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
Claims 4-5 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant’s election without traverse of Group I, Claims 1-3 and 6-8, in the reply filed on 08/31/2026 is acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 12/12/2023 and 1/13/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings received on 12/12/2023 were reviewed and are acceptable.
Specification
The specification filed on 12/12/2023 was reviewed and is acceptable.
Claim Objections
Claim 3 is objected to because of the following informalities:
“cathode material is used to for a...” in line 1 should be replaced with –cathode material is used --.
Appropriate correction is required.
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) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kostoglaudis et al. (“Preparation and characterization of Pr1-xSrxMnO3 ± δ (x = 0, 0.15, 0.3, 0.4, 0.5) as a potential SOFC cathode material operating at intermediate temperatures (500–700 °C)”, hereinafter Kostogloudis), in view of Kharrat et al. (“Structural, electrical and dielectric properties of Bi-doped Pr0.8-xBixSr0.2MnO3 manganite oxides prepared by sol-gel process,” hereinafter Kharrat), cited in IDS filed 01/13/2026, and Li et al. (“Bismuth Doped Lanthanum Ferrite Perovskites as Novel Cathodes for Intermediate-Temperature Solid Oxide Fuel Cells”, hereinafter Li).
Regarding Claim 1, Kostogloudis discloses the limitations regarding a cathode material comprising a manganite-based perovskite comprising praseodymium strontium manganite (Kostoglaudis, compositions of Pr1-xSrxMnO3 ± δ have an orthorhombic perovskite-type structure and can function as a cathode in solid oxide fuel cells, Abstract).
Kostoglaudis is silent regarding a bismuth-doped manganite-based perovskite which is represented by Formula 1 below and in which praseodymium strontium manganite is deponed with bismuth:
PNG
media_image1.png
58
145
media_image1.png
Greyscale
wherein in the Formula 1, x is in a range of 0 < X < 0.5, and δ is in a range of 0 < δ < 2.
Kharrat discloses a bismuth-doped manganite-based perovskite which is represented by Formula 1 below and in which praseodymium strontium manganite is deponed with bismuth:
PNG
media_image1.png
58
145
media_image1.png
Greyscale
wherein in the Formula 1, x is in a range of 0 < X < 0.5 (Kharrat, Pr0.8-xBixSr0.2MnO3, x = 0, 0.05, and 0.1, Title;
Pr = Pr, and 0.8-x, wherein x = 0, 0.05, and 0.1, meeting the claimed range of 0 < X < 0.5;
Bi = Bi, and x = 0, 0.05, 0.1, meeting the claimed range of 0 < X < 0.5;
Sr = Sr, and 0.2 = 0.2;
Mn = Mn;
O = O.
Kostoglaudis and Kharrat are analogous to the current invention as they are all directed towards a manganite-based perovskite comprising praseodymium strontium manganite.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to try to use the bismuth-doped manganite-based perovskite having the chemical formula, Pr0.8-xBixSr0.2MnO3, x = 0, 0.05, and 0.1, of Kharrat as a cathode in the fuel cell of Kostoglaudis with a reasonable expectation of success, since Kostoglaudis discloses a cathode having the a nearly identical composition Pr1-xSrxMnO3 ± δ (see MPEP 2143 (D)).
Modified Kostoglaudis is silent regarding δ is in a range of 0 < δ < 2.
Li discloses a cathode material (Li, La0.8-xBixSr0.2FeO3-δ (0 ≤ x ≤ 0.8) as novel cathode material for intermediate-temperature solid oxide fuel cells, Abstract), wherein x is in a range of 0.2 < X < 0.4 (Li, 0 ≤ x ≤ 0.8, Abstract; the disclosed range of 0 ≤ x ≤ 0.8 overlaps the claimed range of 0.2 < X < 0.4).
Li explores the perovskite properties including oxygen nonstoichiometry coefficient (δ), average valence of Fe, sinterability, thermal expansion coefficient, electrical conductivity (σ), oxygen chemical surface exchange coefficient (Kchem), and chemical diffusion coefficient (Dchem) as a function of bismuth content (x) (Li, Abstract).
Specifically, Li discloses that the nonstoichiometry coefficient (δ) has a direction relationship with bismuth content (x), where for 0 ≤ x ≤ 0.8, 0.001 ≤ δ ≤ 0.1 (Li, Page 11288, Table 1). Li further discloses that the nonstoichiometry coefficient value is calculated from the XRD data using the Rietveld refinement method (Li, Page 11287, Paragraph starting with “The phase structures were investigated…”).
Modified Kostoglaudis and Li are analogous to the current invention as they are all directed towards a cathode material for a fuel cell comprising a bismuth doped perovskite comprising a similar composition and ratios.
The Examiner notes that while Kharrat’s compound does not have MnO3-δ, one of ordinary skill in the art would recognize that the actual chemical formula would have δ, since it is a nonstoichiometric coefficient, as further shown in the chemical formula of Kostoglaudis (Pr1-xSrxMnO3 ± δ) and Li (La0.8-xBixSr0.2FeO3-δ).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to recognize that the Pr0.8-xBixSr0.2MnO3 of modified Kostoglaudis would inherently include an oxygen nonstoichiometry coefficient (δ), specifically MnO3-δ, that is dependent on the bismuth content, as taught by Li, such that the δ value of modified Kostoglaudis, if calculated from the XRD data using the Rietveld refinement method, would have a value that would at least overlap the claimed range of 0 < δ < 2.
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 2, modified Kostoglaudis discloses all of the claim limitations as set forth above. Modified Kostoglaudis discloses the limitations regarding a cathode material (Kostoglaudis, a cathode in solid oxide fuel cells, Abstract), wherein in the Formula 1, x is in a range of 0.2 < X < 0.4 (Li, La0.8-xBixSr0.2FeO3-δ (0 ≤ x ≤ 0.8) as novel cathode material for intermediate-temperature solid oxide fuel cells, wherein X is the bismuth content, Abstract; the disclosed range of 0 ≤ x ≤ 0.8 overlaps the claimed range of 0.2 < X < 0.4).
Modified Kostoglaudis teaches that the lattice volume and oxygen vacancy concentration increase with x, electrical conductivity decreases with x, while the activation energy (Ea) for conductivity increases, which indicates increased oxygen ionic conduction at higher Bi dopant content, and both Dchem and Kchem increase with bismuth content (Li, Page 11292, Paragraph starting with “Bismuth is doped to…”).
Therefore, absent evidence of unexpected results obtained from utilizing the claimed bismuth content (x, where 0.2 < X < 0.4), it would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to have optimized the bismuth content (x) of the cathode material having the chemical Formula Pr0.8-xBixSr0.2MnO3 of modified Kostoglaudis, in order to arrive at a desired oxygen nonstoichiometry coefficient (δ), average valence of Fe, sinterability, thermal expansion coefficient, electrical conductivity (σ), oxygen chemical surface exchange coefficient (Kchem), and chemical diffusion coefficient (Dchem) of the cathode, since the bismuth content (x) of the cathode material are directly related to the oxygen vacancy concentration, oxygen chemical surface exchange coefficients, and chemical diffusion coefficient which optimizes the oxygen transport properties of the cathode material, as recognized by Li (see MPEP 2144.05 (II).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Claim(s) 3 and 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over in view of Kostoglaudis et al. (“Preparation and characterization of Pr1-xSrxMnO3 ± δ (x = 0, 0.15, 0.3, 0.4, 0.5) as a potential SOFC cathode material operating at intermediate temperatures (500–700 °C)”, hereinafter Kostogloudis), in view of Kharrat et al. (“Structural, electrical and dielectric properties of Bi-doped Pr0.8-xBixSr0.2MnO3 manganite oxides prepared by sol-gel process,” hereinafter Kharrat), cited in IDS filed 01/13/2026, and Li et al. (“Bismuth Doped Lanthanum Ferrite Perovskites as Novel Cathodes for Intermediate-Temperature Solid Oxide Fuel Cells”, hereinafter Li), as applied to Claim 1 above, and further in view of Hickey et al. (US 20050053812 A1, hereinafter Hickey).
Regarding Claim 3, modified Kostoglaudis discloses all of the claim limitations as set forth above. Modified Kostoglaudis discloses the limitations regarding a cathode material (Kostoglaudis, a cathode in solid oxide fuel cells, Abstract). Modified Kostoglaudis is silent regarding a cathode material is used to for a bidirectional solid oxide fuel cell.
Hickey discloses a cathode material is used for a bidirectional solid oxide fuel cell (Hickey, reversible fuel cell, specifically a solid oxide regenerative fuel cell (SORFC), comprising a positive electrode comprising a conductive perovskite ceramic material selected from Praseodymium Strontium Manganite ("PSM") preferably has a formula (PrxSr1-x)MnO3, [0003, 0017]).
Hickey teaches that a Praseodymium Strontium Manganite cathode is functional in a solid oxide regenerative fuel cell (Hickey, [0003, 0017]).
Modified Kostoglaudis and Hickey are analogous to the current invention as they are all directed towards a Praseodymium Strontium Manganite cathode in a fuel cell.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the bismuth-doped manganite-based perovskite of modified Kostoglaudis a cathode in the SORFC of Hickey with a reasonable expectation of success, since Hickey discloses a cathode having a nearly identical composition Pr1-xSrxMnO3 that is functional in a SORFC (see MPEP 2143 (D)).
Regarding Claim 6, modified Kostoglaudis discloses all of the claim limitations as set forth above. Modified Kostoglaudis discloses the limitations regarding a bidirectional solid oxide fuel cell comprising: a cathode manufactured with the cathode material (Hickey, a conductive perovskite ceramic material selected from Praseodymium Strontium Manganite ("PSM") used as a cathode in a SORFC, [0003, 0017]);
an electrolyte layer located on the cathode (Hickey, a SORFC includes a ceramic electrolyte, [0014]); and
an anode located on the electrolyte layer (Hickey, a negative or fuel electrode which is adapted to be negatively biased when the fuel cell operates in the fuel cell mode and in the electrolysis mode, [0014]).
Regarding Claims 7-8, modified Kostoglaudis discloses all of the claim limitations as set forth above. Modified Kostoglaudis discloses the limitations regarding a bidirectional solid oxide fuel cell (Hickey, a conductive perovskite ceramic material selected from Praseodymium Strontium Manganite ("PSM") used as a cathode in a SORFC, [0003, 0017]).
With respect to the limitations:
when 350 mA/Cm2 is applied to the cathode at 700 °C, a degradation rate of 6.3 × 10-7 V/h for 480 hours is exhibited (Claim 7);
a power density of 0.58 to 2.24 W/Cm2 at 600 to 750 ℃ is exhibited (Claim 8),
it is submitted that such limitations are simply measurements of, and thus descriptions of, inherent properties of the recited SORFC.
Applicant discloses a bidirectional fuel cell comprising a cathode material comprising
PNG
media_image1.png
58
145
media_image1.png
Greyscale
wherein in the Formula 1, x is in a range of 0 < X < 0.5, and δ is in a range of 0 < δ < 2 used for a bidirectional solid oxide fuel cell (Claims 1, 3, and 6).
Accordingly, it is reasonably interpreted that the cathode material and bidirectional fuel cell are critical to the recited degradation rate and power density such that it would fulfil the recited measurements and necessarily possess the inherent properties.
Modified Kostoglaudis discloses Pr0.8-xBixSr0.2MnO3, (Kharrat, Title), wherein 0 ≤ x ≤ 0.8, (Li, Abstract) used in a cathode in a SORFC (Hickey, [0003, 0017]). Further, modified Kostoglaudis teaches that the lattice volume and oxygen vacancy concentration increase with x, electrical conductivity decreases with x, while the activation energy (Ea) for conductivity increases, which indicates increased oxygen ionic conduction at higher Bi dopant content, and both Dchem and Kchem increase with bismuth content (Li, Page 11292, Paragraph starting with “Bismuth is doped to…”).
It is submitted that the cathode material of modified Kostoglaudis is substantially similar to the instant cathode material such that the cathode material of modified Kostoglaudis would reasonably possess the same properties and exhibit the same results.
Therefore, based upon such substantial similarities, it appears reasonable that the cathode material of modified Kostoglaudis would inherently possess physical properties, e.g. degradation rate and power density, such that the cathode material of modified Kostoglaudis would necessarily fulfill the recited limitations, i.e.
when 350 mA/Cm2 is applied to the cathode at 700 °C, a degradation rate of 6.3 × 10-7 V/h for 480 hours is exhibited (Claim 7);
a power density of 0.58 to 2.24 W/Cm2 at 600 to 750 ℃ is exhibited (Claim 8).
Assuming, arguendo, that such properties are not inherent, it is submitted that before the effective filing date of the current invention, one having ordinary skill in the art would find such properties obvious over the instant cathode material. The skilled artisan would reasonably find that the disclosed cathode material is so similar to the instant cathode material, that the prior art cathode material would also exhibit the following properties:
when 350 mA/Cm2 is applied to the cathode at 700 °C, a degradation rate of 6.3 × 10-7 V/h for 480 hours is exhibited (Claim 7);
a power density of 0.58 to 2.24 W/Cm2 at 600 to 750 ℃ is exhibited (Claim 8).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN NGUYEN whose telephone number is (703)756-1745. The examiner can normally be reached Monday-Thursday 9:50 - 7:50 ET.
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, NICHOLAS A SMITH can be reached at (571) 272-8760. 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.
/K.N./Examiner, Art Unit 1752
/OSEI K AMPONSAH/Primary Examiner, Art Unit 1752
Prosecution Insights