Ex Parte Taniguchi et al

Patent Trial and Appeal Board

Sep 19, 2016

12309264 (P.T.A.B. Sep. 19, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO.
12/309,264
13155 7590
Edwards Neils LLC
125 West Street
Suite 202
FILING DATE
01/13/2009
09/21/2016
Annapolis, MD 21401
FIRST NAMED INVENTOR
Masatoshi Taniguchi
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
71465.0025 3510
EXAMINER
MOHADDES, LADAN
ART UNIT PAPER NUMBER
1726
NOTIFICATION DATE DELIVERY MODE
09/21/2016 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):
ipgeneral@edwardsneils.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte MASATOSHI TANIGUCHI, AKINORI OKA,
TAKASHI KITAJIMA, KEN SONOGI, HIROHISA TANAKA,
KOJI YAMADA, AND KOICHIRO ASAZA WA
Appeal2015-001538
Application 12/309,264
Technology Center 1700
Before CATHERINE Q. TIMM, MONTE T. SQUIRE, and
MICHAEL G. McMANUS, Administrative Patent Judges.
McMANUS, Administrative Patent Judge.
DECISION ON APPEAL
The Examiner finally rejected claims 1 and 5-8 of Application
12/309,264 under 35 U.S.C. § 103(a) as obvious. Final Act. (Jan. 22, 2014).
Appellants 1 seek reversal of these rejections pursuant to 35 U.S.C. § 134(a).
We have jurisdiction under 35 U.S.C. § 6.
For the reasons set forth below, we AFFIRM.
1 Otsuka Chemical Co., Ltd. is identified as the real party in interest. Appeal
Br. 2.
Appeal2015-001538
Application 12/309,264
BACKGROUND
Application 12/309,264 describes a device and method for supplying
hydrazine fuel to a fuel cell. The claimed invention requires a hydrazine
supply line which conveys hydrazine to a fixing bath. A hydrazine fixing
member (a polymer with a functional group that bonds to hydrazine
reversibly) is present in the fixing bath. Spec. 3--4. The claimed device
further includes a water (or alkaline aqueous liquid) tank connected to the
fixing bath. The water (or alkaline aqueous liquid) bonds with the hydrazine
fixing member preferentially such that it displaces the hydrazine from the
fixing member. This permits the hydrazine to be maintained in a stable state
yet readily available for use in a fuel cell (or other use).
Claim 1 is representative of the pending claims and is reproduced
below:
1. A hydrazine supply device comprising:
a fixing bath including a casing and a hydrazine fixing member
for fixing hydrazine;
a material supply line which supplies hydrazine to the fixing
bath, the material supply line being made of a pipe and
connected with a hydrazine supply source and the casing so as
to supply the hydrazine from the hydrazine supply source to the
casmg;
a water/alkali tank as a releasing unit for releasing the
hydrazine fixed in the fixing bath; and
a water/alkali supply line that is made of a pipe and connected
with the water/alkali tank and the casing so as to supply one of
water or an alkaline aqueous solution from the water/alkali tank
to the casing, wherein
the fixing bath accommodates the hydrazine fixing member
which releasably fixes hydrazine,
the hydrazine fixing member is configured to fix the hydrazine
supplied from the material supply line and release the hydrazine
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Appeal2015-001538
Application 12/309,264
by one of water or an alkaline aqueous solution supplied from
the water/alkali· supply line, and
the hydrazine fixing member is made of a polymer having a
hydrazine-fixing group that releasably fixes hydrazine.
Appeal Br. 16 (Claims App.).
REJECTIONS
On appeal, the Examiner maintains the rejection of claims 1 and 5-8
under 35 U.S.C. § 103(a) as obvious over Kurachi (US 2006/0063058 Al,
pub. Mar. 23, 2006) ("Kurachi") in view of Adams et al. (US 2005/0266281
Al, pub. Dec. 1, 2005) ("Adams"). Final Act. 3.
Appellants do not argue any claim apart from the others. We select
claim 1 as representative for resolving the issues on appeal.
DISCUSSION
The Appellants seek review of the standing rejections on several
bases. First, Appellants argue that the system of Kurachi "is not configured
to allow the carrier to fix and release the fuel again in the container."
Appeal Br. 12. Second, Appellants contend that Adams does not teach a
device or method where the fuel is fixed or released in the mixing chamber
262 (fixing bath). Id. at 12-14. Finally, Appellants argue that the references
fail to teach hydrazine or water supplies connected to the fixing bath by
supply lines. Id. at 14.
Appellants' first argument is that the system of Kurachi is not
configured to permit "the carrier to fix and release the fuel again." Id. at 12.
Appellants do not dispute that the carrier of Kurachi both fixes and releases
the fuel (such as hydrazine). Appeal Br. 12; see also Kurachi i-fi-134, 48.
Accordingly, Appellants' argument focuses on the assertion that Kurachi
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Application 12/309,264
does not teach to do so "again." Appellants, however, do not specify any
claim limitation that requires repeated cycles of fixing and releasing.
Moreover, the pending application and Kurachi teach certain of the
same materials for use as carriers. In particular, the Specification indicates
that appropriate hydrazine fixing compounds include those with amide
groups. Spec. i-f 40. Similarly, Kurachi teaches that thioamides are one
appropriate carrier. Kurachi, i-f 37. Such amide-based carriers are presumed
to have the same properties in the prior art as in the pending application,
including being equally configured to fix and release hydrazine. See PAR
Pharm., Inc. v. TWI Pharms., Inc., 773 F.3d 1186, 1195 (Fed. Cir. 2014) (a
limitation is inherently disclosed "when the limitation at issue is the 'natural
result' of the combination of prior art elements."). Accordingly, the
Appellants have failed to show that the Examiner's findings are in error in
this regard. In re Jung, 637 F.3d 1356, 1365 (Fed. Cir. 2011).
For their second argument, Appellants assert that Adams does not
teach a device or method where the fuel is fixed or released in the mixmg
chamber 262 (fixing bath). Appeal Br. 12-14. It is correct that Adams does
not teach the fixing or releasing of hydrazine, but the Examiner does not rely
upon Adams for such teachings. Final Act. 3. Rather, the Examiner relies
upon Adams as teaching a hydrazine supply and water supply, discussed
below.
Appellants' third argument is that the references fail to teach
hydrazine or water supplies connected to the fixing bath by supply lines.
Appeal Br. 14. The Examiner finds that Adams teaches a cartridge 100
(depicted in Figure 2) which contains a fuel precursor. Final Act. 6. Such
precursor may be delivered to an "external reaction chamber" to combine
with one or more other precursors. Id. (citing Adams i-f 43). In another
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Application 12/309,264
embodiment, "a second precursor reagent can be introduced into liner 140
through valve 160 to create fuel within the cartridge before the cartridge is
connected to a fuel cell." Id. With regard to the water supply, the Examiner
finds that Adams teaches that "[s]uitable precursor(s) include, for example,
water .... " Id. at 5 (citing Adams if 25). Thus, Adams teaches delivering
both fuel (hydrazine) and water from a supply via a supply line.
Appellants have not identified a reversible error in the Examiner's
rejection.
CONCLUSION
We affirm the Examiner's decision rejecting claims 1 and 5-8 under
35 U.S.C. § 103(a).
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED
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