`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMlVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
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`
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`
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`15/032,232
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`04/26/2016
`
`Yuya SUZUKI
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`MlYAPOlOlWOUS
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`6038
`
`04mm —MARK D. SARALINO (PAN) m
`7590
`51921
`RENNER, OTTO, BOIS SELLE & SKLAR, LLP
`SALTER’ AARON J
`1621 EUCLID AVENUE
`19TH FLOOR
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`PAPER NUMBER
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`CLEVELAND, OH 44115
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`1724
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`NOTIFICATION DATE
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`DELIVERY MODE
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`04/ 1 1/2017
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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 @rennerott0.c0m
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`PTOL—90A (Rev. 04/07)
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`

`

`
`
`Applicant(s)
`Application No.
` 15/032,232 SUZUKI ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`AARON J. SALTER $2213 1724
`
`-- 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
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`Status
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`1)|:I Responsive to communication(s) filed on
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|ZI This action is non-final.
`2a)|:l This action is FINAL.
`3)|:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; 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
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)IZI Claim(s) 1-5,7and8 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
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`is/are allowed.
`6)|:I Claim(s)
`7)|Z| Claim(s) 1--5,7and8is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`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
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`participating intellectual property office for the corresponding application. For more information, please see
`hit
`:/'I’\WIIW.LIsnto. ovI’ atentS/init events/
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`
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`h/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
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`Application Papers
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`10)I:l The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 4/26/16 is/are: a)IZl accepted or b)|:l 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).
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`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
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`12)IXI 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)IZl All
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`b)|:l Some” c)I:l None of the:
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`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.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
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`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.
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`Attachment(s)
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`
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`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) E InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date 4/26/16 and 5/19/16.
`
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
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`Part of Paper No./Mai| Date 20170330
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`

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`Application/Control Number: 15/032,232
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`Page 2
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`Art Unit: 1724
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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
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`under the first inventor to file provisions of the AIA.
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`Election/Restrictions
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`2.
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`Claims 6 and 9 are withdrawn from further consideration pursuant to 37 CFR
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`1.142(b) as being drawn to a nonelected species (Species IB), there being no allowable
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`generic or linking claim. Election was made without traverse in the reply filed on
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`03/08/2017.
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`3.
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`Applicant’s election without traverse of Species IA in the reply filed on
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`03/08/2017 is acknowledged.
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`Claim Rejections - 35 USC § 102
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`4.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis 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 1-5 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated
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`by Huang et al. (CN 202025824 U).
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`6.
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`Regarding claim 1, Huang discloses a microbial fuel cell comprising (PDF P8): a
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`liquid comprising organic matter (organic pollutants; PDF P9—10); an anode (1) (Fig. 1)
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`placed in the liquid comprising the organic matter; an air cathode (2) having an air
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`intake portion (5) (Fig. 2) (PDF P15) for taking air into the air cathode; and an oxygen-
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`

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`Application/Control Number: 15/032,232
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`Page 3
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`Art Unit: 1724
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`blocking portion (4) for blocking oxygen from dissolving in the liquid comprising the
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`organic matter through the surface of the liquid comprising the organic matter (the water
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`retaining plate 4 will provide degree of oxygen-blocking), the oxygen-blocking portion
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`having floating properties (8) (the entire unit at least above float block 8 shown in Fig. 2
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`would float; PDF P15) for the liquid comprising the organic matter.
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`7.
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`Regarding claim 2, Huang discloses all the limitations of the microbial fuel cell
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`above and further discloses wherein the oxygen-blocking portion is in contact with the
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`surface of the liquid comprising the organic matter (is in contact with the surface of the
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`liquid through the air electrode; Fig. 2).
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`8.
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`Regarding claim 3, Huang discloses all the limitations of the microbial fuel cell
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`above and further discloses wherein the oxygen-blocking portion floats on the surface of
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`the liquid comprising the organic matter (the oxygen-blocking portion will float on the
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`surface of the liquid because it is sitting on the air cathode which is floating; Fig. 2).
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`9.
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`Regarding claim 4, Huang discloses all the limitations of the microbial fuel cell
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`above and further discloses wherein the oxygen-blocking portion is in contact with the
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`air cathode (the oxygen-blocking portion is sitting on the air cathode; Fig. 2).
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`10.
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`Regarding claim 5, Huang discloses all the limitations of the microbial fuel cell
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`above and further discloses wherein the oxygen-blocking portion is coupled to the air
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`cathode (through gravity; Fig. 2).
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`11.
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`Regarding claim 7, Huang discloses all the limitations of the microbial fuel cell
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`above and further discloses wherein the oxygen-blocking portion is in contact with the
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`air cathode (the oxygen-blocking portion is sitting on the air cathode; Fig. 2).
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`

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`Application/Control Number: 15/032,232
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`Page 4
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`Art Unit: 1724
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`12.
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`Regarding claim 8, Huang discloses all the limitations of the microbial fuel cell
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`above and further discloses wherein the oxygen-blocking portion is coupled to the air
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`cathode (through gravity; Fig. 2).
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to AARON J. SALTER whose telephone number is
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`(469)295-9103. The examiner can normally be reached on Mon-Thurs 8:00 am -5:00
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`pm CST.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Stagg Miriam can be reached on (571) 270-5256. The fax phone number
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`for the organization where this application or proceeding is assigned is 571 -273-8300.
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`

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`Application/Control Number: 15/032,232
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`Page 5
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`Art Unit: 1724
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`/A. J. S./
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`Examiner, Art Unit 1724
`
`/JONATHAN G LEONG/
`
`Primary Examiner, Art Unit 1725
`3/31/2017
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`