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 Objections
Claim 7 is objected to because of the following informalities: In claim 7, line 3, “microporous layer” should read “a microporous layer”. Appropriate correction is required.
Election/Restrictions
Applicant’s election of claims 7-13 in the reply filed on 06/28/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 1-6 are withdrawn.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kato (US 6054230 A).
Regarding claim 7, Kato discloses a gas diffusion electrode (Col. 9, line 30) comprising A. a carbon substrate layer (Col. 9, lines 49-51, collector sheet), B. a microporous layer disposed on the carbon substrate layer, the microporous layer comprising a carbon and a hydrophobic binder (Col. 9, lines 32-52, porous electrode sheet with a pore size of 1 micrometer, equivalent to microporous layer, comprising carbon black and PTFE, equivalent to a hydrophobic binder, see also Col. 1, lines 33-41), and C. a catalyst layer disposed on the microporous layer (Col. 9-10, lines 56-2, Col. 3-4, lines 62-3).
Regarding claim 8, Kato discloses the limitations of claim 7. Kato further discloses that the hydrophobic binder comprises PTFE (Col. 9, lines 32-52, porous electrode sheet with a pore size of 1 micrometer, equivalent to microporous layer, comprising carbon black and PTFE, equivalent to a hydrophobic binder, see also Col. 1, lines 33-41).
Regarding claim 9, Kato discloses the limitations of claim 7. Kato further discloses that the catalyst layer additionally comprises an ionomeric binder (Col. 7, lines 46-50, Col. 5, lines 54-66, Col. 9, lines 57-61, solid polymer ion exchange resin acts as a binder in the catalyst material, the solid polymer ion exchange resin is Nafion®, an ionomer).
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.
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kato (US 6054230 A) in view of Park et al. (US 20200358120 A1).
Regarding claim 10, Kato discloses the limitations of claim 9. Kato is silent regarding the ionomeric binder comprising a phosphonated polymer.
Park discloses a polymer electrolyte membrane fuel cell comprising a polymer electrolyte membrane between an anode and a cathode (Park paragraph 0010, figure 1). Park further discloses that the fuel cell comprises a catalyst ionomeric binder corresponding to at least one of the electrodes, the binder comprising a phosphonated polymer (Park paragraphs 0010, 0061). The reference teaches that incorporating the catalyst ionomeric binder comprising phosphonated polymers into high temperature fuel cells reduces or prevents acid leaching (Park paragraphs 0004, 0021). Park and Kato are analogous because they both disclose high-temperature fuel cells with ionomeric binders (Park paragraph 0004, high-temperature is considered 30C to 350C, Kato Col. 10, lines 32-39, operating temperature of 80C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the Nafion® of Kato with the phosphonated binder disclosed by Park into a third composition because the courts have held that combining two compositions taught by prior art and performing the same function is obvious to a skilled artisan. "It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980). See also MPEP 2144.06. In the instant case, the Nafion® taught by Kato functions as a binder (Col. 7, lines 46-50, Col. 5, lines 54-66, Col. 9, lines 57-61), performing the same purpose as the phosphonated binder disclosed by Park. Therefore, it would have been prima facie obvious to form a combined composition including the two elements.
Regarding claim 11, modified Kato discloses the limitations of claim 10. Kato further discloses that the catalyst layer comprises a sulfonic acid polyelectrolyte (Col. 9, lines 56-61, Nafion® perfluorosulfonic acid resin mixed in catalyst layer, which is a sulfonic acid polyelectrolyte).
Regarding claim 12, modified Kato discloses the limitations of claim 11. Kato further discloses that the sulfonic acid polyelectrolyte comprises perfluorosulfonic acid (Col. 9, lines 56-61, Nafion® perfluorosulfonic acid resin mixed in catalyst layer).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kato (US 6054230 A) in view of Ebbrell et al. (US 20040175506 A1).
Regarding claim 13, Kato discloses the limitations of claim 7. Kato is silent regarding a topcoat layer disposed on the catalyst layer, where the topcoat layer comprises at least one of an ionomer and phosphoric acid.
Ebbrell discloses a method of applying an ionomer layer as a stable foam to a substrate, which may include a catalyst layer, and fuel cells incorporating the method (Ebbrell paragraphs 0014-0020). Ebbrell further discloses a membrane electrode assembly comprising a gas diffusion electrode which includes an ionomer-containing stable foam coated on the catalyst layer (Ebbrell paragraphs 0030, 0042, ionomer layer coated on the catalyst layer is equivalent to a topcoat layer). The reference teaches that when the ionomer layer is applied to the catalyst layers in a membrane electrode assembly, a continuum of ionomer is formed between the anode and cathode catalyst surfaces, improving access to protons, which increases efficiency and power density (Ebbrell paragraphs 0008-0010). Ebbrell and Kato are analogous because they both disclose membrane electrode assemblies comprising ionomeric materials.
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 gas diffusion electrode disclosed by Kato to include an ionomer layer applied to the catalyst layer as disclosed by Kato. Doing so would improve efficiency and power density.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20220302486 A1 discloses a membrane electrode assembly comprising a carbon substrate, a microporous layer, and a catalyst layer. US 20210305589 A1 discloses a layered fuel cell comprising a gas diffusion layer substrate, a microporous layer including carbon and a binder, and a catalyst coating.
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/B.T.L./Examiner, Art Unit 1727
/STEPHAN J ESSEX/Primary Examiner, Art Unit 1727