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 .
Claim Interpretation
Claim 3 recites “ inject a liquid electrode”, which has been interpreted as “inject a liquid electrolyte “ in view of instant specification [0005].
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US2020/0266406A1 (Cheng).
Regarding claims 1 and 2, Cheng teaches a method comprises preparing a polybenzimidazole-based separator, placing the separator in an oven of 150° C. for one hour and then taken out from the oven for cooling down ([0021] and [0063]), wherein the separator has a thermal shrinkage percentage of less than 3%, for example, 1.5 to 2.6% (Table 1), which meets the claimed method and shrinkage percentage.
Regarding claim 3, Cheng teaches a method for manufacturing an electrochemical device comprises placing the polybenzimidazole-based separator between a positive electrode and a negative electrode, and injecting an electrolyte is into the electrode assembly ([0025]), wherein the separator being heat treated at 60° C before cooling to room temperature([0047], [0052], [0054], [0056] and [0058]), which meets the claimed method.
Regarding claim 4, since Cheng teaches the same separator heat-treated at the same temperature, i.e., 60°C, as the claimed, the claimed shrinkage percentage would naturally arise and be achieved by Cheng’s separator under the same treatment temperature. "Products of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See MPEP § 2112.01.
Claims 1-7 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by "Highly proton conductive, dense polybenzimidazole membranes with low permeability to vanadium and enhanced H2SO4 absorption capability for use in vanadium redox flow batteries", Jung-Kyu JANG et al., Journal of Materials Chemistry A, vol. 4, No. 37, January 1, 2016, pages 14342-14355 (Jang), which is listed in Applicant’s information disclosure statement.
Regarding claim 1, Jang teaches a method comprises heating a polybenimidazole-based (PBI)separator membrane at 80°C and cooling to room temperature (p14344, right column, paragraph 3), which meets the claimed method.
Regarding claims 3 and 6-7, Jang teaches a method for preparing a redox flow battery (VRFB) comprises sandwiching the heat-treated PBI membrane between two carbon-felt electrodes and adding 100 mL volume of 1.65 M V3+/VO2+ in 4MH2SO4 as both the negative and positive electrolyte (p14345, right column, paragraph 3), which meets the claimed method, aqueous secondary battery and redox flow battery.
Regarding claims 2, 4 and 5, since Jang teaches the same separator heat-treated at the same temperature and immersed in the same electrolyte as instantly disclosed, the claimed shrinkage and expansion percentage would naturally arise and be achieved by Jang’s PBI membrane separator under the same treatment conditions. "Products of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See MPEP § 2112.01.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIQUN LI whose telephone number is (571)270-7736. The examiner can normally be reached Monday-Friday 9:00 am -4:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at 571-2721302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AIQUN LI/Ph.D., Primary Examiner, Art Unit 1766
Prosecution Insights