layer is a suitable arrangement for carbon dioxide reduction. Berlinguette abstract, [0066], figs. 3-3A.
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s cell with Berlinguette’s bipolar membrane comprising anion and cation exchange layers and arranging the catalyst to contact the cation exchange layer and having the anode touch the anion exchange layer is a suitable arrangement for carbon dioxide reduction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hosung Chung whose telephone number is (571) 270-7578. The examiner can normally be reached Monday-Wednesday, 9 AM - 6 PM CT.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lin can be reached on (571) 272-8902. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/HOSUNG CHUNG/Primary Examiner, Art Unit 1794
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