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 .
Status of the Claims
The Amendment filed August 3, 2026 has been entered. Claims 7-9 have been amended; claims 11-18 are new; and claims 1-6 and 10 have been cancelled. Claims 7-9 and 11-18 are currently pending and examined herein.
Status of the Rejection
Applicant’s amendments to the Claims have overcome each objection and 112(b) rejections previously set forth in the Non-Final Office Action mailed May 5, 2026.
New grounds of claim objection are necessitated by the amendment as outlined below.
All 35 U.S.C. § 102 and 103 rejections from the previous office action are withdrawn in view of the Applicant’s amendment.
New grounds of rejection under 35 U.S.C. § 103 are necessitated by the amendments as outlined below.
Claim Objection
Claims 8 and 11 are objected to because of the following informalities:
Claim 8: please amend “glass particles” to – the glass particles--.
Claim 11: please amend “an electrode forms the first layer” to – [[an]] the electrode forms the first layer --; “forming the second layer; and” to -- forming the second layer; [[and]]--.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 7-9, 11-12, 15-16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Fikus et al. (US20030121309A1), and in view of Sakurai et al. (US4514277A). Stetter et al. (US20130126069A1) is used as an evidence for claims 9 and 11.
Regarding claim 7, Fikus teaches a process (a process for making an electrochemical sensor as shown in Fig.3 for measuring alcohol vapour concentration [title, Fig.3, para. 0042]) comprising the steps of:
manufacturing an electrode (manufacturing a working electrode 1 in Fig.3 [para. 0025, 0042]) by:
providing a composition (a mixture of platinum black and PTFE [para. 0042]) comprising: a metal configured to convert alcohol (platinum black configured to covert alcohol [para. 0042]); and a non-metallic material (PTFE [para. 0042]);
applying the composition to an inert porous carrier layer ( applying the composition on a Teflon support membrane [para. 0042]; The working electrode preferably comprises a substrate which is surrounded by or is soaked with an electrolyte. The substrate [matrix] may be a porous body made from polyvinyl chloride, polyethylene, glass-fiber fleece, ceramics, glass wool, powdered quartz, etc. [para. 0025]); and
providing an electrolyte in contact with the inert porous carrier layer and the electrode (The working electrode preferably comprises a substrate which is surrounded by or is soaked with an electrolyte. The substrate (matrix) may be a porous body [para. 0025]. Since the electrode is disposed on the inert porous carrier layer [porous substrate], which is surrounded by or is soaked with an electrolyte, the electrolyte is in contact with the inert porous carrier layer and the electrode).
Fikus teaches the working electrode 1 is fabricated from a mixture of platinum black and PTFE on a Teflon support membrane and afterwards sintered [para. 0042].
Fikus does not explicitly teach wherein the composition further comprises a dispersing agent, wherein the non-metallic material comprises glass, the metal and the non-metal material are in the form of particles, and at least partially removing the dispersing agent.
Sakurai teaches a composition (composition comprising metallic powder, glass powder and organic solvent in the form of a paste for making the electrode layer [Col. 3 Ln 66-68]) for making an electrode for use in an electrochemical gas sensor (Col. 2 Ln 10-13, 51-54; Col. 3 Ln 66-68), wherein the metallic powder as the material of the electrode layers is platinum (Col. 5 Ln 1-6), the non-metallic material comprises glass (glass powder [Col. 5 Ln 1-6]), and the dispersing agent is organic solvent such as butyl carbitol (Col. 3 Ln 66-68; Col. 5 Ln 1-6). Sakurai further teaches at least partially removing the dispersing agent (the electrodes were formed by a firing conducted in the air at 900 oC for 0.15h after a 0.5h drying at 120 oC [Col. 5 Ln 14-16]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the composition for the electrode in Fikus with the composition comprising particles of platinum, particles of glass, and a dispersing agent, and forming the electrode by at least partially removing the dispersing agent after the mixture/paste of the composition is applied to the inert porous carrier layer, as taught by Sakurai, since Sakurai teaches a suitable alternative composition in the form of a paste for making an electrode for electrochemical gas sensors (Col. 2 Ln 10-13, 51-54; Col. 3 Ln 66-68).
Regarding claim 8, Fikus teaches an electrode (a working electrode 1 in Fig.3 [para. 0042]) formed by a process comprising the steps of:
providing a composition (a mixture of platinum black and PTFE [para. 0042]) comprising: a metal configured to convert alcohol (platinum black for measuring alcohol vapour concentration [title; para. 0042]); and a non-metallic material (PTFE [para. 0042]);
applying the composition to an inert porous carrier layer ( on a Teflon support membrane [para. 0042]; The working electrode preferably comprises a substrate which is surrounded by or is soaked with an electrolyte. The substrate [matrix] may be a porous body made from polyvinyl chloride, polyethylene, glass-fiber fleece, ceramics, glass wool, powdered quartz, etc. [para. 0025]);
wherein the electrode is formed as an integral component of a layered structure (The working electrode preferably comprises a substrate [para. 0025]; the electrode is fabricated from a mixture of platinum black and PTFE on a Teflon support membrane [para. 0042]),
wherein the electrode is formed as a first layer of the layered structure (the electrode is fabricated from a mixture of platinum black and PTFE on a Teflon support membrane [para. 0042]; thus the electrode is formed as a first layer of the layered structure),
wherein the electrode comprises the metal and the non-metallic material (a mixture of platinum black and PTFE [para. 0042]),
wherein the electrode is configured as a measuring electrode (working electrode 1 [para. 0042]),
wherein the inert porous carrier layer is formed as a second layer of the layered structure (The working electrode preferably comprises a substrate which is surrounded by or is soaked with an electrolyte. The substrate [matrix] may be a porous body [para. 0025]; thus the inert porous carrier layer is formed as a second layer of the layered structure) , and
wherein the electrode is in combination with an electrolyte configured to wet the electrode and the inert porous carrier layer to form an electrochemical gas sensor for measuring alcohol (The working electrode preferably comprises a substrate which is surrounded by or is soaked with an electrolyte. The electrolyte preferably contains sulfuric acid. The opposite surfaces of the substrate are covered with a catalyst capable of oxidizing alcohol molecules and capable of reducing oxygen molecules, respectively [para. 0025]; Fig.3 shows the electrochemical sensor for or measuring alcohol vapour concentration).
Fikus teaches the working electrode 1 is fabricated from a mixture of platinum black and PTFE on a Teflon support membrane and afterwards sintered [para. 0042].
Fikus does not explicitly teach wherein the composition further comprises a dispersing agent, wherein the non-metallic material comprises glass, the metal and the non-metal material are in the form of particles, and at least partially removing the dispersing agent.
Sakurai teaches a composition (composition comprising metallic powder, glass powder and organic solvent in the form of a paste for making the electrode layer [Col. 3 Ln 66-68]) for making an electrode for use in an electrochemical gas sensor (Col. 2 Ln 10-13, 51-54; Col. 3 Ln 66-68), wherein the metallic powder as the material of the electrode layers is platinum (Col. 5 Ln 1-6), the non-metallic material comprises glass (glass powder [Col. 5 Ln 1-6]), and the dispersing agent is organic solvent such as butyl carbitol (Col. 3 Ln 66-68; Col. 5 Ln 1-6). Sakurai further teaches at least partially removing the dispersing agent (the electrodes were formed by a firing conducted in the air at 900 oC for 0.15h after a 0.5h drying at 120 oC [Col. 5 Ln 14-16]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the composition for the electrode in Fikus with the composition comprising particles of platinum, particles of glass, and a dispersing agent, and forming the electrode by at least partially removing the dispersing agent after the mixture/paste of the composition is applied to the inert porous carrier layer, as taught by Sakurai, since Sakurai teaches a suitable alternative composition in the form of a paste for making an electrode for electrochemical gas sensors (Col. 2 Ln 10-13, 51-54; Col. 3 Ln 66-68).
Regarding claim 9, modified Fikus teaches the electrode according to claim 8, wherein the electrode is porous (as outlined in the rejection of claim 8 above, the firing/curing step removes any solvent present, and fixes the electrode on the porous body of the substrate. As evidenced by Stetter: The method may further comprise a curing step where the sensor ink and porous substrate may be cured by heating or drying, for example, at about 150° C. for about 10 minutes in an oven. Further curing when using PTFE may require additional heating to about 280-300 C for one hour to form a suitable cured and porous diffusion electrode for gaseous reactions. The curing step may be used to remove any solvent present. The curing step is chosen to fix the electrode structure in whatever remaining composite porous or partially porous electrode exists [para. 0041 in Stetter]. Thus, the formed electrode after the firing step is porous).
Regarding claim 11, Fikus teaches a process (a process for making an electrochemical sensor as shown in Fig.3 for measuring alcohol vapour concentration [title, Fig.3, para. 0042]) comprising the steps of:
manufacturing an electrode (manufacturing a working electrode 1 in Fig.3 [para. 0025, 0042]) by:
providing a composition (a mixture of platinum black and PTFE [para. 0042]) comprising: a metal configured to convert alcohol (platinum black configured to covert alcohol [para. 0023, 0042]); and a non-metallic material (PTFE [para. 0042]);
applying the composition to an inert porous carrier layer ( on a Teflon support membrane [para. 0042]; The working electrode preferably comprises a substrate which is surrounded by or is soaked with an electrolyte. The substrate [matrix] may be a porous body made from polyvinyl chloride, polyethylene, glass-fiber fleece, ceramics, glass wool, powdered quartz, etc. [para. 0025]) to form a one-piece integrally connected electrode structure comprising a first layer and a second layer (Fig.3 shows the working electrode 1 is formed as a one-piece integrally connected electrode structure comprising a first layer [electrode layer] and a second layer [porous substrate]), wherein the electrode forms the first layer (as explained above, the electrode forms the first layer on the porous body of the substrate), the inertial porous carrier layer forming the second layer (the porous body of the substrate forming the second layer), and
providing an electrolyte in contact with the inert porous carrier layer and the electrode (The working electrode preferably comprises a substrate which is surrounded by or is soaked with an electrolyte. The substrate (matrix) may be a porous body [para. 0025]. Since the electrode is disposed on the inert porous carrier layer [porous substrate], which is surrounded by or is soaked with an electrolyte, the electrolyte is in contact with the inert porous carrier layer and the electrode).
Fikus teaches the working electrode 1 is fabricated from a mixture of platinum black and PTFE on a Teflon support membrane and afterwards sintered [para. 0042].
Fikus does not explicitly teach wherein the composition further comprises a dispersing agent, wherein the non-metallic material comprises glass, the metal and the non-metal material are in the form of particles, at least partially removing the dispersing agent, and the electrode being porous.
Sakurai teaches a composition (composition comprising metallic powder, glass powder and organic solvent in the form of a paste for making the electrode layer [Col. 3 Ln 66-68]) for making an electrode for use in an electrochemical gas sensor (Col. 2 Ln 10-13, 51-54; Col. 3 Ln 66-68), wherein the metallic powder as the material of the electrode layers is platinum (Col. 5 Ln 1-6), the non-metallic material comprises glass (glass powder [Col. 5 Ln 1-6]), and the dispersing agent is organic solvent such as butyl carbitol (Col. 3 Ln 66-68; Col. 5 Ln 1-6). Sakurai further teaches at least partially removing the dispersing agent (the electrodes were formed by a firing conducted in the air at 900 oC for 0.15h after a 0.5h drying at 120 oC [Col. 5 Ln 14-16]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the composition for the electrode in Fikus with the composition comprising particles of platinum, particles of glass, and a dispersing agent, and forming the electrode by at least partially removing the dispersing agent after the mixture/paste of the composition is applied to the inert porous carrier layer, as taught by Sakurai, since Sakurai teaches a suitable alternative composition in the form of a paste for making an electrode for electrochemical gas sensors (Col. 2 Ln 10-13, 51-54; Col. 3 Ln 66-68).
as outlined in the rejection above, the firing/curing step removes any solvent present, and fixes the electrode on the porous body of the substrate. As evidenced by Stetter: The method may further comprise a curing step where the sensor ink and porous substrate may be cured by heating or drying, for example, at about 150° C. for about 10 minutes in an oven. Further curing when using PTFE may require additional heating to about 280-300 C for one hour to form a suitable cured and porous diffusion electrode for gaseous reactions. The curing step may be used to remove any solvent present. The curing step is chosen to fix the electrode structure in whatever remaining composite porous or partially porous electrode exists [para. 0041 in Stetter]. Thus, the formed electrode is porous.
Regarding claim 12, modified Fikus teaches the process according to claim 11, wherein the electrode is configured to detect alcohol (the electrode is configured to detect alcohol vapour concentration [claim 1 and para. 0025 in Fikus]; thus, the electrode is configured to detect alcohol).
Regarding claim 15, modified Fikus teaches the process according to claim 11, wherein the metal comprises platinum (as outlined in the rejection of claim 11 above, the metal comprise platinum particles).
Regarding claim 16, modified Fikus teaches the process according to claim 11, and Sakurai teaches wherein the non-metallic material comprises glass in fiber structure (the glass powder consists of reinforcing glass fiber [claim 1]).
Regarding claim 18, modified Fikus teaches the process according to claim 11, and Fikus teaches wherein the electrode is in direct contact with the inert porous carrier layer (the electrode is fabricated from a mixture on a Teflon support membrane and afterwards sintered [para. 0042]; The working electrode preferably comprises a substrate which is surrounded by or is soaked with an electrolyte. The substrate (matrix) may be a porous body [para. 0025]; the mixture is substituted with composition of Sakurai, as outlined in the rejection of claim 11 above. Thus, the electrode is in direct contact with the inert porous carrier layer).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Fikus and Sakurai, as applied to claim 11 above, and in view of Mason (US20210206987A1).
Regarding claims 13-14, modified Fikus teaches the process according to claim 11, and is silent to wherein the dispersing agent is a volatile dispersing agent (of claim 13); and wherein the dispersing agent comprises ethanol, methanol, n-propanol and/or iso-propanol, and/or water (of claim 14).
Mason teaches a conductive ink composition comprising conductive solids and a medium, wherein the conductive solids comprise glass flakes coated with an electrically conductive coating (claim 17). Conductive inks have been widely used in the manufacture of conducting elements in printed circuits and sensor electrodes [para. 0001]. The conductive ink composition comprises a medium, functioning as a carrier for the conductive solids. Preferably, the conductive ink medium is any solvent suitable for marking processes such as printing or painting. The medium may be selected from the group comprising water, organic solvents, ionic solvents, liquid metals or metal alloys, or mixtures thereof. Preferably, the medium comprises an organic solvent selected from a group consisting of alcohols, aldehydes, ketones, ethylene glycol, ethers, dioxane, esters, hydrocarbons or aromatics, preferably C1-C16 hydrocarbons or aromatics, more preferably C1-C10 hydrocarbons or aromatics, and mixtures thereof. Examples of alcohols include methanol, ethanol, isopropanol, perfluoropropanol, 2-Methylpropan-1-ol, 1-butanol, 2-butanol, 2-butoxyethanol, 2-(2-Butoxyethoxy)ethanol and octanol [para. 0011]. Thus, Mason teaches alcohols as the organic solvent of a composition for making an electrode, wherein the alcohols include methanol, ethanol, and isopropanol.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the organic solvent such as butyl carbitol (which is a type of alcohol) in modified Fikus with the organic solvent comprising methanol, ethanol, or isopropanol, as taught by Mason, since Mason teaches alcohols including methanol, ethanol, and isopropanol would be suitable as the organic solvent functioning as a carrier for the conductive solids [para. 0011]. Furthermore, the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143 (I)(B)). Note that methanol, ethanol, and isopropanol are volatile dispersing agents (claim 13).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Fikus and Sakurai, as applied to claim 16 above, and in view of Zguris et al. (US20030180534A1).
Regarding claim 17, modified Fikus teaches the process according to claim 16, and is silent to wherein the fiber structure has a length of at least 1 pm and another dimension of at least 0.25 pm.
Zguris teaches glass fibers can be disposed in a paste used to form one or more of the electrodes [para. 0007]. Anode composition 114 and/or cathode composition 124 can include glass fibers having an average length of from 0.1 millimeter to 1.5 millimeters [para. 0051]. The glass fibers can have an average diameter of from 0.7 microns to 6.25 microns [para. 0063].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the glass fiber in modified Fikus to glass fiber having a length ranging from 0.1 millimeter to 1.5 millimeters and diameter of from 0.7 microns to 6.25 microns as the reinforcing material, as taught by Zguris, since the glass fibers would exhibit good electrical conductivity along their length when wet so that the glass fibers would not have a substantial undesirable impact on the electrical conductivity of the electrode material, and would actually enhance the conductivity of the electrode material [para. 0052 in Zguris ]. The disclosed length and diameter of the glass fibers fall, respectively, within the claimed ranges of the length and another dimension of the glass fiber structure.
Response to Arguments
Applicant's arguments, see Remarks Pgs. 6-9, filed 8/3/2026, with respect to the 35 U.S.C. § 103 rejections have been fully considered and all prior art rejections from the previous office action are withdrawn in view of the amendment.
Applicant’s Argument #1:
Applicant argues at pages 7-8 that the prior art does not teach the new features: electrolyte in contact with the inert porous carrier layer and the electrode, recited in independent claims 7-8 and 11.
Examiner’s Response #1:
Applicant’s arguments have been fully considered, but are moot in view of the new grounds of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIZHI QIAN whose telephone number is (571)272-3487. The examiner can normally be reached Monday-Thursday 8:00 am-5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luan V Van can be reached on 571-272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHIZHI QIAN/Primary Examiner, Art Unit 1795
