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 .
Claim Objections
Claim 1 is objected to because of the following informalities: line 4 recites, in part, “frame that supports an the anode”. The word “an” should be deleted. Appropriate correction is required.
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 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Funakawa et al. (US Patent Application Publication no. 2015/0027878).
Regarding claim 1, Funakawa teaches a method for producing an electrolyzer by arranging an electrode for electrolysis in an existing electrolyzer (figure 4 shows assembly of an electrolysis tank) comprising an anode (11), a cathode (21) that is opposed to the anode (11), a membrane/partition wall (30) arranged between the anode (11) and the cathode (21 – shown in figures 1-2; paragraph 46); and
an electrolytic cell frame comprising an anode frame that supports the anode (11; paragraph 111) and a cathode frame that supports the cathode (21; paragraph 66), the electrolytic cell frame storing the anode (11), the cathode (21), and the membrane/partition wall (30) by integrating the anode frame and the cathode frame (as shown in figures 1-2; paragraphs 66, 111), the method comprising:
a releasing process of releasing the integration of the anode frame and the cathode frame to expose the membrane (figure 4 shows that during assembly of the cell, the electrolytic frame can be detached to expose a membrane - 2; paragraph 47);
an arranging process of arranging the electrode for electrolysis on at least one of surfaces of the membrane after the releasing process (paragraphs 47, 133-134), and
an integrating process of integrating the anode frame and the cathode frame after the arranging process to store the anode (11), the cathode (21), the membrane (2; 30), and the electrode for electrolysis into the electrolytic cell frame (as shown in figures 1-3; paragraph 47).
Regarding claim 3, Funakawa further teaches wherein, in the arranging process, the electrode for electrolysis is positioned such that a conducting surface on the membrane (2) is covered with the electrode (11, 21) for electrolysis (paragraph 47; figures 1-3).
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.
Claims 2, 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Funakawa as applied to claim 1 above, and further in view of Funakawa et al. (US Patent Application Publication no. 2020/0102662, referred to as Funakawa’662 hereinafter).
Regarding claim 2, Funakawa teaches all the features discussed above, but fails to disclose wherein, before the arranging process, the electrode for electrolysis and/or the membrane is moistened with an aqueous solution.
Funakawa’662 teaches a method for assembling an electrolyzer comprising an arranging step wherein, before the arranging step, the electrode for electrolysis and/or the membrane is moistened with an aqueous solution in order to form a laminate that exhibits excellent electrolytic performance (paragraphs 578, 2274-2276, 2630-2632).
It would have been obvious to one having ordinary skill in the art at the time of filing to add a step of moisten the electrode or membrane of Funakawa before the arranging process, as taught by Funakawa’662 in order to form a laminate that exhibits excellent electrolytic performance.
Regarding claim 4, Funakawa’662 further teaches wherein, in the arranging process, a wound body obtained by winding the electrode for electrolysis is used to improve the work efficiency during electrode renewing (paragraphs 14, 97-102).
Regarding claim 5, Funakawa’662wherein, in the arranging process, a wound state of the wound body is released on the membrane (paragraphs 99, 260, 1470).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZULMARIAM MENDEZ whose telephone number is (571)272-9805. The examiner can normally be reached M-F 8am-4:30p.
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/ZULMARIAM MENDEZ/Primary Examiner, Art Unit 1794
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