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 .
Response to Amendment
The amendment filed 2/12/2026 does not place the application in condition for allowance.
The previous art rejections are withdrawn due to Applicant’s amendment.
New analysis follows.
Election/Restrictions
The newly amended claims include a method claim, similar to the method claim identified as distinct in the restriction requirement mailed 4/8/2026 which was not elected for prosecution in the response filed 5/1/2025. In the interest of compact prosecution, the restriction is withdrawn and claim 8 is examined herein.
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.
Claim 8 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 8 recites “the electrolyte” in the first line, which lacks antecedent basis. Claim 8 also recites “the thermal power generation element” in line 4, which lacks antecedent basis.
Claim Rejections - 35 USC § 102
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) 8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by “Power generation at room temperature – How to design of the sensitized thermal cell” to Kohata. Note the different inventive entities of the prior art reference and the instant application.
Regarding claim 8, Kohata teaches a method for tuning the thickness of electrolyte (“Production of thinner cells” on p. 4), the thickness of electrolyte tuned by adjusting a shortest distance between a first part (“Si” in Fig. 5) and a third part (“FTO” in Fig. 5), such that a value of L/IDT (where L is a “shortest distance between the first part and the third part”, and IDT is “ion diffusion thickness”) is 1 to 20 (see Fig. 4, p. 4, 5), in a thermal power generation element that does not require a temperature gradient (p. 2: “Since this battery can function at a constant temperature…”), wherein a first part comprising a semiconductor (Ge) which produce thermally excited electron and hole (Fig. 5), a second part comprising an electrolyte in which a charge transport ion pair (Cu+, Cu++, as would be understood by “Electrolytes” on p. 6) can be moved therein, and a third part comprising a substance (FTO) that is electrode, are in contact with each other in this order (also see Figs. 1, 2), and wherein a valence band potential of the semiconductor of the first part is positive with respect to a redox potential of a charge transport ion pair (Fig. 5, p. 3), and an ion which is more susceptible to oxidation among the two ions is oxidized at an interface between the first part and the second part (see discussion of electrode interfaces), and an ion which is more susceptible to reduction among the two ions is reduced at an interface between the third part and the second part.
Response to Arguments
Applicant’s arguments with respect to claim(s) 8 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. “Role of the ions in the Ge/(CuCl, CuCl2, and LiCl)/FTO-sensitized thermal cell”, “Fermi level dependence of a working electrode on the open circuit voltage in a sensitized thermal cell”.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ryan S Cannon whose telephone number is (571)270-7186. The examiner can normally be reached M-F, 8:30am-5:30pm PST.
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, Jeffrey Barton can be reached at (571) 272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Ryan S. Cannon
Primary Examiner
Art Unit 1726
/RYAN S CANNON/Primary Examiner, Art Unit 1726
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