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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 19, 2025 has been entered.
Response to Amendment
Applicant’s amendment has been entered. Claims 1-14, and 21-26 are pending of which claims 11 and 25 are newly independent. Claims 15-20 are canceled. Amending the designations of temperatures in claim 1 has overcome the rejections under 35 USC 112(b) of claims 1, 4, and 5 for inconsistencies of first and second temperatures within the claims. While amendment has overcome the uncertainty of claim 3 regarding reducing oxide in the slurry, this uncertainty remains in claim 24; therefore, claim 24 remains rejected under 35 USC 112(b).
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 7 will be interpreted as the slurry wherein cobalt oxide particles of the slurry are coupled to ice crystals introduced in claim 11 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 11 line 8 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 9 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 line 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 and 24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for 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.
Regarding claim 24, claim 24 recites “the reducing and sintering the porous green- body comprises: reducing the porous green-body in a hydrogen atmosphere, wherein any cobalt oxide in the cobalt metal slurry is reduced to cobalt”; however, claim 24 depends on claim 1 which actually produces the green body by “drying the frozen slurry at a first temperature at or below freezing” such that the green body is no longer a slurry. The limitation “any cobalt oxide in the cobalt metal slurry” most likely is intended to claim that cobalt oxide in the porous green body is reduced to cobalt. In arguing the previously set forth rejection under 35 USC 112(a), applicant’s remarks filed September 19, 2025 indicate that the cobalt is oxidized, not reduced, in the metal slurry.
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) 1, 4-7, 10-14, 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 1, 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 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 as a cobalt oxide (Co3O4) 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).
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 applied above would predictably promote the reduction of the cobalt oxide network disclosed by Cho in view of Choe and Kim, to metallic cobalt.
Regarding claims 4-7, Cho discloses that sintering comprises removing binder at about
300
°
C and sintering at about two thirds of the melting temperature of the metal for several hours [0075]. In examples Cho discloses that the binder removal step is three hours [0078], and the sintering step is six hours [0078]. The melting point of cobalt is 1,495
°
C; therefore, in view of Cho [0075], [0078] it would have been obvious for one of ordinary skill in the art at the time of filing to sinter first at about
300
°
C for three hours to remove binder then sinter at 2/3 of 1,495
°
C, which is 996.7
°
C for six hours to sinter the green body. About 300
°
C for three hours and about 996.7
°
C for six hours is sintering at a first temperature for a T1 time period; and sintering at a second temperature for a T2 time period (thereby meeting the additional limitations of claim 4), wherein the second temperature is greater than the first temperature (thereby meeting the additional limitations recited in claim 5), and wherein the T2 time period is greater than the T1 time period (thereby meeting the additional limitations recited in claims 6 and 7). Note that though the order of sintering steps rendered obvious by Cho [0075], [0078], corresponds to the order of sinterings recited in claim 5-7, claims 4-7 do not require sintering at a first temperature for T1 be performed sequentially first. See MPEP 2111.01(II), particularly regarding the discussion on order of performing steps.
Regarding claim 10, the reducing, relied upon above comprises reducing the porous green-body in a hydrogen-containing atmosphere (column 9 lines 44-50). Cho discloses sintering at about two thirds of the melting temperature of the metal for several hours [0075]. In examples Cho discloses that the binder removal step is three hours [0078], and the sintering step is six hours [0078]. The melting point of cobalt is 1,495
°
C; therefore, in view of Cho [0075], [0078] it would have been obvious for one of ordinary skill in the art at the time of filing to sinter at 2/3 of 1,495
°
C, which is 996.7
°
C for six hours to sinter the green body. A sintering temperature of 996.7
°
C directly meets the claimed sintering temperature range, and a duration of 6 hours approaches the claimed range of 7 to 11 hours. A prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. See MPEP 2144.05(I).
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 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.
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 12, Cho discloses that forming the slurry comprises mixing components of the slurry [0058], [0078]. Choe teaches that mixing the slurry for freeze drying comprises dissolving particles in the binder and solvent [0058]. In view of Choe, it would have obvious for one of ordinary skill in the art at the time of filing to dissolve slurry components in order to effectively prepare a slurry for freeze casting as taught by Choe [0058]. Choe teaches that this dissolving comprises stirring [0058]. Kim further teaches that ultrasonication is effective in dispersing cobalt oxide particles in water (Section 2.1 page 9803 left column). Considering both Cho [0078] and Choe [0058] teach that mixing the slurry comprises dispersing particles in water, and the particles disclosed by Cho in view of Choe, Kim, and Landin as applied above are cobalt oxide particles, it would have been obvious for one of ordinary skill in the art at the time of filing to perform the dispersing with ultrasonication which Kim teaches as effective for dispersing cobalt oxide particles in water.
Regarding claim 13, Cho discloses maintaining a temperature of at most -5 degree Celsius by way of liquid nitrogen [0058], [0074]. A range of at most
-
5
degrees Celsius encompasses a range of -30 degrees Celsius to -5 degrees Celsius. When claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. See MPEP 2144.05(I).
Cho does not disclose that the controlling the temperature [0058] comprises a heater coupled to an end of the copper rod. Choe shows in Figure 4a that the freeze-casting system comprising the copper rod, relied upon above comprises a heater coupled to an end of the copper mold. See the portion of Figure 4a from Choe below.
PNG
media_image1.png
200
400
media_image1.png
Greyscale
In applying the mold as taught by Choe in the process disclosed by Cho in view of Choe, Kim, and Landin, applied above, it would have been obvious for one of ordinary skill in the art at the time of filing to heat an end of the copper rod as shown by Choe for that same molding system (Figure 4a). Application of the heater as shown by Choe would predictably, effectively, control the temperature of the copper rod during the step of freezing the slurry, as disclosed by Cho [0058].
Regarding claim 14, Cho discloses after freezing the slurry subliming the ice which forms [0058], but Cho is silent on the sublimation parameters. Choe teaches sublimating in a freeze dryer at
-
90
°
C
, at 5x10-3 torr (a vacuum pressure), for 24 hours [0058] both Cho [0078] and Choe [0058] teach a polyvinyl alcohol binder with a water base. Considering Cho’s silence on freeze-drying parameters, it would have been obvious for one of ordinary skill in the art at the time of filing to sublimate the ice in the process disclosed by Cho in view of Choe, Kim , and Landin, as applied above at
-
90
°C, at 5x10-3 torr (a vacuum pressure), for 24 hours, which Choe teaches [0058] is effective for sublimating the same type of water/polyvinyl alcohol binder system disclosed by Cho [0078]. A temperature of -90
°
C for 24 hours lies within the range of
-
108
degrees Celsius to -78 Celsius for 20 to 28 hours.
Regarding claim 24, 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). Some amount of cobalt oxide reducing to metallic cobalt is any amount of any amount of cobalt oxide is reduced to cobalt.
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.
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) 1-2, 4-14 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 1, 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 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 conduct