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 . 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 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.
DETAILED NON-FINAL ACTION
This is the initial Office Action (OA), on the merits, based on the 18/231,266 application filed on August 8, 2023. Claims 1-39 are pending. Claims 1-37 are examined, on the merits, in this Office action. The examined claims are directed to an apparatus.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-37, in the reply filed on December 22, 2025 is acknowledged. Claims 38 and 39 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The Examiner has considered the information disclosure statements (IDS) submitted on 09/01/2023. Please refer to the signed copy of the PTO-1449 form attached herewith.
Claim Objections
Claim 1-37 are objected to because of the following informalities: In claim 1, there appears to be an unnecessary ‘and’ in the phrase “. . . the first electrode liquid outlet cavity; and an upper part of a side wall . . .” because the noted semicolon is not the last one. To improve readability, typically, the conjunctive (and) appears only after the final semicolon.
Claim 6, 8 and 23-25: The ‘carbon cloth’ abbreviation ‘CC’ is introduced in claim 5, but claim 6 depends on claim 2, so the CC may not be properly introduced in claim 6.
This reasoning applies to other claims and abbreviations, such as CC and PTFE in claim 8, and CC in claims 23 and 24, PTFE, PVDF, and PP in claim 25 etc. The claims (and specification) have not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any additional errors of which Applicant may become aware.
Claims 2-37 depend on claim 1.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 1-37 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 pre-AIA the applicant regards as the invention.
Claim 1 follows, with the underlined portions either causing or intended to assist in an understanding of the indefiniteness rejection.
Claim 1: A roll-type device for an electrochemical recovery of ammonia, comprising:
a central tube and a tubular shell sleeved outside the central tube,
wherein two axial ends of the tubular shell are provided with two end caps, respectively, the two end caps are in a sealed connection with two ends of the central tube, respectively, and the two end caps each are provided with an avoidance hole communicating with the central tube;
two partition plates separating an inner hole of the central tube are provided inside the central tube;
an axis of the central tube is set as a vertical direction;
an upper partition plate of the two partition plates and an inner wall of the central tube located above the upper partition plate enclose a first electrode liquid outlet cavity with an upper opening, and a lower partition plate of the two partition plates and an inner wall of the central tube located below the lower partition plate enclose a first electrode liquid inlet cavity with a lower opening;
the first electrode liquid outlet cavity and the first electrode liquid inlet cavity are separated by the two partition plates;
a hydrophobic gas membrane and an anion-exchange membrane (AEM) are sequentially wound around the central tube, the hydrophobic gas membrane and the AEM are located inside the tubular shell, and a winding-starting edge of the hydrophobic gas membrane and a winding-starting edge of the AEM are in a sealed connection with an outer wall of the central tube;
a winding direction of the hydrophobic gas membrane and the AEM around the central tube is set as a clockwise direction;
the winding-starting edge of the AEM is located in a counterclockwise direction of the winding-starting edge of the hydrophobic gas membrane;
a first porous flexible electrode and a first guide liner are sequentially wound at an inner side of the hydrophobic gas membrane, and a second porous flexible electrode and a second guide liner are sequentially wound at an inner side of the AEM;
a winding-terminating edge of the hydrophobic gas membrane and a winding-terminating edge of the AEM are in a sealed connection with an inner wall of the tubular shell;
the winding-terminating edge of the AEM is located in a counterclockwise direction of the winding-terminating edge of the hydrophobic gas membrane;
edges of upper and lower ends of each of the hydrophobic gas membrane and the AEM are in a sealed connection with the two end caps of the two axial ends of the tubular shell, such that an inner side wall of the hydrophobic gas membrane, an outer wall of the central tube extending from the winding-starting edge of the hydrophobic gas membrane in the clockwise direction, an outer side wall of the AEM, and the inner wall of the tubular shell enclose a closed first electrode liquid flow chamber, and an inner side wall of the AEM, an outer wall of the central tube extending from the winding-starting edge of the AEM in the clockwise direction, an outer side wall of the hydrophobic gas membrane, and the inner wall of the tubular shell enclose a closed second electrode liquid flow chamber;
a first partition is provided inside the closed first electrode liquid flow chamber, and the first partition separates the closed first electrode liquid flow chamber into a first flow channel;
a second partition is provided inside the closed second electrode liquid flow chamber, and the second partition separates the closed second electrode liquid flow chamber into a second flow channel;
a top of a side wall of the central tube is provided with an outlet hole allowing the first electrode liquid outlet cavity to communicate with the first flow channel, and a bottom of the side wall of the central tube is provided with an inlet hole allowing the first electrode liquid inlet cavity to communicate with the first flow channel;
a first electrode liquid enters the closed first electrode liquid flow chamber through the inlet hole at the bottom of the central tube, flows from a bottom to a top, exits the closed first electrode liquid flow chamber through the outlet hole at the top of the central tube, and flows out through the first electrode liquid outlet cavity; and
an upper part of a side wall of the tubular shell is provided with a second electrode liquid inlet communicating with the second flow channel, and a lower part of the side wall of the tubular shell is provided with a second electrode liquid outlet communicating with the second flow channel; and
a second electrode liquid flows in through the second electrode liquid inlet, flows from the top to the bottom, and flows out through the second electrode liquid outlet.
The meaning of “an avoidance hole” in the context of the claim is unclear. It is unclear if this is a term or phrase of art, and Examiner could not find any related guidance in the specification.
The claim mentions “an axis of the central tube is set as a vertical direction,” but there is no later reference to this axis. Because there will be more than one axis, it is unclear how to interpret this phrase in a structural sense. Does this imply that the central tube must be vertical with respect to all other components?
The phrases “enclose a first electrode liquid outlet cavity with an upper opening” and “enclose a first electrode liquid inlet cavity with a lower opening” are confusing or unclear in the sense that they appear to state that an opening acts as a boundary. That is, the cavity is enclosed with an opening. Can this language be clarified?
The claim recites: “a first electrode liquid enters the closed first electrode liquid flow chamber through the inlet hole at the bottom of the central tube, flows from a bottom to a top, exits the closed first electrode liquid flow chamber through the outlet hole at the top of the central tube, and flows out through the first electrode liquid outlet cavity” and “a second electrode liquid flows in through the second electrode liquid inlet, flows from the top to the bottom, and flows out through the second electrode liquid outlet.”
This is unclear in an apparatus claim, if the first and second electrode liquids are materials potentially worked upon by the apparatus (as implied by the method claims) rather than structural components, unless Applicant can show that these liquids are actually structural components.
In a sense one can interpret this as mixing an apparatus and method of use, and a single claim which claims both an apparatus and the method steps of using the apparatus is indefinite. MPEP 2173.05 (p). Applicant should clarify how to interpret the liquid flows in relation to the structure, such as when there is no liquid. Could the liquid be merely configured to flow as recited?
The meaning of every term or phrase used in a claim should be apparent from the prior art or from the specification and drawings at the time the application is filed. See MPEP §2173.05(a). According to MPEP §2173, "The primary purpose of this requirement of definiteness of claim language is to ensure that the scope of the claims is clear so the public is informed of the boundaries of what constitutes infringement of the patent . . . If the language of a claim is such that a person of ordinary skill in the art could not interpret the metes and bounds of the claim so as to understand how to avoid infringement, a rejection of the claim under 35 U.S.C. 112, second paragraph, would be appropriate. See Morton Int 'l, Inc. v. Cardinal Chem. Co., 5 F.3d 1464, 1470, 28 USPQ2d 1190, 1195 (Fed. Cir. 1993). See MPEP §2173.02.
Claims 2-37 depend on claim 1.
The meaning of every term or phrase used in a claim should be apparent from the prior art or from the specification and drawings at the time the application is filed. See MPEP §2173.05(a). According to MPEP §2173, "The primary purpose of this requirement of definiteness of claim language is to ensure that the scope of the claims is clear so the public is informed of the boundaries of what constitutes infringement of the patent . . . If the language of a claim is such that a person of ordinary skill in the art could not interpret the metes and bounds of the claim so as to understand how to avoid infringement, a rejection of the claim under 35 U.S.C. 112, second paragraph, would be appropriate. See Morton Int 'l, Inc. v. Cardinal Chem. Co., 5 F.3d 1464, 1470, 28 USPQ2d 1190, 1195 (Fed. Cir. 1993). See MPEP §2173.02.
Conclusion
The following prior art and/or evidentiary references are made of record. Although they are not relied upon, Examiner views them as pertinent to Applicant's disclosure.
Botte (US20160083853) discloses an electrochemical synthesis of ammonia in alkaline media (Abstract). In one embodiment, a simplified electrochemical cell 10 is configured for flow cell processing to convert molecular nitrogen (N2) to ammonia (NH3). The simplified electrochemical cell 10 comprises a cathodic chamber 15 containing a cathode electrode 20, an anodic chamber 25 containing an anode electrode 30, wherein the cathodic chamber 15 and the anodic chamber 25 are physically separated from each other by a separator 35 ([0021], Fig. 1). Wet proofing materials such as polytetrafluoroethylene (PTFE) can be included in the electrode structure (e.g., rolled, added as a thin layer) to control the permeation of the alkaline electrolyte through the electrode and minimize flooding ([0028]).
Buschmann (US20140131217) discloses a various embodiments of a novel apparatus for use as an electrochemical reactor and novel electrochemical processes. The reactor and associated process are designed for promoting efficient and productive electrochemical transformation of material fed into the reactor in the presence of at least two phases (Abstract, [0011]). Separator 106 and separator 214 separates the catholyte and anolyte fluids from one another, thereby keeping the respective reactants and products from mixing in an uncontrolled manner, providing control of two-phase fluid dynamics (flow distribution, mixing, electrode contact, partial pressures of gases), preventing undesirable side reactions, preventing electrode shorting or shunt losses, and allowing for precise control of process conditions at each electrode ([0067], Fig. 1). Separator 214 may be formed into a tubular shape by casting, extrusion, or rolling flat sheets and bonding a seam. In an embodiment, separator 214 is a tubular perfluorosulfonic acid membrane such as Nafion™ (Id.)
Examiner did not apply prior art to the claims at this time.
Examiner recommends that Applicant carefully review all objections/rejections before responding to this office action to properly advance the case in light of the pertinent objections/rejections.
Examiner also recommends that for any substantive claim amendments made in response to this Office Action, or to otherwise advance prosecution, or for any remarks concerning support for added subject matter or claim priority, that Applicant include either a pinpoint citation to the original Specification (i.e. page and/or paragraph and/or line number and/or figure number) to indicate where Applicant is drawing support for such amendment or remarks, or a clear explanation indicating why the particular limitation is implicit or inherent to the original disclosure.
Electronic Inquiries
Any inquiry concerning this communication or an earlier communications from the examiner should be directed to Hayden Brewster whose telephone number is (571) 270-1065. The examiner can normally be reached M-Th 9 AM - 4 PM.
Alternatively, to contact the examiner, Applicant may send a communication, via e-mail or fax. Examiner’s direct fax number is: (571) 270-2065. Examiner's official e-mail address is: "Hayden.Brewster@uspto.gov." However, since e-mail communication may not be secure, Examiner will not respond to a substantive e-mail unless Applicant’s communication is in accordance with the provisions of MPEP §502.03 & related sections that discuss the required Authorization for Internet Communication (AIC). Nonetheless, all substantive communications will be made of record in Applicant’s file.
To facilitate the Internet communication authorization process, Applicant may file an appropriate letter, or may complete the USPTO SB439 fillable form available at https://www.uspto.gov/sites/default/files/documents/sb0439.pdf, preferably in advance of any substantive e-mail communication. Since one may use an electronic signature with this particular form, Applicant is encouraged to file this form via the Office’s system for electronic filing of patent correspondence (i.e., the electronic filing system (Patent Center)). Otherwise, a handwritten signature is required. In addition to Patent Center, Applicant can submit their Internet authorization request via US Postal Service, USPTO Customer Service Window, or Central Fax. Examiner can also provide a one-time oral authorization, but this will only apply to video conferencing. It is improper to request Internet Authorization via e-mail.
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/HAYDEN BREWSTER/Examiner, AU 1779