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 .
Examiner’s Comments
Applicants’ response filed on 2/16/2026 has been fully considered. Claims 1-20 are pending.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Okanishi et al (JP 2008-123728 A) in view of Taniguchi et al (US 2017/0141407 A1).
A machine translation is being used as the English translation for Okanishi et al (JP 2008-123728 A).
Regarding claim 1, Okanishi discloses a catalyst layer coated electrolyte membrane for electrochemical cells (membrane catalyst layer assembly; paragraph [0001]), the catalyst layer coated electrolyte membrane (membrane catalyst layer assembly; paragraph [0001]) comprising:
a solid electrolyte membrane (polymer electrolyte membrane; Fig. 2 #11; paragraph [0030]);
a first catalyst layer having first and second sides outwardly opposite to each other (Fig. 2 #12a; paragraph [0030]), the first side of the first catalyst layer being disposed on a surface of the solid electrolyte membrane (bottom surface of first catalyst layer #22a is disposed on top surface of polymer electrolyte membrane; Fig. 2 #22a; paragraph [0030]) and;
a second catalyst layer disposed on a surface of the first catalyst layer (Fig. 2 #32; paragraph [0030]), the surface of the first catalyst layer being located at the second side of the first catalyst layer (bottom surface of second catalyst layer is disposed on top surface of first catalyst layer; Fig. 2 #32a; paragraph [0030]),
wherein the first catalyst layer contains a first catalyst supporting support in which a first catalytically active component is supported on a first support (electrode catalyst in innermost layer of anode catalyst layer comprises conductive carbon; paragraph [0017]),
the second catalyst layer contains a second catalyst-supporting support in which a second catalytically active component is supported on a second support (electrode catalyst in outermost layer of anode catalyst layer comprises support of metal oxide; paragraph [0017]) and the second support containing a second metal oxide (electrode catalyst in outermost layer of anode catalyst layer comprises support of metal oxide; paragraph [0017]).
Okanishi does not disclose the catalyst layer coated electrolyte membrane comprising the first support containing a first metal oxide.
However, Taniguchi discloses a membrane electrode assembly comprising a first support containing a first metal oxide (catalyst layer of the cathode comprising carbon or an inorganic oxide of tin oxide as a carrier for the catalyst comprising platinum where the catalyst layer of the anode is configured to be same as the catalyst layer of the cathode; paragraphs [0029], [0033], [0035] and [0038]).
It would have been obvious to one of ordinary skill in the art to modify the catalyst layer coated electrolyte membrane of Okanishi to substitute the carbon support of Okanishi for the tin oxide of Taniguchi because doing so provides increased conductivity for the catalyst layer (paragraph [0033] of Taniguchi).
Since the first catalyst layer of Okanishi and Taniguchi contains platinum on a metal oxide of tin oxide, which is the same as the catalytically active component and support for, the first catalyst layer; the first catalyst layer of Okanishi and Taniguchi would inherently have a cell resistance measured at 80 °C and 40% RH using a current-interrupt method lower than that of the second catalyst layer.
Regarding claim 2, Okanishi discloses a catalyst layer coated electrolyte membrane for electrochemical cells (membrane catalyst layer assembly; paragraph [0001]), the catalyst layer coated electrolyte membrane comprising (membrane catalyst layer assembly; paragraph [0001]):
a solid electrolyte membrane (polymer electrolyte membrane; Fig. 2 #11; paragraph [0030]);
a first catalyst layer having first and second sides outwardly opposite to each other (Fig. 2 #12a; paragraph [0030]), the first side of the first catalyst layer being disposed on a surface of the solid electrolyte membrane (bottom surface of first catalyst layer #22a is disposed on top surface of polymer electrolyte membrane; Fig. 2 #22a; paragraph [0030]) and
a second catalyst layer disposed on a surface of the first catalyst layer (Fig. 2 #32; paragraph [0030]), the surface of the first catalyst layer being located at the second side of the first catalyst layer (bottom surface of second catalyst layer is disposed on top surface of first catalyst layer; Fig. 2 #32a; paragraph [0030]),
wherein the first catalyst layer contains a first catalyst supporting support in which a first catalytically active component is supported on a first support (electrode catalyst in innermost layer of anode catalyst layer comprises conductive carbon; paragraph [0017]), and
the second catalyst layer contains a second catalyst-supporting support in which a second catalytically active component is supported on a second support (electrode catalyst in outermost layer of anode catalyst layer comprises support of metal oxide; paragraph [0017]) and the second support containing a second metal oxide (electrode catalyst in outermost layer of anode catalyst layer comprises support of metal oxide; paragraph [0017]).
Since the outermost catalyst layer of the anode catalyst layer of Okanishi discloses platinum supported on a metal oxide of tin oxide, which is the same as Applicant’s preferred materials of the catalytically active component and support of the second catalyst layer, the second catalyst layer of Okanishi would inherently have in a pore size distribution measured based on a mercury intrusion method of the second catalyst layer, at least one peak is observed in a range of 0.005 µm or more and 0.1 µm or less.
Okanishi does not disclose the catalyst layer coated electrolyte membrane comprising the first support containing a first metal oxide.
However, Taniguchi discloses a membrane electrode assembly comprising a first support containing a first metal oxide (catalyst layer of the cathode comprising carbon or an inorganic oxide of tin oxide as a carrier for the catalyst comprising platinum where the catalyst layer of the anode is configured to be same as the catalyst layer of the cathode; paragraphs [0029], [0033], [0035] and [0038]).
It would have been obvious to one of ordinary skill in the art to modify the catalyst layer coated electrolyte membrane of Okanishi to substitute the carbon support of Okanishi for the tin oxide of Taniguchi because doing so provides increased conductivity for the catalyst layer (paragraph [0033] of Taniguchi).
Since the first catalyst layer of Okanishi and Taniguchi contains platinum on a metal oxide of tin oxide, which is the same as the catalytically active component and support for, the first catalyst layer; the first catalyst layer of Okanishi and Taniguchi would inherently have a first catalyst-supporting support having a cumulative volume particle size D50 at 50% cumulative volume obtained using a laser diffraction scattering particle size distribution measurement method larger than that of the second catalyst-supporting support in a pore size distribution measured based on a mercury intrusion method of the first catalyst layer, a peak is observed in a range of 0.005 µm or more and less than 0.1 µm, and also in a range of 0.1 µm or more and 1 µm or less.
Regarding claim 3, Okanishi and Taniguchi disclose the catalyst layer coated electrolyte membrane of claim 1 and discloses the catalyst layer coated electrolyte membrane comprising first catalytically active component and the second catalytically active component comprising platinum (electrode catalyst of innermost layer of anode catalyst layer comprises metal species of platinum and electrode catalyst of outermost layer of anode catalyst layer comprises metal species of platinum; paragraph [0017]).
Regarding claim 4, Okanishi and Taniguchi disclose the catalyst layer coated electrolyte membrane of claim 3 and discloses the catalyst layer coated electrolyte membrane comprising the second catalytically active component further containing a transition metal (metal oxide of titanium oxide; paragraph [0030]).
Okanishi does not disclose the catalyst layer coated electrolyte membrane comprising the first catalytically active component further containing a transition metal.
However, Taniguchi discloses a membrane electrode assembly comprising a first catalytically active component further containing a transition metal (catalyst comprises platinum and alloy of platinum and base material of titanium; paragraphs [0029], [0033], [0035] and [0038]).
It would have been obvious to one of ordinary skill in the art to modify the catalyst layer coated electrolyte membrane of Okanishi to substitute the platinum catalyst of Okanishi for the catalyst of an alloy of platinum and titanium of Taniguchi because doing so provides efficient catalytic activity (paragraph [0035] of Taniguchi).
Regarding claim 5, Okanishi and Taniguchi disclose the catalyst layer coated electrolyte membrane of claim 3 and discloses the catalyst layer coated electrolyte membrane comprising the first catalytically active component in the first catalyst layer being elemental platinum (electrode catalyst of innermost layer of anode catalyst layer comprises metal species of platinum; paragraph [0017]) and the second catalytically active component in the second catalyst layer being a platinum-transition metal alloy (electrode catalyst of outermost layer of anode catalyst layer comprises metal species of platinum and metal oxide of titanium oxide; paragraph [0017]).
Regarding claim 6, Okanishi and Taniguchi disclose the catalyst layer coated electrolyte membrane of claim 1 and discloses the catalyst layer coated electrolyte membrane comprising a second metal oxide comprising tin oxide (metal oxide of tin oxide; paragraph [0030])
Okanishi does not disclose the catalyst layer coated electrolyte membrane comprising the first support containing a first metal oxide.
However, Taniguchi discloses a membrane electrode assembly comprising a first support containing a first metal oxide (catalyst layer of the cathode comprising carbon or an inorganic oxide of tin oxide as a carrier for the catalyst comprising platinum where the catalyst layer of the anode is configured to be same as the catalyst layer of the cathode; paragraphs [0029], [0033], [0035] and [0038]).
It would have been obvious to one of ordinary skill in the art to modify the catalyst layer coated electrolyte membrane of Okanishi to substitute the carbon support of Okanishi for the tin oxide of Taniguchi because doing so provides increased conductivity for the catalyst layer (paragraph [0033] of Taniguchi).
Regarding claim 7, Okanishi and Taniguchi disclose the catalyst layer coated electrolyte membrane of claim 1 and Okanishi discloses the catalyst layers having a predetermined thickness obtained without repeated spraying and coating when the solid concentration is 0.1% by mass or higher (paragraph [0043])
Okanishi does not disclose the catalyst layer coated electrolyte membrane comprising a ratio of t1/t2 of a ratio of a thickness t1 of the first catalyst layer relative to a thickness t2 of the second catalyst layer being 0.05 or more and 2 or less.
However, it would have been obvious to adjust the thickness of the first catalyst layer and the second catalyst layer such that a ratio of a thickness t1 of the first catalyst layer relative to a thickness t2 of the second catalyst layer is 0.05 or more and 2 or less because doing so provides a desired thickness of catalyst layers without repeated spraying and coating when the solid concentration is 0.1% by mass or higher (paragraph [0043] of Okanishi).
Regarding claim 8, Okanishi and Taniguchi disclose the catalyst layer coated electrolyte membrane of claim 1 and Okanishi discloses the catalyst layers having a predetermined thickness obtained without repeated spraying and coating when the solid concentration is 0.1% by mass or higher (paragraph [0043])
Okanishi does not disclose the catalyst layer coated electrolyte membrane comprising a thickness t1 of the first catalyst layer being 0.2 µm or more and 10 µm or less and a thickness t2 of the second catalyst layer being 0.5 µm or more and 15 µm or less.
However, it would have been obvious to adjust the thickness of the first catalyst layer to be 0.2 µm or more and 10 µm or less and a thickness of the second catalyst layer to be 0.5 µm or more and 15 µm or less because doing so provides a desired thickness of catalyst layers without repeated spraying and coating when the solid concentration is 0.1% by mass or higher (paragraph [0043] of Okanishi).
Regarding claim 9, Okanishi discloses a membrane electrode assembly for electrochemical cells (paragraph [0001]), wherein the membrane electrode assembly (paragraph [0001]) comprises a gas diffusion layer disposed on a surface of a catalyst layer coated electrolyte membrane (Fig. 2 #13; paragraph [0035]) and wherein the catalyst layer coated electrolyte membrane of claim 1 is disclosed by Okanishi and Taniguchi as noted above.
Regarding claim 10, Okanishi discloses an electrochemical cell (polymer electrolyte fuel cell; paragraph [0015]) comprising a membrane electrode assembly and wherein the membrane electrode assembly of claim 9 is disclosed by Okanishi and Taniguchi as noted above.
Regarding claim 11, Okanishi and Taniguchi disclose the electrochemical cell of claim 10 as noted above and Okanishi discloses an electrochemical cell being a solid polymer fuel cell (polymer electrolyte fuel cell; paragraph [0015]).
Regarding claim 12, Okanishi and Taniguchi disclose the electrochemical cell of claim 10 as noted above.
Since the structure of the electrochemical cell of Okanishi and Taniguchi is the same as the structure of the electrochemical cell of claim 10, the electrochemical cell of Okanishi and Taniguchi would inherently function as a metal-air battery.
Regarding claim 13, Okanishi and Taniguchi disclose the electrochemical cell of claim 10 as noted above.
Since the structure of the electrochemical cell of Okanishi and Taniguchi is the same as the structure of the electrochemical cell of claim 10, the electrochemical cell of Okanishi and Taniguchi would inherently function as a water electrolysis apparatus.
Regarding claim 14, Okanishi and Taniguchi disclose the catalyst layer coated electrolyte membrane of claim 2 and discloses the catalyst layer coated electrolyte membrane comprising first catalytically active component and the second catalytically active component comprising platinum (electrode catalyst of innermost layer of anode catalyst layer comprises metal species of platinum and electrode catalyst of outermost layer of anode catalyst layer comprises metal species of platinum; paragraph [0017]).
Regarding claim 15, Okanishi and Taniguchi disclose the catalyst layer coated electrolyte membrane of claim 14 and discloses the catalyst layer coated electrolyte membrane comprising the second catalytically active component further containing a transition metal (metal oxide of titanium oxide; paragraph [0030]).
Okanishi does not disclose the catalyst layer coated electrolyte membrane comprising the first catalytically active component further containing a transition metal.
However, Taniguchi discloses a membrane electrode assembly comprising a first catalytically active component further containing a transition metal (catalyst comprises platinum and alloy of platinum and base material of titanium; paragraphs [0029], [0033], [0035] and [0038]).
It would have been obvious to one of ordinary skill in the art to modify the catalyst layer coated electrolyte membrane of Okanishi to substitute the platinum catalyst of Okanishi for the catalyst of an alloy of platinum and titanium of Taniguchi because doing so provides efficient catalytic activity (paragraph [0035] of Taniguchi).
Regarding claim 16, Okanishi and Taniguchi disclose the catalyst layer coated electrolyte membrane of claim 14 and discloses the catalyst layer coated electrolyte membrane comprising the first catalytically active component in the first catalyst layer being elemental platinum (electrode catalyst of innermost layer of anode catalyst layer comprises metal species of platinum; paragraph [0017]) and the second catalytically active component in the second catalyst layer being a platinum-transition metal alloy (electrode catalyst of outermost layer of anode catalyst layer comprises metal species of platinum and metal oxide of titanium oxide; paragraph [0017]).
Regarding claim 17, Okanishi and Taniguchi disclose the catalyst layer coated electrolyte membrane of claim 2 and discloses the catalyst layer coated electrolyte membrane comprising a second metal oxide comprising tin oxide (metal oxide of tin oxide; paragraph [0030])
Okanishi does not disclose the catalyst layer coated electrolyte membrane comprising the first support containing a first metal oxide.
However, Taniguchi discloses a membrane electrode assembly comprising a first support containing a first metal oxide (catalyst layer of the cathode comprising carbon or an inorganic oxide of tin oxide as a carrier for the catalyst comprising platinum where the catalyst layer of the anode is configured to be same as the catalyst layer of the cathode; paragraphs [0029], [0033], [0035] and [0038]).
It would have been obvious to one of ordinary skill in the art to modify the catalyst layer coated electrolyte membrane of Okanishi to substitute the carbon support of Okanishi for the tin oxide of Taniguchi because doing so provides increased conductivity for the catalyst layer (paragraph [0033] of Taniguchi).
Regarding claim 18, Okanishi and Taniguchi disclose the catalyst layer coated electrolyte membrane of claim 2 and Okanishi discloses the catalyst layers having a predetermined thickness obtained without repeated spraying and coating when the solid concentration is 0.1% by mass or higher (paragraph [0043])
Okanishi does not disclose the catalyst layer coated electrolyte membrane comprising a ratio of t1/t2 of a ratio of a thickness t1 of the first catalyst layer relative to a thickness t2 of the second catalyst layer being 0.05 or more and 2 or less.
However, it would have been obvious to adjust the thickness of the first catalyst layer and the second catalyst layer such that a ratio of a thickness t1 of the first catalyst layer relative to a thickness t2 of the second catalyst layer is 0.05 or more and 2 or less because doing so provides a desired thickness of catalyst layers without repeated spraying and coating when the solid concentration is 0.1% by mass or higher (paragraph [0043] of Okanishi).
Regarding claim 19, Okanishi and Taniguchi disclose the catalyst layer coated electrolyte membrane of claim 2 and Okanishi discloses the catalyst layers having a predetermined thickness obtained without repeated spraying and coating when the solid concentration is 0.1% by mass or higher (paragraph [0043])
Okanishi does not disclose the catalyst layer coated electrolyte membrane comprising a thickness t1 of the first catalyst layer being 0.2 µm or more and 10 µm or less and a thickness t2 of the second catalyst layer being 0.5 µm or more and 15 µm or less.
However, it would have been obvious to adjust the thickness of the first catalyst layer to be 0.2 µm or more and 10 µm or less and a thickness of the second catalyst layer to be 0.5 µm or more and 15 µm or less because doing so provides a desired thickness of catalyst layers without repeated spraying and coating when the solid concentration is 0.1% by mass or higher (paragraph [0043] of Okanishi).
Regarding claim 20, Okanishi discloses a membrane electrode assembly for electrochemical cells (paragraph [0001]), wherein the membrane electrode assembly (paragraph [0001]) comprises a gas diffusion layer disposed on a surface of a catalyst layer coated electrolyte membrane (Fig. 2 #13; paragraph [0035]) and wherein the catalyst layer coated electrolyte membrane of claim 2 is disclosed by Okanishi and Taniguchi as noted above.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 2 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.
Applicants argue that Taniguchi does not disclose the first catalyst layer having first and second sides outwardly opposite to each other, the first side of the first catalyst layer being disposed on a surface of the solid electrolyte membrane and a second catalyst layer disposed on a surface of the first catalyst layer and the surface of the first catalyst layer being located at the second side of the first catalyst layer.
This argument is moot as Taniguchi does not disclose the first catalyst layer having first and second sides outwardly opposite to each other, the first side of the first catalyst layer being disposed on a surface of the solid electrolyte membrane and a second catalyst layer disposed on a surface of the first catalyst layer and the surface of the first catalyst layer being located at the second side of the first catalyst layer. Therefore, the previous rejections have been withdrawn. However, a new ground of rejection has been noted above.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SATHAVARAM I REDDY whose telephone number is (571)270-7061. The examiner can normally be reached Monday-Friday 9:00 AM-6:00 PM EST.
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/SATHAVARAM I REDDY/Examiner, Art Unit 1785
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