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 .
Election/Restrictions
Applicant’s election without traverse of Group I claims 1-9 in the reply filed on 6/19/26 is acknowledged.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4 & 8 is/are rejected under 35 U.S.C. 102((a)(1) as being anticipated by Hou et al. CN108314092
With respect to claim 1, Hou et al. discloses a method for manufacturing a binder-free electrode [0012-0014; 0029], comprising: hydrothermally synthesizing a cobalt molybdate (transition metal oxide-based active material) on a nickel foam (3D porous substrate) [0013-0025; 0043-0048; and using electric heating (electrothermal waves) to the 3D porous substrate on which the transition metal oxide-based active material is hydrothermal synthesized. [0022-0025; 0047; 0059-0060; 0073-0074; 0087-0088]
With respect to claim 2, Hou et al. discloses wherein the 3D porous substrate comprises nickel [Abstract]
With respect to claim 3, Hou et al. discloses wherein the transition metal oxide-based active material comprises a mixture of inorganic N-based precursors, where N is, Mo, [0012-0014; 0029]
With respect to claim 4, Hou et al. discloses wherein the hydrothermal synthesis comprises hydrothermally synthesizing a cobalt precursor on a nickel foam. [0012-0015]
With respect to claim 8, Hou et al. discloses wherein the using electrothermal waves comprises: synthesizing a transition metal oxide/conductive substrate (nickel foam-supported cobalt molybdate nanorods) composite by Joule heating (electric heating) the nickel foam (3D porous substrate) on which the transition metal oxide-based active material is formed. [0010-0022]
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) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hou et al. CN108314092 as applied to claim 1 above in further view of Yang et al. (Metal oxide and hydroxide nanoarrays: Hydrothermal synthesis and applications as supercapacitors and nano catalysts)
With respect to claim 5, Hou et al. discloses wherein the hydrothermal synthesis comprises forming needle-like nanostructures of cobalt on the nickel foam.
Hou et al. does not disclose nanostructures of cobalt hydroxide on the nickel foam
Yang et al. discloses a method for manufacturing a binder-free electrode, comprising: hydrothermally synthesizing a transition metal oxide-based active material on a nickel foam (porous substrate) [Abstract]; wherein the hydrothermal synthesis comprises forming needle-like nanostructures of cobalt hydroxide on the nickel foam [Page 356
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the method of Hou et al. to include wherein the hydrothermal synthesis comprises forming needle-like nanostructures of cobalt hydroxide on the nickel foam, as disclosed in Yang et al., to allow for high efficiency
With respect to claim 6, Hou et al. discloses wherein the using electrothermal waves comprises: making transition from the molybdate solution and cobalt solution to a cobalt molybdate by Joule-heating- driven electrothermal waves passing through the nickel foam while preserving the needle- like nanostructures. [0010-0020]
Hou et al. does not disclose wherein transition from the cobalt hydroxide to a cobalt oxide
Yang et al. discloses wherein transition from the cobalt hydroxide to a cobalt oxide
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the method of Hou et al. to include wherein using the electrothermal waves comprises transition from the cobalt hydroxide to a cobalt, as disclosed in Yang et al., to allow for high efficiency
With respect to claim 7, Hou et al. discloses wherein the using electrothermal waves comprises: synthesizing a cobalt oxide/nickel foam composite by using Joule heating applying electric energy so that nanorods are uniformly covered on the surface of the nickel foam (applying electric energy to both ends of the 3D porous substrate). [0026]
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hou et al. CN108314092 as applied to claim 1 above in further view of Hou et al. CN108314092 in view of Wu et al. (Thermal Shock‑Activated Spontaneous Growing of Nanosheets for Overall Water Splitting)
With respect to claim 9, Hou et al. does not disclose wherein the using electrothermal waves comprises: performing a pulse cycle with a heating duration of 5 seconds and a cooling duration of 20 seconds.
Wu et al. discloses a method for manufacturing an electrode, using electrical pulse heating/Joule heating and quick cooling to allow for fast, simple, and low-cost synthesis method [Abstract]
Although Wu et al. does not directly disclose performing a pulse cycle with a heating duration of 5 seconds and a cooling duration of 20 seconds, the duration of heating and cooling is a variable that can be modified by adjusting the time required by the heating and cooling treatment process increases. Thus, the precise claimed length of time for the heat treatment would have been considered a result effective variable by one having ordinary skill in the art at the effective filing date of the invention. As such, without showing unexpected results, the claimed time range of the heating and cooling treatment cannot be considered critical. Accordingly, one of ordinary skill in the art at the time of the invention would have optimized, by routine experimentation, the time duration of the heating/cooling treatment to obtain a desired substrate
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the method of Hou et al. to include wherein the using electrothermal waves comprises: performing a pulse cycle with a heating duration of 5 seconds and a cooling duration of 20 seconds, as disclosed in Wu et al., to allow for fast, simple, and low-cost synthesis method
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tran (US2019/0134598)
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/KIRAN QURAISHI AKHTAR/Primary Examiner, Art Unit 1751
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