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 .
This is in response to the Amendment dated June 30, 2026. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office Action.
Response to Arguments
Election/Restrictions
This application contains 4-6 and 9-17 (species) drawn to an invention nonelected without traverse in the replies filed on December 2, 2025 and February 12, 2026.
Claim Objections
Claim 1 has been objected to because of minor informalities.
The objection of claim 1 has been withdrawn in view of Applicant’s amendment.
Claim Rejections - 35 USC § 112
Claim 19 has been 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.
The rejection of claim 19 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, has been withdrawn in view of Applicant’s amendment.
Claim Rejections - 35 USC § 103
I. Claim(s) 1, 3, 7 and 20 have been rejected under 35 U.S.C. 103 as being unpatentable over Sala et al. (US Patent Application Publication No. 2011/0132770 A1).
The rejection of claims 1, 3, 7 and 20 under 35 U.S.C. 103 as being unpatentable over Sala et al. has been withdrawn in view of Applicant’s amendment.
II. Claim(s) 2 and 18 have been 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).
The rejection of claims 2 and 18 under 35 U.S.C. 103 as being unpatentable over Sala et al. as applied to claims 1, 3, 7 and 20 above, and further in view of CN 116752172 (‘172) has been withdrawn in view of Applicant’s amendment.
Response to Amendment
Claim Objections
Claims 1, 3, 7 and 18-20 are objected to because of the following informalities:
Claim 1
line 6, please amend the word “produce” to the word -- form --.
This is an instance where the article should be changed to ensure a consistency in the claim terminology. See claim 1, line 1.
line 7, please insert the word -- and -- after the word “dioxide,”.
line 8, please delete the phrase “the second electrode comprising”.
This is repetitive to the same phrase recited in claim 1, line 5.
line 12, please insert the word -- wherein -- before the word “the”.
line 12, please amend the phrase “of the second electrode comprising” to the word -- comprises --.
line 13, please amend the word “promotor” to the word -- promoter --.
Claim 3
line 1, please amend the word “a” to the word -- the --.
This is an instance where the article should be changed to ensure proper antecedent
basis for the claim terminology.
line 3, please amend the word “producing” to the word -- forming --.
This is an instance where the article should be changed to ensure a consistency in the claim terminology. See claim 1, line 1.
Claim 4 (withdrawn)1
line 1, please amend the word “a” to the word -- the --.
This is an instance where the article should be changed to ensure proper antecedent
basis for the claim terminology.
line 3, please delete the “:” (colon).
line 5, please insert the word -- is -- after the word hydrocarbon”.
Claim 5 (withdrawn)
lines 1-4, please amend the words “introducing the carbon dioxide to the second electrode of the electrochemical cell comprises: introducing the carbon dioxide to a second the second electrode comprising the at least one catalyst material including” to the words -- the at least one iron (Fe)-based catalyst material includes --.
Claim 6 (withdrawn)
lines 1-3, please delete the words “introducing the carbon dioxide to the second
electrode of the electrochemical cell comprises introducing the carbon dioxide to a second the second electrode comprising the at least one catalyst material comprising”.
This is repetitive to the same recited in claim 1, line 15.
line 4, please amend the word “comprising” to the words -- material comprises --.
line 5, please amend the word “promotor” to the word -- promoter --.
line 5, please amend the word “comprising” to the words -- material comprises --.
Claim 7
lines 1-2, please delete the words “applying a potential difference between the first electrode and the second electrode of the electrochemical cell comprises”.
This is repetitive to the same recited in claim 1, lines 16-17.
line 3, please delete the word “applying”.
line 3, please insert the words -- is applied -- after the word “difference”.
Claim 9 (withdrawn)
lines 1-4, please amend the words “introducing the carbon dioxide to the second
electrode of the electrochemical cell comprises introducing the carbon dioxide to the second electrode comprising the at least one catalyst material comprising an” to the words -- the at least one --.
This is repetitive to the same recited in claim 1, line 15.
line 4, please amend the word “including” to the word -- includes --.
Claim 10 (withdrawn)
lines 1-3, please delete the words “introducing the steam to the first electrode of the electrochemical cell includes introducing the steam to the first electrode of the electrochemical cell comprising”.
This is repetitive to the same recited in claim 1, line 3.
line 3, please amend the word “including” to the word -- includes --.
Claim 11 (withdrawn)
line 2, please insert the words -- at least one -- after the word “the”.
This is an instance where the article should be added to ensure proper antecedent
basis for the claim terminology.
Claim 12 (withdrawn)
lines 1-3, please delete the words “introducing the steam to the first electrode of the
electrochemical cell includes introducing the steam to the first electrode of the electrochemical cell including:”
This is repetitive to the same recited in claim 1, line 3.
line 4, please amend the word “comprising” to the word -- comprises --.
line 7, please delete the words “the second electrode”.
line 9, please amend the word “comprising” to the word -- comprises --.
Claim 14 (withdrawn)
line 3, please amend “Ni-Ba3(CaNb2)O9)” to -- Ni-Ba3(CaNb2)O9) --.
Claim 15 (withdrawn)
lines 1-3, please delete the words “introducing the steam to the first electrode of the electrochemical cell includes introducing the steam to the first electrode of the electrochemical cell including:”.
This is repetitive to the same recited in claim 1, line 3.
line 4, please amend the word “comprising” to the word -- comprises --.
line 4, please amend the word “Aurivillius” to the word -- aurivillius --.
Each claim begins with a capital letter and ends with a period. See MPEP § 608.01(m).
line 5, please amend the word “Aurivillius” to the word -- aurivillius --.
Each claim begins with a capital letter and ends with a period. See MPEP § 608.01(m).
line 5, please amend “Bi2An-1BnO3n+3” to -- Bi2An-1BnO3n+3 --.
line 5, the definition of “n” is missing for the general formula Bi2An-1BnO3n+3.
line 8, please delete the words “the second electrode”.
line 9, please amend the word “comprising” to the word -- comprises --.
Claim 16
line 1, please delete the “:” (colon).
line 2, please amend the word “Aurivillius” to the word -- aurivillius --.
Each claim begins with a capital letter and ends with a period. See MPEP § 608.01(m).
Claim 18
lines 1-5, please delete the words “introducing the steam to the first electrode of the electrochemical cell includes introducing the steam to the first electrode of the electrochemical cell, the at least one catalyst material of the second electrode of the electrochemical cell
comprising the at least one iron (Fe)-based catalyst material and the alkali metal promotor,”.
This is repetitive to the same recited in claim 1, lines 3 and 12-13.
line 6, please amend the word “comprising” to the word -- comprises --.
Claim 19
lines 2-5, please delete the words “introducing the steam to the first electrode of the electrochemical cell comprises introducing the steam to the first electrode of the electrochemical cell, the second electrode of the electrochemical cell comprising the at least one catalyst material, the second electrode comprising”.
line 5, please amend the word “including” to the word -- includes --.
line 6, the definition of “δ” is missing for PrNi0.5Co0.5O3-δ.
lines 8-9, please delete the words “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,”.
line 10, please amend the word “comprising” to the word -- comprises --.
Claim 20
lines 1-3, please delete “introducing the steam to the first electrode of the
electrochemical cell includes introducing the steam to the first electrode of the electrochemical
cell including”.
line 3, please amend the word “comprising” to the word -- comprises --.
Appropriate correction is required.
• Since there are many materials claimed, Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the claims.
Like claim 12, line 11, recites “Ba2(YSn)O5.5” and claim 14, line 3, recites “Ni- Ba2(YSn)O5.5”. Please make sure that “Sn” is tin and not Sn.
Claim Rejections -35 USC § 112
Claims 13 and 15 would be 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 13 (withdrawn)
line 13, the word “type” is indefinite. See MPEP § 2173.05(b)(III)(E).
lines 13-14, “M comprises La, Pr, Gd, Sm or a combination thereof” lacks antecedent basis.
Claim 15 (withdrawn)
line 5, the definition of “n” in the general formula Bi2An-1BnO3n+3 is missing.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Claims 1, 3, 7 and 18-20 define over the prior art of record because the prior art does not contain any language that teaches or suggests a method of forming at least one hydrocarbon from carbon dioxide comprising the steps of introducing, introducing and applying as presently claimed, esp., a second electrode comprising:
(i) at least one catalyst material formulated to accelerate a carbon dioxide hydrogenation reaction to produce the at least one hydrocarbon product from the carbon dioxide; and
(ii) a cermet material comprising:
۰ at least one metal and
۰ at least one perovskite material of formula ABO3, wherein A and B represents
cations with A having a larger size than B, and O represents oxygen,
wherein the at least one catalyst material of the second electrode comprising at least one iron (Fe)-based catalyst material and an alkali metal promoter.
Therefore, a person skilled in the art would not have been motivated to adopt the above conditions, and a prima facie case of obviousness cannot be established.
Sala et al. (US Patent Application Publication No. 2011/0132770 A1) does not teach a second electrode comprising (i) at least one catalyst material formulated to accelerate a carbon dioxide hydrogenation reaction to produce the at least one hydrocarbon product from the
carbon dioxide and (ii) a cermet material comprising at least one metal and at least one
perovskite material of formula ABO3, wherein A and B represents cations with A having a larger size than B, and O represents oxygen, wherein the at least one catalyst material of the second electrode comprising at least one iron (Fe)-based catalyst material and an alkali metal promoter.
Ding et al. (US Patent Application Publication No. 2023/0226486 A1) teaches that the second cathode 122 may, for example, comprise a cermet material comprising at least one catalyst material including one or more of a metal, metal alloy, or at least one perovskite, such as a
doped perovskite cermet material, denoted as M-perovskite, where M may be a metal, such as a noble metal (e.g., Pt, Pd, Rh, Ru, Ir), Fe, Ag, or a combination thereof, a metal oxide or another material (page 6, [0055]). The second cathode 122 comprises a hydrogen reduction catalyst that is formulated to reduce the hydrogen ions into hydrogen gas: 2e- + 2H+ → H2 (4) [page 5,
[0051]].
Claims 1, 3, 7 and 18-20 would be allowable if rewritten or amended to overcome the claim objection(s) set forth in this Office action.
Citations
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhu et al. (“Self‐Assembled Ruddlesden–Popper/Perovskite Hybrid with Lattice‐Oxygen Activation as a Superior Oxygen Evolution Electrocatalyst,” Small (2020 May), Vol. 16, No. 20, pp. 1-7) is cited to teach a unique hybrid catalyst (RP/P-LSCF) consists of a dominated Ruddlesden–Popper phase LaSr3Co1.5Fe1.5O10-δ (RP-LSCF) and second perovskite phase La0.25Sr0.75Co0.5Fe0.5O3-δ (P-LSCF), displaying exceptional OER activity (page 1, abstract).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of
the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a))
pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In
no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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 Withdrawn claims 4-6 and 9-16 (excluding claim 17) are subject to rejoinder.
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