fDetailed Action
This is a Non-Final Office action based on application 17/855,614 filed on June 30, 2022. The application is a DIV of application 15/809,864 with a priority date of November 10, 2017.
Claims 1, 3-5, 7-9, 12-13, 15, 17-23, and 25 are pending; claims 17-23 and 25 are withdrawn; and claims 1, 3-5, 7-9, 12-13, and 15 have been fully considered.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6 February 2026 has been entered.
Status of the Rejection
The double patenting rejections are overcome by Applicant’s Terminal Disclaimer filed 5 December 2025, and are withdrawn.
The §103 rejections of record are overcome by amendment, and are withdrawn.
New §103 grounds are presented in this 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, 3-5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over “Suss1” (US 2012/0273359 A1 to Suss et al), in view of “Suss2” (Energy Environ. Sci., 5, 9511-9519 (2012)), in further view of “Whitacre” (US 2012/0064388 A1 to Whitacre et al).
Regarding claim 1, Suss1 teaches a capacitive deionization device for removing ions from a target solution (para [0018], [0034]), comprising:
a first porous electrode (in para [0045] and figure 4B, upstream porous electrode 428);
a second porous electrode below and spaced from the first porous electrode (in para [0045] and figure 4B, downstream porous electrode 430);
a first header plate disposed on the first porous electrode, the first header plate defining an input flow channel that is in fluidic communication with the first porous electrode (see figure 4B and Examiner's annotation below; a first header plate is disposed on first electrode 428 and defines input flow channel 422 in communication with the first electrode);
a second header plate disposed below the second porous electrode, the second header plate defining an output flow channel that is in fluidic communication with the second porous electrode (see figure 4B and Examiner's annotation below; a second header plate is disposed beneath second electrode 430 and defines output flow channel 424 in communication with the second electrode),
and a non-conductive separator disposed between the first porous electrode and the second porous electrode (figure 4B, separator 434; para [0045]), the non-conductive separator being permeable to the target solution (para [0045], "porous, solid separator 434 is located between electrodes 428 and 430 ... ions are removed from the water as it traverses the path through the electrodes 428 and 430"; it is clearly implied that water permeates through the separator 434 as it flows the path through electrodes 428, 430).
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Examiner’s annotation on Suss1, figure 4B
Suss1's illustration includes a member disposed between the first header plate and the second header plate and surrounding the first porous electrode and second porous electrode (see figure 4B and Examiner's annotation above). However, Suss1 is silent as to the composition or function of that member. Suss1 does not clearly disclose that an epoxy sealant is disposed between the first header plater and the second header plater and surrounding the first porous electrode and second porous electrode.
Suss2 discloses a similar capacitive deionization device for removing ions from a target solution (pg 9511 abstract; pg 9515 figure 4A), comprising:
a first porous electrode (pg 9515 figure 4A, the upstream one of the two HCAM electrodes, labeled “1st electrode” in Examiner’s annotation of figure 4A below);
a second porous electrode downstream from the first porous electrode (pg 9515 figure 4A, the downstream one of the two HCAM electrodes, labeled “2nd electrode” in Examiner’s annotation of figure 4A below);
a first header plate disposed on the first porous electrode, the first header plate defining an input flow channel that is in fluidic communication with the first porous electrode (pg 9515 figure 4A, “Upstream endplate” is a first header plate defining input flow channel “Port 1”);
a second header plate disposed below the second porous electrode, the second header plate defining an output flow channel that is in fluidic communication with the second porous electrode (pg 9515 figure 4A, “Downstream endplate” is a second header plate defining output flow channel “Output port”),
a nonconductive separator disposed between the first and second porous electrodes and permeable to the target solution (pg 9515 figure 4A, “Separator”; pg 9515 left column para 3, “porous polypropylene separator material”), and
[AltContent: arrow]an epoxy sealant disposed between the first header plate and the second header plate and surrounding the first porous electrode and the second porous electrode (pg 9515 right column para 1, “The electrodes and separator were sandwiched together while we epoxied this assembly into a 4 x 4 cm acrylic housing. The epoxy sealed or ‘‘potted’’ the assembly to the inner surfaces of the 2 x 2 cm window laser cut into the housing (Universal Laser Systems, Scottsdale, AZ), which forced pumped liquid to flow through the electrode and separator assembly. This assembly was then sandwiched between the 4 x 4 cm upstream and downstream acrylic endplates”; as indicated in annotation of Suss2 figure 4A below, the location of the epoxy sealant is between the first and second header plates and is surrounding the first and second electrodes).
Suss2 figure 4A with Examiner’s annotations
Suss2 says that the epoxy sealant has the function of sealing the edges of the electrodes so that introduced water is forced to pass through the electrodes rather than flowing around the electrodes (pg 9515 right column).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate, in the device of Suss1, epoxy sealant between the header plates and surrounding the electrodes, in order to seal water into the device so that water is confined to flow through the deionization electrodes, as disclosed in Suss2. Furthermore, the claimed limitations are obvious because all 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 yielded nothing more than predictable results [MPEP 2143(A)].
Suss1 and Suss2 do not teach the claimed feature of wherein a lateral dimension of the non-conductive separator is larger than a lateral dimension of the first porous electrode and larger than a lateral dimension of the second porous electrode; wherein a first surface of the non-conductive separator extending along the lateral dimension of the non-conductive separator protrudes beyond an edge of the first porous electrode and contacts the epoxy sealant; and wherein a second surface of the non-conductive separator extending along the lateral dimension of the non-conductive separator protrudes beyond an edge of the second porous electrode and contacts the epoxy sealant, and wherein the epoxy sealant forms a continuous seal with the non-conductive separator from the first surface of the non-conductive separator to the second surface of the non-conductive separator.
Whitacre teaches an aqueous electrochemical energy storage device such as a hybrid battery/capacitor (para [0004], [0013], [0026]-[0027]), comprising:
first electrodes (figures 2, 5, 9-10, cathodes 106; para [0030]-[0031]);
second electrodes (figure 2, 5, 9-10, anodes 104; para [0030]-[0031]);
a first header plate disposed on the first porous electrode, and a second header plate disposed below the second electrode (figure 10, header plates 118, para [0049]-[0050]);
an epoxy sealant disposed between the first header plate and the second header plate and surrounding the first porous electrode and the second porous electrode (para [0047], “a frame 112 which seals each individual cell. The frame 112 is preferably made of an electrically insulating material, for example, ... poured epoxy”; para [0055], “a method of making... may include ... pouring an electrically insulating polymer around the stack 100B,P of electrochemical cells 102. The method may also include the step of solidifying the polymer to form a solid insulating shell or frame 112”); and
a non-conductive separator disposed between the first porous electrode and the second porous electrode, the non-conductive separator being permeable to the electrolyte (figures 2, 5, 9-10, separator 108; para [0030], [0046]-[0047]),
wherein a lateral dimension of the non-conductive separator is larger than a lateral dimension of the first porous electrode and larger than a lateral dimension of the second porous electrode (as seen in figure 9-10, separator 108 is larger in lateral dimension than both first electrode 106 and second electrode 104),
wherein a first surface of the non-conductive separator extending along the lateral dimension of the non-conductive separator (1) protrudes beyond an edge of the first porous electrode and (2) contacts the epoxy sealant, wherein a second surface of the non-conductive separator extending along the lateral dimension of the non-conductive separator (1) protrudes beyond an edge of the second porous electrode and (2) contacts contact the epoxy sealant (as seen in figures 9-10, the surface of the separator 108 that faces the first electrode 106 (i.e. the first surface of the separator 108), and an opposing surface of the separator 108 that faces the second electrode 104 (i.e. the second surface of the separator 108) each protrude beyond an edge of the respective electrodes to contact the epoxy sealant 112), and
wherein the epoxy sealant forms a continuous seal with the non-conductive separator from the first surface of the non-conductive separator to the second surface of the non- conductive separator (as seen in figures 9-10, poured epoxy seal 112 forms a continuous seal that wraps around the edges of the separator 108 to contact the first (upper) surface and second (lower) surface of the separator 108).
Whitacre teaches that the electrochemical device assembled this way shows a robust hermetic sealing and stability that makes it suitable for long term operation (para [0087]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Suss1 by making the separator larger than the electrodes so that the separator protrudes past the edges of the electrodes and embeds securely into the sealant, based on Whitacre’s disclosure of this feature in the context of an related electrochemical cell having similar structural features of a stacked first electrode, separator, and second electrode sealed in a poured epoxy frame (figure 9-10), and in view of Whitacre’s teaching that the device assembled this way is hermetically sealed and stable (para [0087]). The claimed limitations are obvious because all 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 yielded nothing more than predictable results [MPEP 2143(A)].
Regarding claim 3, Suss1 in view of Suss2 and Whitacre renders the capacitive deionization device of claim 1 obvious. Suss1 further teaches the first and second electrodes are each electrically connected to current collectors (para [0049]). Suss1 does not teach that a first and second current collector each comprise two portions, with a first portion of each current collector being disposed between the respective electrode and respective header plate, and the second portion exposed from the sealant.
Whitacre further teaches their device comprises a housing (figure 6, housing 116), first current collectors (figure 2, cathode current collectors 110c) and second current collectors (figure 2, anode current collectors 110a), wherein each of the first and second current collectors comprise a first portion that interfaces with the respective electrode (figure 2, 9-10, the graphite current collector disc 110c/110a interleaved into the electrode stack and contacting respective first and second electrodes 106, 104; figure 6, nonmetallic busbars 112 and sheets 110c/110a), and a second portion exposed through the sealant to make terminal contact outside the battery housing (para [0047], the graphite current collector extends past the sealant frame 112 and is further sealed against the frame by a further sealant 114; figure 6-7 and para [0043]-[0044], busbar connects to metallic interconnection 124, which is exposed protruding from sealant 114 to make terminal contact).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, when modifying Suss1 to incorporate a sealant material surrounding the electrodes of the device, to expose current collector terminals through the sealant in the manner taught by Whitacre, so that electrical contact can be made between the electrodes on the inside of the sealed chamber, and current supply system on the outside of the sealed chamber.
Regarding claim 4, Suss1 in view of Suss2 and Whitacre renders the capacitive deionization device of claim 3 obvious. Suss1 further teaches an electric circuit electrically connecting the second portion of the first current collector and the second portion of the second current collector, during operation the electric circuit producing an electric field across the first porous electrode and the second porous electrode (para [0047], "electrical circuit 510 energizes the electrodes 502 and 504 and produces an electrical field acting on the feed water 506"; para [0049], electrodes are connected to the current collectors; since the current collector is in electrical contact with itself, a connection to any portion of the current collector is necessarily a connection to every portion of the current collector).
Regarding claim 5, Suss1 in view of Suss2 and Whitacre renders the capacitive deionization device of claim 1 obvious. Suss1 further teaches the first and second electrodes each has micrometer-scale pores permeable to the target solution, and the first porous electrode has nanometer-scale pores to which ions of the target solution having a first charge state adsorb in response to an electric field across the first porous electrode and the second porous electrode (para [0035], "The electrodes used must have a network of micron-scale pores allowing for efficient fluidic transport and a large population of sub 50 nm pores to allow for high surface area and capacitance ... porosimetry results show a hierarchical structure consisting of a narrow band of ~1 µm pores, and sub-10 nm pores"; para [0051], "electrodes 602 and 604 include pores 616 through which the flow of feed water 606 flows. The micron scale pores 616 allow for fluid flow 606 directly through the electrode 604 while the nano-scale pores 616 provide high surface area for adsorption of ions").
Regarding claim 8, Suss1 in view of Suss2 and Whitacre renders the capacitive deionization device of claim 1 obvious. Suss1 further teaches an input flow line (figure 4B, inflow water 426) attached to the first header plate, the input flow line in fluidic communication with the input flow channel of the first header plate (figure 4B, input flow line 426 is in communication with the input flow channel 422 and upstream reservoir of the first header plate); and an output flow line attached to the second header plate (figure 4B, "outflow water"), the output flow line in fluidic communication with the output flow channel of the second header plate (figure 4B, "outflow water" is in communication with output flow channel 424; see examiner's annotation).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Suss1, Suss2, and Whitacre as applied to claim 1 above, in further view of Takeyama et al (US 2012/0295199 A1).
Regarding claim 7, Suss1 in view of Suss2 and Whitacre renders the capacitive deionization device of claim 1 obvious. However, while Suss2 and Whitacre each teach the sealant is an epoxy, Suss2 and Whitacre do not teach that the epoxy sealant is a UV-curable epoxy that includes a UV photo-acid generator.
Takeyama is directed to epoxy resin compositions which are suitable for sealing electronic devices (para [0001]-[0005], [0020]), and more particularly, to an ultraviolet (UV) curable epoxy that includes a UV photo-acid generator (para [0101]-[0104], [0133]-[0135]). Takeyama teaches that the use of a photo-acid generator eliminates the use of curing agents commonly used in epoxy resin compositions and therefore gives an epoxy resin with good storage stability (para [0030]-[0032]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, when selecting an epoxy resin to use as the sealant in the device of Suss1, Suss2, and Whitacre, to select an ultraviolet (UV) curable epoxy that includes a UV photo-acid generator, as disclosed in Takeyama, based on Takeyama's teaching that such resins are suitable as sealants in electronic devices (para [0156]-[0157], and have advantageous properties such as good storage stability (para [0030]-[0032]). The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art [MPEP § 2144.07].
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Suss1, Suss2, and Whitacre as applied to claim 1 above, in further view of Yang et al (US 2010/0170784 A1).
Regarding claim 9, Suss1 in view of Suss2 and Whitacre renders the capacitive deionization device of claim 1 obvious. Suss1, Suss2, and Whitacre do not teach that at least one of the first and second header plates is etched on a surface opposite an external surface, with the etched surface defining a plurality of microchannels which are adjacent to the respective porous electrode, wherein the input/output flow channel(s) are in fluidic communication with the microchannels of the corresponding flow plate(s).
Yang is similarly directed to a capacitive deionization device (figure 2) comprising:
a first porous electrode (figure 2, the uppermost electrode; para [0043], electrodes may be made from porous material; "1st electrode" in Examiner's annotation of Yang below);
a second porous electrode below and spaced from the first porous electrode (figure 2, the lowermost electrode; "2nd electrode" in Examiner's annotation);
a first header plate disposed on the first porous electrode ("1st header plate" in examiner's Annotation of Yang figure 2), the first header plate defining an input flow channel that is in fluidic communication with the first porous electrode (figure 2, input flow channel 11);
a second header plate disposed below the second porous electrode ("2nd header plate" in examiner's annotation), the second header plate defining an output flow channel that is in fluidic communication with the second porous electrode (figure 2, output flow channel 12); and wherein:
the first header plate has an etched surface facing the first porous electrode ("1st channels" facing "1st electrode" in Examiner's annotation) and an external surface opposite to the etched surface (the exterior surface of the first header), the first header plate defining the input flow channel adjacent to the external surface (figure 2, input flow channel 11 is defined within the first header plate, and is adjacent to the outer surface of the first header), the first header plate defining a plurality of micro- channels distributed on the etched surface adjacent to the first porous electrode ("1st channels" in examiner's annotation of figure 2; figure 1, channels 100a2 are distributed on the etched surface of header 100 and adjacent to electrode 200; para [0038], Yang's channels are about 300 µm to 2 mm wide, about the same size as Applicant's exemplary "microchannels" (instant para [0070]), therefore Yang's channels read on claimed microchannels), wherein the input flow channel is in fluidic communication with the first porous electrode through the micro- channels distributed on the etched surface (para [0037]-[0038], electrolyte entering through input 11 flows into the microchannels);
and the second header plate has an etched surface facing the second porous electrode ("2nd channels" facing "2nd electrode" in Examiner's annotation) and an external surface opposite to the etched surface (the exterior surface of the second header), the second header plate defining the output flow channel adjacent to the external surface (figure 2, output flow channel 12 is defined within the second header plate, and is adjacent to the outer surface of the second header), the second header plate defining a plurality of micro-channels distributed on the etched surface adjacent to the second porous electrode ("2nd channels" in examiner's annotation of figure 2; figure 1, channels 100a2 are distributed on the etched surface of header 100 and adjacent to electrode 200; para [0038], Yang's channels are about 300 µm to 2 mm wide, about the same size as Applicant's exemplary "microchannels" (instant para [0070]), therefore Yang's channels read on claimed microchannels), wherein the output flow channel is in fluidic communication with the second porous electrode through the micro-channels distributed on the etched surface (para [0037]-[0038], the microchannels provide flow paths for electrolyte flowing through the CDI cell).
Yang teaches that the microchannels provide flow paths for distributing the target solution to the electrodes, thereby increasing the processing capacity and decreasing pressure drop in the capacitive deionization device (para [0037]-[0038]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the device of Suss1 by incorporating etched microchannels at the interface between the first header and first electrode, and at the interface between the second header and second electrode, as taught in Yang, for the purposes of providing solution flow paths for distributing the target solution to the electrodes, increasing the processing capacity and decreasing pressure drop in the capacitive deionization device, as taught in Yang (para [0037]-[0038]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Suss1, Suss2, and Whitacre as applied to claim 1 above, in further view of Kunjali et al (US 9,751,779 B1).
Regarding claim 12, Suss1 in view of Suss2 and Whitacre renders the capacitive deionization device of claim 1 obvious. Suss1, Suss2, and Whitacre do not disclose a reference wire.
Kunjali is similarly directed to a capacitive deionization device for removing ions from a target solution (col 1 ln 7-11; figure 1-4), comprising:
a first electrode and second electrode (figure 1-2, electrodes 16 and 17; col 2 ln 65 - col 3 ln 49);
a first header plate disposed on the first porous electrode, the first header plate defining an input flow channel that is in fluidic communication with the first porous electrode disclose;
a second header plate disposed below the second porous electrode, the second header plate defining an output flow channel that is in fluidic communication with the second porous electrode disclose; and
a sealant disposed between the first header plate and the second header plate and surrounding the first porous electrode and the second porous electrode disclose.
a reference electrode, wherein a portion of the reference electrode is disposed between the first and second porous electrode (figure 2, reference electrode 26 is between electrodes 16 and 17), and a portion of the reference electrode connects to a reference electrode terminal outside the cell (col 3 ln 65 - col 3 ln 17, the first, second, and reference electrodes are sealed within a watertight cell casing having a left side 11 and a right side 12 and connected to a power supply 310).
Kunjali teaches that the addition of a reference electrode to a capacitive deionization device improves the device by increasing its ion adsorption capacity and decreasing its energy consumption (col 6 ln 30 - col 7 ln 30).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the device of Suss1 by incorporating a reference electrode in between the first porous electrode and second porous electrode, in order to improve the energy efficiency and ion adsorption capacity, based on the teachings of Kunjali (col 6 ln 30 - col 7 ln 30). In doing so, it would have been obvious to dispose the reference electrode so that a portion of the reference electrode is exposed from the sealant, so that the reference electrode is able to make electrical connection to the device's power supply located outside the cell volume, in accordance with Kunjali (col 3 ln 65 - col 3 ln 17, the first, second, and reference electrodes are sealed within a watertight cell casing having a left side 11 and a right side 12 and connected to a power supply 310).
Claims 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Suss1 in view of Yang, Suss2, and Whitacre.
Regarding claims 13 and 15, Suss1 teaches a capacitive deionization device for removing ions from a target solution (para [0018], [0034]), comprising:
a first porous electrode (para [0045] and figure 4B, upstream electrode 428);
a second porous electrode below and spaced from the first porous electrode (in para [0045] and figure 4B, downstream porous electrode 430);
a first header plate disposed on the first porous electrode, the first header plate defining an input flow channel that is in fluidic communication with the first porous electrode (see figure 4B and Examiner's annotation below; a first header plate is disposed on first electrode 428 and defines input flow channel 422 in communication with the first electrode);
a second header plate disposed below the second porous electrode, the second header plate defining an output flow channel that is in fluidic communication with the second porous electrode (see figure 4B and Examiner's annotation below; a second header plate is disposed beneath second electrode 430 and defines output flow channel 424 in communication with the second electrode).
Suss1 does not teach that the first and second header plates are each etched on a surface opposite an external surface, with the etched surface defining a plurality of microchannels which are adjacent to the respective porous electrode, wherein the input/output flow channels are in fluidic communication with the microchannels of the corresponding flow plates.
Yang is similarly directed to a capacitive deionization device (figure 2) having
a first porous electrode (figure 2, the uppermost electrode; para [0043], electrodes may be made from porous material; "1st electrode" in Examiner's annotation of Yang below);
a second porous electrode below and spaced from the first porous electrode (figure 2, the lowermost electrode; "2nd electrode" in Examiner's annotation);
a first header plate disposed on the first porous electrode ("1st header plate" in examiner's Annotation of Yang figure 2), the first header plate defining an input flow channel that is in fluidic communication with the first porous electrode (figure 2, input flow channel 11);
a second header plate disposed below the second porous electrode ("2nd header plate" in examiner's annotation), the second header plate defining an output flow channel that is in fluidic communication with the second porous electrode (figure 2, output flow channel 12); and wherein:
the first header plate has an etched surface facing the first porous electrode ("1st channels" facing "1st electrode" in Examiner's annotation) and an external surface opposite to the etched surface (the exterior surface of the first header), the first header plate defining the input flow channel adjacent to the external surface (figure 2, input flow channel 11 is defined within the first header plate, and is adjacent to the outer surface of the first header), the first header plate defining a plurality of micro- channels distributed on the etched surface adjacent to the first porous electrode ("1st channels" in examiner's annotation of figure 2; figure 1, channels 100a2 are distributed on the etched surface of header 100 and adjacent to electrode 200; para [0038], Yang's channels are about 300 µm to 2 mm wide, about the same size as Applicant's exemplary "microchannels" (instant para [0070]), therefore Yang's channels read on claimed microchannels), wherein the input flow channel is in fluidic communication with the first porous electrode through the micro- channels distributed on the etched surface (para [0037]-[0038], electrolyte entering through input 11 flows into the microchannels);
and the second header plate has an etched surface facing the second porous electrode ("2nd channels" facing "2nd electrode" in Examiner's annotation) and an external surface opposite to the etched surface (the exterior surface of the second header), the second header plate defining the output flow channel adjacent to the external surface (figure 2, input flow channel 11 is defined within the first header plate, and is adjacent to the outer surface of the first header), the second header plate defining a plurality of micro-channels distributed on the etched surface adjacent to the second porous electrode ("2nd channels" in examiner's annotation of figure 2; figure 1, channels 100a2 are distributed on the etched surface of header 100 and adjacent to electrode 200; para [0038], Yang's channels are about 300 µm to 2 mm wide, about the same size as Applicant's exemplary "microchannels" (instant para [0070]), therefore Yang's channels read on claimed microchannels), wherein the output flow channel is in fluidic communication with the second porous electrode through the micro-channels distributed on the etched surface (para [0037]-[0038], the microchannels provide flow paths for electrolyte flowing through the CDI cell).
Yang teaches that the microchannels provide flow paths for distributing the target solution to the electrodes, thereby increasing the processing capacity and decreasing pressure drop in the capacitive deionization device (para [0037]-[0038]).
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Examiner's annotation of Yang figure 2
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Suss1 by incorporating etched microchannels at the interface between the first header and first electrode, and at the interface between the second header and second electrode, as taught in Yang, for the purposes of providing solution flow paths for distributing the target solution to the electrodes, increasing the processing capacity and decreasing pressure drop in the capacitive deionization device, as taught in Yang (para [0037]-[0038]).
Suss1's illustration includes a member disposed between the first header plate and the second header plate and surrounding the first porous electrode and second porous electrode (see figure 4B and Examiner's annotation above). However, Suss1 is silent as to the composition or function of that member. Suss1 and Yang do not clearly disclose that an epoxy sealant is disposed between the first header plater and the second header plater and surrounding the first porous electrode and second porous electrode.
Suss2 discloses a similar flow-through capacitive deionization device (as discussed above on pg 4-6 of this action), comprising an epoxy sealant disposed between the first header plate and the second header plate and surrounding the first porous electrode and the second porous electrode (pg 9515 right column para 1). Suss2 teaches that the epoxy sealant has the function of sealing the edges of the electrodes so that introduced water is forced to pass through the electrodes rather than flowing around the electrodes (pg 9515 right column).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate, in the device of Suss1, epoxy sealant between the header plates and surrounding the electrodes, in order to seal water into the device so that water is confined to flow through the deionization electrodes, as disclosed in Suss2. Furthermore, the claimed limitations are obvious because all 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 yielded nothing more than predictable results [MPEP 2143(A)].
Suss1, Yang, and Suss2 do not teach the claimed feature of wherein a lateral dimension of the non-conductive separator is larger than a lateral dimension of the first porous electrode and larger than a lateral dimension of the second porous electrode; wherein a first surface of the non-conductive separator extending along the lateral dimension of the non-conductive separator protrudes beyond an edge of the first porous electrode and contacts the epoxy sealant; and wherein a second surface of the non-conductive separator extending along the lateral dimension of the non-conductive separator protrudes beyond an edge of the second porous electrode and contacts the epoxy sealant, and wherein the epoxy sealant forms a continuous seal with the non-conductive separator from the first surface of the non-conductive separator to the second surface of the non-conductive separator.
Whitacre teaches an aqueous electrochemical energy storage device such as a hybrid battery/capacitor (para [0004], [0013], [0026]-[0027]), comprising:
first electrodes (figures 2, 5, 9-10, cathodes 106; para [0030]-[0031]);
second electrodes (figure 2, 5, 9-10, anodes 104; para [0030]-[0031]);
a first header plate disposed on the first porous electrode, and a second header plate disposed below the second electrode (figure 10, header plates 118, para [0049]-[0050]);
an epoxy sealant disposed between the first header plate and the second header plate and surrounding the first porous electrode and the second porous electrode (para [0047], “a frame 112 which seals each individual cell. The frame 112 is preferably made of an electrically insulating material, for example, ... poured epoxy”; para [0055], “a method of making... may include ... pouring an electrically insulating polymer around the stack 100B,P of electrochemical cells 102. The method may also include the step of solidifying the polymer to form a solid insulating shell or frame 112”); and
a non-conductive separator disposed between the first porous electrode and the second porous electrode, the non-conductive separator being permeable to the electrolyte (figures 2, 5, 9-10, separator 108; para [0030], [0046]-[0047]),
wherein a lateral dimension of the non-conductive separator is larger than a lateral dimension of the first porous electrode and larger than a lateral dimension of the second porous electrode (as seen in figure 9-10, separator 108 is larger in lateral dimension than both first electrode 106 and second electrode 104),
wherein a first surface of the non-conductive separator extending along the lateral dimension of the non-conductive separator (1) protrudes beyond an edge of the first porous electrode and (2) contacts the epoxy sealant, wherein a second surface of the non-conductive separator extending along the lateral dimension of the non-conductive separator (1) protrudes beyond an edge of the second porous electrode and (2) contacts contact the epoxy sealant (as seen in figures 9-10, the surface of the separator 108 that faces the first electrode 106 (i.e. the first surface of the separator 108), and an opposing surface of the separator 108 that faces the second electrode 104 (i.e. the second surface of the separator 108) each protrude beyond an edge of the respective electrodes to contact the epoxy sealant 112), and
wherein the epoxy sealant forms a continuous seal with the non-conductive separator from the first surface of the non-conductive separator to the second surface of the non- conductive separator (as seen in figures 9-10, poured epoxy seal 112 forms a continuous seal that wraps around the edges of the separator 108 to contact the first (upper) surface and second (lower) surface of the separator 108).
Whitacre teaches that the electrochemical device assembled this way shows a robust hermetic sealing and stability that makes it suitable for long term operation (para [0087]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the device of Suss1 by making the separator larger than the electrodes so that the separator protrudes past the edges of the electrodes and embeds securely into the sealant, based on Whitacre’s disclosure of this feature in the context of an related electrochemical cell having similar structural features of a stacked first electrode, separator, and second electrode sealed in a poured epoxy frame (figure 9-10), and in view of Whitacre’s teaching that the device assembled this way is hermetically sealed and stable (para [0087]). The claimed limitations are obvious because all 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 yielded nothing more than predictable results [MPEP 2143(A)].
Response to Arguments
Applicant’s arguments, see Remarks field 6 February 2026, with respect to the rejections of the claims under §103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in further view of Whitacre.
Applicant argues (Remarks pg 11-14) that claim 1 is distinguished over the previously applied Otowa reference by the claimed feature of wherein the epoxy sealant forms a continuous seal with the non-conductive separator that spans from the first surface of the separator to the second surface of the separator. Applicant argues that Otowa’s sealing arrangement, which includes one gasket contacting the first surface of the separator and a second gasket contacting the second surface of the separator, does not read on the amended claim because it is not a continuous seal.
Applicant’s argument is persuasive, and the §103 rejection of record is withdrawn.
In the Advisory Action of 8 January 2026, Examiner suggested that, if the amended claim 1 were entered, it could be rejected on new §103 grounds in further view of Day et al (US 6,212,062 B1). Applicant argues that Day does not suggest the claimed subject matter. Particularly, Applicant argues that Day does not disclose the claimed positional relationship between the separator and the sealant, and that Day’s assembly method would not necessarily have resulted in the claimed structure.
Applicant’s arguments with respect to Day are persuasive.
On further consideration, however, Examiner finds that the feature in question is shown in Whitacre reference. New §103 grounds of rejection are applied in view of previously applied references in further view of Whitacre.
Conclusion
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/ANDREW KOLTONOW/Examiner, Art Unit 1795
/LUAN V VAN/Supervisory Patent Examiner, Art Unit 1795
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