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 .
Specification
The disclosure is objected to because of the following informalities: The paragraph going from pages 4-5 states: “… a convex positive inlet channel which protrudes from the front-side positive electrolyte inlet hole of the plate to the opening portion; a convex positive inlet channel which protrudes from the front-side positive electrolyte inlet hole of the plate to the opening portion; a convex positive inlet channel which protrudes from the front-side positive electrolyte inlet hole of the plate to the opening portion; a convex positive inlet channel which protrudes from the front-side positive electrolyte inlet hole of the plate to the opening portion…” The examiner thinks that it should be a positive inlet, a positive outlet, a negative inlet and a negative outlet and not repeating the same lines.
The paraph from page 9-10 states: “…a convex positive inlet channel 109 which protrudes from the front-side positive electrolyte inlet hole 105 of the plate 102 to the opening portion 101, a convex positive inlet channel 110 which protrudes from the front-side positive electrolyte inlet hole 105 of the plate 102 to the opening portion 101, a convex positive inlet channel 111 which protrudes from the front-side positive electrolyte inlet hole 107 of the plate 102 to the opening portion 102, a convex positive inlet channel 112 which protrudes from the front-side positive electrolyte inlet hole 108 of the plate 102 to the opening portion 101…” This is the same issue as above, the that it should be a positive inlet, a positive outlet, a negative inlet and a negative outlet and not repeating the same lines with different numbers.
Appropriate correction is required.
Claim Objections
Claims objected to because of the following informalities:
Claim 1 lines 5-6 states: “…outer frame (200)…” the outer frame should be (100).
Claims 3 and 9 states: “… a convex positive inlet channel (109) which protrudes from the front-side positive electrolyte inlet hole (105) of the plate (102) to the opening portion (101); a convex positive inlet channel (110) which protrudes from the front-side positive electrolyte inlet hole (105) of the plate (102) to the opening portion (101); a convex positive inlet channel (111) which protrudes from the front-side positive electrolyte inlet hole (107) of the plate (102) to the opening portion (102); a convex positive inlet channel (112) which protrudes from the front-side positive electrolyte inlet hole (108) of the plate (102) to the opening portion (101)...” The examiner thinks that it should be a positive inlet, a positive outlet, a negative inlet and a negative outlet and not repeating the same lines with different numbers.
Appropriate correction is required.
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 1-3 are rejected under 35 U.S.C. 102 (a)(1) and/or (a)(2)as being anticipated by Blacker (US 20130089767).
As to claim 1, Blacker discloses a cell frame structure (figures 2 and 3 #200, [0034], discussed throughout) comprising: a rectangular panel-shaped outer frame (100) (figure 2-3 #202, [0035], discussed throughout) having a rectangular opening in the center (figure 2-3 #202, [0035], discussed throughout); and a rectangular inner frame (200) (figures 2-3 #208, [0034], discussed throughout), wherein the inner frame (200) interlocks onto a rear-side opening portion of the outer frame (100) (figures 2-3, discussed throughout) to configure a flow cell (300) (figure 1, 100, [0027], redox flow battery, discussed throughout).
As to claim 2, Blacker discloses wherein, the flow cell (300) (figure 1 #100, [0024], redox flow battery, discussed throughout) is assembled into a cell frame (400) (figures 3, 6, 11 and 12, the location of the stack of cells, discussed throughout) by the inner frame (200) interlocking onto the rear surface of the outer frame (100) (figures 2-3 and 6 #202 and 208, [0034], discussed throughout) while covering the rear-side rim of a bipolar plate (BP) while the front-side rim of the bipolar plate (BP) is seated around the rear-side opening of the outer frame (100) (figures 2-3, 6, the bipolar plate can be the metal portion within the electrode or the felt, discussed throughout).
As to claim 3, Blacker discloses wherein, wherein the outer frame (100) (figures 13-14 #202, seen throughout) comprises: a rectangular panel-shaped plate (102) having an opening portion (101) formed in the center (figures 13-14 #202, seen throughout, the location of the electrode, separator and other components); a convex sealing line (103) protruding from the front-side rim of the plate (102) (figures 13-14 #202, seen throughout, the outside rim); an inner frame seating surface (104) formed around the front-side opening portion (101) of the plate (102) to seat a rear surface of the inner frame (200) (figures 13-14 #202, seen throughout, the location where the inner frame resides); a positive electrolyte inlet hole (105) formed to penetrate below the front right- side rim of the plate (102); a positive electrolyte outlet hole (106) formed to penetrate above the front right- side rim of the plate (102); a negative electrolyte inlet hole (107) formed to penetrate below the front left- side rim of the plate (102); a negative electrolyte outlet hole (108) formed to penetrate above the front left- side rim of the plate (102) (figures 13-14 #202, seen throughout, the holes are #1304, 504); a convex positive inlet channel (109) which protrudes from the front-side positive electrolyte inlet hole (105) of the plate (102) to the opening portion (101); a convex positive inlet channel (110) which protrudes from the front-side positive electrolyte inlet hole (105) of the plate (102) to the opening portion (101); a convex positive inlet channel (111) which protrudes from the front-side positive electrolyte inlet hole (107) of the plate (102) to the opening portion (102); a convex positive inlet channel (112) which protrudes from the front-side positive electrolyte inlet hole (108) of the plate (102) to the opening portion (101) (figures 13-14, the flow of the positive electrolyte and the negative electrolyte within the frames are in the channels); a convex flow channel chamber (113) which protrudes around the opening portion (101) along the inner frame seating surface (104) of the plate (102); a front-side positive inlet gate (114) which is formed in the convex flow channel chamber (113) so that the convex positive inlet channel (111) communicates with the convex flow channel chamber (113) of the plate (102); a front-side positive outlet gate (115) which is formed in the convex flow channel chamber (113) so that the convex positive outlet channel (112) communicates with the convex flow channel chamber (113) of the plate (102); a front-side negative inlet gate (116) which is formed in the convex flow channel chamber (113) so that convex negative inlet channel (111) communicates with the convex flow channel chamber (113) of the plate (102); and a front-side negative outlet gate (117) which is formed in the convex flow channel chamber (113) so that the convex negative outlet channel (112) communicates with the convex flow channel chamber (113) of the plate (102) (figures 13-14 and throughout the gates are the location at with outer frame is giving way to the inner frame, this is seen throughout the figures).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Blacker (US 20130089767) as applied to claims 2 and 3 above, and further in view of Nakaishi (US 2016/0254551).
As to claims 8 and 10, Blacker discloses a redox flow battery (figure 12 #1200, discussed throughout) comprising: a cell frame (400) (figure 12, the portions holding the cells together example #1202); a stack (S) in which a plurality of cell frames (400) is continuously arranged to be dischargeable according to a flow of the electrolyte (figure 12 #1102); a pair of end plates (P) which is configured at both ends of the stack (S) to protect the stack (S) from the outside (figure 12 #1104, discussed throughout). Blacker is silent to an electrode plate (E) which is electrically connected to positive terminals and negative terminals of the plurality of cell frames (400) of the stack (S), respectively, while being disposed at the end plate (P) to collect charges of the entire cell frames (400) to be discharged according to a flow of the electrolyte. Nakaishi discloses a flow battery (abstract, [0002], discussed throughout) wherein an electrode plates an electrode plate (E) (figures 1 and 2 #20, [0048], discussed throughout) which is electrically connected to positive terminals and negative terminals of the plurality of cell frames (400) of the stack (S) (figures 1 and 2 #12 and 10, [0048], discussed throughout), respectively, while being disposed at the end plate (P) (figure 1 #220, discussed throughout) to collect charges of the entire cell frames (400) to be discharged according to a flow of the electrolyte ([0049] and discussed throughout). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the current collectors from Nakaishi within Blacker as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143 I).
As to claim 9, Blacker discloses wherein, wherein the outer frame (100) (figures 13-14 #202, seen throughout) comprises: a rectangular panel-shaped plate (102) having an opening portion (101) formed in the center (figures 13-14 #202, seen throughout, the location of the electrode, separator and other components); a convex sealing line (103) protruding from the front-side rim of the plate (102) (figures 13-14 #202, seen throughout, the outside rim); an inner frame seating surface (104) formed around the front-side opening portion (101) of the plate (102) to seat a rear surface of the inner frame (200) (figures 13-14 #202, seen throughout, the location where the inner frame resides); a positive electrolyte inlet hole (105) formed to penetrate below the front right- side rim of the plate (102); a positive electrolyte outlet hole (106) formed to penetrate above the front right- side rim of the plate (102); a negative electrolyte inlet hole (107) formed to penetrate below the front left- side rim of the plate (102); a negative electrolyte outlet hole (108) formed to penetrate above the front left- side rim of the plate (102) (figures 13-14 #202, seen throughout, the holes are #1304, 504); a convex positive inlet channel (109) which protrudes from the front-side positive electrolyte inlet hole (105) of the plate (102) to the opening portion (101); a convex positive inlet channel (110) which protrudes from the front-side positive electrolyte inlet hole (105) of the plate (102) to the opening portion (101); a convex positive inlet channel (111) which protrudes from the front-side positive electrolyte inlet hole (107) of the plate (102) to the opening portion (102); a convex positive inlet channel (112) which protrudes from the front-side positive electrolyte inlet hole (108) of the plate (102) to the opening portion (101) (figures 13-14, the flow of the positive electrolyte and the negative electrolyte within the frames are in the channels); a convex flow channel chamber (113) which protrudes around the opening portion (101) along the inner frame seating surface (104) of the plate (102); a front-side positive inlet gate (114) which is formed in the convex flow channel chamber (113) so that the convex positive inlet channel (111) communicates with the convex flow channel chamber (113) of the plate (102); a front-side positive outlet gate (115) which is formed in the convex flow channel chamber (113) so that the convex positive outlet channel (112) communicates with the convex flow channel chamber (113) of the plate (102); a front-side negative inlet gate (116) which is formed in the convex flow channel chamber (113) so that convex negative inlet channel (111) communicates with the convex flow channel chamber (113) of the plate (102); and a front-side negative outlet gate (117) which is formed in the convex flow channel chamber (113) so that the convex negative outlet channel (112) communicates with the convex flow channel chamber (113) of the plate (102) (figures 13-14 and throughout the gates are the location at with outer frame is giving way to the inner frame, this is seen throughout the figures).
Allowable Subject Matter
Claims 4-7 and 11-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN R OHARA/Examiner, Art Unit 1724