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 .
Election/Restrictions
Applicant’s election without traverse of Species I ( in the reply filed on 04/29/2026 is acknowledged.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-4, 6-8, 10, 12, 14-15, and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Amendola et al. (US20120021303A1).
Regarding claim 1, Amendola discloses an electrochemical cell (See annotated Fig. 1 below) comprising; a vessel (See Fig. 1, plastic frame 100a and 100b); at least two instances of an anode assembly (See Fig. 1, metal electrodes 104a, 104b, and 104c); at least two instances of an oxygen evolution electrode (OEE) (See Fig. 1, carbon and catalyst 112 in air electrodes 102a, 102b, and 102c); and a gas diffusion electrode (GDE) (See Fig. 1, hydrophobic membrane 110 in air electrodes 102a, 102b, and 102c) wherein, in the vessel, the GDE is disposed between mirrored arrangements (See Fig. 1).
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Regarding claim 2, Amendola discloses the electrochemical cell (See annotated Fig. 1 above) of claim 1, wherein from one side of the vessel to another side of the vessel, the mirrored arrangements include a first instance of the anode assembly (See Fig. 1, metal electrode 104b), a first instance of the OEE (See Fig. 1, carbon and catalyst 112 in air electrode 102a) , the GDE (See Fig. 1, hydrophobic membrane 110 in air electrode 102a), a second instance of the OEE (See Fig. 1, carbon catalyst 112 in air electrode 102b), and a second instance of the anode assembly (See Fig. 1, metal electrode 104c).
Regarding claim 3, Amendola discloses the electrochemical cell (See annotated Fig. 1 above) of claim 1, wherein, from one side of the vessel to another side of the vessel, the mirrored arrangements include a first instance of the OEE (See Fig. 1, carbon and catalyst 122 in air electrode 102a), a first instance of the anode assembly (See Fig. 1, metal electrode 104a), the GDE (See Fig. 1, hydrophobic membrane 110 in air electrode 102b), a second instance of the anode assembly (See Fig. 1, metal electrode 104c), and a second instance of the OEE (See Fig. 1, carbon and catalyst 112 in air electrode 102c).
Regarding claim 4, Amendola discloses the electrochemical cell (See annotated Fig. 1 above) of claim 1, further comprising an electrolyte (See Fig. 1, electrolyte 106a and 106b) disposed in the vessel (See Fig. 1, plastic frame 100a and 100b), wherein the at least two instances of the anode assembly (See Fig. 1, metal electrodes 104a, 104b, and 104c), the at least two instances of the OEE (See Fig. 1, carbon and catalyst 112 in air electrodes 102a, 102b, and 102c), and the gas diffusion electrode (See Fig. 1, hydrophobic membrane 110 in air electrodes 102a, 102b, and 102c) are each at least partially immersed in the electrolyte in the vessel (See Fig. 1).
Regarding claim 6, Amendola discloses the electrochemical cell (See annotated Fig. 1 above) of claim 1, wherein the GDE (See Fig. 1, hydrophobic membrane 110 in air electrodes 102a and 102c) defines an air passage ([0108] air permeable hydrophobic catalytic membrane) between two faces of the GDE (See Fig. 1, hydrophobic membrane 110 in air electrodes 102a and 102c).
Regarding claim 7, Amendola discloses the electrochemical cell (See annotated Fig. 1 above) of claim 1, wherein the GDE is a bifacial electrode ([0105] porous carbon air electrode, which reads on bifacial because it has two faces) sealed on three edges (See Fig. 1), and the bifacial electrode includes two electrode sheets (See Fig. 1, hydrophobic membrane 110 and expanded titanium 114) and a flow field ([0108] air permeable hydrophobic catalytic membrane) therebetween.
Regarding claim 8, Amendola discloses the electrochemical cell (See annotated Fig. 1 above) of claim 7, wherein the flow field ([0108] air permeable hydrophobic catalytic membrane) includes serpentine channels, folded channels, or a combination thereof ([0105] porous carbon air electrode, which reasonably reads on being “serpentine ” because in order for gas to diffuses it necessarily needs serpentine channels in a gas diffusion electrode).
Regarding claim 10, Amendola discloses the electrochemical cell (See annotated Fig. 1 above) of claim 7, further comprising a one or more standoffs ([0135] gap between air electrode and metal electrode), and/or an electrode holder (See Fig. 1, plastic frame 100a and 100b) supporting the at least two instances of the anode assembly, the GDE, and the at least two instances of the OEE in the vessel (See Fig. 1).
Regarding claim 12, Amendola discloses the electrochemical cell (See annotated Fig. 1 above) of claim 1, wherein the vessel (Fig. 1, plastic frame 100a and 100b) includes a cell demisting structure and/or a flame arrestor structure associated with a headspace of the vessel ([0106] expanded metal titanium current collector screen).
Regarding claim 14, Amendola discloses the electrochemical cell (See annotated Fig. 1) of claim 1, wherein the at least two instances of the anode assembly (See Fig. 1, metal electrodes 104a, 104b, and 104c) at least two instances of the OEE (See Fig. 1, carbon and catalyst 112 in air electrodes 102a, 102b, and 102c), and the GDE (See Fig. 1, hydrophobic membrane 110 in air electrodes 102a, 102b, and 102c) are each constrained from moving relative to one another in the vessel ([0106] fixed distance).
Regarding claim 15, Amendola discloses the electrochemical cell (See annotated Fig. 1 above) of claim 1, wherein outer walls of the vessel are formed by the at least two instances of the anode assembly (See Fig. 1).
Regarding claim 22, Amendola discloses the electrochemical cell (See annotated Fig. 1 above) of claim 1, wherein the electrochemical cell is a zinc-air type battery cell ([0105] zinc-air cells).
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.
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.
Claims 5, 9, 11, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Amendola et al. (US20120021303A1).
Regarding claim 5, Amendola discloses the electrochemical cell (See annotated Fig. 1 above) of claim 1, wherein the vessel (See Fig. 1, plastic frame 100a and 100b) includes a lid ([0199] air electrode forms the sealed cover) but does not disclose the lid including a nested trough, bellows, a flange seal, a hot welded joint, and/or a laser welded joint.
Amendola, however, discloses in another embodiment wherein the lid ([0199] air electrode forms the sealed cover) includes a hot welded joint or a laser welded joint [(0128) metal electrode or the air electrode welded to one another).
Amendola is analogous prior art to the current invention because it is concerned with the same field of endeavor, namely zinc-air battery cells.
It would have been obvious for one of ordinary skill in the art at the time of the invention before the effective filing date to have modified the vessel (See Fig. 1, plastic frame 100a and 100b) including the lid ([0199] air electrode forms the sealed cover) of Amendola such that the vessel utilizes the lid that includes a hot welded joint or a laser welded joint [(0128) metal electrode or the air electrode welded to one another) in order to result a sealed joint in the electrochemical cell.
Regarding claim 9, Amendola discloses the electrochemical cell (See annotated Fig. 1 above) of claim 7, wherein the flow field ([0108] air permeable hydrophobic catalytic membrane) mechanically separates two faces of the bifacial electrode ([0105] porous carbon air electrode, which reads on bifacial because it has two faces). Amendola also discloses in the electrode that the expanded titanium is a current collector ([0106]). Amendola does not disclose explicitly that the flow field electrically separates two faces of the bifacial electrode.
It is well within the ambit of one of ordinary skill in the art to know that the expanded titanium current collector face of the GDE would have a higher current density than the opposite face of the GDE. Therefore, one of ordinary skill in the art can deduce that the flow field electrically separates two faces of the bifacial electrode because the face of the GDE with the current collector would have a higher current density than the opposite face of the GDE. It would have been obvious for one of ordinary skill in the art at the time of the invention before the effective filing date to reasonably understand that the flow field as both mechanically and electrically separating two faces of the bifacial electrode.
Regarding claim 11, Amendola discloses the electrochemical cell (See annotated Fig. 1 above) of claim 1, and the vessel (See Fig. 1, plastic frame 100a and 100b), but does not include an electronics structure providing distributed electrode switching.
Amendola, however, discloses in another embodiment that the electrochemical cell may include an electronics structure providing distributed electrode switching ([0089] switching diodes). Amendola also discloses that the switching diodes only allow the electrode to be utilized during cell charge to protect from reverse currents during cell discharge ([0089]).
It would have been obvious for one of ordinary skill in the art at the time of the invention before the effective filing date to have modified the vessel (See Fig. 1, plastic frame 100a and 100b) of Amendola such that the vessel includes an electronics structure providing distributed electrode switching ([0089]) switching diodes) in order to selectively allow an electrode to be utilized during cell charge to protect from reverse currents during cell discharge ([0089]).
Regarding claim 16, Amendola discloses the electrochemical cell (See annotated Fig. 1 above) of claim 1, but does not disclose the limitations of claim 16.
Amendola, however, discloses in an additional embodiment that the vessel includes a plurality of ribs on outer walls of the vessel, the plurality of ribs spaced apart from one another to define a plurality of channels between successive ribs ([0215] ridges, grooves, channels, protrusions, or holes may be provided in the plastic frame).
It would have been obvious for one of ordinary skill in the art at the time of the invention before the effective filing date to have modified the vessel (See Fig. 1, plastic frame 100a and 100b) of Amendola such that the vessel includes a plurality of ribs on outer walls of the vessel, the plurality of ribs spaced apart from one another to define a plurality of channels between successive ribs ([0215] ridges, grooves, channels, protrusions, or holes may be provided in the plastic frame) because utilizing one known material in place of another for an electrochemical cell is well within the ambit of one of ordinary skill in the art. MPEP 2144.07 “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination.”
Regarding claim 17, Amendola discloses the electrochemical cell (See annotated Fig. 1) of claim 16, wherein the plurality of channels are of different heights ranging from a smaller height at a bottom portion of the vessel to a larger height at a top portion of the vessel (See Fig. 1).
Regarding claim 18, Amendola discloses the electrochemical cell (See annotated Fig. 1 above) of claim 16, wherein the vessel is formed from acrylonitrile butadiene styrene (ABS), polypropylene (PP), or polyethylene terephthalate (PET) ([0106] polypropylene (PP), acrylonitrile butadiene styrene (ABS), polyethylene terephthalate (PET)).
Claims 13 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Amendola et al. (US20120021303A1) as applied to claim 1 above, and further in view of Thurmund (US9472833B1).
Regarding claim 13, Amendola discloses the electrochemical cell (See annotated Fig. 1 above) of claim 1 and at least two instances of the anode assembly (See Fig. 1, metal electrodes 104a, 104b, and 104c). Amendola also discloses that the metal electrodes are zinc electrodes ([0106]). Amendola does not disclose that the at least two instances of the anode assembly include metal stamped sheets.
Thurmund discloses a zinc-air battery in which a zinc anode assembly includes metal stamped sheets ([Column 7, Line 64] metallic sheet).
Amendola and Thurmund are analogous prior art to the current invention because they concerned with the same field of endeavor, namely zinc-air battery cells.
It would have been obvious to one having ordinary skill in the art at the time of the invention before the effective filing date to modify the at least two instances of the anode assembly of the electrochemical cell of Amendola such that the at least two instances of the anode assembly include metal stamped sheets of Thurmund because utilizing one known material in place of another for an electrochemical cell is well within the ambit of one of ordinary skill in the art. MPEP 2144.07 “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination.”
Regarding claim 20, Amendola discloses the electrochemical cell (See annotated Fig. 1 above) of claim 1 but does not disclose any of the limitations of claim 20.
Thurmond discloses a zinc-air battery further comprising a separator ([Column 14, line 14] separator 400), wherein the separator is a sheet ([Column 14, Line 15] prismatic sheet) disposed between one instance of the OEE and the GDE and/or between one instance of the OEE and one instance of the anode assembly ([Column 12, Line 43-44] separator can be configured to provide physical isolation between the cathode and anode). Thurmund also discloses that the isolation between the cathode and the anode is to prevent shorting and electrode reactions that could heat up and damage the battery. ([Column 12, line 44-55])
It would have been obvious to one having ordinary skill in the art at the time of the invention before the effective filing date to modify the electrochemical cell of Amendola such that the electrochemical cell includes a separator that is a sheet between one instance of the OEE and one instance of the anode assembly as taught by Thurmond in order to prevent shorting and electrode reactions that could heat up and damage the battery.
Regarding claim 21, Amendola discloses the electrochemical cell (See annotated Fig. 1 above) of claim 20 but does not disclose a sheet is supported on one instance of the OEE.
Thurmond discloses a zinc-air battery wherein a sheet is supported on one instance of the OEE ([Column 14, Lines 1-2] one of the two opposing surfaces 406 and 410 may be facing a cathode).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Amendola et al. (US20120021303A1) as applied to claim 1 above, and further in view of Guo (US20110189590A1).
Regarding claim 19, Amendola discloses the electrochemical cell (See annotated Fig. 1 above) of claim 1 and a vessel (Fig. 1, plastic frame 100a and 100b). Amendola does not disclose that the vessel is a bag physically supported by a module into which the electrochemical cell is insertable.
Gou discloses a metal-air cell wherein a vessel is a bag physically supported by a module into which the electrochemical cell is insertable ([0072] housing can be a flexible pouch ). Guo also discloses that the sealed housing contains the electrodes and electrolyte with oxygen entry ports to allow oxygen to enter ([0055]).
Amendola and Guo are analogous prior art to the current invention because they concerned with the same field of endeavor, namely metal-air battery cells.
It would have been obvious to one having ordinary skill in the art at the time of the invention before the effective filing date to modify the vessel in the electrochemical cell of Amendola such that the vessel includes a bag physically supported by a module into which the electrochemical cell is insertable as taught by Guo in order to contain the electrodes and electrolyte with oxygen entry ports to allow oxygen to enter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAN N TRAN whose telephone number is (571)270-0183. The examiner can normally be reached Mon-Thurs 7:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at 5702701487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAN NGUYEN TRAN/Examiner, Art Unit 1754
/JAMES M ERWIN/Primary Examiner, Art Unit 1725 06/03/2026
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