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/Specification
The specification and drawings are inconsistent with each other. Instant figures 4, 5, and 8A show embodiments of the invention wherein the alternating anode-side solution supply holes and cathode-side solution supply holes were arranged at one end of the respective rectangular-shaped flow path forming member, that “one end” being the longer edge of the rectangular-shaped member. The specification describes the “one end” being the short edge. Therefore, the specification and the drawings are not in agreement with respect to the orientation of the cathode-side solution flow path forming member and the anode-side solution flow path forming member.
The prior art has examples of the solution supply holes being arranged on either the short edge of a rectangular member (e.g. ) or on the long edge of a rectangular member (e.g. ), therefore Applicant’s intent is not immediately clear.
Applicant is requested to resolve the ambiguity between the drawings and specification, while also taking care to avoid introduction of new matter into the specification.
For this reason, the Office will assume that the ambiguity will be resolved by amending the specification (and claims) from “short” to “long” to have the specification match the structure shown in the drawings. Therefore, the claims will be examined below as if they recite “long” instead of “short”.
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 1-8 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 1 recites “[a] carbon dioxide electrolysis cell, being a raw material solution supply type” (emphasis added). However, “a raw material solution supply type” is not a term known in the prior art and also the word “type” renders the precise scope of Applicant’s intent unclear. See MPEP § 2173.05(b).III.E.
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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park (US 2022/0416282 A1).
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Park teaches (see abstract, figs. 1-4 and 10 (fig. 10 reproduced herein), and paragraphs [0080]-[0081], [0084]-[0089], [0091]-[0096], [0098], [0117], [0127]-[0143]) an electrolysis cell in which a raw material (water) is supplied, the cell comprising a cathode section (e.g. right side of fig. 10) having a cathode-side solution flow path (210), an anode section (e.g. left side of fig. 10) having an anode-side solution flow path (210), and a diaphragm (membrane-electrode assembly 100)) arranged between the cathode section and the anode section. The cathode section included a gas diffusion layer (one of layers 120 and 130) and a cathode catalyst layer (the electrode catalyst layers are attached to the membrane surface, see paragraph [0088]). The cathode-side solution flow path was formed by the space between the forming member (200) and the cathode (the catalyst layer on the membrane). The anode section included a gas diffusion layer (the other of layers 120 and 130) and an anode catalyst layer (the electrode catalyst layers are attached to the membrane surface, see paragraph [0088]). The anode-side solution flow path was formed by the space between the forming member (200) and the anode (the catalyst layer on the membrane). The cathode-side solution flow path forming member and the anode-side solution flow path forming member were rectangular in shape in a plan view in the stacking direction. One end of the cathode-side solution flow path forming member (e.g. the top in fig. 10), which was the longer side of the rectangular shape, included a plurality of cathode-side solution supply holes (230) for supplying a cathode-side solution to the cathode side solution flow path and the other end of the cathode-side solution flow path forming member (e.g. the bottom in fig. 10) included a plurality of cathode-side solution discharge holes (e.g. 234 in fig. 3). One end of the anode-side solution flow path forming member (e.g. the top in fig. 10), which was the longer side of the rectangular shape, included a plurality of anode-side solution supply holes (230) for supplying a cathode-side solution to the cathode side solution flow path and the other end of the cathode-side solution flow path forming member (e.g. the bottom in fig. 10) included a plurality of anode-side solution discharge holes (e.g. 234 in fig. 3). In a plan view in the stacking direction (e.g. figs. 3-5 and 10), the plurality of cathode-side solution supply holes and the plurality of anode-side solution supply holes are arranged in an alternating fashion and the plurality of cathode-side solution discharge holes and the plurality of anode-side solution discharge holes are arranged in an alternating fashion. Note that fig. 10 shows opposing faces of the separators which are superimposed upon each other by flipping one onto the other. When that “flip” has been done, it is clear that the alternating arrangement was formed by the stacked separators.
Note that the claim term “carbon dioxide” relates to the intended use of the claimed electrolysis cell and has not been considered to impart any structural limitations.
Regarding claim 2, as seen in fig. 10, the order of arrangement between the supply holes at the top and the discharge holes at the bottom were reversed, such that the supply holes and discharge holes were shifted with respect to each other.
Regarding claim 3, Park teaches (see paragraph [0084]) providing endplates at opposite ends of the stack of unit cells. These endplates correspond to the first and second power supplying body as claimed. A power source device is an inherent part of an electrolysis device for providing the necessary voltage difference between the anode and cathode to drive the electrolytic reaction.
Regarding claims 5 and 6, Park teaches (see fig. 1, abstract, paragraph [0083]) providing a plurality of electrolysis cells. Park further teaches (see paragraph [0084]) providing endplates at opposite ends of the stack of unit cells. These endplates correspond to the first and second power supplying body as claimed. A power source device is an inherent part of an electrolysis device for providing the necessary voltage difference between the anode and cathode to drive the electrolytic reaction.
Regarding claims 7 and 8, the supply holes and discharge holes on the plural separators (200) of Park collectively formed manifolds as claimed. Since the cathode supply holes and anode supply holes alternated, the respective manifolds also alternate. The same applies to the discharge holes. Also, Park shows (see fig. 10) that the cathode supply hole was shifted from the cathode discharge hole and that the anode supply hole was shifted from the anode discharge hole.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HARRY D WILKINS III whose telephone number is (571)272-1251. The examiner can normally be reached M-F 9:30am -6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lin can be reached at 571-272-8902. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HARRY D WILKINS III/Primary Examiner, Art Unit 1794
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