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, “an anode frame that supports an the anode”. The word “an” should be deleted. Appropriate correction is required.
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 non-obviousness.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Funakawa et al. (US Patent Application Publication no. 2015/0027878) in view of Funakawa et al. (US Patent Application Publication no. 2020/0102662 – referred to as Funakawa’662 hereinafter).
Regarding claim 1, Funakawa teaches a method for producing an electrolyzer by arranging an electrode for electrolysis and a membrane 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); and
an integrating process of integrating the anode frame and the cathode frame 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).
Funakawa fails to teach a removing process (B2) of removing the membrane after the releasing process and arranging the electrode for electrolysis and a new membrane on the anode or cathode.
Funakawa’662 teaches a method for producing an electrolyzer comprising an anode frame that supports an anode (paragraph 63), a cathode frame that supports a cathode (paragraph 66), a laminate of a membrane arranged between the anode side and the cathode side (paragraph 68), the method comprising a step of releasing a fixing of the membrane in the electrolyzer frame and replacing the membrane and electrode for electrolysis in the existing electrolyzer (paragraphs 112, 117-118). By this method, it is possible to make transport and handling easier, as well as to markedly simplify work when a new electrolyzer is started or a degraded element is renewed which in turn, also maintains or improves the electrolytic performance (paragraph 125).
One having ordinary skill in the art at the time of filing would have found it obvious to add a step of removing the membrane and arranging a new one in the existing electrolyzer of Funakawa, as taught by Funakawa’662, in order to simplify work when a new electrolyzer is started or a degraded element is renewed which in turn, maintains or improves the electrolytic performance.
Regarding claim 2, Funakawa’662 further teaches wherein, in the removing process, the electrode for electrolysis is mounted on the anode or cathode, the new membrane is mounted on the electrode for electrolysis, and the new membrane is flattened/pressed (paragraphs 112, 116-130 – the membrane is fixed in the electrolyzer frame by pressing from the anode and the cathode).
Conclusion
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/ZULMARIAM MENDEZ/Primary Examiner, Art Unit 1794
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