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 .
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.
Claims 1, 2 and 4-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4,596,639 to Nishio et al. (Nishio).
As to claim 1, Nishio teaches a two compartment electrolyzer comprising a first compartment (2) comprising a cathode (16); a second compartment (1) comprising an anode (12); and a cation exchange membrane (3) separating the content of the first compartment (2) from the second compartment (1) but allowing passage of sodium cations under electrolysis, the apparatus of Nishio specifically producing a plurality of end products including chlorine gas, sodium hydroxide and hydrogen gas, but capable of producing many more product dependent on the specific feeds and operating conditions (Column 4, Lines 32-62; Column 5, Lines 17-22; Column 6, Line 55 to Column 7, Line 12; Column 8, Lines 6-24; Figures 1 and 3; MPEP 2114).
As to claim 2, Nishio teaches the apparatus of claim 1. Nishio further teaches that the cathode (16) is horizontal (Figure 1).
As to claims 4 and 5, Nishio teaches the apparatus of claim 1. Nishio specifically teaches that the cation exchange membrane is a Nafion membrane, a STFC membrane that transfers sodium ions and blocks chlorine ions (Column 8, Lines 6-24; Column 9, Lines 56-58).
As to claim 6, Nishio teaches the apparatus of claim 1. As discussed above, Nishio specifically teach that the electrolyzer simultaneously produces sodium hydroxide and chlorine. The apparatus of Nishio would further be capable of generating elemental lead depending upon the solution fed to the cathode and the operating conditions (MPEP 2114).
As to claims 7, 9 and 10, Nishio teaches an electrolyzer comprising a horizontal cathode (16) and a cathode compartment (2) with the horizontal cathode (16) forming the base of the cathode compartment (2), thus forming a surface of the cathode onto which an electrolytic fluid, capable of being in the form of a slurry, can be emplaced; an anode (12) suspended above the horizontal cathode (16) and an anode compartment (1) positioned to encompass the anode and thus at least partially below the anode (12), the anode compartment (1) suspended in a position above the cathode compartment (2), the anode compartment (1) comprising a horizontal cation exchange membrane (3) separating the content of the cathode compartment (2) from the anode compartment (1) and contacting an upper surface of the fluid within the cathode compartment (2), the fluid capable of being a slurry (Column 4, Lines 32-62; Column 5, Lines 17-22; Column 6, Line 55 to Column 7, Line 12; Column 8, Lines 6-24; Figures 1 and 3; MPEP 2114).
As to claim 8, Nishio teaches the apparatus of claim 7. Nishio further teaches that the cathode compartment (2) comprises vertical containing surfaces capable of containing the electrolytic slurry onto the horizontal cathode (16), a gate (outlet opening) (20) in the vertical containing surface through which an end product resulting from electrolysis can be removed from the cathode, and a removing mechanism (pump) for removing from the horizontal cathode (16) a product resulting from electrolysis (Column 7, Lines 3 to Column 8, Line 2; Figure 1).
As to claim 11, Nishio teaches the apparatus of claim 7. Nishio further teaches that the anode comprises a plurality of vents through which gaseous chlorine produced in the anode compartment can pass and a gas capture subsystem, chlorine gas outlet (15), for capturing the chlorine that escapes the anode compartment (Column 4, Line 32-62; Column 5, Lines 5-16; Figures 1 and 3).
As to claim 12, Nishio teaches the apparatus of claim 7. Nishio further teaches that the apparatus comprises an inlet line (19), capable of sending a slurry, for emplacing a fluid into the cathode compartment (2), and an electrolyte line (13) for emplacing an anode electrolyte into the anode compartment (1) (Column 4, Lines 32-62; Column 6, Line 55 to Column 7, Line 12; Figure 1).
As to claims 13 and 14, Nishio teaches the apparatus of claim 7. Nishio specifically teaches that the cation exchange membrane is a Nafion membrane, a STFC membrane that transfers sodium ions and blocks chlorine ions (Column 8, Lines 6-24; Column 9, Lines 56-58).
As to claim 15, Nishio teaches the apparatus of claim 7. As discussed above, Nishio specifically teach that the electrolyzer simultaneously produces sodium hydroxide and chlorine. The apparatus of Nishio would further be capable of generating elemental lead depending upon the solution fed to the cathode and the operating conditions (MPEP 2114).
Claims 16, 17 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 3,976,550 to De Nora et al. (De Nora).
As to claims 16 and 17, De Nora teaches an bipolar electrolyzer assembly comprising a plurality of bipolar electrolyzers arranged in a vertical stack, each electrolyzer comprising a cathode compartment and an anode compartment divided by a semi-permeable membrane (diaphragm), the cathode compartment comprising a horizontal bipolar cathode with a cathode plate forming a bottom of the compartment onto which an electrolyte, including a slurry, can be emplaced, the anode compartment comprising an anode with the semi-permeable membrane forming a bottom of the compartment, the compartment holding an electrolyte solution, the vertically stacked bipolar electrolyzers configured such that the horizontal anode of am electrolyzer is coupled to the underside of the cathode of a higher electrolyzer (Column 5, Line 61 to Column 7, Lines 64; Figure 9).
As to claim 20, De Nora teaches the apparatus of claim 17. De Nora specifically teach that the electrolyzer simultaneously produces sodium hydroxide and chlorine. The apparatus of Nishio would further be capable of generating elemental lead depending upon the solution fed to the cathode and the operating conditions (Figure 9; MPEP 2114).
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 1, 3, 16, 17, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Nishio in view of De Nora.
As to claims 1, 3, 16 and 17, Nishio teaches a two compartment electrolyzer comprising a first compartment (2) comprising a horizontal cathode (16) forming its base; a second compartment (1) comprising a horizontal anode (12) with a cation exchange membrane (3) forming its base and separating the content of the first compartment (2) from the second compartment (1) but allowing passage of sodium cations under electrolysis, the apparatus of Nishio specifically producing a plurality of end products including chlorine gas, sodium hydroxide and hydrogen gas, but capable of producing many more product dependent on the specific feeds and operating conditions (Column 4, Lines 32-62; Column 5, Lines 17-22; Column 6, Line 55 to Column 7, Line 12; Column 8, Lines 6-24; Figures 1 and 3; MPEP 2114).
However, Nishio fails to further teach that the electrolyzer is a bipolar electrolyzer. However, De Nora also discusses the electrolytic generation of chlorine gas, sodium hydroxide and hydrogen gas in horizontally configured and divided electrolysis cells and teaches that by providing these cells as bipolar cells with anodes of one cell attached under a cathode of a higher cell the apparatus can have a small footprint in comparison to its capacity (Column 1, Lines 63-65; Column 5, Line 61 to Column 7, Lines 64; Figure 9).
Therefore, it would have been obvious to one of or9dnary skill in the art at the time of filing to modify the apparatus of Nishio with a bipolar stack configuration as in De Nora in order to provide an apparatus with a small footprint in comparison to its capacity as taught by De Nora.
As to claims 18 and 19, the combination of Nishio and De Nora teaches the apparatus of claim 17. Nishio specifically teaches that the cation exchange membrane is a Nafion membrane, a STFC membrane that transfers sodium ions and blocks chlorine ions (Column 8, Lines 6-24; Column 9, Lines 56-58).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CIEL P Contreras whose telephone number is (571)270-7946. The examiner can normally be reached M-F 9 AM to 4 PM.
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, James Lin can be reached at 571-272-8902. 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.
/CIEL P CONTRERAS/Primary Examiner, Art Unit 1794
Prosecution Insights