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 .
Status of Amendment
The amendment filed on 9 April 2026 fails to place the application in condition for allowance.
Claims 1-3 and 7-9 are currently pending and under examination.
Status of Rejections
The rejection of claims 1, 2, and 8 under 35 U.S.C. 102(a)(1) over Quy are herein maintained.
The rejection of claim 9 under 35 U.S.C. 103(a) under Quy, in view of Yamamoto, is herein maintained.
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 –
Claims 1, 2, 4-6, and 8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Quy et al (US 2022/0061172 A1).
As to claim 1, Quy discloses a gas generator comprising:
a decomposition unit that reacts with at least a portion of a supply liquid to generate at least one of hydrogen gas or oxygen gas (Fig. 3 #24 electrolyzer [0018] “Water electrolyzer 24 splits the condensed water into hydrogen and oxygen gases,…”); and
a supply unit that collects moisture in atmosphere and supplies the collected moisture to the decomposition unit as the supply liquid (Fig. 3 #20 “thermoelectric cooler” [0018] “hermoelectric cooler 20 is configured to draw heat from water electrolyzer 24 and through conductive member 22 to cool water electrolyzer 24 to a temperature below that of the ambient air of the enclosure and any other surface in the enclosure. The reduced temperature of water electrolyzer 24 will cause water to preferentially condense on water electrolyzer 24.”)
wherein the decomposition unit comprises a pair of electrodes to be an anode and a cathode (#s 30/34 [0022] “First printed circuit board 30 serves as a negative electrode for the operation of water electrolyzer 24. Second printed circuit board 34 serves as a positive electrode for operation of water electrolyzer 24”), and generates the hydrogen gas and the oxygen gas by electrolyzing the at least the portion of the supply liquid ([0018] “Water electrolyzer 24 splits the condensed water into hydrogen and oxygen gases,”)
wherein the pair of electrodes each have a plate shape with a thickness, and are disposed in such a manner that the ion exchange membrane is sandwiched between the pair of electrodes in a thickness direction of the pair of electrodes (See Fig. 3 electrodes 30 and 34 on each side of 32 via metal layers 42 and 46)
one electrode of the pair of electrodes has a groove on a facing surface which faces another electrode of the pair of electrodes and the groove has a longitudinal direction parallel to the facing surface ( see annotation below).
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As to claim 2, Quy further discloses wherein the supply unit comprises a Peltier device, and condenses and collects the moisture in the atmosphere by cooling with the Peltier device. ([0023]).
As to claim 8, Quy further discloses wherein another electrode is an electrode having one or a plurality of openings penetrating the another electrode in a thickness direction (See Fig. 3 # 50 openings [0031] extending through layer 46).
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.
Claims 3 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Quy in view of Yamamoto et al.
As to claims 3 and 7, Quy fails to explicitly disclose wherein the supply unit comprises a water adsorbent, and adsorbs and collects the moisture in the atmosphere with the water adsorbent (instant claim 3) and wherein the pair of electrodes are separated from each other in such a manner that the supply liquid is sandwiched between the pair of electrodes (instant claim 7).
Yamamoto discloses a water electrolyzer which absorbs humidity form the atmosphere comprising a decomposition unit that reacts with at least a portion of a supply liquid to generate at least one of hydrogen gas or oxygen gas (Fig. 1 #2 Abstract “provided with an electrolysis tank 2 having at least one pair of negative electrode 4 and positive electrode 5 which are arranged opposed to each other”);
a supply unit that collects moisture in atmosphere and supplies the collected moisture to the decomposition unit as the supply liquid (Fig. 1 #30 Abstract “a condensation part 30 for condensing water content in atmosphere, so that the condensed water can be electrolyzed in the electrolysis tank 2).wherein the supply unit comprises a water adsorbent, and adsorbs and collects the moisture in the atmosphere with the water adsorbent (#13 adsorbent [0054]). the pair of electrodes are separated from each other in such a manner that the supply liquid is sandwiched between the pair of electrodes (See Fig. 1 and 4-8 supply lines #11 as required by instant claim 1)
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have used a water absorbent and separate the electrodes such that the supply liquid is sandwiched between the pair of electrodes as taught by Yamamoto with the apparatus of Quy because it allows for absorbing moisture from the atmosphere effectively ([0053],[0058]) and Yamamoto) and where the ability to supply water directly between the pair of electrodes allows it prevent problems that water is not supplied or guided to the electrolytic cell and shorted the time water takes to reach the cell from a condensing unit (Yamamoto [0034]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Quy et al in view of Yamauchi et al (US 2020/0048781 A1).
As to claim 9, Quy fails to explicitly disclose a switching unit that switches a direction of a current applied to the pair of electrodes to interchange the anode and the cathode.
Yamauchi discloses a water electrolyzer (Abstract [0076]) comprising a switching unit that switches a direction of a current applied to the pair of electrodes to interchange the anode and the cathode ([0076] polarity switching unit).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have used a switching unit in a water electrolyzer as taught by Yamauchi with the water electrolyzer in Quy in order to prevent the attachment of scale to the electrodes during electrolysis (Yamauchi [0076]).
Response to Arguments
Applicant's arguments filed 9 April 2026 have been fully considered but they are not persuasive.
Applicant’s arguments are drawn towards the newly added claim limitations with respect to the openings as claimed with respect to Quy. Applicant argues the openings or vias in Quy are structurally different than the claimed “grooved formed on a surface”. This argument is not persuasive in light of the broadest reasonable interpretation of a groove. It appears Applicant intended the direction of a groove is parallel to a particular surface and thus opening of Quy do not read on such grooves. This argument is not persuasive because all openings inherently have a longitudinal direction as such. The recitation does not require one direction to be longer than a next, just that is has a longitudinal direction. Furthermore, Quy discloses channels 58a/b which extend longitudinally.
No further arguments are presented.
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 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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