DETAILED ACTION
Claims 23 and 35-37 are pending as amended on 4 May 2026, claims 24-34 and 42-46 are withdrawn from consideration.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Applicant’s amendments to the claims and the remarks/arguments have been entered and fully considered.
Claim Objections
Claim 36 is objected to because of the following informalities: claim 36 recites “ The anolyte solution’’, which appears to be “The anolyte solution of claim 35”. Appropriate correction is required.
Response to Amendment and Arguments
Applicant’s amendment overcomes the objection to claims 23, 35 and 37. The objection has been withdrawn.
Applicant’s amendment overcomes the rejection 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph of claims 23 and 35-37. The rejection has been withdrawn.
Applicant’s amendment does not overcome the rejection of claims 23 and 35-37 under 35 U.S.C. 102 (a)(1) over CN105153148A (Gu).
Applicant’s arguments have been fully considered but are not persuasive.
Applicant argues that Gu teaches a solution for medical application not a part of an electrochemical system requiring a positive electrolyte. However, the feature of the presence of a positive electrolyte is not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The recitation “wherein the anolyte solution is the negative electrolyte of an electrochemical system” is interpreted as an intended use since there is no apparent structural difference required by the composition other than that recited in the body of the claim (see MPEP2111.02, II). A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Claim Rejections - 35 USC § 102
Claims 23 and 35-37 stand rejected under 35 U.S.C. 102 (a)(1)as being anticipated by Gu.
Gu teaches a solution comprises sulfonated tryptanthrin in saturated sodium chloride ([0009]), thus the presence of water and sodium chloride, which meets the claimed polar solvent and supporting electrolyte, respectively, wherein the sulfonated tryptanthrin has the structure of ([0007]-[0009]) :
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and the sulfonation is carried in fuming sulfuric acid ([0009]) thus the presence of H+, which anticipates the instantly claimed formula (I) wherein R is SO3H, R’ and R’’ both are H, thus the claimed anolyte solution.
The recitation “for an anolyte solution “ of claim 23, “the negative electrolyte of an electrochemical system’ of claim 35, and “used for a redox flow battery ” of claim 36 are interpreted as an intended use since there is no apparent structural difference required by the composition other than that recited in the body of the claim (see MPEP2111.02, II). A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
The recitation “anolyte” in the preamble of claim 35 is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIQUN LI whose telephone number is (571)270-7736. The examiner can normally be reached Monday-Friday 9:00 am -4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at 571-2721302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AIQUN LI/Ph.D., Primary Examiner, Art Unit 1766
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