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 .
Drawings
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 47 is objected to because of the following informalities: “electrode 23” in line 4. Appropriate correction is required (for instance, “electrode (23)”).
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 59 recites the limitation "in the reservoir vessel" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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) 67-68 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (US 20140178735 A1).
In regards to claim(s) 67, in regards to the limitations “to be oxidized”, “to be reduced” and “to dissolve,” each is an intended use limitation, such language only limits the claim by the structures or arrangements of structures that are necessary to perform the functional language or intended use. See MPEP 2112.01 I & 2114. Wang discloses a partner substance (redox mediator; abstract; ferrocene [0054]) and an electrolyte (LiPF6, [0054]) capable of such use.
In regards to claim(s) 68, in regards to the limitations “to be oxidized”, “to be reduced”, “used as a cathode only”, each is an intended use limitation, such language only limits the claim by the structures or arrangements of structures that are necessary to perform the functional language or intended use. In regards to “the substrate,” such a limitation is outside the scope of an electrolyte and therefore is not included. See MPEP 2112.01 I & 2114. Wang discloses a partner substance (redox mediator; abstract; ferrocene [0054]) and an electrolyte (LiPF6, [0054]) capable of such use.
Allowable Subject Matter
Claims 35-46, 48-58 and 60-66 are allowed.
The following is an examiner’s statement of reasons for allowance: In regards to claim(s) 35, prior art does not disclose, teach or suggest a method of enriching a substrate with lithium comprising oxidizing and dissolving, in the electrolyte, the lithium disposed in the reservoir vessel in the instantly claimed combination. Radmall (GB 2242440 A), as submitted on Applicant's Information Disclosure Statement filed 16 January 2024, discloses a method of enriching a cathode with lithium, the closest embodiment being the second example (p. 6) wherein there are two chambers, however, “each bath is provided with a separate platinum anode” and therefore no dissolution/oxidation of lithium occurs in a reaction vessel. In regards to claim(s) 53, prior art does not disclose, teach or suggest a method of enriching a substrate with lithium comprising oxidizing a protective substance present in the electrolyte at the anode and reducing the protective substance only in one or more predetermined sections on the substrate. Martin (US 20160149203 A1) discloses a system that enriches an electrode with lithium (abstract) and includes a protective layer 4 (Figure 2); however, the protective layer 4 is not oxidizable. In regards to claim(s) 63, prior art does not disclose, teach or suggest a device for enriching a substrate with lithium comprising an agent disposed in a reservoir vessel for oxidizing lithium. In regards to claim(s) 66, prior art does not disclose, teach or suggest a device for enriching a substrate with lithium comprising an electrolyte with a protective substance to be oxidized at an anode and reduced only in one or more predetermined sections on the substrate. The devices are allowable for substantially the same reasons as the methods of claims 35 and 53.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A SMITH whose telephone number is (571)272-8760. The examiner can normally be reached M-F 7:30am-3:30pm.
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, Srilakshmi Kumar can be reached at (571)272-7769. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752
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