DETAILED ACTION
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 Amendment
In response to the amendment received 9/24/2025, the following rejections have been withdrawn from the previous office action:
35 U.S.C. 103 rejections of claims 1-20
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) 3-4, 6-7, 9-18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20200365924A1, hereafter Jiang, in view of Published Application US20170209837A1, hereafter Wang, and further in view of Published Application US20110003231A1, hereafter Lalgudi.
Regarding claim 6, Jiang discloses a membrane electrode assembly component (48) ([0026], Fig 1), comprising:
a generally planar gas-permeable body (50) ([0026] Fig 1) having opposed first (52) and second faces (54) defining in-plane directions ([0026] faces 52, 54 define in-plane or transverse directions 56) and a through-plane direction ([0026] and a through-plane direction 58), a side face (60) extending about an outer perimeter (62) of the generally planar gas-permeable body (50) and adjoining each of the opposed first and second faces ([0030] side face 60 adjoins first and second faces 52, 54), and an active region (64) bounded in the through-plane direction (58) by the opposed first and second faces (52, 54) and in the in-plane directions (58) by an active region perimeter (66) defined generally within the outer perimeter (62) ([0030]);
wherein the active region (64) includes a distribution of an additive dispersed across at least one of the in-plane (56) and through-plane directions (58) ([0031]);
wherein the composite compound additive comprises a metal oxide-containing compound having a first hydroxyl radical scavenging activity ([0031] cerium-zirconium oxide nanofibers 70; [0003] cerium as radical scavenger; [0029] hydroxyl radicals), and wherein the MOx-containing sub-compound is configured to undergo a redox cycling reaction between a first cation and a second cation ([0003] Ce3+; as evidenced by Pearman ([0052]), “ceria derives its ability to scavenge radicals by being able to facilely switch the oxidation states of the cerium ions within its lattice. The scavenging reaction of HO* (hydroxyl radical) by the Ce3+ is given in Eq (3)”).
Jiang is silent on wherein the MOx-containing sub-compound is selected from one of CeO2, MnO2, and CexMnyO4.
In the analogous art of fuel cell polymer electrolytes, Wang discloses wherein the MOx-containing compound is CeO2 or MnO2 ([0020]). Wang further discloses the inclusion of a heteropolyacid to improve proton conductivity ([0020]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Jiang with CeO2 or MnO2 as the MOx-containing compound as a selection of a known material based on its suitability for its intended use (MPEP 2144.07).
Jiang is further silent on wherein the additive is a composite compound also including a tungsten (W)-containing sub-compound having a second hydroxyl radical scavenging activity; wherein the composite compound additive has a combined hydroxyl radical scavenging activity that is greater than the first hydroxyl radical scavenging activity and the second hydroxyl radical scavenging activity; and wherein a chemical bond interaction is present between the MOx-containing sub-compound and the W-containing sub-compound that increases a ratio of the first cation to the second cation during the redox cycling reaction.
In the analogous art of fuel cell polymer electrolytes, Lalgudi discloses wherein the additive is a composite compound including a tungsten (W)-containing sub-compound having a second hydroxyl radical scavenging activity ([0015] tungsten-based heteroatom polyacid). Lalgudi further discloses that heteropolyacids (HPA’s) improve the proton conductivity of the membrane, but are also highly soluble in water, and may be washed away from the membrane during fuel cell operation over a period of time, which may adversely affect the performance of the fuel cell ([0004]). To solve this problem, Lalgudi further discloses the heteropolyacid is immobilized on the inorganic material additive ([0014]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Jiang to include a tungsten containing heteropolyacid additive immobilized on the inorganic material as disclosed by Lalgudi in order to improve the proton conductivity of the electrolyte while preventing the heteropolyacid from washing away, as suggested by Lalgudi ([0004], [0014]).
As a result of the modification, modified Jiang further discloses wherein the composite compound additive has a combined hydroxyl radical scavenging activity that is greater than the first hydroxyl radical scavenging activity and the second hydroxyl radical scavenging activity (this is inherent, since this effect is a property of the compound, which in this case is CeO2-HPA/W – see MPEP 2112.01 (II)); and wherein a chemical bond interaction is present between the MOx-containing sub-compound and the W-containing sub-compound (Lalgudi [0014] HPA covalently bonded to inorganic material) that increases a ratio of the first cation to the second cation during the redox cycling reaction (this would be an inherent emergent property of the composite compound, but also note that the manner of operating the device does not differentiate the apparatus from the prior art – see MPEP 2114 (II)).
Regarding claim 3, modified Jiang further discloses wherein the composite compound additive is in a form of a plurality of solid bodies ([0031] nanofibers 70) that are dispersed across the at least one of the in-plane (56) and through-plane directions (58) of the active region (64) ([0034] nanofibers 70 dispersed across at least one of the in-plane and through-plane directions 56, 58).
Regarding claim 4, modified Jiang further discloses wherein the plurality of solid bodies are in a form of nanofibers (Jiang [0031] nanofibers 70).
Regarding claim 7, modified Jiang further discloses wherein the W-containing sub-compound is a heteropolyacid of tungsten (HPA/W) (Lalgudi [0015] tungsten-based heteroatom polyacid).
Regarding claim 9, modified Jiang further discloses wherein the composite compound additive is CeO2-HPA/W (Lalgudi [0015] tungsten-based heteroatom polyacid; Wang [0020] CeO2).
Regarding claim 10, modified Jiang further discloses wherein the distribution is substantially uniform across the at least one of the in-plane (56) and through-plane directions (58) ([0032] The distribution of nanofibers 70 may be substantially uniform across one or more of the in-plane and through-plane directions 56, 58).
Regarding claim 11, modified Jiang further discloses wherein the distribution varies across the at least one of the in-plane and through-plane directions ([0032] the distribution of nanofibers 70 may vary across one or more of the in-plane and through- plane directions 56, 58).
Regarding claim 12, modified Jiang further discloses wherein the distribution is disposed throughout a volume (76) of the active region (64) ([0033] the distribution of nanofibers 70 may be disposed throughout an interior volume 76 of the active region 64).
Regarding claim 13, Jiang further discloses wherein the membrane electrode assembly component comprises one of a polymer-electrolyte membrane, a gas diffusion layer, a micro-porous layer, a catalyst layer, and a sub-gasket ([0010]).
Regarding claim 14, Jiang further discloses wherein the additive is present in the one of the polymer-electrolyte membrane, the gas diffusion layer, the micro-porous layer, the catalyst layer, and the sub-gasket in an amount of from about 1% to about 33.5 wt.% based on a total weight of the corresponding one of the polymer-electrolyte membrane, the gas diffusion layer, the micro-porous layer, the catalyst layer, and the sub-gasket ([0036] 1-33.5 wt% nanofiber additives 70 inside of the dry membranes/components 48), which overlaps with the claimed range of about 0.01 to about 20 wt%. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05 (I)).
Regarding claim 15, modified Jiang further discloses wherein a ratio of the MOx-containing sub-compound to the W-containing sub-compound is from about 0.1% to about 99.9% (Lalgudi [0019] weight ratio of HPA to inorganic material ranges between about 0.1 to about 25, which would be 75%-99.9% metal oxide).
Regarding claim 16, modified Jiang further discloses wherein a ratio of the MOx-containing sub-compound to the W-containing sub-compound is from about 25% to about 75% (Lalgudi [0019] weight ratio of HPA to inorganic material ranges between about 0.1 to about 25, which would be 75%-99.9% metal oxide, which overlaps with the claimed range of about 25% to about 75%. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05 (I))).
Regarding claim 17, Jiang further discloses wherein the distribution is disposed at least one of (i) throughout a volume (76) of the active region (64) ([0033]) and (ii) as a coating (72) on a surface (52, 54) of the active region (64) ([0033]).
Regarding claim 18, Jiang discloses a membrane electrode assembly (12) for a fuel cell (10) ([0026], Fig 1), the membrane electrode assembly (12) comprising:
a polymer-electrolyte membrane (14) disposed between an anode (16) and a cathode (18) (Fig 1, [0026]);
wherein at least one of the polymer-electrolyte membrane (14), the anode (16) and the cathode (18) has a generally planar gas-permeable body (50) ([0009], [0026] Fig 1) having opposed first (52) and second faces (54) defining in-plane directions ([0026] faces 52, 54 define in-plane or transverse directions 56) and a through-plane direction ([0026] and a through-plane direction 58), a side face (60) extending about an outer perimeter (62) of the generally planar gas-permeable body (50) and adjoining each of the opposed first and second faces ([0030] side face 60 adjoins first and second faces 52, 54), and an active region (64) bounded in the through-plane direction (58) by the opposed first and second faces (52, 54) and in the in-plane directions (58) by an active region perimeter (66) defined generally within the outer perimeter (62) ([0030]);
wherein the active region (64) includes a distribution of an additive dispersed across at least one of the in-plane (56) and through-plane directions (58) ([0031]), wherein the additive comprises a metal oxide-containing compound ([0031] cerium-zirconium oxide nanofibers 70);
wherein the composite compound additive comprises a metal oxide-containing compound having a first hydroxyl radical scavenging activity ([0031] cerium-zirconium oxide nanofibers 70; [0003] cerium as radical scavenger; [0029] hydroxyl radicals), and wherein the MOx-containing sub-compound is configured to undergo a redox cycling reaction between a first cation and a second cation ([0003] Ce3+; as evidenced by Pearman ([0052]), “ceria derives its ability to scavenge radicals by being able to facilely switch the oxidation states of the cerium ions within its lattice. The scavenging reaction of HO* (hydroxyl radical) by the Ce3+ is given in Eq (3)”).
Jiang is silent on wherein the MOx-containing sub-compound is selected from one of CeO2, MnO2, and CexMnyO4.
In the analogous art of fuel cell polymer electrolytes, Wang discloses wherein the MOx-containing compound is CeO2 or MnO2 ([0020]). Wang further discloses the inclusion of a heteropolyacid to improve proton conductivity ([0020]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Jiang with CeO2 as the MOx-containing compound as a selection of a known material based on its suitability for its intended use (MPEP 2144.07).
Jiang is further silent on wherein the additive is a composite compound also including a tungsten (W)-containing sub-compound having a second hydroxyl radical scavenging activity; wherein the composite compound additive has a combined hydroxyl radical scavenging activity that is greater than the first hydroxyl radical scavenging activity and the second hydroxyl radical scavenging activity; and wherein a chemical bond interaction is present between the MOx-containing sub-compound and the W-containing sub-compound that increases a ratio of the first cation to the second cation during the redox cycling reaction.
In the analogous art of fuel cell polymer electrolytes, Lalgudi discloses wherein the additive is a composite compound including a tungsten (W)-containing sub-compound having a second hydroxyl radical scavenging activity ([0015] tungsten-based heteroatom polyacid). Lalgudi further discloses that heteropolyacids (HPA’s) improve the proton conductivity of the membrane, but are also highly soluble in water, and may be washed away from the membrane during fuel cell operation over a period of time, which may adversely affect the performance of the fuel cell ([0004]). To solve this problem, Lalgudi further discloses the heteropolyacid is immobilized on the inorganic material additive ([0014]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Jiang to include a tungsten containing heteropolyacid additive immobilized on the inorganic material as disclosed by Lalgudi in order to improve the proton conductivity of the electrolyte while preventing the heteropolyacid from washing away, as suggested by Lalgudi ([0004], [0014]).
As a result of the modification, modified Jiang further discloses wherein the composite compound additive has a combined hydroxyl radical scavenging activity that is greater than the first hydroxyl radical scavenging activity and the second hydroxyl radical scavenging activity (this is inherent, since this effect is a property of the compound, which in this case is CeO2-HPA/W – see MPEP 2112.01 (II)); and wherein a chemical bond interaction is present between the MOx-containing sub-compound and the W-containing sub-compound (Lalgudi [0014] HPA covalently bonded to inorganic material) that increases a ratio of the first cation to the second cation during the redox cycling reaction (this would be an inherent emergent property of the composite compound, but further because the manner of operating the device does not differentiate the apparatus from the prior art – see MPEP 2114 (II)).
Regarding claim 20, Jiang discloses a membrane electrode assembly (12) for a fuel cell (10) ([0026], Fig 1), the membrane electrode assembly (12) comprising:
a polymer-electrolyte membrane (14) sandwiched between an anode (16) and a cathode (18) (Fig 1, [0026]);
wherein at least one of the polymer-electrolyte membrane (14), the anode (16) and the cathode (18) has a generally planar gas-permeable body (50) ([0009], [0026] Fig 1) having opposed first (52) and second faces (54) defining in-plane directions ([0026] faces 52, 54 define in-plane or transverse directions 56) and a through-plane direction ([0026] and a through-plane direction 58), a side face (60) extending about an outer perimeter (62) of the generally planar gas-permeable body (50) and adjoining each of the opposed first and second faces ([0030] side face 60 adjoins first and second faces 52, 54), and an active region (64) bounded in the through-plane direction (58) by the opposed first and second faces (52, 54) and in the in-plane directions (58) by an active region perimeter (66) defined generally within the outer perimeter (62) ([0030]);
wherein the active region (64) includes a distribution of an additive dispersed across at least one of the in-plane (56) and through-plane directions (58) ([0031]), wherein the additive comprises CeZrO4 ([0006] CeZrO4);
wherein the composite compound additive comprises a metal oxide-containing compound having a first hydroxyl radical scavenging activity ([0031] cerium-zirconium oxide nanofibers 70; [0003] cerium as radical scavenger; [0029] hydroxyl radicals), and wherein the MOx-containing sub-compound is configured to undergo a redox cycling reaction between a first cation and a second cation ([0003] Ce3+; as evidenced by Pearman ([0052]), “ceria derives its ability to scavenge radicals by being able to facilely switch the oxidation states of the cerium ions within its lattice. The scavenging reaction of HO* (hydroxyl radical) by the Ce3+ is given in Eq (3)”).
Jiang is silent on wherein the MOx-containing sub-compound is selected from one of CeO2, MnO2, and CexMnyO4.
In the analogous art of fuel cell polymer electrolytes, Wang discloses wherein the MOx-containing compound is CeO2 or MnO2 ([0020]). Wang further discloses the inclusion of a heteropolyacid to improve proton conductivity ([0020]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Jiang with CeO2 as the MOx-containing compound as a selection of a known material based on its suitability for its intended use (MPEP 2144.07).
Jiang is further silent on wherein the additive is a composite compound also including a tungsten (W)-containing sub-compound having a second hydroxyl radical scavenging activity; wherein the composite compound additive has a combined hydroxyl radical scavenging activity that is greater than the first hydroxyl radical scavenging activity and the second hydroxyl radical scavenging activity; and wherein a chemical bond interaction is present between the MOx-containing sub-compound and the W-containing sub-compound that increases a ratio of the first cation to the second cation during the redox cycling reaction.
In the analogous art of fuel cell polymer electrolytes, Lalgudi discloses wherein the additive is a composite compound including a tungsten (W)-containing sub-compound having a second hydroxyl radical scavenging activity ([0015] tungsten-based heteroatom polyacid). Lalgudi further discloses that heteropolyacids (HPA’s) improve the proton conductivity of the membrane, but are also highly soluble in water, and may be washed away from the membrane during fuel cell operation over a period of time, which may adversely affect the performance of the fuel cell ([0004]). To solve this problem, Lalgudi further discloses the heteropolyacid is immobilized on the inorganic material additive ([0014]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Jiang to include a tungsten containing heteropolyacid additive immobilized on the inorganic material as disclosed by Lalgudi in order to improve the proton conductivity of the electrolyte while preventing the heteropolyacid from washing away, as suggested by Lalgudi ([0004], [0014]).
As a result of the modification, modified Jiang further discloses wherein the composite compound additive has a combined hydroxyl radical scavenging activity that is greater than the first hydroxyl radical scavenging activity and the second hydroxyl radical scavenging activity (this is inherent, since this effect is a property of the compound, which in this case is CeO2-HPA/W – see MPEP 2112.01 (II)); and wherein a chemical bond interaction is present between the MOx-containing sub-compound and the W-containing sub-compound (Lalgudi [0014] HPA covalently bonded to inorganic material) that increases a ratio of the first cation to the second cation during the redox cycling reaction (this would be an inherent emergent property of the composite compound, but further because the manner of operating the device does not differentiate the apparatus from the prior art – see MPEP 2114 (II)), and wherein the composite compound additive is CeO2-HPA/W.
Response to Arguments
Applicant’s arguments filed 9/24/2025 have been fully considered but are not persuasive.
In response to applicant’s argument regarding claims 6, 18, and 20 on page 10 of applicant’s remarks that neither reference, either alone or in combination teaches or suggests combining metal oxides with tungsten compounds as composite additives, the examiner disagrees, and notes that Lalgudi discloses HPA/W compounds ([0015]) that are covalently bonded to a metal compound ([0014]), while Wang discloses CeO2 and MnO2 nanoparticles combined with heteropolyacids.
In response to applicant’s argument regarding claims 6, 18, and 20 on page 11 of applicant’s remarks that the combination teaches a different technical problem and different material purposes from the currently amended claims, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
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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/T.G.H./Examiner, Art Unit 1754
/SUSAN D LEONG/ Supervisory Patent Examiner, Art Unit 1754
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