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 .
Claim Rejections - 35 USC § 112(b)
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 3 and 11 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 3 recited the limitations “the substrate” and “the enzyme” in lines 1-2 of the claim. However, claim 2 – the claim from which claim 3 depends – sets forth “a supply of enzymes and substrates” (see claim 2). As such, claim 2 seems to require a plurality of enzymes and substrates but claim 3 only refers to “the substrate” and “the enzyme” and so it is unclear if only a part of the early set forth enzymes and substrates are being further limited or if it is the entirety of the enzymes and substrates that are to be further limited.
Claim 11 recites the limitation “the substrates” and “the enzymes” in lines 1-2 of the claim. However, there is insufficient antecedent basis for this limitation in the claim since claim 3 sets forth “the substrate” and “the enzyme” (see claim 3 at lines 1-2).
Allowable Subject Matter
Claims 1-20 would all be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art is US Pub. No. 2021/0040017 to Berlinguette et al., (hereinafter referred to as “BERLINGUETTE”). While BERLINGUETTE teaches that it is known in the art to have an electrochemical cell with a metallic membrane cathode that is hydrogen selective (see BERLINGUETTE at Abstract and Fig. 1A), BERLINGUETTE is silent, nor would it fairly suggest, the method as claimed related to a coupled electrochemical and enzymatic reaction including the steps as claimed in independent claims 1 and 20.
As such, it is the examiner’s opinion that the prior art neither teaches nor fairly suggests the methods as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Pub. No. 2024/0102177 to Bau et al., teaching an electrochemical cofactor regeneration using earth abundant electrodes for biocatalytic applications
US Pub. No. 2023/0183873 to Huang et al., teaching a method and apparatus for producing hydrogen peroxide using a metallic membrane cathode
US Pub. No. 2023/0158459 to Berlinguette et al., teaching hydrogen permeable membranes, reactors, and related methods
US Pub. No. 2017/0335473 to Armiger et al., teaching an improved electrochemical bioreactor module and use thereof
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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