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 Group I to claims 1-11 in the reply filed on 5/11/2026 is acknowledged.
Claims 12-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/11/2026.
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 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 1-11 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over EP 3587622 of Fujii et al.
As to claims 1 and 8, Fujii teaches of an electrode comprising a structure AxA’(1-x)NiyB’(1-y)O3-z on a substrate (Fujii, [0013], [0043]). As per Example 15 in Table 2 the structure is LaNiyNb1-yO3-z, thus anticipating the structure LaNixNby-O3-z as per the claim limitation.
As to the initial double layer capacitance, this is a property of the composition and thus must be present (see MPEP 2112.01 II).
Alternatively, even if Fujii does not anticipate the double layer capacitance, it would be obvious as Fujii teaches the double layer capacitance of the structures is between 0.15 F/cm2 to 1.5 F/cm2, thus deeming obvious the claimed range in view of the disclosed range of Fujii (Fujii, [0052]) which allows for improved reactivity and durability of the structure.
Therefore it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Fujii to disclose the claimed range in order to improve reactivity and durability of the structure.
As to claims 2, 3, 5, and 7 as Fujii teaches the structure of claim 1, the properties are also disclosed (see MPEP 2112.01 II).
As to claim 4, Fujii teaches the metal oxide composition is present at an amount between 20 g/m2 to 300 g/m2 which allows for reasonable overvoltage of the composition to be obtained and maintained (Fujii, [0076]), thus deeming obvious the claimed range (see MPEP 2144.05 I).
Therefore it would have been obvious to one of ordinary skill the art, before the effective filing date of the claimed invention, to modify Fujii as per the desired claimed range in order to obtain and maintain a reasonable overvoltage of the composition.
As to claim 6, Fujii teaches that NiyB1-y, wherein 0 [Symbol font/0x3C] y ≤ 1, thus deeming obvious the claimed structure (Fujii, [0013], [0043]), such that the overall structure allows for improved conductivity and oxygen generating ability due to the presence of the B site elements (Fujii, [0043]).
Therefore it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Fujii to obtain the desired composition in order to facilitate improved conductivity and oxygen generating ability due to the presence of the B site elements.
As to claims 9-11, Fujii teaches to the structure of the claimed invention.
Fujii additionally teaches that the oxide layer has a thickness between 1 micron and 50 micron (Fujii, [0065]), such that the porosity can be optimized to increase the surface area of the electrolysis (Fujii, [0071]).
Therefore it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Fujii so as to optimize the porosity (and thus pores per area) in order to allow for improved durability and reactivity of the composition at hand.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W COHEN whose telephone number is (571)270-7961. The examiner can normally be reached M-F: 9 am to 5 pm EST.
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BRIAN W. COHEN
Primary Examiner
Art Unit 1759
/BRIAN W COHEN/Primary Examiner, Art Unit 1759
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