DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11 DECEMBER 2025 has been entered.
Claim Status
Rejected Claims: 1-5, 26-29, and 33
Cancelled Claims: 6-25 and 30-32
Response to Amendment
The amendment filed on 11 DECEMBER 2025 has been entered.
In view of the amendment to the claims, the amendment of claims 1-5 and 26-29, the cancellation of claims 6-7, 9-14, 20-24, and 30-32, and the addition of new claim 33 have been acknowledged.
In view of the amendment to claims 1 and 27 and the cancellation of claims 30-31, the previous claim objections have been withdrawn.
In view of the amendment to claims 1 and 27-28 and the cancellation of claims 10, 22, and 32, the previous rejections under 35 U.S.C. 112(b) have been withdrawn.
In view of the amendment to claim 1, the rejections under 35 U.S.C. 103 have been modified and a new rejection under 35 U.S.C. 102 has been made.
Response to Arguments
Applicant’s arguments filed on 11 DECEMBER 2025 have been fully considered.
Applicant argues, regarding claim 1, that Nakano et al (US Patent Application No. 20220289600 A1) hereinafter Nakano teaches one electrode plate on only one side in a single chamber frame compartment that is not symmetrical about a fluid housing at the center, where Applicant indicates cathode chamber 24 to be the fluid housing, and so there are not separate and independent sealing zones for the fluid housing and the electrode plates (Arguments filed 11 DECEMBER 2025, Page 8 to Page 10, Paragraph 2).
Applicant argues, regarding Nakano, that it is not possible to modify Nakano and that any modifications would change the principle of operation of Nakano and so any combination of Nakano with Ricci et al (US Patent Application No. 20200002195 A1) hereinafter Ricci would be impermissible (Arguments filed 11 DECEMBER 2025, Page 10, Paragraphs 3-5).
The Examiner respectfully disagrees.
Regarding Applicant’s arguments for claim 1, Applicant is selecting the incorrect fluid housing to be compared with Nakano. Nakano has a central fluid housing (Fig. 10, #33A) about which there are four gaskets and two electrode plates with a symmetrical construction, seen below in Fig. 10. As such, there are clearly the same designated separate and independent sealing zones in the electrolytic cell as taught by Nakano as indicated in instant claim 1.
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Regarding Applicant’s arguments against the combination of Nakano with Ricci, this argument is rendered moot because the amendments to instant claim 1 have rendered the claim anticipated by Nakano alone, and so there is no longer a combination of prior art in the new rejection.
Claim Interpretation
Claims 2 and 3 refer to “a vertical plane” on which non-conductive inserts are aligned, but the direction of “vertical” with respect to the apparatus has not been defined. The “widthwise direction” is clear because the elements are shown to be stacked and the stacking dimension of the device is clearly the shortest. However, it is not clear whether the device must be in any particular horizontal or vertical orientation, and this confusion changes the placement of the non-conductive inserts to potentially three different locations. In Fig. 2, it appears as though the spacers are to be oriented in a length-wise direction with respect to the electrode plates and the Examiner will use the length-wise direction/plane interpretation for the location of the non-conductive insert elements.
Claim Objections
Claims 1-5, 27-29, and 33 are objected to because of the following informalities:
In Claim 1:
“and a third sealing gasket and a fourth sealing gasket” in line 14 of the claim should read “a third sealing gasket and a fourth sealing gasket”
“wherein the at least two electrode plates comprising” in lines 19-20 of the claim should read “wherein the at least two electrode plates comprise”
“the at least two electrode plate” in lines 32-33 of the claim should read “the at least two electrode plates”
In Claim 2:
“The working electrode compartment of claim 1” in lines 1-2 of the claim should read “The working electrode compartment of claim 1,”
“comprising first non-conductive insert” in line 3 of the claim should read “a comprising first non-conductive insert”
“wherein the first non-conductive insert positioned in” in line 5 of the claim should read “wherein the first non-conductive insert is positioned in”
“wherein the second non-conductive insert positioned in” in line 6 of the claim should read “wherein the second non-conductive insert is positioned in”
In Claim 3:
“The working electrode compartment of claim 1” in lines 1-2 of the claim should read “The working electrode compartment of claim 1,”
“comprising first non-conductive insert” in lines 2-3 of the claim should read “a comprising first non-conductive insert”
In Claim 4:
“The working electrode compartment claim 2” in lines 1-2 of the claim should read “The working electrode compartment of claim 2,”
“said second sealing gasket” in line 3 of the claim should read “said third sealing gasket”.
“directly between to said” in line 4 of the claim should read “directly between said”.
In Claim 5:
“The working electrode compartment of claim 3” in lines 1-2 of the claim should read “The working electrode compartment of claim 3,”
“said second sealing gasket” in line 3 of the claim should read “said third sealing gasket”.
“said further non-conductive insert” in line 5 of the claim should read “said fourth non-conductive insert”.
In Claim 27:
“each of said one or more single half counter-electrode” twice in lines 4-5 and line 19 of the claim should read “each of said one or more single half counter-electrodes”
“at least three sealing gasket” in line 10 of the claim should read “at least three sealing gaskets”.
“between a first and a second sealing gasket” in line 15 of the claim should read “between the first and the second sealing gaskets”.
“the one or more working electrode(s)” in line 22 of the claim should read “the one or more working electrodes”
“the one or more single half counter-electrode(s)” in lines 22-23 of the claim should read “the one or more single half counter-electrodes”
“the number of one or more working electrodes and one or more single half counter-electrodes” in lines 32-33 of the claim should read “the number of the one or more working electrodes and the one or more single half counter-electrodes”
In Claim 28:
“The working electrode” in line 1 of the claim should read “the working electrode compartment”
“the at least one electrode plate is removable” in line 2 of the claim should read “the at least two electrode plates are removable”
In Claim 29:
“The working electrode” in line 1 of the claim should read “the working electrode compartment”
In Claim 33:
“The working electrode” in line 1 of the claim should read “the working electrode compartment”
“two electrode plates” in line 7 of the claim should read “the two electrode plates”
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5, 26-29, and 33 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the electrode plate" in lines 33-34 of the claim and “the fluid housing seals” in line 34 of the claim. These limitations are indefinite because it is unclear if they are referencing all of, multiples of, or singles of the respective plates and seals that are previously introduced in claim 1.
Claims 2-5, 26-29, and 33 are rejected because of their dependence upon claim 1.
Claim 26 recites the limitation "the working electrode" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 27 recites duplicate limitations for a second structure, the first structure being the working electrode compartment and the second structure being the one or more single half counter-electrodes, and then references them as, “the inlet” and “the outlet” in line 7 of the claim, “the fluid housing” three times in lines 10, 10-11, and 34 of the claim, “the third sealing gasket” in line 14 of the claim, and “the first or second sealing gaskets” in line 14 of the claim. It is unclear if these limitations are referencing the original instances in claim 1 or the new instances introduced in claim 27.
Claim 27 recites the limitation "the one or more working electrodes" in line 18 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 28 recites the limitation "the electrode assembly" in line 18 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 33 recites the limitation "the working electrode" in line 1 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 29 are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Nakano et al (US Patent Application No. 20220289600 A1) hereinafter Nakano.
Regarding Claim 1, Nakano discloses an electrolytic cell (a working electrode compartment comprising; Fig. 10, #10A) with
an intermediate chamber frame (i.e., a fluid housing, wherein the fluid housing comprises; Fig. 10, #33A; Paragraph 0142) that has a supply groove (i.e., an inlet; Fig. 11, #336; Paragraph 0160) to supply passages (Fig. 11, P) with salt water that is discharged from a salt water discharge groove (i.e., and outlet suitable for transfer of liquid and/or gases and; Fig. 11, #338; Paragraph 0163) where the water enters and exits each passage in grids (i.e., a fluid distributor positioned at both the inlet and the outlet; Figs. 10 & 11, #51A & 52A; Paragraphs 0155-0157) so that the ion supply capability provided by the intermediate chamber (Fig. 10, #3) can be improved (Paragraph 0168),
where the electrolytic cell has four gaskets (i.e., at least four sealing gaskets comprising at least a first sealing gasket, a second sealing gasket, a third sealing gasket, and a fourth sealing gasket; Fig. 10, #245, 256, 456, & 454) that match the planar shape of the intermediate chamber frame (Paragraph 0147) where the gaskets 256 (i.e., wherein the first) and 456 (i.e., and second sealing gaskets) are disposed directly on either side of the intermediate chamber (i.e., are positioned directly on both sides of the fluid housing in a widthwise direction; Fig. 10),
where the electrolytic cell has a cathode electrode (i.e., wherein the at least two electrode plates comprises a first electrode plate; Fig. 10, #22A; Paragraph 0147) and an anode electrode (i.e., at least two electrode plates; and a second electrode plate; Fig. 10, #42A; Paragraph 0151) with the cathode electrode adjacent to gasket 256 (i.e., where the first electrode plate is positioned directly adjacent to the first sealing gasket in a widthwise direction and) and the anode electrode adjacent to gasket 456 (i.e., the second electrode plate is positioned directly adjacent to the second sealing gasket in a widthwise direction and) with no electrodes between gaskets 256 and 456 (i.e., wherein no electrode plate is positioned between the first sealing gasket and the second sealing gasket; Fig. 10),
where gasket 254 is located on the opposite side of the cathode electrode as gasket 256 (i.e., wherein the third sealing gasket is positioned directly adjacent to the first electrode plate in a widthwise direction and on the opposite side of the first electrode plate as the first sealing gasket; Fig. 10)
and gasket 454 is located on the opposite side of the anode electrode as gasket 456 (i.e., wherein the fourth sealing gasket is positioned directly adjacent to the second electrode plate in a widthwise direction and on the opposite side of the second electrode plate as the second sealing gasket; Fig. 10),
and where Fig. 12 below shows the sealing gaskets and the electrode plates are arranged such that there are separate sealed zones (i.e., wherein the arrangement of the at least four sealing gaskets provides separate and independent sealing zones for the fluid housing and the at least two electrode plates), while Fig. 10 shows that each layer can be removed without disturbing the layers closer to the intermediate chamber (i.e., enabling modular assembly and in configuration replaceability of the electrode plate without disturbing the fluid housing seals; Paragraphs 0140-0169 referenced for the entire claim).
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Regarding Claim 29, Nakano anticipates the working electrode compartment of claim 1. Nakano further discloses in Fig. 10 that each layer can be removed without disturbing the layers closer to the intermediate chamber (i.e., wherein one or more of the first, second, third, or fourth sealing gaskets are configured to be replaceable in the installed configuration without requiring modification to the fluid housing or cell divider; Fig. 10) with cation (Fig. 10, #211) and anion membranes (Fig. 10, #46) being located between the electrodes (i.e., cell divider) and that the gasket material should be one that withstands alkaline water (Paragraph 0092) or one that withstands acid water (i.e., wherein each of the first, second, third, or fourth sealing gaskets is interchangeable with a replacement gasket of varying thickness, material composition, or durometer to modify sealing characteristics, fluid compatibility, or accommodate different electrode configurations; Paragraph 0098).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Nakano et al (US Patent Application No. 20220289600 A1) hereinafter Nakano as applied to claim 1 above, and further in view of Das Gupta et al (US Patent No. 4308122 A) hereinafter Das Gupta.
Regarding Claim 2, Nakano anticipates the working electrode compartment of claim 1. Nakano does not teach additionally comprising at least two non-conductive inserts comprising first non-conductive insert and a second non-conductive insert, wherein the first non-conductive insert positioned in a same vertical plane as the first electrode plate and wherein the second non-conductive insert positioned in a same vertical plane as the second electrode plate.
However, Das Gupta teaches the use of a pair of small neoprene gaskets (i.e., additionally comprising at least two non-conductive inserts comprising first non-conductive insert and a second non-conductive insert; Fig. 2, #88, 86, 88’, & 86’) positioned adjacent to the counter electrodes (Fig. 2, #46 & 46’) with electrode 46 in alignment with gaskets 88 and 86 (i.e., wherein the first non-conductive insert positioned in a same vertical plane as the first electrode plate and) and electrode 46’ in alignment with 88’ and 86’ (i.e., wherein the second non-conductive insert positioned in a same vertical plane as the second electrode plate) for the purpose of compensating for the thickness of the counter electrodes in the assembly and to allow the flow of water and electrolyte therethrough (Col. 9, Lines 27-44).
Das Gupta is analogous to the claimed invention because it pertains to the electrolytic treatment of solutions (Col. 1, Lines 6-11). It would have been obvious to one of ordinary skill in the art at the time of filing the instant claimed invention to modify the electrode plates as taught by Nakano to have aligned gaskets as taught by Das Gupta because the aligned gaskets would compensate for the thickness of the electrode plate.
Regarding Claim 3, Nakano anticipates the working electrode compartment of claim 1. Nakano does not teach additionally comprising at least four non-conductive inserts comprising first non- conductive insert, a second non-conductive insert, a third non-conductive insert, and a fourth non-conductive insert, wherein the first non-conductive insert and the third non-conductive insert are positioned in a same vertical plane as the first electrode plate and on opposite sides of the first electrode plate from each other in the vertical plane, and wherein the second non-conductive insert and the fourth non-conductive insert are positioned in a same vertical plane as the second electrode plate and on opposite sides of the second electrode plate from each other in the vertical plane.
However, Das Gupta teaches the use of a pair of small neoprene gaskets (i.e., additionally comprising at least four non-conductive inserts comprising first non- conductive insert, a second non-conductive insert, a third non-conductive insert, and a fourth non-conductive insert; Fig. 2, #88, 86, 88’, & 86’) positioned adjacent to the counter electrodes (Fig. 2, #46 & 46’) with electrode 46 in alignment with gaskets 88 and 86 (i.e., wherein the first non-conductive insert and the third non-conductive insert are positioned in a same vertical plane as the first electrode plate and on opposite sides of the first electrode plate from each other in the vertical plane) and electrode 46’ in alignment with 88’ and 86’ (i.e., and wherein the second non-conductive insert and the fourth non-conductive insert are positioned in a same vertical plane as the second electrode plate and on opposite sides of the second electrode plate from each other in the vertical plane) for the purpose of compensating for the thickness of the counter electrodes in the assembly and to allow the flow of water and electrolyte therethrough (Col. 9, Lines 27-44).
It would have been obvious to one of ordinary skill in the art at the time of filing the instant claimed invention to modify the electrode plates as taught by Nakano to have aligned gaskets as taught by Das Gupta because the aligned gaskets would compensate for the thickness of the electrode plate.
Regarding Claim 4, Nakano in view of Das Gupta makes obvious the working electrode compartment of claim 2. Nakano further teaches where the electrolytic cell has a cathode electrode (Fig. 10, #22A; Paragraph 0147) and an anode electrode (Fig. 10, #42A; Paragraph 0151) with cathode electrode adjacent to gasket 256 and the anode electrode adjacent to gasket 456 where gasket 254 is located on the opposite side of the cathode electrode as gasket 256 (i.e., wherein said first non-conductive insert is positioned directly between said first sealing gasket and said second sealing gasket in a widthwise direction; Fig. 10) and gasket 454 is located on the opposite side of the anode electrode as gasket 456 (i.e., and wherein said second non-conductive insert is positioned directly between said second sealing gasket and said fourth sealing gasket in a widthwise direction; Fig. 10).
Das Gupta further teaches the use of a pair of small neoprene gaskets (Fig. 2, #88, 86, 88’, & 86’) positioned adjacent to the counter electrodes (Fig. 2, #46 & 46’) with electrode 46 in alignment with gaskets 88 and 86 and electrode 46’ in alignment with 88’ and 86’. The addition of the gaskets taught by Das Gupta to the electrode plates taught by Nakano would make the gaskets be located in the same position (between the respective sealing gaskets) as described in instant claim 4 because the electrodes are already located in the correct position.
Regarding Claim 5, Nakano in view of Das Gupta makes obvious the working electrode compartment of claim 3. Nakano further teaches where the electrolytic cell has a cathode electrode (Fig. 10, #22A; Paragraph 0147) and an anode electrode (Fig. 10, #42A; Paragraph 0151) with cathode electrode adjacent to gasket 256 and the anode electrode adjacent to gasket 456 where gasket 254 is located on the opposite side of the cathode electrode as gasket 256 (i.e., wherein said first non-conductive insert and said third non-conductive insert are positioned directly between said first sealing gasket and said second sealing gasket in a widthwise direction; Fig. 10) and gasket 454 is located on the opposite side of the anode electrode as gasket 456 (i.e., and wherein said second non-conductive insert and said further non-conductive insert are positioned directly between said second sealing gasket and said fourth sealing gasket in a widthwise direction; Fig. 10).
Das Gupta further teaches the use of a pair of small neoprene gaskets (Fig. 2, #88, 86, 88’, & 86’) positioned adjacent to the counter electrodes (Fig. 2, #46 & 46’) with electrode 46 in alignment with gaskets 88 and 86 and electrode 46’ in alignment with 88’ and 86’. The addition of the gaskets taught by Das Gupta to the electrode plates taught by Nakano would make the gaskets be located in the same position (between the respective sealing gaskets) as described in instant claim 5 because the electrodes are already located in the correct position.
Claims 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Nakano as applied to claim 1 above, and further in view of Ricci et al (US Patent Application No. 20200002195 A1) hereinafter Ricci.
Regarding Claim 26, Nakano anticipates the working electrode compartment of claim 1. Nakano further teaches an electrolytic cell (i.e., an electrolytic cell comprising a modular frame comprising the working electrode compartment of claim 1; Fig. 10, #10A; Paragraph 0141) with a cathode electrode (i.e., the working electrode; Fig. 10, #22A; Paragraph 0147) and an anode electrode (i.e., a counter electrode; Fig. 10, #42A; Paragraph 0151), cation (Fig. 10, #211; Paragraph 0149) and anion membranes (Fig. 10, #46) being located between the electrodes (i.e., and a cell divider positioned between the working electrode and the counter electrode)
wherein the cation exchange membrane selectively transmits cations (i.e., wherein the cell divider comprises an ion conducting membrane; and a barrier to liquid, contaminants, and gas exchange; Paragraph 0075).
Nakano does not teach wherein said ion conducting membrane selectively conducts protons or hydroxyl anions but is an electric insulator.
However, Ricci teaches a divided membrane electrochemical cell including an anode (i.e., a working electrode) and cathode (i.e., a counter electrode) separated by a proton selective membrane (i.e., and a cell divider positioned between the working electrode and counter electrode; wherein said cell divider comprises an ion conducting membrane; Paragraph 0009) which conducts protons while acting as an electronic insulator and a reactant and gas barrier (i.e., wherein said ion conducting membrane selectively conducts protons or hydroxyl anions but is an electronic insulator and a barrier to liquid, contaminant, and gas exchange; Paragraph 0089) for the purpose of reducing the gap between the electrode and the water which will minimize voltage losses, since the proton conductive membranes are around 100 microns in thickness (Paragraph 0055).
Ricci is analogous to the claimed invention because it pertains to a divided membrane electrochemical cell (Abstract). It would have been obvious to one of ordinary skill in the art at the time of filing the instant claimed invention to modify the electrolytic cell as taught by Nakano with the proton conductive membrane as taught by Ricci because the proton conductive membrane would minimize voltage losses of the electrolytic cell.
Regarding Claim 27, Nakano anticipates the working electrode compartment of claim 1. Nakano further teaches an electrolytic cell (i.e., an electrode assembly comprising at least one of the working electrode compartment of claim 1; Fig. 10, #10A; Paragraph 0141)
which includes an anode compartment frame (Fig. 10, #44A) and intermediate chamber frame (Fig. 10, #33A) that has an anode electrode disposed between them (i.e., one or more single half counter-electrodes, wherein each of said one or more single half counter-electrodes comprises; Fig. 10, #42A; Paragraphs 0142-0151) and
the intermediate chamber frame (i.e., a fluid housing comprising; Fig. 10, #33A; Paragraph 0142) that has a supply groove (i.e., an inlet; Fig. 11, #336; Paragraph 0160) to supply passages (Fig. 11, P) with salt water that is discharged from a salt water discharge groove (i.e., and an outlet suitable for transfer of liquid and/or gases, and; Fig. 11, #338; Paragraph 0163) where the water enters and exits each passage in grids (i.e., a fluid distributor positioned at both the inlet and the outlet; Figs. 10 & 11, #51A & 52A; Paragraphs 0155-0157) so that the ion supply capability provided by the intermediate chamber (Fig. 10, #3) can be improved (Paragraph 0168),
where the anode compartment frame and the intermediate chamber frame have three gaskets (i.e., at least three sealing gaskets comprising at least a first sealing gasket, a second sealing gasket, and a third sealing gasket; Fig. 10, #256, 456, & 454) that match the planar shape of the intermediate chamber frame (Paragraph 0147) where the gaskets 256 and 456 are disposed directly on either side of the intermediate chamber (i.e., wherein at least one sealing gasket is positioned directly on either side of the fluid housing and wherein two of the at least three sealing gaskets surround the fluid housing in a widthwise direction and; Fig. 10),
where the anode compartment frame and the intermediate chamber frame have an anode electrode (i.e., at least one electrode plate; Fig. 10, #42A; Paragraph 0151) with the anode electrode adjacent to gasket 456 and gasket 454 is located on the opposite side of the anode electrode as gasket 456 (i.e., wherein the at least one electrode plate is positioned between the third sealing gasket and one of the first or second sealing gaskets) with no electrodes between gaskets 256 and 456 (i.e., and is not positioned between the first and the second sealing gaskets; Fig. 10),
cation (Fig. 10, #211; Paragraph 0149) and anion membranes (Fig. 10, #46) being located between the electrodes (i.e., a cell divider positioned between each of the one or more working electrodes and the one or more single half counter-electrodes) wherein the cation exchange membrane selectively transmits cations (i.e., wherein the cell divider comprises an ion conducting membrane; and a barrier to liquid, contaminants, and gas exchange; Paragraph 0075)
and where Fig. 12 below shows the sealing gaskets and the electrode plates are arranged such that there are separate sealed zones, while Fig. 10 shows that each layer can be removed without disturbing the layers closer to the intermediate chamber (i.e., wherein the one or more working electrodes, the one or more single half counter-electrodes, and the cell divider are modular components configured to be reversibly assembled and disassembled without altering the structure of the fluid housing or the cell divider; Paragraphs 0140-0169 referenced for the entire claim).
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Nakano does not teach (1) wherein said ion conducting membrane selectively conducts protons or hydroxyl anions but is an electric insulator, (2) wherein each of said one or more working electrodes is interchangeable with a second working electrode having the same form factor but different electrode plate materials or configurations; wherein each of said one or more single half counter-electrodes is interchangeable with a second single half counter-electrode having the same form factor but different electrode plate materials or configurations, and (3) wherein an increase or decrease in the number of the one or more working electrodes and the one or more single half counter-electrodes does not alter the structure of the fluid housing or the cell divider.
However, Ricci teaches (1) a divided membrane electrochemical cell including an anode (i.e., a working electrode) and cathode (i.e., a counter electrode) separated by a proton selective membrane (i.e., and a cell divider positioned between the working electrode and counter electrode; wherein said cell divider comprises an ion conducting membrane; Paragraph 0009) which conducts protons while acting as an electronic insulator and a reactant and gas barrier (i.e., wherein said ion conducting membrane selectively conducts protons or hydroxyl anions but is an electronic insulator and a barrier to liquid, contaminant, and gas exchange; Paragraph 0089) for the purpose of reducing the gap between the electrode and the water which will minimize voltage losses, since the proton conductive membranes are around 100 microns in thickness (Paragraph 0055) and
(2) that it is known to repair or replace electrodes (i.e., wherein each of said one or more working electrodes is interchangeable with a second working electrode having the same form factor but different electrode plate materials or configurations; wherein each of said one or more single half counter-electrodes is interchangeable with a second single half counter-electrode having the same form factor but different electrode plate materials or configurations; Paragraph 0019) and
(3) that it is known to scale electrodes and unit cells by stacking multiple units together and distributing power through buss bars designed to short circuit adjacent cells to repair or replace cells without shutting down an entire process (i.e., wherein an increase or decrease in the number of the one or more working electrodes and the one or more single half counter-electrodes does not alter the structure of the fluid housing or the cell divider; Paragraph 0095).
It would have been obvious to one of ordinary skill in the art at the time of filing the instant claimed invention to modify the electrolytic cell as taught by Nakano with the proton conductive membrane and stacked, replaceable electrodes as taught by Ricci because the proton conductive membrane would minimize voltage losses of the electrolytic cell and the stacked replaceable electrodes would provide scaling to process higher flow rates of liquid while allowing individual cells to be repaired without shutting down the entire process.
Regarding Claim 28, Nakano anticipates the working electrode compartment of claim 1. Nakano further teaches where Fig. 12 below shows the sealing gaskets and the electrode plates are arranged such that there are separate sealed zones, while Fig. 10 shows that each layer can be removed without disturbing the layers closer to the intermediate chamber (i.e., while the electrode assembly is in an installed configuration without altering the structure of the fluid housing or the sealing gasket configuration; Paragraphs 0140-0169).
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Nakano does not explicitly teach wherein the at least two electrode plates are removable and replaceable with another electrode plate having the same form factor.
However, Ricci further teaches that the 3D electrode substrates include one or more or combinations of expanded metal, mesh screen, sintered mesh, sintered random fiber mat, plate, particles, nonwovens and wovens and that the 3D electrode substrates include one or more or combinations of materials including metals, metal oxides, alloys, metal matrix composites, carbon, and graphite for the purpose of minimizing current loss (Paragraph 0060) and that it is known to repair or replace electrodes (i.e., wherein the at least two electrode plates are removable and replaceable with another electrode plate having the same form factor; Paragraph 0019).
It would have been obvious to one of ordinary skill in the art at the time of filing the instant claimed invention to modify the electrolytic cell as taught by Nakano with the replaceable electrodes as taught by Ricci because replaceable electrodes would allow for the optimization of current loss.
Claim 1/33 is rejected under 35 U.S.C. 103 as being unpatentable over McCormick et al (US Patent Application No. 20130341200 A1) hereinafter McCormick in view of Ricci.
Regarding Claim 1, McCormick teaches a non-membrane-based electrochemical cell (i.e., a working electrode compartment comprising; Fig. 4, #16’) including
a spacer (Fig. 4, #134) with a fluid space defined within the spacer (i.e., a fluid housing, wherein the fluid housing comprises; Fig. 1, #54) with an inlet (i.e., an inlet; Fig. 1, #61) and output (i.e., and outlet suitable for the transfer of liquid and/or gases; Fig. 1, #63; Paragraph 0041),
gaskets, four depicted in Fig. 4 (i.e., at least four sealing gaskets comprising at least a first sealing gasket, a second sealing gasket, a third sealing gasket, and a fourth sealing gasket; Fig. 4, #136), positioned between the anode (Fig. 4, #50) and the spacer and the cathode (Fig. 4, #52) and the spacer (i.e., wherein the first and second sealing gaskets are positioned directly on both sides of the fluid housing in a widthwise direction; Paragraph 0041),
the anode and cathode (i.e., at least two electrode plates, wherein the at least two electrode plates comprise a first electrode plate and a second electrode plate) are adjacent to the gaskets that are adjacent to the spacer (i.e., where the first electrode plate is positioned directly adjacent to the first sealing gasket in a widthwise direction and the second electrode plate is positioned directly adjacent to the second sealing gasket in a widthwise direction;) with no electrodes positioned between the gaskets located directly adjacent to the spacer (i.e., and wherein no electrode plate is positioned between the first sealing gasket and the second sealing gasket; Fig. 4; Paragraph 0041),
the anode and cathode also having gaskets located between each electrode and their respective end plates (i.e., wherein the third sealing gasket is positioned directly adjacent to the first electrode plate in a widthwise direction and on the opposite side of the first electrode plate as the first sealing gasket; wherein the fourth sealing gasket is positioned directly adjacent to the second electrode plate in a widthwise direction and on the opposite side of the second electrode plate as the second sealing gasket; Fig. 4, #137; Paragraph 0041),
and Fig. 4 below shows the separate sealing zones formed by the gaskets between the spacer where fluid flows and each of the electrode plates (i.e., wherein the arrangement of the at least four sealing gaskets provides separate and independent sealing zones for the fluid housing and the at least two electrode plates enabling modular assembly and in configuration replaceability of the electrode plate without disturbing the fluid housing seals; Paragraph 0041).
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McCormick does not teach a fluid distributor positioned at both the inlet and the outlet.
However, Ricci teaches a divided membrane electrochemical cell with a cell housing with an anode inlet (Fig. 3, #6) and anode outlet (Fig. 3, #8; Paragraph 0108) with a fluid flow distributor (Fig. 3, #20) located at the anode inlet and at the anode outlet (i.e., a fluid distributor positioned at both the inlet and the outlet) and the use of multiple flow distributors to increase surface area and mass transfer coefficient of the electrodes (Paragraph 0049).
It would have been obvious to one of ordinary skill in the art at the time of filing the instant claimed invention to modify the inlet and output as taught by McCormick to have the fluid flow distributors as taught by Ricci because the fluid flow distributors would increase the surface area and mass transfer coefficient of the electrodes.
Regarding Claim 33, McCormick in view of Ricci makes obvious the working electrode compartment of claim 1. McCormick further teaches a non-membrane-based electrochemical cell (i.e., wherein the working electrode consists of; Fig. 4, #16’) including
a spacer (Fig. 4, #134) with a fluid space defined within the spacer (i.e., the fluid housing, wherein the fluid housing comprises; Fig. 1, #54) with an inlet (i.e., an inlet; Fig. 1, #61) and output (i.e., and outlet suitable for the transfer of liquid and/or gases; Fig. 1, #63; Paragraph 0041),
gaskets, four depicted in Fig. 4 (i.e., the four sealing gaskets; Fig. 4, #136), positioned between the anode (Fig. 4, #50) and the spacer and the cathode (Fig. 4, #52) and the spacer (i.e., wherein the first and second sealing gaskets are positioned directly on both sides of the fluid housing in a widthwise direction; Paragraph 0041),
the anode and cathode (i.e., the two electrode plates) are adjacent to the gaskets that are adjacent to the spacer (i.e., where the first electrode plate is positioned directly adjacent to the first sealing gasket in a widthwise direction and the second electrode plate is positioned directly adjacent to the second sealing gasket in a widthwise direction;) with no electrodes positioned between the gaskets located directly adjacent to the spacer (i.e., and wherein no electrode plate is positioned between the first sealing gasket and the second sealing gasket; Fig. 4; Paragraph 0041),
the anode and cathode also having gaskets located between each electrode and their respective end plates (i.e., wherein the third sealing gasket is positioned directly adjacent to the first electrode plate in a widthwise direction and on the opposite side of the first electrode plate as the first sealing gasket; wherein the fourth sealing gasket is positioned directly adjacent to the second electrode plate in a widthwise direction and on the opposite side of the second electrode plate as the second sealing gasket; Fig. 4, #137; Paragraph 0041),
and Fig. 4 below shows that the end plates are the only addition to listed elements of instant claim 33 (Paragraph 0041)
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and Fig. 1 of the instant specification, included below, clearly shows that end plates are a normal part of the construction of the electrolytic cell.
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Ricci further teaches a divided membrane electrochemical cell with a cell housing with an anode inlet (Fig. 3, #6) and anode outlet (Fig. 3, #8; Paragraph 0108) with a fluid flow distributor (Fig. 3, #20) located at the anode inlet and at the anode outlet (i.e., a fluid distributor positioned at both the inlet and the outlet) and the use of multiple flow distributors to increase surface area and mass transfer coefficient of the electrodes (Paragraph 0049).
Conclusion
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/A.A.G./ Examiner, Art Unit 1777
/IN SUK C BULLOCK/ Supervisory Patent Examiner, Art Unit 1772