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 .
Response to Amendments
This is a non-final office action in response to applicant's arguments and remarks filed on 07/23/2025.
Status of Rejections
All previous rejections are withdrawn in view of applicant’s arguments.
New grounds of rejection are presented herein.
Claims 1-6 and 8-14 are pending and under consideration for this Office Action.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-6, 8-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Oda et al. (U.S. Patent No. 4,465,570) in view of Keating et al. (U.S. Patent No. 4,964,960), and further in view of Hiyoshi et al. (JP H059771 A, citations based on translation) and Okamoto et al. (U.S. Patent No. 4,384,941).
Regarding claim 1, Oda teaches a membrane electrode assembly (see e.g. Col. 2, lines 18-20, and Col. 4, lines 12-15, assembly of anode and cathode bonded to either side of cation exchange membrane), comprising:
an anode having a first catalyst layer (see e.g. Col. 2, lines 22-23 and 47-53, anode comprising porous layer formed by suitable substances suitable for anode reaction) and a first gas diffusion layer (see e.g. Col. 4, lines 27-32, and Col. 5, lines 41-43, current collector comprising porous material such as a net, i.e. gas diffusion layer, brought into contact with anode);
a cathode having a second catalyst layer (see e.g. see e.g. Col. 2, lines 22-23 and 53-61, cathode comprising porous layer formed by substances suitable for cathode reaction) and a second gas diffusion layer (see e.g. Col. 4, lines 27-32, and Col. 5, lines 41-43, current collector comprising porous material such as a net, i.e. gas diffusion layer, brought into contact with anode); and
a polymer electrolyte membrane formed between the anode and the cathode (see e.g. Col. 2, lines 18-20, and Col. 3, lines 18-19, anode and cathode contacting either side of polymer cation exchange membrane),
wherein the polymer electrolyte membrane is formed between the first catalyst layer and the second catalyst layer, the first catalyst layer is formed between the first gas diffusion layer and the polymer electrolyte membrane, the second catalyst layer is formed between the second gas diffusion layer and the polymer electrolyte membrane (see e.g. Col. 4, lines 12-15 and 27-29, cation exchange membrane coated with anode and cathode on either side with current collector brought into contact with outer surface of each porous electrode), the polymer electrolyte membrane comprises a fluorinated polymer having ion exchange groups (see e.g. Col. 3, lines 18-22, fluorinated polymer having cation-exchange group), and a fabric (see e.g. Col. 4, lines 5-7, membrane reinforced by fabric such as cloth).
Oda does not explicitly teach the fabric being woven with a denier number of warp yarns and a denier number of weft yarns of the woven fabric being each independently at least 3, the warp yarns having a density of at least 70 yarns/inch and at most 200 yarns/inch, and the weft yarns having a density of at least 70 yarns/inch and at most 200 yarns/inch.
Keating teaches a cation exchange membrane comprising a fabric reinforcement (see e.g. Abstract), wherein, to provide greater strength, the fabric is preferably woven with yarns having a denier between 50 and 400 and a yarn count in each direction, i.e. warp and weft, of preferably 25 to 35 yarns/centimeter, equal to 63.5 to 88.9 yarns/inch, with a specific example of 30 yarns/cm, equal to 75 yarns/in (see e.g. Col. 2, lines 19-20, Col. 6, lines 13-19, and Col. 13, lines 3-4), overlapping and falling within the claimed ranges of the present invention.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fabric of Oda to be woven with yarns having a denier between 50 and 400 and a yarn count in each of the warp and weft directions between 63.5 to 88.9 yarns/inch, such as 75 yarns/inch, as taught by Keating to provide the fabric with greater strength. MPEP § 2144.05 I states “In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.”
Modified Oda does not explicitly teach an aperture ratio of the woven fabric being at least 50%.
Hiyoshi teaches a cation exchange membrane for electrolysis (see e.g. Paragraph 0001, lines 1-2) comprising a reinforcing woven fabric (see e.g. Paragraph 0038) with an opening rate of 55% to 95%, preferably 60% to 90%, to prevent the electrical shielding ratio from being large and ensure that a substantial reinforcing effect is obtained (see e.g. Paragraph 0040).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the aperture ratio of the woven fabric of modified Oda to be 55% to 95%, preferably 60% to 90%, as taught by Hiyoshi to prevent the electrical shielding ratio from being large and ensure that a substantial reinforcing effect is obtained.
Modified Oda does not explicitly teach a relation of Y≤240X-170 being satisfied, where a membrane thickness of the polymer electrolyte membrane is Y µm and an ion exchange capacity of the fluorinated polymer is X meq/g dry resin. Oda does however teach the membrane thickness being in a range of preferably 50 to 400 µm (see e.g. Oda Col. 4, lines 9-11), and the ion exchange capacity preferably being in a range of 0.8 to 2.0 meq/g dry resin (see e.g. Oda Col. 3, lines 22-25), the two ranges including combinations that meet the claimed relation.
Okamoto teaches a cation exchange membrane for water electrolysis (see e.g. Abstract) which has exemplary membrane thickness and ion exchange capacity combinations of 100 µm and 1.9 meq/g-dry resin, 100 µm and 1.6 meq/g-dry resin, and 150 µm and 1.7 meq/g-dry resin (see e.g. Col. 4, lines 66-67, Col. 5, lines 14-17 and 44-49, and Col. 6, lines 44-52), all of which satisfy the claimed relation of Y≤240X-170.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the membrane thickness and ion exchange capacity of modified Oda to be 100 µm and 1.9 meq/g-dry resin, 100 µm and 1.6 meq/g-dry resin, and 150 µm and 1.7 meq/g-dry resin, which satisfy the relation of Y≤240X-170, as taught by Okamoto as particular suitable combinations of thicknesses and ion exchange capacities for a cation exchange membrane for water electrolysis that each fall within the ranges already preferred by Oda. MPEP § 2143(I)(A) states that “combining prior art elements according to known methods to yield predictable results” may be obvious. The claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results.
Regarding claim 2, Oda as modified by Hiyoshi teaches the aperture ratio of the woven fabric being 60% to 90% (see e.g. Hiyoshi Paragraph 0040, lines 2-3), overlapping the claimed range of the present invention (see MPEP § 2144.05 I as cited above).
Regarding claim 3, Oda as modified by Keating teaches the denier number of the warp yarns and the denier number of the weft yarns being each 50 to 400 (see e.g. Keating Col. 2, lines 19-20), overlapping the claimed range of the present invention (see MPEP § 2144.05 I as cited above).
Regarding claim 4, Oda as modified by Okamoto teaches the membrane thickness Y of the polymer electrolyte membrane being 100 or 150 µm (see e.g. Okamoto Col. 4, lines 66-67, Col. 5, lines 14-17 and 44-49, and Col. 6, lines 44-52).
Regarding claim 5, Oda as modified by Okamoto teaches the ion exchange capacity X of the fluorinated polymer being 1.9, 1.6 or 1.7 meq/g dry resin (see e.g. Okamoto Col. 4, lines 66-67, Col. 5, lines 14-17 and 44-49, and Col. 6, lines 44-52).
Regarding claim 6, modified Oda teaches the warp yarns and the weft yarns including polytetrafluoroethylene (see e.g. Oda Col. 4, lines 5-8).
Regarding claim 8, modified Oda teaches the ion exchange groups being sulfonic acid type functional groups (see e.g. Oda Col. 3, lines 18-20).
Regarding claim 9, modified Oda teaches the fluorinated polymer including units based on a fluorinated olefin (see e.g. Oda Col. 3, lines 26-35, unit (a) comprising fluorinated olefins with -CF2-CXX’-structure) and units having a sulfonic acid type functional group and a fluorine atom (see e.g. Oda Col. 3, lines 26-49, unit (b) containing F atoms, where Y represents a compound including A which may be a sulfonic acid group -SO3M).
Regarding claim 10, modified Oda teaches the fluorinated olefin being a C2 fluoroolefin having at least 2 fluorine atoms (see e.g. Oda Col. 3, lines 26-35, unit (a) with -CF2-CXX’-structure, where X and X’ may include further F atoms).
Regarding claim 11, modified Oda teaches the units having a sulfonic acid type functional group and a fluorine atom being units of –[CF2-CF(-L-(SO3Mn)]-, where L is an n+1 valent perfluorohydrocarbon group which may contain an etheric oxygen atom, M is a hydrogen atom or an alkali metal, and n is 1 (see e.g. Oda Col. 3, lines 26-49, unit (b) where X may be F, Y may be one of the additional structures below, A may be -SO3M, and M may be hydrogen or an alkali metal).
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Regarding claim 12, modified Oda teaches a water electrolysis apparatus comprising the membrane electrode assembly of claim 1 (see e.g. Oda Col. 2, lines 7-13, and Col. 4, lines 33-50, electrolytic cell for water electrolysis comprising the membrane-contacting anode and cathode).
Regarding claim 14, Oda teaches the fluorinated polymer including units based on a fluorinated olefin (see e.g. Oda Col. 3, lines 26-35, unit (a) comprising fluorinated olefins with -CF2-CXX’-structure) and units having a sulfonic acid type functional group and a fluorine atom (see e.g. Oda Col. 3, lines 26-49, unit (b) containing F atoms, where Y represents a compound including A which may be a sulfonic acid group -SO3M), and the units having a sulfonic acid type functional group and a fluorine atom including a unit of formula (1-5), wherein M is a hydrogen atom or alkali metal, x is 1, y is an integer from 1 to 10, z is 1 and Y is F (see e.g. Oda Col. 3, lines 26-49, unit (b) with the exemplary Y structure shown below, where X may F, A may be -SO3M, M is hydrogen or an alkali metal, x and y are each an integer from 1 to 10 and Z and R may each be -F), the subscript integers falling within or encompassing the ranges of the formula of the present invention (see MPEP § 2144.05 I as cited above).
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Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Higuchi (JP H06306193 A, citations based on translation) in view of Hiyoshi, and further in view of Okamoto and Umemura et al. (U.S. 2009/0306233).
Regarding claim 13, Higuchi teaches a polymer electrolyte membrane (see e.g. Paragraph 0004, cation exchange membrane), comprising:
a fluorinated polymer having ion exchange groups (see e.g. Paragraph 0032, lines 1-3, fluorine-containing polymer with cation exchange groups); and
a woven fabric (see e.g. Paragraph 0012, lines 3-5, and Paragraph 0013, lines 6-8),
wherein a denier number of warp yarns and a denier number of weft yarns constituting the woven fabric are each independently 20 to 170 (see e.g. Paragraph 0014, lines 1-2, yarn diameter in both directions, i.e. warp and weft), the warp yarns having a density of 8 to 150 yarns/inch and the weft yarns having a density of 8 to 150 yarns/inch (see e.g. Paragraph 0014, lines 1-2, yarn density in both directions, i.e. warp and weft),
wherein the fluorinated polymer contains units based on a fluorinated olefin (see e.g. Higuchi Paragraph 0032, line 4, fluorinated vinyl monomer such as TFE or chlorotrifluoroethylene, which are exemplary fluoroolefins as described in paragraph 0033 of the instant specification) and units having a sulfonic acid type functional group and a fluorine atom (see e.g. Paragraph 0032, line 5, fluorovinyl monomer containing sulfonic acid ion exchange group).
Higuchi does not explicitly teach the aperture ratio of the woven fabric being at least 50%, but does teach it generally having a stable aperture ratio (see e.g. Paragraph 0013, line 7).
Hiyoshi teaches a cation exchange membrane for electrolysis (see e.g. Paragraph 0001, lines 1-2) comprising a reinforcing woven fabric (see e.g. Paragraph 0038) with an opening rate of 55% to 95%, preferably 60% to 90%, to prevent the electrical shielding ratio from being large and ensure that a substantial reinforcing effect is obtained (see e.g. Paragraph 0040).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the aperture ratio of the woven fabric of Higuchi to be 55% to 95%, preferably 60% to 90%, as taught by Hiyoshi to prevent the electrical shielding ratio from being large and ensure that a substantial reinforcing effect is obtained.
Modified Higuchi does not explicitly teach a relation of Y≤240X-170 being satisfied, where the membrane thickness of the polymer electrolyte membrane is Y µm, and the ion exchange capacity of the fluorinated polymer is X meq/g dry resin. Higuchi does however teach the membrane thickness being within the range of 100 to 500 µm (see e.g. Paragraph 0039, lines 4-5), and the ion exchange capacity being between 0.8 to 2.0 meq/g (see e.g. Paragraph 0037, lines 1-2), the two ranges including combinations that meet the claimed relation.
Okamoto teaches a cation exchange membrane for electrolysis (see e.g. Abstract) which has exemplary membrane thickness and ion exchange capacity combinations of 100 µm and 1.9 meq/g-dry resin, 100 µm and 1.6 meq/g-dry resin, and 150 µm and 1.7 meq/g-dry resin (see e.g. Col. 4, lines 66-67, Col. 5, lines 14-17 and 44-49, and Col. 6, lines 44-52), all of which satisfy the claimed relation of Y≤240X-170.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the membrane thickness and ion exchange capacity of modified Higuchi to be 100 µm and 1.9 meq/g-dry resin, 100 µm and 1.6 meq/g-dry resin, and 150 µm and 1.7 meq/g-dry resin, which satisfy the relation of Y≤240X-170, as taught by Okamoto as particular suitable combinations of thicknesses and ion exchange capacities for a cation exchange membrane for electrolysis that each fall within the ranges already preferred by Higuchi. MPEP § 2143(I)(A) states that “combining prior art elements according to known methods to yield predictable results” may be obvious. The claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results.
Modified Higuchi does not explicitly teach the units having a sulfonic acid type functional group and a fluorine atom conforming to formula (1-4).
Umemura teaches an ion exchange membrane for alkaline chloride electrolysis (see e.g. Abstract) comprising a polymer having units of the formula (1-4) (equivalent formula M1 shown below), wherein Rf1 (OCF2RF12 in formula M1) is a perfluoroalkylene group which may contain an oxygen atom between carbon atom-carbon atom, Rf2 (RF11 in formula M1) is a single bond or a perfluoroalkylene group which may contain an oxygen atom between carbon atom-carbon atom, Rf3 is a single bond, r is 0 or 1, m is 1, and M is a hydrogen atom or an alkali metal (see e.g. Paragraphs 0019 and 0034, polymer having units U1, preferably units M1 shown below), the polymer having units of this formula providing the membrane with low electrical resistance and sufficient mechanical strength as compared with a membrane made of a conventional polymer (see e.g. Paragraph 0135)
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the units of the fluoropolymer of modified Higuchi to conform to formula (1-4) as taught by Umemura to provide the membrane with low electrical resistance and sufficient mechanical strength as compared with a membrane made of a conventional polymer.
Response to Arguments
Applicant’s arguments, see pages 2-3, filed 07/23/2025, with respect to the rejection(s) of claim(s) 1 and 13 under 35 USC 103 over Higuchi in view of Hiyoshi and Debe and Higuchi in view of Hiyoshi and Umemura, respectively, particularly regarding the criticality of the membrane thickness and ion exchange capacity meeting the claimed relation, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Oda, Keating, Hiyoshi and Okamoto and Higuchi, Hiyoshi, Okamoto and Umemura, respectively.
Conclusion
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/M.S.J./Examiner, Art Unit 1795
/LUAN V VAN/Supervisory Patent Examiner, Art Unit 1795