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 .
Election/Restrictions
Applicant’s election without traverse of Group I (Claim 1, terphenyl as the elected Aryl structure) in the reply filed on 5/29/26 is acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/20/23 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Drawings
The drawings were received on 10/20/23. These drawings are acceptable.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by NPL, “Poly(Alkyl-Terphenyl Piperidinium) Ionomers and Membranes with an Outstanding Alkaline-Membrane Fuel-Cell Performance of 2.58 W cm⁻²,” by Nanjun Chen et al. (Chen).
As to Claim 1: Chen discloses a poly(alkyl-aryl piperidinium) polymer ionomer class (Chen, Pg. 1, Abstract; Pg. 8, Keywords); Chen discloses a unified copolymer molecular layout containing a repeating unit represented by <Chemical Formula 1> (Chen, Pg. 2, Fig. 1); Chen discloses that Aryl is selected from terphenyls, explicitly teaching the polycondensation of para-terphenyl or meta-terphenyl co-monomers to build the rigid block segments of the polymer backbone (Chen, Pg. 2, Fig. 1); Chen discloses a structural arrangement featuring an integrated main-chain diphenylalkane segment connected via a Cₙ alkylene block where n = 2, specifically demonstrating a flexible diphenylethane backbone bridge (Chen, Pg. 2, Fig. 1); Chen discloses structural configurations where continuous linear alkylene chains tether the active piperidinium cationic clusters (Chen, Pg. 2, Fig. 1); and Chen discloses specific copolymer structural variations designated as PDTP-25, PDTP-50, and PDTP-75 where x and y represent relative block mole fractions (%) in the repeating unit, satisfying the criteria where x > 0, y > 0, and x + y = 100 (Chen, Pg. 2, Fig. 1).
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over US 20190036143 A1 (US’143) in view of NPL, “Poly(aryl piperidinium) membranes and ionomers for hydroxide exchange membrane fuel cells”, by Wang et al., (Wang) and WO 2019068051 A2 (WO’051).
As to Claim 1: US’143 discloses a baseline poly(aryl piperidinium) polymer ionomer platform free of ether linkages for use as an anion exchange membrane (US’143, Abstract, [0003], [0046], [0055]); US’143 discloses a structural core parallel to Chemical Formula 1 wherein a central saturated cyclic piperidinium ring is coupled directly into aromatic main-chain rings as a reaction product via superacid-catalyzed polyhydroxyalkylation (US’143, [0009]–[0019], [0047]–[0055], [0062]–[0068], [0088]–[0101]); US’143 discloses that the Aryl block can be restricted to terphenyl isomers, explicitly teaching that the aryl linkages of the poly(aryl piperidinium) backbone can be derived from para-terphenyl monomers (US’143, [0050], [0058]–[0065], [0098]–[0101]); and US’143 discloses a copolymer composition balance wherein the sum of the mole fractions of the structural units is determined by the starting monomer feed, satisfying a balanced dual-block proportional framework (US’143, [0019]–[0024], [0055], [0088], [0092], [0098]–[0101]).
However, US’143 does not explicitly disclose the exact molecular connectivity of Chemical Formula 1 featuring a flexible diphenylalkane segment connected via a Cₙ alkylene block (n = 1 to 10) dynamically integrated inside the continuous main backbone chain alongside the terphenyl Aryl segment.
Wang and WO’051 disclose advanced modifications to the poly(aryl piperidinium) architecture to optimize performance and tune physical characteristics. Specifically, Wang discloses introducing flexible structural components, adjusting monomer feed ratios, and managing polymer molecular weight to lower water uptake and balance the tradeoff between high hydroxide conductivity and dimensional stability (Wang, Pg. 3–6, 11–13). Similarly, WO’051 discloses modifying the rigid poly(aryl piperidinium) framework by introducing flexible aliphatic spacer chains, multi-cation tethers, and alkylene links to fine-tune the mechanical properties, tensile strength, and elongation at break of the resulting membrane (WO’051, Abstract, [0052]–[0067], [0076]–[0087], [0131]–[0146]).
US’143, Wang, and WO’051 are analogous arts because they all belong to the same specific technical field of polymer chemistry, focus on the synthesis of ether-free poly(arylene piperidinium) baseline platforms, and target the development of chemically stable, ionically conductive, and mechanically robust anion exchange polyelectrolytes for alkaline fuel cell applications (US’143, Abstract, [0003], [0046]; Wang, Pg. 1–4; WO’051, Abstract, [0002], [0052]).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to modify the rigid, fully polycyclic aromatic backbone of US’143 by incorporating a flexible, alkylene-bridged diphenylalkane segment into the main chain as suggested by the flexible aliphatic spacer and chain engineering taught in Wang and WO’051 in order to optimize nanophase separation channels, increase mechanical flexibility, and successfully control the water uptake and dimensional swelling of the resulting polyelectrolyte membrane (US’143, [0006]–[0008], [0025]–[0028], [0055]–[0068]; Wang, Pg. 3–6, 11–13; WO’051, [0005]–[0007], [0052]–[0067], [0076]–[0087], [0137]–[0146]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY K VO whose telephone number is (571)272-3242. The examiner can normally be reached Monday - Friday, 8 am to 6 pm EST.
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/JIMMY VO/
Primary Examiner
Art Unit 1723
/JIMMY VO/Primary Examiner, Art Unit 1723
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