DETAILED ACTION
The claims 1-20 are pending and presented for the examination.
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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 05/02/2025 and 06/26/2026 are being considered by the examiner.
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.
Claim 18 is 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.
Claim 18 depends from claim 17, which recites that the second portion of the surface area is covered by a solid aluminum metal film, but said claim 18 further recites that said second portion is absent of solid aluminum metal. These limitations are in contradiction with one another, and thus the metes and bounds of claim 18 are unclear and the claim is indefinite under USC 112.
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 1-7, 12, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rapp (US 2002/0125125 A1).
Regarding claim 1, Rapp teaches a TiB2 cathode comprising a porous body with interconnected porosity (see paragraph 0017). The interconnected porosity constitutes a directing feature because it is taught to be used to direct TiB2 and because it is taught to enhance the wettability of molten aluminum. As such, the product taught by Rapp meets each limitation of the instant claim 1, and the claim is anticipated by the prior art of record.
Regarding claim 2, the Rapp ceramic body cathode is configured equivalently to that of the instant claims and meets each structural limitation. The claim 2 limitation that the product is configured to direct aluminum is met because the Rapp product would be capable of such a function. Thus, the prior art of record meets the further limitations of the instant claim, and the claim is anticipated.
Regarding claim 3, the Rapp cathode is used with metallic aluminum, and as it is equivalent to the instantly claimed product, would be capable of directing metallic aluminum.
Regarding claims 4 and 6, the Rapp cathode comprises interconnected pores for directing wettable material.
Regarding claim 5, the interconnected porosity of the Rapp cathode would inherently direct through capillary action.
Regarding claim 7, Rapp teaches a TiB2 substrate comprising a porosity.
Regarding claim 12, the Rapp ceramic cathode is substantially rectangle-shaped (see Fig. 2).
Regarding claim 19, Rapp teaches that the inventive ceramic product is produced by first forming a porous net shape preform (ceramic precursor product) and thereafter subjecting the preform to elevated temperature to at least partially sinter the body, and react to form the titanium diboride material forming the cathode. As discussed above, the porosity in both the final titanium diboride body and in the net shape preform constitutes a directing feature. As further discussed above, the equivalent Rapp product would be capable of directing molten aluminum, and thus each limitation of instant claim 19 is met by the teachings of the prior art of record.
Regarding claim 20, Rapp teaches that the inventive product is a cathode suited for use in an aluminum production/purification cell.
Claims 1-4 and 9-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pawlek et al (US 4595475 A).
Regarding claim 1, Pawlek et al teaches a cathode configuration for use in aluminum production, wherein the cathode comprises a support portion and a wettable component coated thereupon. The support is foamed and preferably made from carbon (see column 3, lines 5-15), and the coating portion of the cathode is a material such as titanium diboride (ibid.). The cathode thus constitutes a ceramic substrate. Pawlek et al teaches embodiments wherein the cathode comprises a groove feature for directing molten aluminum (see column 3, lines 25-35). Each limitation of claim 1 is therefore met by the teachings of Pawlek et al, and the claim is anticipated by the prior art of record.
Regarding claim 2, Pawlek et al teaches that the inventive cathode is configured to direct aluminum flow, and thus would have the capability of the instant claim.
Regarding claim 3, the molten aluminum flow directed by the Pawlek et al grooves is metallic aluminum.
Regarding claim 4, the Pawlek et al cathode is a ceramic substrate into which are formed grooves (see Fig. 2).
Regarding claim 9, Pawlek et al teaches a cathode structure wherein grooves are present in the structure (see Fig. 2, item 44). These grooves can also constitute slots, as they would meet the accepted understanding of the definition thereof. The slot can further extend through the thickness of the substrate (see Fig. 3).
Regarding claim 10, the Pawlek et al cathode comprises portions on either side of the groove (slot) which would constitute prongs in that the project outward from the substrate (see Fig. 2, portions on either side of slot 44 that define the slot/groove by their inner surfaces).
Regarding claim 11, Pawlek et al teaches embodiments wherein the aluminum directing structure is a groove that extends part way into the substrate (see Fig. 2, item 44).
Regarding claim 12, the Pawlek et al cathode structure has a substantially rectangular shape.
Claims 1-8 and 13-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beck (US 2009/0166215 A1).
Regarding claim 1, Beck teaches a cell for aluminum production wherein the cell comprises ceramic cathodes having porosity that acts to cause migration of deposited molten aluminum to head pipes (see paragraph 0035). These porous alumina (ceramic) plates constitute a ceramic substrate and the porosity constitutes a directing feature as said molten aluminum is directed thereby. Each limitation of instant claim 1 is therefore met by the Beck teachings, and the claim is anticipated by the prior art of record.
Regarding claim 2, Beck teaches a product wettable by aluminum.
Regarding claim 3, the aluminum wettable by the Beck cathode is metallic aluminum.
Regarding claims 4 and 6, Beck teaches that the inventive cathode comprises pores as directing features.
Regarding claim 5, the porosity of the Beck cathode would inherently direct through capillary action.
Regarding claim 7, the Beck cathode comprises a porous ceramic substrate.
Regarding claim 8, Beck teaches that the porosity of the substrate is up to about 100 ppi (see paragraph 0035). This range lies essentially entirely within the range of the instant claim, and thus the further limitation of claim 8 is anticipated by the prior art of record.
Regarding claim 13, Beck teaches a cell for aluminum production wherein the cell comprises ceramic cathodes having porosity that acts to cause migration of deposited molten aluminum to head pipes (see paragraph 0035). These porous alumina (ceramic) plates constitute a ceramic substrate and the porosity constitutes a directing feature as said molten aluminum is directed thereby. Beck further teaches embodiments wherein the cathode is wrapped with aluminum foil (solid aluminum) to avoid molten bath contact with the porous titanium diboride surface during startup of the inventive cell. After electrical connection is established, aluminum metal is loaded into the reservoir and heat is applied, and thereafter additional powdered bath is added to the reaction so as to keep it going. Thus, a ceramic substrate having a covering of solid aluminum metal is taught by Beck, and the claim is anticipated by the prior art of record.
Regarding claim 14, wrapping with aluminum foil would necessarily lead to foil being pressed into open porosity, and thus solid metal within a directing feature.
Regarding claim 15, the directing feature of the Beck cathode is the open porosity, and any porous material will inherently have portions not comprising pores. As such, Beck teaches a substrate with an area comprising the directing feature (the pores) and an area not comprising said feature (the surface portions absent of pores).
Regarding claim 16, as discussed above, Beck teaches a cathode wrapped in aluminum foil (solid aluminum), and that the cathode comprises pores as directing features. The first area comprising the directing feature is thus covered by the solid aluminum metal.
Regarding claim 17, the aluminum foil covering taught by Beck constitutes a film.
Conclusion
10. No claim is allowed.
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH S WIESE whose telephone number is (571)270-3596. The examiner can normally be reached on Monday-Friday, 7:30am-4:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Orlando can be reached on 571-270-3149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOAH S WIESE/Primary Examiner, Art Unit 1731
NSW2 July 2026
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