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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Deguchi et al(8597488) taken together with Chinese reference(CN106337275A).
Deguchi et al in figure 2 teaches an electrochemical cell for separating CO₂ from a CO₂ containing gas by an electrochemical reaction(column 3 lines 16-17 stating “a method for reducing CO2 electrochemically”), the electrochemical cell comprising: a working electrode(working electrode 21); a counter electrode(counter electrode 23); and an electrolyte(electrolytic solution 27) covering the working electrode and the counter electrode, wherein the working electrode and the counter electrode are configured so that electrons are supplied from the counter electrode to the working electrode and the working electrode absorbs CO₂ in response to a first voltage(voltage potentiostat 24) applied between the working electrode and the counter electrode(noting CO2 adsorbed at working electrode in figure 2), and electrons are supplied from the working electrode to the counter electrode and the CO₂ is desorbed from the working electrode in response to a second voltage applied between the working electrode and the counter electrode(noting the voltage potentiostat only needs to be capable of providing a second voltage applied between the working electrode and the counter electrode), and the working electrode is made of a metal(column 6 lines 3-7 stating “the working electrode 21 contains at least one selected from the group consisting of titanium nitride(TiN) … , and iron nitride”) . Deguchi et al is silent as to a surface of the working electrode that is to be in contact with the CO₂ containing gas is covered with an oxide film.
Chinese reference teaches an electrochemical cell(para 0009 stating “utilizing the conductivity of activated carbon fiber, it is used as the working electrode of a three -electrode electrochemical cell”) including a working electrode, a counter electrode, wherein the working electrode includes an activated carbon fiber, and a surface of the working electrode is covered in an oxide film(para 0009 stating “A CuO crystalline thin film is deposited on the surface of the activated carbon fiber using an electrochemical deposition method”). It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to provide the working electrode of Deguchi et al with a covering of an oxide film in order to endow the working electrode of Deguchi et al with novel surface properties, such as catalytic performance and energy storage performance(para 0022 of Chinese reference).
With regards to claim 2, Deguchi et al taken together with Chinese reference further teaches wherein the metal is an iron-based material(iron nitride; column 6 line 7 of Deguchi et al) with an iron element content of 50 to 100%.
With regards to claim 3, Deguchi et al taken together with Chinese reference further teaches wherein the metal is an alloy containing a plurality of types of metals(column 3 lines 20-24 stating “the working electrode contains at least one nitride selected from the group consisting of”, wherein the group includes an alloy containing a plurality of types of metals).
With regards to claim 4, Deguchi et al taken together with Chinese reference is silent as to wherein the metal is stainless steel. Examiner notes Deguchi et al provides a group of metals for material as a working electrode(para 0005 stating “CO2 can be adsorbed on the solid surfaces of the metal nitrides …”), and noting that stainless steel is a known metal having a capability of receiving a voltage in an electrochemical cell, it would have been obvious to someone of ordinary skill in the art to substitute stainless steel for any of the metals listed in Deguchi et al in order to provide a stainless steel working electrode covered in an oxide film.
With regards to claim 5, Deguchi et al taken together with Chinese reference further teaches the stainless steel is at least one selected from a group consisting of SUS316L, SUS316, SUS304L, SUS304, SUS310S, SUS430, SUS434, and SUS444.
With regards to claim 6, Deguchi et al taken together with Chinese reference further teaches wherein the electrolyte is an aprotic electrolyte( column 7 lines 3-5 stated “as the electrolytic solution 27, 0.1M (0.1 mol/L) potassium bicarbonate aqueous solution … was used”).
With regards to claim 7 Deguchi et al taken together with Chinese reference is silent as to wherein the aprotic electrolyte is at least one ionic liquid selected from a group consisting of [BMIM][TFSI], [TMPA][TFSI], [Pyrro][TFSI], [BMIM][Tfb], [EMIM][TFSI], and [N4441][TFSI]. Examiner notes Deguchi et al provides potassium bicarbonate aqueous solution as an ionic liquid having an aprotic property, the ionic liquid is a salt of a liquid having non-volatility under normal temperature and pressure. Examiner also notes that the claimed ionic liquids also have an aprotic property, therefore it would have been obvious to someone of ordinary skill in the art to substitute at least one of the claimed ionic liquids for potassium bicarbonate aqueous solution in order to provide an equivalent aprotic electrolyte for the electrochemical cell.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT A HOPKINS whose telephone number is (571)272-1159. The examiner can normally be reached Mon-Thurs 6am-4pm.
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/ROBERT A HOPKINS/Primary Examiner, Art Unit 1776
September 14, 2026
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