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 .
Allowable Subject Matter
Claims 9 & 10 are allowed.
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 1-7 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.
Claims 1-7 are directed to an electrochemical cell assembly for aqueous rechargeable zinc-metal batteries however, the body of Claim 1 does not indicate how the electrochemical cell assembly functions for the intended function (“for aqueous rechargeable zinc-metal batteries”). Dependent claims are included here for the same indefinite issue.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 8 is rejected under 35 U.S.C. 102a (1) as being anticipated by, Yun et al, “Crosslinked sulfonated poly(vinyl alcohol)/sulfonated multi-walled carbon
nanotubes nanocomposite membranes for direct methanol fuel cells,” Journal of Membrane Science 380 (2011) 208– 215. Available online July 8, 2011.
Regarding Claim 8, Yun et al discloses the negatively charged dendrite inhibiting ionomer membrane comprising of crosslinked sulfonated polyvinyl alcohol (PVS) with polyvinyl alcohol (PVA), in a ratio range of 30:70 to 70:30 (See Figure 2 of Yun et al. There is negative charge distribution from the carbonyl and sulfonated groups as shown in the Figure. The function of dendrite inhibiting would be an inherent property since the membrane of Yun et al has the crosslinked sulfonated polyvinyl alcohol (PVS) with the polyvinyl alcohol (PVA) in the ratio range of 30:70 to 70:30.
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Conclusion
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/Bobby Ramdhanie/Supervisory Patent Examiner, Art Unit 1779