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 Claims
Claims 1-12 are pending and under consideration on the merits.
Examiner Note
It is noted that all references hereinafter to Applicant’s Specification are to the published application US 2024/0222615 A1, unless stated otherwise. Further, it is noted that italicized text in parentheses recited in any rejection under 35 U.S.C. 103 indicates the element of the claimed invention to which the preceding prior art element corresponds. Additionally, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon.
Claim Objections
Claim 1 is objected to because of the following informality:
Regarding claim 1, “and wherein” constitutes improper grammar/formatting, due to the excessive spacing between the two words, which hinders the readability of the claim. In order to overcome the objection, the following amendment is respectfully suggested: only having one space between the two words.
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.
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.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Ide (US 2020/0203761 A1; “Ide”) in view of Parkkima et al. (Eur. J. Inorg. Chem. 2014, Pages 4056–4067; “Parkkima”).
Regarding claim 1, Ide discloses a fluoride ion battery (for a fluoride ion battery) [0009-0014, 0021, 0032-0034, 0045-0046] including a cathode layer [0013-0014, 0038], of which further includes a cathode active material (an electrode active material) [0038-0039]. The cathode active material comprises, inter alia a metal oxide (a metal composite oxide) [0038-0039].
It is noted that the phrase “for a fluoride ion battery” is only recited in the preamble and does not require any specific structural limitations, and therefore, the phrase is considered to merely recite a statement of intended use (MPEP 2111.02, II).
Ide remains silent regarding a specific first metal atom, second metal atom, third metal atom, and non-metal atom with their respective composition ratios, as defined by claim 1.
Parkkima is directed towards YBaCo4O7-based functional oxide material [Abstract, Pages 4056-4057]. Parkkima teaches that The YBaCo4O7 phase is metastable in oxygen-containing atmospheres at low temperatures [Synthesis section], and has been used as a cathode material for solid oxide fuel cells [Introduction section]. The YBaCo4O7 crystal structure readily accepts various substituents at all the cation sites, allowing for chemical flexibility, with the ability for co-substitution [Introduction section, Cation Substitutions section, Impact of Chemical Substitutions section]. Additionally, terbium can fully substitute yttrium in YBaCo4O7 [Cation Substitutions section]. YBaCo4O7+δ phase has a unique ability to reversibly absorb and desorb large amounts of oxygen at low temperatures [Oxygen Nonstoichiometry and Absorption/Desorption Characteristics section, Conclusions and Outlook section].
Ide and Parkkima each constitute prior art which is directly analogous to the claimed invention – ------metal composite oxide. In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cathode active material of Ide so that the metal oxide is YBaCo4O7, as it has a unique ability to reversibly absorb and desorb large amounts of oxygen, and great chemical flexibility [Introduction section, Cation Substitutions section, Oxygen Nonstoichiometry and Absorption/Desorption Characteristics section, Conclusions and Outlook section].
In accordance with the aforesaid modifications, the cathode active material of modified Ide would have the metal oxide be YBaCo4O7, thereby reading on the metal composite oxide defined by each and every limitation of claim 1, wherein Y reads on a first metal atom, Ba reads on a second metal atom, Co reads on a third metal atom, and O reads on at least one non-metal atom. YBaCo4O7 reads on each and every ratio range defined by claim 1, specifically, Ba/Y is 1, of which is within the claimed ratio range, 0.8 or greater and 1.2 or smaller; Co/Y is 4, of which is within the claimed ratio range, 3.8 or greater and 4.2 or smaller; and O/Y is 7, of which is within the claimed ratio range, 6.9 or greater and 8.5 or smaller, thereby satisfying each and every ratio range (MPEP 2131.03).
Regarding claim 2, the rejection of claim 1 above reads on the metal composite oxide defined by claim 2.
Regarding claim 3, the rejection of claim 2 above reads on the metal composite oxide defined by claim 3.
Regarding claim 4, the rejection of claim 3 above reads on the metal composite oxide defined by claim 4.
Regarding claim 5, Ide discloses a fluoride ion battery (for a fluoride ion battery) [0009-0014, 0021, 0032-0034, 0045-0046] including a cathode layer [0013-0014, 0038], of which further includes a cathode active material (an electrode active material) [0038-0039]. The cathode active material comprises, inter alia a metal oxide (a metal composite oxide) [0038-0039].
It is noted that the phrase “for a fluoride ion battery” is only recited in the preamble and does not require any specific structural limitations, and therefore, the phrase is considered to merely recite a statement of intended use (MPEP 2111.02(II)).
Ide remains silent regarding the metal composite oxide having a composition represented by Formula (1) as defined by claim 5.
Parkkima is directed towards YBaCo4O7-based functional oxide material [Abstract, Pages 4056-4057]. Parkkima teaches that The YBaCo4O7 phase is metastable in oxygen-containing atmospheres at low temperatures [Synthesis section], and has been used as a cathode material for solid oxide fuel cells [Introduction section]. The YBaCo4O7 crystal structure readily accepts various substituents at all the cation sites, allowing for chemical flexibility, with the ability for co-substitution [Introduction section, Cation Substitutions section, Impact of Chemical Substitutions section]. Additionally, terbium can fully substitute yttrium in YBaCo4O7 [Cation Substitutions section]. YBaCo4O7+δ phase has a unique ability to reversibly absorb and desorb large amounts of oxygen at low temperatures [Oxygen Nonstoichiometry and Absorption/Desorption Characteristics section, Conclusions and Outlook section].
Ide and Parkkima each constitute prior art which is directly analogous to the claimed invention – ------metal composite oxide. In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cathode active material of Ide so that the metal oxide is YBaCo4O7, as it has a unique ability to reversibly absorb and desorb large amounts of oxygen, and great chemical flexibility [Introduction section, Cation Substitutions section, Oxygen Nonstoichiometry and Absorption/Desorption Characteristics section, Conclusions and Outlook section].
In accordance with the aforesaid modifications, the cathode active material of modified Ide would have the metal oxide be YBaCo4O7, thereby reading on a metal composite oxide having a composition represented by Formula (1) defined by each and every limitation of claim 5, wherein Y reads on M1, Ba reads on M2, Co reads on M3, and O reads on X. YBaCo4O7 reads on each and every variable range defined by claim 5, specifically, Ba is 1, of which is within the claimed range, 0.8 ≤ p ≤ 1.2; Co is 4, of which is within the claimed range, 3.8 ≤ q ≤ 4.2; and O is 7, of which is within the claimed range, 6.9 ≤ r ≤ 8.5, thereby satisfying each and every variable range (MPEP 2131.03).
Regarding claim 6, the rejection of claim 5 above reads on the metal composite oxide defined by claim 6.
Regarding claim 7, the rejection of claim 6 above reads on the metal composite oxide defined by claim 7.
Regarding claim 8, the rejection of claim 7 above reads on the metal composite oxide defined by claim 8.
Regarding claim 9, the rejection of claim 1 above is incorporated herein by reference, not repeated for sake of brevity. Modified Ide discloses that the fluoride ion battery cathode layer (an electrode for a fluoride ion battery) [0013-0014, 0038-0039] comprises the cathode active material set forth above in the rejection of claim 1.
Regarding claim 10, the rejection of claim 5 above is incorporated herein by reference, not repeated for sake of brevity. Modified Ide discloses that the fluoride ion battery cathode layer (an electrode for a fluoride ion battery) [0013-0014, 0038-0039] comprises the cathode active material set forth above in the rejection of claim 5.
Regarding claim 11, the rejection of claim 9 above is incorporated herein by reference, not repeated for sake of brevity. Modified Ide discloses that the fluoride ion battery comprises the cathode active material set forth above in the rejection of claim 9, and a solid electrolyte (an electrolyte) [0001, 0009-0015, 0022-0037].
Regarding claim 12, the rejection of claim 10 above is incorporated herein by reference, not repeated for sake of brevity. Modified Ide discloses that the fluoride ion battery comprises the cathode active material set forth above in the rejection of claim 10, and a solid electrolyte (an electrolyte) [0001, 0009-0015, 0022-0037].
Pertinent Prior Art
The following constitutes a list of prior art which are not relied upon herein, but are considered pertinent to the claimed invention and/or written description thereof. The prior art are purposely made of record hereinafter to facilitate compact/expedient prosecution, and consideration thereof is respectfully suggested.
Miki et al., US 2017/0237067 A1 – is directed towards an active material for a fluoride ion battery represented by the following, An+1BnO3n+1−αFx; wherein A is composed of at least one of an alkaline earth metal element and a rare earth element; B is composed of at least one of Mn, Co, Ti, Cr, Fe, Cu, Zn, Ni, Zr, Nb, Mo, Ru, Pd, W, Re, Si, and Sb; “n” is 1 or 2; “α” satisfies 0≦α≦2; and “x” satisfies 0≦x≦2.2 [Abstract, 0009-0014, 0029-0056].
Nakayama et al., US 2016/0087274 A1 – is directed towards an anode active material with the following composition A′Ak−1BkO3k+1; wherein A′ is at least one kind of K and Na, A is at least one kind of La, Ce, Pr, Nd, Sm, Eu, Gd, Ca and Sr, B is Nb, and k is 2, 3 or 4 [Abstract, 0009-0010, 0023-0026, 0028-0032].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNA X. COLTON whose telephone number is (571)272-2210. The examiner can normally be reached Monday-Friday 8AM-5PM.
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/JENNA X. COLTON/Examiner, Art Unit 1782
/Eli D. Strah/Primary Examiner, Art Unit 1782
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