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 of Claims 1-14 in the reply filed on 24 September 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09 December 2022 has been considered by the examiner.
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.
1. Claims 1-5 and 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0111124 to Hong et al. (“Hong”).
With regard to Claims 1, 4, and 10, Hong teaches a method of preparing porous catalyst layers via slurry comprising a titanium family element, and a noble metal (see Abstract; ¶¶ [0054]-[0061], [0067], [0091]-[0093]). Hong teaches forming a catalyst layer featuring a range of thicknesses (see ¶ [0105]). Although Hong does not expressly teach forming a base layer and subsequent first and second layers as claimed, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have conducted multiple coating operations using the catalyst slurry of Hong to build to a desired layer thickness, with each applied layer definable as any of a base, first, or second layer.
With regard to Claims 2-3, Hong teaches inclusion of the claimed titanium family elements and noble metals.
With regard to Claim 5, Hong teaches the claimed coating techniques (see ¶ [0092]).
With regard to Claims 8 and 12, Hong teaches inclusion of a solvent, a dispersant, and a binder (see ¶¶ [0054]-[0072]).
With regard to Claims 9, 11, and 13, Hong teaches inclusion of noble metal, titanium family elements, solvent, dispersant, and binder at amounts within the claimed range (see ¶¶ [0025], [0027], [0031], [0063]-[0066], [0070]-[0071], [0078]).
Allowable Subject Matter
Claims 6-7 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Regarding Claim 6, Hong does not teach or suggest drying multiple applied layers independently. Regarding Claim 7, Hong does not teach or suggest producing a porous transport layer using slurry materials via a roll-to-roll arrangement. Regarding Claim 14, Hong does not teach or suggest solvent removal via degreasing followed by sintering as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael P Rodriguez whose telephone number is (571)270-3736. The examiner can normally be reached 9:00 - 6:00 Eastern M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at 571-272-5166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Michael P. Rodriguez/Primary Examiner, Art Unit 1715