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 Objections
Claims 29 and 57 are objected to because of the following informalities:
a) in claim 29, line 3, – or – should be inserted between “mediator,” and “an”; and
b) in claim 57, line 2, -- an – should be inserted between “providing” and “electrochemical”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Note that dependent claims will have the deficiencies of base and intervening claims.
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 28-57 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:
a) claim 28 recites
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The claim preamble is confusing as it indicates that the at least one first electrode and the at least one second electrode and the electrolyte are on the one hand part of the claimed electrochemical gas sensor (“An electrochemical gas sensor”), but, on the other hand, are for any electrochemical gas sensor (“an electrochemical gas sensor” rather than – the electrochemical gas sensor --);
b) claim 28 recites “wherein the cyclic compound corresponds to formula (I) [(A)R1R2]+[Y]; . . . . [italicizing by the Examiner]” The scope of the word “corresponds” as used here is not clear. Does Applicant mean – conforms to – or – has – or does Applicant intend that the cyclic compound does not necessarily have to meet all the specified features for A, R1, R2, and Y, but only “correspond” to them?
c) claim 29 recites, “An electrochemical gas sensor in accordance with claim 28, wherein the electrolyte contains at least one additional component comprising a buffer substance, a reaction mediator, an addition or a mixture consisting of two or more of these components, . . . . [italicizing by the Examiner]” It is not clear how to interpret the phrase “two or more of these components” as there are only two possible components listed - a buffer substance and a reaction mediator. Does Applicant mean -- an addition or a mixture consisting of both of these components --?
d) regarding claim 29, the phrase "is further preferably selected from" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
e) claim 29 is confusing as it begins with “An electrochemical gas sensor in accordance with claim 28, wherein the electrolyte contains at least one additional component comprising a buffer substance, a reaction mediator, an addition or a mixture consisting of two or more of these components, . . . . [italicizing by the Examiner]” (that is, the addition is both the buffer substance and the reaction mediator) yet none of the listed possible addition compounds (“wherein the addition is further preferably selected from methane sulfonic acid, potassium acetate, EMIM acetate, pyridinium acetate, BaCl2, CaCl2, EuCl2.”) is in the list of possible buffer substances (“ wherein the buffer substance is further selected from the group comprising EDTA, EGTA, TEA, Bis-Tris, ADA, Tris, potassium hydrogen phthalate, pyridinium formate, MOPS, HEPES, CHES, TRICIN, PIPES or carbonate, . . . “) or in the list of possible reaction mediator (“ wherein the reaction mediator is further selected from the group comprising CuCl2, CoCl3, quinone, quinone derivatives, MnCl2, . . . .”).
f) claim 30 recites “wherein the second cyclic compound corresponds to formula (I) [(A)R1R2]+[Y]; . . . . [italicizing by the Examiner]” The scope of the word “corresponds” as used here is not clear. Does Applicant mean – conforms to – or – has – or does Applicant intend that the second cyclic compound does not necessarily have to meet all the specified features for A, R1, R2, and Y, but only “correspond” to them?
g) claim 32 is
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Formula (VI) and formula (VII) are indefinite as these formulas are not set forth in either claim 32 or any of the claims that claim 32 depends from.
h) claim 32 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of, respectively, formula (VI) and formula (VII), whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
i) claim 33 is
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Formula (VI), formula (VII), formula (VIII), and formula (IX) are indefinite as these formulas are not set forth in either claim 33 or any of the claims that claim 33 depends from.
j) claim 33 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of formula (VI), formula (VII), formula (VIII), or formula (IX), whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
k) claim 34 recites “wherein the second cyclic compound corresponds to formula (I) [(A)R1R2]+[Y]; . . . . [italicizing by the Examiner]” The scope of the word “corresponds” as used here is not clear. Does Applicant mean – conforms to – or – has – or does Applicant intend that the second cyclic compound does not necessarily have to meet all the specified features for A, R1, R2, and Y, but only “correspond” to them?
l) claim 37 is
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Formula (VI) and formula (VII) are indefinite as these formulas are not set forth in either claim 37 or any of the claims that claim 37 depends from.
m) claim 37 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of, respectively, formula (VI) and formula (VII), whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
n) claim 38 is
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Formula (VI) and formula (VII) are indefinite as these formulas are not set forth in either claim 38 or any of the claims that claim 38 depends from.
o) claim 38 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of, respectively, formula (VI) and formula (VII), whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
p) claim 39 is
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Formula (VI), formula (VII), and formula (VIII) are indefinite as these formulas are not set forth in either claim 39 or any of the claims that claim 39 depends from.
q) claim 39 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of formula (VI), formula (VII) and formula (VIII), whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
r) claim 40 is
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Formula (VI), formula (VII), formula (VIII), and formula (IX) are indefinite as these formulas are not set forth in either claim 40 or any of the claims that claim 40 depends from.
s) claim 40 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of formula (VI), formula (VII), formula (VIII), and formula (IX), whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
t) claim 41 is
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Formula (VIII) and formula (IX) are indefinite as these formulas are not set forth in either claim 41 or any of the claims that claim 41 depends from.
u) claim 41 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of, respectively, formula (VIII) and formula (IX), whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
v) claim 42 is
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Formula (VIII) and formula (IX) are indefinite as these formulas are not set forth in either claim 42 or any of the claims that claim 42 depends from.
w) claim 42 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of, respectively, formula (VIII) and formula (IX), whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
x) claim 43 is
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Formula (VIII) and formula (IX) are indefinite as these formulas are not set forth in either claim 43 or any of the claims that claim 43 depends from.
y) claim 43 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of, respectively, formula (VIII) and formula (IX), whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
z) claim 44 is
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Formula (VIII) and formula (IX) are indefinite as these formulas are not set forth in either claim 44 or any of the claims that claim 44 depends from.
aa) claim 44 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of, respectively, formula (VIII) and formula (IX), whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
ab) claim 45 is
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Formula (VII) and formula (VI) are indefinite as these formulas are not set forth in either claim 45 or any of the claims that claim 45 depends from.
ac) claim 45 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of, respectively, formula (VII) and formula (VI), whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
ad) claim 46 is
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Formula (VII) and formula (VI) are indefinite as these formulas are not set forth in either claim 46 or any of the claims that claim 46 depends from.
ae) claim 46 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of, respectively, formula (VII) and formula (VI), whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
af) claim 47 is
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Formula (VIII) and formula (VII) are indefinite as these formulas are not set forth in either claim 47 or any of the claims that claim 47 depends from.
ag) claim 47 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of, respectively, formula (VII) and formula (VI), whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
ah) claim 48 is
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Formula (VIII) and formula (VII) are indefinite as these formulas are not set forth in either claim 48 or any of the claims that claim 48 depends from.
ai) claim 48 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of, respectively, formula (VII) and formula (VI), whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
aj) claim 49 is
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Formula (VIII) and formula (VII) are indefinite as these formulas are not set forth in either claim 49 or any of the claims that claim 49 depends from.
aj) claim 49 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of, respectively, formula (VII) and formula (VI), whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
ak) claim 50 is
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Formula (IX) and formula (VI) are indefinite as these formulas are not set forth in either claim 50 or any of the claims that claim 50 depends from.
al) claim 50 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of, respectively, formula (VII) and formula (VI), whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
am) claim 51 is
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Formula (IX) and formula (VI) are indefinite as these formulas are not set forth in either claim 51 or any of the claims that claim 51 depends from.
an) claim 51 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of, respectively, formula (VII) and formula (VI), whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
ao) claim 52 is
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Formula (IX) and formula (VI) are indefinite as these formulas are not set forth in either claim 52 or any of the claims that claim 52 depends from.
ap) claim 52 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of, respectively, formula (VII) and formula (VI), whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
aq) claim 53 is
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Formula (IX) and formula (VI) are indefinite as these formulas are not set forth in either claim 52 or any of the claims that claim 52 depends from.
ar) claim 53 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of, respectively, formula (IX) and formula (VII), whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
as) claim 54 is
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Formula (IX) and formula (VII) are indefinite as these formulas are not set forth in either claim 54 or any of the claims that claim 54 depends from.
at) claim 54 is
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The scope of the word “corresponding” as used here is not clear. Does Applicant mean – conforming to – or – having – or does Applicant intend that the first cyclic compound and second cyclic compound do not necessarily have to meet all the specified features of, respectively, formula (IX) and formula (VII),
whatever they may be (see previous rejection under 35 U.S.C. 112(b)).
au) claim 57 recites
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This “providing” step is confusing as it indicates that the at least one first electrode and the at least one second electrode and the electrolyte are on the one hand part of the claimed electrochemical gas sensor (“providing electrochemical gas sensor”), but, on the other hand, are for any electrochemical gas sensor (“an electrochemical gas sensor” rather than – the provided electrochemical gas sensor --);
av) claim 57 recites “wherein the cyclic compound corresponds to formula (I) [(A)R1R2]+[Y]; . . . . [italicizing by the Examiner]” The scope of the word “corresponds” as used here is not clear. Does Applicant mean – conforms to – or – has – or does Applicant intend that the cyclic compound does not necessarily have to meet all the specified features for A, R1, R2, and Y, but only “correspond” to them?
Allowable Subject Matter
Claims 28 and 57 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 29-56 would be allowable if rewritten to overcome the rejections under
35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
a) in claim 1 the combination of limitations requires the following underlined feature
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a)(i) the International Search report for international application PCT/EP2022/076139 cites a number of “X” and “Y” documents. These documents are labeled documents D1-D9 in the corresponding Written Opinion. The Written Opinion, based on an English language translation obtained by the U.S. Examiner deems claims 1-23, 25, and 27 to have novelty, but deems claims 24 and 26 to lack novelty, and deems claims 1-27 to lack an inventive step. Each of documents D1-D91 will be now be commented upon in turn as it relates to claim 28 of U.S. application 18/693588 -
D1 is about alkyl pyridinium dicyanamides and method for the production thereof. See the title and Abstract. There is no mention in the document of an electrochemical gas sensor or a sensor of any type, electrochemical or otherwise. Claim 9 just mentions, “Process comprising utilizing the alkylpyridinium dicyanamide according to claim 1, if appropriate in a mixture with one or more other ionic liquids, water or organic solvents, as a polar aprotic solvent, as an electrolyte in electrolysis or in electrical components, or for the production of liquid crystals for LCDs or of conductive gels. [italicizing by the Examiner]”
D2 is about a purification method of ionic liquids to obtain their purity. There is no mention in the document of an electrochemical gas sensor or a sensor of any type, electrochemical or otherwise. The Abstract and specification just make passing mention that the ionic liquid “can be used as solvents for organic, inorganic and biochemical reactions or as electrolytic solutions of storage batteries, secondary batteries, or fuel batteries, . . . .” See the Abstract, page 1, lines 4-10; and page 5, lines 21-24.
D3 is about ink, ink set, processing solution, recording method, recording medium, ink tank and recording device. See the title and Abstract. There is no mention in the document of an electrochemical gas sensor or a sensor of any type, electrochemical or otherwise.
D4 is about organic salt conditioner, organic salt-containing composition, and uses thereof. See the title and Abstract. There is no mention in the document of an electrochemical gas sensor or a sensor of any type, electrochemical or otherwise. The Abstract states, “The invention composition may be used for washing (cleaning) and/or conditioning keratin materials, and especially the hair.”
D5 (which is the same as US 20040167265 A1) is about a water- and oil-repellent antistatic composition. There is no mention in the document of an electrochemical gas sensor or a sensor of any type, electrochemical or otherwise. The specification states, “[0002] This invention relates to compositions that exhibit both repellency and antistatic characteristics. This invention further relates to fibers, films, fabrics, coatings, and molded or blown articles comprising the compositions. In other aspects, this invention also relates to a topical treatment composition and to processes for imparting both repellency and antistatic characteristics to substrates.”
D6 (based on the English language equivalent US 20230218496 A1) is about ionic liquid as an antiperspirant. There is no mention in the document of an electrochemical gas sensor or a sensor of any type, electrochemical or otherwise. The Abstract states, “The invention relates to an aluminum salt-free, antiperspirant, deodorizing, cosmetic and/or dermatological composition comprising at least one antiperspirant active ingredient, wherein the antiperspirant active ingredient is selected from the group of ionic liquids.”
D7 discloses an electrochemical gas sensor (see the title) comprising at least one first electrode (working electrode; see the Abstract, Figure 1 (noting 101), and paragraph [0023]) and at least one second electrode (counter electrode or reference electrode; see the Abstract, Figure 1 (noting 102 and 103), and paragraph [0023]) and an electrolyte (104 in Figure 1; paragraph [0023]) for an electrochemical gas sensor (see the title, Figure 1, and paragraph [0023]), and a cyclic compound, wherein the cyclic compound corresponds to formula (I) [(A)R1R2]+[Y];
wherein (A) is a ring structure, which is selected from the group comprising pyridinium, piperidinium, pyrrolidinium, pyrrolium;
wherein the radical R1 is arranged at the nitrogen atom of the ring structure A;
wherein R1 is a hydrocarbon radical with 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 or 12 C atoms;
wherein R2 is a hydrogen atom or a hydrocarbon radical with 1, 2, 3 or 4 C atoms; and
wherein Y is selected from the group comprising halide, cyanide, alkyl sulfonate, halogenated alkyl sulfonate, and acetate.
For example, D6 discloses the cyclic compound 1-Butyl-4-methylpyridinium chloride in paragraph [0009]. However, neither this cyclic compound nor any other that is listed in paragraph [0009] and conforms to the formula (I) of claim 28 of the US application is part of the electrolyte. The compounds listed in paragraph [0009], which are ionic liquids, are cast as a solidified coating on the working electrode. See paragraphs [0008], [0009], [0030], [0031], and [0035], and claims 8 and 12. Example electrolytes “. . . . may include a silver salt, for example AgNO3; a gold salt, which may be selected from NaAuCl4, HAuCl4, or combinations thereof; and/or an inert electrolyte, for example an NaNO3 solution, an Na.sub2SO4 solution, or combinations thereof.” See paragraph [0027].
D8 discloses an electrochemical gas sensor (see the title) comprising at least one first electrode (working electrode 3 in Figure 1A. See paragraph [108]. Also see paragraphs [14], [44], and [62].) and at least one second electrode (reference electrode 5 or counter electrode 6 in Figure 1A. See paragraph [108]. Also see paragraphs [14], [44], and [62]) and an electrolyte (see the Abstract) for an electrochemical gas sensor (see the title and Abstract), wherein the electrolyte contains at least one cyclic compound (pyridinium – paragraphs [17] and [18]).
However, D8 does not disclose a cyclic compound corresponding to formula (I)( [(A)R1R2]+[Y]) of claim 1 of U.S. application 18/693588. While D8 does disclose A being pyridinium, R2 being a hydrogen atom or a hydrocarbon radical with 1, 2, 3 or 4 C atoms; and Y being a halide, alkyl sulfonate, halogenated alkyl sulfonate, or acetate, D8 does not disclose “wherein the radical R1 is arranged at the nitrogen atom of the ring structure A; [and] wherein R1 is a hydrocarbon radical with 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 or 12 C atoms; . . . .” For example, D8 discloses
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See also D8 claims 9 and 10.
Also, D8 does not disclose, as required by clam 1 of the U.S. application, “wherein the electrolyte contains at least one cyclic compound and at least 5 wt. % water, . . . .” D8 only discloses that organic additives, which may contain water, may be included in the electrolyte in an amount of 0.05 to 5.0 weight percent. See D8 claim 5 and paragraph [86]. In this regard not the D8 provides a reservoir 7 for absorbing water from hygroscopic electrolyte. See D8 paragraphs [108] and [109].
D9 , based on an EPO machine-generated English language translation, “. . . . relates to agents for dyeing and/or brightening keratinous fibers, i.e.
Agents for application to keratin fibers, especially human hair, and their use.” See paragraph [0002]. There is no mention in the document of an electrochemical gas sensor or a sensor of any type, electrochemical or otherwise.
a)(ii) the European Search Report for application no. 21198500.7 – 1020 cites eight documents, D1-D8, which correspond, respectively, to documents D1-D8 cited in the Written Opinion and which have already been commented upon in regard to claim 28 in the U.S. application.
b) claims 29-56 depend directly or indirectly form allowable claim 28.
c) independent claim 57 in the U.S. application is allowable for the same reasons that claim 28 is, as discussed above.
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.”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER STEPHAN NOGUEROLA whose telephone number is (571)272-1343. The examiner can normally be reached on Monday - Friday 9:00AM-5:30 PM EST.
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 on 571 272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALEXANDER S NOGUEROLA/ Primary Examiner, Art Unit 1795
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