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 .
Claim Status
Claims 1-19 are currently pending.
Claims have been amened to conform with US practice.
Claim Interpretation
The phrase “wherein the one or more metals comprise 60-99.9 at. % X” and similar phrases herein indicate that 60-99.9% of the atoms in the one or more metals comprise X.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-9, 11-14, and 18-19 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Mulder et al. (US 10,297,890 B2).
As to claims 1-2. Mulder et al. discloses an energy apparatus (hybrid battery and electrolyser -title), the energy apparatus comprising one or more functional units (hybrid battery and electrolyser -title), each functional unit comprising:
a first cell, comprising a first cell electrode and one or more first cell openings for a first cell aqueous liquid and for a first cell gas, wherein the first cell electrode comprises an iron-based electrode (col. 3 lines 23-26);
a second cell, comprising a second cell electrode and one or more second cell openings for a second cell aqueous liquid and for a second cell gas, wherein the second cell electrode comprises one or more metals (col.3 lines 27-30), Mulder discloses the second electrode is nickel based (col. 3, line 30-31, col. 27 lines 36-40) such as LaNi5 wherein the one or more metals comprise 60-99.9 at. % nickel,(the atomic percent of Nickel in LaNi5 is 83% (col. 27 lines 36-40, applies to claim 2);
a separator, wherein the first cell and the second cell share the separator, wherein the separator is configured to block transport of one or more of O2 and H2 from one cell to another while having permeability for at least one or more of hydroxide ions (OH−) monovalent sodium (Na+), monovalent lithium (Li+) and monovalent potassium (K+) (col.3 lines 32-38);
wherein the energy apparatus further comprises: a charge control unit configured for applying a potential difference between the first cell electrode and the second cell electrode (col. 3 lines 58-64).
As to claim 3. The energy apparatus according to claim 1, wherein the energy apparatus has an electrical energy storage functionality and an electrolysis functionality, and wherein during at least part of a charging time the potential difference is more than 1.37 V (col. 10 lines 45-46), and
wherein during at least part of a hydrogen generation time the potential difference is selected from the range of 1.37-3.0 V (col. 22, lines 32-35).
As to claim 4. The energy apparatus according to claim 1, wherein the one or more metals may further comprise a metal selected from the group comprising Al, (col. 8 lines 10-15)
As to claim 5. The energy apparatus according to claim 1, wherein the energy apparatus further comprises an aqueous liquid control system configured to control introduction of one or more of the first cell aqueous liquid and the second cell aqueous liquid into the functional unit (col. 3 lines 45-48).
As to claim 6. The energy apparatus according to claim 1, wherein the energy apparatus further comprises a storage system configured to store one or more of the first cell gas and the second cell gas external from said functional unit (col. 3 lines 49-51).
As to claim 7. The energy apparatus according to claim 6, wherein the energy apparatus further comprises a pressure system configured to control one or more of (a) the pressure of the first cell gas in the functional unit, (b) the pressure of the first cell gas in the storage system, (c) the pressure of the second cell gas in the functional unit, and (d) the pressure of the second cell gas in the storage system (col. 3 lines 52-57).
As to claim 8. The energy apparatus according to claim 1, wherein the energy apparatus further comprises a first electrical connection in electrical connection with the first cell electrode, a second electrical connection in electrical connection with the second cell electrode (col. 3 lines 39-42),
a first connector unit for functionally coupling to a receiver to be electrically powered and to the electrical connection, and a second connector unit for functionally connecting a device to be provided with one or more of the first cell gas and the second cell gas with the storage system (col. 3 lines 65- col 4 lines 3).
As to claim 9. Mulder et al. discloses the energy apparatus according to claim 1, wherein the energy apparatus comprises two or more first cell electrodes (100) and (b) two or more second cell electrodes (200) (figure 1c), wherein the energy apparatus further comprises an electrical element configured for applying one or more of (a) a first potential difference between the two or more first cell electrodes and (b) a second potential difference between the two or more second cell electrodes (Abstract).
As to claim 11. An energy system comprising the energy apparatus according to claim 1 and an external power source (col. 9, lines 55-57).
As to claim 12. A method of storing electrical energy and one or more of hydrogen (H2) and oxygen (O2) with the energy apparatus according to claim 6, the method comprising:
providing the first cell aqueous liquid, the second cell aqueous liquid, and electrical power from an external power source to the functional unit thereby providing an electrically charged functional unit and one or more of hydrogen (H.sub.2) and oxygen (O.sub.2) stored in the storage system (col. 13 lines 7-20).
As to claim 13. The method according to claim 12, wherein during at least part of a charging time the functional unit is charged at a potential difference between the first cell electrode and the second cell electrode of more than 1.37 V (col. 13 lines 20-23).
As to claim 14. Use of the energy apparatus according to claim 1 for providing one or more of electrical power, hydrogen (H.sub.2) and oxygen (O.sub.2) to a receiver (col. 14 lines 13-16).
As to claim 18. Mulder et al. discloses a method for assembling an energy apparatus according to claim 1, wherein the method comprises functionally coupling the functional unit and the charge control unit (col. 18 lines 32-37).
As to claim 19. Mulder et al. discloses use of the energy apparatus according to the energy system according to claim 11, for providing one or more of electrical power, hydrogen (H2) to a receiver/device (col. 58-65).
Claim Rejections - 35 USC § 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, 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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mulder et al. (US 10,297,890 B2) in view of Mulder et al. (US 2020/0028227 A1, hereinafter Mulder 2).
As to claim 10. Mulder et al. discloses the energy apparatus according to claim 9, but does not explicitly state wherein the electrical element is configured for applying a potential difference between a first subset of the two or more first cell electrodes and a second subset of the two or more first cell electrodes, wherein the first cell electrodes of the first subset comprise iron-based electrodes, and wherein the first cell electrodes of the second subset comprise either iron-based electrodes or hydrogen gas generating electrodes.
Mulder 2 discloses a hybrid battery and electrolyser (title) and teaches comprising at least a functional unit comprising two or more first cell electrodes, and wherein said electrical element is configured for applying a potential difference between a first subset of one or more first cell electrodes and a second subset of one or more first cell electrodes.(claim 2 of Mulder 2) and he first cell electrodes of the first subset comprise iron based electrodes, and wherein the first cell electrodes of the second subset comprise hydrogen gas generating electrodes.(claim 4 of Mulder 2) and also [0029] This allows for a subset may e.g. be optimized to charge the apparatus and another subset may be optimized for H2 generation [0029].
Therefore it would have been obvious to one of ordinary skill in the art at the time the application was filed to have the first subset of the first cells be iron based and the second subset of the first cell be hydrogen gas generating electrode because this would allow the subsets to be optimized for charge apparatus and the other subset to be optimized for H2 generation.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 1-9, 11-14, and 18-19 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 4, 6, 10, 11, 14-19 of U.S. Patent No. US 10,297,890B2 in view of Mulder et al. (US 2020/0028227 A1, hereinafter Mulder 2).
Mulder discloses An energy apparatus having an electrical energy storage functionality and an electrolysis functionality, the system comprising a functional unit, the functional unit comprising: a first cell, comprising a first cell electrode and one or more first cell openings for a first cell aqueous liquid and for a first cell gas, wherein the first electrode comprises an iron based electrode; a second cell, comprising a second cell electrode and one or more second cell openings for a second cell aqueous liquid and for a second cell gas, wherein the second electrode comprises a nickel based electrode; a separator, wherein the first cell and the second cell share the separator, wherein the separator is configured to block transport of one or more of O.sub.2 and H.sub.2 from one cell to another while having permeability for at least one or more of hydroxide ions (OH.sup.−) monovalent sodium (Na.sup.+), monovalent lithium (Li.sup.+) and monovalent potassium (K.sup.+); a first electrical connection in electrical connection with the first cell electrode, and a second electrical connection in electrical connection with the second cell electrode; the energy apparatus further comprising: an aqueous liquid control system configured to control introduction of one or more of the first cell aqueous liquid and the second cell aqueous liquid into the functional unit; a storage system configured to store one or more of the first cell gas and the second cell gas external from said functional unit; a pressure system configured to control one or more of (a) the pressure of the first cell gas in the functional unit, (b) the pressure of the first cell gas in the storage system, (c) the pressure of the second cell gas in the functional unit, and (d) the pressure of the second cell gas in the storage system; a charge control unit configured to receive electrical power from an external electrical power source and configured to provide said electrical power to said functional unit during at least part of a charging time at a potential difference between the first cell electrode and the second cell electrode of more than 1.37 V; a first connector unit for functionally coupling to a receiver to be electrically powered and the electrical connection, and a second connector unit for functionally connecting a device to be provided with one or more of the first cell gas and the second cell gas with said storage system; and a control system configured to control the aqueous liquid control system, the storage system, the pressure system, and the charge control unit.
But not the one or more metals comprise 60-99.9 at. % nickel.
Mulder2 discloses a hybrid battery and electrolyser and teaches a material for the electrode can be LaNi5 which is 83% Nickel.
It would have been obvious to one of ordinary skill in the art to use the LaNi5 as it is a known electrode material for a hybrid battery and electrolyser.
Allowable Subject Matter
Claims 15-17 are allowed.
The following is an examiner’s statement of reasons for allowance: The closest prior art of record Mulder et al. (as is discussed above) discloses a hybrid battery electrolyser with an electrode either being iron based, nickel based or iron-nickel based as is discussed above but does not disclose the electrode material as the electrode material comprises one or more metals, wherein the one or more metals comprise 17-23 at. % iron, and at least 70 at. % nickel, wherein the electrode comprises α-Ni(OH).sub.2 with a rhombohedral structure, and wherein the electrode material comprises ≥5 wt. % intercalated water, wherein the electrode comprises 0.5-10 vol. % of a conductive additive selected from the group comprising stainless steel fiber, nickel fiber, carbon fiber, atomized nickel, and stainless steel particles.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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/Maria Laios/ Primary Examiner, Art Unit 1727