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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 submissions filed on 23 February and 18 March 2026 has been entered.
Drawings
The drawings were received on 23 February 2026. These drawings are approved.
Terminal Disclaimer
The terminal disclaimer filed on 18 March 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of any patent granted on Application Number 17/969,448 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant’s statement of common ownership in the remarks, see page 7, filed 23 February 2026, are sufficient to remove Hammad et al, US 2023/0212761 A1, as prior art under 35 U.S.C. 102, using the exception under 35 U.S.C. 102(b)(2)(c).
Applicant's arguments filed 23 February 2026 have been fully considered but they are not persuasive. Applicant has argued that the instant disclosure provides sufficient written description of the claimed invention.
In response, the Office continues to disagree with Applicant’s position. While each individual claim element was disclosed, it is clear from a reading of the specification that Applicant did not contemplate the combination of elements currently being claimed.
Applicant points to paragraph [0024] and paragraph [0027] as providing support.
However, paragraph [0024] is a discussion of the system of fig. 2A (i.e. “electrochemical cell 210”) and paragraph [0027] is a discussion of the system of fig. 3A (i.e. “electrochemical cell 310”).
Paragraph [0022] discusses that the hydrogen sulfide stream 201 that enters the electrochemical cell 210 includes hydrogen sulfide in a liquid state; note that paragraph [0017] defines the term “hydrogen sulfide in a liquid state” as being “liquefied hydrogen sulfide” and thus excludes an aqueous solution of hydrogen sulfide. Further, fig. 2B shows processing steps 252 and 254 as using the supercritical conditions with hydrogen sulfide in liquid state.
Paragraph [0029] provides operating conditions for the electrochemical cell 310 including “operat[ing] at ambient pressure” and paragraph [0027] recites “[t]he hydrogen sulfide stream 301 includes hydrogen sulfide dissolved in water”. Further, fig. 3B shows processing step 352 as flowing a hydrogen sulfide solution to the anode side.
Thus, the specification at the time of filing does not teach or contemplate using the hydrogen sulfide stream 301 that included hydrogen sulfide dissolved in water in the electrochemical cell 210 that was maintained at temperature and pressure for liquefied hydrogen sulfide to be in a supercritical state.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-9 and 20-28 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. While each individual claim element was disclosed, it is clear from a reading of the specification that Applicant did not contemplate the combination of elements currently being claimed. At paragraph [0024], the operation of an electrochemical cell in the supercritical state is disclosed. At paragraph [0027], the operation of an electrochemical cell with an aqueous solution of hydrogen sulfide is disclosed. However, paragraph [0024] is a discussion of the system of fig. 2A (i.e. “electrochemical cell 210”) and paragraph [0027] is a discussion of the system of fig. 3A (i.e. “electrochemical cell 310”).
Paragraph [0022] discusses that the hydrogen sulfide stream 201 that enters the electrochemical cell 210 includes hydrogen sulfide in a liquid state; note that paragraph [0017] defines the term “hydrogen sulfide in a liquid state” as being “liquefied hydrogen sulfide” and thus excludes an aqueous solution of hydrogen sulfide. Further, fig. 2B shows processing steps 252 and 254 as using the supercritical conditions with hydrogen sulfide in liquid state.
Paragraph [0029] provides operating conditions for the electrochemical cell 310 including “operat[ing] at ambient pressure” and paragraph [0027] recites “[t]he hydrogen sulfide stream 301 includes hydrogen sulfide dissolved in water”. Further, fig. 3B shows processing step 352 as flowing a hydrogen sulfide solution to the anode side.
Thus, the specification at the time of filing does not teach or contemplate using the hydrogen sulfide stream 301 that included hydrogen sulfide dissolved in water in the electrochemical cell 210 that was maintained at temperature and pressure for liquefied hydrogen sulfide to be in a supercritical state.
New claim 27 is additionally rejected as containing new matter. As noted above, the disclosure of an aqueous solution of hydrogen sulfide relates to figs. 3A and 3B. Paragraph [0029] discusses the operating conditions of the electrochemical cell 301, noting that it was configured to operate at ambient pressure. Thus, the specification as filed did not contemplate using the aqueous solution of hydrogen sulfide with pressures within the claimed range.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HARRY D WILKINS III whose telephone number is (571)272-1251. The examiner can normally be reached M-F 9:30am -6:00pm.
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/HARRY D WILKINS III/Primary Examiner, Art Unit 1794
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