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 .
Status of Claims
Claims 1-4 and 6-11 were rejected in the Office Action from 02/05/2026.
Applicant filed a response, amended claims 1 and 3-4, and cancelled claims 7-8. Claims 5 and 12-13 were previously cancelled.
Claims 1-4, 6 and 9-11 are currently pending in the application and are being examined on the merits in this Office Action.
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, lines 17-18, it is suggested to amend “a continuous metal material” to - -an integrated continuous metal material- -.
Appropriate correction is required.
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 1-4, 6 and 9-11 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.
Claim 1 recites a first, second and fourth metal portion as forming a continuous metal material without reciting a third metal portion. The recitation is unclear as it leaves room for different interpretations. Because numbering convention and the particular order of components in the claim is implying the existence of an omitted portion, it is unclear whether a third metal portion is required, absent or excluded from the continuous material, or merely introduced separately. It appears that the recently deleted limitations define the structural differences between the different metal portions as a reinforcing portion serve as a third metal portion and also appears to define an arrangement in relation to the first and second metal portions. In order to solve this issue and enhance clarity and consistency, it is suggested to incorporate claim 3 into independent claim 1.
Claim 6 recites the limitation “a connecting portion…”. It is not clear if this is the same or different from “a connecting portion” recited in claim 1.
Regarding dependent claims 2-4 and 9-11, these claims do not remedy the deficiencies of parent claim 1 noted above, and are rejected for the same rationale.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
The “closest” prior art Echigo et al. (U.S. Patent Application Publication 2020/0028193).
Regarding claim 1, Echigo teaches a cell (i.e., E) (see figure 1) (paragraph [0045]) comprising:
an element portion (5,6);
a gas-flow passage (1a) through which reaction gas flows (paragraph [0045], [0051]);
a first metal portion (2) located between one surface side of the gas-flow passage and the element portion and supporting the element portion (see figure 1);
a second metal portion (3) located on another surface side opposite to the one surface side of the gas-flow passage (see figure 1),
a fourth metal portion (4) located on an opposite side of the gas-flow passage with the second metal portion (3) interposed between the fourth metal portion and the gas-flow passage (1a) (see figure 1) (paragraph [0045]),
a connecting portion (1) that connects the first metal portion (2), the second metal portion (3) and the fourth metal portion (4) (see figure 1),
the first metal portion (2), the second metal portion (3) and the fourth metal portion (4) are continuous metal material (see figure 1) and,
a coating layer (1b) (paragraph [0051]-[0052]) located between the fourth metal portion and an oxidizing atmosphere (see figure 1), the coating layer contains at least zinc, manganese and cobalt (i.e., YSZ) (paragraph [0053]) which is typically doped with manganese to increase hardness, cobalt to enhance performance, and zinc to improve electrical properties1 (see Fegler et al., NPL, 2014 as evidence that such elements are doped to YSZ).
However, Echigo appears to be silent with regards to the limitation “wherein the first metal portion comprises an opening coupled to the gas-flow passage and the element portion, a first electrode of the element portion faces the opening, and protrudes into the opening,”
Regarding dependent claims 2-4, 6 and 9-11, the claims are allowed based on their dependency of claim 1.
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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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/CHRISTIAN ROLDAN/Primary Examiner, Art Unit 1723
1 Fegler et al., Cubic yttria stabilized zirconia sintering additive impacts: A comparative study; Elsevier; Ceramic International; 40, 2014, 16323-16335.
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