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
This is a non-final office action.
The amendment filed 8/12/2025 does not place the application in condition for allowance.
The previous objections to the abstract, specification, and claims are withdrawn due to Applicant’s amendment.
The previous art rejections are withdrawn due to Applicant’s arguments.
New analysis follows.
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.
Claim(s) 1, 2, and 4-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “A sensitized thermal cell recovered using heat” to Matsushita.
Regarding claims 1, 2, and 4-6, Matsushita teaches a thermal power generation device, a thermal power generation battery, and a thermal power generation module comprising a thermal power generation element that does not require a temperature gradient (“Abstract”, “Introduction”), wherein a first part (“n-Si”/”Ge” of Fig. 2(a)) comprising a semiconductor which produces a thermally excited electron and hole (illustrated in Fig. 2(a), see also “Results and discussion”), a second part (“Electrolyte”) comprising an electrolyte in which a charge transport ion pair (Cu1+/Cu2+) can be moved therein, and a third part (“FTO”) comprising a substance that is an electrode, are in contact with each other in this order, and wherein a valence band potential of the semiconductor of the first part (-4.75 eV) is positive with respect to a redox potential (-4.64 eV) of a charge transport ion pair (“positive with respect to” is interpreted in light of the instant disclosure; this phrase is distinctly used in the instant specification to recite the relationship between the valence band potential and redox potential illustrated in instant Figure 4; MPEP §2111.01.IV), 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 (Cu+ is oxidized to Cu2+), 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 (Cu2+ is reduced to Cu+).
The shortest distance between the first part and the third part is determined by the thickness of a piece of double-sided insulating tape (“Cell assembly”). The thickness of that tape is not described; however, a skilled artisan would understand that 1 microliter of electrolyte is necessarily held within a 6 mm hole diameter in the tape. Therefore the thickness of the double sided insulating tape must be approximately 1 mm3/(pi*(3 mm)2) = 0.035 mm = 35 micrometers.
Matsushita does not discuss an ion diffusion thickness, or a relationship between the shortest distance between the first part and the third part and such thickness. Matsushita’s electrolyte comprises Cu(I) ions, Cu(II) ions and Li(I) ions dissolved in polyethylene glycol (“Electrolyte fabrication”). This is the same electrolyte used in instant Examples 1-5. Instant Figure 5(D) shows that the ion diffusion thickness of this electrolyte ranges from 15 to 2-3 micrometers, depending on temperature. The ordinary and customary meaning of a term may be evidenced by a variety of sources, including the words of the claims themselves, the specification, drawings, and prior art. However, the best source for determining the meaning of a claim term is the specification – the greatest clarity is obtained when the specification serves as a glossary for the claim terms. See, e.g., In re Abbott Diabetes Care Inc., 696 F.3d 1142, 1149-50, 104 USPQ2d 1337, 1342-43 (Fed. Cir. 2012). MPEP §2111.01.III.
Therefore, Matsushita teaches a thermal power generation element that with values of L/IDT of (35/15)= 2.33 to (35/2)= 17.5, depending upon temperature.
Per claim 2, Matsushita teaches the limitations of claim 1. The first part, the second part and the third part are layered (Matsushita Fig. 2).
Response to Arguments
Applicant’s arguments filed 8/12/2025, with respect to the previous art rejections have been fully considered and are persuasive. The rejections of the action mailed 5/12/2025 have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the Matsushita reference cited herein.
Conclusion
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Ryan S. Cannon
Primary Examiner
Art Unit 1726
/RYAN S CANNON/Primary Examiner, Art Unit 1726