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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election of claims 59, 60, 63, 66, 67, and 69 in the reply filed on March 30, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 50-58, 61, 62, 64, 65, and 68 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on March 30, 2026.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 60 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 60 recites the limitation "said metal" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 59, which claim 60 depends upon, recites the limitation “a metal ion” in line 3. It is unclear whether the limitation of claim 60 refers to the limitation of claim 59, or a different “metal”. For examination purposes the examiner has interpreted the “said metal” of claim 60 as the “a metal ion” of claim 59.
Claim Rejections - 35 USC § 102
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 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.
Claims 59 and 60 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Satheeshkumar et al. (RSC Advances 2015, provided by Applicant in IDS filed December 24, 2024, hereinafter “Satheeshkumar”). In addition, page 3 of Kepp (Inorganic Chemistry 2016, provided by Applicant in IDS filed December 24, 2024) is relied upon to provide oxophilicities of metals.
Regarding claim 59, Satheeshkumar discloses a polymeric ion conductor (page 1, abstract, conducting polymers) comprising a polymeric backbone which comprises a plurality of backbone units (page 1, abstract, bithiophenes), a metal ligand attached to at least a portion of said backbone units (page 4, col. 1 and Scheme 1, NHC complexes), and a metal ion attached to said metal ligand (page 4, col. 1 and Scheme 1, coinage metals) wherein said metal ligand comprises at least one N-heterocyclic carbene moiety represented by general Formula I: wherein: the dashed line indicates an unsaturated bond; n is 0; Y is -NR14-; Z is -CR1R2-; R1, R3, and R15 are absent, R5 is an aryl linking moiety; R2 and R4 are both hydrogen, R13 is absent, and R14 is an aryl linking moiety; R6-R11 are absent; the curved line represents an attachment point to the metal ion, wherein R5 and R14 are said linking moiety linking the heterocyclic moiety to a backbone unit of said polymeric backbone (page 4, col. 1 and Scheme 1, NHC complexes).
Regarding claim 60, Satheeshkumar discloses the limitations of claim 59. Satheeshkumar further discloses wherein said metal features an oxophilicity lower than 0.4 when calculated according to metal-oxygen bond enthalpy (Satheeshkumar page 1 abstract, coinage metals Cu, Ag, and Au, which have oxophilicities of 0.2, 0.2, and 0.0, respectively, from Kepp).
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.
Claims 63, 66, 67, and 69 are rejected under 35 U.S.C. 103 as being unpatentable over Satheeshkumar (RSC Advances 2015) in view of Yan et al. (US 2020/0308341 A1, hereinafter “Yan”).
Regarding claim 63, Satheeshkumar discloses the limitations of claim 59. Satheeshkumar discloses that NHC-coinage metal complexes have impressive structural modularity and stability (page 1, introduction). Satheeshkumar does not disclose an anion conducting composition comprising the polymeric ion conductor of claim 59 and a cyclic moiety associated therewith.
Yan discloses an anion conducting composition comprising a polymeric ion conductor and a cyclic moiety associated therewith ([0027], [0106], [0150]-[0151] and corresponding formulae on pages 3, 6, and 13, crown ethers in polymers). In addition, Yan further discloses that poly(aryl-crown ether-alkylene) polymers with pendant cationic groups with an alkaline-stable cation such as imidazolium exhibit enhanced performance and durability at relatively high temperatures (abstract and [0090]).
Satheeshkumar and Yan are considered to be analogous to the claimed invention because they are in the same field of polymeric ion conductors. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the conducting polymer of Satheeshkumar with the teachings of Yan by known methods to yield the predictable result of a stable anion conducting composition, and one of ordinary skill in the art would have a reasonable expectation of success in doing so (see MPEP § 2143(I)(A)).
Regarding claim 66, Satheeshkumar discloses the limitations of claim 59. Satheeshkumar does not disclose an anion exchange membrane comprising the polymeric ion conductor of claim 59.
Yan further discloses an anion exchange membrane comprising a polymeric ion conductor ([0073], anion exchange membrane comprising anion exchange polymer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the conducting polymer of Satheeshkumar with the teachings of Yan by known methods to yield the predictable result of a stable anion exchange membrane, and one of ordinary skill in the art would have a reasonable expectation of success in doing so (see MPEP § 2143(I)(A)).
Regarding claim 67, modified Satheeshkumar discloses the limitations of claim 66. Satheeshkumar does not disclose wherein said polymeric ion conductor has a cyclic moiety associated therewith.
Yan discloses a polymeric ion conductor having a cyclic moiety associated therewith ([0027], [0106], [0150]-[0151] and corresponding formulae on pages 3, 6, and 13, crown ethers in polymers).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the anion exchange membrane of modified Satheeshkumar with the teachings of Yan, and one of ordinary skill in the art would have a reasonable expectation of success in doing so. Doing so would result in an anion exchange membrane with enhanced performance and durability (Yan abstract and [0090]).
Regarding claim 69, modified Satheeshkumar discloses the limitations of claim 66. Satheeshkumar does not disclose an electrochemical system comprising the anion exchange membrane of claim 66.
Yan discloses an electrochemical system comprising the anion exchange membrane of claim 66 ([0073]-[0074], anion exchange membrane suitable for use in a fuel cell).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the anion exchange membrane of modified Satheeshkumar with the teachings of Yan by known methods to yield the predictable result of a fuel cell with the anion exchange membrane, and one of ordinary skill in the art would have a reasonable expectation of success in doing so (see MPEP § 2143(I)(A)).
Claims 59, 60, 63, 66, 67, and 69 are rejected under 35 U.S.C. 103 as being unpatentable over Yan (US 2020/0308341 A1) in view of Satheeshkumar (RSC Advances 2015). In addition, page 3 of Kepp (Inorganic Chemistry 2016, provided by Applicant in IDS filed December 24, 2024) is relied upon to provide oxophilicities of metals.
Regarding claim 59, Yan discloses a polymeric ion conductor (abstract, poly(aryl-crown ether-alkylene) polymers with pendant cationic groups) comprising a co- polymeric backbone which comprises a plurality of backbone units ([0025]-[0028], polymer with corresponding monomer mixture that may include crown ethers). Yan further discloses pendant cationic groups with an alkaline-stable cation such as imidazolium that exhibit enhanced performance and durability at relatively high temperatures (abstract and [0090]).
Yan does not disclose a metal ligand attached to at least a portion of said backbone units, and a metal ion attached to said metal ligand, wherein said metal ligand comprises at least one N-heterocyclic carbene moiety represented by general Formula I: wherein: the dashed line indicates an optional unsaturated bond; X is -CR6R7-CR8R9 - and/or -CR10=CR11-; n is 0, 1 or 2, representing the number of X; Y is -CR12R13-, -NR14-, -S-, -O-, or absent; Z is -CR1R2-, -NR15-, -S-, -O-, or absent; R1, R3, R5 and R15 are each independently selected from the group consisting of hydrogen, alkyl, alkenyl, alkynyl, cycloalkyl, aryl, heteroaryl, cycloalkyl, heteroalicyclic, halo, hydroxy, alkoxy, aryloxy, thiohydroxy, thioalkoxy, thioaryloxy, sulfonyl, sulfonate, sulfate, cyano, nitro, azide, phosphonyl, phosphinyl, carbonyl, thiocarbonyl, a urea group, a thiourea group, O-carbamyl, N-carbamyl, O- thiocarbamyl, N-thiocarbamyl, S-thiocarbamyl, C-amido, N-amido, C-carboxy, O- carboxy, sulfonamido, guanyl, guanidinyl, hydrazine, hydrazide, thiohydrazide, and amino, or is absent in case the atom substituted thereby is linked to an adjacent atom via a double bond, or, alternatively, one of R1, R3, R5 and R15 is a linking moiety or a bond linking the heterocyclic moiety to a backbone unit of said polymeric backbone; R2, R4, R12, R13 and R14 are each independently selected from the group consisting of hydrogen, alkyl, alkenyl, alkynyl, cycloalkyl, aryl, heteroaryl, cycloalkyl, heteroalicyclic, halo, hydroxy, alkoxy, aryloxy, thiohydroxy, thioalkoxy, thioaryloxy, sulfonyl, sulfonate, sulfate, cyano, nitro, azide, phosphonyl, phosphinyl, carbonyl, thiocarbonyl, a urea group, a thiourea group, O-carbamyl, N-carbamyl, O- thiocarbamyl, N-thiocarbamyl, S-thiocarbamyl, C-amido, N-amido, C-carboxy, O-carboxy, sulfonamido, guanyl, guanidinyl, hydrazine, hydrazide, thiohydrazide, and amino, or alternatively, one of R2, R4, R12, R13 and R14 is a linking moiety or a bond linking the heterocyclic moiety to a backbone unit of said polymeric backbone; R6, R7, R8, R9, R10 and R11 are each independently selected from the group consisting of hydrogen, alkyl, alkenyl, alkynyl, cycloalkyl, aryl, heteroaryl, cycloalkyl, heteroalicyclic, halo, hydroxy, alkoxy, aryloxy, thiohydroxy, thioalkoxy, thioaryloxy, sulfonyl, sulfonate, sulfate, cyano, nitro, azide, phosphonyl, phosphinyl, carbonyl, thiocarbonyl, a urea group, a thiourea group, O-carbamyl, N-carbamyl, O- thiocarbamyl, N-thiocarbamyl, S-thiocarbamyl, C-amido, N-amido, C-carboxy, O- carboxy, sulfonamido, guanyl, guanidinyl, hydrazine, hydrazide, thiohydrazide, and amino, or, alternatively, one of R6, R7, R8, R9, R10 and R11 is a linking moiety or a bond linking the heterocyclic moiety to a backbone unit of said polymeric backbone; and the curved line represents an attachment point to the metal ion, wherein at least two of R1-R15 may form a cyclic or heterocyclic ring, and wherein at least one of R1-R15 is said linking moiety or said bond linking the heterocyclic moiety to a backbone unit of said polymeric backbone.
Satheeshkumar discloses a metal ligand attached to at least a portion of said backbone units (page 4, col. 1 and Scheme 1, NHC complexes), and a metal ion attached to said metal ligand (page 4, col. 1 and Scheme 1, coinage metals) wherein said metal ligand comprises at least one N-heterocyclic carbene moiety represented by general Formula I: wherein: the dashed line indicates an unsaturated bond; n is 0; Y is -NR14-; Z is CR1R2; R1, R3, and R15 are absent, R5 is an aryl; R2 and R4 are both hydrogen, R13 is absent, and R14 is an aryl; R6-R11 are absent; the curved line represents an attachment point to the metal ion, wherein R5 and R14 are said linking moiety or said bond linking the heterocyclic moiety to a backbone unit of said polymeric backbone (page 4, col. 1 and Scheme 1, NHC complexes).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the imidazolium group tethered to the poly(aryl-crown ether-alkylene) of Yan with the metal ligand and metal ion of Satheeshkumar to yield the predictable result of a polymeric ion conductor with a stable cationic pendant group, and one of ordinary skill in the art would have a reasonable expectation of success in doing so (see MPEP § 2143(I)(B)). In addition, doing so would provide a pendant group with structural modularity and stability (Satheeshkumar page 1, introduction).
Regarding claim 60, modified Yan discloses the limitations of claim 59. Modified Yan further discloses wherein said metal features an oxophilicity lower than 0.4 when calculated according to metal-oxygen bond enthalpy (Satheeshkumar page 1 abstract, coinage metals Cu, Ag, and Au, which have oxophilicities of 0.2, 0.2, and 0.0, respectively, from Kepp).
Regarding claim 63, modified Yan discloses the limitations of claim 59. Yan further discloses an anion conducting composition comprising the polymeric ion conductor of claim 59 and a cyclic moiety associated therewith ([0027], [0106], [0150]-[0151] and corresponding formulae on pages 3, 6, and 13, crown ethers).
Regarding claim 66, modified Yan discloses the limitations of claim 59. Yan further discloses an anion exchange membrane comprising the polymeric ion conductor of claim 59 ([0073], anion exchange membrane comprising anion exchange polymer).
Regarding claim 67, modified Yan discloses the limitations of claim 66. Yan further discloses wherein said polymeric ion conductor has a cyclic moiety associated therewith ([0027], [0106], [0150]-[0151] and corresponding formulae on pages 3, 6, and 13, crown ethers).
Regarding claim 69, modified Yan discloses the limitations of claim 66. Yan further discloses an electrochemical system comprising the anion exchange membrane of claim 66 ([0073]-[0074], anion exchange membrane suitable for use in a fuel cell.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jackie Liang whose telephone number is (571)-272-0880. The examiner can normally be reached M-F 8:30AM - 4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T. Barton can be reached at (571)-272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.L./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 11 May 2026
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