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 Status
Claims 1-17 are rejected.
Claims 18-43 are withdrawn.
Claims 44-50 are cancelled.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-17, and Species E, as shown in Figs. 6A-6B, in the reply filed on March 10, 2026, is acknowledged.
Accordingly, claims 18-43 are withdrawn from further consideration because they are drawn to non-elected inventions.
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 13, 15 and 17 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 13 recites the limitation "the permeate" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation “optional reject flow” in line 3. This limitation is confusing because it is not clear what applicant intends to claim.
Claim 17: A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 17 recites the broad recitation “below 100 mA/cm2”, and the claim also recites “preferably below 10 mA/cm2; especially below 5 mA/cm2; ideally below 1 mA/cm2” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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) 1-4 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bouwman et al. (EP 3842570A1) [hereinafter Bouwman].
With respect to claim 1, Bouwman discloses a device 1, as shown in Fig. 1, having: a membrane element 7, 11, configured for filtration of water while simultaneously co-generating hydrogen, wherein the membrane 7, 11, comprises at least one anode electrode 3 and at least one cathode electrode 4, each is in communication with said membrane 7, 11, as shown in Fig. 1; further wherein said membrane 7, 11, is adapted for electrolysis of at least a portion of said water to simultaneously at least partially generate hydrogen therefrom (see paragraphs 0011-0012).
With respect to claim 2, Bouwman discloses wherein said membrane 7, 11, configured for filtration of water when a pressure difference is provided across said membrane 7, 11, (see paragraph 0015).
With respect to claim 3, Bouwman discloses wherein said membrane 7, 11, is configured for osmotic and/or gauge pressure driven filtration of water (see paragraph 0015).
With respect to claim 4, Bouwman discloses wherein said membrane 7, 11, is selectively permeable membrane configured to at least partially purify feed water when a pressure difference is provided across said membrane 7, 11 (see paragraph 0020).
With respect to claim 8, Bouwman discloses wherein at least one selected from a group consisting of said at least one anode electrode 3, said at least one cathode electrode 4 and any combination thereof is provided in the form of at least one selected from a group consisting of mesh, plate, cloth, fiber, sintered body and any combination thereof, as shown in Fig. 1.
Claim(s) 1-8, 10 and 12-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaczur et al. (US 2013/0180863) [hereinafter Kaczur].
With respect to claim 1, Kaczur discloses an electrolyzer system 100, as shown in Fig. 1, having: a membrane element 112 configured for filtration of water while simultaneously co-generating hydrogen (see paragraph 0038), wherein the membrane 112 comprises at least one anode electrode 114 and at least one cathode electrode 118, each is in communication with said membrane 112, as shown in Fig. 1; further wherein said membrane 112, is adapted for electrolysis of at least a portion of said water to simultaneously at least partially generate hydrogen therefrom (see paragraph 0038).
With respect to claim 2, Kaczur discloses wherein said membrane 112 configured for filtration of water when a pressure difference is provided across said membrane 112, (see paragraphs 0062, 0078 and 0083).
With respect to claim 3, Kaczur discloses wherein said membrane 112, is configured for osmotic and/or gauge pressure driven filtration of water (see paragraphs 0062, 0078 and 0083).
With respect to claim 4, Kaczur discloses wherein said membrane 112, is selectively permeable membrane configured to at least partially purify feed water when a pressure difference is provided across said membrane 112 (see paragraphs 0062, 0078 and 0083).
With respect to claim 5, Kaczur discloses wherein at least one selected from a group consisting of said at least one anode electrode 114, said at least one cathode electrode 118 and any combination thereof is made of at least one material selected from titanium, carbon fiber, carbon cloth, graphene and any combination thereof (see paragraph 0088).
With respect to claims 6-7, Kaczur discloses wherein at least one selected from a group consisting of said at least one anode electrode 114, said at least one cathode electrode 118 and any combination thereof is at least partially coated or at least partially cladded with at least one catalyst; and wherein said catalyst is selected from a group consisting of iridium oxide, ruthenium oxide, tantalum oxide, titanium oxide, platinum, and platinum oxide and any combination thereof (see paragraph 0088).
With respect to claim 8, Kaczur discloses wherein at least one selected from a group consisting of said at least one anode electrode 114, said at least one cathode electrode 118 and any combination thereof is provided in the form of at least one selected from a group consisting of mesh, plate, cloth, fiber, sintered body and any combination thereof, as shown in Fig. 1.
With respect to claim 10, Kaczur discloses wherein the membrane element includes at least one selected from a group consisting of feed spacers, permeate spacers and any combination thereof (see paragraph 0044); and the at least one anode electrode 216 and/or the at least one cathode electrode 218 are provided by the feed or permeate spacer or are provided on or adjacent one or other of the feed and/or permeate spacers or are coupled to at least one selected from a group consisting of feed spacers, permeate spacers or are at least partially coated or at least partially cladded on at least one selected from a group consisting of feed spacers, permeate spacers and any combination thereof, as shown in Fig. 2 (see paragraph 0044).
With respect to claim 12, Kaczur discloses wherein at least one electrode 114, 118, is provided in the form of a screen 116 (grid) or parallel spaced apart strips, as shown in Fig. 1.
With respect to claim 13, Kaczur discloses wherein at least one electrode 114 is in the form of a full or partial coating or a full or partial cladding of the permeate and/or feed spacer (see paragraph 0088).
With respect to claim 14, Kaczur discloses wherein a catalyst is provided on one or both of the anode electrode and the cathode electrode (see paragraph 0036).
With respect to claim 15, Kaczur discloses disengage 150 (collecting means) for collecting the dissolved hydrogen in the product water or optional reject flow for subsequent extraction by degasification or gas membrane separation (see paragraph 0039).
With respect to claim 16, Kaczur discloses wherein the water filtration process is selected from the group consisting of reverse osmosis, pressure retarded osmosis (PRO), forward osmosis (FO), ultrafiltration, microfiltration and nanofiltration (see paragraph 0078).
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.
Claim(s) 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Bouwman (EP 3842570A1) in view of Kaczur et al. (US 2013/0180863) [hereinafter Kaczur].
With respect to claims 5-7, Bouwman lacks wherein at least one selected from a group consisting of said at least one anode electrode, said at least one cathode electrode and any combination thereof is made of at least one material selected from titanium, carbon fiber, carbon cloth, graphene and any combination thereof; wherein at least one selected from a group consisting of said at least one anode electrode, said at least one cathode electrode and any combination thereof is at least partially coated or at least partially cladded with at least one catalyst; and wherein said catalyst is selected from a group consisting of iridium oxide, ruthenium oxide, tantalum oxide, titanium oxide, platinum, and platinum oxide and any combination thereof.
Kaczur teaches an electrolyzer system 100, as shown in Fig. 1, having an electrolyzer 102 having a membrane 112, a cathode 118 and an anode 114, as shown in Fig. 1. Kaczur teaches that “anodes for use in the electrochemical system may depend on various system conditions. For acidic anolytes and to oxidize water to generate oxygen and hydrogen ions, the anode may include a coating, with preferred electrocatalytic coatings including precious metal oxides, such as ruthenium and iridium oxides, as well as platinum, rhodium, and gold and their combinations as metals and oxides deposited on valve metal substrates, such as titanium, tantalum, zirconium, and niobium. For other anolytes, such as alkaline or hydroxide electrolytes, the anode made include carbon, cobalt oxides, stainless steels, nickel, and their alloys and combinations which may be stable as anodes suitable under alkaline conditions” (see paragraph 0088). It would have been obvious to one of ordinary skill in the art to provide the anode disclosed by Bouwman made from titanium or carbon, or a coating of iridium oxide, as taught by Kaczur, since these are preferred materials to oxidize water to generate hydrogen ions (see paragraph 0088).
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kaczur (US 2013/0180863) in view of Bouwman (EP 3842570A1).
With respect to claim 9, Kaczur teaches the at least one anode electrode 114 and/or at least one cathode electrode 118 comprising being provided on the membrane 112, as shown in Fig. 1. Kaczur lacks wherein the membrane comprises a salt rejection layer and a support layer.
Bouwman teaches the membrane 11 being impermeable to salt and may further comprise a support layer (see paragraphs 0053-0054). It would have been obvious to one of ordinary skill in the art to provide the membrane disclosed by Kaczur having a salt rejection layer and a support layer, as taught by Bouwman, in order to remove salt from water and improve the effectiveness of the filtration.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kaczur (US 2013/0180863) in view of Small et al. (US 2020/0189942) [hereinafter Small].
With respect to claim 11, Kaczur lacks wherein at least one electrode is formed from graphene.
Small teaches an alternating current electrodialysis cell, as shown in Fig. 2. Small teaches the use of electrodes and that typical high surface area materials for the electrodes include porous carbon, carbon nanoparticles, carbon nanotubes, graphene (see paragraph 0016). It would have been obvious to one of ordinary skill in the art to provide at least one electrode disclosed by Kaczur made of graphene, as taught by Small, since graphene is a desirable high surface material used for electrodes (see paragraph 0016).
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Kaczur (US 2013/0180863).
With respect to claim 17, Kaczur teaches wherein a low current density is applied across the electrodes (see paragraph 0061) to enable electrochemical splitting of the water to occur (see paragraph 0075). Kaczur lacks the specific current density, i.e., wherein a low current density below 100 mA/cm.sup.2 is applied across the electrodes to enable electrochemical splitting of the water to occur, preferably being below 10 mA/cm.sup.2; especially below 5 mA/cm.sup.2, ideally below 1 mA/cm.sup.2. However, Kaczur teaches that “the electrolyzer 102 may be operated at full rate during operation, or temporarily operated at a lower current density with or without any carbon dioxide addition during the injection of the metal salts. The conditions under which to renew the cathode surface with the addition of these salts may differ depending on desired renewal results” (see paragraph 0061). It would have been obvious to provide the electrodes disclosed by Kaczur with the specific current density claimed by applicant, since one of ordinary skill in the art would recognize to choose a desired current value according to a desired result (see paragraph 0061).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADELINE GONZALEZ whose telephone number is (571)272-5502. The examiner can normally be reached M-F 9-5:30.
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/MADELINE GONZALEZ/Primary Examiner, Art Unit 1773
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