UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
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`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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`15/453,376
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`03/08/2017
`
`Yuya SUZUKI
`
`MIYAPOIOIWOUSA
`
`5378
`
`MARK D. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`19TH FLOOR
`CLEVELAND, OHIO 44115
`
`SALTEK AARON J
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`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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`03/14/2018
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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.
`15/453,376
`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
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`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 2/15/18
`.
`[: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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`6 and 9—13 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) 6 and 9—13 is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
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`) ) ) )
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`6 7
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`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.
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`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).
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`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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`2) E] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`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 20180307
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`

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`Application/Control Number:15/453,376
`Art Unit:1724
`
`Page2
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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 2/5/18 has been entered. Claims 6 and 9-13 remain pending in the
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`application with claims 7-8 previously cancelled. Claims 1 and 9 have been amended by the Applicant
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`and claims 10-13 have been 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 6 and 9-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamazawa et al.
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`(us 20120003504 A1) (as cited on the IDS 3/8/17).
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`4.
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`Regarding claim 6, Yamazawa discloses a microbial fuel cell (Abstract) comprising: a liquid (S)
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`comprising organic matter (11) [0024] (Figs. 1 & 2); an anode (10) placed in the liquid comprising the
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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 of the 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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`

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`Application/Control Number:15/453,376
`Art Unit:1724
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`Page3
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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 air intake portion passing through the oxygen-blocking portion (see Fig. 3D reproduced
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`below), wherein the oxygen-blocking portion is coupled to the air cathode and the anode (via lead wire
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`16 and anode wire 12; Figs. 2 & 3 and [0025]).
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`Fig. 3
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`Oxygen-blocking portion
`Oxygen-blocking portion
`“\w‘“
`‘35
`\\\‘“
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`
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`(A)
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`
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`5.
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`Regarding claim 9, Yamazawa discloses a microbial fuel cell (Abstract) comprising: a liquid (S)
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`comprising organic matter (11) [0024] (Figs. 1 & 2); an anode (10) placed in the liquid comprising the
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`organic matter [0035]; an air cathode (15) having an air intake portion (22) ([0028], [0032]) for taking air
`
`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 of the 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 air intake portion passing through the oxygen-blocking portion (see Fig. 3D reproduced
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`below), wherein the oxygennbiockmg portion floats on the surface of the liquid comprising the organic
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`

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`Application/Control Number:15/453,376
`Art Unit:1724
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`Page4
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`matter (the liquid level is between the entrance 4 and the gas feeder 7 to keep the anode submerged in
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`the liquid; [0039] & see Fig. 2 below), wherein the oxygen-blocking portion is coupled to the air cathode
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`and the anode (via lead wire 16 and anode wire 12; Figs. 2 & 3 and [0025]).
`
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`2a.
`
`y
`
`3 e
`
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`2.3 gamma: ievei g3?
`-. "W “ x
`a % 2e 6
`
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`exam-mm:
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`
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`
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`i
`If
`
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`
`
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`6.
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`Regarding claims 10-12, Yamazawa discloses all the limitations of the microbial fuel cell above
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`and further discloses wherein the air cathode comprises cathodes (15} (Fig. 3E) and an air chamber (24
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`or 2?) between the cathodes (Figs. 30 8: SE) {0032], the cathodes and the air chamber pieced in the
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`liquid {0035}.
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`7.
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`Regarding claim 11-13, Yamazawa discloses all the limitations of the microbial fuel cell above
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`and further discloses wherein the air cathode is one of a plurality of air cathodes (Fig. 3E) having an air
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`

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`Application/Control Number:15/453,376
`Art Unit:1724
`
`Page5
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`intake portion (22) for taking air into the air cathode (Fig. 2), each of the 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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`8.
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`Applicant’s arguments with respect to claims 6 and 9-13 have been considered but are moot
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`because the arguments do not apply to any of the references being used in the current rejection.
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`Conclusion
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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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`

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`Application/Control Number:15/453,376
`Art Unit:1724
`
`Page6
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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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`CANADA) or 571-272-1000.
`
`/AARON J SALTER/
`Examiner, Art Unit 1724
`
`/JONATHAN G LEONG/
`
`Primary Examiner, Art Unit 1725
`3/9/2018
`
`