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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-18) in the reply filed on 09/22/2026 is acknowledged.
Claims 19-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09/22/2026.
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 2-5 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.
Claim 2 recites the limitation “the plane of extension of the first layer” in lines 3-4. There is insufficient antecedent basis for this limitation in the claims. Furthermore, a “first layer” does not inherently have only one plane of extension. Thus, it is unclear what this limitation is referring to. For examination purposes, “the plane of extension of the first layer” will be read as “a plane of extension of the first layer.”
Claim 3 recites the limitation “the plane of extension of the first layer” in line 3. There is insufficient antecedent basis for this limitation in the claims. Furthermore, a “first layer” does not inherently have only one plane of extension. Thus, it is unclear what this limitation is referring to. For examination purposes, “the plane of extension of the first layer” will be read as “a plane of extension of the first layer.”
Claim 4 recites the limitation “the plane of extension of the second layer” in line 4. There is insufficient antecedent basis for this limitation in the claims. Furthermore, a “second layer” does not inherently have only one plane of extension. Thus, it is unclear what this limitation is referring to. For examination purposes, “the plane of extension of the second layer” will be read as “a plane of extension of the second layer.”
Claim 5 recites the limitation “the plane of extension of the second layer” in line 3. There is insufficient antecedent basis for this limitation in the claims. Furthermore, a “second layer” does not inherently have only one plane of extension. Thus, it is unclear what this limitation is referring to. For examination purposes, “the plane of extension of the second layer” will be read as “a plane of extension of the second layer.”
Appropriate correction is required in order to overcome the indefiniteness rejections. Suggested corrections are bolded and underlined for emphasis only.
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.
(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.
Claims 1-16 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Niu et al. (US 7,842,432) (Niu).
Regarding claim 1, Niu discloses an electrochemical cell (abstract) comprising a layered structure (see Figs. 8A and 9A; Col. 28, line 56-Col. 29, line 52), the layered structure comprising at least a first layer (802) and a second layer (806), the first layer (802) and the second layer (806) being arranged adjacent to each other and forming a first interface (812) (see Figs. 8A and 9A; Col. 28, line 56-Col. 29, line 52), wherein the first interface (812) comprises a first plurality of elongated nanostructures (816) connected to a first surface of the first layer (802) facing the second layer (806), and a second plurality of elongated nanostructures (816) connected to a second surface of the second layer (806) facing the first layer (802) (see Fig. 9A; Col. 28, line 56-Col. 29, line 52), the first plurality of elongated nanostructures (816) and the second plurality of nanostructures (816) being mechanically entangled (intertwined) (see Fig. 9A; Col. 29, lines 5-52).
Regarding claims 2 and 4, Niu discloses all of the limitations as set forth above for claim 1. Niu further discloses that the first elongated nanostructures (816) and the second elongated nanostructures (816) can be oriented in parallel to each other and extend along a direction perpendicular to a plane of extension of the first layer (802) and a plane of extension of the second layer (806), respectively (see Fig. 9B; Col. 31, lines 22-56), reading on all of the limitations in claims 2 and 4.
Regarding claims 3 and 5, Niu discloses all of the limitations as set forth above for claim 1. Niu further discloses that the first elongated nanostructures (816) and the second elongated nanostructures (816) are highly branched and intertwined (see Figs. 8A, 9A, and 10-12; Col. 29, line 5-Col. 30, line 21). Thus, it is clear that at least some of the elongated nanostructures (816) comprised in the first and second plurality of elongated nanostructures (816) contain portions that extend along a direction parallel to a plane of extension of the first layer (802) and a plane of extension of the second layer (806), respectively (see Figs. 8A, 9A, and 10-12).
Regarding claims 6 and 7, Niu discloses all of the limitations as set forth above for claim 1. Niu further discloses that the first and second plurality of elongated nanostructures (816) can comprise elongated carbon nanotubes, carbon nanowires, or carbon nanofibrils (Col. 3, line 45-Col. 4, line 3; Col. 31, lines 4-21), anticipating the claimed carbon nanostructures in claim 6 and the claimed list of alternatives in claim 7.
Regarding claim 8, Niu discloses all of the limitations as set forth above for claim 1. Niu further discloses that the first and the second elongated nanostructures (816) comprise a semiconductor (Col. 3, line 45-Col. 4, line 3; Col. 31, lines 4-21), anticipating the claimed list of alternatives.
Regarding claims 9 and 10, Niu discloses all of the limitations as set forth above for claim 1. Niu further discloses that the first and second plurality of elongated nanostructures (816) can be partially coated with catalyst particles (814) ([0163]), wherein the catalyst particles (814) can comprise gold, platinum, or a platinum group metal (platinum-ruthenium) (Col. 4, line 62-Col. 5, line 19; Col. 5, line 50-Col. 6, line 8; Col. 7, lines 7-20; Col. 7, line 55-Col. 8, line 10; Col. 26, lines 32-61; Col. 31, lines 22-56; Col. 32, lines 26-43), anticipating the claimed list of alternatives in claim 10. Furthermore, given that gold and platinum are corrosion resistant materials, it is inherent that the catalyst particles (814) would act as a protective coating arranged to increase a resistant to corrosion. Thus, Niu anticipates all of the limitations in claims 9 and 10.
Regarding claims 11 and 14, Niu discloses all of the limitations as set forth above for claim 1. Niu discloses another embodiment in which the electrochemical cell is a fuel cell comprising a layered structure (see Fig. 43; Col. 46, lines 38-59), the layered structure comprising a first conductive element (first end plate) and a second conductive element (second end plate), the layered structure further comprising a first porous transport layer (first gas diffusion layer) and a second porous transport layer (second gas diffusion layer) arranged adjacent to the respective first and second conductive elements (end plates) (see Fig. 43), a first electrocatalyst layer (first catalyst metal-associated nanowires) and a second electrocatalyst layer (second catalyst metal-associated nanowires) arranged adjacent to the respective first and second porous transport layer (gas diffusion layers) (see Fig. 43), and an ion exchange membrane (proton conducting membrane) arranged in between the first and second electrocatalyst layers (catalyst metal-associated nanowires) (see Fig. 43; Col. 46, lines 38-59). Given that both the first and second porous transport layers (gas diffusion layers) and the first and second electrocatalyst layers (catalyst metal-associated nanowires) are composed of the elongated nanostructures discussed in claim 1 (Col. 46, lines 38-59), any two of the adjacent layers in the layered structure can be respectively considered the claimed first and second layers since there would necessarily be mechanically entangled nanostructures at each interface. Thus, the embodiment shown in Fig. 43 also reads on all of the limitations in claim 1. Finally, regarding the limitation in claim 14 requiring that the electrochemical cell be an electrolyzer, examiner notes that this limitation is merely an intended use limitation that does not require any additional structure not already present in the fuel cell disclosed by Niu. Indeed, electrolyzers merely perform the opposite electrochemical reaction as fuel cells, using electricity to split water into hydrogen and oxygen instead of forming water and electricity from hydrogen and oxygen fuels. Thus, the electrochemical cell disclosed by Niu, in containing all of the required structure of claim 14, would clearly be capable of being used as an electrolyzer by reversing the electrochemical reaction. Thus, Niu satisfies all of the limitations in claims 11 and 14.
Regarding claims 12 and 15, Niu discloses all of the limitations as set forth above for claims 11 and 14, respectively. As set forth above, since both the first and second porous transport layers (gas diffusion layers) and the first and second electrocatalyst layers (catalyst metal-associated nanowires) disclosed by Niu are composed of the elongated nanostructures discussed in claim 1 (Col. 46, lines 38-59), any two of the adjacent layers in the layered structure can be respectively considered the claimed first and second layers since there would necessarily be mechanically entangled nanostructures at each interface. Thus, Niu anticipates the limitation that the first layer is any of the first and second conductive elements (end plates) and the second layer is the respective first or second porous transport layer (gas diffusion layer).
Regarding claims 13 and 16, Niu discloses all of the limitations as set forth above for claims 11 and 14, respectively. As set forth above, since both the first and second porous transport layers (gas diffusion layers) and the first and second electrocatalyst layers (catalyst metal-associated nanowires) disclosed by Niu are composed of the elongated nanostructures discussed in claim 1 (Col. 46, lines 38-59), any two of the adjacent layers in the layered structure can be respectively considered the claimed first and second layers since there would necessarily be mechanically entangled nanostructures at each interface. Thus, Niu anticipates the limitation that the first layer is any of the first and second porous transport layers (gas diffusion layer) and the second layer is the respective first or second electrocatalyst layer (catalyst metal-associated nanowires).
Claims 1-7 and 11-16 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Liu et al. (US 2009/0117437) (Liu) (of record).
Regarding claim 1, Liu discloses an electrochemical cell comprising a layered structure (title; abstract; see Fig. 6), the layered structure comprising at least a first layer (608 or 610) and a second layer (606), the first layer (608 or 610) and the second layer (606) being arranged adjacent to each other and forming a first interface (see Fig. 6; [0047]). Liu further discloses that the second layer (606) is composed of elongated nanostructures (carbon nanotubes) (see Fig. 3; [0009]; [0021]; [0047]; [0049]). Thus, since the second layer (606) is connected to the first layer (608 or 610) (see Fig. 6; [0047]), it is clear that the elongated nanostructures within the second layer (606) that are connected to the first layer (608 or 610) read on the claimed first plurality of elongated nanostructures connected to a first surface of the first layer (608 or 610) and facing the second layer (606), and the elongated nanostructures within the second layer (606) connected to an opposite interface than the first interface read on the claimed second plurality of elongated nanostructures connected to a second surface of the second layer (606) facing the first layer (608 or 610). Furthermore, Liu discloses that the elongated nanostructures within the second layer (606) are entangled with each other (see Fig. 3; [0009]; [0021]; [0049]), reading on the limitation that the first plurality of elongated nanostructures and the second plurality of elongated nanostructures are mechanically entangled.
Regarding claims 2 and 4, Liu discloses all of the limitations as set forth above for claim 1. Liu further discloses that the first and second elongated nanostructures within the second layer (606) are isotropic, uniformly dispersed, and arranged in disorder (see Fig. 3; [0021]; [0049]). Thus, it is clear that at least some of the elongated nanostructures comprised in the first and second plurality of nanostructures contain portions that are oriented in parallel to each other and extend along a direction perpendicular to a plane of extension of the first layer (608 or 610) and a plane of extension of the second layer (606), respectively (see Fig. 3).
Regarding claims 3 and 5, Liu discloses all of the limitations as set forth above for claim 1. Liu further discloses that the first and second elongated nanostructures within the second layer (606) are isotropic, uniformly dispersed, and arranged in disorder (see Fig. 3; [0021]; [0049]). Thus, it is clear that at least some of the elongated nanostructures comprised in the first and second plurality of elongated nanostructures contain portions that extend along a direction parallel to a plane of extension of the first layer (608 or 610) and a plane of extension of the second layer (606), respectively (see Fig. 3).
Regarding claims 6 and 7, Liu discloses all of the limitations as set forth above for claim 1. Liu further discloses that the first and second elongated nanostructures within the second layer (606) comprise carbon nanotubes ([0047]), anticipating the claimed carbon nanostructures in claim 6 and the claimed list of alternatives in claim 7.
Regarding claims 11 and 14, Liu discloses all of the limitations as set forth above for claim 1. Liu further discloses that the electrochemical cell is a fuel cell (600) comprising a layered structure (see Fig. 6; [0047]), the layered structure comprising a first conductive element (610) and a second conductive element (610) (see Fig. 6; [0047]), the layered structure further comprising a first porous transport layer (606) and a second porous transport layer (606) arranged adjacent to the respective first and second conductive element (610) (see Fig. 6; [0047]), a first electrocatalyst layer (608) and a second electrocatalyst layer (608) arranged adjacent to the respective first and second porous transport layer (606) (see Fig. 6; [0047]), and an ion exchange membrane (602) arranged in between the first and second electrocatalyst layer (602) (see Fig. 6; [0047]). Regarding the limitation in claim 14 requiring that the electrochemical cell be an electrolyzer, examiner notes that this limitation is merely an intended use limitation that does not require any additional structure not already present in the fuel cell (600) disclosed by Liu. Indeed, electrolyzers merely perform the opposite electrochemical reaction as fuel cells, using electricity to split water into hydrogen and oxygen instead of forming water and electricity from hydrogen and oxygen fuels. Thus, the electrochemical cell (600) disclosed by Liu, in containing all of the required structure of claim 14, would clearly be capable of being used as an electrolyzer by reversing the electrochemical reaction. Thus, Liu satisfies all of the limitations in claims 11 and 14.
Regarding claims 12 and 15, Liu discloses all of the limitations as set forth above for claims 11 and 14, respectively. Liu further discloses that the first layer (610) is any of the first and second conductive elements (610), and the second layer (606) is the respective first or second porous transport layer (606) (see Fig. 6; [0047]).
Regarding claims 13 and 16, Liu discloses all of the limitations as set forth above for claims 11 and 14, respectively. Under an alternative interpretation, examiner now considers the layer (606) identified in claim 1 above as the claimed first layer and the layer (608) identified in claim 1 above as the claimed second layer. As such, it is clear that Liu discloses that the first layer (606) is any one of the first and second porous transport layer (606), and the second layer (608) is the respective first or second electrocatalyst layer (608) (see Fig. 6; [0047]).
Claims 1, 6-7, and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Uehara et al. (JP 2014093192 with English Machine Translation) (of record).
Regarding claim 1, Uehara discloses an electrochemical cell comprising a layered structure (title; see Fig. 1), the layered structure comprising at least a first layer (12) and a second layer (14), the first layer (12) and the second layer (14) being arranged adjacent to each other and forming a first interface (see Fig. 1; [0017]), wherein the first interface comprises a first plurality of elongated nanostructures (11) connected to a first surface of the first layer (12) facing the second layer (14), and a second plurality of elongated nanostructures (13) connected to a second surface of the second layer (14) facing the first layer (12) (see Fig. 1; [0017]), the first plurality of elongated nanostructures (11) and the second plurality of elongated nanostructures (13) being mechanically entangled (see Fig. 1; [0017]).
Regarding claims 6 and 7, Uehara discloses all of the limitations as set forth above for claim 1. Uehara further discloses that the first (11) and second (13) plurality of elongated nanostructures comprise carbon nanotubes ([0017]), anticipating the claimed carbon nanostructures in claim 6 and the claimed list of alternatives in claim 7.
Regarding claim 17, Uehara discloses all of the limitations as set forth above for claim 1. Uehara further discloses that the electrochemical cell is a battery (lithium-ion secondary battery) comprising at least one layered structure (see Fig. 1; [0017]), the layered structure comprising a current collector (12) and an active layer (14), where the active layer (14) comprises an electrode material (see Fig. 1; [0017]; [0021]).
Regarding claim 18, Uehara discloses all of the limitations as set forth above for claim 17. Uehara further discloses that the first layer (12) is the current collector (12), and the second layer (14) is the active layer (14) in the at least one layered structure (see Fig. 1; [0017]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDON C DARBY whose telephone number is (571)272-1225. The examiner can normally be reached Monday - Friday: 7:30am - 5:00pm.
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, Katelyn Smith can be reached at (571) 270-5545. 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.
/BRENDON CHARLES DARBY/Examiner, Art Unit 1749
Prosecution Insights