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 .
This application is in response to election/restriction filed on 06/10/2026.
Claims 1-18 are pending. Applicant has elected Group I, claims 1-2, 4-8 and 16-18 without traverse and claims 3, 9-15 are withdrawn as non-elected Groups II-IV.
Election/Restrictions
Applicant's election without traverse of Group I, claims 1-2,4-8 and 16-18 in the reply filed on 06/10/2026 is acknowledged.
Claims 3, 9-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Groups II-IV, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 06/10/2026.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 4-8 and 16-18 are rejected under 35 U.S.C. 103 as obvious over Nakada et al (NPL: “Selective Electrocatalysis of a Water-Soluble Rhenium(I) Complex for CO2 Reduction Using Water As an Electron Donor, ACS Catalysis, 2018, 8, pages 354-363, IDS cited reference by applicant) in view of Goetheer et al (EP3536823).
Regarding claims 1-2, 4-6 and 18, Nakada discloses an electrochemical carbon dioxide absorption and reduction with solution comprising 0.5 mM of a metal complex such as rhenium in water, wherein the metal complex contains central metal which is rhenium (Re) and a ligand which coordinates to the central metal which includes two or more carbonyl groups and two mor more nitrogen-containing heterocycles and at least one nitrogen-containing heterocycles having at least one substitution including carboxy or hydroxy group (see abstract, fig.3 with scheme I, figures 4 and 6, reads on claims 1 n 2 and abstract has structure which reads on claim 18). Nakada further disclose in fig.6 schematic illustration where two compartments (cathodic and anodic compartments) separated by Nafion membrane. As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Nakada discloses mixed solvent containing solvent of water but does not explicitly disclose or suggest solution comprising mixed solvent containing a water-soluble solvent.
However, Goetheer discloses a method for electrochemically reducing carbon dioxide from carbon dioxide-rich adsorbent having at least three compartments (includes cathodic, anodic) where carbon dioxide is absorbed any absorbent comprising of chemical solvent, mixture of chemical solvent, a physical solvent or mixture of physical solvent or mixture of chemical and physical solvent (paragraphs 0020-0023, 0073). Goetheer further discloses chemical solvent comprising of mixture of at least one amine functional group or hydroxyl functional group such as alkanolamine (reads on claim 6) and physical solvent comprising of methanol (alcohol, reads on claims 4-5), ammonia, propylene carbonate, dimethyl ethers of polyethylene glycol mixture and further discloses cathode structure having one or more selected from group consisting of iron, manganese or rhenium (paragraphs 0039, 0040, 0043-0046, 0071-0073, abstract).
Given Nakada and Goetheer both are directed to electrochemical reduction CO2 from electrochemical cell, therefore, it would have been obvious to one of the ordinary skill in the art at before the effective filing date of applicant invention to modify the method of Nakada to include the solvent of Goetheer which would provide a cost and energy efficient as taught by Goetheer (paragraph 018).
Regarding claim 7, Nakada discloses solvent containing inorganic salt such as NaOH, Na2SO4 (fig.3, 6)
Goetheer also discloses utilization of inorganic salt, hydroxide and carbonates (paragraph 0045).
Regarding claim 8, Nakada discloses utilization of formic acid (page 354)
Goetheer discloses utilization of carboxylic acid (reads on amino acid, abstract, paragraph 0004).
Regarding claims 16-17, Goetheer discloses water soluble solvent in mixed solvent containing amine in amount from 10-35 wt% (paragraph 0008), inorganic salt 1-50 wt% (paragraph 0052). As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
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Conclusion
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/SMITA S PATEL/Primary Examiner, Art Unit 1732 10/01/2026
