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, species (i), in the reply filed on December 2, 2025 is acknowledged.
Applicant’s election without traverse of species (i), claims 1-3, 7 and 18-20, in the reply filed on February 12, 2026 is acknowledged.
The requirement is still deemed proper and is therefore made FINAL.
Accordingly, claims 4-6 and 9-17 (species) are withdrawn from consideration as being directed to a non-elected invention.
Drawings
The drawings were received on November 13, 2024. These drawings are acceptable.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1
line 7, please deleted the word “product”.
This is an instance where the article should be changed to ensure proper antecedent
basis for the claim terminology.
line 9, please insert the word -- the -- after the word “introducing”.
This is an instance where the article should be added to ensure proper antecedent basis for the claim terminology.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claim 19 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 19
lines 4-5, recite “the at least one catalyst material of the second electrode comprises BaFe0.75Zn0.1Zr0.1Y0.1 (BFZZY)”.
Claim 2, lines 3-5, recite “the at least one catalyst material of the second electrode comprising at least one iron (Fe)-based catalyst material and an alkali metal promotor”.
The at least one catalyst material recited in claim 19 does not comprise an alkali metal promotor as recited in the at least one catalyst material recited in claim 2. Thus, it is unclear
from the claim language what the relationship is between the materials.
Is the BaFe0.75Zn0.1Zr0.1Y0.1 (BFZZY) further limiting the at least one iron (Fe)-based catalyst material?
Claim Rejections - 35 USC § 103
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 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.
I. Claim(s) 1, 3, 7 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sala et al. (US Patent Application Publication No. 2011/0132770 A1).
Regarding claim 1, Sala teaches a method of forming at least one hydrocarbon from carbon dioxide (= a process for producing compounds of the CxHyOz type, particularly with x>1; y is between 0 and 2x+2 and z is between 0 and 2x, by reduction of carbon dioxide (CO2)) [page 1, [0001]], comprising:
• introducing steam to a first electrode (= the water injected in steam form taking place
at the anode) [page 2, [0025]] of an electrochemical cell (= an electrolyzer) [page 3, [0025]]
comprising:
۰ the first electrode (= an anode 32) [page 3, [0063]];
۰ a second electrode (= a cathode 33) [page 3, [0064]] comprising at least one catalyst material (= the ceramic-metal materials are, for the cathodes, ceramics compatible with the electrolyte in which the nature of the metal dispersed is advantageously a metal and or a metal alloy, among which one may cite metals such as cobalt, copper, molybdenum, silver, iron, zinc, noble metals (gold, platinum, palladium) and/or transition elements) [page 2, [0043] and [0044]]; and
۰ an electrolyte between the first electrode and the second electrode (= an electrolyte 31) [page 3, [0065]);
• introducing carbon dioxide to the second electrode of the electrochemical cell (= injection of CO2 under pressure into the cathode compartment of the electrolyzer) [page 2, [0026]]; and
• applying a potential difference between the first electrode and the second electrode
of the electrochemical cell (= a potential difference between the anode 32 and the cathode 33)
[page 3, [0066]].
Sala does not explicitly wherein the at least one catalyst material is formulated to accelerate a carbon dioxide hydrogenation reaction to produce the at least one hydrocarbon product from the carbon dioxide.
Sala teaches that:
By way of example, these compounds are paraffins CnH2n+2, olefins C2nH2n, alcohols CnH2n+2OH or CnH2n-1OH, aldehydes and ketones CnH2nO, acids Cn-1H2n+1 with n>1 (page 2, [0032]).
the ceramic-metal materials are, for the cathodes, ceramics compatible with the electrolyte in which the nature of the metal dispersed is advantageously a metal and or a metal alloy, among which one may cite metals such as cobalt, copper, molybdenum, silver, iron, zinc, noble metals (gold, platinum, palladium) and/or transition elements (page 2, [0044]).
These H+ ions migrate through the electrolyte 31, carbon compounds of the CO2 and/or CO type react at cathode 33 with these H+ ions to form compounds of the CxHyOz type (with x>1; y is between 0 and 2x+2 and z is between 0 and 2x) and water at the cathode [page 3, [0071].
In particular, the chemical equations of the various reactions may be written as:
(6n+2)HElectrodex + nCO2 → CnH2n+2 + 2nH2O
6nHElectrodex + nCO2 → CnH2n + 2nH2O
(page 3, [0072]).
The subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention because the cathode,1 being comprised of at least one catalyst material as taught by Sala in [0044], is suitable to produce paraffins CnH2n+2 and olefins C2nH2n by the reaction of the carbon dioxide at the cathode as taught by Sala in [0032], [0071] and [0072], and thus, would have been formulated to accelerate a carbon dioxide hydrogenation reaction to produce the at least one hydrocarbon product from the carbon dioxide.
Regarding claim 3, Sala teaches wherein applying a potential difference between the
first electrode and the second electrode of the electrochemical cell comprises producing the at
least one hydrocarbon including an alkane, an olefin, or a combination (= by way of example,
these compounds are paraffins CnH2n+2, olefins C2nH2n, alcohols CnH2n+2OH or CnH2n-1OH, aldehydes
and ketones CnH2nO, acids Cn-1H2n+1 with n>1 (page 2, [0032]).
Regarding claim 7, Sala teaches wherein applying a potential difference between the first electrode and the second electrode of the electrochemical cell comprises applying the potential difference to the electrochemical cell when the electrochemical cell fulfills at least one of the following:
۰ the electrochemical cell is operated at a temperature within a range of from about 150°C to about 650°C (= the electrolysis temperature is greater than or equal to 200o C. and less than or equal to 800o C., advantageously between 350o C. and 650o C.) [page 2, [0042]],
۰ the electrochemical cell is operated at a pressure within a range of from about 1 bar to about 20 bar (= the relative pressure of CO2 is greater than or equal to 1 bar and less than or equal to a burst pressure of the assembly, the latter being greater than or equal to at least 100 bars) [page 2, [0041]], and
۰ the electrochemical cell is operated at a current density greater than or equal to about 0.1 amperes per square centimeter (A/cm2).
Regarding claim 20, Sala teaches wherein introducing the steam to the first electrode of
the electrochemical cell includes introducing the steam to the first electrode of the
electrochemical cell including the electrolyte comprising a proton-conducting membrane (= an
electrolyzer provided with a proton-conducting membrane) [page 2, [0046]].
II. Claim(s) 2 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sala et
al. (US Patent Application Publication No. 2011/0132770 A1) as applied to claims 1, 3, 7 and 20
above, and further in view of CN 116752172 (‘172).
Regarding claim 2, Sala teaches the method of at least claims 1, 3, 7 and 20 as applied above. Sala also teaches wherein introducing the steam to the first electrode of the electrochemical cell includes introducing the steam to the first electrode of the electrochemical cell comprising the second electrode (= injection of CO2 and/or CO under pressure into the
cathode compartment of the electrolyzer) [page 2, [0026]].
Sala does not explicitly teach wherein the at least one catalyst material of the second electrode comprising at least one iron (Fe)-based catalyst material and an alkali metal promotor.
Sala teaches that the electrodes, of porous structure, are either of ceramic-metal materials or “ceramic” electrodes of mixed electronic and ionic conduction (page 2, [0043]).
CN ‘172, like Sala, teaches the CO2 reduction reaction (ρ [n0010]).
In a first aspect, the present invention provides a type of perovskite cathode material,
wherein its chemical formula is: (ρ [n0014])
Ay-xMxBzOa-δ
wherein
A is at least one of the lanthanides and alkaline earth metals,
M is Li, Na, or K,
B is at least one transition metal,
0<x≤0.2,
0.5<y≤2,
0<z≤2, and
a = 3 or 6 (ρ [n0015]).
Optionally, B is selected from at least one of Fe, Co, Ni, Cu, Zn, Mn, and Mo (ρ [n0017]).
Using the perovskite cathode material provided by this invention as the cathode material for SOEC enables SOEC to have good CO2 electrolysis performance and stability, and
can be used in the fields of CO2 resource utilization, renewable energy power, electrochemical
energy storage, etc. (ρ [n0025]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the at least one catalyst material of the second electrode taught by Sala with wherein the at least one catalyst material of the second electrode comprising at least one iron (Fe)-based catalyst material and an alkali metal
promotor. The person with ordinary skill in the art would have been motivated to make this
modification because using the perovskite cathode material of the chemical formula is: Ay-xMxBzOa-δ, wherein A is at least one of the lanthanides and alkaline earth metals, M is Li, Na, or K, B is Fe, 0<x≤0.2, 0.5<y≤2, 0<z≤2, and a = 3 or 6, enables a SOEC to have good CO2 electrolysis performance and stability.
Regarding claim 18, Sala teaches wherein introducing the steam to the first electrode of
the electrochemical cell includes introducing the steam to the first electrode of the electrochemical cell (= water steam injected under pressure into an anode compartment of an electrolyzer) [page 2, [0025]].
CN ‘172 teaches wherein the at least one catalyst material of the second electrode comprising the at least one iron (Fe)-based catalyst material and the alkali metal promotor including the at least one iron (Fe)-based catalyst material comprising a perovskite-based material containing iron (Fe) [= optionally, B is selected from at least one of Fe, Co, Ni, Cu, Zn, Mn, and Mo] (ρ [n0017]) and one or more of zinc (Zn), zirconium (Zr), cerium (Ce), cobalt (Co), copper (Cu), manganese (Mn), and indium (In) [= optionally, B is selected from at least one of Fe, Co, Ni, Cu, Zn, Mn, and Mo] (ρ [n0017]).
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Claim 19 defines over the prior art of record because the prior art does not teach or suggest the method of claim 18, wherein:
۰ the second electrode comprises NiO/BZCYYb (yttrium- and ytterbium-doped barium-
zirconate- cerate), and (PNC55); and
۰ the at least one catalyst material of the second electrode comprises BaFe0.75Zn0.1Zr0.1Y0.1 (BFZZY).
Claim 19 would be allowable if rewritten to overcome the rejection(s) under 35
U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Citations
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 03075377 is cited to teach a composition of the oxidic material of the formula LnX-aAaBO4-δ, where
Ln = rare earth element selected from the group consisting of (La, Ce, Pr, Nd),
A = alkaline earth metals from the group (Ca, Sr),
B = transition metal or mixture of transition metals from the group (Fe, Co, Ni, Mn),
1.6 ≤ x ≤ 2.0, 0 ≤ a < 1.6, and δ is determined by the valences of metals (claim 3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDNA WONG whose telephone number is (571) 272-1349. The examiner can normally be reached Monday-Friday, 7:00 AM- 3:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luan Van can be reached at (571) 272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDNA WONG/Primary Examiner, Art Unit 1795
1 Functional claimed language that is not limited to a specific structure covers all devices that are capable of performing the recited function. See MPEP § 2114.