DETAILED ACTION
Election/Restrictions
1. Claims 9-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/26/26.
Applicant’s election without traverse of claims 1-8 in the reply filed on 5/26/26 is acknowledged.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6 and 8 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by US Pub. No. 2021/0292926 to Ono et al., (hereinafter referred to as “ONO”).
Regarding claim 1, ONO teaches a carbon dioxide electrolytic device (see generally ONO at Abstract and Fig. 1 depicting an electrolytic device capable of use with CO2), comprising:
an electrolysis cell (see ONO at Fig. 1 depicting electrolysis cell 2) including a cathode configured to reduce carbon dioxide to produce a carbon compound (see ONO at Fig. 1 depicting cathode 21; see also ONO at ¶27 teaching the electrode configured so as to provide for the capability as claimed), an anode configured to oxidize water or hydroxide ion to produce oxygen and having a base containing titanium (see ONO at Fig. 1 depicting anode 11; see also ONO at ¶25 teaching the electrode configured so as to provide for the capability as claimed; see also ONO at ¶26 teaching the anode having a base made of titanium as claimed), a cathode flow path configured to supply carbon dioxide to the cathode (see ONO at Fig. 1 depicting cathode flow path 22; see also ONO at ¶28 teaching the flow path configured to supply an incoming gas to the cathode as claimed), an anode flow path configured to supply an electrolytic solution containing water to the anode (see ONO at Fig. 1 depicting anode flow path 12; see also ONO at ¶32-¶33 teaching the flow path configured to supply an electrolytic solution to the anode as claimed), and a separator configured to separate the anode and the cathode (see ONO at Fig. 1 depicting separator 30 configured so as to separate the anode and cathode as claimed);
a gas supply unit configured to supply carbon dioxide to the cathode flow path (see ONO at Fig. 1 depicting gas supply system 200; see also ONO at ¶21 and ¶34 teaching the gas supply system configured so as to be capable of supplying CO2 to the cathode flow path 22);
at least one of a humidifier configured to humidify carbon dioxide supplied to the cathode flow path by using a humification water, and a liquid pouring part configured to add the humidification water to the carbon dioxide (see ONO at Fig. 1 depicting refresh material supply system 600, which can act as a humidifier, which is configured to provide water, i.e. H2O, to the gas, i.e. CO2 being provided; see also ONO at ¶36 and ¶60 teaching embodiments in which water vapor is the rinse solution and so can be considered configured to provide water to the flow channel configured to pass the gas to be treated); and
an electrolytic solution supply unit configured to supply the electrolytic solution to the anode flow path as claimed (see ONO at Fig. 1 depicting anode solution supply system 100; see also ONO at ¶33 teaching the anode solution supply system 100 acting to circulate the anode solution, i.e. electrolytic solution, and which would be configured so as to be capable of provide an electrolytic solution or water containing an oxidant and/or the mixture of gases as set forth).
It is further noted that as to the limitations directed towards the presence of an oxidant in at least one of the electrolytic solution or the humidification water and/or the CO2 gas supplied to the cathode flow path containing at least one of NO2, NO, and O3, are all directed towards the material being worked upon and so does not impart any additional structure to the claimed electrolytic device (see MPEP §2115).
Regarding claims 2-5, ONO teaches the device configured, i.e. having the structural components necessary to be able to act as claimed for the compositions listed, to be able to provide the electrolytic solution and/or the humidification water as claimed; and/or, alternatively, the mixed gases as set forth. Furthermore, since the limitations of claims 2-5 are directed towards a further narrowing of the electrolyte solution, humidification water, and/or gas to be supplied to the cathode, these limitations are directed towards the material being treated and so are not viewed by the examiner as imparting any further structure beyond piping, pumps, and valves that could transmit the fluids as set forth.
Regarding claim 6, ONO teaches the device in which the electrolytic solution could be having a pH as claimed (see ONO at ¶32 teaching the anode solution being an electrolytic solution including an alkaline solution, i.e. pH greater than 7, such that the pumps, valves, and piping is configured to transmit solutions as claimed).
Regarding claim 8, ONO teaches the device wherein the separator includes a porous membrane (see ONO at ¶31 teaching various types of materials that could be used as the separator including porous polymeric membranes).
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record fails to teach the electrolytic device having a measurement part, i.e. a sensor or detector, configured to measure an oxidant concentration as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Pub. No. 2020/0087805 to Ono et al., teaching a carbon dioxide electrolytic device
US Pub. No. 2018/0265440 to Kudo et al., teaching a carbon dioxide electrolytic device
US Pub. No. 2018/0274109 to Kudo et al., teaching a carbon dioxide electrolytic device and carbon dioxide electrolytic method
US Pub. No. 2020/0002827 Motoshige et al., teaching an oxidation electrode and electrochemical reaction device using the same
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bryan D. Ripa whose telephone number is (571)270-7875. The examiner can normally be reached Mon-Fri 8:00AM-4:00PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lin can be reached at (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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/BRYAN D. RIPA/Primary Patent Examiner, Art Unit 1794
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