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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation "the second half" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the first half" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 1-4 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vyas et al (US 2007/0141439 A1).
As to claim 1, Vyas discloses an electrolytic device, comprising:
an electrolysis cell (Fig. 1) comprising:
an anode (#26 [0021]);
a cathode (#32 [0021]);
a first flow path plate facing on the anode (#42 [0023]), the first flow path plate having a first recess defining an anode flow path through which a first liquid flows (#28 [0023]);
a second flow path plate facing on the cathode (#36 [0023]), the second flow path plate having a second recess defining a cathode flow path through which a first gas flows (#32 [0023]); and
a separator provided between the anode and the cathode (#16 [0021]),
wherein
the second flow path plate has an uneven surface on an inner surface of the second recess ([0013])9, and an arithmetic mean roughness of the uneven surface is 0.03 μm or more and 50 μm or less. ([0026] “surface roughness of the bipolar plates 18 and 30 will be on the order of 500-10,000 nm.” , “in the flow field channels is reduced and its ability to wick water away is increased, thus helping stack stability” Which equates to 0.5 – 10 micrometers and falls within the instantly claimed range.
As to claim 2, the recitation “wherein the anode is configured to oxidize water in the first liquid to produce oxygen, and the cathode is configured to reduce carbon dioxide in the first gas to produce a carbon compound.” do not further structurally differentiate the claims because the configured language does not require particular structure, properties, or the like in order to carryout the claimed intent.
As to claim 3, the recitation “wherein the anode is configured to oxidize water in the first liquid to produce oxygen, and the cathode is configured to reduce nitrogen in the first gas to produce ammonia” do not further structurally differentiate the claims because the configured language does not require particular structure, properties, or the like in order to carryout the claimed intent.
As to claim 4, Vyas discloses conductive layer 50/52 on the roughened surface which may be specific transition metals such as gold, platinum, ruthenium, rhodium, etc ([0024]) thus satisfies the recitation of providing a catalyst on the uneven surface.
As to claim 14, Vyas discloses the surface of the cathode flow path is hydrophilic ([0013]).
Claim Rejections - 35 USC § 103
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 1-4 and 14are rejected under 35 U.S.C. 103 as being unpatentable over Kudo et al (US 2018/0265440 A1) in view of Vyas et al.
As to claims 1 and 14, Kudo discloses an electrolytic device, comprising:
an electrolysis cell (Figs. 1 and 2) comprising:
an anode (#11);
a cathode (#22);
a first flow path plate facing on the anode (#14), the first flow path plate having a first recess defining an anode flow path through which a first liquid flows (recesses in #12);
a second flow path plate facing on the cathode (#28), the second flow path plate having a second recess defining a cathode flow path through which a first gas flows (#23); and
a separator provided between the anode and the cathode (#30).
Kudo discloses the cathode flow path includes cathode solution comprising water with the gas flowing therethrough ([0035]).
Kudo fails to explicitly disclose the second flow path plate has an uneven surface on an inner surface of the second recess, and an arithmetic mean roughness of the uneven surface is 0.03 μm or more and 50 μm or less.
Vyas discloses a treatment for flow paths of an electrolytic cell (Title) comprising a surface roughness in a second flow path plate facing on the cathode (#36 [0023]), the second flow path plate having a second recess defining a cathode flow path through which a first gas flows (#32 [0023]); and the second flow path plate has an uneven surface on an inner surface of the second recess ([0013])9, and an arithmetic mean roughness of the uneven surface is 0.03 μm or more and 50 μm or less. ([0026] “surface roughness of the bipolar plates 18 and 30 will be on the order of 500-10,000 nm.” , “in the flow field channels is reduced and its ability to wick water away is increased, thus helping stack stability” Which equates to 0.5 – 10 micrometers and falls within the instantly claimed range.)
Thus, it would have been obvious to one of ordinary skill in the art at the time the invention as filed to have used surface roughness on an inner surface of the flow path as taught by Vyas on the flow path of Kudo in order to engineer the surface morphology of the path to provide a hydrophilic are to improve channel water transport (Vyas [0012]), prevent surface contamination (Vyas [0013]) and improves the wetting of liquids (Vyas [0025]). Thus, the use of the uneven surface renders the surface hydrophilic as required by instant claim 14.
As to claim 2, Kudo further discloses wherein the anode is configured to oxidize water in the first liquid to produce oxygen, and the cathode is configured to reduce carbon dioxide in the first gas to produce a carbon compound. (Abstract).
As to claim 3, the recitation “wherein the anode is configured to oxidize water in the first liquid to produce oxygen, and the cathode is configured to reduce nitrogen in the first gas to produce ammonia” do not further structurally differentiate the claims because the configured language does not require particular structure, properties, or the like in order to carryout the claimed intent.
As to claim 4, Kudo discloses the catalyst layer is disposed on the flow path plate (#22b [0030] [0032]) thus necessarily on the uneven surface on the flow path. It is noted the uneven surface includes surfaces which are not necessarily within the flow path or “inner surface” because the “inner surface” is not antecedently explicitly required.
Allowable Subject Matter
Claims 5-13 and 15-20 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUIS J RUFO whose telephone number is (571)270-7716. The examiner can normally be reached Monday to Friday, 9 am to 5 pm.
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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.
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/LOUIS J RUFO/ Primary Examiner, Art Unit 1795