`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF CONINJERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 223 13-1450
`www.uspto.gov
`
`APPLICATION NO.
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`F[L]NG 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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`15/453,376
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`03/08/2017
`
`Yuya SUZUKI
`
`MTYAPOIOIWOUSA
`
`5378
`
`”m” —MARKD. SARALINO(1»AN) m
`”9"
`“92‘
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`SALTERJARONJ
`1621 EUCLID AVENUE
`19TH FLOOR
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`PAPER NUMBER
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`ART UNIT
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`CLEVELAND, OH 441 15
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`1724
`
`NOTIFICATION DATE
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`DELIVERY MODE
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`10/2712017
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`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`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
`
`PTOL-90A (Rev. 04/07)
`
`

`

`017709 A0110” Summary
`
`Application No.
`15/453,376
`
`Examiner
`AARON J SALTER
`
`Applicant(s)
`SUZUKI et al.
`
`Art Unit
`1724
`
`AIA Status
`Yes
`
`- The MAILING DA TE ofthis communication appears on the cover sheet with the correspondence address -
`Period for Reply
`
`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).
`
`Status
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`1). Responsive to communication(s) filed on 3/16/17
`.
`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.
`
`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"
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`5). Claim(s) 6 and 9 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)I:| Claim(s)
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`is/are allowed.
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`7). Claim(s) 6 and 9 is/are rejected.
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`8)[:| Claim(s)
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`is/are objected to.
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`are subject to restriction and/or election requirement.
`9)I:| Claim(s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`
`http:llwww.usptogovlpatents/init events/pphlindexjsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
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`10)l:| The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 08 March 2017 is/are: a). accepted or b)|:| objected to by the Examiner.
`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 1.1 21 (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 ( ).
`Certified copies:
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`a)- All
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`b)|:l Some**
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`c)|:l 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.I:l 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)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
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`1)
`
`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTOISBIOSa andfor PTOISBIOBb)
`2)
`Paper No(s)lMail Date 3/8/17 and 5/23/17 .
`US. Patent and Trademark Office
`
`3) |:| Interview Summary (PTO—413)
`Paper No(s)fMail 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 20171024
`
`

`

`Application/Control Number:1S/4S3,376
`Art Unit:1724
`
`Page2
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`DETAILED ACTION
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`Notice ofPre-AIA or AM Status
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`1. The present application, filed on or after March 16, 2013, is being examined under the first inventor
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`to file provisions of the AIA.
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`Claim Rejections - 35 USC § 102
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`2. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for
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`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. Claims 6 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (KR
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`20090091878 A (English language translation provided).
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`4. Regarding claim 6, Lee discloses a microbial fuel cell (translation; P1:Paragraph 1:L1) comprising: a
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`liquid comprising organic matter (microorganisms; translation; P3:Paragraph 1:L9) (water;
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`translation; P3:Paragraph 2:L7); an anode (110) placed in the liquid (Fig. 3) comprising the organic
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`matter an air cathode (130) (Fig. 3) having an air intake portion (spaces between individual vertical
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`positive electrode rods; Fig. 3) for taking air into the air cathode; and an oxygen-blocking portion
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`(140) (Fig. 3) for blocking oxygen from dissolving (the oxygen-blocking portion is on the surface of
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`the liquid and is thus capable of blocking oxygen; Fig. 3) in the liquid comprising the organic matter
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`through the surface ofthe liquid comprising the organic matter, the oxygen-blocking portion having
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`floating properties (buoyant body; translation; P3:Paragraph 2:L1) for the liquid comprising the
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`organic matter, wherein the oxygen—blocking portion is coupled to the air cathode and the anode
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`(the anode is connected to the oxygen-blocking portion via the wire (130) and the air cathode is
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`physically coupled to the oxygen-blocking portion; Fig. 3).
`
`

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`Application/Control Number:lS/4S3,376
`Art Unit:1724
`
`Page3
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`5. Regarding claim 9, Lee discloses a microbial fuel cell (translation; P1:Paragraph 1:L1) comprising: a
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`liquid comprising organic matter (microorganisms; translation; P3:Paragraph 1:L9) (water;
`
`translation; P3:Paragraph 2:L7); an anode (110) placed in the liquid (Fig. 3) comprising the organic
`
`matter an air cathode (130) (Fig. 3) having an air intake portion (spaces between individual vertical
`
`positive electrode rods; Fig. 3) for taking air into the air cathode; and an oxygen-blocking portion
`
`(140) (Fig. 3) for blocking oxygen from dissolving (the oxygen-blocking portion is on the surface of
`
`the liquid and is thus capable of blocking oxygen; Fig. 3) in the liquid comprising the organic matter
`
`through the surface ofthe liquid comprising the organic matter, the oxygen-blocking portion having
`
`floating properties (buoyant body; translation; P3:Paragraph 2:L1) for the liquid comprising the
`
`organic matter, wherein the oxygen—blocking portion floats on the surface of the liquid comprising
`
`the organic matter (Fig. 3), and the oxygen—blocking portion is coupled to the air cathode and the
`
`anode (the anode is connected to the oxygen—blocking portion via the wire (130) and the air cathode
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`is physically coupled to the oxygen—blocking portion; Fig. 3).
`
`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.
`
`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
`
`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,
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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:1S/4S3,376
`Art Unit:1724
`
`Page4
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`
`/AJS/
`Examiner, Art Unit 1724
`
`[JONATHAN G LEONG/
`
`Primary Examiner, Art Unit 1725
`
`10/24/2017
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`