DETAILED ACTION
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 (i.e., claims 1-24) in the reply filed on 06/09/25 is acknowledged.
Applicant's election with traverse of Species I-A-1, I-B-3 and I-C-2 (i.e., 2-4, 5, 6-9, 12, 13, 17-18, 19 and 24) in the reply filed on 10/31/25 is acknowledged. The traversal is on the ground(s) that “the search and examination of all currently pending claims would not pose an undue burden on the Examiner”. This is not found persuasive because as set forth in the 07/02/25 election of species, Species I-A-1, I-B-3 and I-C-2 encompass a material/composition and/or structural/mechanical feature different from that of Species I-A-1, Species I-B-1/2/4 and Species I-C-1/3/4/5/6. In this respect, applicant has not yet provided any specific technical reason(s) or objective explanation to clearly support Species I-A-1, I-B-3 and I-C-2 are not mutually exclusive in terms of either their material/composition, structures, functional aspects, cooperative relationship, chemical properties and/or mechanical features and the likes within the context of the claimed invention. Further, applicant has not yet admitted on the written record that, or submitted or identified evidence to show, all Species I-A, I-B and I-C are obvious variants. Therefore, the embodiments of Species I-A, I-B and I-C represent distinct and mutually exclusive species which do not overlap in scope. Moreover, applicant's attention is particularly directed to MPEP 809.02(a) which indicates how to identify species by illustrative figures, examples, mechanical means, particular materials, or other distinguishing characteristics. Accordingly, serious burden would be raised if the search of such different species was made as required for the separate, distinct and mutually exclusive species or embodiments.
The requirement is still deemed proper and is therefore made FINAL.
Priority
This application is a C-I-P of application S/N 17/341487, filed on 06/08/21.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/07/23 was considered by the examiner.
Drawings
The drawings were received on 12/07/23.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9, 12-13, 17-19 and 24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1-4 and 17, the term "type(s)" renders the claims indefinite because the claims include elements not actually disclosed (those encompassed by "type"), thereby rendering the scope of the claims unascertainable.
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.
Claims 1-9, 12-13, 17-19 and 24 are rejected under 35 U.S.C. 102a1 as being anticipated by Pintauro et al 2017/0250431.
As to claims 1-6, 19:
Pintauro et al disclose that it is known in the art to make a multi-fiber/composite dispersion inks (0136) for a fuel cell electrode/membrane electrode assembly (i.e., electrochemically active material) (Abstract; 0027-0028; 0030-0035) comprising a dual/multi-fiber-based material comprising one or more polymers and/or particles, thereby forming a fiber mat which may include multiple types of fibers and may further include particles of a catalyst including Pt particles/alloy particles, Pt on carbon particles, precious metal particles, precious metal on carbon particles, precious metal based alloys, precious metal based alloys on carbon particles , or Ag/Ni/Fe/Pd particles/alloy particles, non-platinum group metal (PGM) or combinations thereof (0013-0015; 0022; 0018-0021, 0091; 0105-0106; Abstract; 0006; 0016-0025; 0030-0035). Pintauro et al disclose polymer binders (0016; 0023). Figures 13 and 18 provide structural illustration of the fiber-mat including catalyst particles with a binder.
PNG
media_image1.png
308
511
media_image1.png
Greyscale
PNG
media_image2.png
343
695
media_image2.png
Greyscale
As to claim 7, 12-13, 17-18:
Pintauro et al teach polymer binders including one of nafion and PVDF (i.e., applicant’s materially undefined ionomer binder polymer with repeating units) (0016; 0023; 0025). Pintauro et al disclose the use of more than one polymer (examiner’s note: these additional polymers are taken to represent applicant’s materially undefined polymer dispersant and carrier polymer) (Abstract; 0013-0014; 0016; 0018; 0023; 0027; 0030-0038; 0041; 0089-0092; see Claims 1-2, 5, 9, 14, 22, 25, 27-29). Pintauro et al teach carrier polymers (0131) such as poly(acrylic acid)(PAA) (0062-0064; 0122; 0124; see Table 1) and polyethylene oxide (PEO) (0119-0121; see Example ONE)
As to claims 8-9:
Pintauro et al teach inks/dispersions containing alcohol/water solvents (0136).
As to claim 24:
Pintauro et al disclose spinning and/or electrospinning techniques (0057-0058; 0088; 0112-0113; FIGURE 7) and/or that the fibers are electrospun fibers, thereby implicitly formed by electrospinning (0006).
Thus, the present claims are anticipated.
(at least) Claims 1-6 are rejected under 35 U.S.C. 102a1 as being anticipated by the publication CN 109860630 (herein called CN’630).
As to claims 1-6:
CN’630 discloses that it is known in the art to make a multi-fiber/composite dispersion inks for fuel cells and fuel cell polymer membranes (i.e., electrochemically active material) comprising polymer nanofiber catalyst slurry wherein the Pt/C catalyst is dispersed on the surface of the polymer nanofibers (Abstract; 0002-0006; 0020-0025).
Thus, the present claims are anticipated.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND ALEJANDRO whose telephone number is (571)272-1282. The examiner can normally be reached Monday-Thursday (8:00 am-6:30 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, Nicholas A. Smith can be reached on (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.
/RAYMOND ALEJANDRO/
Primary Examiner
Art Unit 1752
Prosecution Insights