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 .
Response to Amendment
The amendment filed on 6/10/2026 has been entered into the prosecution for the application. Currently claims 1, 2, 4-7, 9-10, 16, 19, 23, 25-26, 31, 33-38 are pending with claims 26 and 31 withdrawn from consideration.
Claims 1, 2, 4-7, 9-10, 16, 19, 23, 25 and 33-38 are pending examination.
The 112(b) rejections to claims 1, 5-7 and 33 are withdrawn due to the amendment to the claims.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 4-7, 9-10, 16, 19, 23, 25, 33-38 are rejected under 35 U.S.C. 103 as being unpatentable over JP2016023371A of Sauter in view of US 2009/0008261 of Kotzeva et al. It is noted that the English translation of Sauter is supplied by Applicant in the IDS dated 10/23/2023.
As to claims 1, 6 and 38, Sauter teaches of a cell comprising:
a first gas diffusion electrode (Sauter, [0029] – [0030] and Figs. 2 and 3);
a second electrode (Sauter, [0029] – [0030] and Figs. 2 and 3); and
a porous capillary spacer positioned between the first and second electrodes (Sauter, [0011], [0029] – [0030] and Figs. 2 and 3).
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As seen in Figs. 2 and 3, there is a porous capillary spacer (1) between first and second electrodes (2 and 3). It is noted that both electrodes 2/3 are gas diffusion electrodes as gas diffuse away from the catalyst layers once generated.
Sauter does not teach a structure to compress the electrodes against the spacer.
Kotzeva teaches of a water electrolysis apparatus (Kotzeva, [0001]).
Kotzeva also teaches that the cell stack is fastened by bolts which pass through bolt-holes such that the bolts are fastened with washers to compress the stack between the end plates (Kotzeva, [0049], [0058] and Figs. 1 and 2).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Sauter as per Kotzeva so as to utilize the bolt fasteners in order to tightly hold the structure together under compression.
As to the limitations of how much compression, this is the intended use of the structure and thus does not provide a patentable difference to the combination, see MPEP 2114 I and II.
As to claims 2 and 16, Sauter in view of Kotzeva teach to the system of claim 1.
Sauter teaches sealing frames (5) to seal the cell and provide a housing such that the sealing frames also provide a reservoir for an end of the porous capillary spacer to be positioned in, thus providing an external liquid conduit to the cell (Sauter, [0030] and Fig. 3).
As to claim 4, Sauter in view of Kotzeva teach to the system of claim 1.
Sauter teaches the liquid electrolyte is aqueous (Sauter, [0025]).
As to the claim language of the flow rate, this limitation does not further define a structure of the system, thus is disclosed as per the combination of Sauter in view of Kotzeva as per claim 1.
As to claim 5, Sauter in view of Kotzeva teach to the system of claim 1.
The claim limitations of use at a pressure of above 3 bar does not provide a structural embodiment to the system. Thus the combination of Sauter in view of Kotzeva discloses the claimed limitations (see MPEP 2114 I and II).
As to claim 7, Sauter in view of Kotzeva teach to the system of claim 1.
Sauter teaches the porous capillary spacer is more than 50% to 80% porous (Sauter, [0018]).
As to claim 9, Sauter in view of Kotzeva teach to the system of claim 1.
Sauter additionally teaches a gas handling structure in a portion of the first electrode (Sauter, [0029] and Fig. 2).
As to claim 10, Sauter in view of Kotzeva teach to the system of claim 1.
Sauter teaches the second electrode is a gas diffusion electrode (Sauter, [0029] – [0030] and Figs. 2 and 3).
As to claim 19, Sauter in view of Kotzeva teach to the system of claim 1.
Sauter teaches the liquid is transported along the porous capillary spacer by capillary action and diffusion (Sauter, [0011]).
As to claim 23, Sauter in view of Kotzeva teach to the system of claim 1.
Sauter teaches the average pore diameter in the porous capillary spacer is less than 400 microns (Sauter, [0017] and [0022]).
As to claim 25, Sauter in view of Kotzeva teach to the system of claim 1.
Sauter teaches the average pore size of the capillary spacer can be between 1 micron to 10 microns for the second material with small pores for the first material. As such the system can be optimized as desired for pore structure of the capillary spacer (Sauter, [0015], [0017] and [0022]).
As to claim 33, Sauter in view of Kotzeva teach to the system of claim 1.
Sauter teaches the average pore size of the capillary spacer can be between 1 micron to 10 microns for the second material with small pores for the first material. As such the system can be optimized as desired for pore structure of the capillary spacer (Sauter, [0015], [0017] and [0022]).
As to claim 34, Sauter in view of Kotzeva teach to the system of claim 1.
Sauter teaches the porous capillary spacer can be two or more layers, thus two or more spacers (Sauter, [0032]).
As to claim 35, Sauter in view of Kotzeva teach to the system of claim 1.
Sauter teaches the porous capillary spacer comprises a plurality of pores to fluidically couple the first and second electrodes (Sauter, [0011], [0020], [0021], [0030], [0032] and Figs. 3 and 4).
As to claim 36, Sauter in view of Kotzeva teach to the system of claim 1.
Sauter does not teach the thickness of the porous capillary spacer being less than 0.2 mm (200 microns).
Kotzeva teaches of a water electrolysis apparatus (Kotzeva, [0001]).
Kotzeva teaches the polymer membrane is a capillary spacer that is capable of wicking water from a water channel into a central portion of the membrane assembly (Kotzeva, [0055] – [0056]). Kotzeva teaches that the thickness of the membrane is 40 microns, thus being less than 200 microns (0.2 mm) to act as a proton-conductor to facilitate oxygen and hydrogen generation as an electrolyte in the apparatus (Kotzeva, [0053]).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Sauter as per Kotzeva so as to utilize the desired spacer thickness in facilitating oxygen and hydrogen generation as an electrolyte in the apparatus.
As to claim 37, Sauter in view of Kotzeva teach to the system of claim 1.
As the use of the first and second electrodes, this does not define the structure of the component beyond that of Sauter. With that said, Sauter teaches oxygen gas is generated at anode side (catalyst layer 21) of electrode 2 while hydrogen gas is generated at cathode side (catalyst layer 31) of electrode 3 (Sauter, [0030]).
Terminal Disclaimer
The terminal disclaimer filed on 6/10/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US patent application 18/245,874 has been reviewed and is accepted. The terminal disclaimer has been recorded.
The provisional double patenting rejection to the claims are withdrawn due to the terminal disclaimer filed on 6/10/2026.
Response to Arguments
Applicant's arguments filed 6/10/2026 have been fully considered but they are not persuasive.
Applicant first argues that the “porous capillary spacer” of claim 1 requires a single material. Applicant states that Sauter teaches a layered composition that does not read on the claims as per the definitions of the porous capillary structure having specific properties.
This is not found persuasive. As per [0403] – [0404] of the printed application:
[0403] While the examples above employed porous capillary spacers 110 comprising of porous polyethersulfone material filters with average pore diameter of 0.45 μm, 1.2 μm, 5 μm, and 8 μm, supplied by the Pall Corporation, it is to be understood that a wide range of other porous, thin materials capable of incorporating liquid electrolyte within them, may be employed as porous capillary spacers 110. This includes but is not limited to porous, thin films of various types, or combinations of types, or hybrids of different types, including, without limitation:
[0404] PVDF, PTFE, tetrafluoroethylene, fluorinated polymers of various types; polyimides, polyamides, nylon, nitrogen-containing materials of various types; glass fibre, silicon-containing materials of various types; polyvinyl chloride, chloride-containing polymers of various types, cellulose acetate, cellulose nitrate, cellophane, ethyl-cellulose, cellulose-containing materials of various types; polycarbonate, carbonate-containing materials of various types; polyethersulfone, polysulfone, polyphenylsulfone, sulfone-containing materials of various types; polyphenylene sulphide, sulphide-containing materials of various types; polypropylene, polyethylene, polyolefins, olefin-containing materials of various types; asbestos, titanium-based ceramics, zirconium-based ceramics, ceramic materials of various types; polyvinyl chloride, vinyl-based materials of various types; rubbers of various types; porous battery separators of various types; and clays of various types.
It is noted that materials include PTFE, polypropylene, polyethylene, polycarbonate in Applicant’s specification. These same materials are specified in Sauter [0019], among others such that the properties and structure of the porous capillary structure is disclosed by Sauter.
Specifically that the porous capillary structure is polypropylene.
It is also noted that Sauter specifically states water transport is spontaneously carried out through capillary force and diffusion, [0011].
Applicant then argues to the compression force applied. There is no specific structure that performs this as per claim 1. As per claim 38, the structure includes a washer on a tie rod or bolt. As per Kotzeva this structure is disclosed, thus the use claim language is moot as per use of the apparatus, see MPEP 2114 I and II.
As to the argument of an electrosynthesis device, again, this is use of the system. Sauter teaches an electrolytic cell that is a water electrolyzer, this is an “electro-synthetic water electrolysis cell” as per its structure.
As to claim 2, Applicant argues that Sauter does not teach an external housing which provides an external liquid conduit.
This is not persuasive. Within Fig. 3, the cell is within the first sealing frame (5) to middle sealing frame (5) while the external water source is enclosed by the bottom sealing frame (5) and middle sealing frame (5). This define the medium supply section (4) which discloses the claimed structure.
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As to the arguments to claim 4, there is no structural embodiment to this claim. If the flow rate is related to the property of the material, claim the material.
As to claim 5, this is again arguments to use of the apparatus, and thus is moot.
As to claim 7, the structure of the layer (13) defines the porous capillary structure (see response to arguments to claim 1 above), thus this is disclosed as per Sauter.
As to claim 9, Applicant has stated that the layers (11/12) are a part of the porous capillary structure as per Sauter. The porous capillary structure of Sauter is the layer (13), thus the layered structure includes gas handling structure of the claimed invention.
In relation to claim 36, in response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Kotzeva discloses specific thickness of a wicking composition of the membrane material (i.e. capillary spacer) such that combination would provide a predictable result in effective facilitation of water supply.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W COHEN whose telephone number is (571)270-7961. The examiner can normally be reached M-F: 9 am to 5 pm EST.
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BRIAN W. COHEN
Primary Examiner
Art Unit 1759
/BRIAN W COHEN/ Primary Examiner, Art Unit 1759
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