Prosecution Insights
Last updated: April 19, 2026
Application No. 17/312,400

MEMBRANE FOR THE SELECTIVE TRANSPORT OF SUBSTANCES

Final Rejection §103§112
Filed
Jun 10, 2021
Examiner
MCCLURE, JOSHUA PATRICK
Art Unit
1723
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Carl Freudenberg Kg
OA Round
6 (Final)
51%
Grant Probability
Moderate
7-8
OA Rounds
3y 3m
To Grant
66%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allow Rate
39 granted / 76 resolved
-13.7% vs TC avg
Moderate +14% lift
Without
With
+14.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
46 currently pending
Career history
122
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
45.9%
+5.9% vs TC avg
§102
18.7%
-21.3% vs TC avg
§112
28.8%
-11.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 76 resolved cases

Office Action

§103 §112
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 . Claim Status Claims 1, 3-8, and 11-22 are pending. Claims 1, 3-8, 11-12 and 15-22 are under examination. Claims 2 and 9-10 are canceled. Claims 13-14 are withdrawn. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Maintained Claim Interpretation Regarding claims 1 and 22, “several lateral chains” is recited in Lines 5-7 and Lines 4-6, respectively. However, it is unclear as to what several lateral chains refers. The instant specification in [0038] provides that “The term, "several lateral chains," is to be understood according to the invention as meaning that at least two repeat units of the main chain have at least one of the lateral chains according to the invention. The comb polymer preferably has 10 to 3,000, more preferably 50 to 2,000, and more preferably 100 to 2,000, of the lateral chains according to the invention.” Although the examiner asserts that the plain meaning of several lateral chains would not allow one with ordinary skill in the art to arrive at thousands (e.g., 2,000-3,000) of lateral chains, since the applicant has defined the term “several lateral chains” to have the meaning as discussed above, the examiner will interpret said “several lateral chains” as that described in the instant specification in [0038], lacking any further chemical and/or structural distinction thereof. New Claim Interpretation Regarding claims 1 and 22, “the porous substrate comprises a wet nonwoven fabric” is recited in Lines 10-11 and Lines 18-19, respectively, however it is unclear as to what specifically a wet nonwoven fabric refers. The instant specification in [0096] states “the nonwoven – in particular, in its embodiment as a wet nonwoven – can have staple fibers and/or short cut fibers. According to the invention, in contrast to filaments that have a theoretically unlimited length, “staple fibers” are understood to be fibers that have a limited length, etc.” Therefore, the examiner will interpret wet nonwoven fabric as a nonwoven with fibers of limited length, lacking any further structural distinction thereof. New Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1, 3-8, 11-12 and 15-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding Claims 1 and 22, “the porous substrate comprises a wet nonwoven fabric” is recited in Lines 10-11 and Lines 18-19, respectively, however it is unclear as to what specifically a wet nonwoven fabric refers. For example, it is unclear as to whether the nonwoven fabric is wet, the nonwoven fabric is prepared by a wet method, and/or nonwoven fabric is a nonwoven with fibers of limited length. Therefore, the examiner will interpret wet nonwoven fabric as a nonwoven with fibers of limited length as described in the instant specification and as discussed above in the claim interpretation section, lacking any further structural distinction thereof. Claims 3-8, 11-12 and 15-21 are rejected as they depend from claims 1. Claim Rejections - 35 USC § 103 Claims 1, 3-4, 6-7, 11-12 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Matsumi et al. (JP2007126645 (A) and using Machine Translation as English version), hereinafter Matsumi, in view of Thayumanavan et al. (U.S. PGPub US 2011/0178190 A1), hereinafter Thayumanavan, in view of Song et al. (U.S. PGPub US 2018/0043656 A1), hereinafter Song, in view of Banerjee et al. (U.S. Patent No. 5,795,668), hereinafter Banerjee, in view of Lee et al. (U.S. PGPub US 2018/0351192 (A1), hereinafter Lee. Regarding claim 1, Matsumi discloses a membrane for a selective transport of substances, comprising: a porous substrate comprising a textile fabric (i.e., at least as disclosed in [0041] whereby in order to further improve the strength, flexibility, and durability of the polymer electrolyte membrane, the polymer of the present invention can be impregnated into a porous substrate to form a composite membrane, which can be used as a polymer electrolyte membrane, etc., whereby there are no particular limitations on the porous substrate, etc., and examples of the porous substrate include woven fabrics, nonwoven fabrics, etc.), which at least provides woven fabric, nonwoven fabric, etc., lacking any further chemical and/or structural distinction thereof as to said porous substrate and/or textile fabric. Matsumi further discloses in [0041] the polymer of the present invention can be impregnated into a porous substrate to form a composite membrane, which can be used as a polymer electrolyte membrane, etc., which at least provides a comb polymer applied to the porous substrate (i.e., at least comb polymer applied to a porous support such as a non-woven fabric, woven fabric, etc., as discussed above). Matsumi further discloses in [0014] the polymer of the present invention is a comb-type branched polymer, etc., that has a repeating unit having the above ion-exchange group (see [0013] with regards to ion exchange groups such as -SO3H (sulfonic acid group), etc.), and further discloses in [0017] in the polymer of the present invention, the molecular chain constituting the polymer may be any of an aliphatic polymer, an aromatic polymer or a polymer having both an aliphatic chain and an aromatic chain, etc., whereby when at least the longest molecular chain among the branched polymer chains is used as the main chain of the branched polymer, the molecular chain forming the main chain is preferably an aromatic polymer in which aromatic rings are directly linked or linked via an atom or atomic group as a linking group, and the repeating unit having the above-mentioned ion-exchange group is preferably one having an aromatic ring, etc., which at least provides the comb polymer contains a polymer main chain (i.e., at least molecular chain forming main chain) and chains covalently bonded to the polymer main chain (i.e., at least repeating unit having the above-mentioned ion-exchange group, also see [0018]-[0021] with regards to repeating units with ion-exchange group(s) that are at least chains), lacking any further chemical distinction thereof as to said polymer main chain and/or chains. Since Matsumi discloses in [0014] the polymer of the present invention is a comb-type branched polymer, etc., that has a repeating unit having the above ion-exchange group (see [0013] with regards to ion exchange groups such as -SO3H (sulfonic acid group), etc.), this necessitates that at least one of the several lateral chains has at least one Lewis-acid and/or Lewis-base functionality such that -SO3H (sulfonic acid group) (i.e., involving the transfer of an H+ ion or proton) is at least a specific example of a Lewis-acid or Lewis-base (i.e., species (molecule or ion) that can accept or donate a pair of electrons), and lacking any further chemical distinction thereof as to said Lewis-acid and/or Lewis-base functionality. However, Matsumi is silent as to a porosity of the membrane being 15% to 65%. Furthermore, Matsumi is silent as to the comb polymer contains several lateral chains covalently bonded to the polymer main chain, wherein at least one of the several lateral chains has at least one Lewis-acid and/or Lewis-base functionality. Furthermore, Matsumi is silent as to a proportion of comb polymer in the membrane is 20 wt% to 200 wt% based on a weight of the porous substrate. Furthermore, Matsumi is silent as to the membrane has a weight of 5 g/m2 to 500 g/m2. Furthermore, Matsumi is silent as to the porous substrate comprises a wet nonwoven fabric. Thayumanavan teaches comb polymers for supramolecular nanoconfinement (Title), whereby the comb polymers bear hydrophobic groups and amphoteric proton transfer groups ([0025]-[0027]) such that the polymer comprises a plurality of repeating units, wherein each repeating unit comprises pendent (i.e., monovalent) hydrophobic group, and a pendent (i.e., monovalent) proton transfer group (e.g., benzotriazole, [0027], [0052], [0082]). Thayumanavan further teaches the comb polymer contains a main chain (e.g., polymer backbone) and several lateral chains covalently bonded to the polymer main chain (See Annotated Fig. 11), whereby the main chain is at least a polymer backbone and the lateral side chains attached to said polymer backbone are at least covalently bonded as shown in Annotated Fig. 3 for P2 ([0012], [0082], [0089]). Thayumanavan further teaches the pendent proton transfer group is a group capable of facilitating the transfer of protons within a material comprising the polymer, whereby the proton transfer group can be a Bronsted acid or a Bronsted base, etc. ([0029]). Since Thayumanavan teaches the proton transfer group can be a Bronsted acid or a Bronsted base this necessitates that at least one of the several lateral chains has at least one Lewis-acid and/or Lewis-base functionality such that a Bronsted acid or base (i.e., involving the transfer of an H+ ion or proton) is a more specific example of a Lewis-acid or Lewis-base (i.e., species (molecule or ion) that can accept or donate a pair of electrons). Thayumanavan further teaches the molecular design and synthesis of a class of comb polymers bearing hydrophobic groups and amphoteric proton transfer groups, etc., whereby self-assembled structures of the hydrophobic group-containing polymers yield dramatically increased proton conductivities, etc., presumably due to a locally-increased concentration of proton-transport functionalities within the nano-phase separated domains ([0025]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Matsumi with the teachings of Thayumanavan, whereby the membrane including the porous substrate comprising a textile fabric (i.e., at least comb polymer applied to a porous support such as a non-woven fabric, etc., as discussed above) as disclosed by Matsumi further includes the comb polymer as taught by Thayumanavan so as to yield dramatically increased proton conductivities, etc., presumably due to a locally-increased concentration of proton-transport functionalities within the nano-phase separated domains. Song teaches an oriented multilayer porous film (Title). Song further teaches in [0015]-[0016] an oriented multilayer porous film comprising at least on layer comprising a first polymer, a plurality of interconnecting pores, and a porosity less than 90%; wherein each layer of the oriented multilayer porous film comprises 5 to 100 wt.% of a matrix polymer, etc. Song further teaches in [0069] the matrix polymer of this disclosure is a thermoplastic polymer, etc., whereby preferred is a film-forming thermoplastic polymer having various good attributes, e.g., such as superior voiding efficiency, excellent strength and barrier, intrinsic porosity, etc., whereby any thermoplastic polymer known in the art or made by any suitable means can be used as the polymer matrix polymer without restrictions by chemical or molecular structures, etc. (also see [0029], [0038], [0078]-[0079], [0096]-[0097], [0103]). Song further teaches in [0220] the porous film may be laminated to each other or to other substrates comprising nonwovens, etc. Song further teaches in [0026] the film of any of above (1) to (10), consisting essentially of one layer, two layers, three layers, etc., and further teaches in [0027] the film of any of above (1) to (11), having: a porosity of 20 to 90%, etc., which at least provides a range of porosity values of the membrane that overlaps the claimed range of a porosity of the membrane is 15% to 65% (also see Abstract, Figs. 1A-C, [0174], [0195], [0199]), thus a prima facie case of obviousness exists (MPEP 2144.05, I.), such that since Song teaches that a multilayer porous film includes two, three layer, etc., one having ordinary skill would appreciate that a porosity of the substrate with two or more layers is at least a porosity after said polymer is applied to said porous substrate (e.g., matrix polymer, nonwoven substrate, etc.), lacking any further distinction thereof (also see [0010]-[0043]). Song further teaches in [0222] the oriented porous film of this disclosure finds a wide variety of divergent utility as a product or as a component and substrate of an article for application in energy harvesting and storage, filtration, etc., whereby preferably the porous film of this disclosure is used as a separator of energy storage devices, to provide an electrochemical cell with superior performance in safety, capacity, rate capability, reliability, life cycle, and the like, whereby examples of such devices include fuel cells, etc. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Matsumi and Thayuamanavan with the teachings of Song, whereby the membrane including the porous substrate comprising a textile fabric (i.e., at least comb polymer applied to a porous support such as a non-woven fabric, woven fabric, etc., as discussed above) as disclosed by the combined teachings of Matsumi and Thayuamanavan further includes the porosity of the oriented porous film as taught by Song so as to find a wide variety of divergent utility as a product or as a component and substrate of an article for application in energy harvesting and storage, filtration, etc., and more specifically as a separator of energy storage devices, thereby providing an electrochemical cell with superior performance in safety, capacity, rate capability, reliability, life cycle, and the like, whereby examples of such devices include fuel cells Banerjee teaches a fuel cell incorporating a reinforced membrane (Title). Banerjee further teaches in C3:L34-48 the membrane of the present invention is a combination of the porous support layer and one or more ion exchange resin layers, etc., whereby as taught in C7:L15-19 the porous support layer may be a non-continuous or a continuous sheet or may be a fabric woven using various weave, etc. Banerjee further teaches in C8:L58-67 and C9:L1-5 a monomer having a hydrophilic nature is impregnated into a porous material and polymerized, or a polymer of such a monomer is coated on a porous material in the form a solution, etc., whereby such a fluorine-containing polymer having a hydrophilic nature is deposited on the porous material preferably in an amount preferably from 1 to 100% by weight relative to the porous material, etc., which provides a range that overlaps the claimed range of 20 wt% to 200 wt% based on a weight of the porous substrate, thus a prima facie case of obviousness exists (MPEP 2144.05, I.). Banerjee further teaches in C1:L5-12 the present invention relates to a fuel cell or a battery which is useful for the production of electricity having a reinforced membrane, which advantageously possesses low transport of fuel and high mechanical strength (also see C3:L49-67, C4:L1-5, Table 1). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Matsumi and Thayuamanavan and Song with the teachings of Banerjee, whereby the membrane including the porous substrate comprising a textile fabric (i.e., at least comb polymer applied to a porous support such as a non-woven fabric, etc., as discussed above) as disclosed by the combined teachings of Matsumi and Thayuamanavan and Song further includes the proportion(s)/quantity(s) as taught by Banerjee so as to provide a fuel cell or a battery which is useful for the production of electricity having a reinforced membrane, which advantageously possesses low transport of fuel and high mechanical strength. However, and as discussed above, Matsumi is silent as to the membrane has a weight of 5 g/m2 to 500 g/m2. Furthermore, and as discussed above, Matsumi is silent as to the porous substrate comprises a wet nonwoven fabric. Lee teaches ion exchange membrane, method for manufacturing the same, and energy storage device comprising the same (Title). Lee further teaches in [0020] an ion exchange membrane comprising: a porous support including a plurality of pores; and an ion conductor filling the pores of the porous support, etc. Lee further teaches in [0029] the preparing of the porous support may be performed by any one method selected from the group consisting of wet-laying, etc. Lee further teaches in [0050] the nonwoven fibrous web is interlaid, but refers to a sheet having a structure of individual fibers or filaments, etc., whereby the nonwoven fibrous web may be prepared by a method such as wet-laying, etc., whereby as taught in [0117] the wet-laying is a process capable of forming a nonwoven fibrous web, and in the wet-laying process, a bundle of small fibers having a length in the range of about 3 mm to about 52 mm is separated and entrained in a liquid supply source, and then embedded on a molding screen under the assistance of a vacuum supply source at all times, etc., which at least provides the porous substrate comprises a wet nonwoven fabric, such that the skilled artisan would appreciate that said wet-laying process that provides a bundle of small fibers having a length in the range of about 3 mm to about 52 mm is separated and entrained in a liquid supply source, and then embedded on a molding screen, etc., and lacking any further distinction thereof as to said wet nonwoven fabric. Lee further teaches in [0051] the basic weight of the nonwoven fibrous web may be 5 to 30 g/m2, etc., and further discloses in [0101] the ion conductor may be contained in an amount of 30 to 70 wt%, etc., with respect to the total weight of the ion exchange membrane (also see [0049]-[0050], [0062]-[0101]). Therefore, and as an example provided by the examiner and assuming 1 m2 of nonwoven fibrous web (i.e., at least wet nonwoven fabric as discussed above), this provides 5 to 30 g of nonwoven fibrous web. Furthermore, and continuing with the example, since the ion conductor may be contained in an amount of 30 to 70 wt%, etc., with respect to the total weight of the ion exchange membrane, this provides a mass range of ion conductor from approximately 2.1 to 70 g, such that the total membrane weight per 1 m2 (i.e., nonwoven fibrous web plus ion conductor) ranges from 7.1 to 100 g/m2, which is a weight range within the claimed range of the membrane has a weight of 5 g/m2 to 500 g/m2, thus a prima facie case of anticipation exists (MPEP 2131.03, I.). Lee further teaches in [0035] according to the ion exchange membrane of the present invention, it is possible to achieve high energy efficiency in the case of being applied to an energy storage device such as a vanadium redox inflow battery due to high charge/ discharge cycle durability, high ion-conductivity, and excellent chemical and thermal stability. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Matsumi and Thayuamanavan and Song and Banerjee with the teachings of Lee, whereby the membrane including the porous substrate comprising a textile fabric (i.e., at least comb polymer applied to a porous support such as a non-woven fabric, etc., as discussed above) as disclosed by the combined teachings of Matsumi and Thayuamanavan and Song and Banerjee further includes the membrane weight, and the porous substrate comprises a wet nonwoven fabric as taught by Lee so as to achieve high energy efficiency in the case of being applied to an energy storage device such as a vanadium redox inflow battery due to high charge/ discharge cycle durability, high ion-conductivity, and excellent chemical and thermal stability. PNG media_image1.png 713 1072 media_image1.png Greyscale Annotated Figure 11 (Thayumanavan) PNG media_image2.png 528 722 media_image2.png Greyscale Annotated Figure 3 (Thayumanavan) Regarding claim 3, Matsumi discloses the membrane as discussed above in claim 1. However, Matsumi is silent as the comb polymer has 10 to 3,000 lateral chains. The combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee disclose the membrane including the comb polymer as discussed above in claim 1. Thayumanavan further teaches a schematic illustration of a possible phase-separated structure for polymer P1 ([0020], Fig. 1), whereby the comb polymer at least has 10 lateral side chains or more as shown above in Annotated Fig. 11. Thayumanavan further teaches the term “polymer backbone” refers to the portion of the polymer other than the pendent hydrophobic groups, the pendent proton transfer groups, and the linking groups ([0031]), such that the combination of said pendent hydrophobic group(s), pendent proton transfer group(s) and/or linking group(s) at least comprise a lateral chain. For example, Thayumanavan teaches P2 as shown in the synthetic scheme in Fig. 3 ([0012], [0082], [0089]), that possesses a molecular weight (Mn) of 25 kg/mol (Table 1), which at least provides approximately 71 lateral chains as shown in Annotated Fig. 1 provided by the examiner, which is within the claimed range of 10 to 3,000 lateral chains, thus a prima facie case of anticipation exists (MPEP 2131.03, I.). Thayumanavan further teaches the molecular design and synthesis of a class of comb polymers bearing hydrophobic groups and amphoteric proton transfer groups, etc., whereby self-assembled structures of the hydrophobic group-containing polymers yield dramatically increased proton conductivities, etc., presumably due to a locally-increased concentration of proton-transport functionalities within the nano-phase separated domains ([0025]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee with the teachings of Thayumanavan, whereby the membrane including the porous substrate comprising the textile fabric (i.e., at least comb polymer applied to a porous support such as a non-woven fabric, woven fabric, etc., as discussed above in claim 1) as disclosed by combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee further includes the comb polymer including lateral chains as taught by Thayumanavan so as to yield dramatically increased proton conductivities, etc., presumably due to a locally-increased concentration of proton-transport functionalities within the nano-phase separated domains. PNG media_image3.png 539 839 media_image3.png Greyscale Annotated Figure 1 (Provided by Examiner) Regarding claim 4, Matsumi discloses the membrane as discussed above in claim 1. However, Matsumi is silent as to the polymer main chain has polymerized monomers, and wherein the monomers are selected from a group consisting of consisting of acrylates, methacrylates, acrylic acids, methacrylic acids, acrylamides, methacrylamides, vinylamides, vinylpyridines, N- vinylimidazoles, N-vinyl-2-methylimidazoles, vinyl halides, styrenes, 2-methylstyrenes, 4- methylstyrenes, 2-(n-butyl)styrenes, 4-(n-butyl)styrenes, 4-(n-decyl)styrenes, N,N-diallylamines, N,N-diallyl-N-alkylamines, vinyl- and allyl-substituted nitrogen heterocycles, vinyl ethers, vinylsulfonic acids, allylsulfonic acids, vinylphosphonic acids, styrene sulfonic acids, acrylonitriles and methacrylnitriles, and/or mixtures thereof. The combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee disclose the membrane including the comb polymer containing the polymer main chain (i.e., polymer backbone) as discussed above in claim 1. Thayumanavan further teaches in [0031] suitable polymer backbones include, for example, polystyrenes, etc., which at least provides the polymer main chain has polymerized monomers (e.g., polymerized styrene or polystyrene, [0031]-[0033]) so as to at least includes styrene monomers from the group. Thayumanavan further teaches the molecular design and synthesis of a class of comb polymers bearing hydrophobic groups and amphoteric proton transfer groups, etc., whereby self-assembled structures of the hydrophobic group-containing polymers yield dramatically increased proton conductivities, etc., presumably due to a locally-increased concentration of proton-transport functionalities within the nano-phase separated domains ([0025]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee with the teachings of Thayumanavan, whereby the membrane including the porous substrate comprising the textile fabric (i.e., at least comb polymer applied to a porous support such as a non-woven fabric, woven fabric, etc., as discussed above in claim 1) as disclosed by the combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee further includes the comb polymer including polymer main chain with polymerized monomers as taught by Thayumanavan so as to yield dramatically increased proton conductivities, etc., presumably due to a locally-increased concentration of proton-transport functionalities within the nano-phase separated domains. Regarding claims 6 and 16, Matsumi discloses the membrane as discussed above in claim 1. However, Matsumi is silent as to at least one lateral chain comprises polymerized macromonomers (with regards to claim 6). Furthermore, Matsumi is silent as to the lateral chains have a molecular weight of 220 g/mol to 5,000 g/mol (with regards to claim 16). The combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee disclose the membrane including the porous substrate comprising the textile fabric with comb polymer including polymer main chain and lateral side chain(s) as discussed above in claim 1. Thayumanavan further teaches the term “polymer backbone” refers to the portion of the polymer other than the pendent hydrophobic groups, the pendent proton transfer groups, and the linking groups ([0031]), such that the combination of said pendent hydrophobic group(s), pendent proton transfer group(s) and linking group(s) at least comprise a lateral chain. Thayumanavan further teaches the pendent hydrophobic group is selected from the group consisting of C5-C20 hydrocarbyl, etc., [0049]), the pendent proton transfer group(s) include hydroxyl (-OH), (-SO3H), etc. ([0029]), and the linking groups include -(CH2)5-10-, -(CH2)5-10O-, etc. ([0030]), which at least provides, for example, the linking group –(CH2)10- that is 140 g/mol, the proton transfer group hydroxyl (-OH) that is 17 g/mol, and a hydrophobic group C5-C20 hydrocarbyl that is equal to and/or exceeds 71 g/mol (i.e., at least is equal to or exceeds the molecular weight of C5 hydrocarbyl), such that the summation of the aforementioned molecular weights (i.e., summation of 140 g/mol + 17 g/mol + 71 g/mol = 228 g/mol) provides a molecular weight that at least overlaps and/or encompasses the claimed range of 220 g/mol to 5,000 g/mol, therefore a prima facie case of obviousness exists (MPEP 2144.05, I.). Furthermore, since Thayumanavan provides the aforementioned molecular weight, this at least provides one lateral chain (i.e., combination of hydrophobic group, pendent proton transfer group and linking group) comprises polymerized macromonomers (i.e., See [0043] of the instant specification). Thayumanavan further teaches the molecular design and synthesis of a class of comb polymers bearing hydrophobic groups and amphoteric proton transfer groups, etc., whereby self-assembled structures of the hydrophobic group-containing polymers yield dramatically increased proton conductivities, etc., presumably due to a locally-increased concentration of proton-transport functionalities within the nano-phase separated domains ([0025]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee with the teachings of Thayumanavan, whereby the membrane including the porous substrate comprising the textile fabric (i.e., at least comb polymer applied to a porous support such as a non-woven fabric, woven fabric, etc., as discussed above in claim 1) as disclosed by the combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee further includes the comb polymer including polymer main chain and lateral chain with the molecular weight discussed above (i.e., comprising polymerized macromonomers) as taught by Thayumanavan so as to yield dramatically increased proton conductivities, etc., presumably due to a locally-increased concentration of proton-transport functionalities within the nano-phase separated domains. Regarding claim 7, Matsumi discloses the membrane as discussed above in claim 1. Matsumi further discloses in [0040] the film may be crosslinked by irradiation with electron beams or radiation in order to improve the mechanical strength of the film, etc., which at least provides the comb polymer is at least partially crosslinked by crosslinking units so as to improve the mechanical strength, and lacking any further chemical distinction thereof as to said crosslinking units. Regarding claim 11, Matsumi discloses the membrane as discussed above in claim 1. However, Matsumi is silent as to the membrane has a thickness of 10 µm to 4 cm. The combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee disclose the membrane including the comb polymer as discussed above in claim 1. Banerjee teaches a fuel cell incorporating a reinforced membrane (Title). Banerjee further teaches in C3:L34-48 the membrane of the present invention is a combination of the porous support layer and one or more ion exchange resin layers, etc., whereby as taught in C7:L15-19 the porous support layer may be a non-continuous or a continuous sheet or may be a fabric woven using various weave, etc. Banerjee further teaches in C11:L38-44 any method may be employed so long as it provides a coating or layer in which an ion exchange resin is integrally coated, laminated or supported on one or both sides of the porous support layer, whereby the total thickness of the membrane will be from about 20 to 550 µm, etc., which provides a membrane thickness range that is within the claimed range of the membrane has a thickness of 10 µm to 4 cm, thus a prima facie case of obviousness exists (MPEP 2144.05, I.). Banerjee further teaches in C1:L5-12 the present invention relates to a fuel cell or a battery which is useful for the production of electricity having a reinforced membrane, which advantageously possesses low transport of fuel and high mechanical strength (also see C3:L49-67, C4:L1-5, Table 1). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee with the teachings of Banerjee, whereby the membrane including the porous substrate comprising the textile fabric (i.e., at least comb polymer applied to a porous support such as a non-woven fabric, woven fabric, etc., as discussed above in claim 1) as disclosed by the combined teachings of Matsumi and Thayuamanavan and Song and Banerjee further includes the membrane thickness as taught by Banerjee so as to provide a fuel cell or a battery which is useful for the production of electricity having a reinforced membrane, which advantageously possesses low transport of fuel and high mechanical strength. Regarding claim 12, Matsumi discloses the membrane as discussed above in claim 1. Matsumi further discloses in [0013] cation exchange groups such as -SO3H, -COOH, -NHR, -NRR’, -NRR’R”+, -NH3+ (R, R’, and R” each independently represent an alkyl group, a cycloalkyl group, or an aryl group), etc., which at least provides the Lewis-acid and/or Lewis-base functionalities are selected from a group consisting of primary, secondary, tertiary, and quaternary amino groups, carboxyl, sulfonate, etc., from the group. (also see [0018]) Regarding claim 15, Matsumi discloses the membrane as discussed above in claim 1. Matsumi further discloses in [0001] the present invention relates to a polymer having an ion-exchange group, a polymer electrolyte, a polymer electrolyte membrane, a polymer electrolyte composite membrane, a catalyst composition, and a polymer electrolyte fuel cell, etc., whereby as disclosed in [0041] in order to further improve the strength, flexibility, and durability of the polymer electrolyte membrane, the polymer of the present invention can be impregnated into a porous substrate to form a composite membrane, which can then be used as a polymer electrolyte membrane. However, Matsumi is silent as to a functional textile and/or humidification module, comprising: the membrane according to claim 1. The combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee disclose the membrane as discussed above in claim 1. Since Matsumi discloses the membrane including the porous substrate comprising a textile fabric, the comb polymer, etc., and the combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee disclose said membrane including the limitations as discussed above in claim 1, the skilled artisan before the effective filing date would appreciate that the combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee at least provide a functional textile for use in a fuel cell so as to at least provide a functional textile comprising the membrane according to claim 1, and in order to further improve the strength, flexibility, and durability of the polymer electrolyte membrane, the polymer of the present invention can be impregnated into a porous substrate to form a composite membrane, which can then be used as a polymer electrolyte membrane. Claims 5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Matsumi and Thayuamanavan and Song and Banerjee and Lee as applied to claims 1 and 7, and further in view of in view of Lee et al. (U.S. PGPub US 2015/0125729 A1), hereinafter Lee ‘729. Regarding claims 5 and 8, Matsumi discloses the membrane as discussed above in claim 1. However, with regards to claim 5, Matsumi is silent as to the lateral chain has polymerized monomers selected from a group consisting of acrylates, methacrylates, acrylamides, methacrylamides, vinylamides, vinylpyridines, N-vinylimidazoles, N-vinyl-2- methylimidazoles, vinyl halides, styrenes, 2-methylstyrenes, 4-methylstyrenes, 2-(n- butyl)styrenes, 4-(n-butyl)styrenes, 4-(n-decyl)styrenes, N,N-diallylamines, N,N-diallyl-N- alkylamines, vinyl and allyl-substituted nitrogen heterocycles, vinyl ethers, acrylonitriles and methacrylonitriles, acrylic acids, methacrylic acids, vinylsulfonic acids, allylsulfonic acids, vinylphosphonic acids, styrene sulfonic acids, and/or mixtures thereof. Furthermore, with regards to claim 8, Matsumi is silent as to the crosslinking units are polymerized into the polymer main chain and/or a polymer lateral chain for the at least partial crosslinking of the comb polymer, wherein the crosslinking units comprise bifunctional or polyfunctional monomers, and wherein the bifunctional or polyfunctional monomers are selected from a group consisting of diacrylates, dimethyl acrylates, triacrylates, trimethacrylates, tetraacrylates, tetramethacrylates, pentaacrylates, pentamethacrylates, hexaacrylates, hexamethacrylates, diacrylamides, dimethacrylamides, triacrylamides, trimethacrylamides, tetraacrylamides, tetramethacrylamides, pentaacrylamides, pentamethacrylamides, hexaacrylamides, hexamethacrylamides, divinyl ethers, divinyl benzenes, 3,7-dimethyl-1,6-octadien-3-ol, and/or mixtures thereof. The combined teachings Matsumi and Thayuamanavan and Song and Banerjee and Lee disclose the membrane as discussed above in claim 1. Lee ‘729 further teaches an ion exchange membrane, method of preparing the same and redox flow battery comprising the same (Title), whereby the anion exchange membrane including a porous substrate; and a polymer disposed in the porous substrate is provided (Abstract, [0013], [0031], Fig. 1, ref. 110). Lee ‘729 further teaches the polymer is a polymerization product of a composition for forming an ion exchange membrane, the composition including a first monomer and a second monomer, etc., wherein the second monomer is polymerizable with the first monomer and is at least one selected from a (meth)acrylamide compound and a (meth)acrylate compound ([0013]-[0014], [0031]), which at least provides acrylate(s) and methacrylate(s) from the group. Lee ‘729 further teaches the composition for forming the ion exchange membrane may further include a cross-linking agent, whereby the cross-linking agent improves ion selectivity and physical/chemical stability and durability of the ion exchange membrane ([0043]). For example, Lee ‘729 teaches the cross-linking agent may comprise at least one selected from a bis((meth)acrylamide)-based compound and a di(meth)acrylate-based compound ([0043]-[0044]), which at least provides dimethyl acrylate(s) from the group. Since Lee ‘729 teaches the combination of the first and/or second monomer and cross-linking agent this at least provides bifunctional or polyfunctional monomer(s) (e.g., combining first and second monomers with cross-linking agent), such that the combination are at least crosslinking unit(s), lacking any further chemical distinction thereof as claimed. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee further with the teachings of Lee ‘729, whereby the membrane including the porous substrate comprising the textile fabric as disclosed by the combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee further includes the first and/or second monomer(s) and cross-linking agent as taught by Lee ‘729 such that said first and/or second monomer(s) and cross-linking agent are polymerized into the polymer main chain and/or polymer lateral chain of the comb polymer so as to improve ion selectivity and physical/chemical stability and durability of the membrane as taught by Lee ‘729. Claims 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Matsumi and Thayuamanavan and Song and Banerjee and Lee as applied to claim 15 above, and further in view of in view of Yamakawa et al. (U.S. PGPub US 2015/0125729 A1), hereinafter Yamakawa. Regarding claims 17-18, Matsumi discloses the functional textile as discussed above in claim 15. However, with regards to claim 17, Matsumi is silent as to the functional textile and/or humidification module comprises a humidifier. Furthermore, with regards to claim 18, Matsumi is silent as to the humidifier comprises a humidifier for fuel cells. Yamakawa teaches a composite membrane and moisture adjustment module using the same (Title). Yamakawa further teaches a composite in [0008] an object thereof is to provide a composite membrane ref. 10 in which the balance between the gas barrier properties and moisture permeability is further improved; and to provide a moisture adjustment module using the composite membrane ref. 10, etc., such that as disclosed in [0080] examples of such applications include a dehumidification membrane, a moistening membrane, a pervaporation membrane, etc., (also see Title, Abstract, [0006], [0009], [0023], Fig. 2, [0080]-[0081], [0084]). Since Yamakawa teaches in an object thereof is to provide a composite membrane in which the balance between the gas barrier properties and moisture permeability is further improved; and to provide a moisture adjustment module using the composite membrane, etc., such that examples of such applications include a moistening membrane, etc., and further discloses in [0006] a moistening membrane for using the water vapor included in the effluent gas (especially effluent gas on the side of the air electrode) of a fuel cell electrode in the humidification of the gas fed to a fuel electrode or the air electrode, etc., this at least provides the functional textile and/or humidification module comprises a humidifier (with regards to claim 17) and further provides the humidifier comprises a humidifier for fuel cells (with regards to claim 18), such that the skilled artisan would appreciate that the composite membrane is at least a humidifier so as to humidify the gas fed to a fuel electrode or the air electrode, etc., lacking any further distinction thereof as to said humidifier. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee with the teachings of Yamakawa, whereby the functional textile as disclosed by the combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee further includes the humidifier, as well as said humidifier comprises a humidifier for fuel cells, as taught by Yamakawa so as to provide a composite membrane in which the balance between the gas barrier properties and moisture permeability is further improved. Regarding claims 19-21, Matsumi discloses the membrane as discussed above in claim 1. However, with regards claim 19, Matsumi is silent as to the membrane has a Gurley value of at least 500 seconds. Furthermore, with regards claim 20, Matsumi is silent as to the membrane has a Gurley value of at least 800 seconds. Furthermore, with regards claim 21, Matsumi is silent as to the membrane has a Gurley value of at least 1,000 seconds. Yamakawa teaches a composite membrane and moisture adjustment module using the same (Title). Yamakawa further teaches a composite in [0008] an object thereof is to provide a composite membrane ref. 10 in which the balance between the gas barrier properties and moisture permeability is further improved; and to provide a moisture adjustment module using the composite membrane ref. 10, etc., such that as disclosed in [0080] examples of such applications include a dehumidification membrane, a moistening membrane, a pervaporation membrane, etc., (also see Title, Abstract, [0006], [0009], [0023], Fig. 2, [0080]-[0081], [0084]). Yamakawa further discloses in [0082] the air permeability of the composite membrane ref. 10 is, for example, 5,000 seconds or greater, etc., using a standard Gurley test, such that composite membranes are considered air impermeable within this application if they have a Gurley value greater than 5000s, etc. (also see Example 1, [0113]-[0116], Example 2, [0120]-[0121]), which is a value within the claimed ranges of a Gurley value of at least 500 seconds (with regards to claim 19), a Gurley value of at least 800 seconds (with regards to claim 20), and a Gurley value of at least 1,000 seconds (with regards to claim 21), thus a prima facie case of obviousness exists (MPEP 2144.05, I.). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee with the teachings of Yamakawa, whereby the membrane as disclosed by the combined teachings of Matsumi and Thayuamanavan and Song and Banerjee and Lee further includes the Gurley value as taught by Yamakawa so as to provide a composite membrane in which the balance between the gas barrier properties and moisture permeability is further improved. Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Matsumi et al. (JP2007126645 (A) and using Machine Translation as English version), hereinafter Matsumi, in view of Thayumanavan et al. (U.S. PGPub US 2011/0178190 A1), hereinafter Thayumanavan, in view of Lee et al. (U.S. PGPub US 2018/0351192 (A1), hereinafter Lee, or in the alternative, in view of Banerjee et al. (U.S. Patent No. 5,795,668), hereinafter Banerjee, in view of Lee et al. (U.S. PGPub US 2015/0125729 A1), hereinafter Lee ‘729. Regarding claim 22, Matsumi discloses a membrane for a selective transport of substances, comprising: a porous substrate (i.e., at least as disclosed in [0041] whereby in order to further improve the strength, flexibility, and durability of the polymer electrolyte membrane, the polymer of the present invention can be impregnated into a porous substrate to form a composite membrane, which can be used as a polymer electrolyte membrane, etc., whereby there are no particular limitations on the porous substrate, etc., and examples of the porous substrate include woven fabrics, nonwoven fabrics, etc.), lacking any further chemical and/or structural distinction thereof as to said porous substrate. Matsumi further discloses in [0041] the polymer of the present invention can be impregnated into a porous substrate to form a composite membrane, which can be used as a polymer electrolyte membrane, etc., which at least provides a comb polymer applied to the porous substrate (i.e., at least comb polymer applied to a porous support such as a non-woven fabric, woven fabric, etc., as discussed above). Matsumi further discloses in [0014] the polymer of the present invention is a comb-type branched polymer, etc., that has a repeating unit having the above ion-exchange group (see [0013] with regards to ion exchange groups such as -SO3H (sulfonic acid group), etc.), and further discloses in [0017] in the polymer of the present invention, the molecular chain constituting the polymer may be any of an aliphatic polymer, an aromatic polymer or a polymer having both an aliphatic chain and an aromatic chain, etc., whereby when at least the longest molecular chain among the branched polymer chains is used as the main chain of the branched polymer, the molecular chain forming the main chain is preferably an aromatic polymer in which aromatic rings are directly linked or linked via an atom or atomic group as a linking group, and the repeating unit having the above-mentioned ion-exchange group is preferably one having an aromatic ring, etc., which at least provides the comb polymer contains a polymer main chain (i.e., at least molecular chain forming main chain) and chains covalently bonded to the polymer main chain (i.e., at least repeating unit having the above-mentioned ion-exchange group, also see [0018]-[0021] with regards to repeating units with ion-exchange group(s) that are at least chains), lacking any further chemical distinction thereof as to said polymer main chain and/or chains. Since Matsumi discloses in [0014] the polymer of the present invention is a comb-type branched polymer, etc., that has a repeating unit having the above ion-exchange group (see [0013] with regards to ion exchange groups such as -SO3H (sulfonic acid group), etc.), this necessitates that at least one of the several lateral chains has at least one Lewis-acid and/or Lewis-base functionality such that -SO3H (sulfonic acid group) (i.e., involving the transfer of an H+ ion or proton) is at least a specific example of a Lewis-acid or Lewis-base (i.e., species (molecule or ion) that can accept or donate a pair of electrons), and lacking any further chemical distinction thereof as to said Lewis-acid and/or Lewis-base functionality. However, Matsumi is silent as to the comb polymer contains a polymer main chain and several lateral chains covalently bonded to the polymer main chain, and wherein at least one of the several lateral chains has at least one Lewis-acid and/or Lewis-base functionality. Furthermore, Matsumi is silent as to the membrane has a weight of 5 g/m2 to 500 g/m2. Furthermore, Matsumi is silent as to the porous substrate comprises a wet nonwoven fabric. Thayumanavan teaches comb polymers for supramolecular nanoconfinement (Title), whereby the comb polymers bear hydrophobic groups and amphoteric proton transfer groups ([0025]-[0027]) such that the polymer comprises a plurality of repeating units, wherein each repeating unit comprises pendent (i.e., monovalent) hydrophobic group, and a pendent (i.e., monovalent) proton transfer group (e.g., benzotriazole, [0027], [0052], [0082]). Thayumanavan further teaches the comb polymer contains a main chain (e.g., polymer backbone) and several lateral chains covalently bonded to the polymer main chain (See Annotated Fig. 11 above in claim 1), whereby the main chain is at least a polymer backbone and the lateral side chains attached to said polymer backbone are at least covalently bonded as shown in Annotated Fig. 3 for P2 above in claim 1 ([0012], [0082], [0089]). Thayumanavan further teaches the pendent proton transfer group is a gr
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Prosecution Timeline

Jun 10, 2021
Application Filed
Jun 14, 2023
Non-Final Rejection — §103, §112
Sep 13, 2023
Response Filed
Dec 19, 2023
Final Rejection — §103, §112
Mar 04, 2024
Interview Requested
Mar 25, 2024
Examiner Interview Summary
Mar 27, 2024
Request for Continued Examination
Mar 29, 2024
Response after Non-Final Action
Jul 10, 2024
Non-Final Rejection — §103, §112
Oct 14, 2024
Response Filed
Jan 14, 2025
Final Rejection — §103, §112
Mar 12, 2025
Response after Non-Final Action
Apr 22, 2025
Request for Continued Examination
Apr 23, 2025
Response after Non-Final Action
May 29, 2025
Non-Final Rejection — §103, §112
Aug 13, 2025
Response Filed
Aug 13, 2025
Response after Non-Final Action
Aug 27, 2025
Response Filed
Dec 03, 2025
Final Rejection — §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

7-8
Expected OA Rounds
51%
Grant Probability
66%
With Interview (+14.4%)
3y 3m
Median Time to Grant
High
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