DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 Amendment/Arguments
2. Applicant’s amendment filed 30 July 2026 has been entered into the record. The applicant’s amendment to Claim 1 has not added any new matter and is considered fully responsive. Claim 1 is the only pending claim under examination.
3. Applicant’s arguments with respect to Claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. New grounds of the rejection of Claim 1 as being obvious over the combination of Oloman et al. in view of Kurashina et al. is explained in detail below.
Claim Rejections - 35 USC § 103
4. 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.
5. 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.
6. Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Olomon et al. in view of Kurashina et al.
Olomon et al. (US Pub. No. 2016/0201207 A1) is directed toward an apparatus and method for feeding a multi-phase mixture of reactants to an electrochemical reactor (title). Kurashina et al. (US Pub. No. 2011/0180416 A1) is directed toward a method for operating water electrolysis system (title).
Regarding Claim 1, Oloman et al. teaches a single or multi-cell electrochemical reactor configuration for electrochemical synthesis (¶2, 11-12, and 36). While all Oloman et al. specifically describes use for electrochemical synthesis, the basic apparatus is applicable for use as a plating apparatus or film forming device when the electrolyte is a plating solution and the substrate is the cathode. The apparatus of Oloman et al. comprises the following limitations of Claim 1 described in detail below.
an anode and cathode (i.e.: reactors may consist of single electrochemical cells each with an anode and complimentary cathode in ¶2 and FIG. 1 discussed in ¶24 and ¶49 made of materials such as Pt) and an electrolyte membrane (i.e.: “selective membrane” or “porous diaphragm” in ¶4 and ¶10 consisting of an ionically-conductive ion-selective membrane or porous diaphragm that divides each electrochemical cell into anode and cathode compartments). When applied in a film forming device, the cathode is the deposition substrate.
an accommodation housing provided with an accommodation chamber that accommodates the plating solution containing metal ions between the anode and the electrolyte membrane (i.e.: an enclosure reactor body or anode/cathode cell compartments containing liquid-phase reactants mixed with solutions carrying dissolved metal ions in high valence states such as Fe3+, V4+, or Cr6+ in ¶4 and ¶39 and FIG. 1. The aforementioned cations are capable of being electrodeposited onto a substrate cathodically to form a film.
a power supply device that applies a voltage between the anode and the substrate (e.g.: single cells may be sized and stacked electrically in series to obtain a desired DC voltage and output as discussed in ¶4 or a further escription of electrical contacts in ¶57-61).
pressurizing device that pressurizes the plating solution accommodated in the accommodation chamber as ¶14 in Oloman et al. describes an embodiment for operating electrochemical reactor that includes a dispersal device for dispersing a liquid reactant. Said dispersal device forms a spray or mist or liquid emulsion, which are fed into the reaction zone of the reactor. This action results in the formation of a high-velocity fluid dispersion that enters the reaction chamber or “accommodation chamber.”
wherein the electrolyte membrane is attached so as to cover a first opening of the accommodation housing, the first opening of the accommodation housing being on a cathode side of the accommodation housing facing the cathode, the first opening of the accommodation housing communicating with the accommodation chamber as Olomon et al. requires the ionically-conductive separator membrane (i.e.: electrolyte membrane) acts as a full physical barrier that completely isolates the electrolyte or other fluids in the reaction (i.e.: anode/cathode) chambers from each other (FIG. 1, ¶49 and ¶56). FIG. 1 of Oloman et al. depicts the effective segregation of adjacent chambers (i.e.: anode and cathode) allowing cross-membrane ionic transfer (i.e.: “communication”) which requires that the electrolyte membrane is positioned flatly across the entire front face or opening of the housing that directly faces the cathode.
wherein the film formation device forms the metal film on a surface of the substrate by reducing the metal ion impregnated in the electrolyte membrane by applying the voltage while pressing the surface of the substrate with the electrolyte membrane as evidenced by ¶7 and ¶49 of Oloman et al. which teaches optimizing reaction performance metrics by establishing intimate physical contact between the reaction fluids, separators, and solid electrode surfaces. Furthermore, Oloman et al. structurally achieves this optimization by assembling the cell with a highly flexible components tightly wound around a central mandrel forming a dense compressed coiled spool which results in a continuous, compressive mechanical pressure across the internal membrane and electrode faces to eliminate the fluid gap (¶15, ¶20, ¶51-54, ¶57-61, and ¶64). The pressure is reduced by the application of voltage as the ions of the electrolyte electrophoretically migrate through the membrane electrolyte during the electrochemical reaction.
wherein the film formation device further includes a diaphragm that is attached so as to cover a first surface of the anode, the first surface of the anode facing the cathode, and to contact the first surface of the anode on the cathode side as evidenced by Oloman et al. where it indicates that the electrochemical cell includes a separator consisting of either an ion-selective membrane or a porous diaphragm (¶10, ¶49-54, ¶57, ¶61, and ¶64).
wherein the diaphragm is a membrane that is permeable to water and a hydrogen ion, and impermeable to oxygen gas as Oloman et al. may use an ion-selective proton-exchange membrane as the electrolyte membrane/separator (¶49). An example of a PEM material is Nafion (i.e.: perfluorosulfonic acid) which is highly permeable to water and migrating H+-ions allowing the continuous flow of current while preventing the crossing over of oxygen gas (¶49 particularly discusses the prevention of gas cross-over).
wherein the anode is attached so as to close a second opening of the accommodation housing, the second opening of the accommodation housing being on an opposite side of the accommodation housing opposite to the cathode side, in such a manner that the first surface of the anode on the cathode side is exposed to the accommodation chamber via the diaphragm, and a second surface of the anode, the second surface of the anode being opposite to the first surface of the anode, on a side opposite to the cathode side is exposed to an outside of the accommodation housing, the second opening of the accommodation housing communicating with the accommodation chamber as supported by Oloman et al. Oloman et al. explicitly discloses cell boundaries that the interior active face of the electrode plate is exposed to the internal fluid distributor (¶25-26, ¶34, ¶50-54, and ¶57) while its outer back surface directly contacts the solid outer conductive current collectors or terminal electrodes (¶34, ¶52-54, ¶57, ¶60, and ¶61). The arrangement is the standard approach to using an electrode body plate to close off the rear opening of a fluid chamber, thus leaving the outer face/boundary accessible to electrode or current collecting elements.
While Oloman et al. discloses the use of an insoluble anode, it is silent on the anode having a porous body. Moreover, Oloman et al. on the use of vacuum or pressure reduction housing, and an active pressure reducing device to pull the diaphragm into closer contact with the anode. However, Kurashina et al. explicitly discloses an electrochemical unit cell stack configured to manage fluid flow and gas evacuation under controlled differential pressure boundaries, so it is analogous art to Oloman et al.
Kurashina et al. discloses an assembly comprising an anode, a cathode, and PEM (abstract) and further teaches the remaining limitations of Claim 1 as described below:
wherein the anode is made of a porous body insoluble in the plating solution by the use of anode side power feeder 50 positioned directly on the surface of the electrolyte membrane (¶25) and the specific electrode component is comprised of a sintered body (i.e.: porous electrically conductive material) of spherical atomized titanium powder (¶27). This results in a dimensionally stable, chemically inert structure that remains unaffected by electrochemistry of the electrolyte (i.e.: “insoluble”).
wherein the film formation device further includes a pressure reduction housing covering the second opening of the accommodation housing, the pressure reduction housing forming a pressure reduction chamber with the accommodating housing, wherein the film formation device further includes a pressure reducing device configured to reduce a pressure within the pressure reduction chamber, and wherein reducing the pressure within the pressure reduction chamber causes the diaphragm to come into closer contact with the anode as supported by the active assembly of Kurashina et al. which operates as “differential pressure-type” system to manage internal layer alignment (i.e.: stacking of the anode, cathode, and diaphragm) in ¶10 and ¶44. Kurashina et al. further discloses that a pressure drop is established across the porous anode matrix such that the opposing cathode channel pressure “is set to be higher than the pressure of the anode side” (¶10) and that “hydrogen is maintained at a higher pressure than that in the water/electrolyte supply (¶40). This arrangement will inherently force the fluid bearing anode chamber into a state of relative “reduced pressure.” The resultant relative pressure drop across the porous power feeder 50 (¶43) acts directly through the porous anode to pull, conform, and draw the adjacent flexible “solid polymer electrolyte membrane 48” flush and “into closer contact” with the face of the anode (¶6, ¶25, and ¶44).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the electrochemical reactor housing layout of Oloman et al. to incorporate the porous power feeders (i.e.: electrodes) and differential pressure reduction principles taught by Kurashina et al. Furthermore, Oloman et al. establishes the electrical performance depends critically on controlling internal fluid dynamics and establishing intimate physical contact between the reaction fluids separators and solid electrolyte surfaces (¶49). The skilled artisan seeking to optimize his boundary interface would be motivated to adapt Kurashina's explicit method of creating a relative pressure drop across a porous electrode body of Kurashina et al. (¶10, ¶44) which would predictably draw a flexible electrolyte membrane cleanly and evenly against an electrode face ensuring uniform contact. Oloman et al. describes the handling of multi-phase mixtures and gas/liquid sprays where gas can accumulate on the surface of the electrode disrupting current density uniformity which is solved by Kurashina et al. In particular, Kurashina et al. teaches that manipulation of the localized pressure environments across porous materials (i.e.: electrodes and membranes) effectively sweeps out trapped gas from the reactor components ensuring optimized electrolyte flow and improved uniformity of current flow (¶12, ¶45, and ¶55).
Conclusion
6. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN SYLVESTER whose telephone number is (703)756-5536. The examiner can normally be reached Mon - Fri 8:15 AM to 4:30 PM EST.
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/KEVIN SYLVESTER/Examiner, Art Unit 1794
/CIEL P CONTRERAS/Primary Examiner, Art Unit 1794
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