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 .
Election/Restrictions
Applicant’s election without traverse of claims 1 - 4 in the reply filed on 01/23/2026 is acknowledged.
Claims 5 and 6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 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.
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 1-4 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 regards to claim 1, the phrase “an electrode film constituting at least one of the working electrode and the counter electrode has an active material, a conductive aid and a binder...” It is unclear what the electrode film comprises. Does “at least one of” apply to the active material, conductive aid, and binder?
For the sake of further examination, claim 1 is interpreted to mean An electrochemical cell comprising: a working electrode; and supplied from the counter electrode to the working electrode by applying a voltage between the working electrode and the counter electrode, so as to capture a target species, an electrode film constituting an active material, a conductive aid and a binder where at least a part of the active material is contained as an agglomerate with a maximum diameter of 10 µm in the electrode film and the electrode film is on at least one of the working electrode or the counter electrode.
Claims 2-4 are rejected as they depend from or otherwise incorporate the limitations of a rejected claim.
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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US20200343535A1 henceforth referred to as "Yang".
In regard to claim 1, Yang teaches a battery (electrochemical cell) in claim 19. Yang’s electrochemical cell comprises a positive electrode (working electrode) and a negative electrode (counter electrode). Yang’s working electrode as described in [0120] as being formed on a current collector, further described in the form of a film in [0133]. Yang’s electrode in [0120] further is composed of the active material layer which is made of a conductive material (conductive aid), a binder, and a ceria-carbon-sulfur composite. Yang’s active material’s ceria-carbon-sulfur composite contains agglomerates as described in [0160] and as demonstrated in figure 4 the agglomerates have diameters less than 10 µm. The claim limitation of “by applying a voltage between the working electrode and the counter electrode, so as to capture a target species” is an intended use and is not considered as further limiting the claim.
Regarding claim 2, Yang teaches the conductive material and the binder being bound to the active material by intermolecular forces in [0168] by dissolving them together and letting the solvent evaporate.
Regarding claim 3, Yang teaches silane-based binders in [0125].
Regarding claim 4, the claim requires the electrochemical cell of claim 1. Yang teaches an electrochemical cell as established above with regard to claim 1. In addition, the claimed limitation of a gas recovery system comprising the electrochemical cell of claim 1 is a functional limitation. Apparatus claims must be distinguished from the prior art in terms of structure rather than function. Functional limitations do not serve to further limit apparatus claims beyond imparting the limitation that the apparatus be capable of performing the functional limitations (MPEP 2114). The apparatus of Yang would be capable of driving gas production and recovery by using the electrodes to drive a gas-generating reaction such as electrolysis.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY SABATOSE whose telephone number is (571)272-9893. The examiner can normally be reached 7:30-5:30 M-Th.
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/A.C.S./Examiner, Art Unit 1791
/Nikki H. Dees/Supervisory Patent Examiner, Art Unit 1791
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