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 final office action in response to applicant's arguments and remarks filed on 11/19/2025.
Status of Rejections
The objections to the claims are withdrawn in view of applicant’s amendments.
The rejection of claim(s) 3 and 12 under 35 USC 112(b) is/are withdrawn in view of applicant’s amendment.
All other previous rejections are withdrawn in view of applicant’s amendments.
New grounds of rejection are necessitated by applicant’s amendments.
Claims 1, 3-5, 7-10, 12-14 and 16-23 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, 3-5, 7-8, 10, 12-14, 16-17, 19 and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (U.S. 2008/0193827) in view of Siddiqui et al. (U.S. 2021/0025064).
Regarding claim 1, Jang teaches a catalyst coated ionically conductive membrane (see e.g. Paragraph 0001, lines 1-3) comprising:
an ionically conductive membrane (see e.g. Fig. 6, proton-conducting PEM layer; Paragraph 0070, lines 17-19); and
an anode catalyst coating layer on a first surface of the ionically conductive membrane and a cathode catalyst coating layer on a second surface of the ionically conductive membrane (see e.g. Fig. 6, electrocatalyst layer forming anode and cathode on either side of the PEM layer; Paragraph 0070, lines 1-2 and 17-19, and Claim 17);
wherein the anode catalyst coating layer comprises an electrically conductive polymer (see e.g. Fig. 6, for catalyst composition as anode, proton- and electron- conductive matrix material 64 comprising an electrically conductive polymer; Paragraph 0070, lines 1-3 and 6-8, and Paragraph 0079, lines 1-4) and an anode catalyst comprising iridium (see e.g. Fig. 6, catalyst particles 66 comprising transition metal such as iridium; Paragraph 0070, line 12, and Paragraph 0067, lines 22-23).
Jang does not explicitly teach the electrically conductive polymer comprising poly(3,4-ethylenedioxythiophene) (PEDOT), but does teach that it may comprise a derivative of polythiophene (see e.g. Paragraph 0079, lines 4-9).
Siddiqui teaches an electrochemical cell comprising an electrode coated with an electrocatalyst (see e.g. Abstract), wherein the electrocatalyst coating comprises a binder which may include a conductive polymer such as poly(3,4 ethylene dioxythiophene (PEDOT) (see e.g. Paragraph 0140, lines 1-4, and Paragraph 0142, lines 10-19).
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 electrically conductive polymer of Jang to comprise poly(3,4 ethylene dioxythiophene (PEDOT) as taught by Siddiqui as a particular conductive polymer derivative of polythiophene suitable for use in an electrode catalyst coating. 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. Further, MPEP § 2144.07 states “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”.
Regarding claim 3, Jang as modified by Siddiqui teaches the electrically conductive polymer further comprising polystyrene sulfonate, polyacetylene, polyaniline, polypyrrole, polythiophene, polyfuran, or mixtures thereof (see e.g. Jang Paragraph 0079, lines 4-9, and Claim 13; see e.g. Siddiqui Paragraph 0142, lines 10-19).
Regarding claim 4, modified Jang teaches the anode catalyst coating layer further comprising a polymeric ionomer (see e.g. Jang Fig. 6, for catalyst composition as anode, proton- and electron- conductive matrix material 64 comprising a proton-conductive polymer; Paragraph 0070, lines 1-3 and 6-8, and Paragraph 0079, lines 1-4).
Regarding claim 7, modified Jang teaches the polymeric ionomer comprising a proton-conductive fluorinated or non-fluorinated polymeric ionomer (see e.g. Jang Paragraph 0085, various examples of fluorinated and non-fluorinated proton-conducting polymers).
Regarding claim 8, modified Jang teaches the ionically conductive membrane comprising a proton-exchange membrane (see e.g. Jang Fig. 6, proton-conducting PEM layer; Paragraph 0070, lines 17-19).
Regarding claim 10, Jang teaches a membrane electrode assembly (see e.g. Paragraph 0001, lines 1-4) comprising:
an ionically conductive membrane (see e.g. Fig. 6, proton-conducting PEM layer; Paragraph 0070, lines 17-19);
a first porous transport layer adjacent to a first side of the ionically conductive membrane (see e.g. Fig. 6, porous GDL layer comprising carbon fibers 62 on anode side of PEM layer; Paragraph 0070, lines 1-2 and 12-14, and Paragraph 0108, lines 1-5);
a second porous transport layer adjacent to a second side of the ionically conductive membrane (see e.g. Fig. 6, porous GDL layer comprising carbon fibers 62 on cathode side of PEM layer; Paragraph 0070, lines 1-2 and 12-14, and Paragraph 0108, lines 1-5);
an anode between the first side of the ionically conductive membrane and the first porous transport layer (see e.g. Fig. 6, electrocatalyst layer as anode between sides of PEM layer and GDL layer; Paragraph 0070, lines 1-3, and Paragraph 0108, lines 1-5), the anode comprising an anode catalyst coating layer on the first side of the ionically conductive membrane adjacent to the first porous transport layer or on a first side of the first porous transport layer adjacent to the first side of the ionically conductive membrane (see e.g. Paragraph 0068, catalyst composition coated onto GDL or onto surface of PEM layer); and
a cathode between the second side of the ionically conductive membrane and the second porous transport layer (see e.g. Fig. 6, electrocatalyst layer as cathode between sides of PEM layer and GDL layer; Paragraph 0070, lines 1-2, and Paragraph 0108, lines 1-5), the cathode comprising a cathode catalyst coating layer on the second side of the ionically conductive membrane adjacent to the second porous transport layer or on a first side of the second porous transport layer adjacent to the second side of the ionically conductive membrane (see e.g. Paragraph 0068, catalyst composition coated onto GDL or onto surface of PEM layer);
wherein the anode catalyst coating layer comprises an electrically conductive polymer (see e.g. Fig. 6, for catalyst composition as anode, proton- and electron- conductive matrix material 64 comprising an electrically conductive polymer; Paragraph 0070, lines 1-3 and 6-8, and Paragraph 0079, lines 1-4) and an anode catalyst comprising iridium (see e.g. Fig. 6, catalyst particles 66 comprising transition metal such as iridium; Paragraph 0070, line 12, and Paragraph 0067, lines 22-23).
Jang does not explicitly teach the electrically conductive polymer comprising poly(3,4-ethylenedioxythiophene) (PEDOT), but does teach that it may comprise a derivative of polythiophene (see e.g. Paragraph 0079, lines 4-9).
Siddiqui teaches an electrochemical cell comprising an electrode coated with an electrocatalyst (see e.g. Abstract), wherein the electrocatalyst coating comprises a binder which may include a conductive polymer such as poly(3,4 ethylene dioxythiophene (PEDOT) (see e.g. Paragraph 0140, lines 1-4, and Paragraph 0142, lines 10-19).
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 electrically conductive polymer of Jang to comprise poly(3,4 ethylene dioxythiophene (PEDOT) as taught by Siddiqui as a particular conductive polymer derivative of polythiophene suitable for use in an electrode catalyst coating. 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. Further, MPEP § 2144.07 states “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”.
Regarding claim 12, Jang as modified by Siddiqui teaches the electrically conductive polymer further comprising polystyrene sulfonate, polyacetylene, polyaniline, polypyrrole, polythiophene, polyfuran, or mixtures thereof (see e.g. Jang Paragraph 0079, lines 4-9, and Claim 13; see e.g. Siddiqui Paragraph 0142, lines 10-19).
Regarding claim 13, modified Jang teaches the anode catalyst coating layer further comprising a polymeric ionomer (see e.g. Jang Fig. 6, for catalyst composition as anode, proton- and electron- conductive matrix material 64 comprising a proton-conductive polymer; Paragraph 0070, lines 1-3 and 6-8, and Paragraph 0079, lines 1-4).
Regarding claim 16, modified Jang teaches the polymeric ionomer comprising a proton-conductive fluorinated or non-fluorinated polymeric ionomer (see e.g. Jang Paragraph 0085, various examples of fluorinated and non-fluorinated proton-conducting polymers).
Regarding claim 17, modified Jang teaches the ionically conductive membrane comprising a proton-exchange membrane (see e.g. Jang Fig. 6, proton-conducting PEM layer; Paragraph 0070, lines 17-19).
Regarding claim 19, modified Jang teaches the membrane electrode assembly further comprising: a pair of bipolar plates, one plate adjacent to the outside of the first porous transport layer and one plate adjacent to the outside of the second porous transport layer (see e.g. Jang Paragraph 0003, lines 1-13, and Claims 16 and 20, first and second bipolar plates connected to first and second gas diffusion layers).
Regarding claims 21 and 23, modified Jang teaches the cathode catalyst coating layer comprising a cathode catalyst, a polymeric ionomer and an electrically conductive polymer (see e.g. Jang Fig. 6, catalyst composition as cathode comprising catalyst particles 66 and proton- and electron- conductive matrix material 64 comprising an electrically conductive polymer and a proton-conductive polymer; Paragraph 0070, lines 1-2, Paragraph 0071, and Paragraph 0079, lines 1-4).
Regarding claims 5 and 14, modified Jang teaches the cathode catalyst comprising platinum, ruthenium, osmium, rhodium, palladium, vanadium, cobalt, nickel, iron, copper, chromium, alloys thereof, oxides thereof or combinations thereof (see e.g. Jang Paragraph 0067, lines 15-22, and Paragraph 0087, lines 9-19, transition metal catalytic particles comprising the listed metals and compounds).
Regarding claim 22, Jang as modified by Siddiqui teaches the electrically conductive polymer further comprising polystyrene sulfonate, polyacetylene, polyaniline, polypyrrole, polythiophene, polyfuran, or mixtures thereof (see e.g. Jang Paragraph 0079, lines 4-9, and Claim 13; see e.g. Siddiqui Paragraph 0142, lines 10-19).
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Jang in view of Siddiqui, as applied to claims 8 and 17 above, and further in view of Hammond et al. (U.S. 2009/0197138).
Regarding claims 9 and 18, modified Jang teaches all the elements of the membrane of claim 8 and membrane electrode assembly of claim 17 as stated above. Modified Jang does not teach the proton-exchange membrane comprises a polyelectrolyte multilayer coated proton-exchange membrane comprising a cation exchange membrane and a polyelectrolyte multilayer coating on a surface of the cation exchange membrane, wherein the polyelectrolyte multilayer coating comprises alternating layers of a polycation polymer and a polyanion polymer, and wherein the polycation polymer layer is in contact with the cation exchange membrane. Jang does however teach the proton-exchange membrane comprising a cation exchange membrane such as Nafion (see e.g. Jang Paragraph 0065, lines 15-18), and being used in fuel cells (see e.g. Jang Paragraph 0001).
Hammond teaches a polymer electrolyte film for an electrochemical device such as a fuel cell (see e.g. Abstract) comprising a polyelectrolyte multilayer comprising alternating layers of a polycation polymer and a polyanion polymer (see e.g. Paragraphs 0043-0046) coated on a substrate such as a Nafion membrane in contact with either the polycation or polyanion layer (see e.g. Paragraph 0029, lines 1-6, and Paragraphs 0069 and 0074), the polymer electrolyte film with the multilayer structure providing the electrochemical device with increased power efficiency due to its low ionic resistance (see e.g. Paragraph 0006, lines 7-13), the coated film particularly showing improved power output and performance in a fuel cell as compared to Nafion by itself (see e.g. Paragraph 0029, lines 1-3 and 15-23, and Paragraph 0030, lines 8-10).
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 proton exchange membrane of modified Jang to comprise the Nafion membrane coated with a polyelectrolyte multilayer comprising alternating layers of polycation and polyanion polymers, with either the polycation or polyanion layer in contact with the Nafion membrane, as taught by Hammond to increase power efficiency of an electrochemical device comprising the membrane and particularly improve power output and performance for a fuel cell with the membrane as compared to the Nafion alone.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Hegge et al. (U.S. 2022/0307141) in view of Siddiqui.
Regarding claim 20, Hegge teaches an electrolysis system for water electrolysis (see e.g. Paragraph 0164, electrolytic cell stack for production of hydrogen and oxygen from water) comprising:
at least one cell forming a cell stack (see e.g. Paragraph 0162, lines 1-4, electrolytic cell stack comprising a plurality of electrolytic cells), the at least one cell comprising:
a membrane electrode assembly (see e.g. Paragraph 0001, lines 1-4, layer system comprising a polymer membrane between catalytically active layers), wherein the membrane electrode assembly comprises:
an ionically conductive membrane (see e.g. Fig. 1, polymer electrolyte membrane 7 which is ionically conductive; Paragraph 0141);
a first side of a first porous transport layer adjacent to a first side of the ionically conductive membrane (see e.g. Fig. 1, top of anode-side transport layer 11 on bottom side of polymer electrolyte membrane 7; Paragraphs 0038-0040, and Paragraph 0041, lines 1-2);
a first side of a second porous transport layer adjacent to a second side of the ionically conductive membrane (see e.g. Fig. 1, bottom of cathode-side transport layer 4 on top side of polymer electrolyte membrane 7; Paragraphs 0035-0038, and Paragraph 0041, lines 1-2);
an anode between the first side of the ionically conductive membrane and the first side of the first porous transport layer (see e.g. Fig. 1, catalyst layer anode 9 between bottom of polymer electrolyte membrane 7 and top of anode-side transport layer 11; Paragraphs 0038-0040, and Paragraph 0041, lines 1-2), the anode comprising an anode catalyst coating layer on the first side of the ionically conductive membrane adjacent to the first porous transport layer or on the first side of the first porous transport layer adjacent to the first side of the ionically conductive membrane (see e.g. Paragraph 0097, catalytically active layer for anode formed by coating on respective side of membrane or transport layer);
a cathode between the second side of the ionically conductive membrane and the first side of the second porous transport layer (see e.g. Fig. 1, catalyst layer cathode 5 between top of polymer electrolyte membrane 7 and bottom of cathode-side transport layer 4; Paragraphs 0035-0038, and Paragraph 0041, lines 1-2), the cathode comprising a cathode catalyst coating layer on the second side of the ionically conductive membrane adjacent to the second porous transport layer or on the first side of the second porous transport layer adjacent to the second side of the ionically conductive membrane (see e.g. Paragraph 0097, catalytically active layer for cathode formed by coating on respective side of membrane or transport layer); wherein the anode catalyst coating layer comprises an electrically conductive polymer (see e.g. Paragraph 0039, Paragraph 0041, lines 6-7, Paragraph 0046 and Paragraph 0092, catalytically active anode layer comprising catalytically active nanoparticles mixed with electrically conductive nanofibers formed by coating process using binder such as electrically conductive polymer to stabilize layer) and an anode catalyst comprising iridium (see e.g. Paragraph 0099, lines 3-5, and Paragraph 0106, catalytically active material at the anode side comprising iridium or IrOx); and
a pair of bipolar plates, one plate adjacent to the outside of the first porous transport layer and one plate adjacent to the outside of the second porous transport layer (see e.g. Fig. 1 and Paragraph 0162, lines 4-5, bipolar plates arranged between individual cells, and therefore adjacent the outer sides of the respective anode and cathode transport layers); and
a pair of current collectors, a first current collector adjacent to a first end of the cell stack and a second current collector adjacent to a second end of the cell stack (see e.g. Paragraph 0162, lines 5-6, end plates for connectivity, i.e. current collectors, at the ends of the stack).
Hegge does not explicitly teach the electrically conductive polymer comprises poly(3,4-ethylenedioxythiophene) (PEDOT), but does teach it being a binder polymer (see e.g. Paragraph 0092, lines 6-9).
Siddiqui teaches an electrochemical cell comprising an electrode coated with an electrocatalyst (see e.g. Abstract), wherein the electrocatalyst coating comprises a binder which may include a conductive polymer such as poly(3,4 ethylene dioxythiophene (PEDOT) (see e.g. Paragraph 0140, lines 1-4, and Paragraph 0142, lines 10-19).
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 electrically conductive polymer of Hegge to comprise poly(3,4 ethylene dioxythiophene (PEDOT) as taught by Siddiqui as a particular suitable electrically conductive polymer for use as a binder in an electrode catalyst coating layer. 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. Further, MPEP § 2144.07 states “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”.
Response to Arguments
Applicant’s arguments, see pages 8-9, filed 11/19/2025, with respect to the rejection(s) of amended claim(s) 1 and 10 under 35 USC 102 over Jang, particularly regarding the electrically conductive polymer comprising PEDOT, 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 Jang and Siddiqui.
Applicant’s arguments, see pages 9-10, filed 11/19/2025, with respect to the rejection(s) of amended claim(s) 20 under 35 USC 103 over Hegge in view of Kamai, particularly regarding the electrically conductive polymer comprising PEDOT, 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 Hegge and Siddiqui.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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/M.S.J./Examiner, Art Unit 1795
/LUAN V VAN/Supervisory Patent Examiner, Art Unit 1795