DETAILED ACTION
Status of Claims
Claims 1-4 are pending.
Claim 4 is withdrawn from consideration.
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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-3 in the reply filed on 2 July 2026 is acknowledged. Claim 4 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Richaado et al. (JP S63-230893).
Regarding claim 1, Richaado discloses a water (page 14, line 16) electrolysis stack comprising a plurality of water electrolysis cells stacked on each other (Figure 3) (= a water electrolysis cell stack comprising a plurality of water electrolysis cells stacked on each other), wherein
The water electrolysis stacks are located adjacent to each other (Figure 3) (= the water electrolysis cells are located adjacent to each other);
The cell includes covers 22, 24 (page 4 lines 3-12) (= the water electrolysis cell includes an anode separator and a cathode separator);
Each of the covers has grooves (Figures 1 and 3) (= each of the anode separator and the cathode separator has, on front and back of the separator, grooves serving as channels);
A polymer material having a plurality of shoulder ribs with planar member (12) (page 6 entirely) (page 3 line 12-15) (= a resin is located in at least part of clearance between the adjacent water electrolysis cells in a region where the grooves are located).
Regarding claim 2, the filling of the material (12) of Richaado is depicted as satisfying filling of 30% or more (Figure 1).
Regarding claim 3, Richaado discloses polyethylene, polypropylene, etc. (page 6 lines 1-6).
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morris et al. (US 4,581,114).
Regarding claim 1, Morris discloses a water electrolysis stack comprising a plurality of water electrolysis cells stacked on each other (Col. 6 lines 62-64, Col. 7 lines 62-63) (= a water electrolysis cell stack comprising a plurality of water electrolysis cells stacked on each other), wherein
The water electrolysis cells (10) are located adjacent to each other (Figure 2) (Col. 15 lines 21-33) (= the water electrolysis cells are located adjacent to each other);
The cell (10) includes an anolyte side liner (26) and a catholyte side liner (48) (Col. 21 lines 22-61, Col. 24 lines 53-56, Figure 2) (= the water electrolysis cell includes an anode separator and a cathode separator);
Each of the separators has compartments (e.g. 22, 24) as channels (Figure 2) (= each of the anode separator and the cathode separator has, on front and back of the separator, grooves serving as channels); and
Combination of plastic and metal liners (Col. 14 lines 6-13) (= a resin is located in at least part of clearance between the adjacent water electrolysis cells in a region where the grooves are located).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morris et al. (US 4,581,114).
Regarding claim 2, the instant claims (claims 1-2) do not particular limit the spacing, size, etc. of the clearance. Further, the claimed region where the grooves are located is not particularly dimensionally limiting. Thus the claimed range of 30 % is broadly interpreted in regards to its position and/or sizing. Since Morris discloses the liners formed in part of plastic, one of ordinary skill in the art would expect the filling of the clearance or groove to be 30 % or more since the plastic line follows the groove shape (Figure 2).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morris et al. (US 4,581,114) in view of Richaado et al. (JP S63-230893).
Regarding claim 3, Morris discloses the liner comprising plastic. Morris is silent in regards to the composition of the plastic therefore in order to produce the invention of Morris, one of ordinary skill in the art would look to the related art and arrive at a reference such as Richaado. Richaado discloses an electrochemical treatment device comprising covers (22, 24, e.g. liners) having a grooved shape within the cell (page 4 lines 3-12, page 7 lines 10-14). Richaado discloses that the covers may be formed of polymer materials such as polyethylene, polypropylene, etc. (page 6 lines 1-6). Before the effective filing date of the claimed invention, it would have been obvious to produce the invention of Morris with a plastic material such as polyethylene or polypropylene since it is known that these plastic or polymer materials are usable within an electrochemical treatment system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 4,767,519 – Figure 2
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEFANIE S WITTENBERG whose telephone number is (571)270-7594. The examiner can normally be reached Monday - Friday, 7:00 am -4:00 pm EST.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Stefanie S Wittenberg/Primary Examiner, Art Unit 1795
Prosecution Insights