DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Status
This office action is in response to the amendments filed 11/25/2025.
Claims 14 and 15 have been previously canceled.
Claims 1-6,and 10-12 have been previously withdrawn.
Claim 7 has been amended; support for claim 7 is found in paragraph [0039] and fig. 1 of the instant specification.
Clams 16 and 17 have been added: support for claim 16 is found in paragraph [0039], and support for claim 17 is found in paragraph [0037] of the instant specification.
Claims 7, 8, 9, 13, 16, and 17 are currently pending in this office action.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 7-9 is/are rejected under 35 U.S.C. 102(a)(2)as being anticipated by Ukai et al. (US2018/0179647A1).
As to claim 7, Ukai discloses, a metal-supported electrochemical element comprising at least an electrode layer, an electrolyte layer, and a counter electrode layer provided on/over a metal plate
(Electrochemical hydrogen pump, [0034]… an electrochemical hydrogen pump 100 of this embodiment includes the membrane electrode assembly 100B [0036]… As illustrated in FIG. 2, a membrane electrode assembly 100B of this embodiment includes an electrolyte membrane 14, a cathode catalyst layer 15, an anode catalyst layer 16, a cathode gas diffusion layer 31, and an anode gas diffusion layer 24. [0035]… the anode gas diffusion layer 24 includes the metal steel plate 52 [0074]) As shown in figures 1 and 2, anode gas diffusion layer 24 comprising a metal plate is provided on/over the electrolyte membrane 14, a cathode catalyst layer 15, an anode catalyst layer 16, a cathode gas diffusion layer 31.
wherein a plurality of thin metal plates are stacked to form the metal plate wherein each of the thin metal plates is provided with a plurality of through holes passing through the thin metal plate in a thickness direction ((FIG. 8(a), FIG. 8(b), and FIG. 8(c) are diagrams of a metal steel sheet 22 of the metal steel plate 52 of the anode gas diffusion layer 24 [0112], …The metal steel plate 52 includes a laminated body 52A of plural metal steel sheets 22 that have plural through holes 21 [0113] ),
wherein the metal plate is provided with penetration spaces formed by the through holes of the plurality of thin metal plates that are in communication with each other in a state in which the thin metal plates are stacked (Vent hole 51 is configured by interconnection between the through holes 21 of the neighboring metal steel sheets 22. In this case, at least one metal steel sheet 22 among the plural metal steel sheets 22 has an interconnection path 23 that interconnects the through holes 21 [0113]),
a thin metal plate aspect ratio that is a value obtained by dividing a thickness of each of the thin metal plates by an inner diameter of the through holes is 2 or less, the thickness of the metal steel sheet 22 may be approximately several ten to several hundred μm (for example, approximately 100 μm) [0115] and through hole 21A may be, for example, a circular hole with a diameter of approximately several ten μm (for example, approximately 50 μm)[0116] . Which would provide an aspect ratio of 100/50 or 2,
and a metal plate aspect ratio that is a value obtained by dividing an overall thickness of the metal plate by the minimum inner diameter of the penetration spaces is 3 or more. Where the inner diameter is provide by the circular diameter of approximately 50 µm and the thickness of a metal plate comprising a plurality of metal sheets with a thickness of 100 µm would result in the case of three metals sheets, a metal plate thickness of 300 and an aspect ratio of 300/50 or 6 which would continue to increase with additional metal sheets, meeting the limitation 3 or more.
It should be noted in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
An electrochemical element (The electrochemical hydrogen pump 100 [0037])comprising at least an electrode layer, an electrolyte layer, and a counter electrode layer provided on/over the metal plate [0037] .
At least a portion of a surface of the metal plate (metal steel plate 52 of the anode gas diffusion layer 24) in contact with the electrode layer or the counter electrode layer (metal steel plate 52 that neighbors the anode catalyst layer 16, fig. 2) and at least a portion of surfaces of the metal plate forming inner faces of the penetration spaces are covered by a metal oxide film (As shown in fig. 8(e) layer (16) covers steel sheet (22) of a plurality of sheets of (22) which form laminated body (52) of fig. 8(d) which are provided with through holes (21) and stacking the sheets (22) as shown in fig.8(d) the laminated body 52A is provided with the through holes 21 and both end portions of the interconnection path 23 that configure a gas flow path or penetration spaces, where layer (16) covers sheet (22) would provide layer (16) on an inner surface of the penetration spaces. Where The anode catalyst layer 16 includes RuIrFeOx as catalyst metal (metal oxide film, [0047]), and wherein the electrode layer or the counter electrode layer is in direct contact with the metal oxide film (layer 16) on the surface (22S) of the metal plate (metal sheet (22A) fig. 8e). Meets the limitation.
As to claim 8, the rejection of claim 7 is incorporated, Ukai discloses a metal -supported electrochemical element as discussed above and further teaches the inner diameter (Circular holes) of a first opening (21) formed in a first face constituting a surface of the metal plate (22) and the inner diameter of a second opening formed in a second face that is located on a side opposite to the first face among the inner diameters (The metal steel plate 52 is configured by interconnection between the through holes 21 of the neighboring metal steel sheets 22. [0114]) of the penetration spaces (Interconnection path (23)) passing through the metal plate in the thickness direction are compared, the plural metal steel sheets 22 has an interconnection path 23 that interconnects the through holes 21 [0113] .
and at least an electrode layer, an electrolyte layer, and a counter electrode layer are provided on/over a surface of the metal plate provided with openings having the smaller inner diameter. Electrochemical hydrogen pump 100 of this embodiment includes the membrane electrode assembly 100B [0036]…a membrane electrode assembly 100B of this embodiment includes an electrolyte membrane 14, a cathode catalyst layer 15, an anode catalyst layer 16, a cathode gas diffusion layer 31, and an anode gas diffusion layer 24.[0035]… The membrane electrode assembly 100B of any of the first aspect, the second aspect, and the modification example of the embodiment, the metal steel plate 52 includes a laminated body 52A of plural metal steel sheets 22 that have plural through holes 21[0113].
As to claim 9, the rejection of claim 7 is incorporated, , Ukai discloses electrochemical module, the electrochemical hydrogen pump 100 of FIG. 1 configures a stack in which three tiers of the unit cells 100A [0038], comprising a metal -supported electrochemical element as discussed above and further teaches an assembled state as shown in figure 1.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ukai et al. (US2018/0179647A1, prior filing date of 9/20/2017), in view of Hara et al. (JP2004273213A).
As to claim 13, the rejection of claim 7 is incorporated, Ukai discloses a (The metal sheets (22) of laminated body (52A) of anode gas diffusion layer (24) as shown in figures 1 and 2 supporting the electrolyte membrane 14, a cathode catalyst layer 15, an anode catalyst layer 16, a cathode gas diffusion layer 31 [0035]) Provides a metal supported electrochemical element.
( a membrane electrode assembly (100B) comprised of metal sheets (22) with through holes (21) [0113] – [0114] configured in a stack [0038], and the membrane electrode assembly… may suppress the increase in the contact resistance between the electrolyte membrane (the anode catalyst layer) and the anode gas diffusion layer compared to related art thereby reducing power consumption [0032], but is silent on the membrane electrode assembly being used for a solid oxide fuel cell. However as it is known in the art that metal sheets with perforations are used in solid oxide fuel cells as shown by Hara [Abstract], it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the membrane electrode assembly of Ukai by placing it in a solid oxide fuel cell as taught by Hara, because a solid oxide fuel cell is known to incorporate a membrane electrode assembly as taught by Hara.
It should be noted claim 13, with respect to the limitation, “wherein a power generation reaction is caused in the electrochemical element,” is deemed an intended use claim and as such the Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 152 USPQ 235 (CCPA 1967); and In re Otto, 136 USPQ 458, 459 (CCPA 1963). The Courts have held that it is well settled that the recitation of a new intended use, for an old product, does not make a claim to that old product patentable. See In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) (see MPEP § 2114).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ukai et al. (US2018/0179647A1) as applied to claim 7 above, and as evidenced by Ohara et al.(US2003/0003345A1).
As to claim 16, the rejection of claim 7 is incorporated, Ukai discloses the metal steel sheet (22A) may be stainless steel [0116] but does not explicitly disclose the metal oxide film is a product of an oxidation of the surface of the metal plate and at least a portion of the surfaces of the metal plate forming inner faces of the penetration spaces.
In the same field of endeavor Ohara discloses a fuel cell plate [Abstract] and teaches, when stainless steel is used for the metal base plate, a metal oxide film mainly composed of chromium oxide grows on the metal base plate [0164]. Where the metal oxide film of Ohara formed on the stainless steel sheet (22a) of Ohara would meet the limitation.
Regarding the limitation, “the metal oxide film is a product of an oxidation,” it is noted, "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ukai et al. (US2018/0179647A1) as applied to claim 7 above, in view of Brandner et al.(US2008/0160352A1).
As to claim 17, Ukai discloses metal steel sheet (22A) may be stainless steel [0116], but does not explicitly disclose the metal plate is a ferrite-based stainless steel containing chromium and the metal oxide film is chromium oxide.
In the same field of endeavor Brandner discloses a fuel cell and teaches, the metallic substrate must have the highest possible porosity and gas permeability, high electrical conductivity, low manufacturing tolerances, good ability to be coated in regard to the solid oxide functional layers to be applied, a thermal expansion coefficient tailored to these functional layers, and high long-term resistance. To fulfill all of these requirements as well as possible, ferritic Fe, Cr steels, which form chromium oxide, such as Crofer22APU, are used for the support structure. [0004].
Therefore, it would have obvious to one of ordinary skill in the art at the time the application was effectively filed to modify Ukai with the ferritic Fe, Cr steels as taught by Brandner to achieve high electrical conductivity, low manufacturing tolerances, good ability to be coated. Further, it would be obvious to person of ordinary skill in the art at the time of the invention to use ferritic Fe, Cr steels in Ukai’s fuel cell plates because the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.) and at the time of the invention ferritic Fe, Cr steel was known to be used as fuel cell plates.
Response to Arguments
Applicant's arguments filed 11/25/2025 have been fully considered but they are not persuasive.
Applicant argues, pages 6-9, Ukai does not disclose or suggest that the anode catalyst layer (16) is applied over at least a portion of the inner surfaces of the through-holes. The office respectfully disagrees, as Ukai discloses paragraph [0075] (figs. 5(a)-(c)) anode catalyst layer (16) is provided with unevenness…unevenness is provided in another portion than the vent holes (51) (for example, part C) of the main surface (52S) of metal sheet plate (52). Where “in another portion,” provides an unevenness in the vent holes (51) and on a main surface (52S). Similarly, Ukai discloses paragraph [0117] (figs. 8(a)-(e)), unevenness is provided in another portion than the through holes 21A (for example, part E) of the main surface 22S of the metal steel sheet 22A that neighbors the anode catalyst layer 16. Where “in another portion,” provides an unevenness in the holes (21A) and on a main surface (22S). Ukai does not disclose the unevenness is not found in the vent holes (51) or the holes (21A). Further laminated body (52A) consists of metal sheets (22A) with each of their main surfaces (22S) provided with unevenness (Layer (16)), which would include holes (21B and interconnection paths (23B) and when stacked or laminated would provide layer (16) on an inner surface [0116-0119] (figs. 8(a)- (e)).
Applicant argues, page 8, the amended limitations of new claims 16 and 17 is not taught by Ukai. The office does not rely on Ukai to teach all the limitations of new claims 16 and 17 as discussed above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure.
Hoshino et al. (JP2009-277583A) Stainless steel electrode plate
Song et al. (US2003/0148160A1) Ferritic based stainless steel with chromium alloy.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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BART HORNSBY
Examiner
Art Unit 1728
/MATTHEW T MARTIN/ Supervisory Patent Examiner, Art Unit 1728