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 .
Response to Amendment
Applicant’s amendment has been entered. Claims 1-2, 4-14, and 21-26 are pending. Claims 2, and 15-20 are canceled. Amendment has overcome the rejection of claim 24 under 35 USC 112(b). Claiming “the cobalt metal slurry comprises cobalt metal and cobalt oxide” in independent claim 1 has overcome the rejections of claim 1 and claims depending thereon under 35 USC 103.
Claim Interpretation
The limitation “the frozen slurry” in claim 1 line 6 will be interpreted as the slurry wherein cobalt metal particles of the slurry are coupled to ice crystals introduced in claim 1 lines 4-5 as a slurry wherein cobalt metal particles of the slurry are coupled to ice crystals is a frozen slurry.
The limitation “their places” in claim 1 line 7 will be interpreted as referring to the locations of the pores as “their places” immediately follows “pores” within claim 1.
The limitation the porous green-body recited in claim 1 line 8 will be interpreted as the green-body with directional pores introduced in claim 1 line 6 because a green-body with pores is porous.
The limitation “the frozen slurry” in claim 11 line 6 will be interpreted as the slurry wherein cobalt oxide particles of the slurry are coupled to ice crystals introduced in claim 11 lines 4-5 as a slurry wherein cobalt metal particles of the slurry are coupled to ice crystals is a frozen slurry.
The limitation “their places” in claim 11 line 7 will be interpreted as referring to the locations of the pores as “their places” immediately follows “pores” within claim 11.
The limitation the porous green-body recited in claim 11 line 8 will be interpreted as the green-body with directional pores introduced in claim 11 line 7 because a green-body with pores is porous.
The limitation “the frozen slurry” in claim 25 lines 6-7 will be interpreted as the slurry wherein cobalt oxide particles of the slurry are coupled to ice crystals introduced in claim 25 lines 5-6 as a slurry wherein cobalt metal particles of the slurry are coupled to ice crystals is a frozen slurry.
The limitation “their places” in claim 25 line 8 will be interpreted as referring to the locations of the pores as “their places” immediately follows “pores” within claim 25.
The limitation the porous green-body recited in claim 25 line 9 will be interpreted as the green-body with directional pores introduced in claim 25 line 7 because a green-body with pores is porous.
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.
Claims 23 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.
Regarding claim 23, considering how the specification as filed appears to encompass any temperature or duration when numerical values are modified by “about” (see the rejections of originally presented claims 2, 8-10, and 13 under 35 USC 112(b) in the office action mailed May 22, 2024), it is not clear if or to what range “a Coulombic efficiency of about 99.8 percent charge after a thirtieth cycle”, particularly in view of the specification, is intended to encompass beyond the recited numerical value.
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(s) 11, and 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho (US20140004441), in view of Choe (KR 101410061 B1), Kim (Kim, Yun Kyoung, Seung I. Cha, and Soon Hyung Hong. "Nanoporous cobalt foam and a Co/Co (OH) 2 core–shell structure for electrochemical applications." Journal of Materials Chemistry A 1.34 (2013): 9802-9808) and Landin (US6410160). Cho is cited in the 4-page IDS filed May 9, 2023, and Choe is cited in the 6-page IDS filed May 9, 2023. Choe, Kim, and Landin are cited in prior office action(s). References to Choe are directed to the newly-supplied English language translation.
Regarding claim 11, Cho discloses a method [0002], [0017], [0058]. Cho discloses pouring a slurry comprising metal particles on a copper rod under liquid nitrogen [0022], [0065]. Cho discloses that the metal particles of the slurry may comprise cobalt [0018], [0032]; therefore, Cho discloses pouring a cobalt metal slurry into some area comprising a copper rod placed into liquid nitrogen [0018], [0022], [0032]. Cho discloses freezing the metal slurry [0023], [0058], wherein metal particles of the slurry are coupled to ice crystals [0023], [0058], [0067]. Cho discloses forming a green-body with directional pores by drying the frozen slurry at a temperature at or below freezing, leaving pores in their places with physical attachment [0024], [0058], [0068]. Cho discloses constructing a porous metal foam by sintering the porous green-body at a sintering temperature [0025], [0058], [0069]. Cho discloses that the ice templating process comprises actively cooling [0058] and that the sintering process is conducted at high temperatures in a furnace [0025], [0058], [0069], [0075] thereby strongly suggesting that sintering requires actively heating. As the temperature for forming the green body disclosed by Cho results from cooling [0023], [0058], and the temperature for sintering disclosed by Cho results from heating [0025], [0058], the temperature for sintering disclosed by Cho [0025], [0058], [0069] is higher than the temperature for forming the green body disclosed by Cho [0024], [0058].
Cho discloses that forming the green body comprises pouring the slurry directly on the copper rod [0058], [0078], thereby suggesting that the green-body is shaped on the copper rod, but Cho does not disclose providing a mold on the copper rod and pouring the metal slurry in the mold.
Choe teaches a method of manufacturing an inorganic (TiO2) foam material [0027]. Choe teaches mixing inorganic powder, water, binder, and dispersant [0029-30], [0038-39]. A mixture of powder, water, binder, and dispersant would necessarily form a slurry to some extent. Choe shows a mold on a copper rod (Figure 4a); Choe teaches cooling the copper rod with liquid nitrogen ([0058], Fig. 4a), and Choe teaches pouring the slurry in the mold [0058]. Choe teaches freezing the slurry [0030], [0039], [0058], and drying the slurry at a temperature below the freezing point of water to remove ice [0031], [0040], [0058]. Choe teaches sintering the dried slurry to form a foam [0032], [0041], [0058].
Both Cho and Choe teach substantially similar process for forming inorganic foams comprising steps of freeze-casting, drying ice, and sintering.
It would have been obvious for one of ordinary skill in the art at the time of filing to provide a mold on the copper rod and pour the metal slurry in the mold in the process disclosed by Cho because Choe shows (Figure 4, [0058]) that a mold on a coper rod is effective for shaping a slurry comprising inorganic material in an overall process of forming a sintered inorganic foam comprising steps of freezing and drying [0029-32], [0038-41]. The slurry disclosed by Cho must necessarily be shaped somehow, and in view of Choe’s teachings ([0029-32], [0038-41], [0058], Figure 4a) a mold on a copper rod cooled by liquid nitrogen would be predicted to effectively shape the slurry in freezing when applied to the process disclosed by Cho.
Cho discloses producing a cobalt metal slurry [0018], [0022], [0032]. Cho does not disclose producing a cobalt oxide slurry, and Cho does not disclose reducing the dried green body.
Kim teaches a method for preparing porous cobalt foam, which Kim forms into an electrode (page 9802 right column). Kim teaches preparing a precursor by sintering a cobalt oxide (Co3O4) and carbon nanotube mixture (sections 2.1 and 2.2 pages 9802-9803). Kim teaches that the carbon nanotubes are consumed during the consolidation, and that the consolidated foam maintains the network structure of the carbon nanotubes (page 9804 left column first full paragraph, page 9805 left column), thereby teaching that the carbon nanotubes act as a template for the foam structure. Kim teaches reducing the consolidated compact to metallic cobalt (page 9802 right column, section 2.2 page 9803 left column). Kim teaches that the cobalt oxide reacts to form the cobalt structure (page 9804 left column first full paragraph). Kim teaches that cobalt oxide is an attractive material for forming foam electrodes (page 9802 left column) and that when reduced to metallic cobalt, the foam maintains the conductivity of cobalt (page 9802 right column, section 3.2 page 9805 left column, section 4 page 9807).
Both Cho and Kim teach producing metallic foams comprising a step of sintering. Cho discloses an electrode as an intended use of the disclosed foam [0013], and Cho discloses that the freeze casting process is open to ceramics as slurry components [0058].
It would have been obvious for one of ordinary skill in the art at the time of filing to supply the cobalt in the process disclosed by Cho in view of Choe as a cobalt oxide (Co3O4),thereby providing the cobalt slurry poured into the mold as a cobalt oxide slurry, because Kim teaches cobalt oxide as an effective starting material in a process to form a structured, porous, metallic foam (sections 2.1-2.3 pages 9802-9803), and as attractive for electrode production (page 9802 right column). In order to achieve the conductivity of the metallic cobalt, it would have been obvious for one of ordinary skill in the art at the time of filing to reduce the metallic foam formed from the cobalt oxide, as taught by Kim (section 2.2 page 9803 left column, page 9804 left column first full paragraph). As the provided slurry in the process disclosed by Cho in view of Choe and Kim is a cobalt oxide slurry, the ice templating taught by Cho [0023-24], [0058], [0067-68] results in pouring a cobalt oxide slurry in the mold; freezing the cobalt oxide slurry, wherein cobalt oxide particles of the slurry are coupled to ice crystals.
Kim teaches a reducing nitrogen (N2) atmosphere (section 1 page 9802 last paragraph, section 2.2 page 9803 left column). Cho in view of Choe and Kim does not disclose reducing under an atmosphere comprising hydrogen.
Landin teaches a process of making porous metal materials (column 1 lines 15-18). Landin teaches forming a green part of the metal oxide, sintering the green part, and chemically reducing the sintered green part to a metallic form (column 2 lines 20-26). Landin teaches that the green-body is formed by shaping oxide particulates (column 3 lines 4-6). Landin teaches cobalt oxide as material for the green part (column 6 lines 61-66). Landin teaches that the reducing is typically conducted under hydrogen gas and that the atmosphere may comprise nitrogen or argon or that the reducing step may be conducted under vacuum (column 4 lines 36-42, column 9 lines 44-50). Landin exemplifies a reducing atmosphere of 10%hydrogen and 90% nitrogen (column 5 lines 3-44). Landin identifies an electrode as a possible intended use of the taught porous metallic material (column 4 lines 49-53).
Both Landin and Cho in view of Choe and Kim teach sintering cobalt oxide material and reducing to produce a porous cobalt material.
It would have been obvious for one of ordinary skill in the art at the time of filing to perform the reducing in the process disclosed by Cho in view of Choe and Kim applied above in an atmosphere comprising hydrogen because Landin establishes an atmosphere comprising hydrogen as typical for performing a step of reducing a metal oxide preform to a porous metal-containing structure (column 9 lines 44-50) which may be used as an electrode (column 4 lines 49-53). As Landin establishes a hydrogen-containing atmosphere as typical for reducing metal oxide networks to metal (column 9 lines 44-50), application of a hydrogen-containing atmosphere to the reducing step disclosed by Cho in view of Choe and Kim would predictably promote the reduction of the cobalt oxide network disclosed by Cho in view of Choe and Kim, applied above to metallic cobalt.
Cho discloses the slurry comprises pure water [0078], which is a species of deionized water. Cho further discloses a polyvinyl alcohol binder [0078]. Choe teaches that an inorganic foam formed by the freeze-casting and sintering process has a porosity of 50-99% [0050]. Considering the pores in the process disclosed by Cho in view of Choe, Kim, and Landin, applied above are formed by removal of ice which forms by freezing the slurry, and porosity is by definition, the fraction of volume which is not occupied, in view of Choe’s teaching of 50-99% porosity, one of ordinary skill in the art at the time of filing would expect the inorganic particles to occupy 1-50% (100% minus 50-99%) of the volume of the foam, and thereby 1-50% by volume of the frozen slurry from which ice is evaporated to produce the foam. The inorganic material, in the process disclosed by Cho in view of Choe, Kim and Landin, is cobalt oxide; therefore, one of ordinary skill in the art at the time of filing would expect a volume fraction of cobalt oxide in the slurry in the process disclosed by Cho in view of Choe, Kim, and Landin, applied above, to be 1-50% by volume(100% minus 50-99%). Choe teaches a binder content of 0.3-5.0% by weight [0046]. Choe teaches that a binder content outside the range of 0.3-5% by weight creates difficulties in forming an electrode from the foam [0046]. Choe exemplifies a poly vinyl alcohol binder [0058].
In view of Cho’s disclosure of pure water [0078], the porosity taught by Choe [0050], and the binder content taught by Choe [0046], and a binder of polyvinyl alcohol taught by Cho [0078] and Choe [0058], it would have been obvious for one of ordinary skill in the art at the time of filing to provide the cobalt oxide slurry in the process disclosed by Cho in view of Choe, Kim, and Landin as applied above with 1-50% by volume cobalt oxide 0.3-5.0% by weight polyvinyl alcohol binder and a slurry basis of pure water, which encompasses percentages recited in claim 11. When claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists, and generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. See MPEP 2144.05(I-II). The 30 milliliters recited in claim 11 is an extensive amount of solvent and is not recited in amounts relative to other extensive amounts of slurry components; therefore, specifying 30 mL of water only places limits on the size of the slurry and does not place limits on the intensive chemical composition of the slurry. One of ordinary skill in the art at the time of filing would have regarded an amount of 30 milliliters of water as an obvious scaling of the amount of solvent in order to attain a foam of a desired size. See MPEP 2144.04(IV)(A).
Regarding claim 24, as the green body in the process disclosed by Cho in view of Choe, Kim, and Landin applied above is formed of a slurry comprising cobalt oxide in view of Kim’s teaching of providing cobalt oxide feed material (sections 2.1-2.3 pages 9802-9803), the green body shaped of the cobalt oxide slurry in the process disclosed by Cho in view of Choe, Kim, and Landin comprises cobalt oxide. the cobalt oxide is reduced to cobalt in the process disclosed by Cho in view of Choe, Kim, and Landin, applied above, as taught by Kim (page 9802 right column, section 2.2 page 9803 left column). The reducing taught by Kim, applied above reduces some amount of cobalt oxide of the green body to metallic cobalt (Kim page 9802 right column, section 3.2 page 9805 left column, section 4 page 9807).
Regarding claim 25, Cho discloses a method [0002], [0017], [0058]. Cho discloses pouring a slurry comprising metal particles on a copper rod under liquid nitrogen [0022], [0065]. Cho discloses that the metal particles of the slurry may comprise cobalt [0018], [0032]; therefore, Cho discloses pouring a cobalt metal slurry into some area comprising a copper rod placed into liquid nitrogen [0018], [0022], [0032]. Cho discloses freezing the metal slurry [0023], [0058], wherein metal particles of the slurry are coupled to ice crystals [0023], [0058], [0067]. Cho discloses forming a green-body with directional pores by drying the frozen slurry at a temperature at or below freezing, leaving pores in their places with physical attachment [0024], [0058], [0068]. Cho discloses constructing a porous metal foam and sintering the porous green-body at a sintering temperature [0025], [0058], [0069]. Cho discloses that the ice templating process comprises actively cooling [0058] and that the sintering process is conducted at high temperatures in a furnace [0025], [0058], [0069], [0075] thereby strongly suggesting that sintering requires actively heating. As the temperature for forming the green body disclosed by Cho results from cooling [0023], [0058], and the temperature for sintering disclosed by Cho results from heating [0025], [0058], the temperature for sintering disclosed by Cho [0025], [0058], [0069] is higher than the temperature for forming the green body disclosed by Cho [0024], [0058].
Cho discloses that forming the green body comprises pouring the slurry directly on the copper rod [0058], [0078], thereby suggesting that the green-body is shaped on the copper rod, but Cho does not disclose providing a mold on the copper rod and pouring the metal slurry in the mold.
Choe teaches a method of manufacturing an inorganic (TiO2) foam material [0027]. Choe teaches mixing inorganic powder, water, binder, and dispersant [0029-30], [0038-39]. A mixture of powder, water, binder, and dispersant would necessarily form a slurry to some extent. Choe shows a mold on a copper rod (Figure 4a); Choe teaches cooling the copper rod with liquid nitrogen ([0058], Fig. 4a), and Choe teaches pouring the slurry in the mold [0058]. Choe teaches freezing the slurry [0030], [0039], [0058], and drying the slurry at a temperature below the freezing point of water to remove ice [0031], [0040], [0058]. Choe teaches sintering the dried slurry to form a foam [0032], [0041], [0058].
Both Cho and Choe teach substantially similar process for forming inorganic foams comprising steps of freeze-casting, drying ice, and sintering.
It would have been obvious for one of ordinary skill in the art at the time of filing to provide a mold on the copper rod and pour the metal slurry in the mold in the process disclosed by Cho because Choe shows (Figure 4, [0058]) that a mold on a coper rod is effective for shaping a slurry comprising inorganic material in an overall process of forming a sintered inorganic foam comprising steps of freezing and drying [0029-32], [0038-41]. The slurry disclosed by Cho must necessarily be shaped somehow, and in view of Choe’s teachings ([0029-32], [0038-41], [0058], Figure 4a) a mold on a copper rod cooled by liquid nitrogen would be predicted to effectively shape the slurry in freezing when applied to the process disclosed by Cho.
Cho discloses producing a cobalt metal slurry [0018], [0022], [0032]. Cho does not disclose producing a cobalt oxide slurry, and Cho does not disclose reducing the dried green body.
Kim teaches a method for preparing porous cobalt foam, which Kim forms into an electrode (page 9802 right column). Kim teaches preparing a precursor by sintering a cobalt oxide (Co3O4) and carbon nanotube mixture (sections 2.1 and 2.2 pages 9802-9803). Kim teaches that the carbon nanotubes are consumed during the consolidation, and that the consolidated foam maintains the network structure of the carbon nanotubes (page 9804 left column first full paragraph, page 9805 left column), thereby teaching that the carbon nanotubes act as a template for the foam structure. Kim teaches reducing the consolidated compact to metallic cobalt (page 9802 right column, section 2.2 page 9803 left column). Kim teaches that the cobalt oxide reacts to form the cobalt structure (page 9804 left column first full paragraph). Kim teaches that cobalt oxide is an attractive material for forming foam electrodes (page 9802 left column) and that when reduced to metallic cobalt, the foam maintains the conductivity of cobalt (page 9802 right column, section 3.2 page 9805 left column, section 4 page 9807).
Both Cho and Kim teach producing metallic foams comprising a step of sintering. Cho discloses an electrode as an intended use of the disclosed foam [0013], and Cho discloses that the freeze casting process is open to ceramics as slurry components [0058].
It would have been obvious for one of ordinary skill in the art at the time of filing to supply the cobalt in the process disclosed by Cho in view of Choe as a cobalt oxide (Co3O4),thereby providing the cobalt slurry poured into the mold as a cobalt oxide slurry, because Kim teaches cobalt oxide as an effective starting material in a process to form a structured, porous, metallic foam (sections 2.1-2.3 pages 9802-9803), and as attractive for electrode production (page 9802 right column). In order to achieve the conductivity of the metallic cobalt, it would have been obvious for one of ordinary skill in the art at the time of filing to reduce the metallic foam formed from the cobalt oxide, as taught by Kim (section 2.2 page 9803 left column, page 9804 left column first full paragraph). As the provided slurry in the process disclosed by Cho in view of Choe and Kim is a cobalt oxide slurry, the ice templating taught by Cho [0023-24], [0058], [0067-68] results in pouring a cobalt oxide slurry in the mold; freezing the cobalt oxide slurry, wherein cobalt oxide particles of the slurry are coupled to ice crystals. As the green body in the process disclosed by Cho in view of Choe and Kim applied above is formed of a slurry comprising cobalt oxide in view of Kim’s teaching of providing cobalt oxide feed material (sections 2.1-2.3 pages 9802-9803), the green body shaped of the cobalt oxide slurry in the process disclosed by Cho in view of Choe, and Kim comprises cobalt oxide. the cobalt oxide is reduced to cobalt in the process disclosed by Cho in view of Choe, and Kim, applied above, as taught by Kim (page 9802 right column, section 2.2 page 9803 left column). The reducing taught by Kim, applied above reduces some amount of cobalt oxide of the green body to metallic cobalt (Kim page 9802 right column, section 3.2 page 9805 left column, section 4 page 9807).
Kim teaches a reducing nitrogen (N2) atmosphere (section 1 page 9802 last paragraph, section 2.2 page 9803 left column). Cho in view of Choe and Kim does not disclose reducing under an atmosphere comprising hydrogen.
Landin teaches a process of making porous metal materials (column 1 lines 15-18). Landin teaches forming a green part of the metal oxide, sintering the green part, and chemically reducing the sintered green part to a metallic form (column 2 lines 20-26). Landin teaches that the green-body is formed by shaping oxide particulates (column 3 lines 4-6). Landin teaches cobalt oxide as material for the green part (column 6 lines 61-66). Landin teaches that the reducing is typically conducted under hydrogen gas and that the atmosphere may comprise nitrogen or argon or that the reducing step may be conducted under vacuum (column 4 lines 36-42, column 9 lines 44-50). Landin exemplifies a reducing atmosphere of 10%hydrogen and 90% nitrogen (column 5 lines 3-44). Landin identifies an electrode as a possible intended use of the taught porous metallic material (column 4 lines 49-53).
Both Landin and Cho in view of Choe and Kim teach sintering cobalt oxide material and reducing to produce a porous cobalt material.
It would have been obvious for one of ordinary skill in the art at the time of filing to perform the reducing in the process disclosed by Cho in view of Choe and Kim applied above in an atmosphere comprising hydrogen because Landin establishes an atmosphere comprising hydrogen as typical for performing a step of reducing a metal oxide preform to a porous metal-containing structure (column 9 lines 44-50) which may be used as an electrode (column 4 lines 49-53). As Landin establishes a hydrogen-containing atmosphere as typical for reducing metal oxide networks to metal (column 9 lines 44-50), application of a hydrogen-containing atmosphere to the reducing step disclosed by Cho in view of Choe and Kim would predictably promote the reduction of the cobalt oxide network disclosed by Cho in view of Choe and Kim, applied above to metallic cobalt.
Cho discloses the slurry comprises pure water [0078], which is a species of deionized water. Cho further discloses a polyvinyl alcohol binder [0078]. Choe teaches that an inorganic foam formed by the freeze-casting and sintering process has a porosity of 50-99% [0050]. Considering the pores in the process disclosed by Cho in view of Choe, Kim, and Landin, applied above are formed by removal of ice which forms by freezing the slurry, and porosity is by definition, the fraction of volume which is not occupied, in view of Choe’s teaching of 50-99% porosity, one of ordinary skill in the art at the time of filing would expect the inorganic particles to occupy 1-50% (100% minus 50-99%) of the volume of the foam, and thereby 1-50% by volume of the frozen slurry from which ice is evaporated to produce the foam. The inorganic material, in the process disclosed by Cho in view of Choe, Kim and Landin, is cobalt oxide; therefore, one of ordinary skill in the art at the time of filing would expect a volume fraction of cobalt oxide in the slurry in the process disclosed by Cho in view of Choe, Kim, and Landin, applied above, to be 1-50% by volume(100% minus 50-99%). Choe teaches a binder content of 0.3-5.0% by weight [0046]. Choe teaches that a binder content outside the range of 0.3-5% by weight creates difficulties in forming an electrode from the foam [0046]. Choe exemplifies a poly vinyl alcohol binder [0058].
In view of Cho’s disclosure of pure water [0078], the porosity taught by Choe [0050], and the binder content taught by Choe [0046], and a binder of polyvinyl alcohol taught by Cho [0078] and Choe [0058], it would have been obvious for one of ordinary skill in the art at the time of filing to provide the cobalt oxide slurry in the process disclosed by Cho in view of Choe, Kim, and Landin as applied above with 1-50% by volume cobalt oxide 0.3-5.0% by weight polyvinyl alcohol binder and a slurry basis of pure water, which encompasses percentages recited in claim 25. When claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists, and generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. See MPEP 2144.05(I-II).
Claim(s) 11 and 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho (US20140004441), in view of Choe (KR 101410061 B1), Kim (Kim, Yun Kyoung, Seung I. Cha, and Soon Hyung Hong. "Nanoporous cobalt foam and a Co/Co (OH) 2 core–shell structure for electrochemical applications." Journal of Materials Chemistry A 1.34 (2013): 9802-9808) and Shah (US20150035209). Shah is cited in prior office action(s).
Regarding claim 11, Cho discloses a method [0002], [0017], [0058]. Cho discloses pouring a slurry comprising metal particles on a copper rod under liquid nitrogen [0022], [0065]. Cho discloses that the metal particles of the slurry may comprise cobalt [0018], [0032]; therefore, Cho discloses pouring a cobalt metal slurry into some area comprising a copper rod placed into liquid nitrogen [0018], [0022], [0032]. Cho discloses freezing the metal slurry [0023], [0058], wherein metal particles of the slurry are coupled to ice crystals [0023], [0058], [0067]. Cho discloses forming a green-body with directional pores by drying the frozen slurry at a temperature at or below freezing, leaving pores in their places with physical attachment [0024], [0058], [0068]. Cho discloses constructing a porous metal foam by sintering the porous green-body at a sintering temperature [0025], [0058], [0069]. Cho discloses that the ice templating process comprises actively cooling [0058] and that the sintering process is conducted at high temperatures in a furnace [0025], [0058], [0069], [0075] thereby strongly suggesting that sintering requires actively heating. As the temperature for forming the green body disclosed by Cho results from cooling [0023], [0058], and the temperature for sintering disclosed by Cho results from heating [0025], [0058], the temperature for sintering disclosed by Cho [0025], [0058], [0069] is higher than the temperature for forming the green body disclosed by Cho [0024], [0058].
Cho discloses that forming the green body comprises pouring the slurry directly on the copper rod [0058], [0078], thereby suggesting that the green-body is shaped on the copper rod, but Cho does not disclose providing a mold on the copper rod and pouring the metal slurry in the mold.
Choe teaches a method of manufacturing an inorganic (TiO2) foam material [0027]. Choe teaches mixing inorganic powder, water, binder, and dispersant [0029-30], [0038-39]. A mixture of powder, water, binder, and dispersant would necessarily form a slurry to some extent. Choe shows a mold on a copper rod (Figure 4a); Choe teaches cooling the copper rod with liquid nitrogen ([0058], Fig. 4a), and Choe teaches pouring the slurry in the mold [0058]. Choe teaches freezing the slurry [0030], [0039], [0058], and drying the slurry at a temperature below the freezing point of water to remove ice [0031], [0040], [0058]. Choe teaches sintering the dried slurry to form a foam [0032], [0041], [0058].
Both Cho and Choe teach substantially similar process for forming inorganic foams comprising steps of freeze-casting, drying ice, and sintering.
It would have been obvious for one of ordinary skill in the art at the time of filing to provide a mold on the copper rod and pour the metal slurry in the mold in the process disclosed by Cho because Choe shows (Figure 4, [0058]) that a mold on a coper rod is effective for shaping a slurry comprising inorganic material in an overall process of forming a sintered inorganic foam comprising steps of freezing and drying [0029-32], [0038-41]. The slurry disclosed by Cho must necessarily be shaped somehow, and in view of Choe’s teachings ([0029-32], [0038-41], [0058], Figure 4a) a mold on a copper rod cooled by liquid nitrogen would be predicted to effectively shape the slurry in freezing when applied to the process disclosed by Cho.
Cho discloses producing a cobalt metal slurry [0018], [0022], [0032]. Cho does not disclose producing a cobalt oxide slurry, and Cho does not disclose reducing the dried green body.
Kim teaches a method for preparing porous cobalt foam, which Kim forms into an electrode (page 9802 right column). Kim teaches preparing a precursor by sintering a cobalt oxide (Co3O4) and carbon nanotube mixture (sections 2.1 and 2.2 pages 9802-9803). Kim teaches that the carbon nanotubes are consumed during the consolidation, and that the consolidated foam maintains the network structure of the carbon nanotubes (page 9804 left column first full paragraph, page 9805 left column), thereby teaching that the carbon nanotubes act as a template for the foam structure. Kim teaches reducing the consolidated compact to metallic cobalt (page 9802 right column, section 2.2 page 9803 left column). Kim teaches that the cobalt oxide reacts to form the cobalt structure (page 9804 left column first full paragraph). Kim teaches that cobalt oxide is an attractive material for forming foam electrodes (page 9802 left column) and that when reduced to metallic cobalt, the foam maintains the conductivity of cobalt (page 9802 right column, section 3.2 page 9805 left column, section 4 page 9807).
Both Cho and Kim teach producing metallic foams comprising a step of sintering. Cho discloses an electrode as an intended use of the disclosed foam [0013], and Cho discloses that the freeze casting process is open to ceramics as slurry components [0058].
It would have been obvious for one of ordinary skill in the art at the time of filing to supply the cobalt in the process disclosed by Cho in view of Choe as a cobalt oxide (Co3O4),thereby providing the cobalt slurry poured into the mold as a cobalt oxide slurry, because Kim teaches cobalt oxide as an effective starting material in a process to form a structured, porous, metallic foam (sections 2.1-2.3 pages 9802-9803), and as attractive for electrode production (page 9802 right column). In order to achieve the conductivity of the metallic cobalt, it would have been obvious for one of ordinary skill in the art at the time of filing to reduce the metallic foam formed from the cobalt oxide, as taught by Kim (section 2.2 page 9803 left column, page 9804 left column first full paragraph). As the provided slurry in the process disclosed by Cho in view of Choe and Kim is a cobalt oxide slurry, the ice templating taught by Cho [0023-24], [0058], [0067-68] results in pouring a cobalt oxide slurry in the mold; freezing the cobalt oxide slurry, wherein cobalt oxide particles of the slurry are coupled to ice crystals.
Kim teaches a reducing nitrogen (N2) atmosphere (section 1 page 9802 last paragraph, section 2.2 page 9803 left column). Cho in view of Choe and Kim does not disclose reducing under an atmosphere comprising hydrogen.
Shah teaches a process of making porous metal materials (abstract, [0003], [0007], [0008], [0035]). Shah teaches forming a green body formed by shaping a mixture comprising metal oxide particles (three-dimensional metal oxide object) [0003-04], [0019], [0021]. Shah teaches reducing and sintering the green body of metal oxide particles to produce the metal material [0003], [0007], [0019], [0032]. An embodiment of Shah supplies oxides of cobalt as the metal oxide particles [0021]. Shah teaches heating in a hydrogen (H2) atmosphere to promote reduction of metal oxide to metal in the reduction step [0007], [0013], [0032], [0035]. Shah teaches that the hydrogen atmosphere may comprise pure hydrogen or a mixture of hydrogen and an inert gas such as argon [0032].
Both Shah and Cho in view of Choe and Kim as applied above teach sintering cobalt oxide material and reducing to produce a porous cobalt material.
It would have been obvious for one of ordinary skill in the art at the time of filing to perform the reducing in the process disclosed by Cho in view of Choe and Kim as applied above in an atmosphere comprising hydrogen because Shah establishes an atmosphere comprising hydrogen as typical for performing a step of reducing a metal oxide preform to a porous metal-containing structure [0019], [0032]. As Shah establishes a hydrogen-containing atmosphere as suitable and effective for reducing metal oxide networks to metal [0019], [0032] application of a hydrogen-containing atmosphere to the reducing step disclosed by Cho in view of Choe and Kim as applied above would predictably promote the reduction of the cobalt oxide network disclosed by Cho in view of Choe and Kim, as applied above to metallic cobalt.
Cho discloses the slurry comprises pure water [0078], which is a species of deionized water. Cho further discloses a polyvinyl alcohol binder [0078]. Choe teaches that an inorganic foam formed by the freeze-casting and sintering process has a porosity of 50-99% [0050]. Considering the pores in the process disclosed by Cho in view of Choe, Kim, and Shah, applied above are formed by removal of ice which forms by freezing the slurry, and porosity is by definition, the fraction of volume which is not occupied, in view of Choe’s teaching of 50-99% porosity, one of ordinary skill in the art at the time of filing would expect the inorganic particles to occupy 1-50% (100% minus 50-99%) of the volume of the foam, and thereby 1-50% by volume of the frozen slurry from which ice is evaporated to produce the foam. The inorganic material in the process disclosed by Cho in view of Choe, Kim and Shah, applied above is cobalt oxide; therefore, one of ordinary skill in the art would expect a volume fraction of cobalt oxide in the slurry in the process disclosed by Cho in view of Choe, Kim, and Shah, applied above to be 1-50% by volume. Choe teaches a binder content of 0.3-5.0% by weight [0046]. Choe teaches that a binder content outside the range of 0.3-5% by weight creates difficulties in forming an electrode from the foam [0046]. Choe exemplifies a poly vinyl alcohol binder [0058].
In view of Cho’s disclosure of pure water [0078], the porosity taught by Choe [0050], and the binder content taught by Choe [0046], and a binder of polyvinyl alcohol taught by Cho [0078] and Choe [0058], it would have been obvious for one of ordinary skill in the art at the time of filing to provide the cobalt oxide slurry in the process disclosed by Cho in view of Choe, Kim, and Shah as applied above with 1-50% by volume cobalt oxide 0.3-5.0% by weight polyvinyl alcohol binder and a slurry basis of pure water, which encompasses percentages recited in claim 11. When claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists, and generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. See MPEP 2144.05(I-II). The 30 milliliters recited in claim 11 is an extensive amount of solvent and is not recited in amounts relative to other extensive amounts of slurry components; therefore, specifying 30 mL of water only places limits on the size of the slurry and does not place limits on the intensive chemical composition of the slurry. One of ordinary skill in the art at the time of filing would have regarded an amount of 30 milliliters of water as an obvious scaling of the amount of solvent in order to attain a foam of a desired size. See MPEP 2144.04(IV)(A).
Regarding claim 24, as the green body in the process disclosed by Cho in view of Choe, Kim, and Shah applied above is formed of a slurry comprising cobalt oxide in view of Kim’s teaching of providing cobalt oxide feed material (sections 2.1-2.3 pages 9802-9803), the green body shaped of the cobalt oxide slurry in the process disclosed by Cho in view of Choe, Kim, and Shah comprises cobalt oxide. the cobalt oxide is reduced to cobalt in the process disclosed by Cho in view of Choe, Kim, and Shah, applied above, as taught by Kim (page 9802 right column, section 2.2 page 9803 left column). The reducing taught by Kim, applied above reduces some amount of cobalt oxide of the green body to metallic cobalt (Kim page 9802 right column, section 3.2 page 9805 left column, section 4 page 9807).
Regarding claim 25, Cho discloses a method [0002], [0017], [0058]. Cho discloses pouring a slurry comprising metal particles on a copper rod under liquid nitrogen [0022], [0065]. Cho discloses that the metal particles of the slurry may comprise cobalt [0018], [0032]; therefore, Cho discloses pouring a cobalt metal slurry into some area comprising a copper rod placed into liquid nitrogen [0018], [0022], [0032]. Cho discloses freezing the metal slurry [0023], [0058], wherein metal particles of the slurry are coupled to ice crystals [0023], [0058], [0067]. Cho discloses forming a green-body with directional pores by drying the frozen slurry at a temperature at or below freezing, leaving pores in their places with physical attachment [0024], [0058], [0068]. Cho discloses constructing a porous metal foam and sintering the porous green-body at a sintering temperature [0025], [0058], [0069]. Cho discloses that the ice templating process comprises actively cooling [0058] and that the sintering process is conducted at high temperatures in a furnace [0025], [0058], [0069], [0075] thereby strongly suggesting that sintering requires actively heating. As the temperature for forming the green body disclosed by Cho results from cooling [0023], [0058], and the temperature for sintering disclosed by Cho results from heating [0025], [0058], the temperature for sintering disclosed by Cho [0025], [0058], [0069] is higher than the temperature for forming the green body disclosed by Cho [0024], [0058].
Cho discloses that forming the green body comprises pouring the slurry directly on the copper rod [0058], [0078], thereby suggesting that the green-body is shaped on the copper rod, but Cho does not disclose providing a mold on the copper rod and pouring the metal slurry in the mold.
Choe teaches a method of manufacturing an inorganic (TiO2) foam material [0027]. Choe teaches mixing inorganic powder, water, binder, and dispersant [0029-30], [0038-39]. A mixture of powder, water, binder, and dispersant would necessarily form a slurry to some extent. Choe shows a mold on a copper rod (Figure 4a); Choe teaches cooling the copper rod with liquid nitrogen ([0058], Fig. 4a), and Choe teaches pouring the slurry in the mold [0058]. Choe teaches freezing the slurry [0030], [0039], [0058], and drying the slurry at a temperature below the freezing point of water to remove ice [0031], [0040], [0058]. Choe teaches sintering the dried slurry to form a foam [0032], [0041], [0058].
Both Cho and Choe teach substantially similar process for forming inorganic foams comprising steps of freeze-casting, drying ice, and sintering.
It would have been obvious for one of ordinary skill in the art at the time of filing to provide a mold on the copper rod and pour the metal slurry in the mold in the process disclosed by Cho because Choe shows (Figure 4, [0058]) that a mold on a coper rod is effective for shaping a slurry comprising inorganic material in an overall process of forming a sintered inorganic foam comprising steps of freezing and drying [0029-32], [0038-41]. The slurry disclosed by Cho must necessarily be shaped somehow, and in view of Choe’s teachings ([0029-32], [0038-41], [0058], Figure 4a) a mold on a copper rod cooled by liquid nitrogen would be predicted to effectively shape the slurry in freezing when applied to the process disclosed by Cho.
Cho discloses producing a cobalt metal slurry [0018], [0022], [0032]. Cho does not disclose producing a cobalt oxide slurry, and Cho does not disclose reducing the dried green body.
Kim teaches a method for preparing porous cobalt foam, which Kim forms into an electrode (page 9802 right column). Kim teaches preparing a precursor by sintering a cobalt oxide (Co3O4) and carbon nanotube mixture (sections 2.1 and 2.2 pages 9802-9803). Kim teaches that the carbon nanotubes are consumed during the consolidation, and that the consolidated foam maintains the network structure of the carbon nanotubes (page 9804 left column first full paragraph, page 9805 left column), thereby teaching that the carbon nanotubes act as a template for the foam structure. Kim teaches reducing the consolidated compact to metallic cobalt (page 9802 right column, section 2.2 page 9803 left column). Kim teaches that the cobalt oxide reacts to form the cobalt structure (page 9804 left column first full paragraph). Kim teaches that cobalt oxide is an attractive material for forming foam electrodes (page 9802 left column) and that when reduced to metallic cobalt, the foam maintains the conductivity of cobalt (page 9802 right column, section 3.2 page 9805 left column, section 4 page 9807).
Both Cho and Kim teach producing metallic foams comprising a step of sintering. Cho discloses an electrode as an intended use of the disclosed foam [0013], and Cho discloses that the freeze casting process is open to ceramics as slurry components [0058].
It would have been obvious for one of ordinary skill in the art at the time of filing to supply the cobalt in the process disclosed by Cho in view of Choe as a cobalt oxide (Co3O4),thereby providing the cobalt slurry poured into the mold as a cobalt oxide slurry, because Kim teaches cobalt oxide as an effective starting material in a process to form a structured, porous, metallic foam (sections 2.1-2.3 pages 9802-9803), and as attractive for electrode production (page 9802 right column). In order to achieve the conductivity of the metallic cobalt, it would have been obvious for one of ordinary skill in the art at the time of filing to reduce the metallic foam formed from the cobalt oxide, as taught by Kim (section 2.2 page 9803 left column, page 9804 left column first full paragraph). As the provided slurry in the process disclosed by Cho in view of Choe and Kim is a cobalt oxide slurry, the ice templating taught by Cho [0023-24], [0058], [0067-68] results in pouring a cobalt oxide slurry in the mold; freezing the cobalt oxide slurry, wherein cobalt oxide particles of the slurry are coupled to ice crystals. As the green body in the process disclosed by Cho in view of Choe and Kim applied above is formed of a slurry comprising cobalt oxide in view of Kim’s teaching of providing cobalt oxide feed material (sections 2.1-2.3 pages 9802-9803), the green body shaped of the cobalt oxide slurry in the process disclosed by Cho in view of Choe, and Kim comprises cobalt oxide. the cobalt oxide is reduced to cobalt in the process disclosed by Cho in view of Choe, and Kim, applied above, as taught by Kim (page 9802 right column, section 2.2 page 9803 left column). The reducing taught by Kim, applied above reduces some amount of cobalt oxide of the green body to metallic cobalt (Kim page 9802 right column, section 3.2 page 9805 left column, section 4 page 9807).
Kim teaches a reducing nitrogen (N2) atmosphere (section 1 page 9802 last paragraph, section 2.2 page 9803 left column). Cho in view of Choe and Kim does not disclose reducing under an atmosphere comprising hydrogen.
Shah teaches a process of making porous metal materials (abstract, [0003], [0007], [0008], [0035]). Shah teaches forming a green body formed by shaping a mixture comprising metal oxide particles (three-dimensional metal oxide object) [0003-04], [0019], [0021]. Shah teaches reducing and sintering the green body of metal oxide particles to produce the metal material [0003], [0007], [0019], [0032]. An embodiment of Shah supplies oxides of cobalt as the metal oxide particles [0021]. Shah teaches heating in a hydrogen (H2) atmosphere to promote reduction of metal oxide to metal in the reduction step [0007], [0013], [0032], [0035]. Shah teaches that the hydrogen atmosphere may comprise pure hydrogen or a mixture of hydrogen and an inert gas such as argon [0032].
Both Shah and Cho in view of Choe and Kim as applied above teach sintering cobalt oxide material and reducing to produce a porous cobalt material.
It would have been obvious for one of ordinary skill in the art at the time of filing to perform the reducing in the process disclosed by Cho in view of Choe and Kim as applied above in an atmosphere comprising hydrogen because Shah establishes an atmosphere comprising hydrogen as typical for performing a step of reducing a metal oxide preform to a porous metal-containing structure [0019], [0032]. As Shah establishes a hydrogen-containing atmosphere as suitable and effective for reducing metal oxide networks to metal [0019], [0032] application of a hydrogen-containing atmosphere to the reducing step disclosed by Cho in view of Choe and Kim as applied above would predictably promote the reduction of the cobalt oxide network disclosed by Cho in view of Choe and Kim, as applied above to metallic cobalt.
Cho discloses the slurry comprises pure water [0078], which is a species of deionized water. Cho further discloses a polyvinyl alcohol binder [0078]. Choe teaches that an inorganic foam formed by the freeze-casting and sintering process has a porosity of 50-99% [0050]. Considering the pores in the process disclosed by Cho in view of Choe, Kim, and Shah, applied above are formed by removal of ice which forms by freezing the slurry, and porosity is by definition, the fraction of volume which is not occupied, in view of Choe’s teaching of 50-99% porosity, one of ordinary skill in the art at the time of filing would expect the inorganic particles to occupy 1-50% (100% minus 50-99%) of the volume of the foam, and thereby 1-50% by volume of the frozen slurry from which ice is evaporated to produce the foam. The inorganic material in the process disclosed by Cho in view of Choe, Kim and Shah, applied above is cobalt oxide; therefore, one of ordinary skill in the art would expect a volume fraction of cobalt oxide in the slurry in the process disclosed by Cho in view of Choe, Kim, and Shah, applied above to be 1-50% by volume. Choe teaches a binder content of 0.3-5.0% by weight [0046]. Choe teaches that a binder content outside the range of 0.3-5% by weight creates difficulties in forming an electrode from the foam [0046]. Choe exemplifies a poly vinyl alcohol binder [0058].
In view of Cho’s disclosure of pure water [0078], the porosity taught by Choe [0050], and the binder content taught by Choe [0046], and a binder of polyvinyl alcohol taught by Cho [0078] and Choe [0058], it would have been obvious for one of ordinary skill in the art at the time of filing to provide the cobalt oxide slurry in the process disclosed by Cho in view of Choe, Kim, and Shah as applied above with 1-50% by volume cobalt oxide 0.3-5.0% by weight polyvinyl alcohol binder and a slurry basis of pure water, which encompasses percentages recited in claim 25. When claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists, and generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. See MPEP 2144.05(I-II).
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Regarding rejection of claim 23 under 35 USC 112(b), applicant continues to argue: that Claim 23 is supported by at least figure 10, showing a graph of the cycle performance and Coulombic efficiency of the three-dimensional cobalt foam with an active oxide layer formed on its surface; that the graph shows results for 0 to 30 cycles versus percentage of Coulombic efficiency, and that in view of the graph, one of ordinary skill in the art would recognize the range to which claim 23 would encompass. This argument remains unpersuasive because claim 23 claims a “Coulombic efficiency of about 99.8 percent charge after a thirtieth cycle”, and the present disclosure includes language whose inconsistencies regarding how terms should be modified by “about” should be interpreted [emphasized to draw attention to the role of the disclosure in determining uncertainty]. For example, paragraph [26] of the present disclosure states “the sintering the porous green-body can include: sintering at about 550 degrees Celsius (e.g., 550 degrees or more, 550 degrees or less, 500, 540, 545, 555, 560, 580, 590, or 600 degrees, plus or minus 5, 10, or 20, 25, 50, or 75 degrees, or plus or minus 1 percent, 2, percent, 5 percent, 10 percent, or 20 percent) for about 4 hours (e.g., 4 or fewer hours, 4 or more hours, 1, 2, 3, 5, 7, or 8 hours, plus or minus 0.5, 1, 2, or 3 hours, or plus or minus 1 percent, 2, percent, 5 percent, 10 percent, or 20 percent); and sintering at about 1000 degrees Celsius (e.g., 1000 degrees or more, 1000 degrees or less, 900, 940, 945, 948, 952, 955, 995, 1000, 1105, 1110, 1050, or 1100 degrees, plus or minus 5, 10, or 20, 25, 50, or 75 degrees, or plus or minus 1 percent, 2, percent, 5 percent, 10 percent, or 20 percent) for about 9 hours (e.g., 9 or fewer hours, 9 or more hours, 1, 2, 3, 5, 7, 8, 10, 11, or 12 hours, plus or minus 0.5, 1, 2, 3, 4, 5, or 6 hours, or plus or minus 1 percent, 2, percent, 5 percent, 10 percent, or 20 percent)”. The increments in percentages do not match the parameter value tolerances. Applicant is can limit the range of claim 23 to a Coulombic efficiency of 99.8 percent charge after a thirtieth cycle, but inconsistencies in the scope encompassed by values modified by “about” in the present disclosure raise uncertainty as to what is or is not “about 99.8 percent”.
Regarding rejections over Cho (US20140004441), in view of Choe (KR 101410061 B1), Kim (Kim, Yun Kyoung, Seung I. Cha, and Soon Hyung Hong. "Nanoporous cobalt foam and a Co/Co (OH) 2 core–shell structure for electrochemical applications." Journal of Materials Chemistry A 1.34 (2013): 9802-9808) and Landin (US6410160) and rejections over Cho in view of Choe, Kim and Shah (US20150035209), now applied to claims 11 and 25, applicant repeats arguments first presented in the reply filed September 19, 2025. As the substance of the arguments has not changed, reasons why these same arguments were not found persuasive are repeated below, with modifications for claims as presently amended.
Applicant’s arguments that Choe does not disclose a metal slurry because Choe discloses a metal oxide slurry are not persuasive because they directly contradict the present disclosure’s definition of a “metal slurry”. Note particularly that paragraph [15] of the present specification states “The metal slurry includes distilled water, binder, and metal or [emphasis added] metal oxide powder.” As the present disclosure indicates that a metal slurry is a slurry which includes metal or metal oxide powder, the present disclosure considers a slurry comprising metal oxide powder a metal slurry. Further, in arguing how the specification as filed supports previously presented claim 3, in remarks filed September 19, 2025, applicant states “[o]ne of ordinary skill in the art would appreciate that during the slurry making and freezing process, some degree of cobalt oxide naturally forms on the cobalt metal powder due to cobalt powder's exposure to water (liquid or gas). To be certain, even if one were to start with pure cobalt powder, there would be some degree of cobalt oxide formed during the slurry making and freezing steps”; therefore, applicant’s own arguments support shaping a metal slurry as shaping a slurry including metal oxide.
Applicant’s arguments that Cho and Choe are not combinable is not persuasive because the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See MPEP 2145(III). Cho and Choe, applied above, both disclose forming inorganic porous material by freeze casting a slurry comprising inorganic powder with a liquid-nitrogen cooled copper rod. The similarities are more than sufficient to inform one of ordinary skill in the art of freeze casting inorganic materials that a slurry may be shaped by a mold, which is the limitation the present rejection of claim 1 incorporates from Choe. Choe still shapes with a mold whether or not Choe shapes a titanium oxide feed material.
Applicant’s characterization of Kim as disclosing a carbon nanotube composite mischaracterizes the product porous inorganic structure because Kim discloses burning out the carbon nanotubes from the final product. The exact wording in Kim is “[t]he CNTs were oxidized and burned off with the oxygen derived from the cobalt oxide during the high-temperature consolidation process” (page 9804 left column). Considering both present claim 1 and Cho form porous materials by removing some fugitive pore-forming agent (ice crystals), one of ordinary skill in the art of forming porous inorganic material would still have recognized in view of Kim that porous materials may be formed from cobalt oxide powder and then reduced under known conditions to reduce cobalt oxide to cobalt. Similarly, Landin’s choice of pore former is not persuasive because the rejection relies on Landin for treatment following formation of the porous material and removal of the fugitive pore former. Considering the pore former is removed prior to the reduction treatment for which the present rejection relies on Landin, it is unlikely that a specific pore former renders Landin unsuitable for the combination as applied. The same rebuttal applies the Shah. The present rejection relies on Shah for the treatment applied following the sublimation of the solvent disclosed by Cho in view of Choe and Kim. Shah informs one of ordinary skill in the art of manufacturing porous inorganic materials, the treatments available porous, inorganic materials, particularly after removal of a shaping solvent (Shah [0033]). Further, an inorganic meshed structure is still a porous structure. Shah explicitly teaches that the structure is porous [0007], and the teachings of Shah would be available to one of skill in the art of forming porous materials, and one of skill in the art would predict achieving the results taught by Shah for reducing treatments of porous inorganic materials, relied upon above.
Prior office action(s) did not rely on Kwon (US20140170454) to reject independent claims, and the present office action does not rely on Kwon in any standing rejection.
Applicant appears to argue for dependent claim 24 over the prior art by virtue of its dependence on claim 11. This apparent argument is not persuasive for the reasons given above with respect to claim 11.
Applicant’s general argument that the references are completely unrelated is not persuasive because the references are all within the field of forming porous inorganic materials. They all also satisfy the test for art analogous to the claimed invention described in MPEP 2141.01(a) because each reference is at least reasonably pertinent to the problem faced by the inventor in forming porous inorganic materials.
Allowable Subject Matter
Claims 1-2, 4-10, 12-14, 21-22, and 26 are allowed.
Claim 23 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Independent claim 1 claims a method. Claim 1 claims placing a mold on a copper rod into liquid nitrogen and pouring a cobalt metal slurry in the mold. Note that paragraph [15] of the specification opens metal slurry to a slurry including metal oxide and not necessarily pure metal/zero oxidation state. Claim 1 claims freezing the cobalt metal slurry, wherein cobalt metal particles of the slurry are coupled to ice crystals. Claim 1 claims forming a green-body with directional pores by drying the frozen slurry at a temperature at or below freezing, leaving pores in their places with physical attachment (see above statement of claim interpretation). Claim 1 claims constructing a porous metal foam by reducing and sintering the porous green-body at a temperature under an atmosphere comprising hydrogen. Claim 1 claims the temperature for reducing and sintering is higher than the temperature for forming the green-body. Claim 1 further claims during the freezing of the cobalt metal slurry, some cobalt oxide particles are formed, and the cobalt metal slurry comprises cobalt metal and cobalt oxide, the green-body comprises cobalt metal and cobalt oxide, and the reducing and sintering the porous green-body comprises: reducing the porous green-body in a hydrogen atmosphere, wherein the cobalt oxide of the green-body is reduced to cobalt. Further note that in remarks filed September 19, 2025, applicant states “One of ordinary skill in the art would appreciate that during the slurry making and freezing process, some degree of cobalt oxide naturally forms on the cobalt metal powder due to cobalt powder's exposure to water (liquid or gas). To be certain, even if one were to start with pure cobalt powder, there would be some degree of cobalt oxide formed during the slurry making and freezing steps. For at least this reason, claim 3 is fully supported by the specification, especially as understood by one of ordinary skill in the art. The examiner should withdraw the rejection”. Present claim 1 includes the limitations of previously presented claim 3 to which applicant’s remarks filed September 19, 2025 refer.
Prior office action(s) rejected independent claim 1, as previously presented, over Cho (US20140004441), in view of Choe (KR 101410061 B1), Kim (Kim, Yun Kyoung, Seung I. Cha, and Soon Hyung Hong. "Nanoporous cobalt foam and a Co/Co (OH) 2 core–shell structure for electrochemical applications." Journal of Materials Chemistry A 1.34 (2013): 9802-9808) and Landin (US6410160) and in an alternative set of rejections over Cho in view of Choe, Kim and Shah (US20150035209). Both the rejection over Cho in view of Choe, Kim, and Landin, and Cho in view of Choe, Kim, and Sha relied on cobalt oxide as the inorganic constituent of the cobalt metal slurry. Claim 1 defines over Cho in view of Choe, Kim, and Landin/Shah at least in claiming the cobalt metal slurry comprises cobalt metal and cobalt oxide.
Claims 2, 4-10, 12-14, 21-23, and 26 depend on claim 1. Dependent claims define over the prior art at least for the reasons given above with respect to claim 1.
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.
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/SEAN P. O'KEEFE/ Examiner, Art Unit 1738
/SALLY A MERKLING/ SPE, Art Unit 1738
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