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 .
Summary
This is the initial Office Action based on the 18/653,332 application filed on 05/02/2024.
Claims 1-17 are currently pending and have been fully considered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
(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.
Claim(s) 1, 4-5, 11 and 15-16 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Miller et al. (US 2021/0075078). Further disclosure is made by Khasin et al. (US 8,142,938)
Addressing claim 1, Miller discloses a metal aqueous battery, comprising a double cell comprising a pair of single cells (fig. 1F shows two single cells arranged side by side), each single cell comprising:
an anode 110;
a cathode 120;
a separator 152 interposed between the anode and the cathode (fig. 1F);
a plate 150 comprising an internal space configured to accommodate the anode (figs. 1A-1F), wherein the internal space of the plate communicates with an outside via an opening (the opening within which the cathode 120 in positioned which is shown in fig. 1A) formed on one surface of the plate (fig. 1A); and
an anode current collector 150 seated in the internal space, wherein the anode current collector comprises a body having a shape of a container (fig. 1C) having an open upper part and a closed bottom surface so as to accommodate the anode (fig. 1C),
wherein the pair of single cells are stacked so that the cathodes face each other (fig. 1F), and
wherein a cathode current collector 122 is interposed between the pair of single cells (figs. 1A and 1F).
Addressing claim 4, fig. 1C shows the body 150 is in a form of a square barrel having an open upper part as claimed.
Addressing claim 5, figs. 1D-1E show the body comprises a first plate portion 140 close to the separator 150B and a second plate portion 150 configured to face the first plate portion, wherein first plate portion 140 and second plate portion 150 have an inclined shape from top to bottom.
Addressing claim 11, Miller discloses the cathode is made of catalyst attached to PTFE as the claimed carrier [0030]. Miller further discloses the catalyst is disclosed in Khasin et al. US 8,142,938 which is incorporated by reference in its entirety [0030]. Khasin discloses the catalyst for the cathode includes silver, which is a noble metal.
Addressing claims 15-16, Miller discloses the electrolyte 130 on the left side as the claimed anode electrolyte accommodated in a space between the anode 110 and the separator 152; and the electrolyte 130 on the right side as the claimed cathode electrolyte accommodated in a space between the cathode 120 and the separator 152. The anode electrolyte comprises KOH or NaOH as required by claim 16.
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miller et al. (US 2021/0075078) in view of Sata et al. (US 2015/0295291).
Addressing claim 3, Miller is silent regarding the limitation of current claim.
Sata discloses meta/air battery cell similarly to that of Miller; wherein, the anode current collector comprises an extension 16 having a shape of a panel configured to extend upwards from the body (fig. 9) and the extension is exposed to an outside of the plate and is connected to the cathode current collector by a conductive wire (the wire interconnecting the anode current collector to the external circuit that is connected to the cathode shown in fig. 9).
AT the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the battery of Miller with the anode current collector having the configuration disclosed by Sata in order to output the electrical current generated by the anode to the external circuit.
Claim(s) 8-10 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miller et al. (US 2021/0075078) in view of Chakraborty et al. (US 2020/0036002).
Addressing claims 8-10, Miller is silent regarding the limitation of current claims.
Chakraborty discloses a metal/air battery, similarly to that of Miller; wherein, the negative electrode, or the claimed anode, has a form of pellets 105 with an average diameter of 1 mm to 10 mm [0184] and comprises aluminum [0183].
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the anode of Miller with the anode has a form of pellets as disclosed by Chakraborty in order to increase electrical conductivity and storage capacity of the anode and battery (Chakraborty, [0136]).
Addressing claim 17, Miller discloses the electrolyte comprises hydrogen ions (KOH).
Miller is silent regarding cathode electrolyte comprises bicarbonate ions.
Chakraborty discloses bicarbonate additive is added to the electrolyte [0157].
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the electrolyte of Miller with bicarbonate additive as disclosed by Chakraborty in order to lower the rate of uptake of carbon dioxide from the air (Chakraborty, [0157]).
Allowable Subject Matter
Claims 2, 6-7, 12-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/BACH T DINH/Primary Examiner, Art Unit 1726 08/26/2026
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