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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/27/2026 has been entered.
Response to Amendment
Claims 1-3, 6-8 are pending prosecution.
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.
Claims 1-3 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kazuhiko (JP2019001760A) in view of Chen et. al “Characterization of Composite prepared with different mixings rations of TiO2 to activated carbon and their photocatalytic activity” Analytical Science and Technology. 2006, 19, 5, 376-382.
Regarding Claims 1-3, 6, Kazuhiko teaches a method for generating formic acid by artificial photosynthesis and storing the formic acid for conversion into hydrogen (abstract). Kazuhiko teaches that the formic acid generating device is composed of titanium oxide fine particles and a dye (para. 0038). Further, Kazuhiko teaches that the dye is, for example, chlorophyll (para. 0042), which is understood to be a plant-derived dye. Kazuhiko teaches that a TiO2 fine particles on a heat-treated substrate are immersed in a 0.3 mM solution of dye with a reaction volume of 2 mL and that light was irradiated on the system to generate formic acid (para. 0081-0082). Kazuhiko teaches that the formic acid producing device is used as a reaction medium and that reaction medium is mixed with water (para 55) and in light of Fig. 6, it is understood that since reactant (CO2) is flowed in and product (formic acid, HCOOH) is removed to a storage tank that the solution in the formic acid producing device is not static, but mixing (see image of Fig. 6 below). Further. Kazuhiko discloses that the carbon dioxide is supplied to the formic acid generator by “circulating” (para 0033). Kazuhiko teaches that it is desirable for formic acid from the formic acid producing device (element 10 of Fig. 6) to be concentrated and then stored in a facility or the like, such as a storage tank (element 55 of Fig. 6) (para. 0062-0063).
However, Kazuhiko does not teach that activated carbon powder is mixed in the solution.
Chen teaches a study on the effect of varied ratios of activated carbon powder and TiO2 composites as it relates to photocatalytic activity [abstract].
Chen teaches that activated carbon powder is mixed with titanium dioxide powder in solution [Sec. 2.2]. Chen teaches that the photocatalytic activity of bare TiO2 is lower than that of the composites with activated carbon powder [Col. 1, Pg. 381]. Chen teaches that the added BET surface area from the activated carbon powder improves the photocatalytic activity [Col. 1, Pg. 381].
Prior to the filing of the present invention it would have been obvious to one having ordinary skill in the art that the photocatalyst (TiO2) of Kazuhiko was ready for improvement by the substitution of a TiO2/activated carbon, as per Chen, in order that one would arrive at a formic acid generating method with a catalyst support which improves photocatalytic activity owing to the added surface area of activated carbon powder.
Regarding Claim 7, Kazuhiko teaches to claim 1 as shown above. Kazuhiko teaches that the formic acid generating system can use “sunlight” to drive the production of formic acid (para. 0059 and 0077). Kazuhiko teaches that the formic acid producing device is used as a reaction medium and that reaction medium is mixed with water (para 55) and in light of Fig. 6, it is understood that since reactant (CO2) is flowed in and product (formic acid, HCOOH) is removed to a storage tank the solution in the formic acid producing device is not static, but mixing (see image of Fig. 6 below).
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Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kazuhiko (JP2019001760A).
Regarding Claim 8 Kazuhiko teaches a device for generating formic acid by artificial photosynthesis and storing the formic acid for conversion into hydrogen (abstract). Kazuhiko teaches that the TiO2 fine particles on a heat-treated substrate in a 0.3 mM solution of dye with a reaction volume of 2 mL is “loaded” to form a formic acid producing device (para 0081). Therefore, it is understood Kazuhiko discloses a raw material charging unit, in order that the formic acid producing device is loaded with raw material to proceed to the formic acid generation step. Kazuhiko teaches that a formic acid generator (element 50, Fig. 6) comprises a formic acid generating device (element 10, Fig. 6) in which artificial photosynthesis takes place by irradiation with sunlight (para 0059) and in which is charged TiO2 fine particles on a heat-treated substrate in a 0.3 mM solution of dye with a reaction volume of 2 mL (para. 0081-0082). Kazuhiko teaches that it is desirable for formic acid from the formic acid producing device (element 10 of Fig. 6) to be concentrated and then stored in a facility or the like, such as a storage tank (element 55 of Fig. 6) (para. 0062-0063). It will be noted that the addition of activated carbon powder to the solution does not provide a meaningful structural limitation to the instant claimed device, and as such is not given patentable weight (see MPEP 2111.02 II and 2111.04 I).
Response to Arguments
Applicant's arguments filed 3/27/2026 have been fully considered and are persuasive.
Applicant argues that the previous rejection of Claim 1 does not teach to the current claim amendment of Claim 1, now requiring the formerly “activated carbon” to be an “activated carbon powder”. These arguments are correct and the rejection has been amended as shown above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL J DOWNES whose telephone number is (571)272-1141. The examiner can normally be reached 8am to 5pm.
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NATHANAEL JASON. DOWNES
Examiner
Art Unit 1794
/NATHANAEL JASON DOWNES/ Examiner, Art Unit 1794
/BRIAN W COHEN/Primary Examiner, Art Unit 1759