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 Arguments
Applicant's arguments filed 6/26/2025 have been fully considered but they are not persuasive.
With respect to applicant’s arguments directed to Kaku and Bendert failing to teach or suggest the claim limitation “a concentration of the metal precursor in the negative electrolyte is greater than a concentration of the metal precursor in the positive electrolyte” (see Remarks filed 6/26/2025), this is not found to be persuasive because the claimed relative metal precursor concentrations in the negative and positive electrolytes could include a transient state of the redox flow battery system under a broadest reasonable interpretation of said claim limitation. Product-by-process claims are not given patentable weight since the method does not provide additional structure to the claim (see MPEP 2113 and 2114). Product claims are granted patentable weight based on their final structure and not by the method of which it was made or any intermediate products thereof (see MPEP 2113 and 2114). As such, as long as the prior art is capable of achieving the claimed relative metal precursor concentrations in the negative and positive electrolytes and/or teaches the final structure required by the claim, the limitation is considered to be met. In this instance, Bendert teaches redox flow systems experience change in volumes of the anolyte fluid and the catholyte fluid, and further teaches ionic molality of anolyte fluid is increased if the relative volume of the anolyte fluid to the catholyte fluid decreases (see Title, Abstract, [0004]-[0005], [0019], [0024]). Thus, one of ordinary skill in the art would understand that the claimed relative metal precursor concentrations in the negative and positive electrolytes is observed and/or achieved in the combination of Kaku and Bendert because redox flow batteries experience change in volume in the anolyte and catholyte during operation, including a state in which concentration in the anolyte fluid is increased if the volume of the anolyte to the catholyte decreases.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., applicant argues benefits are obtained ‘by using an elevated concentration of metal precursor in the negative electrolyte compared to the positive electrolyte…during charging of the battery’, and that the claimed invention achieves these benefits passively without sensors or feedback loops, see Remarks filed 6/26/2025) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Specifically, the applicant argues achieving these benefits ‘passively’ which is not recited in the instant claim. Nevertheless, the combination of Kaku and Bendert is capable of achieving the claimed relative metal precursor concentrations in the negative and positive electrolytes passively because Bendert teaches redox flow batteries experience change in volume in the anolyte and catholyte during operation, including a state in which concentration in the anolyte fluid is increased if the volume of the anolyte to the catholyte decreases.
With respect to applicant’s arguments directed to Schubert failing to remedy the alleged deficiencies above (see Remarks filed 6/26/2025), said reference is not relied upon to remedy the alleged deficiencies.
With respect to applicant’s arguments directed to rejection of claims 1-20 on the ground of nonstatutory double patenting (see Remarks filed 6/26/2025), this is not found to be persuasive for the same reasons as stated above.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 5-8, 10-11, 13-15, 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaku et al. (US 2016/0181640A1) in view of Bendert et al. (US 2014/0057140A1).
Regarding claim 1, Kaku discloses a redox flow battery system (see Title, Abstract), comprising:
at least one rechargeable cell comprising a positive electrolyte, a negative electrolyte, and a separator positioned between the positive electrolyte and the negative electrolyte, the positive electrolyte in contact with a positive electrode, and the negative electrolyte in contact with a negative electrode ([0014]);
the positive electrolyte comprising water and a metal precursor (species of metal ions, aqueous solution [0014]-[0015]); and
the negative electrolyte comprising water and the metal precursor (species of metal ions, aqueous solution [0014]-[0015]); and
wherein the metal in the metal precursor comprises iron, copper, zinc manganese, titanium, tin, silver, vanadium, or cerium (vanadium, iron, copper, silver, cerium [0014]).
However, Kaku does not disclose a concentration of the metal precursor in the negative electrolyte is greater than a concentration of the metal precursor in the positive electrolyte.
Bendert discloses reduction of water transfer across membrane in a redox flow battery, wherein the ionic molality of anolyte fluid is increased if the relative volume of the anolyte fluid to the catholyte fluid decreases (see Title, Abstract, [0019], [0024]). Bendert further discloses prior art redox flow systems experience change in volumes of the anolyte fluid and the catholyte fluid which complicate operation and maintenance, and that the disclosed method reduces or compensates for the movement of ions across the permeable membrane ([0004]-[0005]).
Kaku and Bendert are analogous art because they are concerned with the same field of endeavor, namely redox flow batteries.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to increase the ionic molality of the anolyte fluid when the relative volume of the anolyte fluid to the catholyte fluid decreases in Kaku because Bendert teaches improved efficiency in redox flow battery as a result of ionic molality balancing between the anolyte fluid and the catholyte fluid.
Regarding claim 2, modified Kaku discloses all of the claim limitations as set forth above. Kaku further discloses the metal comprises iron or copper (iron, copper [0014]).
Regarding claim 3, modified Kaku discloses all of the claim limitations as set forth above. Kaku further discloses the metal comprises iron and wherein the metal precursor comprises FeCl2, FeCl3, FeSO4, Fe2(SO4)3, FeO, Fe, Fe2O3, or combinations thereof (iron ions [0014], acid aqueous solution containing sulfuric acid or sulfate [0097]).
Regarding claim 5, modified Kaku discloses all of the claim limitations as set forth above. Kaku further discloses the separator comprises an ionically conductive membrane (ion-exchange membrane [0099]).
Regarding claim 6, modified Kaku discloses all of the claim limitations as set forth above. Kaku further discloses the ionically conductive membrane comprises an ionically conductive thin film composite membrane, an ionically conductive asymmetric composite membrane, a size exclusion membrane, an anion exchange membrane, or a cation exchange membrane (cation- or anion-exchange membrane [0099]).
Regarding claim 7, modified Kaku discloses all of the claim limitations as set forth above. Kaku further discloses the positive electrolyte, the negative electrolyte, or both further comprise at least one of: an amino acid, an inorganic acid, an organic acid, a supporting electrolyte, and boric acid (sulfuric acid [0097]).
Regarding claim 8, modified Kaku discloses all of the claim limitations as set forth above. Kaku further discloses at least one of: the amino acid comprises an amino acid having a side chain length of 1 to 6 carbon atoms; the inorganic acid comprises HCl, H2SO4, or combinations thereof; and the supporting electrolyte comprises an ion comprising Li+, Na+, K+, Rb+, Cs+, NH4 +, Ca2+, Ba2+, Mg2+, SO4 2−, F−, Cl−, or combinations thereof (sulfuric acid [0097]).
Regarding claim 10, modified Kaku discloses all of the claim limitations as set forth above. Bendert further discloses a volume of the negative electrolyte is less than a volume of the positive electrolyte (redox flow systems experience change in volumes of the anolyte fluid and the catholyte fluid [0004]-[0005], observation of decrease in relative volume of the anolyte fluid to the catholyte fluid [0019], [0024]).
Regarding claim 11, Kaku discloses a redox flow battery system (see Title, Abstract), comprising:
at least one rechargeable cell comprising a positive electrolyte, a negative electrolyte, and a separator positioned between the positive electrolyte and the negative electrolyte, the positive electrolyte in contact with a positive electrode, and the negative electrolyte in contact with a negative electrode ([0014]);
the positive electrolyte comprising water and a metal precursor (species of metal ions, aqueous solution [0014]-[0015]); and
the negative electrolyte comprising water and the metal precursor (species of metal ions, aqueous solution [0014]-[0015]); and
wherein the metal in the metal precursor comprises iron; and
wherein the metal precursor comprises FeCl2, FeCl3, FeSO4, Fe2(SO4)3, FeO, Fe, Fe2O3, or combinations thereof (iron [0014]).
However, Kaku does not disclose a concentration of the metal precursor in the negative electrolyte is greater than a concentration of the metal precursor in the positive electrolyte.
Bendert discloses reduction of water transfer across membrane in a redox flow battery, wherein the ionic molality of anolyte fluid is increased if the relative volume of the anolyte fluid to the catholyte fluid decreases (see Title, Abstract, [0019], [0024]). Bendert further discloses prior art redox flow systems experience change in volumes of the anolyte fluid and the catholyte fluid which complicate operation and maintenance, and that the disclosed method reduces or compensates for the movement of ions across the permeable membrane ([0004]-[0005]).
Kaku and Bendert are analogous art because they are concerned with the same field of endeavor, namely redox flow batteries.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to increase the ionic molality of the anolyte fluid when the relative volume of the anolyte fluid to the catholyte fluid decreases in Kaku because Bendert teaches improved efficiency in redox flow battery as a result of ionic molality balancing between the anolyte fluid and the catholyte fluid.
Regarding claim 13, modified Kaku discloses all of the claim limitations as set forth above. Kaku further discloses the separator is an ionically conductive membrane comprising an ionically conductive thin film composite membrane, an ionically conductive asymmetric composite membrane, a size exclusion membrane, an anion exchange membrane, or a cation exchange membrane (cation- or anion-exchange membrane [0099]).
Regarding claim 14, modified Kaku discloses all of the claim limitations as set forth above. Kaku further discloses the positive electrolyte, the negative electrolyte, or both further comprise at least one of: an amino acid, an inorganic acid, an organic acid, a supporting electrolyte, and boric acid (sulfuric acid [0097]).
Regarding claim 15, modified Kaku discloses all of the claim limitations as set forth above. Kaku further discloses at least one of: the amino acid comprises an amino acid having a side chain length of 1 to 6 carbon atoms; the inorganic acid comprises HCl, H2SO4, or combinations thereof; and the supporting electrolyte comprises an ion comprising Li+, Na+, K+, Rb+, Cs+, NH4 +, Ca2+, Ba2+, Mg2+, SO4 2−, F−, Cl−, or combinations thereof (sulfuric acid [0097]).
Regarding claim 17, modified Kaku discloses all of the claim limitations as set forth above. Bendert further discloses a volume of the negative electrolyte is less than a volume of the positive electrolyte (redox flow systems experience change in volumes of the anolyte fluid and the catholyte fluid [0004]-[0005], observation of decrease in relative volume of the anolyte fluid to the catholyte fluid [0019], [0024]).
Regarding claim 18, Kaku discloses a redox flow battery system (see Title, Abstract), comprising:
at least one rechargeable cell comprising a positive electrolyte, a negative electrolyte, and a separator positioned between the positive electrolyte and the negative electrolyte, the positive electrolyte in contact with a positive electrode, and the negative electrolyte in contact with a negative electrode ([0014]);
the positive electrolyte comprising water and a metal precursor (species of metal ions, aqueous solution [0014]-[0015]); and
the negative electrolyte comprising water and the metal precursor (species of metal ions, aqueous solution [0014]-[0015]); and
wherein the metal in the metal precursor comprises iron; and
wherein the metal precursor comprises FeCl2, FeCl3, FeSO4, Fe2(SO4)3, FeO, Fe, Fe2O3, or combinations thereof (iron [0014]); and
wherein the positive electrolyte, the negative electrolyte, or both further comprise at least one of: an amino acid, an inorganic acid, a supporting electrolyte, and boric acid (sulfuric acid [0097]).
However, Kaku does not disclose a concentration of the metal precursor in the negative electrolyte is greater than a concentration of the metal precursor in the positive electrolyte.
Bendert discloses reduction of water transfer across membrane in a redox flow battery, wherein the ionic molality of anolyte fluid is increased if the relative volume of the anolyte fluid to the catholyte fluid decreases (see Title, Abstract, [0019], [0024]). Bendert further discloses prior art redox flow systems experience change in volumes of the anolyte fluid and the catholyte fluid which complicate operation and maintenance, and that the disclosed method reduces or compensates for the movement of ions across the permeable membrane ([0004]-[0005]).
Kaku and Bendert are analogous art because they are concerned with the same field of endeavor, namely redox flow batteries.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to increase the ionic molality of the anolyte fluid when the relative volume of the anolyte fluid to the catholyte fluid decreases in Kaku because Bendert teaches improved efficiency in redox flow battery as a result of ionic molality balancing between the anolyte fluid and the catholyte fluid.
Regarding claim 19, modified Kaku discloses all of the claim limitations as set forth above. Kaku further discloses at least one of: the amino acid comprises an amino acid having a side chain length of 1 to 6 carbon atoms; the inorganic acid comprises HCl, H2SO4, or combinations thereof; and the supporting electrolyte comprises an ion comprising Li+, Na+, K+, Rb+, Cs+, NH4 +, Ca2+, Ba2+, Mg2+, SO4 2−, F−, Cl−, or combinations thereof (sulfuric acid [0097]).
Claim(s) 4, 9, 12, 16, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaku et al. (US 2016/0181640A1) in view of Bendert et al. (US 2014/0057140A1), as applied to claims 1-3, 5-8, 10-11, 13-15, 17-19 above, and further in view of Schubert et al. (US 2018/0241065A1).
Regarding claim 4, modified Kaku discloses all of the claim limitations as set forth above. With respect to claim 4 reciting a concentration range, because Kaku further discloses the concentration of reactive metal ions in the positive electrolyte is 0.001 M or more and 5 M or less and the concentration of metal ions in the negative electrolyte is 0.3 M or more and 5 M or less, wherein within the above concentration range, reactive metal ions are effectively used as an active material and a high energy density is achieved, generation of precipitate can be suppressed and reactive metal ions are sufficiently dissolved in acid aqueous solution ([0018]-[0023]). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to optimize the concentration in order to arrive at a desired balance of energy density, performance and manufacturability (see MPEP 2144.05).
Further regarding claim 4, modified Kaku does not disclose the metal precursor in the negative electrolyte comprises FeCl2; and the metal precursor in the positive electrolyte comprises FeCl2.
Schubert discloses a redox flow battery comprising iron salts such as Fe-III chloride and Fe-III chloride which are water-soluble in acid electrolytes and have high storage capacities, which can be used in both the catholyte and anolyte ([0195]-[0199]).
Modified Kaku and Schubert are analogous art because they are concerned with the same field of endeavor, namely redox flow batteries comprising catholyte and anolyte including iron species.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate FeCl2 in the catholyte and in the anolyte of Kaku because Schubert specifically teaches that FeCl2 is compatible with acid aqueous electrolytes and also provides high storage capacity.
Regarding claim 9, modified Kaku discloses all of the claim limitations as set forth above. With respect to claim 9 reciting a concentration range, because Kaku further discloses the concentration of reactive metal ions in the positive electrolyte is 0.001 M or more and 5 M or less and the concentration of metal ions in the negative electrolyte is 0.3 M or more and 5 M or less, wherein within the above concentration range, reactive metal ions are effectively used as an active material and a high energy density is achieved, generation of precipitate can be suppressed and reactive metal ions are sufficiently dissolved in acid aqueous solution ([0018]-[0023]). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to optimize the concentration in order to arrive at a desired balance of energy density, performance and manufacturability (see MPEP 2144.05).
Further regarding claim 9, modified Kaku does not disclose the negative electrolyte comprises FeCl2; NaCl, KCl, NH4Cl, or combinations thereof; optionally HCl; optionally boric acid; optionally glycine; and optionally FeCl3; and the positive electrolyte comprises FeCl2; NaCl, KCl, NH4Cl, or combinations thereof; optionally HCl; optionally glycine; optionally boric acid; and optionally FeCl3.
Schubert discloses a redox flow battery comprising iron salts such as Fe-III chloride and Fe-III chloride which are water-soluble in acid electrolytes and have high storage capacities, which can be used in both the catholyte and anolyte ([0195]-[0199]). Schubert further discloses the electrolyte includes further additives such as NaCl, KCl as conducting salts (Abstract, [0210]).
Modified Kaku and Schubert are analogous art because they are concerned with the same field of endeavor, namely redox flow batteries comprising catholyte and anolyte including iron species.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate FeCl2 and NaCl or KCl in the catholyte and in the anolyte of Kaku because Schubert specifically teaches that FeCl2 is compatible with acid aqueous electrolytes and also provides high storage capacity.
Regarding claim 12, modified Kaku discloses all of the claim limitations as set forth above. With respect to claim 12 reciting a concentration range, because Kaku further discloses the concentration of reactive metal ions in the positive electrolyte is 0.001 M or more and 5 M or less and the concentration of metal ions in the negative electrolyte is 0.3 M or more and 5 M or less, wherein within the above concentration range, reactive metal ions are effectively used as an active material and a high energy density is achieved, generation of precipitate can be suppressed and reactive metal ions are sufficiently dissolved in acid aqueous solution ([0018]-[0023]). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to optimize the concentration in order to arrive at a desired balance of energy density, performance and manufacturability (see MPEP 2144.05).
Further regarding claim 12, modified Kaku does not disclose the metal precursor in the negative electrolyte comprises FeCl2; and the metal precursor in the positive electrolyte comprises FeCl2.
Schubert discloses a redox flow battery comprising iron salts such as Fe-III chloride and Fe-III chloride which are water-soluble in acid electrolytes and have high storage capacities, which can be used in both the catholyte and anolyte ([0195]-[0199]).
Modified Kaku and Schubert are analogous art because they are concerned with the same field of endeavor, namely redox flow batteries comprising catholyte and anolyte including iron species.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate FeCl2 in the catholyte and in the anolyte of Kaku because Schubert specifically teaches that FeCl2 is compatible with acid aqueous electrolytes and also provides high storage capacity.
Regarding claim 16, modified Kaku discloses all of the claim limitations as set forth above. With respect to claim 16 reciting a concentration range, because Kaku further discloses the concentration of reactive metal ions in the positive electrolyte is 0.001 M or more and 5 M or less and the concentration of metal ions in the negative electrolyte is 0.3 M or more and 5 M or less, wherein within the above concentration range, reactive metal ions are effectively used as an active material and a high energy density is achieved, generation of precipitate can be suppressed and reactive metal ions are sufficiently dissolved in acid aqueous solution ([0018]-[0023]). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to optimize the concentration in order to arrive at a desired balance of energy density, performance and manufacturability (see MPEP 2144.05).
Further regarding claim 16, modified Kaku does not disclose the negative electrolyte comprises FeCl2; NaCl, KCl, NH4Cl, or combinations thereof; optionally HCl; optionally boric acid; optionally glycine; and optionally FeCl3; and the positive electrolyte comprises FeCl2; NaCl, KCl, NH4Cl, or combinations thereof; optionally HCl; optionally glycine; optionally boric acid; and optionally FeCl3.
Schubert discloses a redox flow battery comprising iron salts such as Fe-III chloride and Fe-III chloride which are water-soluble in acid electrolytes and have high storage capacities, which can be used in both the catholyte and anolyte ([0195]-[0199]). Schubert further discloses the electrolyte includes further additives such as NaCl, KCl as conducting salts (Abstract, [0210]).
Modified Kaku and Schubert are analogous art because they are concerned with the same field of endeavor, namely redox flow batteries comprising catholyte and anolyte including iron species.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate FeCl2 and NaCl or KCl in the catholyte and in the anolyte of Kaku because Schubert specifically teaches that FeCl2 is compatible with acid aqueous electrolytes and also provides high storage capacity.
Regarding claim 20, modified Kaku discloses all of the claim limitations as set forth above. With respect to claim 20 reciting a concentration range, because Kaku further discloses the concentration of reactive metal ions in the positive electrolyte is 0.001 M or more and 5 M or less and the concentration of metal ions in the negative electrolyte is 0.3 M or more and 5 M or less, wherein within the above concentration range, reactive metal ions are effectively used as an active material and a high energy density is achieved, generation of precipitate can be suppressed and reactive metal ions are sufficiently dissolved in acid aqueous solution ([0018]-[0023]). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to optimize the concentration in order to arrive at a desired balance of energy density, performance and manufacturability (see MPEP 2144.05).
Further regarding claim 20, modified Kaku does not disclose the negative electrolyte comprises FeCl2; NaCl, KCl, NH4Cl, or combinations thereof; optionally HCl; optionally boric acid; optionally glycine; and optionally FeCl3; and the positive electrolyte comprises FeCl2; NaCl, KCl, NH4Cl, or combinations thereof; optionally HCl; optionally glycine; optionally boric acid; and optionally FeCl3.
Schubert discloses a redox flow battery comprising iron salts such as Fe-III chloride and Fe-III chloride which are water-soluble in acid electrolytes and have high storage capacities, which can be used in both the catholyte and anolyte ([0195]-[0199]). Schubert further discloses the electrolyte includes further additives such as NaCl, KCl as conducting salts (Abstract, [0210]).
Modified Kaku and Schubert are analogous art because they are concerned with the same field of endeavor, namely redox flow batteries comprising catholyte and anolyte including iron species.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate FeCl2 and NaCl or KCl in the catholyte and in the anolyte of Kaku because Schubert specifically teaches that FeCl2 is compatible with acid aqueous electrolytes and also provides high storage capacity.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 11,837,767 B2 in view of Bendert et al. (US 2014/0057140A1).
Claims 1-17 of U.S. Patent No. 11,837,767 B2 discloses a battery system or redox flow battery system that is substantially similar to the redox flow battery system of the instant application, but claims 1-17 of U.S. Patent No. 11,837,767 B2 do not disclose a concentration of the metal precursor in the negative electrolyte is greater than a concentration of the metal precursor in the positive electrolyte or that a volume of the negative electrolyte is less than a volume of the positive electrolyte.
Bendert discloses reduction of water transfer across membrane in a redox flow battery, wherein the ionic molality of anolyte fluid is increased if the relative volume of the anolyte fluid to the catholyte fluid decreases (see Title, Abstract, [0019], [0024]). Bendert further discloses prior art redox flow systems experience change in volumes of the anolyte fluid and the catholyte fluid which complicate operation and maintenance, and that the disclosed method reduces or compensates for the movement of ions across the permeable membrane ([0004]-[0005]).
U.S. Patent No. 11,837,767 B2 and Bendert are analogous art because they are concerned with the same field of endeavor, namely redox flow batteries.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to increase the ionic molality of the anolyte fluid when the relative volume of the anolyte fluid to the catholyte fluid decreases in U.S. Patent No. 11,837,767 B2 because Bendert teaches improved efficiency in redox flow battery as a result of ionic molality balancing between the anolyte fluid and the catholyte fluid.
Conclusion
THIS ACTION IS MADE FINAL. 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 JAMES LEE whose telephone number is (571)270-7937. The examiner can normally be reached M-F: 9AM - 5PM.
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/James Lee/Primary Examiner, Art Unit 1725 9/26/2025