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.
Election/Restrictions
Applicant’s election without traverse of Groups I claims 1-9, 14, 15, and 20 in the reply filed on 6 March 2026 is acknowledged.
Claims 21-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6 March 2026.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Fig. 1 and 2 do not contain “100” as recited at [064] of the as filed specification.
Fig. 10 does not contain “80” as recited at [071] of the as filed specification.
Fig. 12 does not contain “351” as recited at [084] of the as filed specification.
Fig. 12 does not contain “802” as recited at [084] of the as filed specification.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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, 14, 15, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takanami et al (WO2020/753337 A1 with text citations drawn towards the translation provided EPO at espacenet).
As to claim 1, Takanami discloses an electrolysis cell apparatus (Title “vertical electrolytic device”) comprising:
an outer enclosure for containing an electrolyte solution (Fig. 1 #2 [0017] “electrolytic cell body”), the outer enclosure having a first end (Fig. 1 area near top of 2), a second end (Fig. 1 area near top of 2) and an intermediate enclosure section located between the first and second end (area in between top and bottom);
a plurality of electrolysis cell plates forming at least one electrolysis region in which electrolysis occurs, housed within the outer enclosure and at least partially immersed in an electrolyte solution (#3 electrode module with electrode plates 18 stacked [0020]); and
a cell plate enclosure disposed within the outer enclosure that at least partially encloses the plurality of electrolysis cell plates, wherein the cell plate enclosure is adapted to concentrate electrolyte ions in close proximity to the plurality of electrolysis cell plates in use (#4 “electrode support frame with plate portions 24/28 extending the length of the electrode plates).
As to claim 14, Takanami further discloses wherein the system further includes at least one electrical power source operatively connected to the at least one electrolysis region and adapted to alternate its electrical polarity ([0017] where the application of a current is inherent performing electrolysis which necessarily requires polarity in one direction, and whereby the opposite polarity may be applied via reversing the connection and thus any power source applying a polarity is adapted to alternate its polarity).
As to claim 15, the recitation of “wherein a compound is included within the electrolyte to promote the formation of a hydride on the electrolysis cell plates and/or electrolysis enclosures in use.” Further recites a composition of the “for containing an electrolyte solution” clause of instant claim 1. The “for” clause of claim 1 does not impart further structural differentiation of the enclosure to specifically require the specific electrolyte solution as part of the electrolysis cell apparatus. In other words, the instant claims require an apparatus requires a cell that has an outer enclosure but does not positively recite the inclusion of the electrolyte solution. Therefore, the recitation towards specific electrolyte solutions of instant claim 15 does not further advance structural differnation of the instant claims.
As to claim 20, Takanami further discloses electrolysis regions comprising a lower channel for accommodating an electrolytic fluid device to be housed along a lower region of the outer enclosure to an inlet (Fig. 1 #9 inflow port area).
Claims 1-3 and 5-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brown et al (US 2020/0106110 A1).
As to claim 1, Brown discloses an electrolysis cell apparatus (Title “electrochemical stack”) comprising:
an outer enclosure for containing an electrolyte solution (“housing” used throughout with the electrochemical stacks within the housing ([0015]), the outer enclosure having a first end (Fig. 7a area near top of 22), a second end (Fig. 7a area near bottom 30) and an intermediate enclosure section located between the first and second end (area in between top and bottom);
a plurality of electrolysis cell plates forming at least one electrolysis region in which electrolysis occurs, housed within the outer enclosure and at least partially immersed in an electrolyte solution ([0058] #s 150 with electrodes 153a/155a as shown in Fig. 1B); and
a cell plate enclosure disposed within the outer enclosure that at least partially encloses the plurality of electrolysis cell plates, wherein the cell plate enclosure is adapted to concentrate electrolyte ions in close proximity to the plurality of electrolysis cell plates in use (Fig. 2 #112).
As to claim 2, Brown further discloses wherein the plurality of electrolysis cell plates are divided into cell plate sections between the first end and the second end, the cell plate sections being electrically connected in series. ([0082] “First, stack voltages are high enough that they may be connected in a parallel or series-parallel electrical configuration.”).
As to claim 3, the recitation of the number of stacks in each section may be arbitrarily set because the specific areas of top, bottom, and intermediate are not explicitly defined. Therefore, the top 20 % of stacks have a particular number, the bottom 20% of stacks have the same number and the intermediate section of 60% of the stacks has more stacks than either the top of bottom.
As to claim 5, Brown further discloses wherein a longitudinal compressional force is applied to the plurality of electrolysis cell plates to provide a snug fit between conducting spacer elements and the plurality of electrolysis cell plates forming at least one electrolysis region. (Fig. 19a with compression plate assembly and conducting space elements 150 between cell plates).
As to claim 6, Brown further discloses wherein the plurality of electrolysis cell plates are shaped to define a uniform gap between the cell plate enclosure and outer edges of the electrolysis cell plates. ([0069]).
As to claim 7, Brown further discloses wherein each electrolysis region includes a pair of enclosure elements, providing an upper channel and a lower channel extending along the length of each electrolysis region. (Fig. 15C #s 531c)
As to claim 8, Brown further discloses further includes one or more electrolyte injection devices which include a plurality of openings adapted to inject an electrolytic fluid within the lower channels of each electrolysis region. (#s 535c Fig. 15b).
As to claim 9, Brown discloses wherein the one or more electrolyte injection devices is comprised of a dielectric material. (#914a/d “dielectric seal member” on the bottom end plates which form the injection device).
As to claim 15, the recitation of “wherein a compound is included within the electrolyte to promote the formation of a hydride on the electrolysis cell plates and/or electrolysis enclosures in use.” Further recites a composition of the “for containing an electrolyte solution” clause of instant claim 1. The “for” clause of claim 1 does not impart further structural differentiation of the enclosure to specifically require the specific electrolyte solution as part of the electrolysis cell apparatus. In other words, the instant claims require an apparatus requires a cell that has an outer enclosure but does not positively recite the inclusion of the electrolyte solution. Therefore, the recitation towards specific electrolyte solutions of instant claim 15 does not further advance structural differentiation of the instant 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
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