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 Objections
Claim 4 is objected to because of the following informalities:
Claim 4 recites the limitation “the anode made of a metal” which is not consistent with claim 1 reciting “an anode made of a metal material”. The examiner suggests amending the limitation recited in claim 4 to be consistent with the limitation recited in claim 1.
Appropriate correction is required.
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 3, 9, 12, 14-15, 17-19 are 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 3 recites the limitation “the first reaction space and the second reaction space each independently include an electrolyte supply spacer, the anode and cathode contacts one surface of each electrolyte supply spacer, and the electrolyte supply spacer continuously supplies each electrolyte to the anode or cathode”. This limitation renders the claim indefinite because it is unclear whether the anode and cathode each contact only their respective electrolyte supply spacer or the anode and cathode each contact both electrolyte supply spacers. For the purposes of this Office Action, the claim limitation is considered to be met as long as the prior art discloses the first reaction space and the second reaction space each independently include an electrolyte supply spacer.
Claim 3 recites the limitation “the electrolyte supply spacer continuously supplies each electrolyte to the anode or cathode”. There is insufficient antecedent basis for this limitation in the claim. It is unclear as to whether “the electrolyte supply spacer” claims antecedent basis to the electrolyte supply spacer associated with the first reaction space, the electrolyte supply spacer associated with the second reaction space, or both. It is further unclear whether each of an electrolyte supply spacer associated with the first reaction space and an electrolyte supply spacer associated with the second reaction space continuously supplies a first electrolyte, a second electrolyte, or both to an anode, a cathode, or both. For the purposes of this Office Action, the claim limitation is considered to be met as long as the prior art discloses the first reaction space and the second reaction space each independently include an electrolyte supply spacer.
Claim 9 recites the limitation “the metal of the anode”. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether the limitation claims antecedent basis to an anode made of a metal material recited in claim 1. For the purposes of this Office Action, the limitation is assumed to refer to the anode made of a metal material in claim 1.
Claim 12 recites the limitation “the material of the ion-permeable member is glass”. There is insufficient antecedent basis for this limitation in the claim. For the purposes of this Office Action, the limitation is assumed to mean a material of the ion-permeable member is glass.
Claim 14 recites the limitation “the inlet and outlet”. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether the limitation claims antecedent basis to a first electrolyte inlet and/or second electrolyte inlet or a first electrolyte outlet and/or second electrolyte outlet, respectively. For the purposes of this Office Action, the limitation is assumed to refer to either/or a first electrolyte inlet and/or second electrolyte inlet or a first electrolyte outlet and/or second electrolyte outlet, respectively.
Claim 17 recites the limitation “a metal oxide generated from the second electrolyte solution is separated” followed by “the separated second electrolyte solution is recycled to the aqueous primary battery for carbon dioxide conversion”. The latter limitation renders claim 17 indefinite because the former limitation recites separating out the generated metal oxide (limitation “a metal oxide generated from the second electrolyte solution is separated”) while the latter limitation appears to imply that the second electrolyte solution is separated (“the separated second electrolyte solution…”). For the purposes of this Office Action, the latter limitation is assumed to mean that the second electrolyte solution is recycled.
Claim 18 recites the limitation “the metal hydroxide”. There is insufficient antecedent basis for this limitation in the claim.
Further, dependent claims 14-15, 18-19 are rendered indefinite due to their dependency on any of the indefinite claims above.
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.
Claim(s) 1-5, 7-13, 16, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR20200090504A, refer to English machine translation by EPO, in view of KR20200125169A, refer to English machine translation by EPO.
Regarding claim 1, KR20200090504A discloses an aqueous primary battery for carbon dioxide conversion ([0018]-[0019], Fig. 1-13), comprising:
a first electrolyte solution that is an aqueous electrolyte accommodated in a first reaction space (first electrolyte 115 that is an aqueous electrolyte contained in a first reaction space 111 [0019]);
a cathode in contact with the first electrolyte solution (cathode 118 provided in electrolyte 115 [0019]);
a second electrolyte solution that is an aqueous electrolyte accommodated in the second reaction space (second electrolyte solution 155 that is an aqueous electrolyte contained in a second reaction space 151 [0020]); and
an anode made of a metal material in contact with the second electrolyte solution (anode 158 in electrolyte solution 155; zinc or aluminum used as anode [0020]).
However, KR20200090504A does not disclose the cathode includes a metal nanocluster catalyst.
KR20200125169A discloses a gas diffusion electrode for converting carbon dioxide comprising a nanocluster catalyst for conversion of carbon dioxide, wherein the nanocluster catalyst has good carbon dioxide activity and excellent economic efficiency by controlling the composition to have dissimilar metals that are cheaper than gold ([0001], [0077]).
KR20200090504A and KR20200125169A are analogous art because they are concerned with the same field of endeavor, namely electrodes for converting carbon dioxide.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify KR 20200090504A by replacing the cathode catalyst with a nanocluster catalyst having a composition including gold and a dissimilar metal because KR20200125169A teaches ensuring carbon dioxide activity while reducing cost.
Regarding claim 2, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses the cathode is at least partially submerged in the first electrolyte solution, and the anode is at least partially submerged in the second electrolyte solution (cathode 118 immersed in electrolyte 115, anode 158 immersed in electrolyte 155 [0019]-[0020], see Fig. 6-13).
Regarding claim 3, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses the first reaction space and the second reaction space each independently include an electrolyte supply spacer, the anode and cathode contacts one surface of each electrolyte supply spacer, and the electrolyte supply spacer continuously supplies each electrolyte to the anode or cathode (first connector 114 communicating with the first reaction space 111, second connector 152 communicating with the second reaction space 151 [0019]-[0022], connection passage 191 extending between first connector 114 and second connector 143 so that they are communicated [0021]-[0022]).
Regarding claim 4, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses the anode made of a metal is aluminum (Al) or zinc (Zn) (zinc or aluminum [0020]).
Regarding claim 5, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200125169A further discloses the metal nanocluster is represented by the following Formula 1:
MxNy(SR)z [Formula 1]
wherein M is Au;
N is Ag, Cu, Ni, Pd or Pt;
SR is C1-C20 alkylthiol, C6-C20 allylthiol, C3-C20 cycloalkanethiol, C5-C20 heteroallylthiol, C3-C20 heterocycloalkanethiol, or C6-C20 arylalkanethiol;
x is 2, 4 12 or 25;
y is 0, 1, 2, 3, 4 or 32; and
z is 8, 10, 18 or 30 (Au12M32(SR)30, wherein M is silver or copper and SR is an organic thiol-based ligand containing a fluorine group and R is a fluorine-group containing aryl group having 6 to 30 carbon atoms, a fluorine group-containing aryl alkane group having 6 to 40 carbon atoms, a fluorine group-containing heteroaryl group having 6 to 30 carbon atoms, and a carbon number, any one selected from the group consisting of 6 to 40 heteroaryl alkane groups [0014]-[0022]; It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.).
Regarding claim 7, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses the first electrolyte solution is an acidic, neutral or basic electrolyte (anode size is weakly acidic [0080]), and the second electrolyte solution is a strongly basic electrolyte (cathode side is basic [0019]).
Regarding claim 8, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200125169A further discloses the cathode is a gas diffusion electrode including a porous support and a metal nanocluster fixed to the pores of the porous support (gas diffusion electrode [0018]; nanocluster solution was solution-deposited on a gas diffusion type microporous carbon electrode [0075]).
Regarding claim 9, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses the metal of the anode is oxidized to a metal oxide (discharge process shows zinc oxidized to zinc oxide when zinc is the anode and aluminum oxidized to the form of an oxide when aluminum is the anode [0024]-[0048]), and the cathode reduces carbon dioxide to carbon monoxide (carbon monoxide produced [0095]-[0098]).
Regarding claim 10, modified KR20200090504A discloses all of the claim limitations as set forth above. Further regarding claim 10 reciting “the aqueous primary battery for carbon dioxide conversion is operated without external power”, a recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115. The recitation of a new intended use for an old product does not make a claim to that old product patentable. In re Schreiber, 44 USPQ2d 1429 (Fed. Cir. 1997). See MPEP 2111.02, 2112.01 and 2114-2115. In this case, since modified KR20200090504A discloses the battery of claim 10, the prior art is considered capable of performing the claimed apparatus functionality.
Regarding claim 11, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses a porous ion-permeable member partitioning the first reaction space and the second reaction space (ion transfer member 192 has a porous structure ([0021]-[0023]).
Regarding claim 12, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses the material of the ion-permeable member is glass (glass [0023]).
Regarding claim 13, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses the porous ion-permeable member is an ion exchange membrane (ion exchange membrane [0064]-[0066]).
Regarding claim 16, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses a carbon dioxide conversion method (using carbon dioxide [0018]-[0019]; discharging process [0082]-[0089]) comprising:
supplying carbon dioxide to a cathode of an aqueous primary battery for carbon dioxide conversion (carbon dioxide supplied to battery [0082]); and
obtaining carbon monoxide converted from carbon dioxide at the cathode (obtain carbon monoxide [0098]),
wherein the aqueous primary battery for carbon dioxide conversion is the aqueous primary battery for carbon dioxide conversion of claim 1 (see rejection of claim 1 above).
Regarding claim 20, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses carbonate ions generated from the first electrolyte solution are converted into carbon dioxide, and the converted carbon dioxide is recovered to the cathode (carbon dioxide processing unit and carbon dioxide circulation supply unit for recycling unused carbon dioxide to be supplied again [0052]-[0059]).
Claim(s) 1-4, 6-13, 16, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR20200090504A, refer to English machine translation by EPO, in view of KR20170114870A, refer to English machine translation by EPO.
Regarding claim 1, KR20200090504A discloses an aqueous primary battery for carbon dioxide conversion ([0018]-[0019], Fig. 1-13), comprising:
a first electrolyte solution that is an aqueous electrolyte accommodated in a first reaction space (first electrolyte 115 that is an aqueous electrolyte contained in a first reaction space 111 [0019]);
a cathode in contact with the first electrolyte solution (cathode 118 provided in electrolyte 115 [0019]);
a second electrolyte solution that is an aqueous electrolyte accommodated in the second reaction space (second electrolyte solution 155 that is an aqueous electrolyte contained in a second reaction space 151 [0020]); and
an anode made of a metal material in contact with the second electrolyte solution (anode 158 in electrolyte solution 155; zinc or aluminum used as anode [0020]).
However, KR20200090504A does not disclose the cathode includes a metal nanocluster catalyst.
KR20170114870A discloses electrochemical conversion of carbon dioxide using gold nanoclusters for producing synthesis gas containing carbon monoxide and hydrogen (Title, [0001]). KR20170114870A further discloses 100% Faraday conversion efficiency ([0126]-[0127], [0129]).
KR20200090504A and KR20170114870A are analogous art because they are concerned with the same field of endeavor, namely electrodes for converting carbon dioxide.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify KR 20200090504A by replacing the cathode catalyst with a gold-based nanocluster catalyst because KR20170114870A teaches said catalyst achieves efficient carbon dioxide conversion.
Regarding claim 2, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses the cathode is at least partially submerged in the first electrolyte solution, and the anode is at least partially submerged in the second electrolyte solution (cathode 118 immersed in electrolyte 115, anode 158 immersed in electrolyte 155 [0019]-[0020], see Fig. 6-13).
Regarding claim 3, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses the first reaction space and the second reaction space each independently include an electrolyte supply spacer, the anode and cathode contacts one surface of each electrolyte supply spacer, and the electrolyte supply spacer continuously supplies each electrolyte to the anode or cathode (first connector 114 communicating with the first reaction space 111, second connector 152 communicating with the second reaction space 151 [0019]-[0022], connection passage 191 extending between first connector 114 and second connector 143 so that they are communicated [0021]-[0022]).
Regarding claim 4, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses the anode made of a metal is aluminum (Al) or zinc (Zn) (zinc or aluminum [0020]).
Regarding claim 6, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20170114870A further discloses the metal nanocluster is represented by the following Formula 2:
Mx(SR)y [Formula 2]
wherein M is Au or Ag;
SR is C1-C20 alkylthiol, C3-C20 alkenylthiol, C3-C20 alkynylthiol, C6-C20 allylthiol, C3-C20 cycloalkylthiol, C5-C20 heteroallylthiol, C3-C20 heterocycloalkylthiol, or C6-C20 arylC1-C20 alkylthiol;
x is 25, 38 or 144; and
y is 18, 24, 25 or 60 (Au25(C6S)18 [0001]).
Regarding claim 7, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses the first electrolyte solution is an acidic, neutral or basic electrolyte (anode size is weakly acidic [0080]), and the second electrolyte solution is a strongly basic electrolyte (cathode side is basic [0019]).
Regarding claim 8, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20170114870A further discloses the cathode is a gas diffusion electrode including a porous support and a metal nanocluster fixed to the pores of the porous support (catalyst-based carbon black and Nafion, Nafion used for firm fixation between catalyst and carbon black [0031], [0045]-[0046]).
Regarding claim 9, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses the metal of the anode is oxidized to a metal oxide (discharge process shows zinc oxidized to zinc oxide when zinc is the anode and aluminum oxidized to the form of an oxide when aluminum is the anode [0024]-[0048]), and the cathode reduces carbon dioxide to carbon monoxide (carbon monoxide produced [0095]-[0098]).
Regarding claim 10, modified KR20200090504A discloses all of the claim limitations as set forth above. Further regarding claim 10 reciting “the aqueous primary battery for carbon dioxide conversion is operated without external power”, a recitation directed to the manner in which a claimed apparatus is intended to be used does not distinguish the claimed apparatus from the prior art, if the prior art has the capability to so perform. See MPEP 2111.02, 2112.01 and 2114-2115. The recitation of a new intended use for an old product does not make a claim to that old product patentable. In re Schreiber, 44 USPQ2d 1429 (Fed. Cir. 1997). See MPEP 2111.02, 2112.01 and 2114-2115. In this case, since modified KR20200090504A discloses the battery of claim 10, the prior art is considered capable of performing the claimed apparatus functionality.
Regarding claim 11, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses a porous ion-permeable member partitioning the first reaction space and the second reaction space (ion transfer member 192 has a porous structure ([0021]-[0023]).
Regarding claim 12, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses the material of the ion-permeable member is glass (glass [0023]).
Regarding claim 13, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses the porous ion-permeable member is an ion exchange membrane (ion exchange membrane [0064]-[0066]).
Regarding claim 16, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses a carbon dioxide conversion method (using carbon dioxide [0018]-[0019]; discharging process [0082]-[0089]) comprising:
supplying carbon dioxide to a cathode of an aqueous primary battery for carbon dioxide conversion (carbon dioxide supplied to battery [0082]); and
obtaining carbon monoxide converted from carbon dioxide at the cathode (obtain carbon monoxide [0098]),
wherein the aqueous primary battery for carbon dioxide conversion is the aqueous primary battery for carbon dioxide conversion of claim 1 (see rejection of claim 1 above).
Regarding claim 20, modified KR20200090504A discloses all of the claim limitations as set forth above. KR20200090504A further discloses carbonate ions generated from the first electrolyte solution are converted into carbon dioxide, and the converted carbon dioxide is recovered to the cathode (carbon dioxide processing unit and carbon dioxide circulation supply unit for recycling unused carbon dioxide to be supplied again [0052]-[0059]).
Conclusion
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/James Lee/Primary Examiner, Art Unit 1725 12/12/2025