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 .
Information Disclosure Statement
The information disclosure statements filed May 31, 2023 has/have been received and complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, the information disclosure statement(s) is/are being considered by the examiner, and an initialed copied is attached herewith.
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 18-19 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 18 recites the broad recitation “certain organic semiconductors”, and the claim also recites “PTCDA” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. An appropriate correction is required.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 18 recites the broad recitation “certain organic semiconductors”, and the claim also recites “3,4,9,10-perylenetetracarboxylicacid-dianhydride” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. An appropriate correction is required.
Claim 19 is recites the limitation " the oxidizer" in line 1. There is insufficient antecedent basis for this limitation in the claim. An appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-2 & 4-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. US 2006/0210706 in view of Sridhar US. Pun. 2006/0040168.
With respect to claim 1, Chen teaches an energy conversion device for conversion of chemical energy into electricity (Fuel cells are energy-converting devices that use an oxidizer (e.g. oxygen in air) to convert the chemical energy in fuel (e.g. hydrogen) into electricity; [0005]), comprising: a first electrode (a layer of porous anode material such as a nickel-YSZ cermet onto the anode 30; [0043]; Examiners Note: nickel-YSZ cermet is the first electrode); a substrate connected to said first electrode (copper foil electrically connected; [0027]); a three-dimensioned textured porous semiconductor layer (porous anode [0033]; three-dimensioned, anode 30, Fig. 1c; roll-textured nickel foil [0022]; Examiners Note: nickel in SOFC surface naturally forms NiO that has semiconducting properties) disposed over said substrate (nickel anode on the copper foil substrate; [0027]), a catalyst material on at least a portion of said three-dimensioned textured porous semiconductor layer (electrolyte 14 is the catalyst material; Fig. 1 & [0024]; Examiners Note: the electrolyte functions as a catalyst by speeding ion exchange without being consumed; CeO2 can be reduced at low oxygen partial pressures to exhibit electronic conductivity [0042] Examiners Note: this enables CeO2 electron and ion transport without being consumed), wherein at least some of the catalyst material enters the nano-engineered structure of the three-dimensioned textured porous semiconductor layer to form an intertwining region (figure 1e is considered an intertwining region), the catalyst material and the three-dimensioned textured porous semiconductor layer forming solid-state junctions , wherein the solid-state junctions are Schottky junctions (Yttria stabilized zirconia (YSZ) electrolyte 14 [0031]; joined to nickel anode 30[0027]; Fig. 1e; Examiners Note: forming Schottky junctions in the NiO (from oxidation)- YSZ connection); and a second electrode (cathode 16; [0025]; Fig. 1), wherein electrons from the catalyst material are injected into the three-dimensioned textured porous semiconductor layer (doped LaGaO3 electrolyte [0031] allows electrons to pass to the Ni/NiO (oxidation layer); Fig. 1e; mixed ionic and electronic conductor film between the anode and the electrolyte may also be deposited to enhance the activity of the porous anode structure; [0015]), and wherein an electrical potential is formed between the first electrode and a second electrode during chemical reactions between a fuel, the porous catalyst material and the three-dimensioned textured porous semiconductor layer (anode opposite cathode with electrolyte & supplied hydrogen and oxidant fuel; [0047]).
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With respect to claim 2, the substrate is patterned to create a three-dimensional surface, thereby providing increased surface area for chemical reactions (textured nickel foil, [0022]). With respect to claim 4, the substrate is textured such that peaks and valleys are formed (textured nickel foil, [0022]). With respect to claim 5, a non-porous semiconductor layer is in between the substrate and the three-dimensioned textured porous semiconductor layer (metal substrate [copper foil] can be treated with a buffer layer [0043] which would separate it from the nickel anode three-dimensioned textured porous semiconductor).
Chen does not teach or suggest: said three-dimensioned textured porous semiconductor layer having a nano-engineered structure (claim 1); catalyst material is porous (claim 1); the porous catalyst layer is formed with nano-particles (claim 6); the porous catalyst layer is formed with nano-clusters (claim 7); the porous catalyst layer is formed with nano-wires (claim 8); the three-dimensioned textured porous semiconductor layer is formed with nano-particles (claim 9); the three-dimensioned textured porous semiconductor layer is formed with nano-clusters (claim 10); the three-dimensioned textured porous semiconductor layer is formed with nano-wires (claim 11); the three-dimensioned textured porous semiconductor layer is a porous nano-engineered structure with percolating networks (claim 12); the three-dimensioned textured porous semiconductor layer comprises a dielectric (claim 13); the dielectric is a porous nano- engineered structure with percolating networks (claim 14); the dielectric is formed with nano- particles (claim 15); the dielectric is formed with nano- clusters (claim 16); the dielectric is formed with the nano-wires (claim 17); the three-dimensioned textured porous semiconductor layer are chosen from a group including rutile Ti02, anatase Ti02, poly- crystalline Ti02 porous Ti02, Zr02, S r T i 0 3, BaTi03, Sr_x-Bay-TiO_z, LiNiO, silicon, SiC, GaN, GaAs, Ge, silica, carbon, oxides of niobium, tantalum, zirconium, cerium, tin, vanadium, and LaSrVO3, and certain organic semiconductors, such as PTCDA, or 3,4,9,10-perylenetetracarboxylicacid-dianhydride (claim 18).
Sridhar teaches that it is well known in the art to employ an energy conversion device for conversion of chemical energy into electricity (solid oxide fuel cells; [0002]), comprising: said three-dimensioned textured porous semiconductor layer having a nano-engineered structure (nickel oxide nanowires for use as an anode; [0020]; nanostructured material includes quasi-one dimensional nanostructured materials, such as nanowires, nanorods and nanotubes; [0013]; Ni-YSZ anode is a nanostructure; [0017]; claim 1); catalyst material is porous (nickel vapor reacts with the catalyst such that the nickel oxide nanowire grows out of the catalyst; [0027]; remaining catalyst is porous; claim 1); the porous catalyst layer is formed with nano-particles (catalyst may comprise a thin layer, such as a 1 to 10 nm layer of gold or other appropriate metal such as Ga, Fe or Co. The catalyst may also be in the shape of discrete metal islands; [0022]; A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955); the catalyst material is on the electrolyte substrate; [0025]; claim 6); the porous catalyst layer is formed with nano-clusters (catalyst may comprise a thin layer, such as a 1 to 10 nm layer of gold or other appropriate metal such as Ga, Fe or Co. The catalyst may also be in the shape of discrete metal islands; [0022]; A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955); the catalyst material is on the electrolyte substrate; [0025]; claim 7); the three-dimensioned textured porous semiconductor layer is formed with nano-particles (nickel oxide nanowires for use as an anode; [0020]; nanostructured material includes quasi-one dimensional nanostructured materials, such as nanowires, nanorods and nanotubes; [0013]; Ni-YSZ anode is a nanostructure; [0017]; claim 9); the three-dimensioned textured porous semiconductor layer is formed with nano-clusters (nickel oxide nanowires for use as an anode; [0020]; nanostructured material includes quasi-one dimensional nanostructured materials, such as nanowires, nanorods and nanotubes; [0013]; Ni-YSZ anode is a nanostructure; [0017]; claim 10); the three-dimensioned textured porous semiconductor layer is formed with nano-wires (nickel oxide nanowires for use as an anode; [0020]; nanostructured material includes quasi-one dimensional nanostructured materials, such as nanowires, nanorods and nanotubes; [0013]; Ni-YSZ anode is a nanostructure; [0017]; claim 11); the three-dimensioned textured porous semiconductor layer is a porous nano-engineered structure with percolating networks (nickel oxide nanowires for use as an anode; [0020]; Examiners note: it would be reasonable to expect continuous pathways for ions or electrons in order to function; claim 12); the three-dimensioned textured porous semiconductor layer comprises a dielectric (Ni-YSZ anode, where YSZ is dielectric; [0017]; claim 13); the dielectric is a porous nano- engineered structure with percolating networks (nanostructured material includes quasi-one dimensional nanostructured materials, such as nanowires, nanorods and nanotubes; [0013]; Ni-YSZ anode, where YSZ is dielectric; [0017]; Examiners note: it would be reasonable to expect continuous pathways for ions or electrons in order to function In the nanostructured anode; claim 14); the dielectric is formed with nano- particles (nanostructured material includes quasi-one dimensional nanostructured materials, such as nanowires, nanorods and nanotubes; [0013]; Ni-YSZ anode, where YSZ is dielectric; [0017]; claim 15); the dielectric is formed with nano- clusters (nanostructured material includes quasi-one dimensional nanostructured materials, such as nanowires, nanorods and nanotubes; [0013]; Ni-YSZ anode, where YSZ is dielectric; [0017]; claim 16); the dielectric is formed with the nano-wires (nanostructured material includes quasi-one dimensional nanostructured materials, such as nanowires, nanorods and nanotubes; [0013]; Ni-YSZ anode, where YSZ is dielectric; [0017]; claim 17); the three-dimensioned textured porous semiconductor layer are chosen from a group including rutile Ti02, anatase Ti02, poly- crystalline Ti02 porous Ti02, Zr02, S r T i 0 3, BaTi03, Sr_x-Bay-TiO_z, LiNiO, silicon, SiC, GaN, GaAs, Ge, silica, carbon, oxides of niobium, tantalum, zirconium, cerium, tin, vanadium, and LaSrVO3, and certain organic semiconductors, such as PTCDA, or 3,4,9,10-perylenetetracarboxylicacid-dianhydride (metal cermets; [0017]; claim 18).
Chen and Sridhar are analogous art from the same field of endeavor, namely fabricating energy conversion devices for conversion of chemical energy into electricity, including nickel anodes.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the three-dimensioned textured porous semiconductor layer having a nano-engineered structure (nickel oxide nanowires for use as an anode; [0020]) of Sridhar, as the anode material of Chen; to increase the active surface area of the electrode material. nickel oxide of Sridhar is a semiconductor. With respect to the catalyst material being porous (nickel vapor reacts with the catalyst such that the nickel oxide nanowire grows out of the catalyst; [0027]; remaining catalyst is porous; claim 1); it would have been obvious to include that catalyst of Sridhar on the electrolyte catalyst of Chen, to increase growth of the nanowires. Sridhar teaches the catalyst material is on the electrolyte substrate; [0025]; thus a catalyst/electrolyte composite would be obvious as making essential working parts of a device integral is prima facie obvious. See In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965). It is also the Examiner’s position that catalyst in SOFCs are well known to enhance activity. Thus, the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
With respect to the porous catalyst layer being formed with nano-wires (claim 8); it would have been obvious in the catalyst of Chen in view of Sridhar, as change in shape is generally recognized as being within the level of ordinary skill in the art. See In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Sridhar teaches catalyst may comprise a thin layer, such as a 1 to 10 nm layer of gold or other appropriate metal such as Ga, Fe or Co. The catalyst may also be in the shape of discrete metal islands; [0022]; A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Sridhar also teaches nanostructured material includes quasi-one dimensional nanostructured materials, such as nanowires. [0013].
Claim Rejections - 35 USC § 103
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. US 2006/0210706 in view of Sridhar US. Pun. 2006/0040168, and further in view of Koripella et al. US Pub. 2007/0048589.
Chen in view of Sridhar teach an energy conversion device for conversion of chemical energy into electricity (Fuel cells are energy-converting devices that use an oxidizer (e.g. oxygen in air) to convert the chemical energy in fuel (e.g. hydrogen) into electricity; Chen [0005]), a substrate (copper foil current collector electrically connected; Chen [0027]); as described hereinabove.
Chen does not teach or suggest: the substrate is patterned such that nano-wires are formed (claim 3).
Koripella teaches that it is well known in the art to employ: the substrate is patterned such that nano-wires are formed (porous metallic nanowire as the anode current collector; [0033]; claim 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the substrate is patterned such that nano-wires are formed of Koripella, as the substrate shape of Chen in view of Sridhar, as the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
Claim Rejections - 35 USC § 103
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.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. US 2006/0210706 in view of Sridhar US. Pun. 2006/0040168, and further in view of Nakazawa JP 2009176425.
Chen in view of Sridhar teach an energy conversion device for conversion of chemical energy into electricity as described hereinabove.
Chen does not teach or suggest: the fuel comprise a monopropellant. (claim 19).
Nakazawa teaches that it is well known in the art to employ: the fuel and the oxidizer comprise a monopropellant (hydrogen peroxide in SOFCs; claim 19).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the fuel monopropellant of Nakazawa, as the fuel of Chen in view of Sridhar, as the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). With respect to hydrogen peroxide as an oxidizer, it would have been obvious as the oxidant of Chen in view of Sridhar and Nakazawa, because it releases oxygen, and the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONIQUE M WILLS whose telephone number is (571)272-1309. The Examiner can normally be reached on Monday-Friday from 8:30am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the Examiner's supervisor, Tiffany Legette, may be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Monique M Wills/
Examiner, Art Unit 1722
/TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723