UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`15/032,232
`
`04/26/2016
`
`Yuya SUZUKI
`
`MIYAP0101WOUS
`
`6038
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OH 44115
`
`SALTEK AARON J
`
`ART UNIT
`1724
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`11/06/2018
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
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`ipdoeket@rennerotto.eom
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`PTOL-90A (Rev. 04/07)
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`

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`Off/09 A0170” Summary
`
`Application No.
`15/032,232
`Examiner
`AARON J SALTER
`
`Applicant(s)
`SUZUKI et al.
`Art Unit
`1724
`
`AIA Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`Status
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`1). Responsive to communication(s) filed on 5/29/18.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
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`2b) C] This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`5)
`Claim(s)
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`1,3—5,7—8 and 10—12 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) 1,3—5,7—8 and 10—12 is/are rejected.
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`[:1 Claim(s)
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`is/are objected to.
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`) ) ) )
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`6 7
`
`8
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`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
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`is/are: a)D accepted or b)l:] objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)D All
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`b)[:l Some”
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`c)C] None of the:
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`1.[:]
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`Certified copies of the priority documents have been received.
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`2.[:]
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`Certified copies of the priority documents have been received in Application No.
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`3.[:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) C] Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date m.
`U.S. Patent and Trademark Office
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`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) D Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20181030
`
`

`

`Application/Control Number: 15/032,232
`Art Unit: 1724
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
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`Remarks
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`2.
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`The amendment filed May 29th, 2018 has been entered. Claims 1, 3-5, 7-8, and 10-12 remain
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`pending in the application with claim 1 amended and claim 12 added by the applicant.
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`Information Disclosure Statement
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`3.
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`The information disclosure statement (IDS) submitted on 3/20/18 was filed after the mailing
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`date of the Non-Final Action on 2/28/18. The submission is in compliance with the provisions of 37
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`CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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`4.
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`Claim 1 is objected to because of the following informalities:
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`Claim Objections
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`a. Claim 1, lines 10-11, ”the fluctuation of the position” should be changed to read ”a
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`fluctuation of a position” (underlined and bolded for emphasis) due to a lack of antecedent
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`basis
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`Appropriate correction is required.
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis
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`for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(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.
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`5.
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`Claims 1, 3-5, 7-8, and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee
`
`et al. (KR 20090091878 A, see also machine translation previously provided).
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`

`

`Application/Control Number: 15/032,232
`Art Unit: 1724
`
`Page 3
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`6.
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`Regarding claim 1, Lee discloses a microbial fuel cell (translation; P1:Paragraph 1:L1) comprising:
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`a liquid (10) comprising organic matter (translation; microorganisms; P3:Paragraph 1:L9) (translation;
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`water; P3:Paragraph 2:L7); an anode (110) placed in the liquid (Fig. 3) comprising the organic matter; an
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`air cathode (130) (Fig. 3) having an air intake portion (spaces between individual vertical air cathode
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`rods and the sections holding the individual air cathode rods; Fig. 3) for taking air into the air cathode;
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`and an oxygen-blocking portion (140) (Fig. 3) for blocking oxygen from dissolving (the oxygen-blocking
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`portion is on the surface of the liquid and is thus capable of blocking oxygen; Fig. 3) in the liquid
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`comprising the organic matter through the surface of the liquid comprising the organic matter, the
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`oxygen-blocking portion having floating properties (translation; buoyant body; P3:Paragraph 2:L1) for
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`the liquid comprising the organic matter, the oxygen-blocking portion being directly in contact with the
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`surface of the liquid comprising the organic matter (Fig. 3), the oxygen blocking portion being so placed
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`that the oxygen-blocking portion is capable of fluctuating following a fluctuation of a position of the
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`liquid surface (translation; P2:”Summary of the Invention”), the air intake portion passing through the
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`oxygen-blocking portion (sections holding the individual air cathode rods; Fig. 3).
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`7.
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`Regarding claim 3, Lee discloses all the limitations of the microbial fuel cell above and further
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`discloses wherein the oxygen-blocking portion floats on the surface of the liquid comprising the organic
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`matter (Fig. 3).
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`8.
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`Regarding claims 4 and 7, Lee discloses all the limitations of the microbial fuel cell above and
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`further discloses and the oxygen-blocking portion is in contact with the air cathode (the air cathode is
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`physically coupled to the oxygen-blocking portion; Fig.3).
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`9.
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`Regarding claims 5 and 8, Lee discloses all the limitations of the microbial fuel cell above and
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`further discloses and the oxygen-blocking portion is coupled to the air cathode (the air cathode is
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`physically coupled to the oxygen-blocking portion; Fig.3).
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`

`

`Application/Control Number: 15/032,232
`Art Unit: 1724
`
`Page 4
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`10.
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`Regarding claim 10, Lee discloses all the limitations of the microbial fuel cell above and further
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`discloses wherein the air cathode comprises cathodes (Fig. 3) and an air chamber (translation; the
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`oxygen-block portion is made of expanded polystyrene which necessarily has trapped air pockets, these
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`trapped air pockets read on the claimed ”an air chamber”; P2:”Summary of the Invention”) between the
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`cathodes, the cathodes and the air chamber placed in the liquid (see Fig. 3 reproduced below).
`
`,
`.
`.
`P
`.
`‘
`Au mtaii-
`— '
`
`
`
`Oxvgewblccking
`,
`t
`portion
`Ow“
`..
`‘ ——
`\‘ Avg"
`
`
`
`t
`
`...........................................
`1
`:
`'5
`g
`5
`r
`
`‘
`
`\“
`
`
`
`
`
`\
`
`\\'
`
`‘1
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`Location of air
`chamber
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`
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`
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`11.
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`Regarding claim 11, Lee discloses all the limitations of the microbial fuel cell above and further
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`discloses wherein the air cathode is one of a plurality of air cathodes (the first and fourth in a series of
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`air cathodes 130, the first and fourth air cathodes reading on ”a plurality of air cathodes”; see Fig. 3
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`reproduced below) having an air intake portion (see Fig. 3 reproduced below) for taking air into the air
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`cathode, each of the plurality of air cathodes comprising a cathode, and the anode (the third in a series
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`of anodes 110 reading on ”the anode”; see Fig. 3 reproduced below) is located between the respective
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`cathodes of the plurality of air cathodes.
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`

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`Application/Control Number: 15/032,232
`Art Unit: 1724
`
`Page 5
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`
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`Oxygen—blocking
`portion
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`
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`Location of air
`chamber
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` \
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`\\\\~§
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
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`set forth in this Office action:
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`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.
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`The factual inquiries set forth in Graham v. John Deere C0,, 383 U.S. 1, 148 USPQ 459 (1966),
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`that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are
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`summarized as follows:
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`1. Determining the scope and contents of the prior art.
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`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`

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`Application/Control Number: 15/032,232
`Art Unit: 1724
`
`Page 6
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`4. Considering objective evidence present in the application indicating obviousness or
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`nonobviousness.
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`12.
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`Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over by Lee et al. (KR
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`20090091878 A, see also machine translation previously provided) as applied to claim 1 above.
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`13.
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`Regarding claim 12, Lee discloses all the limitations of the microbial fuel cell above and further
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`discloses that the oxygen-blocking portion holds a plurality of air cathodes (Fig. 3). Furthermore, Lee
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`discloses that by increasing the number of cathodes, the maximum surface area interacting with the
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`liquid comprising organic matter increases as thus the current production amount of the microbial fuel
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`cell increases (translation:P2:”summary of the invention”). Therefore by increasing the contact area of
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`the oxygen-blocking portion in 100% of the total surface area of the liquid surface, the number of sites
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`for the placement of air cathodes increases which thus will necessarily increase the current production
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`amount of the microbial fuel cell.
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`14.
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`Thus, in an effort to maximize the current production amount, the skilled artisan would have
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`found it obvious to maximize the contact area of the oxygen-blocking portion in 100% of the total
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`surface area of the liquid surface such that the contact area is within the claimed range of 50% in order
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`to maximize the number of air cathodes allowing for the microbial fuel cell to produce more current.
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`15.
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`It would have been obvious to one of ordinary skill in the art at the time the application was
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`filed to increase the contact area of the oxygen-blocking portion of Lee to within the claimed range in
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`order to increase the total surface area of the cathodes allowing the microbial fuel cell to increase its
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`current production and the skilled artisan would have a reasonable expectation of success of doing so.
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`Response to Arguments
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`16.
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`Applicant’s arguments with respect to claim 1 have been considered but are moot because the
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`arguments do not apply to any of the references being used in the current rejection.
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`Conclusion
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`

`

`Application/Control Number: 15/032,232
`Art Unit: 1724
`
`Page 7
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this Office
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`action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the
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`extension of time policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE MONTHS from
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`the mailing date of this action.
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`In the event a first reply is filed within TWO MONTHS of the mailing date
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`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
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`shortened statutory period, then the shortened statutory period will expire on the date the advisory
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`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing
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`date of the advisory action.
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`In no event, however, will the statutory period for reply expire later than
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`SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to AARON J SALTER whose telephone number is (469)295-9103. The examiner can
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`normally be reached on M-F 9:00-6:00.
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
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`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Miriam Stagg can be reached on (571) 270-5256. The fax phone number for the organization where this
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`application or proceeding is assigned is 571-273-8300.
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`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-
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`direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic
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`

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`Application/Control Number: 15/032,232
`Art Unit: 1724
`
`Page 8
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer
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`Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR
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`CANADA) or 571-272-1000.
`
`/AARON J SALTER/
`Examiner, Art Unit 1724
`
`/JONATHAN G LEONG/
`
`Primary Examiner, Art Unit 1725
`10/31/2018
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`