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 .
Response to Amendments
This is a final office action in response to applicant's arguments and remarks filed on 05/25/2026.
Status of Rejections
The rejections are claims 1-7 and 9-11 are obviated by the Applicant’s cancellations.
The double patenting rejection of the remaining claims is withdrawn in view of the Terminal Disclaimer filed on 05/25/2026.
The rejections of claims 12 and 13 have been adjusted to reflect the new dependency.
The rejection of claim 14 is modified due to the Applicant’s amendments.
The rejections of the remaining claims have been updated in response to the new amendments. No new art is cited.
Claims 8 and 12-16 are pending and under consideration for this Office Action.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 8 and 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Glass et al (US 20120261270 A1) in view of Burns (US 20150068919 A1), Sergi et al (US 20140021062 A1), and Galande et al (US 20150090607 A1).
Claim 8: Glass discloses a method for cathodically protecting and/or passivating a reinforcing steel metal section (see e.g. [0014] lines 1-2; [0016]: “The metal section may be steel reinforcement in concrete”) containing within an ionically conductive material which is concrete or mortar (see e.g. #13 on Fig 2; [0019]: “may suitably be located in a concrete”; [0044]: “The encapsulating material may, for example, be a mortar”), comprising
providing an anode (see e.g. #7 on Fig 1a) for communication of an electrical current to the reinforcing steel metal section in the concrete or mortar ionically conductive material (see e.g. [0052]),
a storage component of electrical energy with two poles for communicating electrical current generated by release of the electrical energy (see e.g. [0054] lines 1-2),
electrically connecting one pole to the reinforcing steel metal section (see e.g. [0050] lines 1-3),
electrically connecting the other pole to the anode (see e.g. [0054] lines 4-6), and
placing the anode in ionic contact with the concrete or mortar ionically conductive material (see e.g. #11 on Fig 2) such that the electrical current can flow from the storage component through the electrical connection to the reinforcing steel metal section (see e.g. [0052]) thus reducing a total amount of electrical energy (see e.g. [0018]),
wherein the storage component is connected as a single preassembled common unit with the anode (see e.g. [0029] lines 1-2).
Glass does not explicitly teach that replacement electrical energy is introduced into the storage component while in situ at least partially contained in the concrete or mortar ionically conductive material. Glass teaches “The protection of the metal section is using the sacrificial anode and power supply is preferably followed by disconnecting and removing the power supply. After the power supply has been removed, it is preferable to connect the sacrificial anode to the metal section so that a current flows between the sacrificial anode and the metal to continue protecting the metal section” (see e.g. [0016] of Glass). Glass also teaches that the power supply can be a battery or DC power supply (see e.g. [0064] of Glass). Burns teaches that batteries in cathodic protection systems can be charged using solar energy (see e.g. [0029] of Burns). It would have been obvious to a person having ordinary skill in the art at the time of filing to modify the method of Glass to include the replacement energy to the storage unit with a suitable rechargeable battery taught in Burns because this allows the power supply of Glass to be reused.
Glass does not explicitly teach that the storage component is subsequently re-charged by a recharging power supply.
Glass also teaches that the power supply can be a battery (see e.g. [0064] of Glass) and that “The protection of the metal section is using the sacrificial anode and power supply is preferably followed by disconnecting and removing the power supply” (see e.g. [0016] of Glass). Burns teaches that batteries in cathodic protection systems can be charged using solar energy. Sergi teaches a cathodic protection system (see e.g. abstract) wherein the replacement electrical energy is introduced by re-charging the storage component (see e.g. [0087] of Sergi). It would have been obvious to a person having ordinary skill in the art at the time of filing to modify the method Glass in view of Burns so that the replacement electrical energy is introduced by re-charging the storage component with a recharging power supply as taught in Sergi and Burns so that the battery does not have to be replaced.
Glass in view of Burns and Sergi does not explicitly teach that the recharging power supply is an integral unit with the storage component. Galande teaches a cathodic protection method (see e.g. abstract of Galande) wherein the recharging power supply is integral with the assembly (see e.g. ‘Energy harvesting device’ on Fig 7 of Galande). The integrated design of the protection apparatus allows for ease of use and application with little user intervention needed (see e.g. [0096]-[0098] of Galande). It would have been obvious to a person having ordinary skill in the art at the time of filing to modify the method Glass in view of Burns and Sergi so that the recharging power supply is an integral unit with the storage component as taught in Galande because the integration of the power source and storage component allows for ease of use and application with little user intervention needed. Furthermore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention that preassembled common unit would be at lest partially contained in the concrete or mortar ionically conductive material because the anode of Glass is contained in the concrete or mortar ionically conductive material.
Claim 12: Glass in view of Burns, Sergi, and Galande does not explicitly teach that the storage component is subsequently automatically repeatedly re-charged. Glass teaches that the power supply can be a battery or DC power supply (see e.g. [0064] of Glass). Burns teaches that batteries in cathodic protection systems can be charged using solar energy (see e.g. [0029] of Burns) and Sergi teaches a cathodic protection system (see e.g. abstract) wherein the replacement electrical energy is introduced by re-charging the storage component (see e.g. [0087] of Sergi). It would have been obvious to a person having ordinary skill in the art at the time of filing to modify the method Glass in view of Burns so that the replacement electrical energy is introduced by re-charging the storage component as taught in Sergi so that the battery does not have to be replaced. This re-charging process can be done automatically (see e.g. [0029] and [0036] of Burns).
Claim 13: Glass in view of Burns, Sergi, and Galande does not explicitly teach that the storage component is a capacitor. Glass discloses that the storage component can be a battery (see e.g. [0064] of Glass). Galande teaches a method for protecting metal from corrosion (see e.g. abstract of Galande) using a storage device to deliver current to the metal (see e.g. [0031] of Galande). Specially, Galande teaches “energy storage devices are selected from the group consisting of capacitors, supercapacitors, batteries, hybrids thereof, and combinations thereof” (see e.g. [0005] of Galande). KSR rationale E states that it is obvious to choose “from a finite number of identified, predictable solutions, with a reasonable expectation of success”. Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to modify the method of Glass in view of Borregaard so that the storage component is a capacitor as taught in Galande because Galande teaches that batteries and capacitors are suitable equivalents for storage components used to protect metal from corrosion.
Claim 14: Glass discloses a method for cathodically protecting and/or passivating a reinforcing steel metal section (see e.g. [0014] lines 1-2; [0016]: “The metal section may be steel reinforcement in concrete”) containing within an ionically conductive material which is concrete or mortar (see e.g. #13 on Fig 2; [0019]: “may suitably be located in a concrete”; [0044]: “The encapsulating material may, for example, be a mortar”), comprising
providing an anode (see e.g. #7 on Fig 1a of Glass) for communication of an electrical current to the reinforcing steel metal section in the concrete or mortar ionically conductive material (see e.g. [0052] of Glass),
a storage component of electrical energy with two poles for communicating electrical current generated by release of the electrical energy (see e.g. [0054] lines 1-2),
electrically connecting one pole to the reinforcing steel metal section (see e.g. [0050] lines 1-3),
electrically connecting the other pole to the anode (see e.g. [0054] lines 4-6), and
placing the anode in ionic contact with the concrete or mortar ionically conductive material (see e.g. #11 on Fig 2) such that the electrical current can flow from the storage component through the electrical connection to the reinforcing steel metal section (see e.g. [0052] thus reducing a total amount of electrical energy (see e.g. [0018] of Glass).
Glass does not explicitly teach that replacement electrical energy is introduced into the storage component while in situ at the concrete or mortar ionically conductive material of the strcutre. Glass teaches “The protection of the metal section is using the sacrificial anode and power supply is preferably followed by disconnecting and removing the power supply. After the power supply has been removed, it is preferable to connect the sacrificial anode to the metal section so that a current flows between the sacrificial anode and the metal to continue protecting the metal section” (see e.g. [0016] of Glass). Glass also teaches that the power supply can be a battery or DC power supply (see e.g. [0064] of Glass). Burns teaches that batteries in cathodic protection systems can be charged using solar energy (see e.g. [0029] of Burns). It would have been obvious to a person having ordinary skill in the art at the time of filing to modify the method of Glass to include the replacement energy to the storage unit with a suitable rechargeable battery taught in Burns because this allows the power supply of Glass to be reused.
Glass does not explicitly teach providing a recharging system attached to a structure at a position spaced from the anode to generate a replacement electrical energy
Glass also teaches that the power supply can be a battery (see e.g. [0064] of Glass) and that “The protection of the metal section is using the sacrificial anode and power supply is preferably followed by disconnecting and removing the power supply” (see e.g. [0016] of Glass). Burns teaches that batteries in cathodic protection systems can be charged using solar. Sergi teaches a cathodic protection system (see e.g. abstract) wherein the replacement electrical energy is introduced by re-charging the storage component (see e.g. [0087] of Sergi). It would have been obvious to a person having ordinary skill in the art at the time of filing to modify the method Glass in view of Burns so that the replacement electrical energy is introduced by re-charging the storage component with a recharging power supply as taught in Sergi and Burns so that the battery does not have to be replaced.
Glass does not explicitly teach that the recharging system is piezoelectric and responsive to movement of the structure. Sergi teaches the storage device can be a battery (see e.g. [0087] of Sergi). Galande teaches a method for protecting metal from corrosion (see e.g. abstract of Galande) using a charged power source attached to and deliveirng current to the metal (see e.g. [0031] and Fig 7 of Galande). Specifically, [0089] Galande teaches the following:
In some embodiments, the charged energy storage device (e.g., battery) keeps the surface in a state of constant negative potential, thereby protecting it from corrosion. In some embodiments, energy conversion storage devices (e.g., solar cells, thermoelectrics or piezoelectrics) can be used to recharge the energy storage device (e.g., battery). Therefore, in some embodiments, the methods of the present disclosure provide a combination of energy storage-conversion hybrid that can effectively provide round-the-clock corrosion protection without the need for external intervention.
Furthermore, the energy harvesting device of Galande is at a position spaced area from the anode (see e.g. Fig 7). KSR rationale E states that it is obvious to choose “from a finite number of identified, predictable solutions, with a reasonable expectation of success”. Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to modify the method of Glass in view of Burns and Sergi by using the piezoelectrics taught in Galande to recharge the battery because Galande teaches that these are suitable apparatus for recharging batteries in corrosion prevention systems. Since all piezoelectrics are responsive to movement/stress, the piezoelectrics of Glass in view of Burns, Sergi, and Galande would be responsive to the movement of the structure.
Claims 15: Glass does not explicitly teach that the storage component is subsequently automatically repeatedly re-charged. Glass teaches that the power supply can be a battery or DC power supply (see e.g. [0064] of Glass). Burns teaches that batteries in cathodic protection systems can be charged automatically (see e.g. [0029] and [0036] of Burns). It would have been obvious to a person having ordinary skill in the art at the time of filing to modify the method Glass in view of Burns so that the storage component is subsequently automatically repeatedly re-charged as taught in Burns so that the storage component can be maintained without user intervention.
Claims 16: Glass does not explicitly teach that the storage component is a capacitor. Glass discloses that the storage component can be a battery (see e.g. [0064] of Glass). Galande teaches a method for protecting metal from corrosion (see e.g. abstract of Galande) using a storage device to deliver current to the metal (see e.g. [0031] of Galande). Specially, Galande teaches “energy storage devices are selected from the group consisting of capacitors, supercapacitors, batteries, hybrids thereof, and combinations thereof” (see e.g. [0005] of Galande). KSR rationale E states that it is obvious to choose “from a finite number of identified, predictable solutions, with a reasonable expectation of success”. Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to modify the method of Glass in view of Borregaard so that the storage component is a capacitor as taught in Galande because Galande teaches that batteries and capacitors are suitable equivalents for storage components used to protect metal from corrosion.
Response to Arguments
Applicant's arguments filed 05/25/2026 have been fully considered but they are not persuasive.
On page(s) 6-7, the Applicant argues that Galande does not teach the limitation claiming that preassembled unit of the storage component and recharging power supply is located within the concrete or mortar ionically conductive material. This is not considered persuasive. The limitation requires that the common unit is “at least partially contained in the concrete or mortar ionically conductive material”. Therefore, the entirety of the common does not need to be contained in the material. As Glass teaches the anode is contained in the conductive material, the prior art combination would read on the limitation.
On page(s) 7-8, the Applicant argues that the none of the cited prior art teaches the limitation claiming the piezoelectric recharging system is attached the structure at a position spaced from the anode. This not considered persuasive. Fig 7 of Galande shows the system attached to the structure it is protecting. The Applicant argues that in Fig 7, the device cannot be responsive to movements away from the anode. However, device is not directly attached to the anode. Given the nature of piezoelectric devices, it would inherently be responsive to movements.
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 ALEXANDER W KEELING whose telephone number is (571)272-9961. The examiner can normally be reached 7:30 AM - 4:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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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/ALEXANDER W KEELING/Primary Examiner, Art Unit 1795
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