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`\.\_:
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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`wwwusptogov
`
`
`
`
`
`13/984,413
`
`08/08/2013
`
`Kenichi Tokuhiro
`
`20296.0022USWO
`
`4464
`
`02’09’20” —HAMRE, SCHUMANN,MUELLER&LARSONP.C. m
`7590
`53148
`45 South Seventh Street
`ALAM, RASHID A
`Suite 2700
`MINNEAPOLIS, MN 55402- 1683
`
`PAPER NUMBER
`
`ART UNIT
`1721
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/09/2017
`
`ELECTRONIC
`
`Please find below and/0r 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):
`PTOMail @hsml.com
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 13/984,413 TOKUHIRO ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`RASHID ALAM its“ 1721
`
`-- The MAILING DA TE of this communication appears on the cover sheet with 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 CFR1. 136( a).
`after SIX () 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).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 06/01/2016.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I 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.
`
`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 Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 1 and 4-22 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s) 1 and4-22is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I: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
`hit
`:/'/\W¢W.LISI>I‘.0. ovI’ atentS/init events/
`
`
`
`h/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)I:I 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 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)IZl All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`SIXI 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)
`
`
`
`3) D Interview Summary (PTO-413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20160903
`
`

`

`Application/Control Number: 13/984,413
`
`Page 2
`
`Art Unit: 1721
`
`DETAILED ACTION
`
`1.
`
`The applicant’s request for reconsideration filed on 06/01/2016 was
`
`received. Claim 1 was amended. Claim 22 was added.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102 of this title, if the differences between the subject matter sought to
`be patented and the prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having ordinary skill in the art to which
`said subject matter pertains. Patentability shall not be negatived by the manner in which the
`invention was made.
`
`2.
`
`Claims 1, 4-9, 11-16, and 20-22, are rejected under pre-AIA 35 U.S.C. 103(a) as
`
`being unpatentable over Schmittman (US 2002/0090868) in view of Yokoyama (US
`
`2009/0011299).
`
`Schmittman teaches an energy system comprising of a fuel cell 22, a solar
`
`hydrogen producing system 28, 18, and a water distribution system 12, 14, 15,16,20
`
`(abstract, fig. 2, [0017], [0037]-[0038], [0029], [0009], [0010], [0025]). The electrical
`
`source 28 is powered by solar electrical system which powers the hydrogen producing
`
`unit ([0029]). The hydrogen producing unit produced hydrogen by breaking down water
`
`([0029]). Schmittman teaches the use of a water purification device 16 ([0009], fig. 1,
`
`[0025]). Schmittman teaches a hydrogen storage tank 24 ([0027], fig. 1). Schmittman
`
`teaches heat exchanger 36 ([0037], fig. 2). Schmittman teaches an external water
`
`supply 15 (fig. 2). Pre-filtered and purified water could be introduced directly into the
`
`product water storage tank 20 through an external valve 15 ([0025]). The solar unit 28
`
`

`

`Application/Control Number: 13/984,413
`
`Page 3
`
`Art Unit: 1721
`
`powers the water-to-hydrogen conversion device 18 (figs. 2 and 4) and therefore act as
`
`a solar hydrogen producing unit. A first path is connected from the purifier to the water-
`
`to-hydrogen conversion device 18 (figs. 2 and 4). A second liquid path is connected
`
`from the water purifier to the fuel cell (figs. 2 and 4). Therefore the components are
`
`fluidly connected. However, Schmittman is silent about the water purifier purifies water
`
`discharged from the fuel cell and a water supply unit that receives external water.
`
`Yokoyama teaches a fuel cell system as shown:
`
`(is
`
`
`
`Yokoyama teaches a control unit 40, a water purifier 71, a fuel cell 2, and a water
`
`distribution system 75, PU3, 8V5 (fig. 1). The controller controls all of the components
`
`

`

`Application/Control Number: 13/984,413
`
`Page 4
`
`Art Unit: 1721
`
`of the fuel cell system (fig. 1). As can be seen, the water exits the fuel cell stack 2 and
`
`recirculates back in the system through the water purifier (fig. 1).
`
`Yokoyama teaches an energy system comprising of a fuel cell and a water
`
`refining unit ([0045]), which is taken as the water purifier of the claims. The water is
`
`purified in the water purifier 71 to avoid contamination of pipes due to unanticipated
`
`backflow of the water and avoiding contamination in the water reservoir 70 ([0105]).
`
`Since both Schmittman and Yokotama both teach a fuel cell system comprising the flow
`
`of water through pipings with water purifiers, they are analogous art.
`
`It would be obvious to substitute the water purifier from Yokoyama in
`
`Schmittman, because Yokoyama teaches material in system in similar way and this is a
`
`simple substitution of one known prior art element for another in order to achieve
`
`predictable results.
`
`Regarding claims 12 and 13, the pipe 23 by which the water is flowed is the
`
`water storage equipment and the water is present in the pipe, which is temporarily
`
`stored. Since the claim states “temporarily stored”, the pipe by which the water exits the
`
`fuel is the water storage equipment (see fig. 2 of Schmittman). Further Schmittman
`
`teaches a heat exchanger 36 which is taken as the first cooler of claims 13 and 14 (fig.
`
`2, [0037]).
`
`Regarding claim 4, Schmittman teaches above. However, Schmittman is silent
`
`about a water level sensor.
`
`Yokoyama teaches a control unit 40, a water purifier 71, a fuel cell 2, a water
`
`level sensor 14, and a water distribution system 75, PU3, 8V5 (fig. 1, [0048]). The
`
`

`

`Application/Control Number: 13/984,413
`
`Page 5
`
`Art Unit: 1721
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`water level sensor detects the water level of the condenser ([0048]). The sensor
`
`detects when a drainage is needed ([0048]). Since the water is recirculated back in the
`
`system, the water that is drained is used in the system ([0048]). Thus, Yokoyama
`
`teaches a water level sensor in order to recirculate the water in the system and avoid
`
`the water to buildup in the system (the avoiding of buildup of water in the system is
`
`taught in [0048] such that the water does not exceed a predetermined volume).
`
`Therefore, it would have been obvious to one skilled in the art at the time of the
`
`invention to have a an energy system comprising a solar hydrogen producing unit
`
`comprising of a water level sensor, because Yokoyama teaches a water level sensor in
`
`an energy system that recirculates water in the system in order to recirculate the water
`
`in the system and avoid the water to buildup in the system.
`
`Regarding claim 5, the limitation of “the set value is set to a water level at which
`
`an electrode unit of the solar hydrogen producing unit is not exposed from an
`
`electrolyte” is an intended use type limitation. The set value is done by the water level
`
`sensor as taught by Yokoyama above. Yokoyama teaches the water level sensor
`
`detects the water level of the condenser ([0048]). Yokoyama teaches the sensor
`
`detects when a drainage is needed ([0048]). The set value being set to a water level at
`
`which an electrode unit of the solar hydrogen producing unit is not exposed from an
`
`electrolyte can be accomplished by the water level sensor of Yokoyama.
`
`Regarding claim 20, the system uses hydrogen gas as the fuel gas ([0023] of
`
`Schmitmann). The way a fuel cell functions is that hydrogen is fed to the anode side, so
`
`this claim is met.
`
`

`

`Application/Control Number: 13/984,413
`
`Page 6
`
`Art Unit: 1721
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`Regarding claim 21, since water is discharged from the fuel cell 22 (figs. 2 and 4
`
`of Schmittman), it would have to have been discharged from the cathode side, because
`
`the way a fuel cell functions is the hydrogen gas is fed to the anode side and reacted at
`
`the cathode side. As long as there is a discharge path from the fuel cell 22, the first
`
`liquid path is fluidly connected to the cathode chamber.
`
`Regarding the limitations in claims 1 and 5-14, these are intended use type
`
`limitations. The limitations of claims 1 and 5-14 state:
`
`“that produces hydrogen through decomposition of water by a photocatalytic
`
`function (this is accomplished by the hydrogen producing unit produced hydrogen by
`
`breaking down water in see paragraph [0029] of Schmittman),
`
`that generates electricity with a reaction between the hydrogen generated by the
`
`solar hydrogen producing unit and an oxidizing gas and discharges water as a reaction
`
`product (this is the definition of a function of a fuel cell which is accomplished by fuel
`
`cell 22 of Schmittman);
`
`that returns water serving as the reaction product discharged from the fuel cell to
`
`the solar hydrogen producing unit (this is seen in figs. 2 and 4 of Schmittman where the
`
`waste water vapor is returned after discharged from the fuel cell 22 [0012], [0037], figs.
`
`2 and 4 of Schmittman),
`
`that purifies water discharged from the fuel cell and a water supply unit that
`
`receives external water, causes the water purifier to purify water supplied from the water
`
`supply unit and water discharged from the fuel cell, and sends the purified water to the
`
`solar hydrogen producing unit (Schmittman teaches the solar unit 28 is connected to the
`
`

`

`Application/Control Number: 13/984,413
`
`Page 7
`
`Art Unit: 1721
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`device 18 which receives water from the purifier 16 and fuel cell stack 22 as shown in
`
`fig. 2 of Shmittman. Since the water is shared by all of these components, the purifier
`
`16 shares water that is discharged from the fuel cell that in the device 18 as shown in
`
`fig. 2 of Schmittman. The shared water is purified in the device 18.),
`
`the water level sensor sends a signal to a control unit when the water level
`
`decreases to a set value set in advance, causes the water supply unit to supply a
`
`predetermined amount of conducting water to the solar hydrogen producing unit upon
`
`receiving the signal: the water level sensor is taught in Yokoyama as a water level
`
`sensor 14 (fig. 1, [0048]). Further, the controller is connected to pumps PU1-PU3,
`
`which allows the increase and decrease of water (fig. 1). Since the water level sensor is
`
`connected to the controller, and the controller controls the amount of water supplied, it
`
`would have been able to accomplish these limitations (see fig.
`
`1 of Yokoyama).
`
`sends part of water purified by the water purifier to the fuel cell, removes heat
`
`generated by the fuel cell, and humidifies an interior of the stack of the fuel cell (since
`
`the water distribution system is located within the closed system and the water is
`
`provided back in to the system, these limitations would have been able to be
`
`accomplished (see fig. 1 and [0045] of Yokoyama)).
`
`causes the water purifier to purify water remaining after the interior of the stack
`
`of the fuel cell is humidified and water serving as a reaction product discharged from the
`
`fuel cell (since the water distribution system is located within the closed system and the
`
`water is provided back in to the system, any unreacted water will be humidified and
`
`these limitations would have been able to be accomplished (see [0045] of Yokoyama)).
`
`

`

`Application/Control Number: 13/984,413
`
`Page 8
`
`Art Unit: 1721
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`that decomposes water into hydrogen and oxygen, a second electrode
`
`electrically connected to the first electrode, that retains an electrolyte containing at least
`
`water (this is accomplished by hydrogen producing unit produced hydrogen by breaking
`
`down water, see [0029] of Schmittman).
`
`that stores hydrogen produced by the solar hydrogen producing unit and
`
`supplies the hydrogen to the fuel cell (this is accomplished by the hydrogen storage
`
`because there is a space available within the storage that is designated for storing the
`
`hydrogen (see fig. 1 and [0027] of Schmittman),
`
`Since a controller 40 of Yokoyama is connected to all of the components of the
`
`system (fig. 1), the functions described above are capable of being performed. All of
`
`these limitations are intended use type limitations that describe the intended use of the
`
`components of the fuel cell system in the claims. These limitations are not given
`
`patentable weight. 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. lnterchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) (Claims to a printing ink
`
`comprising a solvent having the vapor pressure characteristics of butyl carbitol so that
`
`the ink would not dry at room temperature but would dry quickly upon heating were held
`
`invalid over a reference teaching a printing ink made with a different solvent that was
`
`nonvolatile at room temperature but highly volatile when heated in view of an article
`
`which taught the desired boiling point and vapor pressure characteristics of a solvent for
`
`printing inks and a catalog teaching the boiling point and vapor pressure characteristics
`
`of butyl carbitol. “Reading a list and selecting a known compound to meet known
`
`

`

`Application/Control Number: 13/984,413
`
`Page 9
`
`Art Unit: 1721
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`requirements is no more ingenious than selecting the last piece to put in the last
`
`opening in ajig-saw puzzle.” 325 U.S. at 335, 65 USPQ at 301.).
`
`It is seen that the
`
`components of the fuel cell system of Yokoyama are in the same configuration and
`
`placement as stated in the instant claims 1 and 4-14.
`
`Regarding claims 8 and 9, the water distribution system is the water purification
`
`device 16, the water supply 12, heat exchanger 36, water tank 20 (fig. 4 of
`
`Schmitmann).
`
`It is shown in fig. 4 of Schmitmann that water is going to purifier, that
`
`water is recovered, and fed back to the fuel cell (fig. 4 of Schmitmann). Any unreacted
`
`water is still humidified. The heat exchanger 36 removes heat from generated by the
`
`fuel cell after the water is discharged from the fuel cell since it is discharged to the heat
`
`exchanger (see fig. 4 of Schmitmann).
`
`Regarding claims 15 and 16, Schmitmann teaches a heat exchanger 36
`
`cooling/condensing the water discharged from the fuel cell 22 (fig. 2). The heat
`
`exchanger 36 is taken as the second cooler. The examiner is taking the first cooler and
`
`the second cooler of the claims to be the same cooler since they are not differentiated in
`
`the claims because they depend on claim 1.
`
`Regarding claim 22, Yokoyama teaches a pump PU3 to flow the water through
`
`the system for recycling ([0046] and fig. 1). Since the pump is utilized to flow the water
`
`through the system, one skilled in the art at the time of the invention would have
`
`recognized to move the pump from one side of the water purifying unit to the other side,
`
`or the inlet side which is taken as the first liquid path. Therefore, it would have been
`
`

`

`Application/Control Number: 13/984,413
`
`Page 10
`
`Art Unit: 1721
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`obvious to one having ordinary skill in the art at the time the invention was made to modify the
`
`apparatus of Yokoyama to have a pump on the first liquid path, as such modification would
`
`involve a mere change in configuration.
`
`It has been held that a change in configuration of
`
`shape of a device is obvious, absent persuasive evidence that a particular configuration is
`
`significant.
`
`In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
`
`3.
`
`Claims 10 and 17-19 are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Schmittman (US 2002/0090868) and Yokoyama (US 2009/0011299),
`
`as applied to claim 1, in view of Hado (WO 2010146849 A1 with US 20110174610 A1
`
`as an English equivalent).
`
`Regarding claims 10 and 17-19, Schmittman and Yokoyama teach as stated
`
`above. Schmittman teaches all of the components of the fuel cell system are connected
`
`to allow the passage of fluid throughout the system as shown:
`
`

`

`Application/Control Number: 13/984,413
`
`Page 11
`
`Art Unit: 1721
`
`
`
`(figs. 2 and 4). Since
`
`there is a fluid connection, this fluid connection serves as a path that connects the
`
`purifier to the outlet to the cathode chamber (figs. 2 and 4). Yokoyama also teaches the
`
`fuel cell components as claimed and in the same configuration as that of the instant
`
`claims. However, Schmittman and Yokoyama are silent about the solar hydrogen
`
`producing unit comprises a housing and an electrode unit, the electrode unit comprises
`
`a photocatalytic semiconductor electrode and a counter electrode, and the
`
`photocatalytic semiconductor electrode comprises a conductive substrate and a
`
`photocatalytic semiconductor layer formed on the surface of the conductive substrate.
`
`Hado teaches a photoelectrochemical cell (1) for a fuel cell ([0057]) is a
`
`photoelectrochemical cell for decomposing water by irradiation with light so as to
`
`produce hydrogen. This photoelectrochemical cell (1) includes: a conductive substrate;
`
`

`

`Application/Control Number: 13/984,413
`
`Page 12
`
`Art Unit: 1721
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`a first electrode (optical semiconductor electrode (3)) including an optical semiconductor
`
`and disposed on a first main surface of the conductive substrate; a second electrode
`
`(counter electrode (4)) disposed in a region on the first main surface of the conductive
`
`substrate where the first electrode is not disposed; an electrolyte containing water and
`
`disposed in contact with a surface of the first electrode and a surface of the second
`
`electrode; a rib (5) formed to separate a space above the surface of the second
`
`electrode from a space above the surface of the first electrode and to extend along a
`
`flow direction of a gas produced on the surface of the second electrode, the rib being
`
`formed of a material that allows ions to pass therethrough and prevents a gas from
`
`passing therethrough; and a container (2) containing the conductive substrate, the first
`
`electrode (cathode), the second electrode (anode), the electrolyte, and the rib
`
`(abstract).
`
`Therefore, it would have been obvious to one skilled in the art at the time of the
`
`invention to have a fuel cell system comprising a solar hydrogen producing unit
`
`comprises a housing and an electrode unit, the electrode unit comprises a
`
`photocatalytic semiconductor electrode and a counter electrode, and the photocatalytic
`
`semiconductor electrode comprises a conductive substrate and a photocatalytic
`
`semiconductor layer formed on the surface of the conductive substrate by Schmittman
`
`and Yokoyama, because Hado teaches a solar hydrogen producing unit comprises a
`
`housing and an electrode unit, the electrode unit comprises a photocatalytic
`
`semiconductor electrode and a counter electrode, and the photocatalytic semiconductor
`
`electrode comprises a conductive substrate and a photocatalytic semiconductor layer
`
`

`

`Application/Control Number: 13/984,413
`
`Page 13
`
`Art Unit: 1721
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`formed on the surface of the conductive substrate in order provide a
`
`photoelectrochemical cell that allows separate collection of produced hydrogen and
`
`oxygen, and prevents the produced gas from covering the electrode surface so as to
`
`improve the hydrogen production efficiency.
`
`Response to Arguments
`
`Applicant's arguments filed 06/01/2016 have been fully considered but they are
`
`not persuasive. The applicant argues that the references of Schmittman and Yokoyama,
`
`presented in the office action dated 03/04/2016 does not teach the claimed
`
`invention. Specifically, the applicant argues the reference of Yokoyama cannot be
`
`combined with Schmittman because the water purifier of Yokoyama would not be able
`
`to be substituted in the invention of Schmittman due to the shortening of the product life
`
`of the purifier and the purifying elements.
`
`The reference of Yokoyama was applied for the teaching of the recycling of the
`
`water in the fuel cell system. The reference of Yokoyama was not applied to teach
`
`substitute the water purifier in the fuel cell system of Schmittman. Rather, the teaching
`
`of Yokoyama was applied to the fuel cell system of Schmittman which already has a
`
`water purifier in the system. The water purifier of Yokoyama is not needed for the
`
`teaching of using external water and thus the shortening of the water purifying elements
`
`would not have occurred. With regards to the amendments to claim 1, the components
`
`are fluidly connected as shown in figs. 2 and 4 of Schmittman. The solar unit is used
`
`with the water conversion unit and therefore the water conversion unit is a solar water
`
`conversion unit. The water conversion unit, the water purifier, and the fuel cell are
`
`

`

`Application/Control Number: 13/984,413
`
`Page 14
`
`Art Unit: 1721
`
`fluidly connected as stated in the claims as shown in figs. 2 and 4 of Schmitmann.
`
`Schmittman teaches The electrical components of the system 10, such as the water
`
`purification device 16 and the conversion device 18, used in the H20-to-H2 conversion
`
`steps may be powered by one or more electrical source supplies 28 via a power
`
`distribution device 30 ([0029]). Since the electrical source 28 powers the entire system
`
`and the water purification device 16 is fluidly connected to the rest of the system
`
`components, the electrical source 28 is fluidly connected to the water purification
`
`system. Thus, the electrical power source is taken as to be a part of a component of
`
`the fuel cell it aids by being electrically connected to the component. The amended
`
`water supply unit in the claims is now taught by external water supply 15 (figs. 2 and 4
`
`of Schmittman). With regards to the intended use argument above, the intended use
`
`limitations do not described that the components are configured to perform the actions,
`
`they just state that they are capable of performing the actions as stated.
`
`If the applicant
`
`adds the terms "configured to" before the intended use limitations, it will overcome the
`
`intended use argument.
`
`Conclusion
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
`
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`Application/Control Number: 13/984,413
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`Page 15
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`Art Unit: 1721
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to RASHID ALAM whose telephone number is (571 )270-
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`3959. The examiner can normally be reached on Mon-Fri. 7:30 am-5:00 pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Mark Huff can be reached on 571 -272-1 385. The fax phone number for the
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`organization where this 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
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
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`/JONATHAN JELSMA/
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`/RASH|D ALAM/
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`Application/Control Number: 13/984,413
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`Page 16
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`Art Unit: 1721
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`Primary Examiner, Art Unit 1721
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`Examiner, Art Unit 1721
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