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 .
Response to Amendments
This is a final office action in response to applicant's arguments and remarks filed on 11/26/2025.
Status of Rejections
All previous rejections are withdrawn in view of applicant’s amendments.
New grounds of rejection are necessitated by applicant’s amendments.
Claims 1-7 and 9-17 are pending and under consideration for this Office Action.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3, 6-7, 9-10 and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Fujinuma (U.S. 2021/0164117) in view of Liu et al. (CN 111215146 A, citations based on translation), and further in view of Kofuji et al. (U.S. 2020/0270756) and Shi et al. (“Evolution of Triple-Phase interface for enhanced electrochemical CO2 reduction”, Chem. Eng. J., 2021); claim 1 evidenced by Das et al. (“Water soluble polythiophenes: preparation and applications”, RSC Adv., 2015), Zhao et al. (“Hydrophobic Thiophene Unit Modification for the Construction of Novel Anion Exchange Membranes for High-Speed Transport of Ion Channels”, ACS Sustainable Chem. Eng., 2024) and Jaymand et al. (“Modification of polythiophene by the incorporation of processable polymeric chains: Recent progress in synthesis and applications”, Prog Polym Sci, 2015).
Regarding claim 1, Fujinuma teaches an electrode catalyst layer for an electrolytic cell of carbon dioxide (see e.g. Paragraphs 0019 and 0046, layer applied on porous electrode for carbon dioxide reduction device), the electrode catalyst layer comprising:
a carbon material (see e.g. Paragraph 0057, lines 3-4, and Paragraph 0058, electrically conductive carbon material),
a metal catalyst supported on the carbon material (see e.g. Paragraph 0057, lines 1-8, metal ion/complex attached to electrically conductive carbon material); and
a water-repellant organic substance (see e.g. Paragraph 0057, lines 1-2, and Paragraphs 0050-0051, organic compound comprising R such as polythiophenes, thiophene derivatives, bithiophene derivatives and terthiophene derivatives, which are hydrophobic in their pristine form, as evidenced by Das and Zhao, see e.g. Das Abstract and Zhao Abstract), wherein
the carbon material is particles (see e.g. Paragraph 0058, electrically conductive carbon material including carbon blacks, i.e. carbon particles), the metal catalyst being supported on the carbon particles (see e.g. Paragraph 0057, lines 1-8, metal ion/complex attached to electrically conductive carbon material),
the water-repellant organic substance includes an organic substance containing sulfur (see e.g. Paragraphs 0050, lines 1-8, and Paragraph 0051, lines 4-5, organic compound comprising S as heteroatom such as polythiophenes, thiophene derivatives, bithiophene derivatives and terthiophene derivatives),
the organic substance containing sulfur has a metal-sulfur bond formed by being bonded to surfaces of the metal catalyst via the sulfur (see e.g. Paragraph 0020, lines 1-3, Paragraph 0022, lines 8-10, and Paragraph 0046, M-R bond formed between metal M and nonmetal R such as S of the organic compound), and
the carbon particles and the metal catalyst have no carbon-metal bond (see e.g. Paragraph 0057, lines 1-8, and Paragraph 0083, metal ion/complex mixed with and attached to electrically conductive carbon material, i.e. physically supported thereon but not forming a chemical carbon-metal bond as similarly described in paragraph 0053 of the instant specification).
Fujinuma does not explicitly teach a mass ratio of a sulfur element to a metal element in the metal catalyst in the catalyst layer being 0.03 or more and 0.1 or less, but does teach the organic substance comprising polythiophene, which has about 39 mass% sulfur (see e.g. Paragraphs 0050, line 8, organic compound comprising S as heteroatom such as polythiophene, which can be calculated at their base structures to have sulfur contents between about 38 and 39 mass%) and is evidenced by Jaymand to be a conductive polymer (see e.g. Jaymand Abstract and Table 1).
Liu teaches a catalyst for electrocatalytic reduction of carbon dioxide (see e.g. Paragraph 0002, line 1) comprising a metal with a conductive polymer that forms a bond with the metal (see e.g. Paragraph 0013, lines 1-4), wherein a mass ratio of the conductive polymer to the metal is 1:100 to 40:100 to ensure that the conductive polymer forms a relatively stable coating layer with suitable thickness on the surface of the metal catalyst (see e.g. Paragraph 0017). In combination with the above described 39 mass% sulfur in the polythiophene of Fujinuma, a mass ratio of the sulfur element to metal element would be 0.0039 to 0.156, encompassing the claimed range of the present invention.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the catalyst layer of Fujinuma to have a mass ratio of the conductive polymer polythiophene to metal of 1:100 to 40:100, resulting in a sulfur to metal mass ratio of 0.0039 to 0.156, as taught by Liu to ensure that the conductive polymer forms a relatively stable coating with a suitable thickness on the metal catalyst. MPEP § 2144.05 I states “In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.”
Modified Fujinuma does not explicitly teach the metal catalyst being metal particles having an average diameter of 1 nm or more and not more than 15 nm.
Kofuji teaches an electrode catalyst layer for a carbon dioxide electrolysis apparatus (see e.g. Abstract) wherein a metallic catalyst of the catalyst layer is preferably in the form of nanoparticles having a diameter of 1 to 15 nm (see e.g. Paragraph 0040, lines 1-3), this nanoparticle structure providing a large metal surface area per weight of catalyst, resulting in high activity (see e.g. Paragraph 0040, lines 4-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the metal catalyst of modified Fujinuma to be in the form of nanoparticles having a diameter of 1 to 15 nm as taught by Kofuji to provide a large metal surface are per weight of catalyst and, subsequently, high activity.
Modified Fujinuma does not explicitly teach the water-repellant organic substance uniformly coating the surfaces of the metal particles to such an extent that it allows a three-phase interface to be formed.
Shi teaches an electrode including an electrocatalyst for CO2- reduction (see e.g. Abstract) wherein a metal catalyst surface is modified by uniform coating with a hydrophobic organic compound that forms a metal-sulfur bond with the catalyst (see e.g. Page 4, Col. 1, under “3.1”, lines 4-10, and Col. 2, lines 2-11), this hydrophobic treatment enabling formation of a stable triple-phase interface over time that results in increased current density and CO2 reduction reaction product selectivity (see e.g. connecting paragraph of Pages 1-2, and Page 6, Col. 2, lines 8-16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrode catalyst layer of modified Fujinuma to have the water-repellant organic substance uniformly coating the metal catalyst particles such that a stable triple-phase interface may be formed over time as taught by Shi to provide increased current density and CO2 reduction reaction product selectivity.
Regarding claim 3, Fujinuma as modified by Liu teaches a mass ratio of the organic substance containing sulfur to the metal catalyst being 0.01 to 0.4 (see e.g. Fujinuma Paragraphs 0050, line 8, organic compound comprising S as heteroatom such as polythiophene; see e.g. Liu Paragraph 0017, line 1, mass ratio of the conductive polymer to the metal is 1:100 to 40:100).
Regarding claim 6, modified Fujinuma teaches the organic substance containing sulfur having a thiophene ring (see e.g. Fujinuma Paragraphs 0050, line 8, and Paragraph 0051, lines 4-5, organic compound comprising S as heteroatom such as polythiophenes, thiophene derivatives, bithiophene derivatives and terthiophene derivatives).
Regarding claim 7, Fujinuma, as modified above, does not explicitly teach a thickness of the catalyst layer being 5 µm or more and 200 µm or less.
Kofuji further teaches an electrode catalyst layer for a carbon dioxide electrolysis apparatus (see e.g. Kofuji Abstract) wherein the catalyst layer is formed on a substrate with a thickness of preferably 5 to 200 µm (see e.g. Kofuji Paragraph 0035, lines 1-3), thereby allowing the catalyst layer to realize high efficiency because the amount per area of the metallic catalyst is balanced with diffusion length of carbon dioxide (see e.g. Kofuji Paragraph 0035, lines 3-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the catalyst layer of modified Fujinuma to have a thickness of 5 to 200 µm as taught by Kofuji to allow the catalyst layer to realize high efficiency because the amount per area of the metallic catalyst is balanced with diffusion length of carbon dioxide.
Regarding claim 9, modified Fujinuma teaches the metal catalyst including at least one metal selected from gold, silver, copper, platinum, palladium, nickel, cobalt, iron, manganese, cadmium, zinc, indium, and tin (see e.g. Fujinuma Paragraph 0020, lines 1-3, and Paragraph 0022, lines 1-3, metal M comprising the listed elements).
Regarding claim 10, Fujinuma, as modified above, does not explicitly teach a mass of the metal catalyst per unit area of the catalyst layer being 0.01 mg/cm2 or more and 5 mg/cm2 or less.
Kofuji further teaches an electrode catalyst layer for a carbon dioxide electrolysis apparatus (see e.g. Kofuji Abstract) wherein a metallic catalyst of the catalyst layer has a weight per area of preferably 0.01 to 5 mg/cm2 (see e.g. Kofuji Paragraph 0041, lines 1-3), thereby causing the inside of the catalyst layer to be hydrophobic enough to rapidly drain out water and the product (see e.g. Kofuji Paragraph 0041, lines 3-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the metal catalyst of modified Fujinuma to have a weight per area of 0.01 to 5 mg/cm2 as taught by Kofuji to cause the inside of the catalyst layer to be hydrophobic enough to rapidly drain out water and the product.
Regarding claim 12, modified Fujinuma teaches an electrode for an electrolytic cell (see e.g. Fujinuma Paragraph 0019, electrode for carbon dioxide reduction, i.e. electrolysis, device) comprising:
a conductive base material (see e.g. Fujinuma Paragraph 0046, lines 1-3, and Paragraph 0032, lines 1-3, non-woven carbon fabric, carbon being conductive); and
the electrode catalyst layer according to claim 1, provided on the conductive base material (see e.g. Fujinuma Paragraph 0046, lines 4-5, and Paragraph 0057, lines 1-4, mixture applied onto non-woven carbon fabric).
Regarding claim 13, modified Fujinuma teaches the conductive base material including carbon (see e.g. Fujinuma Paragraph 0046, lines 1-3, non-woven carbon fabric).
Regarding claim 14, modified Fujinuma teaches the conductive base material having a porous body (see e.g. Fujinuma Paragraph 0046, lines 1-3, non-woven carbon fabric composed of porous carbon).
Regarding claim 15, modified Fujinuma teaches a carbon dioxide electrolytic device (see e.g. Fujinuma Fig. 1, carbon dioxide reduction, i.e. electrolysis, device 10; Paragraph 0066, line 3) comprising:
an electrolytic cell (see e.g. Fujinuma Fig. 1, two-compartment diaphragm type cell of carbon dioxide reduction device 10; Paragraph 0066, lines 8-11) including a cathode part having a cathode constituted of the electrode according to claim 12 (see e.g. Fujinuma Fig. 1, first electrode 11 as cathode comprising the above described electrode; Paragraph 0019 and Paragraph 0066, lines 4-5), which is disposed to be in contact with carbon dioxide and reduces the carbon dioxide to produce a carbon compound (see e.g. Fujinuma Paragraph 0068, lines 3-10, carbon dioxide reduced in first electrode to various carbon-containing products), and a gas flow path to supply carbon dioxide to the cathode (see e.g. Fujinuma Fig. 1, cathode compartment 15 to which carbon dioxide is introduces to contact first electrode 11; Paragraph 0068, lines 3-6), an anode part having an anode disposed to be in contact with an anode solution containing water or a hydroxide ion and oxidize the water or hydroxide ion to produce oxygen (see e.g. Fujinuma Fig. 1, second electrode 12 as anode at which water or an aqueous solution containing hydroxide ions undergoes oxidation to produce, for example, oxygen; Paragraph 0069, lines 1-4, and Paragraph 0067, lines 5-10), and an anode solution flow path to supply the anode solution to the anode (see e.g. Fujinuma Fig. 1, anode compartment 16 to which water or aqueous solution is introduced to be oxidized at second electrode 12; Paragraph 0069, lines 1-4), and a separator separating the cathode part and the anode part (see e.g. Fujinuma Fig. 1, ion conducting membrane 13 between first electrode 11 and second electrode 12; Paragraph 0066, lines 4-6);
a gas supply part to supply carbon dioxide to the gas flow path (see e.g. Fujinuma Fig. 1, carbon dioxide introduced through first inlet port 17A to cathode compartment 15; Paragraph 0067, lines 1-3); and
a solution supply part to supply the anode solution to the anode solution flow path (see e.g. Fujinuma Fig. 1, water or aqueous solution to be oxidized introduced through second inlet port 17B to anode compartment 16; Paragraph 0067, lines 5-7, and Paragraph 0069, lines 1-4),
wherein the cathode and the anode are configured to be supplied with current from a power supply (see e.g. Fujinuma Fig. 1, voltage, and thereby current, applied to first and second electrodes 11/12 with power source 19; Paragraph 0068, lines 1-3, and Paragraph 0128, lines 1-7).
Regarding claim 16, Fujinuma, as modified above, does not explicitly teach the electrode catalyst layer having a porous structure where a distribution frequency of pores in the electrode catalyst layer is maximum in a range of diameters of not less than 5 µm nor more than 200 µm in a pore size distribution of the electrode catalyst layer to be measured by a mercury intrusion method. Fujinuma does however teach the electrode catalyst layer being porous (see e.g. Fujinuma Paragraph 0046, lines 1-2).
Kofuji further teaches an electrode catalyst layer for a carbon dioxide electrolysis apparatus (see e.g. Kofuji Abstract) wherein the catalyst layer has a porous structure with a peak, i.e. maximum, in a pore-diameter distribution measured by mercury intrusion in a diameter range of 5 to 200 µm (see e.g. Kofuji Paragraph 0027, lines 7-16), this diameter range enabling more effective reduction of carbon dioxide by balancing delivery of gas to the whole catalyst layer with mechanical strength and/or conductivity of the catalyst layer (see e.g. Kofuji Paragraph 0030).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the catalyst layer of modified Fujinuma to have a peak, i.e. maximum, in a pore-diameter distribution measured by mercury intrusion in a diameter range of 5 to 200 µm as taught by Kofuji to enable more effective reduction of carbon dioxide by balancing delivery of gas to the whole catalyst layer with mechanical strength and/or conductivity of the catalyst layer.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Fujinuma, Liu, Kofuji and Shi, as applied to claim 1 above, and further in view of Lee et al. (KR 20210036789 A, citations based on translation).
Regarding claim 2, modified Fujinuma teaches all the elements of catalyst layer of claim 1 as stated above. Modified Fujinuma does not explicitly teach the organic substance containing sulfur being contained in a range of 5 mass% or more and 25 mass% or less to a total mass of the carbon material, the metal catalyst and the water-repellant organic substance, but does teach a mass ratio of the organic substance to the metal catalyst being 0.01 to 0.4 (see e.g. Liu Paragraph 0017, line 1, mass ratio of the conductive polymer to the metal is 1:100 to 40:100).
Lee teaches a device for electrochemical reduction of carbon dioxide (see e.g. Paragraph 0001) comprising a cathode including a metal-carbon composite catalyst (see e.g. Paragraph 0078, lines 2-3) in which metal nanoparticles are fixed on a carbon support at a weight ratio of 1:9 to 9:1 (see e.g. Paragraph 0081, lines 3-5) in order to provide sufficient reduction reaction activity and prevent a decrease in selectivity for the reduction reaction (see e.g. Paragraph 0081, lines 6-9). In combination with the above-described mass ratio of the organic substance to the metal catalyst of Fujinuma as modified by Liu, the organic substance would be present in a range of from about 0.1 to 26.5 mass% to a total mass of the carbon material, the metal catalyst and the organic substance, encompassing the claimed range of the present invention.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the catalyst layer of modified Fujinuma to comprise the metal and carbon material in a mass ratio of 1:9 to 9:1, resulting in an organic substance content of about 0.1 to 26.5 mass%, as taught by Lee to provide sufficient reduction reaction activity and prevent a decrease in selectivity for the reduction reaction. MPEP § 2144.05 I states “In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.”
Claims 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Fujinuma, Liu, Kofuji and Shi, as applied to claim 1 above, and further in view of Kuhl et al. (U.S. 2017/0321334).
Regarding claim 4, modified Fujinuma teaches all the elements of the catalyst layer of claim 1 as stated above. Modified Fujinuma does not teach the catalyst layer further comprising an ion-conductive material, wherein a solid mass of the ion-conductive material is 0.1 times or more and 1 time or less to a total mass of the carbon material and the metal catalyst.
Kuhl teaches a cathode layer for a carbon oxide reduction reactor (see e.g. Abstract) comprising a blend of metal catalyst particles, electrically conductive support particles such as carbon and an ion-conducting polymer (see e.g. Paragraph 0046, lines 1-4 and 18-27, and Paragraph 0047, lines 1-2), wherein the ion-conducting polymer makes up between 30 and 70 wt% of layer comprising the metal, support and ion-conducting polymer (see e.g. Paragraph 0046, lines 11-15), thereby providing sufficient ionic conductivity and porosity to the catalyst layer to give a high current density for carbon oxide reduction (see e.g. Paragraph 0046, lines 6-11 and 15-18), this wt% being equal to the ion-conducting polymer being 0.43 to 2.33 times the total mass of the metal and support, overlapping the claimed range of the present invention (see MPEP § 2144.05 I as cited above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the catalyst layer of modified Fujinuma to comprise an ion conducting polymer in an amount 0.43 to 2.33 times the total mass of the metal catalyst and supporting carbon material as taught by Kuhl to provide sufficient ionic conductivity and porosity to the catalyst layer to give a high current density for the carbon dioxide reduction.
Regarding claim 11, Fujinuma as modified by Kuhl teaches the ion-conductive material including a cation exchange resin or an anion exchange resin (see e.g. Kuhl Paragraphs 0019 and 0021, cathode layer ion-conducting polymer as anion-conductor or cation-and-anion conductor).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Fujinuma, Liu, Kofuji and Shi, as applied to claim 1 above, and further in view of Desmaris et al. (U.S. 2024/0068115) and Lee.
Regarding claim 5, modified Fujinuma teaches all the elements of the catalyst layer of claim 1 as stated above. Fujinuma further teaches the catalyst layer comprising a carbon fiber (see e.g. Fujinuma Paragraph 0058, carbon fibers or carbon nanotubes as exemplary electrically conductive carbon materials). Modified Fujinuma does not explicitly teach the carbon fiber having an average diameter of 10 nm or more and 100 nm or less and an average length of 5 µm or more and 100 µm or less.
Desmaris teaches an electrode catalyst layer (see e.g. Abstract) comprising electrocatalyst particles attached to elongated nanostructures such as carbon nanofibers (see e.g. Paragraph 0006, lines 6-9, and Paragraph 0010, lines 9-11), wherein the carbon nanofibers have diameters between 1 and 100 nm and lengths from 0.1 to 100 µm (see e.g. Paragraph 0088, lines 1-3), overlapping the claimed ranges of the present invention.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the carbon fibers of modified Fujinuma to have an average diameter of 1 and 100 nm and an average length of 0.1 to 100 µm as taught by Desmaris as suitable dimensions for carbon fibers used in an electrode catalyst layer. MPEP § 2143(I)(A) states that “combining prior art elements according to known methods to yield predictable results” may be obvious. The claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results.
Modified Fujinuma does not explicitly teach a ratio of the carbon fiber in the catalyst layer being 10 mass% or more and 70 mass% or less but does teach a mass ratio of the organic substance to the metal catalyst being 0.01 to 0.4 (see e.g. Liu Paragraph 0017, line 1, mass ratio of the conductive polymer to the metal is 1:100 to 40:100).
Lee teaches a device for electrochemical reduction of carbon dioxide (see e.g. Paragraph 0001) comprising a cathode including a metal-carbon composite catalyst (see e.g. Paragraph 0078, lines 2-3) in which metal nanoparticles are fixed on a carbon support such as carbon nanofibers at a weight ratio of 1:9 to 9:1 (see e.g. Paragraph 0081, lines 3-5, and Paragraph 0082, lines 1-2) in order to provide sufficient reduction reaction activity and prevent a decrease in selectivity for the reduction reaction (see e.g. Paragraph 0081, lines 6-9). In combination with the above-described mass ratio of the organic substance to the metal catalyst of Fujinuma as modified by Liu, the ratio of the carbon fiber support in the catalyst layer would be about 7.3 to 89.9 mass%, encompassing the claimed range of the present invention (see MPEP § 2144.05 I as cited above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the catalyst layer of modified Fujinuma to comprise the metal and carbon fiber in a mass ratio of 1:9 to 9:1, resulting in a ratio of the carbon fiber in the catalyst layer of about 7.3 to 89.9 mass%, as taught by Lee to provide sufficient reduction reaction activity and prevent a decrease in selectivity for the reduction reaction.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Fujinuma, Liu, Kofuji, Shi and Kuhl, as applied to claim 4 above, and further in view of Wang et al. (“Investigation of dry ionomer volume fraction in cathode catalyst layer under different relative humilities and nonuniform ionomer-gradient distributions for PEM fuel cells”, Electrochim. Acta, 2020).
Regarding claim 17, modified Fujinuma teaches all the elements of the electrode catalyst layer of claim 4 as stated above. Modified Fujinuma does not explicitly teach the ion-conductive material having a volume that is 0.16 times or more and 1.2 times or less a total volume of the carbon material and the metal catalyst. Kuhl does however teach the ion-conductive material being present in an amount of 30-70 wt% and serving to provide sufficient ionic conductivity and porosity to the catalyst layer (see e.g. Kuhl Paragraph 0046, lines 6-18).
Wang teaches electrode catalyst layers comprising carbon-supported platinum particles and an ionomer (see e.g. Abstract and Page 1, Col. 1, lines 6-8), wherein a sufficient dry volume of ionomer in the catalyst layer is beneficial for proton transport but a higher volume can decrease porosity and thereby increase mass diffusion, an optimal ionomer content in the catalyst layer being 0.33 by mass, i.e. 33wt%, and 0.25 by volume (see e.g. Page 2, Col. 1, lines 8-15, and Page 11, Col. 2, under “Conclusion”, lines 5-7), which would equate to the ion-conductive material having a volume of 0.33 times the total volume of the catalyst particles and carbon support.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrode catalyst layer of modified Fujinuma to have an ionomer content of 0.33 by mass, i.e. 33 wt%, and 0.25 by volume and, i.e. 0.33 times the total volume of the carbon material and metal catalyst, as taught by Wang as an optimal ionomer content for providing sufficient ionic conductivity and porosity to an electrode catalyst layer that also falls within the amount range taught by Kuhl.
Response to Arguments
Applicant’s arguments, see page 7, filed 11/26/2025, with respect to the rejection(s) of claim(s) 1 under 35 USC 103 over Fujinuma in view of Liu and Kofuji, particularly regarding the water-repellent substance uniformly coating the metal particles such that a three-phase interface may be formed, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Fujinuma, Liu, Kofuji and Shi.
Conclusion
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.
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/M.S.J./Examiner, Art Unit 1795
/LUAN V VAN/Supervisory Patent Examiner, Art Unit 1795