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 .
Response to Amendments
This is a final office action in response to applicant's arguments and remarks filed on
07/27/2026.
Status of Rejections
All previous rejections are maintained.
New grounds of rejection are necessitated by the Applicant’s amendments.
Claims 1-25 are pending and under consideration for this Office Action.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-5, 7-9, 11-18, 20, 21, 23, and 24 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kani et al (US 20230340677 A1).
Claim 1: Kani discloses an apparatus for converting air to ammonia (see e.g. abstract), the apparatus comprising:
an anode gas compartment for receiving air (see e.g. #32 on Fig 8 and 9);
an anode electrocatalyst coupled to the anode gas compartment (see e.g. “anode” on Fig 7; [0120]);
a cathode gas compartment (see e.g. #24 on Fig 8 and 9; [0089]; [0106]);
a cathode electrocatalyst coupled to the cathode gas compartment (see e.g. #22 on Fig 8 and 9; [0106]); and
an electrolyte compartment (see e.g. #36 on Fig 8 and 9) comprising a liquid electrolyte (see e.g. [0121]),
wherein the electrolyte compartment is a single compartment configured to function as a separation (see e.g. [0124]) between the anode electrocatalyst and the cathode electrocatalyst (see e.g. #36 on Fig 8 and 9),
wherein the anode electrocatalyst is operably configured to convert nitrogen from the air to nitrate at the anode electrocatalyst by a nitrogen oxidation reaction (see e.g. [0199]),
wherein the cathode electrocatalyst is operably configured to convert the nitrate to the ammonia at the cathode electrocatalyst by a nitrate reduction reaction (see e.g. [0105]).
Claim 2: Kani discloses that the anode electrocatalyst is selected from the group of electrocatalysts consisting of: platinum (Pt), titanium (Ti), nickel (Ni), iron (Fe), and palladium (Pd) (see e.g. [0095]).
Claim 3: Kani discloses that the anode electrocatalyst includes an oxide and/or an alloy of one or more elements selected from the group consisting of: platinum (Pt), titanium (Ti), nickel (Ni), iron (Fe), and palladium (Pd) (see e.g. [0095]).
Claim 4: Kani discloses that the cathode electrocatalyst is selected from the group of electrocatalysts consisting of: silver (Ag), gold (Au), copper (Cu), nickel (Ni), and iron (Fe) (see e.g. [0109]).
Claim 5: Kani discloses that the cathode electrocatalyst includes an oxide and /or alloy of one or more elements selected from the group consisting of: silver (Ag), gold (Au), copper (Cu), nickel (Ni), and iron (Fe) (see e.g. [0109]).
Claim 7: Kani discloses that the anode gas compartment is open to the air (see e.g. [0046]; [0124]).
Claim 8: The instant specification states the following in [0060]:
A conduit 406 may be connected to the cathode gas compartment 302 for flowing a sweep gas. The conduit 406 provides an inlet to connect the sweep gas (e.g., Ar, CO2, etc.) to the cathode gas compartment 302 and the cathode electrocatalyst 312. The flowing gas may be any inert gas compatible to remove formed gas from the cathode. For example, a flowing gas stream may include, but is not limited to, Ar, air, CO2, He, N2, N2O, and combinations thereof.
Kani discloses a conduit connected to the cathode gas compartment (see e.g. [0103]) for flowing air (see e.g. [0013]), which reads on a sweep gas per the instant specification.
Claim 9: Kani discloses that the anode gas compartment is configured to flow air into the apparatus wherein a N2 component of the air is configured to react at the anode electrocatalyst (see e.g. [0120]; [0124]).
Claim 11: Kani discloses that the apparatus converts nitrogen and oxygen to the nitrate and the ammonia (see e.g. [0127]).
Claim 12: Kani discloses a system for converting the ammonia and the nitrate to fertilizers (see e.g. [0022]).
Claim 13: Kani discloses a method of converting a feed gas to a reduced nitrogen-based product (see e.g. abstract), comprising:
providing an electrochemical reactor (see e.g. Fig 8 and Fig 9), wherein the electrochemical reactor comprises:
an anode gas compartment (see e.g. #32 on Fig 8 and 9);
an anode electrocatalyst coupled to the anode gas compartment (see e.g. #22 on Fig 8 and 9; [0092]);
a cathode gas compartment (see e.g. #24 on Fig 8 and 9; [0089]; [0091]);
a cathode electrocatalyst coupled to the cathode gas compartment (see e.g. #22 on Fig 8 and 9; [0092]); and
an electrolyte compartment (see e.g. #36 on Fig 8 and 9) comprising a liquid electrolyte (see e.g. [0121]),
wherein the electrolyte compartment is a single compartment configured to function as a separation (see e.g. [0124]) between the anode electrocatalyst and the cathode electrocatalyst (see e.g. #36 on Fig 8 and 9);
directing the feed gas through the anode gas compartment to the anode electrocatalyst to convert one or more components of the feed gas to an intermediate in the liquid electrolyte (see e.g. [0097]); and
directing a gas (air) through the cathode gas compartment (see e.g. [0089], [0106]) to convert the intermediate in the liquid electrolyte to the reduced nitrogen-based product (see e.g. [0106]).
With regard to the limitation claiming a sweeping gas is directed to the cathode gas compartment, the instant specification states the following in [0060]:
A conduit 406 may be connected to the cathode gas compartment 302 for flowing a sweep gas. The conduit 406 provides an inlet to connect the sweep gas (e.g., Ar, CO2, etc.) to the cathode gas compartment 302 and the cathode electrocatalyst 312. The flowing gas may be any inert gas compatible to remove formed gas from the cathode. For example, a flowing gas stream may include, but is not limited to, Ar, air, CO2, He, N2, N2O, and combinations thereof.
Therefore, the air disclosed in Kani reads on a sweep gas per the instant specification.
directing a sweep gas.
Claim 14: Kani discloses that the anode electrocatalyst is selected from the group of electrocatalysts consisting of: platinum (Pt), titanium (Ti), nickel (Ni), iron (Fe), and palladium (Pd) (see e.g. [0095]) is in the liquid electrolyte (see e.g. Fig 7).
Claim 15: Kani discloses that the reactor operates on the gases at a temperature of about room temperature (“ambient temperatures”, see e.g. [0020]).
Claim 16: Kani discloses that the reactor operates on the gases at about ambient pressure (“ambient pressure”, see e.g. [0036]).
Claim 17: Kani discloses that the feed gas is air (see e.g. [0088]), and the reduced nitrogen-based product is ammonia (see e.g. [0089]).
Claim 18: Kani discloses that one or more components of the feed gas are selected from the group consisting of: N2, Air, H2O, O2, and combinations thereof (see e.g. [0088]).
Claim 20: With regard to the limitation claiming “the sweep gas is an inert gas”, the instant specification states the following in [0060]:
A conduit 406 may be connected to the cathode gas compartment 302 for flowing a sweep gas. The conduit 406 provides an inlet to connect the sweep gas (e.g., Ar, CO2, etc.) to the cathode gas compartment 302 and the cathode electrocatalyst 312. The flowing gas may be any inert gas compatible to remove formed gas from the cathode. For example, a flowing gas stream may include, but is not limited to, Ar, air, CO2, He, N2, N2O, and combinations thereof.
Therefore, the air disclosed in Kani reads on an inert sweep gas per the instant specification.
Claim 21: Kani discloses that the electrolyte compartment extends a full distance between the anode electrocatalyst and the cathode electrocatalyst (see e.g. [0124]).
Claim 23: Kani discloses that the electrolyte compartment is open and uninterrupted between the anode electrocatalyst and the cathode electrocatalyst (“In addition, units 30 and 20 are in fluid communication and configured such that at least a portion of the nitrate product stream passes through membrane 40 and into unit 20, whereupon contact with cathode 22, nitrate is reduced to ammonia thereby producing an ammonia product stream 24”, see e.g. [0124]).
Claim 24: Kani discloses that the cathode gas compartment is a structure, wherein the cathode electrocatalyst is a portion of the structure of the cathode gas compartment (see e.g. #22 and #20 on Fig 9).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kani in view of Murphy et al (US 20060049063 A1).
Claim 6: Kani does not explicitly teach a silicon gasket positioned between at least two adjacent components of the apparatus. Murphy teaches a device for electrolytically converting nitrogen into ammonia (see e.g. abstract), making it analogous art (see MPEP § 2141.01(a) I). The device of Murphy includes silicon gaskets (plural, which means there is more than one) to prevent leaks (see e.g. [0040]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the apparatus of Kai by including silicon gaskets as taught in Murphy to prevent leaks.
Claim(s) 10 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kani in view of Denvir et al (US 20030164305 A1).
Claim 10: Kani does not explicitly teach that the liquid electrolyte comprises a carbonate. Kani teaches that electrolyte just needs to be “suitable” and “typically…aqueous” (see e.g. [0121]). Denvir teaches a device for electrolytically converting nitrogen into ammonia (see e.g. abstract), making it analogous art (see MPEP § 2141.01(a) I). Denvir teaches the following regarding the electrolyte (see e.g. [0032]):
The electrolyte must be capable of forming, stabilizing and permitting migration of the negatively charged nitrogen-containing species between the cathode and anode. Also, the electrolyte must be chemically and electrochemically stable and inert under the conditions required for the electrochemical synthesis of ammonia. The anion of the molten salt must not undergo an electrochemical oxidation process at the anode and the cation of the molten salt must not undergo an electrochemical reduction process at the cathode. The preferred electrolyte comprises one or more molten salts selected from metal chlorides, iodides, bromides, carbonates, sulfides, phosphates, and mixtures thereof.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the apparatus of Kai by selecting a carbonate as taught in the list of Denvir because KSR rationale E states that it is obvious to choose from a finite number of identified, predictable solutions, with a reasonable expectation of success” and MPEP § 2144.07 states that “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”.
Claim 19: Kani does not explicitly teach that the liquid electrolyte comprises a carbonate. Kani teaches that electrolyte just needs to be “suitable” and “typically…aqueous” (see e.g. [0121]). Denvir teaches a device for electrolytically converting nitrogen into ammonia (see e.g. abstract), making it analogous art (see MPEP § 2141.01(a) I). Denvir teaches the following regarding the electrolyte (see e.g. [0032]):
The electrolyte must be capable of forming, stabilizing and permitting migration of the negatively charged nitrogen-containing species between the cathode and anode. Also, the electrolyte must be chemically and electrochemically stable and inert under the conditions required for the electrochemical synthesis of ammonia. The anion of the molten salt must not undergo an electrochemical oxidation process at the anode and the cation of the molten salt must not undergo an electrochemical reduction process at the cathode. The preferred electrolyte comprises one or more molten salts selected from metal chlorides, iodides, bromides, carbonates, sulfides, phosphates, and mixtures thereof.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the method of Kai by selecting a carbonate as taught in the list of Denvir because KSR rationale E states that it is obvious to choose from a finite number of identified, predictable solutions, with a reasonable expectation of success” and MPEP § 2144.07 states that “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”.
Relevant Prior Art
Hatzell et al (US 20210140055 A1) – A method of electrolytically converting air into ammonia and fertilizer (see e.g. abstract).
Ballantine et al (US 20210155491 A1) – A method and apparatus for converting nitrogen from air into ammonia (see e.g. abstract).
Allowable Subject Matter
Claim 22 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 25 is allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 22: The prior art does not disclose nor render obvious all of the cumulative
limitations of claim(s) 22 with special attention given to the limitation claiming “the apparatus does not include a membrane component”. Kani is considered the closest prior art. However, Kani explicitly discloses a membrane (see e.g. #40 on Fig 9) that “was used to minimize product crossover while allowing OH- conductivity” (see e.g. [0187]). Given the function of the membrane, there is no reasonable rational to modify Kani to exclude said membrane without compromising the principal design of the reference (see MPEP 2143.01 VI).
Claim 25: The prior art does not disclose nor render obvious all of the cumulative
limitations of claim(s) 25 with special attention given to the limitation claiming “an apparatus for converting air to ammonia…an electrolyte compartment, wherein the electrolyte compartment is positioned between the anode electrocatalyst and the cathode electrocatalyst, wherein the cathode electrocatalyst is positioned between the electrolyte compartment and the cathode gas compartment, wherein the anode electrocatalyst is operably configured to convert nitrogen from the air to nitrate at the anode electrocatalyst, wherein the cathode electrocatalyst is operably configured to convert the nitrate to the ammonia at the cathode electrocatalyst. The closest prior art is Kani (see rejection of claim 1 above). However, Kani discloses the cathode catalyst is located next to the back plate on the other side of the cathode compartment opposite the electrolyte compartment (see e.g. #22 on Fig 9). This configuration is critical to the design of the cell of Kani (see e.g. Fig 7). Therefore, is no reasonable rational to modify Kani to have the claimed design without compromising the principal design of the reference (see MPEP 2143.01 VI).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER W KEELING whose telephone number is (571)272-9961. The examiner can normally be reached 7:30 AM - 4:00 PM. 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, Luan Van can be reached at 571-272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER W KEELING/Primary Examiner, Art Unit 1795
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