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 .
Election/Restrictions
Applicant’s election without traverse of Group I, comprising Claims 1-8, 10, and 21 in the reply filed on 01/23/2026 is acknowledged.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 6-8 and 21 are rejected under 35 U.S.C. 102(a)(1) and (2) as being anticipated by Umeda, et. al. (US2017125832A1).
Regarding Claim 1, Umeda recites a polymer electrolyte membrane (“[0021] polymer electrolyte membrane”) comprising an electrolyte composition (“[0021] we provide a practically excellent polymer electrolyte composition having chemical stability . . . achieving excellent proton conductivity” ; see also organic phosphorus-based additive C, wherein this contributes to proton conductivity at [0028]), wherein the electrolyte composition comprises: an ion conductor (see prior citation of [0021]); and a radical scavenger (“[0024] nitrogen-containing heteroaromatic additive (D)”), and wherein the radical scavenger comprises an organic cyclic compound having at least one functional group selected from a group consisting of a hydroxyl group (-OH), an amine group (- NH2), a carboxyl group (-COOH), and an amide group (-CONH2) (“[0063] The nitrogen-containing heteroaromatic additive (D) is preferably . . . represented by the following general formula (D1) or (D2) [see images below], where . . . . where R1 represents a hydrocarbon group having a straight chain, a cyclic, or a branched structure, represented by the general formula Cm Hn (m and n are an integer number), or an amino group, sulfide group, ketone group, sulfonyl group, sulfone group, or ether group; Q1 represents at least one substituent group selected from the general formulae (d1) to (d6) given above; n1 is a positive integer that makes 3 or greater when multiplied by any of n3 to n8 ; E1 -E25 each independently represent C—H, N—H, N—R3 (R3 is an arbitrary organic group), or N; in E1 to E6 , E7 to E10 , E11 to E14 , E15 -E19 , E20 to E22 , and E23 to E25 , each of which contain constituent atoms of one aromatic ring, at least one is N—H, N—R3 , or N; Ar1 to Ar4 each represent an arbitrary aromatic group; the nitrogen-containing heteroaromatic ring and Ar1 to Ar4 may be substituted by arbitrary substituent groups; the symbol * signifies a monovalent or higher bond moiety; W1 to W6 each represent a ketone group, sulfone group, direct bonding, amino group, sulfide group, sulfoxide group, ether group, or arbitrary organic group; and divalent or higher W1 to W6 may each be arbitrarily bonded to R1 to form a ring structure.”). Umeda at [0018-24, 57 – 64].
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An excerpt from p.20, ~[0063] of the cited PGPUB, presenting the formula described above.
Claim 1 is anticipated by Umeda.
Regarding Claim 2, Claim 2 relies upon Claim 1. Claim 1 is anticipated by Umeda.
Umeda recites that, for example (d1) of formula D1 of the heteroaromatic ring D, the heteroaromatic ring may comprise E1 as N-H, and E-5 as C-H. Umeda at [0063]. For this reason, Umeda recites the organic cyclic compound is a heterocyclic compound comprising nitrogen as a heteroelement.
Claim 2 is anticipated by Umeda.
Regarding Claim 3, Claim 3 relies upon Claim 2. Claim 2 is anticipated by Umeda.
Umeda as previously discussed teaches a nitrogen-containing heteroaromatic ring (see [0063]); Umeda further discloses “[0071] the nitrogen-containing heteroaromatic rings containing E1 to E25 and the aromatic groups represented by Ar1 to Ar4 may contain substituents such as . . . carboxyl group, carboxylate group, sulfonic group, sulfate group, hydroxyl group, amino group, cyano group, or nitro group.” Umeda at [0071]. Here, nicotinic acid comprises a heteroaromatic ring with N at the E4 position, and a carboxyl group at the E2 position, which is taught by paragraph [0071]. For this reason, Umeda recites the radical scavenger comprises substituted or unsubstituted nicotinic acid or substituted or unsubstituted nicotinamide.
Claim 3 is anticipated by Umeda.
Regarding Claim 4, Claim 4 relies upon Claim 1. Claim 1 is anticipated by Umeda.
Umeda as previously discussed teaches a nitrogen-containing heteroaromatic ring (see [0063]); Umeda further discloses “[0071] the nitrogen-containing heteroaromatic rings containing E1 to E25 and the aromatic groups represented by Ar1 to Ar4 may contain substituents such as . . . carboxyl group, carboxylate group, sulfonic group, sulfate group, hydroxyl group, amino group, cyano group, or nitro group.” Umeda at [0071]. Here, nicotinic acid comprises a heteroaromatic ring with N at the E4 position, and a carboxyl group at the E2 position, which is taught by paragraph [0071]. For this reason, Umeda recites the radical scavenger comprises at least one organic cyclic compound selected from a group consisting of substituted or unsubstituted nicotinic acid, substituted or unsubstituted nicotinamide, substituted or unsubstituted ibuprofen, and substituted or unsubstituted biotin.
Claim 4 is anticipated by Umeda.
Regarding Claim 6, Claim 6 relies upon Claim 1. Claim 1 is anticipated by Umeda.
Umeda teaches an ion conductor, which may comprise the phosphorous based additive see [0028-29]), wherein “[0031] in the general formula, J1 represents P=O; R1 to R3 each independently represent a substituent selected from hydrocarbon groups . . . [or] halogen atoms such as fluorine.” Umeda at [0028 – 31].
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Excerpt from p. 4 of the Umeda PGPUB, showing formulas C1 and C1a.
Claim 6 is anticipated by Umeda.
Regarding Claim 7, Claim 7 relies upon Claim 6. Claim 6 is anticipated by Umeda.
Umeda teaches an ion conductor, which may comprise the phosphorous based additive see [0028-29]), wherein “[0031] in the general formula, J1 represents P=O; R1 to R3 each independently represent a substituent selected from hydrocarbon groups . . . [or] halogen atoms such as fluorine.” Umeda at [0028 – 31].
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Excerpt from p. 4 of the Umeda PGPUB, showing formulas C1 and C1a.
For this reason, Umeda recites the ion conductor is a fluorine-based ion conductor or a hydrocarbon-based ion conductor.
Claim 7 is anticipated by Umeda.
Regarding Claim 8, Claim 8 relies upon Claim 1. Claim 1 is anticipated by Umeda.
Umeda recites “[0141] ’The polymer electrolyte form article’ means the formed article containing the polymer electrolyte composition [i.e., the support]. . . can be in various shapes such as membrane . . . particles, mass, pores, coating, and foamed one.” Umeda at [0141]. This recites “the polymer electrolyte membrane further comprises a porous support having a plurality of pores, and the pores are filled with the electrolyte composition,” given “pores” plural refers to a plurality, and “containing” indicates “filled.”
Claim 8 is anticipated by Umeda.
Regarding Claim 21, Claim 21 relies upon Claim 1. Claim 1 is anticipated by Umeda.
Umeda teaches a polymer electrolyte membrane (see, e.g., [0018-24, 141]); Umeda recites “[0003] A normal fuel cell is constituted of cell units, the cell unit having a configuration of a membrane electrode assembly (hereinafter referred to also as MEA) being sandwiched between separators, which MEA is constituted by an anode electrode and a cathode electrode in which a reaction of power generation occurs, and by a polymer electrolyte membrane serving as a proton conductor between the anode and the cathode.” Umeda at [0003]. For this reason, Umeda recites an electrochemical device comprising: an anode; a cathode; and the polymer electrolyte membrane according to claim 1 disposed between the anode and the cathode.
Claim 21 is anticipated by Umeda.
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.
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.
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Umeda, in view of Cho, et. al. (WO 2018147662 A1).
Regarding Claim 5, Claim 5 relies upon Claim 1. Claim 1 is anticipated by Umeda.
Umeda is silent as to the radical scavenger (i.e., the organic cyclic compound)’s parts by mass relative to the ion conductor.
Cho recites a lead sealant film provided between a plurality of electrode leads, comprising a second layer 82 of the multilayer film, wherein the layer comprises a phenolic antioxidant, which “may be used as a radical scavenger,” and a secondary antioxidant comprising a phosphite type antioxidant. Cho at [p.6.]. Cho recites that “The antioxidant may include a phenolic antioxidant and may include 0.1 to 0.4 parts by weight based on 100 parts by weight of the second compound contained in the second layer 82. If the amount of the antioxidant is more than 0.4 parts by weight, the adhesive strength may be lowered.” Id.
One of ordinary skill in the art before the effective filing date of the claimed invention would find it obvious to modify the polymer electrolyte membrane of Umeda, wherein the organic cyclic compound is included in the polymer electrolyte membrane in an amount of 0.1 to 0.4 parts by weight based on 100 parts by weight of the ion conductor, because Cho teaches this range improves adhesive strength within the layer when utilizing a phenolic radical scavenger, and because an overlapping range presents a prima facie case of obviousness. MPEP 2144.05 (I).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Umeda, in view of Lee, et. al. (KR20150135116A).
Regarding Claim 10, Claim 10 relies upon Claim 8. Claim 8 is anticipated by Umeda.
Umeda teaches a porous support, and a polymer electrolyte membrane, but is silent as to the apparent (here, the Office notes the word apparent in context functions here as the equivalent of “about” or “approximate”) volume of the porous support to a total volume of the polymer electrolyte membrane is 5 to 90%.
Lee teaches a composite electrolyte membrane, wherein the porous support provides a benefit to high chemical stability because it “occupies 5 to 80% of the total volume of the composite electrolyte membrane.” Lee at [CITE]. Lee further described chemical stability is improved compared to the pure membrane.
One of ordinary skill in the art before the effective filing date of the claimed invention would find it obvious to modify the polymer electrolyte membrane of Umeda to comprise a ratio of an apparent volume of the porous support to a total volume of the polymer electrolyte membrane is 5 to 80%, because Lee teaches a benefit to chemical stability, and because an overlapping range presents a prima facie case of obviousness. MPEP 2144.05(I).
Claim 10 is obvious over Umeda, in view of Lee.
Conclusion
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/K.R.H./Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725