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 .
Preliminary Amendments
Applicant’s preliminary amendment filed on July 13, 2023 is acknowledged. Claims 1-19 are currently pending.
Claim Objections
Claim(s) 1, 6-7, and 11 is/are objected to because of the following informalities:
Claim 1, line 11: “at a second temperature T2 a calcinating time t2” should be “at a second temperature T2 for a calcinating time t2”
Claim 6, line 3: “amphiphile block copolymer” should be “amphiphilic block copolymer”
Claim 7, line 2: “amphiphile block copolymer” should be “amphiphilic block copolymer”
Claim 7: the abbreviation “PPG-PEO-PPG” should be “PPO-PEO-PPO”
Claim 11, line 2: “the solvent is one water, a C1-C4 alcohol” should be “the solvent is selected from water, a C1-C4 alcohol”
Appropriate correction is required.
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(s) 12 and 19 is/are 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 pre-AIA the applicant regards as the invention.
Claims 12 and 19 recite the limitation "nano-structured mesoporous” catalyst coating, which is unclear what scale is the pores of the catalyst coating because “nano” and “meso” are within two different length scale, as evidenced by NIST slides (slide 16). The specification discloses nano-structuring is understood to refer to the structuring of a solid body on an atomic level (¶50). The scale of atomic level is typically below 1 nm, considered smaller than nano-scale or on the lower end of the nano-scale, which deviated from meso-scale. Applicant is requested to clarify the recited scales.
Dependent claim(s) 13-14 is/are rejected based on rejected claim 12.
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 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.
Claim(s) 1, 3-5, and 8-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jung (US 2019/0211464), supported by Ansari (S.M. Ansari, Effect of Oleylamine on the Surface Chemistry, Morphology, Electronic Structure, and Magnetic Properties of Cobalt Ferrite Nanoparticles, Nano materials, 2022(12), 3015, pp. 1-19) as an evidence.
Regarding claim 1, Jung teaches a method for producing a catalyst-coated three-dimensionally structured electrode (¶49: a preparation method of an electrode) comprising the following steps:
a) making available a three-dimensionally structured metal substrate (¶51: a metal substrate; ¶43: the metal substrate is a porous substrate such as a mesh; thus the metal substrate is three-dimensionally structured);
b) producing a suspension comprising a template, a metal precursor and a solvent (¶50: preparing a coating solution containing a platinum group metal precursor, a rare earth metal precursor, an organic solvent, and an amine based solvent; ¶87: the amine-based solvent is oleylamine as the template);
c) applying the suspension to the three-dimensionally structured metal substrate, so that a suspension film forms on the three-dimensionally structured metal substrate (¶51: applying the coating solution on the metal substrate to form a catalyst layer);
d) drying the suspension film on the three-dimensionally structured metal substrate at a temperature T1, (¶52: drying the catalyst layer; ¶87: dried at 200 ⁰C), so that the solvent within the suspension film evaporates and a layer of a catalyst pre-stage with integrated template structures is obtained (as evidenced by Ansari, the breakdown temperature of oleylamine (OLA) is 350 ⁰C (p. 10, last para.), so it will stay in the catalyst layer during drying at 200 ⁰C); and
e) thermally treating the three-dimensionally structured metal substrate, comprising the catalyst pre-stages (¶53: heat-treating the catalyst layer), at a second temperature T2 a calcinating time t2 (¶87: heat-treated at 500 ⁰C for 10 minutes), so that a mesoporous catalyst coating forms (as evidenced by Ansari, the breakdown temperature of oleylamine (OLA) is 350 ⁰C (p. 10, last para.), and it completely decomposed temperature is around 400 ⁰C as shown in Fig. 7 (p. 11), thus the catalyst coating layer would be mesoporous after the decomposition of oleylamine).
Regarding claim 3, Jung teaches wherein the three-dimensionally structured metal substrate in the applying step includes a mesh (¶43: the metal substrate is a porous substrate such as a mesh).
Regarding claim 4, Jung teaches wherein the temperature T2 is in a range between 200 ⁰C and 1000 ⁰C, and that the calcinating time t2 is in a range between 1 minute and 1440 minutes (¶87: heat-treated at 500 ⁰C for 10 minutes).
Regarding claim 5, Jung teaches wherein the temperature T1 ranges from 18 ⁰C and 250 ⁰C (¶87: dried at 200 ⁰C).
Regarding claim 8, Jung teaches wherein the meal precursor comprises one of a metal salt, several metal salts of respectively different metals, or their hydrates (¶87: RuCl3.nH2O and Ce(NO3)2).
Regarding claim 9, Jung teaches wherein the metal salts is metal nitrate (¶87: Ce(NO3)2).
Regarding claim 10 and 17, Jung teaches wherein the metal precursor selected from transition metals (claim 10) that is ruthenium (claim 17) (¶87: RuCl3.nH2O).
Regarding claim 11, Jung teaches wherein the solvent is a C1-C4 alcohol (¶67: the alcohol-based solvent is a C1 alcohol).
Regarding claim 12, Jung teaches an electrode for an electrochemical cell (¶2: an electrode for electrolysis), comprising: a three-dimensionally structured metal substrate (¶51: a metal substrate; ¶43: the metal substrate is a porous substrate such as a mesh; thus the metal substrate is three-dimensionally structured) and a nano-structured mesoporous catalyst coating thereon (as described in claim 1, e.g., ¶87; here, since the heat-treated process is carried out at 500 ⁰C, which would completely decompose oleylamine, and thus the electrode coating would be a nano-structured mesoporous).
Further, Examiner notes that Jung and the instant inventions use the similar components, i.e., a coating solution comprising metal precursors, organic solvent, and template (Jung, ¶87: oleylamine as the template; Spec. PGpub ¶54: the template comprises surfactants; here, oleylamine is a surfactant) under the similar process of drying and thermally treating (Jung, ¶87: dried at 200 ⁰C for 10 minutes and heat-treated at 500 ⁰C for 10 minutes; Spec. ¶71: drying at a temperature from 18 ⁰C to 250⁰C; ¶63: heating at a temperature ranging from 200 ⁰C to 1000 ⁰C for from 1 minute to 1440 minutes; ¶65: the calcination is for the thermal decomposition of the template). As evidenced by Ansari, oleylamine would be completely decomposed at 400 ⁰C (Ansari, Fig. 7), so oleylamine would be removed in Jung’s catalyst layer during the heat-treatment, and thus result in the similar nano-structured mesoporous coating layer.
Regarding claim 13, Jung teaches wherein the three-dimensionally structured metal substrate comprises a mesh (¶43: the metal substrate is a porous substrate such as a mesh).
Regarding claim 14, Jung teaches an electrochemical cell including an electrode (¶2: an electrode for electrolysis; here an electrochemical cell is necessary to perform electrolysis) according to the claim 12 (as described in claim 12).
Regarding claim 15, Jung teaches wherein the temperature T2 is in a range between 300 ⁰C and 800 ⁰C (¶87: heat-treated at 500 ⁰C).
Regarding claim 16, Jung teaches wherein the calcinating time t2 is in a range between 10 minute and 120 minutes (¶87: heat-treated for 10 minutes).
Regarding claim 18, Jung teaches wherein the solvent is a mixture of at least two of methanol, ethanol, formamide and tetrahydrofuran (¶66: the organic solvent can be an alcohol-based solvent, a glycol ether-based solvent, or a combination thereof; ¶67: the alcohol-based solvent is methanol; ¶68: the glycol ether-based solvent is 2-ethyoxyethanol).
Regarding claim 19, Jung teaches an electrode (¶2: an electrode for electrolysis) comprising a three-dimensionally structured metal substrate (¶51: a metal substrate; ¶43: the metal substrate is a porous substrate such as a mesh; thus the metal substrate is three-dimensionally structured) and a nano-structured mesoporous catalyst coating (¶87; here, since the heat-treated process is carried out at 500 ⁰C, which would completely decompose oleylamine, and thus the electrode coating would be a nano-structured mesoporous), wherein the electrode is produced according to the method of claim 1 (as described in claim 1).
Further, the designation “according to the method of claim 1” is product-by-process limitation. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). MPEP 2113(I).
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung in view of Mizuta (US 6,183,554).
Regarding claim 2, Jung discloses all limitations of claim 1. Jung further discloses the coating solution was brush-coated on the metal mesh as the applying step (¶87), but fails to teach wherein the applying step includes using an immersion coating technique to apply the suspension.
However, Mizuta teaches an applying step of coating solution can be carried out by known methods, such as by immersion, spraying, brush coating or spin coating (col. 2, ll. 61-65).
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 Jung by substituting brush-coating by immersion coating as taught by Mizuta because both coating steps are well-known in the art and the substitution of one known element for another would yield nothing more than predictable results. MPEP 2141(III)(B).
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung in view of Uensal (US 2012/0094210).
Regarding claims 6-7, Jung discloses all limitations of claim 1, but fails to teach wherein the suspension comprises at least one amphiphile block copolymer (claim 6) or the at least one amphiphile block copolymer is poly styrene block poly(4 vinyl pyridine (PS-P4VP) (claim 7).
However, Uensal teaches catalyst ink for an electrode comprising a liquid medium and polymer particles ([Abstract]). Suitable polymers of the polymer particles are selected from the group consisting of polystyrene (PS), polyvinylpyridine (PVP) (¶30). Examiner notes that PS is hydrophobic and PVP is hydrophilic. Uensal teaches the polymers can be used individually or as a mixture, i.e., blend (¶36). In an example of the polymer (polyazoles), Uensal discloses the polymer may be in the form of a copolymer or a blend, and the block copolymer can be deblock or triblock (¶47).
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 Jung by incorporating a polymer into the suspension as taught by Uensal because the catalyst ink including the polymer particles are suitable for producing electrodes, membrane-electrode assemblies and also fuel cells for use at high temperature with increased three-phase interfacial area (¶9). Here, the combination of Jung and Uensal would motivate one of ordinary skill in the art to use am amphiphilic diblock copolymer, including a hydrophilic PVP block and hydrophobic PS block, as suggested by Uensal. Here, the claimed limitations are obvious because all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results. MPEP 2143(I)(A).
Conclusion
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/C. SUN/Primary Examiner, Art Unit 1795