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 .
Election/Restrictions
Applicant's election with traverse of group I in the reply filed on 7/29/2026 is acknowledged. The traversal is not found persuasive because the International Searching Authority found that there was no inventive step between claim 1-4 and 16-19, therefore there is no unity of invention. See Written Opinion of the International Searching Authority Box No. V. Regarding the argument that there is substantial overlap that would not be burdensome and there are shared substantial features, the Examiner respectfully submits that search burdens are for restrictions made under § 111, not under unity of invention as with this restriction requirement.
The requirement is still deemed proper and is therefore made FINAL.
Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply.
Claim Objections
Claim 1 is objected to because of the following informalities. Appropriate correction is required.
1. There is an errant dash in “not-immersed.”
Claim Rejections - 35 U.S.C. § 112
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.
Claims 1-14 are rejected under 35 U.S.C. § 112(b) 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.
1. This claim describes how the moveable cathode has a first surface which is not immersed in the aqueous solution and the cleaning implement removes material from the first surface. This would mean the surface would be the long curved surface of the cathode where the copper deposits. However, this surface must be partially immersed in order for the copper to plate, contrary to what is claimed which states that this surface is not immersed at all. Due to this conflicting language, this claim is indefinite.
For examination purposes “a first surface which is not immersed” will be interpreted as partially immersed.
2-14. These claims are rejected for being dependent upon a rejected claim.
Claim Rejections - 35 U.S.C. § 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 of this title, 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.
Claims 1-6 and 8-14 are rejected under 35 U.S.C. § 103 as being unpatentable over Yang, U.S. Patent No. 10,514,242 B1 in view of Pretorius et al., W.O. Int’l Pub. No. 2017/191605 A1 [hereinafter Pretorius].
The body of the claim is generally written with parentheses following the limitations indicating the prior art’s teachings and/or examiner notes.
1. The following references render this claim obvious.
I. Yang
An apparatus for electrochemical ammunition disposal and material recovery (apparatus for electrochemical ammunition disposal and material recovery; Yang title, abstract, figs. 2-4), the apparatus comprising:
a vessel (acid bath 300; Yang col. 9 l. 36 – col. 10 l. 25, figs. 2-4) for holding an acidic aqueous solution (acidic aqueous solution 310; id.);
an anode at least partially immersed in the acidic aqueous solution (anode 220 at least partially immersed; id.);
physically separated from the anode, a … cathode (cathode 250; id.) …; and
a power supply for applying a voltage between the anode and the cathode (power supply 500; id.).
II. Movable Cathode - Pretorius
Yang is silent on a movable cathode at least partially immersed in the aqueous solution, wherein the movable cathode in a first position has a first surface which is not immersed in the aqueous solution; and a cleaning implement to remove material on the first surface of the cathode.
However, Pretorius teaches an apparatus comprising a movable cathode at least partially immersed in the aqueous solution (partially immersed cylindrical cathode 40 rotated by an electric motor; Pretorius p. 8 l. 30 – p. 9 l. 6, figs. 1-2 & 4-5), wherein the movable cathode in a first position has a first surface which is not immersed in the aqueous solution; and a cleaning implement to remove material on the first surface of the cathode (scraper 60 and the portion of the cathode 40 which it scrapes off the copper while the cathode 40 rotates would be above the electrolyte level since they are at the bottom of the opening to the tank 22; Pretorius p. 8 l. 30 – p. 9 l. 24, figs. 1-2 & 4-5). Pretorius further teaches the apparatus comprises a solids-capture tank 68 to catch copper removed by the scraper 60 which is made of a polymer such as PVC. Id.
Pretorius teaches that it would be beneficial to ameliorate a batch/semi-batch process which loses operation time and manual handling by the operating staff which consumes time and increases the risk of injury. Pretorius p. 2 ll. 5-14.
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s apparatus with Pretorius’s apparatus comprising at least a rotating cathode, insulating cleaning implement, collection container, and motor in order to ameliorate a batch/semi-batch process which loses operation time and manual handling by the operating staff which consumes time and increases the risk of injury.
2. The apparatus of claim 1 wherein the cleaning implement is a cleaning edge that is placed against the first surface, such that, by relative movement of the cathode against the cleaning edge, material on the surface can be removed from the cathode (rejected for similar reasons stated in the claim 1 rejection).
3. The apparatus of claim 2 wherein the cathode is cylindrical and is moveable against the cleaning edge by rotation (rejected for similar reasons stated in the claim 1 rejection).
4. The apparatus of claim 2 wherein the cleaning edge is positioned such that material removed from the cathode surface can be collected in a collection container and is prevented from re-entering the vessel (rejected for similar reasons stated in the claim 1 rejection).
5. The apparatus of any of claim 2 wherein the cleaning edge is electrically insulating (the scraper 60 which is made of a polymer such as PVC, which a person having ordinary skill would understand to be electrically insulating). Pretorius p. 8 l. 30 – p. 9 l. 24, figs. 1-2 & 4-5.
6. The apparatus of claim 1 having a hollow, solution permeable container wherein the anode is located within the hollow, solution permeable container (anode 220 within solution-premeable container 200). Yang col. 9 ll. 55-59, fig. 4.
8. The apparatus of claim 6 wherein the hollow, solution permeable container comprises an electrically insulating, porous shell (solution permeable container 200 comprises solution permeable outer layer 2010 of electrically insulating material). Yang col. 9 ll. 55-59, fig. 3.
9. The apparatus of claim 6 wherein the hollow, solution permeable container has a first end and a second end and a perimeter surface extending from the first end to the second end and the hollow-solution permeable container is mounted with the first end and second end horizontal to each other and to enable rotation of the container to provide agitation of contents of the container (so configured). Yang figs. 2-3.
10. The apparatus of claim 9 further comprising a motor to rotate the hollow- solution permeable container (motor rotates container). Yang col. 10 ll. 1-25, fig. 2.
11. The apparatus of claim 1 wherein the anode comprises ammunition to be disposed (assorted cartridges in container). Yang col. 9 ll. 60-67, fig. 2.
12. The apparatus of claim 1 comprising an agitator to agitate ammunition to be disposed in the acidic aqueous solution (agitator 400). Yang col. 9 ll. 36-47, fig. 2.
13. The apparatus of claim 1 comprising a motor to rotate the cathode (rejected for similar reasons stated in the claim 1 rejection).
14. The apparatus of claim 1 comprising a drain for the vessel. Yang Is silent on this.
However, Pretorius teaches a spent electrolyte outlet 32. Pretorius p. 8 ll. 21-29, figs. 2-3. A person having ordinary skill in the art would have recognized this to empty electrolyte.
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s apparatus with Pretorius’s outlet in order to empty electrolyte.
Claim 7 is rejected under 35 U.S.C. § 103 as being unpatentable over Yang in view of Pretorius as applied to claim 6 previously, and further in view of Moskovchenko et al., U.S. Patent App. Pub. No. 2017/0101699 A1 [hereinafter Moskovchenko] and Cox, U.S. Patent No. 5,282,934.
7. The apparatus of claim 6 wherein the anode is a piece of conductive metal electrically connected to a power source by a coated wire dangling into the hollow, solution permeable container the coated wire being physically and electrically connected to the anode. Yang is silent on this.
However, power must be supplied to the anode somehow.
Moskovchenko teaches anode leads inside a rotating container where the leads make materials they contact to become anodes, that is, they supply the power to the anodes. Moskovchenko [0071], fig. 7.
Cox teaches an apparatus comprising lead 118 which comprises an insulated wire which then electrically connects. Cox col. 9 ll. 1-20, col. 10 ll. 15-33, figs. 6 & 9. A person having ordinary skill in the art would have recognized that the insulation prevents the current from going to unwanted places.
Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s apparatus by taking Cox’s insulated wire to prevent current from going to unwanted places and then placing Cox’s insulated wire within the permeable container and make contact with the anodes as taught by Moskovchenko in order to power the anodes.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hosung Chung whose telephone number is (571) 270-7578. The examiner can normally be reached Monday-Wednesday, 9 AM - 6 PM CT.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lin can be reached on (571) 272-8902. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/HOSUNG CHUNG/Primary Examiner, Art Unit 1794
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