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 (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.
Specification
The specification and drawings have been reviewed and no clear informalities or objections have been noted.
Election/Restrictions
Applicant’s election of Group I in the reply filed on 2/6/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3-5, 8-9, 12, 14-15, 18 and 24-32 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In claim 1, Applicant claims “wherein the photoanode is a dual-functioning photoelectrode and a charge recombination blocking layer”. The originally filed disclosure does reasonably convey possession of a photoanode that itself functions as both the photoelectrode and the charge-recombination blocking layer. In paragraph 23 of the specification, Applicant refers to a charge recombination blocking layer (this is the only recitation of the blocking layer in the disclosure) by stating “which is achieved by using a dual-functioning photoelectrode AND a charge recombination blocking layer” (emphasis added). This recitation does not state that the photoanode functions as both the photoelectrode and the charge-recombination blocking layer but seems to disclose that the blocking layer is separate from the photoelectrode. This disclosure also does not identify the material or structure constituting the blocking layer, describe the location of the blocking layer, or explain how the photoanode performs a charge-recombination blocking function.
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.
Claims 1, 3-5, 8-9, 12, 14-15, 18 and 24-32 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.
In claim 1, Applicant claims that the “photoanode is a dual-functioning photoelectrode and a charge recombination blocking layer”. It is not clear if Applicant intends for the photoanode and the blocking layer are one structure or multiple structures. Applicant’s claim seems to state that they are a single structure, but the specification (in paragraph 23) appears to state that these structures are separate, as described in the rejection under 112(a) first paragraph, above. Clarification is required.
Relevant Prior Art
CN 106785243 A – Discloses a photo-rechargeable battery that comprises a TiO2 containing photoanode that is dye-sensitized but is silent regarding the crystal structure of the photoanode.
CN 110323070 A – Discloses a device containing the objective of the instant invention: combining photoelectric conversion and lithium storage into one TiO2-containing electrode while reducing the device to two electrodes. The main differences between this and the claimed invention is the lack of a dual functioning photoelectrode and blocking layer as well as a lithium-ion compound for a cathode (this reference teaches a metallic lithium).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the previous rejections are no longer present in the rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MATTHEW J MERKLING whose telephone number is (571)272-9813. The examiner can normally be reached Monday - Thursday 8am-6pm.
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/MATTHEW J MERKLING/ Primary Examiner, Art Unit 1725
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