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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/26/26 has been entered.
Claim Status
Claims 1-8 and 10-17 are pending and are examined.
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.
Claim 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yossifon (US Pub 2018/0369811; previously cited).
Regarding Claim 17, Yossifon teaches a fluid purification device, comprising a first reservoir with which an ion permselective element interfaces directly in a 2D to 3D relationship, an outlet channel for the clean water in an upper part of the first reservoir, a input channel into the first reservoir for raw water, an outlet channel at or near the bottom of the first reservoir to remove water that is enriched in contaminants, a second reservoir that is in fluid communication with the first reservoir through the ion permselective element, and electrodes to provide an applied electric field between the first and second reservoirs ([0077] System 20 can further comprise an arrangement of electrodes 28 arranged to generate an electric field across permselective medium 11. This can be done by connecting electrodes 28 to a power source 36, which may effect an electrical potential difference across permselective medium 11. Via the CP effect, ionic concentration gradients are formed in microchannel 12, near sides 24 and 26 of permselective medium 11. FIG. 2 illustrates two electrodes 28a and 28b positioned outside microchannel 12. These electrodes do not necessarily be positioned in the vicinity of the permselective medium 11, but can also be applied further away (e.g., via electrodes immersed within the reservoirs of the inlets/outlets of the microchannels). However, this need not necessarily be the case, since, for some applications, it may be desired to position electrodes 28 inside microchannel 12.).
an ion permselective element comprising charged nanoporous material that interfaces fluid in the charged nanoporous material to macroscale fluid in the first reservoir directly in a 2D to 3D relationship ([0041] The one or more ion permselective elements are arranged to present a microscale interface to a macroscale volume of the first fluid reservoir.).
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.
Claims 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Yossifon (US Pub 2018/0369811) in view of Herr (US Pub 2012/0329040).
Regarding Claim 1, Yossifon teaches an electrodialysis fluid purification device, comprising a fluid output from an upper part of a first fluid reservoir; one or more ion permselective elements at a surface on or near the bottom of the first reservoir, the one or more ion permselective elements being arranged to provide one or more small area points or lines; a fluid connection to a second fluid reservoir on an opposite side of the one or more ion permselective elements; and electrodes and a power supply to create a voltage differential across the one or more ion permselective elements ([0075] Ion permselective medium 11 can be any medium made, at least in part from a permselective material, and can have any structure, including, without limitation, a nanostructure, a nanoporous membrane and an electrode. The permselective medium 11 can, in some embodiments, be embodied as a permselective nanochannel, such as, but not limited to, nanochannel 10. [0077] System 20 can further comprise an arrangement of electrodes 28 arranged to generate an electric field across permselective medium 11. This can be done by connecting electrodes 28 to a power source 36, which may effect an electrical potential difference across permselective medium 11. Via the CP effect, ionic concentration gradients are formed in microchannel 12, near sides 24 and 26 of permselective medium 11. FIG. 2 illustrates two electrodes 28a and 28b positioned outside microchannel 12. These electrodes do not necessarily be positioned in the vicinity of the permselective medium 11, but can also be applied further away (e.g., via electrodes immersed within the reservoirs of the inlets/outlets of the microchannels). However, this need not necessarily be the case, since, for some applications, it may be desired to position electrodes 28 inside microchannel 12. [0111] The term “permselective material,” as used herein, refers to an ion permeable material having the property that the ion transport number (also called the transference number, and is the fraction of the total current carried by a given ion) through the material is higher for ionic species having a certain charge sign than for ionic species having the opposite charge sign.).
While Yossifon teaches [0041] the one or more ion permselective elements are arranged to present a microscale interface to a macroscale volume of the first fluid reservoir, Yossifon is silent to the one or more ion permselective elements comprising a charged nanoporous material wherein the one or more ion permselective elements is arranged to interface a nanoscale volume of the nanoporous material to a macroscale volume in the first reservoir.
Herr teaches in the related art to separate and detect specific analytes in [0003]. [0147] which indicates reduced boundary layer resistances in confined micro-nanoscale reaction volumes.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arranged the one or more permselective elements to interface a nanoscale volume of the nanoporous material to a macroscale volume in the first reservoir, as taught by Herr, in the device of Yossifon, to control the flow.
Regarding Claim 2, Yossifon teaches the device of claim 1, wherein the one or more ion permselective elements comprise a plurality of elements at each of a plurality of small area interfaces ([0095] Thus, sensor system 22 optionally and preferably mimics a MEMS based thermal flow-meter sensor since it allows measuring the flow (a) at the permselective medium; (b) in proximity to the permselective medium; and/or (c) farther from the permselective medium, downstream therefrom. [0103] FIG. 3C illustrates an embodiment in which additional sensing elements 38e, 38f are positioned downstream the flow relative to membrane 11. These sensing elements can be used to measure the elapsed time for the depletion ionic concentration layer to propagate from element 38a to element 38e (interchangeably referred to as the time-of-flight of the depletion ionic concentration layer) and/or the enrichment ionic concentration layer to propagate from element 38c to element 38f (interchangeably referred to as the time-of-flight of the enrichment ionic concentration layer). [0116] A variety of permselective materials may be employed for medium 11.).
Regarding Claim 3, Yossifon teaches the device of claim 2, wherein the plurality of elements is arranged with edges of the elements facing a volume of the first reservoir ([0102] FIG. 3B illustrates a state in which flow is forced into microchannel 12. The pattern of depletion and enrichment ionic concentration layers is changed due to the flow in branches 32 and 34, respectively. This change is sensed, for example, as the difference between the ion concentration (or proxy thereof) measured by sensing element 38a and the ion concentration (or proxy thereof) measured by sensing element 38b, both within the depletion ionic concentration deformed layer. [0103] FIG. 3C illustrates an embodiment in which additional sensing elements 38e, 38f are positioned downstream the flow relative to membrane 11. These sensing elements can be used to measure the elapsed time for the depletion ionic concentration layer to propagate from element 38a to element 38e (interchangeably referred to as the time-of-flight of the depletion ionic concentration layer) and/or the enrichment ionic concentration layer to propagate from element 38c to element 38f (interchangeably referred to as the time-of-flight of the enrichment ionic concentration layer). [0116] A variety of permselective materials may be employed for medium 11.).
Regarding Claim 4, Yossifon teaches the device of claim 1, wherein the one or more ion permselective elements are arranged in one or more microchannels between the first fluid reservoir and the fluid connection to the second fluid reservoir ([0102] FIG. 3B illustrates a state in which flow is forced into microchannel 12. The pattern of depletion and enrichment ionic concentration layers is changed due to the flow in branches 32 and 34, respectively. This change is sensed, for example, as the difference between the ion concentration (or proxy thereof) measured by sensing element 38a and the ion concentration (or proxy thereof) measured by sensing element 38b, both within the depletion ionic concentration deformed layer. [0103] FIG. 3C illustrates an embodiment in which additional sensing elements 38e, 38f are positioned downstream the flow relative to membrane 11. These sensing elements can be used to measure the elapsed time for the depletion ionic concentration layer to propagate from element 38a to element 38e (interchangeably referred to as the time-of-flight of the depletion ionic concentration layer) and/or the enrichment ionic concentration layer to propagate from element 38c to element 38f (interchangeably referred to as the time-of-flight of the enrichment ionic concentration layer). [0116] A variety of permselective materials may be employed for medium 11.).
Regarding Claim 6, Yossifon teaches the device of claim 1, wherein the wherein the one or more ion permselective elements is interfaced into a side surface of the first reservoir ([0102] FIG. 3B illustrates a state in which flow is forced into microchannel 12. The pattern of depletion and enrichment ionic concentration layers is changed due to the flow in branches 32 and 34, respectively. This change is sensed, for example, as the difference between the ion concentration (or proxy thereof) measured by sensing element 38a and the ion concentration (or proxy thereof) measured by sensing element 38b, both within the depletion ionic concentration deformed layer. [0103] FIG. 3C illustrates an embodiment in which additional sensing elements 38e, 38f are positioned downstream the flow relative to membrane 11. These sensing elements can be used to measure the elapsed time for the depletion ionic concentration layer to propagate from element 38a to element 38e (interchangeably referred to as the time-of-flight of the depletion ionic concentration layer) and/or the enrichment ionic concentration layer to propagate from element 38c to element 38f (interchangeably referred to as the time-of-flight of the enrichment ionic concentration layer). [0116] A variety of permselective materials may be employed for medium 11.).
Regarding Claim 7, Yossifon teaches the device of claim 1, wherein the wherein the one or more ion permselective elements is arranged to create a depleted zone that extends into the first reservoir (the element(s) would be capable of arranging a depleted zone. The examiner notes the depleted zone is intended use of the device. [0066] Some embodiments of the present invention induce a concentration polarization (CP) effect for measuring a flow parameter. In this effect local ionic concentration gradients are generated at an interface of fluid and an ion permselective medium upon application of voltage or current across the permselective medium. More specifically an enriched ionic concentration is formed at one side of the permselective medium and a depleted ionic concentration is formed at its opposite side, when both sides interface a fluid.).
Regarding Claim 8, Yossifon teaches the device of claim 7, wherein the depleted zone extends up, away and around edges of the one or more ion permselective elements (The examiner notes the depleted zone is intended use of the device and is not required as part of the claimed device).
Regarding Claim 9, Yossifon teaches the device of claim 1, wherein the wherein the one or more ion permselective elements is configured to create a microscale interface to a macroscale volume in the first reservoir (the one or more elements are capable of creating a microscale interface to a macroscale volume in the first reservoir).
Regarding Claim 10, Yossifon teaches the device of claim 1, wherein the one or more ion permselective elements comprises a discontinuous ion permselective element ([0111] The term “permselective material,” as used herein, refers to an ion permeable material having the property that the ion transport number (also called the transference number, and is the fraction of the total current carried by a given ion) through the material is higher for ionic species having a certain charge sign than for ionic species having the opposite charge sign. [0112] In some embodiments of the present invention permselective material has the property that the transport number through the material is higher for ion of one species than for ions of another species. [0113] For example, in a permselective material such as a cation exchange membrane, cations pass through the material more easily (i.e., while experiencing less resistive force) than anions. In a permselective material such as an anion exchange membrane, anions pass through the material more easily (i.e., while experiencing less resistive force) than cations. [0114] A permselective material is different from a porous structure that does not discriminate among differently charged ionic species as the species pass through the porous structure. [0115] In some embodiments of the present invention the permselective material comprises a cation exchange material which is non-preamble to anions, and in some embodiments of the present invention the permselective material comprises an anion exchange material, which is non-preamble to cations. [0116] A variety of permselective materials may be employed for medium 11. Representative examples including, without limitation, the sulfonic acid substituted perfluorocarbon polymers of the type described in U.S. Pat. No. 4,036,714; the primary amine substituted polymers described in U.S. Pat. No. 4,085,071; the polyamine substituted polymers of the type described in U.S. Pat. No. 4,030,988; and the carboxylic acid substituted polymers described in U.S. Pat. No. 4,065,366. All of the teachings of these patents are incorporated herein in their entirety by reference.) .
Regarding Claim 11, Yossifon teaches the device of claim 1, wherein the one or more ion permselective elements presents a small surface area compared to surface portions of a volume of the first reservoir to which it is exposed (Figs. 3A and 3B, the area for the one or more elements is smaller than the surface portion of a volume of the first reservoir).
Regarding Claim 12, Yossifon teaches the device of claim 11, wherein the small surface area of the one or more ion permselective elements is 50% or less than the surface portions of the volume (Figs. 3A and 3B, the area for the one or more elements is smaller than the surface portion of a volume of the first reservoir).
Regarding Claim 13, Yossifon teaches the device of claim 12, wherein the small surface area of the one or more ion permselective elements is 20% or less than the surface portions of the volume (Figs. 3A and 3B, the area for the one or more elements is smaller than the surface portion of a volume of the first reservoir).
Regarding Claim 14, Yossifon teaches the device of claim 11, wherein the one or more ion permselective elements are arranged to present a microscale interface to a macroscale volume of the first fluid reservoir (The microscale interface is a line which would be a 1D interface and the reservoir has a 3D volume. [0102] FIG. 3B illustrates a state in which flow is forced into microchannel 12. The pattern of depletion and enrichment ionic concentration layers is changed due to the flow in branches 32 and 34, respectively. This change is sensed, for example, as the difference between the ion concentration (or proxy thereof) measured by sensing element 38a and the ion concentration (or proxy thereof) measured by sensing element 38b, both within the depletion ionic concentration deformed layer. [0103] FIG. 3C illustrates an embodiment in which additional sensing elements 38e, 38f are positioned downstream the flow relative to membrane 11. These sensing elements can be used to measure the elapsed time for the depletion ionic concentration layer to propagate from element 38a to element 38e (interchangeably referred to as the time-of-flight of the depletion ionic concentration layer) and/or the enrichment ionic concentration layer to propagate from element 38c to element 38f (interchangeably referred to as the time-of-flight of the enrichment ionic concentration layer). [0116] A variety of permselective materials may be employed for medium 11.).
Regarding Claim 15, Yossifon teaches the device of claim 14, wherein the one or more ion permselective elements are arranged to present edges of the elements to a volume of the first reservoir ([0102] FIG. 3B illustrates a state in which flow is forced into microchannel 12. The pattern of depletion and enrichment ionic concentration layers is changed due to the flow in branches 32 and 34, respectively. This change is sensed, for example, as the difference between the ion concentration (or proxy thereof) measured by sensing element 38a and the ion concentration (or proxy thereof) measured by sensing element 38b, both within the depletion ionic concentration deformed layer. [0103] FIG. 3C illustrates an embodiment in which additional sensing elements 38e, 38f are positioned downstream the flow relative to membrane 11. These sensing elements can be used to measure the elapsed time for the depletion ionic concentration layer to propagate from element 38a to element 38e (interchangeably referred to as the time-of-flight of the depletion ionic concentration layer) and/or the enrichment ionic concentration layer to propagate from element 38c to element 38f (interchangeably referred to as the time-of-flight of the enrichment ionic concentration layer). [0116] A variety of permselective materials may be employed for medium 11.).
Regarding Claim 16, Yossifon teaches the device of claim 15, wherein the microscale interface is a 1D interface and the macroscale volume is a 3D volume (The microscale interface is a line which would be a 1D interface and the reservoir has a 3D volume. [0102] FIG. 3B illustrates a state in which flow is forced into microchannel 12. The pattern of depletion and enrichment ionic concentration layers is changed due to the flow in branches 32 and 34, respectively. This change is sensed, for example, as the difference between the ion concentration (or proxy thereof) measured by sensing element 38a and the ion concentration (or proxy thereof) measured by sensing element 38b, both within the depletion ionic concentration deformed layer. [0103] FIG. 3C illustrates an embodiment in which additional sensing elements 38e, 38f are positioned downstream the flow relative to membrane 11. These sensing elements can be used to measure the elapsed time for the depletion ionic concentration layer to propagate from element 38a to element 38e (interchangeably referred to as the time-of-flight of the depletion ionic concentration layer) and/or the enrichment ionic concentration layer to propagate from element 38c to element 38f (interchangeably referred to as the time-of-flight of the enrichment ionic concentration layer). [0116] A variety of permselective materials may be employed for medium 11.).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Yossifon (US Pub 2018/0369811) in view of Herr (US Pub 2012/0329040) as applied to claim 1, and in further view of Puetter (US Patent 4,818,409).
Regarding Claim 5, Yossifon teaches the device of claim 1 and [0019] According to some embodiments of the invention the permselective medium comprises at least one medium selected from the group consisting of: a nanostructure, a nanoporous membrane and an electrode.
Yossifon is silent to the one or more ion permselective elements comprise an ion-permselective nanoporous gel.
Puetter teaches, in the related art of permselective elements, suitable ion exchange membranes are conventional permselective cation exchange membranes or anion exchange membranes which are, for example, from 0.1 to 1 mm thick and have a pore diameter of from 1 to 30µm or a gel-like structure. Membranes of this type are available commercially, for example, under the names ®Selemion, ®Neosepta and ®Nafion. Since a diffusion process is involved, particularly thin membranes, for example those having a thickness of >0.2 mm, are preferred. Cation exchange membranes are used for liberating the organic acids, while anion exchange membranes are required in ion exchange for the liberation of bases. (Col. 3, lines 53-65).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the one or more ion permselective elements, as taught by Yossifon, from an ion-permselective nanoporous gel, as taught by Puetter, to allow for a conventional one.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments with respect to claim 17, filed May 26, 2026, have been fully considered but they are not persuasive.
First, Applicant argues on pages 5-8 that the prior art does not teach or suggest an interface of a nanoscale volume of the nanoporous material to a macroscale volume in the first reservoir.
In response, the examiner notes Yossifon teaches [0041] the one or more ion permselective elements are arranged to present a microscale interface to a macroscale volume of the first fluid reservoir. Further, Herr teaches [0147] which indicates reduced boundary layer resistances in confined micro-nanoscale reaction volumes.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUELINE BRAZIN whose telephone number is (571)270-1457. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Capozzi can be reached at 571-270-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JB/
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798
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