CTNF 18/041,846 CTNF 95667 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Response to Amendments This is a non-final office action in response to applicant's arguments and remarks filed on 05/18/2026. Status of Rejections The rejection(s) of claim(s) 22 is/are obviated by applicant’s cancellation. All previous rejections are withdrawn in view of applicant’s arguments. 12-256 AIA New grounds of rejection are presented herein . Claims 1-3, 5-6, 8-9, 17-18, 20-21 and 23-26 are pending and under consideration for this Office Action . Claim Rejections - 35 USC § 103 07-103 AIA The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 07-21-aia AIA Claim s 1-3, 5-6, 8-9, 17-18, 20-21 and 23-26 are rejected under 35 U.S.C. 103 as being unpatentable over Huo et al. (U.S. 2021/0207275) in view of Kawatoh et al. (“Charge-mosaic membrane from a polymer blend with a modulated structure”, Macromolecules , 1988); claim 1 evidenced by Miles et al. (“Preparation, structure, and properties of two-phase co-continuous polymer blends”, Polym Eng Sci , 1988) . Regarding claim 1 , Huo teaches a membrane (see e.g. Paragraph 0005, line 3, bipolar membrane) comprising: a) a first layer comprising a first polymer or a fourth polymer (see e.g. Fig. 10A, cation-conducting polymer layer 1011 of bipolar membrane; Paragraph 0005, lines 5-7, and Paragraph 0301, lines 6-7); b) a second layer comprising a second polymer (see e.g. Fig. 10A, anion-conducting polymer layer 1009 of bipolar membrane; Paragraph 0005, lines 5-7, and Paragraph 0301, lines 5-6); and c) a third layer comprising a polymeric network of (i) a third polymer having ionic groups; and (ii) a fourth polymer having ionic groups of polarity opposite to the polarity of the ionic groups of the third polymer (see e.g. Fig. 10A, bipolar interface 1013 in which anion-conducting polymer 1019 is mixed with interpenetrating cation-conducting polymer 1021; Paragraph 0301, lines 1-4, and Paragraph 0009, lines 20-25); wherein the first polymer and the fourth polymer have ionic groups opposite to the polarity of the ionic groups of the third polymer (see e.g. Fig. 10A, cation-conducting polymer layer 1011 and cation-conducting polymer 1021; Paragraph 0301, lines 3 and 6-7); wherein the second polymer has ionic groups of polarity the same as the polarity of the ionic groups of the third polymer (see e.g. Fig. 10A, anion-conducting polymer layer 1009; Paragraph 0301, lines 5-6); wherein third layer c) is interposed between first layer a) and second layer b) (see e.g. Fig. 10A, bipolar interface 1012 between cation-conducting polymer layer 1011 and anion-conducting polymer layer 1009; Paragraph 0005, lines 7-8, and Paragraph 0301, lines 1-7). Huo does not explicitly teach the third layer being a co-continuous polymeric network, the third polymer being phase-separated and having a network of pores and the fourth polymer being present within the network of pores of the third polymer, but does teach the third and fourth polymers being interpenetrated with each other (see e.g. Paragraph 0007). Kawatoh teaches a charge mosaic membrane (see e.g. Abstract) comprising a co-continuous phase separated polymer system formed by a blend of a first polymer provided with cationic groups and a second polymer provided with anionic groups (see e.g. connecting paragraph of Pages 625-626, and Page 628, under “Concluding Remarks”, co-continuous two-phase blend of cationic and anionic polymers), with one polymer filling the continuous matrix, i.e. network of pores, of the other (see e.g. Figs. 1 and 3, periodic interconnected modulated structure in which each polymer is continuous with one filling the gaps in the structure of the other; connecting paragraph of Pages 625-626, and Page 627, Col. 1, 2 nd full paragraph, lines 1-5), the two polymers continuously penetrating each other from one surface to the other (see e.g. Page 628, under “Concluding Remarks”, lines 14-17), such a co-continuous two-phase polymer blend being analogous to the morphology of a sponge soaked in water, i.e. the water filling the pores of the sponge, where both the sponge and the water form continuous systems, as evidenced by Miles (see e.g. Miles Abstract and Page 796, Col. 2, lines 14-18). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the third layer of Huo to comprise a co-continuous network with the third polymer phase separated and forming a network of pores that the fourth polymer is present in as taught by Kawatoh as a suitable means of providing an interpenetrating mixture of oppositely charged polymers in a membrane. MPEP § 2143(I)(A) states that “combining prior art elements according to known methods to yield predictable results” may be obvious. 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 would yield nothing more than predictable results. In regards to the limitations including and following “wherein the third polymer is obtainable by a process comprising…”, these limitations are product-by-process limitations regarding how the polymers may be prepared. MPEP § 2113 states “"[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process."” There is no indication in the disclosure of a structural difference implied by these process limitations besides the polymers being chain polymers comprising ethylenically unsaturated groups and ionic groups. Modified Huo teaches all the structural limitations of the claimed membrane as stated above, and further teaches the polymers comprising chains formed of units including ethylenically unsaturated groups and ionic groups (see e.g. Huo Paragraphs 0076-0077). Furthermore, Kawatoh also teaches the polymers forming the co-continuous network being chain polymers of ethylenically unsaturated groups provided with ionic groups (see e.g. Kawatoh Page 626, Col. 1, lines 11-14, Page 627, Col. 1, 1 st full paragraph, and Page 628, under “Concluding Remarks”, lines 1-4, chain CMPS and SAN polymers respectively provided with cationic and anionic groups). Regarding claim 2 , Huo as modified by Kawatoh teaches the third layer comprising an interface at the junction of the third polymer, and wherein the fourth polymer is not an interface between a polymer and fused/compressed fibers, beads, or particles (see e.g. Huo Fig. 10A, bipolar interface 1013 in which anion-conducting polymer 1019 and cation-conducting polymer 1021 are mixed interpenetrating each other, with no fused/compressed fibers, beads, or particles; Paragraph 0301, lines 1-4, and Paragraph 0009, 20-25; see e.g. Kawatoh Figs. 1 and 3, interconnected modulated structure in which each polymer is continuous with no beads/fibers/particles; connecting paragraph of Pages 625-626, and Page 627, Col. 1, 2 nd full paragraph, lines 1-5). Regarding claim 3 , the limitation of “the phase-separated third polymer being a photopolymerization-induced phase-separated third polymer” is a product-by-process limitation. MPEP § 2113 states “"[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process."” There is no indication in the disclosure of a further specific structural difference implied by the phase separation of the third polymer being photopolymerization-induced as described in Page 5, lines 15-22. Modified Huo teaches all the structural limitations of the claimed membrane as stated above. Regarding claim 5 , modified Huo teaches the third layer c) comprising a porous support (see e.g. Huo Paragraph 0302, material in the form of a web or mesh with gaps, i.e. pores, physically reinforcing the bipolar interface). Regarding claim 6 , Huo as modified by Kawatoh teaches the third layer c) being free from ionically charged fibers and beads (see e.g. Huo Fig. 10A, bipolar interface 1013 in which anion-conducting polymer 1019 and cation-conducting polymer 1021 are mixed interpenetrating each other, with no fibers or beads; Paragraph 0301, lines 1-4, and Paragraph 0009, 20-25; see e.g. Kawatoh Figs. 1 and 3, interconnected modulated structure in which each polymer is continuous with no beads/fibers; connecting paragraph of Pages 625-626, and Page 627, Col. 1, 2 nd full paragraph, lines 1-5). Regarding claim 8 , Huo as modified by Kawatoh teaches the third polymer providing a network of pores and the fourth polymer being present within the network of pores (see e.g. Huo Fig. 10A, bipolar interface 1013 in which anion-conducting polymer 1019, shown with a network of pores, is mixed with interpenetrating cation-conducting polymer 1021, shown present within those pores; Paragraph 0301, lines 1-4, and Paragraph 0009, 20-25; see e.g. Kawatoh Figs. 1 and 3, periodic interconnected modulated structure in which each polymer is continuous with one filling the gaps in the structure of the other; connecting paragraph of Pages 625-626, and Page 627, Col. 1, 2 nd full paragraph, lines 1-5). The third layer being “obtainable by a process comprising impregnating the network of pores with a composition used to make the fourth polymer and curing composition used to make the fourth polymer within the network of pores of the third polymer” is a product-by-process limitation. MPEP § 2113 states “"[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process."” The only structure implied by this process is the fourth polymer being present within the network of pores provided by the third polymer, which is taught by modified Huo as stated above. Modified Huo therefore teaches all structural limitations of the claimed membrane. Regarding claim 9 , modified Huo teaches the chemical composition of the first polymer being substantially the same as the chemical composition of the fourth polymer (see e.g. Huo Paragraph 0301, lines 2-4 and 10-12, cation-conducting polymer of bipolar interface being the same as that of the cation-conducting polymer layer). Regarding claim 17 , modified Huo teaches a first interface at the junction of the first layer a) and the third layer c) (see e.g. Huo Fig. 10A, cation-conducting polymer layer 1011 contacting bipolar interface 1013) and a second interface at the junction of the third layer c) and the second layer b) (see e.g. Huo Fig. 10A, anion-conducting polymer layer 1009 contacting bipolar interface 1013) and both the first interface and the second interface being uninterrupted, without any gaps and/or spaces between the first layer a) and the third layer c) and without any gaps and/or spaces between the third layer c) and the second layer b) (see e.g. Huo Fig. 10A, the layers 1011, 1013 and 1009 of the bipolar membrane being melded together uninterrupted without gaps or spaces; Paragraph 0325). Regarding claim 18 , Huo as modified by Kawatoh teaches a third interface at the junction of the third polymer and the fourth polymer which is uninterrupted, without any gaps and/or spaces between the third polymer and the fourth polymer (see e.g. Huo Fig. 10A, bipolar interface 1013 in which anion-conducting polymer 1019 and cation-conducting polymer 1021 are mixed interpenetrating each other uninterrupted, without gaps or spaces; Paragraph 0301, lines 1-4, Paragraph 0009, 20-25, and Paragraph 0325; see e.g. Kawatoh Figs. 1 and 3, interconnected modulated structure in which each polymer is continuous with no gaps/spaces therebetween; connecting paragraph of Pages 625-626, and Page 627, Col. 1, 2 nd full paragraph, lines 1-5). Regarding claims 20-21 , the limitations of the processes by which the first, fourth and second polymers are each “obtainable by” are product-by-process limitations regarding how the polymers may be prepared. MPEP § 2113 states “"[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process."” There is no indication in the disclosure of a structural difference implied by these process limitations besides the polymers comprising ethylenically unsaturated groups and ionic groups. Modified Huo teaches all the structural limitations of the claimed membrane as stated above, and further discloses the polymers comprising units including ethylenically unsaturated groups and ionic groups (see e.g. Huo Paragraphs 0076-0077). Furthermore, Kawatoh also teaches the polymers forming the co-continuous network being chain polymers of ethylenically unsaturated groups provided with ionic groups (see e.g. Kawatoh Page 626, Col. 1, lines 11-14, Page 627, Col. 1, 1 st full paragraph, and Page 628, under “Concluding Remarks”, lines 1-4, chain CMPS and SAN polymers respectively provided with cationic and anionic groups). Regarding claim 23 , modified Huo teaches the membrane being a bipolar membrane (see e.g. Huo Paragraph 0005, line 3, bipolar membrane). Regarding claim 24 , Modified Huo teaches all the elements of the membrane of claim 1 as stated above. Modified Huo does not explicitly teach the volume fraction of the third polymer in the third layer being from 0.1 to 0.9, but does teach the third polymer and fourth polymer being mixed and interpenetrating each other in the third layer (see e.g. Huo Fig. 10A, bipolar interface 1013 in which anion-conducting polymer 1019 and cation-conducting polymer 1021 are mixed interpenetrating each other; Paragraph 0301, lines 1-4, Paragraph 0009, 20-25, and Paragraph 0325), which would necessitate the volume fraction of the third polymer being greater than 0 but less than 1, encompassing the claimed range of the present invention. Kawatoh further teaches the two continuous phase polymers being added in equal weight amounts (see e.g. Kawatoh Page 626, Col. 1, paragraph starting “Blend Preparation”, lines 1-2, and connecting paragraph of Cols. 1-2, liens 7-12), which would result in a volumetric ratio likely within the range of 0.1 to 0.9, particularly slightly above or below 0.5, depending on their densities. MPEP § 2144.05 I states “In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.”. Regarding claim 25 , modified Huo teaches the third layer comprising a catalyst (see e.g. Huo Paragraph 0311, catalysts present at bipolar interface). Regarding claim 26 , modified Huo teaches the first polymer and the fourth polymer comprising anionic groups (see e.g. Huo Paragraph 0301, lines 2-7, and Paragraph 0233, cation-conducting polymer 1021 and cation-conducting polymer layer 1011 comprising negatively charged, i.e. anionic, groups) and the second and the third polymer comprising cationic groups (see e.g. Huo Paragraph 0301, lines 2-7, and Paragraph 0202, lines 1-4, anion-conducting polymer 1019 and anion conducting polymer layer 1009 comprising positively charged, i.e. cationic, groups) . Response to Arguments 07-38-02 AIA Applicant’s arguments, see pages 9-13 , filed 05/18/2026 , with respect to the rejection(s) of claim(s) 1 under 35 USC 103 over Huo and Romdhane, particularly regarding the lack of teaching of a co-continuous network with an ionically charged polymer forming a network of pores that an oppositely charged other polymer fills , have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Huo and Kawatoh . On page 12, Applicant argues that the cited references do not disclose or teach the claimed features of the process by which “the third polymer is obtainable”, i.e. the third polymer being based on monomers having ethylenically unsaturated groups and ionic groups that are synthesized by radical polymerization and having the specific composition specified in the claim. This is not considered persuasive. As previously stated, this is a product-by process limitation. MPEP § 2113 states “"[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process."” There is no indication in the disclosure of a structural difference implied by these process limitations besides the polymers being chain polymers comprising ethylenically unsaturated groups and ionic groups. Modified Huo teaches all the structural limitations of the claimed membrane as stated above, and further teaches the polymers comprising chains formed of units including ethylenically unsaturated groups and ionic groups (see e.g. Huo Paragraphs 0076-0077). Furthermore, in light of the new grounds of rejection, Kawatoh also teaches the polymers forming the co-continuous network being chain polymers of ethylenically unsaturated groups provided with ionic groups (see e.g. Kawatoh Page 626, Col. 1, lines 11-14, Page 627, Col. 1, 1 st full paragraph, and Page 628, under “Concluding Remarks”, lines 1-4, chain CMPS and SAN polymers respectively provided with cationic and anionic groups) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Barrett et al. (U.S. Patent No. 3,991,017) discloses a hybrid ion exchange membrane comprising two relatively independent phases wherein a macroporous ion exchange resin portion with weak base, i.e. anionic, functionality formed by polymerization of ethylenically unsaturated monomers with initiators in a solution is at least partially filled with a gel ion exchange resin with weak acid, i.e. cationic, functionality formed by polymerization of ethylenically unsaturated monomers. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOFOLUWASO S JEBUTU whose telephone number is (571)272-1919. The examiner can normally be reached M-F 9am-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luan Van can be reached at (571) 272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MOFOLUWASO S JEBUTU/Examiner, Art Unit 1795 Application/Control Number: 18/041,846 Page 2 Art Unit: 1795 Application/Control Number: 18/041,846 Page 3 Art Unit: 1795 Application/Control Number: 18/041,846 Page 4 Art Unit: 1795 Application/Control Number: 18/041,846 Page 5 Art Unit: 1795 Application/Control Number: 18/041,846 Page 6 Art Unit: 1795 Application/Control Number: 18/041,846 Page 7 Art Unit: 1795 Application/Control Number: 18/041,846 Page 8 Art Unit: 1795 Application/Control Number: 18/041,846 Page 9 Art Unit: 1795 Application/Control Number: 18/041,846 Page 10 Art Unit: 1795 Application/Control Number: 18/041,846 Page 11 Art Unit: 1795 Application/Control Number: 18/041,846 Page 12 Art Unit: 1795 Application/Control Number: 18/041,846 Page 13 Art Unit: 1795 Application/Control Number: 18/041,846 Page 14 Art Unit: 1795
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