DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
In response to the amendment received 02/25/2026, the following have been withdrawn from the previous office action:
35 U.S.C. 102 rejections of claims 1-2 and 10-12
35 U.S.C. 103 rejections of claims 3-5 and 13-17
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2, 7-13, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20170170451A1, hereafter Englert, in view of ALIZA KHURRAM et al., Tailoring the Discharge Reaction in Li-CO2 Batteries through Incorporation of CO2 Capture Chemistry, Joule 2, pp. 2649–2666, December 19, 2018, Elsevier Inc. (supplied by applicant), hereafter Khurram.
Regarding claim 1, Englert discloses a battery cell (1) (Fig 1, [0069] metal-air battery 1) comprising:
an anode (11) (Fig 1, [0070] anode 11);
an electrolyte material surrounding the anode (11), the electrolyte material comprising a solvent (Fig 1, [0071] electrolyte path 17 surrounds anode 11; [0100] electrolyte is aqueous acid or aqueous alkaline solution);
a cathode (7) surrounding the electrolyte (Fig 1, [0069] hollow cylindrical cathode 7 surrounds electrolyte flow path 17);
a shell (3) surrounding the cathode (7) (Fig 1, [0069] cylindrical shell 3), the shell (3) including a gas inlet (15) and a gas outlet (16) ([0071] with air inlet 15 and air outlet 16); and
a gas flow path (14) extending helically ([0046] air flow is configured helically) from the gas inlet (15) to the gas outlet (16), the gas flow path (14) being formed between the shell (3) and the cathode (7) (Fig 1, [0071] air path 14 fluidically connecting air inlet 15 of housing 2 to air outlet 16).
Englert is silent on wherein the cathode is made of carbon.
In the analogous art of metal gas batteries, Khurram discloses wherein the cathode is made of carbon (page 2657, last paragraph, hollow carbon cathode).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Englert to use a cathode made of carbon as disclosed by Khurram in order to reduce material costs, and further as a selection of a known material based on its suitability for the intended use (MPEP 2144.07).
Regarding claim 2, Englert discloses wherein the cathode (7) is a substantially cylindrical tube (Fig 1, [0069] hollow cylindrical cathode 7).
Regarding claim 7, Englert is silent on wherein the anode is made of lithium.
In the analogous art of metal gas batteries, Khurram discloses wherein the anode is made of lithium (page 2657, last paragraph, Li anode).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Englert to use an anode made of lithium as disclosed by Khurram as a selection of a known material based on its suitability for the intended use (MPEP 2144.07).
Regarding claim 8, Englert is silent on wherein the electrolyte includes an amine dissolved in the solvent.
Khurram discloses wherein the electrolyte includes an amine dissolved in a battery solvent (page 2664, conclusion, alkyl amine in nonaqueous electrolyte).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Englert to use an electrolyte made of an alkyl amine in a nonaqueous solvent as disclosed by Khurram as a selection of a known material based on its suitability for the intended use (MPEP 2144.07).
Regarding claim 9, Khurram further discloses wherein the electrolyte includes a salt (page 2664, conclusion, Li+ containing salt).
Regarding claim 10, Englert discloses a battery system (57) comprising:
a base including a gas feed chamber ([0094] common air delivery device 20 utilized for a plurality of batteries); and
a plurality of battery cells (1) (Fig 1, [0069] metal-air battery 1; [0094] at least two metal-air batteries) connected to the base, each battery cell (1) including:
an anode (11) (Fig 1, [0070] anode 11);
an electrolyte material surrounding the anode (11), the electrolyte material comprising a solvent (Fig 1, [0071] electrolyte path 17 surrounds anode 11; [0100] electrolyte is aqueous acid or aqueous alkaline solution);
a cathode (7) surrounding the electrolyte (Fig 1, [0069] hollow cylindrical cathode 7 surrounds electrolyte flow path 17);
a shell (3) surrounding the cathode (7) (Fig 1, [0069] cylindrical shell 3), the shell (3) including a gas inlet (15) and a gas outlet (16) ([0071] with air inlet 15 and air outlet 16); and
a gas flow path (14) extending helically ([0046] air flow is configured helically) from the gas inlet (15) to the gas outlet (16), the gas flow path (14) being formed between the shell (3) and the cathode (7) (Fig 1, [0071] air path 14 fluidically connecting air inlet 15 of housing 2 to air outlet 16), the gas flow path being connected to the gas feed chamber ([0094] common air supply 20 supplies plurality of batteries 1 with air flow).
Englert is silent on wherein the cathode is made of carbon.
In the analogous art of metal gas batteries, Khurram discloses wherein the cathode is made of carbon (page 2657, last paragraph, hollow carbon cathode).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Englert to use a cathode made of carbon as disclosed by Khurram in order to reduce material costs, and further as a selection of a known material based on its suitability for the intended use (MPEP 2144.07).
Regarding claim 11, Englert discloses wherein an inlet feed pipe is connected to the gas feed chamber (Fig 2, fluidic connection between air supply device 20 and air inlet 15).
Regarding claim 12, Englert discloses wherein the inlet feed pipe is connected to the gas inlet of two battery cells (Fig 2, fluidic connection between air supply device 20 and air inlet 15; [0094] common air supply 20 supplies plurality of batteries 1 with air flow).
Regarding claim 13, Englert discloses the invention as stated above for claim 11.
Englert further discloses wherein the inlet feed pipe is connected to the gas inlet of at least two battery cells (([0094] common air supply 20 supplies plurality of batteries 1 with air flow)).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Englert to connect the inlet feed pipe to the gas inlets of four battery cells in order to make more efficient use of the air supply device by supplying air to more cells without needing an additional air supply device. Further, because Englert discloses the common use of the air supply to a plurality of cells, one skilled in the art would have found it obvious that a “plurality of batteries” is inclusive of four batteries.
Regarding claim 19, Englert is silent on wherein the electrolyte includes an amine dissolved in the solvent.
In the analogous art of metal gas batteries, Khurram discloses wherein the electrolyte includes an amine dissolved in a battery solvent (page 2664, conclusion, alkyl amine in nonaqueous electrolyte).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Englert to use an electrolyte made of an alkyl amine in a nonaqueous solvent as disclosed by Khurram in order to pre-activate CO2 through adduct formation, as suggested by Khurram (page 2664, conclusion), and further as a selection of a known material based on its suitability for the intended use (MPEP 2144.07).
Regarding claim 20, Khurram further discloses wherein the electrolyte includes a salt (page 2664, conclusion, Li+ containing salt).
Claim(s) 3-4, 17, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20170170451A1, hereafter Englert, in view of ALIZA KHURRAM et al., Tailoring the Discharge Reaction in Li-CO2 Batteries through Incorporation of CO2 Capture Chemistry, Joule 2, pp. 2649–2666, December 19, 2018, Elsevier Inc. (supplied by applicant), hereafter Khurram, as stated above for claims 1 and 10, and further in view of Published Application US20050000621A1, hereafter Devoe.
Regarding claim 3, Englert discloses wherein a rib (37) projects outwardly from an outer surface of the anode (11), the rib extending helically from a first end to a second end of the anode (11) (Fig 1, [0083] flow guiding structures are helical blades) configured to guide the electrolyte.
Englert further discloses the air flow is configured helically, as a result of which a prolonged dwell duration for the air flow within the air chamber materializes, and because of this, the transfer of oxygen between air flow and cathode is improved ([0046]).
Englert is silent on wherein the helical rib projects from the outer surface of the cathode.
In the analogous art of fuel cells, Devoe discloses wherein the helical rib (1b1) projects from the outer surface of the cathode (1c) (Fig 5a, [0085] single helical external wrapping 1b1 on surface of ceramic tube; [0083] wraps (referring to ceramic tubes) become the functional layers of cathode, electrolyte, and anode).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Englert to add a helical rib to the outside of the cathode as disclosed by Devoe in order to further guide the flow of gas helically around the surface of the cathode as the helical blades do for the electrolyte around the anode in Englert to further improve the dwell duration of the air flow within the air chamber, and further improve the transfer of oxygen between air flow and cathode, as suggested by Englert.
Regarding claim 4, modified Englert further discloses wherein the gas flow path (14) is defined by the outer surface of the cathode (7), the rib and the inner surface of the shell (3) (Englert, Fig 1 helical rib (from Fig 5a of Devoe) is on outer surface of cathode, air chamber is between cathode and shell).
Regarding claim 17, Englert discloses wherein a rib (37) projects outwardly from an outer surface of the anode (11), the rib extending helically from a first end to a second end of the anode (11) (Fig 1, [0083] flow guiding structures are helical blades) configured to guide the electrolyte, and the gas flow path (14) being defined by the outer surface of the cathode (7) and the inner surface of the shell (3) (Fig 1).
Englert further discloses the air flow is configured helically, as a result of which a prolonged dwell duration for the air flow within the air chamber materializes, and because of this, the transfer of oxygen between air flow and cathode is improved ([0046]).
Englert is silent on wherein the helical rib projects from the outer surface of the cathode, and the gas flow path being defined by the outer surface of the cath.
In the analogous art of fuel cells, Devoe discloses wherein the helical rib (1b1) projects from the outer surface of the cathode (1c) (Fig 5a, [0085] single helical external wrapping 1b1 on surface of ceramic tube; [0083] wraps (referring to ceramic tubes) become the functional layers of cathode, electrolyte, and anode).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Englert to add a helical rib to the outside of the cathode as disclosed by Devoe in order to further guide the flow of gas helically around the surface of the cathode as the helical blades do for the electrolyte around the anode in Englert to further improve the dwell duration of the air flow within the air chamber, and further improve the transfer of oxygen between air flow and cathode, as suggested by Englert.
Regarding claim 21, Englert discloses a battery system (57) comprising:
a base including a gas feed chamber ([0094] common air delivery device 20 utilized for a plurality of batteries); and
a plurality of battery cells (1) (Fig 1, [0069] metal-air battery 1; [0094] at least two metal-air batteries) connected to the base, each battery cell (1) including:
an anode (11) (Fig 1, [0070] anode 11);
an electrolyte material surrounding the anode (11) (Fig 1, [0071] electrolyte path 17 surrounds anode 11);
a cathode (7) surrounding the electrolyte (Fig 1, [0069] hollow cylindrical cathode 7 surrounds electrolyte flow path 17);
a shell (3) surrounding the cathode (7) (Fig 1, [0069] cylindrical shell 3), the shell (3) including a gas inlet (15) and a gas outlet (16) ([0071] with air inlet 15 and air outlet 16); and
a gas flow path (14) extending helically ([0046] air flow is configured helically) from the gas inlet (15) to the gas outlet (16), the gas flow path (14) being formed between the shell (3) and the cathode (7) (Fig 1, [0071] air path 14 fluidically connecting air inlet 15 of housing 2 to air outlet 16), the gas flow path being connected to the gas feed chamber ([0094] common air supply 20 supplies plurality of batteries 1 with air flow).
Englert is silent on wherein the helical rib projects from the outer surface of the cathode, and the gas flow path being formed by the at least one rib between the shell and the cathode.
In the analogous art of fuel cells, Devoe discloses wherein the helical rib (1b1) projects from the outer surface of the cathode (1c) (Fig 5a, [0085] single helical external wrapping 1b1 on surface of ceramic tube; [0083] wraps (referring to ceramic tubes) become the functional layers of cathode, electrolyte, and anode).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Englert to add a helical rib to the outside of the cathode as disclosed by Devoe in order to further guide the flow of gas helically around the surface of the cathode as the helical blades do for the electrolyte around the anode in Englert to further improve the dwell duration of the air flow within the air chamber, and further improve the transfer of oxygen between air flow and cathode, as suggested by Englert.
Modified Englert further discloses wherein the gas flow path (14) is defined by the outer surface of the cathode (7), the rib and the inner surface of the shell (3) (Englert, Fig 1 helical rib (from Fig 5a of Devoe) is on outer surface of cathode, air chamber is between cathode and shell)
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20170170451A1, hereafter Englert, as stated above for claim 1, and further in view of Published Application US20200411932A1, hereafter Weber.
Regarding claim 5, Englert is silent on wherein the shell is made of aluminum.
In the analogous art of metal gas batteries, Weber discloses wherein the shell is made of aluminum ([0115] housing 170 is made from anodized aluminum).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Englert to use a housing made of aluminum as disclosed by Weber in order to impart high thermal conductivity to the housing resulting in improved thermal management, and further as a selection of a known material based on its suitability for the intended use (MPEP 2144.07).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20170170451A1, hereafter Englert, in view of ALIZA KHURRAM et al., Tailoring the Discharge Reaction in Li-CO2 Batteries through Incorporation of CO2 Capture Chemistry, Joule 2, pp. 2649–2666, December 19, 2018, Elsevier Inc. (supplied by applicant), hereafter Khurram, as stated above for claim 10, and further in view of Published Application US20140318106A1, hereafter Mizuno.
Regarding claim 14, Englert is silent on wherein the gas feed chamber is connected to an exhaust pipe of a vehicle to supply carbon dioxide to the gas feed chamber.
In the analogous art of metal-gas batteries, Mizuno discloses wherein the gas feed chamber is connected to an exhaust pipe of a vehicle to supply carbon dioxide to the gas feed chamber ([0010], [0032], Fig 3, exhaust gas from engine 42 of vehicle is sent via exhaust conduit to metal-gas batteries 48).
It would have been obvious to one of ordinary skill in the art, to modify the invention of Englert to be used with exhaust gas of a vehicle combustion engine through connection to the exhaust pipe in order to improve the energy efficiency of the vehicle by converting the exhaust gas to energy.
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20170170451A1, hereafter Englert, in view of ALIZA KHURRAM et al., Tailoring the Discharge Reaction in Li-CO2 Batteries through Incorporation of CO2 Capture Chemistry, Joule 2, pp. 2649–2666, December 19, 2018, Elsevier Inc. (supplied by applicant), hereafter Khurram, as stated above for claim 10, and further in view of Foreign Publication WO2016087194A2, hereafter Graefenstein (used attached machine translation).
Regarding claim 15, Englert is silent on wherein a first tank is connected to the gas feed chamber to supply gas to the gas feed chamber.
In the analogous art of metal-gas batteries, Graefenstein discloses wherein a first tank is connected to the gas feed chamber to supply gas to the gas feed chamber ([0046] oxygen enriched exhaust air A produced by battery during charging can be stored in a pressure tank to feed back to battery when it is discharged).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Englert to use a pressure tank to store gas that has been produced by the battery during charging as disclosed by Graefenstein, in order to feed the gas as fuel back to the battery during discharging, as suggested by Graefenstein.
Regarding claim 16, Englert is silent on wherein a second tank is connected to the gas outlets of the plurality of battery cells.
In the analogous art of metal-gas batteries, Graefenstein discloses wherein a second tank is connected to the gas outlet of the battery cell ([0046] oxygen enriched exhaust air A produced by battery during charging can be stored in a pressure tank to feed back to battery when it is discharged).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Englert to use a pressure tank to store gas that has been produced by the battery during charging as disclosed by Graefenstein, in order to feed the gas as fuel back to the battery during discharging, as suggested by Graefenstein.
Response to Arguments
Applicant's arguments filed 02/25/2026 have been fully considered but they are not persuasive.
In response to applicant's argument regarding claims 3-4 and 17 on page 6 of applicant's remarks that Devoe fails to teach or suggest a cathode made of carbon or an electrolyte material comprising a solvent, the examiner agrees, and notes one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, Devoe was relied upon for the helical rib outside the cathode (Fig 5a), as stated in the rejection, while Khurram was relied upon for the carbon cathode (page 2657, last paragraph), and the electrolyte material comprising a solvent is provided in Englert ([0100]), as stated in the rejection.
In response to applicant's argument regarding claims 1 and 10 on page 8 of applicant's remarks that it would not have been obvious to modify Englert with the carbon cathode material of Khurram because this would change the principle of operation of Englert, the examiner disagrees, and notes the lack of supporting evidence for this assertion. As stated in the rejection, this modification of Englert's known cathode to select Khurram's known carbon cathode material is an obvious selection of a known material based on its suitability for the intended purpose (MPEP 2144.07), and one of ordinary skill in the art would have expected the carbon cathode material of Khurram to still perform as a cathode material when employed as the cathode material of Englert.
In response to applicant's argument regarding claims 1 and 10 on page 8 of applicant's remarks that Englert does not suggest providing an electrolyte material between its cathode an anode, the examiner notes that the electrolyte is disclosed in Englert to be an aqueous acid or an aqueous alkaline solution ([0100]), and these necessarily include solvents, as stated in the rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY HEMINGWAY whose telephone number is (571)272-0235. The examiner can normally be reached M-Th 6-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T.G.H./Examiner, Art Unit 1754
/SEYED MASOUD MALEKZADEH/Primary Examiner, Art Unit 1754