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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because it is not provided on a separate sheet under the heading “Abstract” or “Abstract of the Disclosure”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The disclosure is objected to because of the following informalities:
In Paragraph [0063], there are two informalities. The first is a typo in “hexafluorophophates”, which is missing an ‘s’ and should be written as “hexafluorophosphates”. The second is the lack of a space between a numerical value and unit of measurement. The sentence “… by first charging a 2L flask with 35g of…” should be rewritten as “… by first charging a 2 L flask with 35 g of…”.
Appropriate correction is required.
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 10 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 10 recites the limitation "the pyridinium compound according to formula (1C)" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. The formula (1C) is introduced in claim 5 and comprises, among others, the following limitations:
“wherein at least one of R1, R2, R3, R4 and R5 is the methoxy group”
“wherein at least one of R1 or R5 is not hydrogen”
There is no pyridinium compound in the group described by Claim 9 (formula (1D)-(1LL)) which meets these limitations. It should be noted, in the original set of claims, the limitation “wherein at least one of R1 or R5 is not hydrogen” was a separate claim (Claim 6) and was not a part of Claim 5. With this limitation removed, the pyridinium compound (1U) would meet the limitations of Claim 5 and the rejection of Claim 10 would be overcome.
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) 1-3, 5, 9, and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Finsy et al (US 20220029193 A1).
Regarding Claim 1,
Finsy teaches a pyridinium compound with six R-groups as seen in Paragraph [0062]. The R-groups are independent of one another and may represent the following atoms and/or groups (Paragraph [066]):
Hydrogen atom
Saturated or unsaturated linear, branched, or cyclic hydrocarbon of up to 18 carbons optionally substituted one or more times with:
Halogen atoms
An amino group
An imino group
An amide group
An ether group
An ester group
A hydroxyl group
A carboxyl group
A carbamoyl group
A cyano group
A sulfone group
A sulfite group
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[AltContent: textbox (Annotated Finsy)]The pyridinium structure of Finsy has been annotated below to include R1-R6 for the sake of clarity. In an embodiment of the Finsy pyridinium compound, The R1 group is substituted with a dimethylphenyl ring, R2 and R6 have been substituted with methyl groups, and R4 has been substituted with a phenyl ring. This corresponds to the structure under formula (1D) of the instant application. Using the R-group positions seen in formula (1B) of the instant application as a reference, R1 and R5 are selected as hydrogen atoms; R2, R3, and R4 are selected as hydrogen atoms; R6 and R10 are selected as methyl groups; R7 and R9 are selected as hydrogen atoms; R8 is selected as a hydrogen atom; and at least one of R1-R10 is not hydrogen.
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Regarding Claim 2,
Finsy teaches pyridinium compound according to claim 1, wherein at least one of R1, R5, R6, or R10 is not hydrogen. In this embodiment, R6 and R10 are selected as methyl groups
Regarding Claim 3,
Finsy teaches the pyridinium compound of claim 1, specifically an embodiment matching the formula (1D) of the instant application. Reduction potential is an inherent property to a chemical compound and so the pyridinium compound of Finsy will have the same reduction potential as formula (1D) of the instant application. As seen in Table 1 of the instant application, the reduction potential of this compound is -1.60 V vs Fc/Fc+, which lies between the range of -1.54 to -1.83 V vs Fc/Fc+.
Regarding Claim 5,
Finsy teaches a pyridinium compound with six R-groups as seen in Paragraph [0062]. The R-groups are independent of one another and may represent the following atoms and/or groups (Paragraph [066]):
Hydrogen atom
Saturated or unsaturated linear, branched, or cyclic hydrocarbon of up to 18 carbons optionally substituted one or more times with:
Halogen atoms
An amino group
An imino group
An amide group
An ether group
An ester group
A hydroxyl group
A carboxyl group
A carbamoyl group
A cyano group
A sulfone group
A sulfite group
[AltContent: textbox (Examiner Created Structure)]
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[AltContent: textbox (Annotated Finsy)]The pyridinium structure of Finsy has been annotated below to include R1-R6 for the sake of clarity. In an embodiment of the Finsy pyridinium compound, The R1 group is substituted with a butyl group, R2 and R6 have been substituted with methyl groups, and R4 has been substituted with a phenyl ring containing a methyl group and a methoxy (ether) group. Using the R-group positions seen in formula (1C) of the instant application as a reference, R1 is selected as a hydrogen atom; R5 is selected as a methyl group; R2 and R4 are selected as hydrogen atoms; R3 is selected as a methoxy group; R’ is selected as an unbranched alkyl group; at least one of R1, R2, R3, R4 and R5 is the methoxy group; R’ includes two carbons or more; and one of R1 or R5 is not hydrogen.
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Regarding Claim 9,
Finsy teaches a pyridinium compound with six R-groups as seen in Paragraph [0062]. The R-groups are independent of one another and may represent the following atoms and/or groups (Paragraph [066]):
Hydrogen atom
Saturated or unsaturated linear, branched, or cyclic hydrocarbon of up to 18 carbons optionally substituted one or more times with:
Halogen atoms
An amino group
An imino group
An amide group
An ether group
An ester group
A hydroxyl group
A carboxyl group
A carbamoyl group
A cyano group
A sulfone group
A sulfite group
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[AltContent: textbox (Annotated Finsy)]The pyridinium structure of Finsy has been annotated below to include R1-R6 for the sake of clarity. In an embodiment of the Finsy pyridinium compound, The R1 group is substituted with a dimethylphenyl ring, R2 and R6 have been substituted with methyl groups, and R4 has been substituted with a phenyl ring. This corresponds to the structure under formula (1D) as seen in Claim 9.
Regarding Claim 10,
Finsy teaches the pyridinium compound of claim 9, specifically an embodiment matching the formula (1D) of the instant application. Reduction potential is an inherent property to a chemical compound and so the pyridinium compound of Finsy will have the same reduction potential as formula (1D) of the instant application. As seen in Table 1 of the instant application, the reduction potential of this compound is -1.60 V vs Fc/Fc+, which lies between the range of -1.54 to -1.83 V vs Fc/Fc+.
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Finsy.
Regarding Claim 7,
Finsy teaches the pyridinium compound of Claim 5, but is silent on the reduction potential of the compound. As there are no structures in the instant application which match the limitations of Claim 5 and formula (1C), there is no point of reference for the reduction potential which may be obtained from the instant application. However, as reduction potential is an inherent property of a chemical compound, any structure described by Finsy which matches a structure according to formula (1C) as claimed in the instant application with a reduction potential between -1.54 to -18.3 V vs Fc/Fc+ would also have a reduction potential within this range.
Claims 4, 8, and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Finsy in view of Kim (US 20230024358).
Regarding Claim 4,
Finsy teaches the pyridinium compound according to claim 1, but is silent on any interaction with an oxidizable moiety from ferrocene, carbazole, phenazine, phenoxazine, phenothiazine, phenothiazine-5-oxide, phenothiazine-5,5-dioxide, benzoquinone, or cyclopropenium. However, Kim teaches a cathode active material 16 and an anode active material 20 which may contain phenoxazine, phenothiazine, phenazine, cyclopropenium, and derivatives thereof (Paragraphs [0049] and [0077]). The active materials 16/20 are in contact with an electrolyte 30 (Paragraph [0038] and [0071]) which may comprise a pyridinium derivative (Paragraph [0105]). The combining of a pyridinium derivative with an oxidizable moiety from phenoxazine, phenothiazine, phenazine, or cyclopropenium is a known method which will yield predictable results, therefore it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to use the oxidizable moieties listed in Kim as active materials in the battery taught by Finsy.
Regarding Claim 8,
Finsy teaches the pyridinium compound according to claim 5, but is silent on any interaction with an oxidizable moiety from ferrocene, carbazole, phenazine, phenoxazine, phenothiazine, phenothiazine-5-oxide, phenothiazine-5,5-dioxide, benzoquinone, or cyclopropenium. However, Kim teaches a cathode active material 16 and an anode active material 20 which may contain phenoxazine, phenothiazine, phenazine, cyclopropenium, and derivatives thereof (Paragraphs [0049] and [0077]). The active materials 16/20 are in contact with an electrolyte 30 (Paragraph [0038] and [0071]) which may comprise a pyridinium derivative (Paragraph [0105]). The combining of a pyridinium derivative with an oxidizable moiety from phenoxazine, phenothiazine, phenazine, or cyclopropenium is a known method which will yield predictable results, therefore it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to use the oxidizable moieties listed in Kim as active materials in the battery taught by Finsy.
Regarding Claim 11,
Finsy teaches the pyridinium compound according to claim 9, but is silent on any interaction with an oxidizable moiety from ferrocene, carbazole, phenazine, phenoxazine, phenothiazine, phenothiazine-5-oxide, phenothiazine-5,5-dioxide, benzoquinone, or cyclopropenium. However, Kim teaches a cathode active material 16 and an anode active material 20 which may contain phenoxazine, phenothiazine, phenazine, cyclopropenium, and derivatives thereof (Paragraphs [0049] and [0077]). The active materials 16/20 are in contact with an electrolyte 30 (Paragraph [0038] and [0071]) which may comprise a pyridinium derivative (Paragraph [0105]). The combining of a pyridinium derivative with an oxidizable moiety from phenoxazine, phenothiazine, phenazine, or cyclopropenium is a known method which will yield predictable results, therefore it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, to use the oxidizable moieties listed in Kim as active materials in the battery taught by Finsy.
Regarding Claim 12,
Finsy teaches a battery comprising two electrodes and an electrolyte comprising an ionic liquid containing the pyridinium compound according to claim 1. Finsy does not teach the battery is a redox flow battery.
However, Kim teaches a redox flow battery comprising an anode 18, a cathode 14, and an electrolyte 30 comprising a pyridinium compound. The pyridinium compound taught by Kim is not particularly limited, so substituting the pyridinium compound of Kim for that of Finsy would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, and would be expected to yield predictable results.
Regarding Claim 13,
Finsy teaches a battery comprising two electrodes and an electrolyte comprising an ionic liquid containing the pyridinium compound according to claim 5. Finsy does not teach the battery is a redox flow battery.
However, Kim teaches a redox flow battery comprising an anode 18, a cathode 14, and an electrolyte 30 comprising a pyridinium compound. The pyridinium compound taught by Kim is not particularly limited, so substituting the pyridinium compound of Kim for that of Finsy would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, and would be expected to yield predictable results.
Regarding Claim 14,
Finsy teaches a battery comprising two electrodes and an electrolyte comprising an ionic liquid containing the pyridinium compound according to claim 9. Finsy does not teach the battery is a redox flow battery.
However, Kim teaches a redox flow battery comprising an anode 18, a cathode 14, and an electrolyte 30 comprising a pyridinium compound. The pyridinium compound taught by Kim is not particularly limited, so substituting the pyridinium compound of Kim for that of Finsy would have been obvious to someone of ordinary skill in the art, before the effective filing date of the claimed invention, and would be expected to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN M KNOWLAN whose telephone number is (571)270-0913. The examiner can normally be reached Monday-Friday 7:00am - 4:30pm.
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/KEVIN M KNOWLAN/Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
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