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 .
Status of the Claims
The amendment filed September 17, 2025 has been entered. Claims 1-20 have been amended. Claims 1-20 are currently pending and are examined herein.
Status of the Rejection
Applicant’s amendments to the claims have overcome each objection and 112(b) rejection previously set forth in the Non-Final Office Action mailed June 18, 2025.
New grounds of claim objections for claims 3, 13, and 18 as outlined below.
The amendments overcome the 35 U.S.C. § 103 rejections for claims 1-4 and 6-11, and the prior art rejections for claims 1-4 and 6-11 are withdrawn.
All 35 U.S.C. § 103 rejections for claims 14-15, 17 and 19-20 from the previous office action are essentially maintained and modified in response to the amendment.
Claim Objection
Claims 3, 13 and 18 are objected to because of the following informalities:
Claim 3: please amend “ZSM-5” to –Zeolite Socony Mobil-5 (ZSM-5)--; “FER” to – ferrierite (FER)--; “BEA” to -- beta zeolite (BEA)--; “MOR” to -- mordenite (MOR)--; “FAU” to – faujasite (FAU)—by providing full name for each abbreviation.
Claim 13: please amend “ZSM-5” to –Zeolite Socony Mobil-5 (ZSM-5)--; “FER” to – ferrierite (FER)--; “BEA” to -- beta zeolite (BEA)--; “MOR” to -- mordenite (MOR)-- by providing full name for each abbreviation.
Claim 18: please amend “ZSM-5” to –Zeolite Socony Mobil-5 (ZSM-5)--; “FER” to – ferrierite (FER)--; “BEA” to -- beta zeolite (BEA)--; “MOR” to -- mordenite (MOR)-- by providing full name for each abbreviation.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 14-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Dutta et al. (US6764591B1), and in view of Kharashi (Fundamental understanding of microstructural properties of electrolyte system for NOx exhaust gas sensing, PhD thesis in Louisiana Tech University, February 2018), Wang et al. (US20160122886A1) and Ramachandran et al. (Impact behaviour of MWCNTs reinforced YSZ and Al2O3 ceramic-nanocomposites prepared via vacuum hot-pressing technique, Journal of Materials Research and Technology, 2023, 24, 6595-6603).
Regarding claim 14, Dutta teaches a method of determining a total mono-nitrogen oxide (NOx) content in a gas comprising NOx (a method of determining the total NOX content in a gas comprising NOX [abstract]), the method comprising:
exposing said gas comprising NOX to a catalytic filter thereby forming an equilibrium mixture of NO and NO2 from said gas comprising NOX (The gas flowing through the gas conduit interacts with the catalytic filter to form an equilibrium mixture of NO and NO2 from the gas comprising NOX [abstract; claim 13]);
exposing said equilibrium mixture of NO and NO2 to a NOx sensor thereby creating a potential difference (exposing said equilibrium mixture of NO and NO2 to a sensor element to obtain a potential difference between a sensing potentiometric electrode and a reference potentiometric electrode disposed on the sensing element [abstract and claim 13]), said NOx sensor comprising an electrolyte comprising yttria-stabilized zirconia (YSZ) (YSZ substrate 115 in Fig.1 [Col. 4, Ln 23-24]; the electrolyte is 8 mol % YSZ [Col. 5, Ln 14-16]); and
determining the total NOX content in said gas comprising NOX by comparing said potential difference with a calibration curve (determining the total NOX content in said gas comprising NOX by comparing said potential difference with a calibration curve [claim 13]).
Dutta is silent to wherein the electrolyte composition comprises zeolite and carbon nanotube in addition to the YSZ.
Kharashi teaches a NOx sensor (NO sensor as shown in Fig.4-1 on page 27) comprising an electrolyte composition (PSZ-Al2O3 in the pellet as shown in Fig.4-1), wherein the electrolyte composition comprises yttria-stabilized zirconia (YSZ) (PSZ [section 4.2], which is a YSZ) and Al2O3.
Wang teaches an apparatus for removing NOx (title) comprising an electrolyte between a first electrode and a second electrode [para. 0022], wherein the electrolyte may include any material that has a suitable level of oxygen ion conductivity and any other suitable material. In some embodiments, the electrolyte includes zeolite, alumina, …, yttria stabilized zirconia, or any combination thereof [para. 0043]. Thus, Wang teaches an electrolyte composition comprising any combination of zeolite, Al2O3 and YSZ, such as an electrolyte composition comprising zeolite and YSZ, or an electrolyte composition comprising Al2O3 and YSZ.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute Al2O3 in the electrolyte composition of Kharashi with zeolite to provide an electrolyte composition comprising zeolite and YSZ, as taught by Wang, since Wang teaches the suitable alternative electrolyte composition comprising zeolite and YSZ, which would be alternative to the electrolyte composition comprising Al2O3 and YSZ, that would provide a suitable level of oxygen ion conductivity [para. 0043].
Kharashi as modified by Wang is silent to wherein the electrolyte composition further comprises CNT.
Kharashi further teaches the electrolyte composition forms a slurry, and after drying it is pressed into pellet (section 4.2).
Ramachandran teaches impact behavior of YSZ reinforced with multi-walled carbon nanotubes (MWCNTs). The results indicated that composites with 1 wt% MWCNTs reinforced YSZ owing to its higher interfacial bonding between MWCNTs and YSZ (abstract).
Given the teachings of Kharashi regarding the electrolyte composite is bonded to form a pellet, and the teachings of Ramachandran regarding adding MWCNTs to improve/reinforce the bonding of YSZ powder, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrolyte composition in modified Kharashi by adding MWCNTs, since it would improve the bonding of the powders in the electrolyte composition and would increase mechanical and thermal properties of the formed pellet (abstract and the 2nd paragraph in Introduction in Ramachandran).
With the above modification, the NOx gas sensor of modified Kharashi (Kharashi as modified by Wang and Ramachandran) comprises an electrolyte composition, wherein the electrolyte composition comprises zeolite (Al2O3 was substituted with zeolite based on the teachings of Wang), yttria-stabilized zirconia (YSZ) (already existing in Kharashi) , and carbon nanotube (MWCNTs added based on the teachings of Ramachandran).
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the NOx sensor of Dutta with the NOx sensor of modified Kharashi to determine the total NOx content in a gas comprising NOx, since modified Kharashi teaches a suitable alternative NOx gas sensor having a greater sensitivity (section 4.3.5 on page 40 in Kharashi). Furthermore, the simple substitution of one known element for another (i.e., one NOx gas sensor for another NOx gas sensor) is likely to be obvious when predictable results are achieved (i.e., sensing NOx concentration) [MPEP § 2143(I) (B)].
Regarding claim 15, modified Dutta teaches the method of claim 14, wherein the NOx sensor further comprising a counter electrode (as outlined in the rejection of claim 14 above, the NOx sensor is the NOx sensor of Kharashi with modified electrolyte composition. As shown in Fig.4-1 on page 27 of Kharashi, the modified NOx sensor comprising a counter electrode [one of the two Au wires is deemed as the claimed counter electrode]).
Regarding claim 17, modified Dutta teaches the method of claim 15, wherein the counter electrode comprises gold (as outlined in the rejection of claim 15 above, one of the two Au wires in Fig.4-1 of Kharashi is deemed as the claimed counter electrode, thus the counter electrode comprises gold).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kharashi (Fundamental understanding of microstructural properties of electrolyte system for NOx exhaust gas sensing, PhD thesis in Louisiana Tech University, February 2018), and in view of Wang et al. (US20160122886A1) and Ramachandran et al. (Impact behaviour of MWCNTs reinforced YSZ and Al2O3 ceramic-nanocomposites prepared via vacuum hot-pressing technique, Journal of Materials Research and Technology, 2023, 24, 6595-6603).
Regarding claim 19, Kharashi teaches a method of preparing an electrolyte composition (a method of preparing an electrolyte composition of PSZ-Al2O3 for a NOx sensor as shown in Fig. 4-1 [section 4.2]), comprising:
adding yttria-stabilized zirconia (YSZ) powder (adding 8 wt% YSZ [section 4.2]) and Al2O3 powder (2-10 wt% Al2O3 [section 4.2]) to form YSZ-Al2O3 powder (PSZ-Al2O3 powders were ball milled [section 4.2]);
forming a slurry of the YSZ-Al2O3 powder (the mixed powders were ball milled with binder and ethanol for 16 h, resulting PSZ-Al2O3 slurry [section 4.2]);
pressing a portion of the slurry of the YSZ-Al2O3 powder into a pellet (a portion of the resulting PSZ-Al2O3 slurry was dried and uniaxially pressed into a pellet with a diameter of 13 mm and thickness of 3 mm [section 4.2, Fig.4.1]); and
drying the pellet to form the electrolyte composition (Au wire electrodes were coated with the remaining PSZ-Al2O3 slurry and combined with the pellet as shown in Fig.4-1 [section 4.2]. Since the remaining slurry is slurry, it must have a drying step to dry the combined electrodes and pellet prior to use).
Kharashi is silent to wherein the electrolyte composition comprising zeolite powder and carbon nanotube power.
Wang teaches an apparatus for removing NOx (title) comprising an electrolyte between a first electrode and a second electrode [para. 0022], wherein the electrolyte may include any material that has a suitable level of oxygen ion conductivity and any other suitable material. In some embodiments, the electrolyte includes zeolite, alumina, …, yttria stabilized zirconia, or any combination thereof [para. 0043]. Thus, Wang teaches an electrolyte composition comprising any combination of zeolite, Al2O3 and YSZ, such as an electrolyte composition comprising zeolite and YSZ, or an electrolyte composition comprising Al2O3 and YSZ.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute Al2O3 in the electrolyte composition of Kharashi with zeolite to provide an electrolyte composition comprising zeolite and YSZ, as taught by Wang, since Wang teaches the suitable alternative electrolyte composition comprising zeolite and YSZ, which would be alternative to the electrolyte composition comprising Al2O3 and YSZ, that would provide a suitable level of oxygen ion conductivity [para. 0043].
Kharashi as modified by Wang is silent to wherein the electrolyte composition further comprises CNT.
Ramachandran teaches impact behavior of YSZ reinforced with multi-walled carbon nanotubes (MWCNTs). The results indicated that composites with 1 wt% MWCNTs reinforced YSZ owing to its higher interfacial bonding between MWCNTs and YSZ (abstract).
Given the teachings of Kharashi regarding the electrolyte composite is bonded to form a pellet, and the teachings of Ramachandran regarding adding MWCNTs to improve/reinforce the bonding of YSZ powder, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrolyte composition in modified Kharashi by adding MWCNTs, since it would improve the bonding of the powders in the electrolyte composition and would increase mechanical and thermal properties of the formed pellet (abstract and the 2nd paragraph in Introduction in Ramachandran).
With the above modification, modified Kharashi teaches the electrolyte composition comprising zeolite, yttria-stabilized zirconia (YSZ), and carbon nanotube.
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention use the method of preparing the electrolyte composition of PSZ-Al2O3 in Kharashi to prepare the modified electrolyte composition comprising zeolite, YSZ, and CNT by providing zeolite power, adding YSZ powder and CNT powder to form zeolite-Y-CNT powder (which is similar to forming YSZ-Al2O3 powder in Kharashi), then forming a slurry of the zeolite-Y-CNT powder (similar to forming a slurry of YSZ-Al2O3 in Kharashi), pressing a portion of the slurry of the zeolite-Y-CNT powder into a pellet (similar to pressing a portion of the slurry of the YSZ-Al2O3 powder into a pellet in Kharashi), coating Au electrode wires with the remaining slurry, and drying the combined electrodes and pellet to form the NOx sensor. Furthermore, one skilled in the art could have applied the same method/technique of preparing an electrolyte composition for a NOx gas sensor, as taught by Kharashi, in the same way to prepare the modified electrolyte composition, yielding predictable results (MPEP 2143(I)(D)).
Regarding claim 20, Kharashi teaches a method of preparing a sensor (a method of preparing a NOx gas sensor as shown in Fig.4-1 [section 4.2]), comprising:
adding yttria-stabilized zirconia (YSZ) powder (adding 8 wt% YSZ [section 4.2]) and Al2O3 powder (2-10 wt% Al2O3 [section 4.2]) to form YSZ-Al2O3 powder (the PSZ-Al2O3 powders were ball milled [section 4.2]);
forming a slurry of the YSZ-Al2O3 powder (the mixed powders were ball milled with binder and ethanol for 16 h, resulting PSZ-Al2O3 slurry [section 4.2]);
pressing a portion of the slurry of the YSZ-Al2O3 powder into a pellet (a portion of the resulting PSZ-Al2O3 slurry was dried and uniaxially pressed into a pellet with a diameter of 13 mm and thickness of 3 mm [section 4.2, Fig.4-1]);
coating a counter electrode with a portion of the slurry of the YSZ-Al2O3 to form a coated counter electrode (Au wire electrodes were coated with the remaining PSZ-Al2O3 slurry [section 4.2]; one of the Au wire electrodes is deemed as the claimed counter electrode);
combining the coated counter electrode with the pellet (combining the coated counter electrode with the pellet as shown in Fig. 4-1); and
drying the combined coated counter electrode and pellet to form the sensor (since the remaining slurry for coating the Au wire electrodes is slurry, it must have a drying step to form the sensor as shown in Fig.4-1 prior to use).
Kharashi is silent to wherein the electrolyte composition comprising zeolite and carbon nanotube.
Wang teaches an apparatus for removing NOx (title) comprising an electrolyte between a first electrode and a second electrode [para. 0022], wherein the electrolyte may include any material that has a suitable level of oxygen ion conductivity and any other suitable material. In some embodiments, the electrolyte includes zeolite, alumina, …, yttria stabilized zirconia, or any combination thereof [para. 0043]. Thus, Wang teaches an electrolyte composition comprising any combination of zeolite, Al2O3 and YSZ, such as an electrolyte composition comprising zeolite and YSZ, or an electrolyte composition comprising Al2O3 and YSZ.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute Al2O3 in the electrolyte composition of Kharashi with zeolite to provide an electrolyte composition comprising zeolite and YSZ, as taught by Wang, since Wang teaches the suitable alternative electrolyte composition comprising zeolite and YSZ, which would be alternative to the electrolyte composition comprising Al2O3 and YSZ, that would provide a suitable level of oxygen ion conductivity [para. 0043].
Kharashi as modified by Wang is silent to wherein the electrolyte composition further comprises CNT.
Ramachandran teaches impact behavior of YSZ reinforced with multi-walled carbon nanotubes (MWCNTs). The results indicated that composites with 1 wt% MWCNTs reinforced YSZ owing to its higher interfacial bonding between MWCNTs and YSZ (abstract).
Given the teachings of Kharashi regarding the electrolyte composite is bonded to form a pellet, and the teachings of Ramachandran regarding adding MWCNTs to improve/reinforce the bonding of YSZ powder, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrolyte composition in modified Kharashi by adding MWCNTs, since it would improve the bonding of the powders in the electrolyte composition and would increase mechanical and thermal properties of the formed pellet (abstract and the 2nd paragraph in Introduction in Ramachandran).
With the above modification, modified Kharashi teaches the electrolyte composition comprising zeolite, yttria-stabilized zirconia (YSZ) , and carbon nanotube.
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the method of preparing the NOx gas sensor in Kharashi to prepare the NOx gas sensor having the modified electrolyte composition comprising zeolite, YSZ, and CNT by providing zeolite power, adding YSZ powder and CNT powder to form zeolite-Y-CNT powder (which is similar to mixing YSZ and Al2O3 to form YSZ-Al2O3 powder in Kharashi), then forming a slurry of the zeolite-Y-CNT powder (similar to forming a slurry of the YSZ-Al2O3 powder in Kharashi), pressing a portion of the slurry of the zeolite-Y-CNT powder into a pellet (similar to pressing a portion of the slurry of the YSZ-Al2O3 powder into a pellet in Kharashi), coating a counter electrode with a portion of the slurry of the zeolite-Y CNT powder to form a coated counter electrode (similar to coating Au wire electrodes with the remaining PSZ-Al2O3 slurry in Kharashi), combining the coated counter electrode with the pellet (similar to combining the coated counter electrode with the pellet as shown in Fig. 4-1 in Kharashi), and drying the combined coated counter electrode and pellet to form the sensor (since the remaining slurry for coating the Au wire electrodes is slurry, it must have a drying step prior to use the formed NOx gas sensor). Furthermore, one skilled in the art could have applied the same method/technique of preparing a NOx gas sensor comprising an electrolyte composition, as taught by Kharashi, in the same way to prepare the NOx gas sensor comprising the modified electrolyte composition, yielding predictable results (MPEP 2143(I)(D)).
Allowable Subject Matter
Claims 16 and 18 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter.
Regarding claim 16, Kharashi teaches wherein the YSZ is 8 wt%. Jian et al. (CN104950028A, English translation) teaches a NO gas sensor comprising solid electrolyte having 20-25 wt% of YSZ (middle of page 4). Akasaka (US20170122898A1) teaches a NOx gas sensor comprising a solid electrolyte containing at least one selected from a group consisting of YSZ, YSZ—SiO2, or the YSZ—Al2O3 (claim 8), but does not teach and/or suggest wherein the electrolyte composition comprises about 1%, about 2%, about 3%, about 4%, or about 5% YSZ by weight. Claim 16 is allowable because the prior art of the record does not teach and/or suggest wherein the electrolyte composition comprises about 1%, about 2%, about 3%, about 4%, or about 5% by weight of the yttria-stabilized zirconia (YSZ).
Regarding claim 18, Wang teaches the electrolyte composition comprises zeolite, but does not teach and suggest the concentration of zeolite. Wales teaches the use of zeolite for gas sensing, but does not teach and suggest the use of about 1.5% to 2.5% by weight of the zeolite in an electrolyte composite for a gas sensor. Sahner et al. (Zeolites-versatile materials for gas sensors, Solid State Ionics, 2008, 179, 2416-2423) also reviews gas sensors comprising zeolite, but doesn’t teach and/or suggest the use of about 1.5% to 2.5% by weight of the zeolite in an electrolyte composite for a gas sensor. Kharashi teaches wherein the YSZ is 8 wt% (section 4-2), and Ramachandran teaches 1 wt% of MWCNTs (abstract). As outlined in the rejection of claim 3 in the previous office action, Wales teaches examples of the use of zeolite and MOFs in the sensing of NOx, and Table 1 lists nine zeolite types for gas/vapor sensing, wherein the zeolites comprise FER, MOR, ZSM-5 of MFI, BEA, and FAU. Thus, claim 18 is allowable because the prior art of the record does not teach and/or suggest wherein the electrolyte composition comprises about 1.5% to about 2.5 % by weight of the zeolite.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Response to Arguments
Applicant's arguments, see Remarks Pgs. 8-10, filed 9/17/2025, with respect to the 35 U.S.C. § 103 rejections have been fully considered.
Applicant’s Argument #1:
Applicant argues at pages 8-9 that claim 1 has been amended to recite wherein the electrolyte composition comprises about 0.50% to about 10.00% by weight of the zeolite. None of Wang, Wales, Sahner, Kharashi, or Ramachandran disclose a concentration of zeolite.
Examiner’s Response #1:
Applicant’s arguments are convincing and claims 1-13 are allowable.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIZHI QIAN whose telephone number is (571)272-3487. The examiner can normally be reached Monday-Thursday 8:00 am-5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luan V Van can be reached on 571-272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHIZHI QIAN/Examiner, Art Unit 1795