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 .
Claims 1-20 are pending.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “100” in Fig. 1, “200” in Fig. 2, “300” and “370” in Fig. 3.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it is formed of less than 50 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 recites the limitation "the anolyte circulation loop" in line 2. There is insufficient antecedent basis for this limitation in the claim. There is no previous mention of an “anolyte circulation loop” in the dependency of this claim. For examination purposes, claim 15 has been interpreted to be dependent on claim 14.
Claim 16 recites the limitation "the anolyte circulation loop" in line 1. There is insufficient antecedent basis for this limitation in the claim. There is no previous mention of an “anolyte circulation loop” in the dependency of this claim. For examination purposes, claim 16 has been interpreted to be dependent on claim 14.
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.
Claims 1-4, 6-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Menth et al. (U.S. Patent No. 4,416,747); claim 10 evidenced by CWT (“Dissolved Oxygen Fact Sheet”, SWRCB, 2004).
Regarding claim 1, Menth discloses a method of using an electrochemical cell (see e.g. Col. 1, lines 6-7 and 62-63, process for producing ozone using electrolysis cell), the method comprising:
sparging a gas comprising oxygen into an anolyte using an anolyte oxygen sparger (see e.g. Fig. 3, air or oxygen supplied to water via gas-permeable frit 15; Col. 2, lines 51-54), wherein the anolyte is circulated to contact an anode (see e.g. Figs. 1-3, water saturated with O2 or air introduced into cell to contact anode side (coating 3) of electrolyte 1; Col. 2, lines 15-22, and Col. 3, lines 1-6) of an electrochemical cell comprising the anode, a cathode, and a membrane between the anode and the cathode (see e.g. Fig. 1, electrolysis cell comprising membrane 1 with anode-side coating 3 and cathode side coating 2 with respecting current collectors 4 and bipolar plates 6 forming anode and cathode; Col. 1, line 62-Col. 2, line 18).
Regarding claim 2, Menth discloses the anode comprising platinum and nickel (see e.g. Col. 2, lines 15-18, and Col. 3, lines 49-59, Ni in anode side bipolar plate and Pt in anode side platinized titanium current collector).
Regarding claim 3, Menth discloses the gas comprising oxygen having a concentration of oxygen of 100% (see e.g. Col. 3, lines 1-3, only, i.e. 100%, O2 introduced into cell).
Regarding claim 4, Menth discloses the gas comprising oxygen comprising oxygen and further comprising air (see e.g. Col. 3, lines 1-3).
Regarding claim 6, Menth discloses the sparger releasing bubbles of the gas comprising oxygen into the anolyte from a pipe and porous surface (see e.g. Fig. 3, air or oxygen supplied to water via gas-permeable, i.e. porous, frit 15 in inlet pipe; Col. 2, lines 51-54).
Regarding claim 7, Menth discloses the sparger releasing bubbles of the gas comprising oxygen into the anolyte outside of the electrochemical cell (see e.g. Fig. 3, air or oxygen supplied to water via gas-permeable frit 15 outside of electrolysis block 13; Col. 2, lines 48-54).
Regarding claim 8, Menth discloses the oxygen sparger sparging the gas comprising oxygen into the anolyte at a rate of 1 mL per mL of anolyte (see e.g. Col. 3, lines 60-63, water and air both delivered at 20 L/min).
Regarding claim 9, Menth discloses the sparging of the gas comprising oxygen into the anolyte saturating the anolyte with oxygen (see e.g. Col. 3, lines 1-3, water saturated with O2).
Regarding claim 10, Menth discloses the anolyte having the gas comprising oxygen sparged therein having a dissolved concentration of oxygen of 10.8 mg/L (see e.g. Col. 3, lines 1-3 and 63-64, water saturated with O2 at operating temperature of 12°C; evidenced by CWT to be equivalent to a DO concentration of 10.8 mg/L, see e.g. CWT Page 2).
Regarding claim 11, Menth discloses circulating the anolyte to contact the anode further comprising circulating a gas phase to contact the anode, wherein the gas phase is circulated to contact the anode with the anolyte (see e.g. Figs. 1-3, water saturated with gaseous O2 or air introduced into cell to contact anode side (coating 3) of electrolyte 1; Col. 2, lines 15-22 and Col. 3, lines 1-6).
Regarding claim 12, Menth discloses the gas phase having a concentration of oxygen of 100% (see e.g. Col. 3, lines 1-3, only, i.e. 100%, O2 introduced into cell).
Regarding claim 13, Menth discloses the gas phase having a concentration of hydrogen in oxygen of 0% (see e.g. Col. 3, lines 1-3, pure O2 or air (O2 or N2) introduced into cell, with no hydrogen).
Regarding claim 14, Menth discloses the method comprising circulating the anolyte and a gas phase through an anolyte circulation loop (see e.g. Fig. 3, liquid circuit with flow indicated by arrows through with water and O2 or air are circulated; Col. 2, lines 50-60, and Col. 3, lines 32-35).
Regarding claim 15, Menth discloses separating at least a portion of the gas phase in the anolyte circulation loop from the combined anolyte and gas phase (see e.g. Fig. 3, gas separator 16 in which gaseous O2 or air is separated from H2O; Col. 3, lines 54-58).
Regarding claim 16, Menth discloses the anolyte circulation loop further comprising an anolyte storage tank (see e.g. Fig. 3 stored liquid in gas separator 16; Col. 3, lines 54-58).
Regarding claim 17, Menth discloses supplying the anolyte from an electrolyte tank (see e.g. Fig. 3, circulation of water from gas separator 16, i.e. tank, to anode and cathode sides of electrolysis cell via pump 14 and stopcock 17; Col. 2, lines 50-52 and 56-60, Col. 3, lines 1-6, and Col. 4, lines 49-52).
Regarding claim 18, Menth discloses contacting the cathode with catholyte supplied from the electrolyte tank (see e.g. Fig. 3, circulation of water from gas separator 16, i.e. tank, to anode and cathode sides of electrolysis cell via pump 14 and stopcock 17; Col. 2, lines 50-52 and 56-60, Col. 3, lines 1-6, and Col. 4, lines 49-52).
Regarding claim 20, Menth discloses an electrochemical system (see e.g. Col. 1, lines 6-7 and 62-63, system for producing ozone using electrolysis cell) comprising:
an electrochemical cell comprising: an anode, a cathode, and a membrane between the anode and the cathode (see e.g. Fig. 1, electrolysis cell comprising membrane 1 with anode-side coating 3 and cathode side coating 2 with respecting current collectors 4 and bipolar plates 6 forming anode and cathode; Col. 1, line 62-Col. 2, line 18); and
an anolyte oxygen sparger that sparges a gas comprising oxygen into an anolyte that is circulated to contact the anode (see e.g. Figs. 1-3, air or oxygen supplied to water via gas-permeable frit 15 to be introduced into cell to contact anode side (coating 3) of electrolyte 1; Col. 2, lines 15-22 and 51-54, and Col. 3, lines 1-6).
Claims 1 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gilliam et al. (U.S. 2013/0206606).
Regarding claim 1, Gilliam discloses a method of using an electrochemical cell (see e.g. Abstract), the method comprising:
sparging a gas comprising oxygen into an anolyte using an anolyte oxygen sparger (see e.g. Paragraph 0241, and Paragraph 0242, lines 5-6, turbulence promoter bubbling gas such as air, i.e. oxygen-containing, into anode electrolyte), wherein the anolyte is circulated to contact an anode (see e.g. Paragraph 0242, lines 1-2, contacting anode with anode electrolyte) of an electrochemical cell comprising the anode, a cathode, and a membrane between the anode and the cathode (see e.g. Fig. 4B electrochemical system 400 with anion exchange membrane (AEM) between anode and cathode; Paragraph 0208, lines 22-26, and Paragraph 0209).
Regarding claim 19, Gilliam discloses the method further comprising collecting hydrogen gas released from the cathode in a hydrogen storage tank (see e.g. Paragraph 0210, lines 1-4, hydrogen gas produced at cathode captured and stored, i.e. in tank).
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 nonobviousness.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Menth in view of Koga et al. (EP 3604617 A1).
Regarding claim 5, Menth teaches all the elements of the method of claim 1 as stated above. Menth does not teach the gas comprising oxygen comprising oxygen generated by the anode, but does teach oxygen being generated at the anode (see e.g. Col. 3, lines 13-18) and later separated (see e.g. Fig. 3, O2 gas released from gas separator 16; Col. 2, lines 54-56).
Koga teaches a water electrolysis system (see e.g. Abstract) in which oxygen generated by an anode is separated to be stored in an oxygen tank, which can later serve as a source of oxygen to be introduced into the anode chamber of the system (see e.g. Paragraphs 0257 and 0259).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Menth to have the oxygen produced at the anode stored and used as part of the gas comprising oxygen to by introduced into the anolyte as taught by Koga as a suitable means of re-incorporating generated oxygen for further use in the system. MPEP § 2143(I)(A) states that “combining prior art elements according to known methods to yield predictable results” may be obvious. The claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Field et al. (U.S. 2007/0187262) discloses a system in which gases such as air and oxygen can be sparged into a liquid to be delivered to the anode and/or cathode chambers of an electrochemical cell, resulting in elevated oxygen levels that can increase the efficiency of the electrochemical process.
Olson et al. (U.S. 2012/0247970) discloses a method and system for electrochemical cell optimization, in which an oxygen containing gas is introduced into at least one chamber, of an anode and cathode chamber, of the electrochemical cell along which electrolyte.
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/MOFOLUWASO S JEBUTU/Examiner, Art Unit 1795
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