UNITED STATES PATENT AND TRADEMARK OFFICE
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`
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.mptogov
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`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONFIRMATION NO.
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`15/032,232
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`04/26/2016
`
`Yuya SUZUKI
`
`MIYAPOIOIWOUS
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`6038
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
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`CLEVELAND, OHIO 44115
`
`SALTER: AARON J
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`PAPER NUMBER
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`1724
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`NOTIFICATION DATE
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`DELIVERY MODE
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`02/28/2018
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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
`following e-mail address(es):
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`ipdocket@rennerotto.com
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`PTOL-QOA (Rev. 0407)
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`

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`017709 A0110” Summary
`
`Application No.
`15/032,232
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`Examiner
`AARON J SALTER
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`Applicant(s)
`SUZUKI et al.
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`Art Unit
`1724
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`AIA Status
`Yes
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`- The MAILING DA TE ofthis communication appears on the cover sheet with the correspondence address -
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 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.
`If 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 2/15/18
`.
`D A declaration(s)laffidavit(s) under 37 CFR 1.130(b) was/were filed on
`2a)[:| This action is FINAL.
`2b)
`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)I:| 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 Exparfe 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 10-11 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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`6) El Claim(s)
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`is/are allowed.
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`7)
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`8)
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`Claim(s) 1,3-5,7-8 and 10-11 is/are rejected.
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`I] Claim(s)
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`is/are objected to.
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`
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`are subject to restriction and/or election requirement
`9) El Claim(s)
`* If any claims have been determined allowable, 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:llwww.uspto.govlpatents/init_events/pphlindex.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
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`10)l:| The specification is objected to by the Examiner.
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`is/are: a)[:| accepted or b)|:| objected to by the Examiner.
`11)|:| The drawing(s) filed on
`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).
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`Priority under 35 U.S.C. § 119
`12)l:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or ( ).
`Certified copies:
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`a)I:I All
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`b)l:l Some**
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`c)I:I 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.l:|
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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) [3 Notice of References Cited (PTO-892)
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`2) D Information Disclosure Statement(s) (PTOISBIOSa andfor PTOISBIOBb)
`Paper No(s)lMail Date
`US. Patent and Trademark Office
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`3) |:| Interview Summary (PTO—413)
`Paper No(s)/Mail Date
`4) D Other'
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`PTOL—325 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper NoJMail Date 20180220
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`

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`Application/Control Number:15/032,232
`Art Unit:1724
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`Page2
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`DETAILED ACTION
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`Notice ofPre-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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`Continued Examination Under 37 CFR 1.114
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`A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR
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`1.17(e), was filed in this application after final rejection. Since this application is eligible for continued
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`examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the
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`finality ofthe previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's
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`submission filed on 2/15/18 has been entered.
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`Remarks
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`2.
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`The amendment filed July 11th, 2017 has been entered. Claims 1, 3-5, 7-8, and 10-11 remain
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`pending in the application with claims 2, 6, and 9 previously cancelled. Claim 1 has been amended by
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`the Applicant and claims 10—11 added by the Applicant.
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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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`3.
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`Claims 1, 3-5, 7-8 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
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`Yamazawa et al. (US 20120003504 A1) (as cited on the IDS 4/26/16).
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`4.
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`Regarding claim 1, Yamazawa discloses a microbial fuel cell (Abstract) comprising: a liquid (S)
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`comprising organic matter (11) [0024] (Figs. 1 8: 2); an anode (10) placed in the liquid comprising the
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`

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`Application/Control Number:lS/032,232
`Art Unit:1724
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`Page3
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`organic matter [0035]; an air cathode (15) having an air intake portion (22) ([0028], [0032]) for taking air
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`into the air cathode; and an oxygen—blocking portion (the top of the airtight hollow cassette 20; see Figs.
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`3A & 3D reproduced below) for blocking oxygen from dissolving in the liquid comprising the organic
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`matter through the surface ofthe liquid comprising the organic matter, the oxygen—blocking portion
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`having floating properties (floating is defined as "being suspended in/on fluid” and the airtight hollow
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`cassette 20 is suspended from the covering cap 29 by the inlet 22 and the outlet 22 furthermore the
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`airtight hollow cassette 20 floats because it is hollow; [0032]) for the liquid comprising the organic
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`matter, the oxygen-blocking portion being directly in contact with the surface ofthe liquid comprising
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`the organic matter (the liquid level is between the entrance 4 and the gas feeder 7 to keep the anode
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`submerged in the liquid; [0039] & see Fig. 2 reproduced), the air intake portion passing through the
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`oxygen-blocking portion (see Fig. 3D reproduced below).
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`
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`Oxygen-blocking portion
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`

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`Application/Control Number:lS/032,232
`Art Unit:1724
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`Page4
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`
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`a m»
`._ I‘.
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` \\\\\\\
`\\\\\\\
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`.2 s\
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` Oxygen-blocking portion
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`5.
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`Regarding claim 3, Yamazawa discloses all the limitaitons of the microbial fuel cell above and
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`further discloses wherein the oxygen-blocking portion floats on the surface of the liquid comprising the
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`organic matter (the liquid level is between the entrance 4 and the gas feeder 7 to keep the anode
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`submerged in the liquid; [0039] & see Fig. 2 above).
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`6.
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`Regarding claims 4 and 7, Yamazawa discloses all the limitations of the microbial fuel cell above
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`and further discloses wherein the oxygen—blocking portion is in contact with the air cathode (Fig. 2).
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`7.
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`Regarding claims 5 and 8, Yamazawa discloses all the limitations of the microbial fuel cell above
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`and further discloses wherein the oxygen—blocking portion is coupled to the air cathode (Fig. 2).
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`8.
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`Regarding claim 10, Yamazawa discloses all the limitations of the microbial fuel cell above and
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`further discloses wherein the air cathode comprises cathodes (15) (Fig. 3E) and an air chamber (24 or
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`27) between the cathodes (Figs. 3D & 3E) [0032], the cathodes and the air chamber placed in the liquid
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`[0035].
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`

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`Application/Control Number:1S/O32,232
`Art Unit:1724
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`PageS
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`9.
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`Regarding claim 11, Yamazawa discloses all the limitations of the microbial fuel cell above and
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`further discloses wherein the air cathode is one of a plurality ofair cathodes (Fig. 3E) having an air
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`intake portion (22) for taking air into the air cathode (Fig. 2), each ofthe plurality of air cathodes
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`comprising a cathode (Fig. 2), and the anode is located between the respective cathodes of the plurality
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`of air cathodes (Fig. 2).
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`Response to Arguments
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`10.
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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 ofthe references being used in the current rejection.
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`Conclusion
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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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`

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`Application/Control Number:lS/O32,232
`Art Unit:1724
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`Page6
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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
`
`2/22/2018
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`