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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/23/2025 has been entered.
This office action addresses pending claims 16, 18-27, and 31. Claim 16 was amended, claims 28-30 were cancelled, and claim 31 was added in the response filed 12/23/2025.
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.
Claim(s) 16, 18, 21, 25, and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okuyama et al. (JP 2001-236970, cited by applicant in the IDS, see machine translation) in view of Devoe et al. (US 2009/0123810), Yoshikata et al. (JP 2008-226478, see machine translation), and Ramanathan et al. (US 2009/0087697).
Regarding claim 16, Okuyama discloses a fuel cell 1 comprising a Si substrate 2 with a through hole 8 and second space 9 (board with opening) ([0020]), and a [solid] electrolyte member 5 including a first electrode 18 (first electrode disposed on the board and covers the opening), an electrolyte 19, and a second electrode 20 ([0008], [0026]). The first and second electrodes 18, 20 can be Pt ([0026]).
While the first electrode is gas permeable ([0013]), and therefore has a porous structure at least in the portion that covers the through hole 8 and second space 9 (opening), Okuyama does not explicitly disclose wherein at least a part of a portion of the first electrode layer other than the portion that covers the opening has a non-porous structure.
Devoe discloses a fuel cell where the electrodes (anodes 24 and cathodes 26) have porous areas 144 and non-porous areas 146 ([0380]), wherein the non-porous areas 146 are disposed at the ends of the electrodes in order to avoid gas leakage ([0381], [0387], Fig 74A-B and 82). As seen in Figure 82, the non-porous areas 146 are in portions that do not cover an opening.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the non-porous areas at the ends of the electrodes as taught by Devoe with the ends of first electrode at portions not covering the opening of Okuyama for the purpose of avoiding gas leakage.
With regards to the limitations of “the porous structure is made of an oxide of a metal, and the non-porous structure is made of a non-oxide of the same metal, or the porous structure is made of a non-oxide of a metal, and the non-porous structure is made of an oxide of the same metal”, Okuyama teaches the electrodes can be platinum ([0026]), and Devoe teaches that the electrodes may be a metal, alloy, or ceramic ([0137]), and can be silver, palladium, platinum, or gold ([0134]), or nickel ([0137]). Devoe further teaches that the non-porous sections can be made from a precious metal or non-oxidizing metal alloy ([0380]). That is, Devoe teaches that the non-porous sections are denser to than the porous sections in order to be non-porous ([0391]). Further, Devoe teaches that the materials of the anode and cathode will densify too much during the manufacture ([0354]).
Therefore, because Okuyama and Devoe teaches that the electrodes are made from precious metals (e.g., platinum) and Devoe teaches the non-porous sections are also made from precious metals (e.g., platinum), the porous structure and non-porous structure is made from the same metal.
With regards to the oxide of a metal and non-oxide of a metal, Yoshikata discloses a fuel cell comprising a fuel electrode 2, an electrolyte 3, and an air electrode 4 (abstract). The fuel cell electrode 2 can be made of a metal oxide and an oxide ion conductor, and specifically nickel oxide, iron oxide, cobalt oxide, copper oxide, ruthenium oxide, and the like ([0018]). Yoshikata teaches that when nickel oxide is reduced to nickel (metal oxide and metal), hydrogen oxidation activity is higher than other metals.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the metal oxide (nickel, iron, or cobalt oxide) of the fuel cell catalyst of Yoshikata with the platinum catalysts of Okuyama for the purpose of increasing the hydrogen oxidation activity.
Therefore, the combination has a porous structure is made of an oxide of a metal, and the non-porous structure is made of a non-oxide of the same metal, or the porous structure is made of a non-oxide of a metal, and the non-porous structure is made of an oxide of the same metal.
In addition, Okuyama teaches that the electrodes are gas permeable ([0013]), and therefore the electrodes are porous. Said pores are along the film thickness and the in-plane direction in order to provide the gas permeability.
While Okuyama teaches that the electrolyte can, for example, have a thickness of 1 μm ([0006], [0027]), Okuyama does not explicitly disclose the electrolyte as having a thickness of 100 nm or less, nor an acceptable range for the electrolyte.
Ramanathan discloses a solid oxide fuel cell having a solid oxide electrolyte layer less than about 100 nm thick disposed between an anode layer and a cathode layer ([0007]). The solid electrolyte can be made from YSZ ([0044]). Ramanathan teaches that the solid oxide fuel cell with electrolyte less than 100 nm thick has a high power density and ionic conductivity ([0006]-[0007]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the electrolyte thickness of 100 nm or less as taught by Ramanathan with the electrolyte to Okuyama for the purpose of producing a fuel cell with a high power density and ionic conductivity.
Regarding claim 18, modified Okuyama discloses all of the claim limitations as set forth above. Okuyama teaches the electrodes can be platinum ([0026]), and therefore is a porous platinum layer.
Regarding claim 21, modified Okuyama discloses all of the claim limitations as set forth above. Okuyama teaches the electrodes can include platinum ([0026]), and Yoshikata teaches metal oxides (nickel, iron, or cobalt oxide) in the catalyst ([0018]). Further, it would have been obvious to locate the metal oxide in the porous section in order to provide the catalytic activity.
Regarding claim 25, modified Okuyama discloses all of the claim limitations as set forth above. Okuyama further teaches a connection terminal 28 [wiring] disposed in contact with the second electrode 20 ([0031], see Fig 1), and the second electrode is gas-permeable and therefore is porous ([0013]).
Regarding claim 27, modified Okuyama discloses all of the claim limitations as set forth above. Okuyama teaches the fuel cell of claim 1 ([0001]), and conduits 30, 33, and 35 [supply ports] through which a gas is supplied to the fuel cell and pipes 31 and 37 [discharge ports] through which gas is discharged ([0031], Fig 1).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okuyama et al. (JP 2001-236970, cited by applicant in the IDS, see machine translation) in view of Devoe et al. (US 2009/0123810), Yoshikata et al. (JP 2008-226478, see machine translation), and Ramanathan et al. (US 2009/0087697), as applied to claim 16 above, and further in view of Ueda et al. (US 2008/0213647).
Regarding claim 19, modified Okuyama discloses all of the claim limitations as set forth above. While Okuyama teaches the electrodes can include platinum ([0026]), modified Okuyama does not explicitly disclose wherein the first electrode layer is formed of a mixed material of platinum and a base metal or a mixed material of platinum and a noble metal, a portion of the first electrode layer formed of the base metal and a portion of the first electrode layer formed of the noble metal have pores forming the porous structure, the base metal is at least one of nickel, cobalt, titanium, and iron, and the noble metal is at least one of palladium, iridium, ruthenium, and gold.
Ueda discloses a fuel cell system comprising an anode, a cathode, and an electrolyte (abstract). The catalysts of the anode and cathode can be simply of platinum or comprise an alloy or mixture comprising platinum and other metal, such as ruthenium, iron, cobalt, nickel, chromium, molybdenum, rhodium, palladium, osmium, and iridium ([0029]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use an alloy or mixture comprising platinum and any metal of ruthenium, iron, cobalt, nickel, palladium as taught by Ueda with the catalyst of Okuyama for the purpose of providing an additional catalyst with catalytic activity.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okuyama et al. (JP 2001-236970, cited by applicant in the IDS, see machine translation) in view of Devoe et al. (US 2009/0123810), Yoshikata et al. (JP 2008-226478, see machine translation), and Ramanathan et al. (US 2009/0087697), as applied to claim 16 above, and further in view of Wan (WO 2005/004274, see machine translation).
Regarding claim 20, modified Okuyama discloses all of the claim limitations as set forth above. While Okuyama teaches the electrodes can include platinum ([0026]), and Yoshikata teaches metal oxides (nickel, iron, or cobalt oxide) in the catalyst ([0018]), modified Okuyama does not explicitly disclose wherein the first electrode layer includes a platinum layer, a metal layer, and the porous structure, the porous structure is formed in a region that covers the opening, the porous structure is formed of a mixed material of platinum and an oxide of the metal, and the metal is at least one of titanium, cobalt, nickel, iron, zirconium, and cerium.
That is, modified Okuyama does not explicitly disclose the metal layer.
Wan discloses membrane electrode for a fuel cell (abstract). In an embodiment, the membrane 11 has porous conductive substrate 2, a second catalytic layer 3, and a first catalytic layer 4 (page 6 of translation). The second catalytic layer 3 can use noble metals such as platinum, iridium, ruthenium, and osmium as a catalyst, and may be a simple substance, an alloy, or some other precious metal oxide or mixed precious metal oxide having electrochemical catalytic activity (page 6). The first catalytic layer 4 is made of platinum or a platinum alloy, and other noble metal oxides or mixed noble metal oxides having a catalytic activity (page 6). Wan teaches that the different catalytic layers have different functions, and the second catalytic layer has an advantage to high resistance to acid corrosion (page 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of two different catalyst layers (including a metal layer with metals of Yoshikata) as taught by Wan with the first electrode of modified Okuyama for the purpose of having catalyst for performing different functions, including higher resistance to acid corrosion.
Claim(s) 22-24 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okuyama et al. (JP 2001-236970, cited by applicant in the IDS, see machine translation) in view of Devoe et al. (US 2009/0123810), Yoshikata et al. (JP 2008-226478, see machine translation), and Ramanathan et al. (US 2009/0087697), as applied to claim 16 above, and further in view of Fujii et al. (US 2003/0170520).
Regarding claim 22, modified Okuyama discloses all of the claim limitations as set forth above. While Okuyama teaches an impurity diffusion layer 12,14 between the Si substrate 2 and solid electrolyte layer 19 [insulating layer disposed between the board and the solid electrolyte layer] (Fig 1), modified Okuyama does not explicitly disclose wherein the opening 8/9 is divided into a plurality of sections by the insulating layer.
Fujii discloses a small fuel cell comprising a substrate 11 having a plurality of openings 16; an electrolyte membrane-electrode assembly formed on the substrate so as to cover each of the openings, the assembly comprising a first catalyst electrode layer 12, a polymer electrolyte membrane 13, and a second catalyst electrode layer 14 ([0010], Fig 1). A mask layer 17 is formed above the substrate 11, and functions as a protection layer ([0052], Fig 1). As seen in Figures 1-2, there are a plurality of MEAs, and therefore the openings are divided into a plurality of sections that are separated by the openings 16.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the multiple MEAs on a single substrate with the masking layer of Fujii with the fuel cell of modified Okuyama for the purpose of increasing the power and/or energy supplied.
Regarding claim 23, modified Okuyama discloses all of the claim limitations as set forth above. While Okuyama teaches a connection terminal 27 [wiring] in contact with the first electrode layer (Fig 1), modified Okuyama does not explicitly disclose wherein the opening is divided into a plurality of sections by the wiring.
Fujii discloses a small fuel cell comprising a substrate 11 having a plurality of openings 16; an electrolyte membrane-electrode assembly formed on the substrate so as to cover each of the openings, the assembly comprising a first catalyst electrode layer 12, a polymer electrolyte membrane 13, and a second catalyst electrode layer 14 ([0010], Fig 1). Further, the MEAs are connected in series or parallel by connector 15 (Figs 1-2). As seen in Figures 1-2, there are a plurality of MEAs, and therefore the openings are divided into a plurality of sections by the wiring/connector.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the multiple MEAs on a single substrate with the connectors of Fujii with the fuel cell of modified Okuyama for the purpose of increasing the power and/or energy supplied.
Regarding claim 24, modified Okuyama discloses all of the claim limitations as set forth above. While Okuyama teaches an opening 8/9 [pore] in the substrate 2 and is made of silicon [a semiconductor substrate] ([0022]), modified Okuyama does not explicitly disclose where the board is a porous substrate having pores (i.e., more than one pore), and the opening is formed by the pores.
Fujii discloses a small fuel cell comprising a substrate 11 having a plurality of openings 16; an electrolyte membrane-electrode assembly formed on the substrate so as to cover each of the openings, the assembly comprising a first catalyst electrode layer 12, a polymer electrolyte membrane 13, and a second catalyst electrode layer 14 ([0010], Fig 1). Further, the MEAs are connected in series or parallel by connector 15 (Figs 1-2). As seen in Figures 1-2, there are a plurality of MEAs, and therefore the openings are divided into a plurality of sections by the wiring/connector.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the multiple MEAs on a single substrate with the openings of Fujii with the fuel cell of modified Okuyama for the purpose of increasing the power and/or energy supplied.
Regarding claim 26, modified Okuyama discloses all of the claim limitations as set forth above. While Okuyama teaches the electrolyte has a thickness of about 1 μm ([0006], [0027]), and the thickness of the first and second electrodes can be about 1 μm ([0027]), modified Okuyama does not explicitly disclose wherein a film thickness of the solid electrolyte layer is smaller than a film thickness of the first electrode layer.
Fujii discloses a small fuel cell comprising a substrate 11 having a plurality of openings 16; an electrolyte membrane-electrode assembly formed on the substrate so as to cover each of the openings, the assembly comprising a first catalyst electrode layer 12, a polymer electrolyte membrane 13, and a second catalyst electrode layer 14 ([0010], Fig 1). Fujii further teaches that the electrolyte membrane can be from 0.5 to 5 μm ([0053]). That is, Fujii teaches that the electrolyte membrane can be made thinner than the example of Okuyama. As the thickness of the electrolyte membrane affects the cost and structural integrity, the precise thickness of the membrane would have been considered a result effective variable.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to optimize, by routine experimentation, the thickness of the electrolyte membrane (including in the range of 500-1000 nm, which is smaller than the thickness of the electrodes of 1 μm) in the fuel cell of modified Okuyama for the purpose of obtaining the desired balance between cost and structural integrity.
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okuyama et al. (JP 2001-236970, cited by applicant in the IDS, see machine translation) in view of Devoe et al. (US 2009/0123810), Yoshikata et al. (JP 2008-226478, see machine translation), and Ramanathan et al. (US 2009/0087697), as applied to claim 16 above, and further in view of Liu (US 2012/0321981).
Regarding claim 31, modified Okuyama discloses all of the claim limitations as set forth above. While Okuyama teaches that the electrolyte is YSZ [yttrium stabilized/doped zirconia] ([0009]), Okuyama does not explicitly disclose the YSZ as having a doping amount of yttria between 3% and 8%.
Liu discloses a fuel cell system having an electrolyte 26 disposed between the anode layer and the cathode layer (abstract). The electrolyte layer 26 is formed of YSZ [yttrium stabilized/doped zirconia], such as 3YSZ and/or 8YSZ ([0036]). Liu demonstrates that this naming convention [3YSZ, 8YSZ] means that the yttria is doped between 3-8% in the YSZ electrolyte layer. Liu demonstrates this naming convention Table 1 after paragraph [0136] in “Substrate surface modification layer | 3-8 mol% Y2O3-ZrO2 | 8YSZ”, and demonstrates that the electrolyte is 3YSZ (3% doped Y) in the same table. Also see Table 4 (“Electrolyte | 3-8 mol% Y2O3-ZrO2 or…| 3YSZ”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use yttria in the amount of 3-8% of a YSZ electrolyte as taught by Liu in the YSZ electrolyte Okuyama for the purpose of having a known and appropriately doped amount of yttria in the yttria stabilized/doped zirconia to obtain predictable results.
Response to Arguments
Applicant’s arguments with respect to claim(s) 16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/JACOB BUCHANAN/ Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/ Supervisory Patent Examiner, Art Unit 1725