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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 19 May 2025 has been entered.
Response to Amendment
Acknowledgment is made to Applicant’s claim amendments received 19 May 2025. Claims 41-60 are currently pending of which claims 41-54 are withdrawn from consideration.
Claim Objections
Claim 55 is objected to because of the following informalities: At line 21, CO2 should be written with the appropriate subscript. Appropriate correction is required.
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 55-60 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.
As to claim 55, at line 3 the claim recites the limitation of “a stationary catholyte layer”; however, later in the claim at line 17, the claim again introduces the limitation of “a stationary catholyte layer”. Therefore, it is unclear as to if the second limitation intends to refer back to the first of to a new and separate limitation. For the purpose of Examination, the claim has been broadly interpreted to include, at least, both of the above interpretations. This further renders indefinite all later limitation of “the stationary catholyte” as to which limitation is intended to be referred back to. This limitation appears in claim 55 at lines 19 and 22 and in claims 59 and 60.
Further as to claim 55, the claim recites the limitation "the cathode" in lines 18 and 23. There is insufficient antecedent basis for this limitation in the claim.
As to claim 58, the claim recites the limitation "the cathode". There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 55-60 would be allowable if rewritten or amended to overcome the rejections 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 primary reason for the indication of allowable subject matter is the inclusion of the limitation such that the stationary catholyte layer as claimed remains stationary during the entirety of the electroreduction process.
Response to Arguments
Applicant’s arguments filed 19 May 2025, with respect to the amendments to claims 55-60, have been fully considered and are persuasive. The 35 USC 103 rejections to claims 55-60 presented in the Office Action of 23 January 2025 have been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CIEL P Contreras whose telephone number is (571)270-7946. The examiner can normally be reached M-F 9 AM to 4 PM.
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/CIEL P CONTRERAS/Primary Examiner, Art Unit 1794