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 .
Response to Amendment
This is a final office action in response to Applicant's remarks and amendments filed on 2/24/2026. Claims 1-3, 14-15 and 17 are currently amended. Claims 5-13 were previously cancelled. Claims 21-29 are newly added. Claims 1-3 and 14-29 are pending review in this action.
The 35 U.S.C. 102 and 35 U.S.C. 103 rejections in the previous Office Action are withdrawn.
New grounds of rejection necessitated by Applicant's amendments are presented below.
Response to Arguments
Applicant’s arguments, see page 5, filed 2/24/2026, with respect to amended claims 1 and 16-18 relating to rejections over Rothbrust and Dorn have been fully considered and are persuasive. The 35 USC 102 rejections have been withdrawn.
Applicant's arguments pertaining the 35 USC 103 rejections of claims 2, 4 and 16-20, respectively, over Kwon have been fully considered but they are not persuasive.
Applicant argues that the proposed combination of Kwon, Zhu and Paz does not establish prima facie case of obviousness because Zhu’s manufacturing process is incompatible with that of Kwon with the presently claimed method of pressing at least several layers to form a ceramic monolith. Applicant submits that claim 2 requires forming interconnects which neither Kwon nor Zhu disclose, and that in Zhu, reactant gases are supplied through porous electrodes to the electrolyte, and if Paz’s interconnect layer is added to the cathode and/or anode, the resulting structure would not function as a cell because the interconnect layer would block the reactant gases from reaching the porous electrodes.
This is not persuasive since Kwon and Zhu both disclose a similar method of forming a ceramic monolith comprising the steps of depositing several successive layers in a mold, pressing uniaxially and then sintering. Where Kwon teaches using the method in several different applications, Zhu teaches it for forming a SOFC specifically. First, the resulting SOFC of modified Kwon does not have to be entirely the same as that of Zhu so long as a PHOSITA would recognize that SOFC can be manufactured by Kwon’s method based on Zhu’s teachings. Second, even if modified Kwon’s SOFC includes porous electrodes, there is no limitation for not forming channels for fluid transport. Third, Paz merely discloses including an interconnect for the purpose of forming an array of repeat fuel cells. It is well-known in the art that interconnects may have channels as well for purpose of circulating fluid to the respective electrode, as illustrated by Paz. Thus, the combination of the three references is compatible for establishing a case for prima facie obviousness.
Applicant's arguments pertaining the 35 USC 103 rejections of claim 3 over Kwon and Nanjing have been fully considered but they are not persuasive.
Applicant argues that Nanjing doesnot mention using zirconia ceramic in a SOFC. However, the subject matter of claim 3 and its parent claim 1 does not require forming a SOFC but a general ceramic monolith. Thus, the combination of the two references is compatible for establishing a case for prima facie obviousness.
Claim Rejections - 35 USC § 102
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) 1, 14-15, 21 and 28-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwon (US 2018/0056292 A1).
Regarding Claim 1, Kwon discloses a method for fabricating a ceramic monolith (i.e., microchemical apparatus comprising a fully sintered metal oxide body formed of metal oxide or non-metal oxide powders of ceramic material) [pars. 0005-13,0027,0049-50; Fig. 2-4], comprising:
depositing one or more ceramic powders (i.e., first, second, third, or more, metal oxide powders such as zirconium oxide) into a mechanical die (compression die) in a plurality of successive layers (i.e., the powders are provided as layers of free-flowing powder), wherein one or more of the plurality of successive layers comprise an embedded burnout material (i.e., first and second fugitive phase materials) {Note: Kwon teaches that the process can be extended to further repetitions of placing multiple fugitive phases materials and metal oxide powders before partial or full sintering to form a final product [par. 0027]. Thus, the plurality of successive layers of Kwon is not limited to only three layers of ceramic powder}, wherein the embedded burnout material is patterned to form distinct fluid channels {Note: Kwon teaches the fugitive phase material is shaped so that one or more of its sides/edges abuts side/edge of the original powder structure formed by the first and second metal oxide powders, thereby forming an inlet and/or outlet port for fluid connection without need for machining [par. 0006]; the fugitive phase material may include multiple pieces touching to form a single connected cavity or not touching to form multiple separate cavities [par. 0014]; the process includes the compaction of metal-oxide nanopowders with a graphite or other fugitive phase that is burned out to create internal cavities and microchannels before full sintering [pars. 0056-57]};
pressing the plurality of successive layers individually after each layer is deposited and/or after one or more subsets of the plurality of successive layers are deposited and/or after all of the plurality of successive layers are deposited (e.g., compaction pressure of 50 MPa); and
sintering the stack the plurality of successive layers to form the ceramic monolith, wherein at least one of the one or more ceramic powders comprises one or more mixed electronic and ionic conductors (e.g., zirconium oxide) [par. 0012].
Regarding Claims 14-15, Kwon discloses: wherein the layered ceramic monolith contains two or more fluid channels, each fluid channel constituting a distinctly separate fluid pathway (claim 14); or wherein the layered ceramic monolith contains two or more fluid channels that separate or merge fluid flows within the ceramic monolith (claim 15) (i.e., the fugitive phase material is shaped so that one or more of its sides/edges abuts side/edge of the original powder structure formed by the first and second metal oxide powders, thereby forming an inlet and/or outlet port for fluid connection without need for machining [par. 0006]; the fugitive phase material may include multiple pieces touching to form a single connected cavity or not touching to form multiple separate cavities [pars. 0014]).
Regarding Claim 21, Kwon does not disclose use of pore formers in fabricating the ceramic monolith.
Regarding Claim 28, Kwon discloses wherein the one or more of the plurality of successive layers have a density of greater than 94% [par. 0021].
Regarding Claim 29, Kwon discloses the ceramic monolith formed by method of claim 1 and having successive layers comprising mixed electronic and ion conductors, and distinct fluid channels, as required by claim 1. With respect to the limitation 'wherein the one or more... layers facilitates heat transfer, ion transfer, or electron transfer,' this merely recites an intended use and an inherent property of using the mixed electronic and ionic conductors and ceramic layers as taught by Kwon. A discovery of a new property or use for a structurally defined apparatus cannot impart patentability if the structure is otherwise obvious. Because the claimed ceramic layers and materials inherently possess the capability of transferring heat, ions, or electrons in a fluid environment, this limitation does not distinguish the claimed invention from the prior art. Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made to provide a ceramic monolith configured in this manner.
Claim Rejections - 35 USC § 103
Claim(s) 3 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon, as applied to claim 1 above, and further in view of Nanjing (CN106927819A).
Regarding Claim 3, Kwon fails to disclose wherein at least one layer of the plurality of successive layers comprises vanadium-yttria stabilized zirconia. However, Nanjing, from the same field of endeavor, discloses a process of forming a ceramic composite comprising the steps of depositing a ceramic powder of zirconia doped with vanadia and yttria in a mold, pressing the ceramic powder and sintering in order to provide a zirconia composite toughness material with adjustable toughness and low price [Nanjing – pars. 0025-27,0031,0045,0069]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have modified the ceramic monolith of Kwon wherein at least one layer of the plurality of successive layers comprises vanadia-yttria stabilized zirconia in order to provide a zirconia composite toughness material with adjustable toughness and low price.
Regarding Claim 26, Kwon discloses at least one layer of the plurality of successive layers comprises vanadia-calcia stabilized zirconia. fails to disclose wherein at least one layer of the plurality of successive layers comprises vanadia-calcia stabilized zirconia. However, Nanjing, from the same field of endeavor, discloses a ceramic composite formed by hot-pressed sintering of zirconia, wherein vanadia and/calcia may be added to the composition for forming the ceramic composite in order to impart toughness and improved quality thereto [Nanjing – par. 0017]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have modified the ceramic monolith of Kwon wherein at least one layer of the plurality of successive layers comprises vanadia-calcia stabilized zirconia in order to impart desired toughness to the sintered ceramic.
Claim(s) 2, 4, 16-20 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon, as applied to claim 1 above, and further in view of Zhu (“A symmetrical solid oxide fuel cell prepared by dry-pressing and impregnating methods.” Journal of Power Sources – NPL attached) and Paz (US 2005/0053819 A1).
Regarding Claims 2, 19-20 and 22, Kwon discloses that the ceramic monolith is a microchemical apparatus may be a ceramic based microchemical system such as a solid oxide fuel cell comprising channels [pars. 0040-43], and that the one or more ceramic powders comprises any metal oxide (or other sinterable ceramic material) that can be sintered at higher temperature than the fugitive phase burnout temperature is suitable as the sintering powder [par. 0014]. Kwon fails to explicitly teach: wherein the ceramic monolith comprises a fuel cell (claim 20); or wherein the ceramic monolith comprises multiple repeat unit solid oxide fuel cells (claim 22); wherein the plurality of successive layers form interconnects, anodes, electrolytes, and cathodes, and wherein at least one or more ceramic powders used to form the anodes and the cathodes comprise the one or more mixed electronic and ionic conductors (claim 2); or wherein the ceramic monolith comprises an electrochemical reactor, comprising: (a) an interconnect, an anode comprised of a mixed electronic and ionic conductor, an electrolyte, and a cathode; (b) a plurality of successive layers repeating the functional order of (a); and (c) one or more connected fluid pathways formed within the interconnect, anode or cathode layers and connected between the successive repeating layers described in (b) (claim 19).
Zhu, from the same field of endeavor of forming ceramic monolith in a similar manner to Kwon, teaches a method of fabricating a symmetrical solid oxide fuel cell in which a plurality of successive layers of ceramic powders are deposited in a mechanical die (stainless mold), pressed together uniaxially and then sintered to form an anode/electrolyte/cathode dense structure [Sections 2.2 & 2.3; Fig. 2]. Zhu further teaches that fabrication of SOFC in a single process by dry-pressing solves the problem of thermal mismatching when compared to the typical method of fabricating SOFC in which the anode, cathode and electrolyte are sintered in sequence, resulting in different thermal expansion coefficients, wherein the single process of dry-pressing provides a good thermo-mechanical compatibility between the layers to keep cells stable during preparation and operation [Section 1 & 4]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have modified the ceramic monolith/microchemical apparatus of Kwon to have comprised a fuel cell as the microchemical apparatus which may be formed by the method of Kwon as a well-known method for forming solid oxide fuel cells having a good thermo-mechanical compatibility between the layers to keep cells stable during preparation and operation (claim 20).
Modified Kwon teach wherein at least one or more ceramic powders used to form the anodes and the cathodes comprise one or more mixed electronic and ionic conductors (i.e., yttria-stabilized zirconia is well-known to be an ionically conductive ceramic powder; further both anode and cathode comprise catalysts to function which are necessarily electronic conductors) [Zhu – Abstract; Section 2.2]. However, neither Kwon nor Zhu explicitly describe the plurality of successive layers further comprises interconnects. Paz, from the same field of endeavor, teaches a ceramic based solid oxide fuel cell stack comprising a plurality of successive layers which form interconnects, anodes, electrolytes, and cathodes, in a repeating functional order, wherein the interconnect is disposed between individual fuel cells as well as at each end of a fuel cell stack for the purpose of conveying electrical current and heat away from the fuel cells [Paz – par. 0008,0043-46; Fig. 1]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have further modified the ceramic monolith of Kwon having a plurality of successive layers which form interconnects, anodes, electrolytes, and cathodes, in a repeating functional order, wherein the interconnect is disposed between individual fuel cells as well as at each end of a fuel cell stack for the purpose of conveying electrical current and heat away from the fuel cells (claims 2 and 19 in part). Paz further teacheswherein the fuel cell components – electrolyte/electrode laminates and interconnect plates may have gas channels formed therein to allow external and internal flow manifolding options for gaseous fuel and oxidant reactants [Paz – par. 0005]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have further modified the ceramic monolith of Kwon wherein one or more connected fluid pathways are formed within the interconnect, anode or cathode layers and connected between the successive repeating layers in order to allow external and internal flow manifolding options for gaseous fuel and oxidant reactants.
Paz teaches a ceramic based solid oxide fuel cell stack may comprise a stacked array of multiple fuel cell units with an interconnect positioned between respective fuel cell units [Paz –pars. 0058,0060]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have further modified the ceramic monolith of Kwon to have comprised multiple repeat unit solid oxide fuel cells in order to form stacked array capable of generating more electrical energy.
Regarding Claim 4, modified Kwon discloses wherein the electrolyte comprises yttria-stabilized zirconia [Zhu – Section 2.2], and the burnout material comprises one or more of a carbon-based polymer or graphite flake [Kwon – par. 0013].
Regarding Claim 16, modified Kwon discloses wherein at least one of the one or more ceramic powders comprises a rare-earth oxide doped zirconia (i.e., yttria-stabilized zirconia) [Zhu – Section 2.2].
Regarding Claim 17, modified Kwon discloses wherein at least one of the one or more ceramic powders comprises an electronic and/or ion conducting ceramic (i.e., yttria-stabilized zirconia is well-known to be an ionically conductive ceramic powder; further both anode and cathode comprise catalysts to function which are necessarily electronic conductors) [Zhu – Abstract; Section 2.2].
Regarding Claim 18, modified Kwon discloses wherein at least one of the individual layers of the plurality of successive layers comprises a ceramic powder distinct in composition from the one or more ceramic powders in another layer, forming a multi-compositional ceramic monolith [Zhu – Section 2.2].
Claim(s) 23-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon, Zhu and Paz, as applied to claim 2 above, and further in view of Bogicevic (US6495279B1).
Regarding Claims 23-25, modified Kwon discloses wherein the ceramic monolith is a microchemical reactor solid oxide fuel cell, but fails to teach: (1) wherein the interconnects have an individual thickness of 10 to 1000 µm (claim 23); (2) wherein the anodes have an individual thickness of 1 to 30 µm (claim 24); or (3) wherein the cathodes have an individual thickness of 1 to 30 µm (claim 25). However, Bogicevic, from the same field of endeavor, teaches an array 36 of multiple repeat of miniaturized ceramic based solid oxide fuel cells 12, each comprising successive layers of at least a cathode, an anode and an interconnect, (1) wherein the interconnects have an individual thickness of about 30 to 100 µm (claim 23); (2) wherein the anodes have an individual thickness of about 10 µm (claim 24); or (3) wherein the cathodes have an individual thickness of about 10 µm (claim 25) [Bogicevic – C3:L59-C4:L21]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have further modified the ceramic monolith of Kwon wherein (1) wherein the interconnects have an individual thickness of about 30 to 100 µm (claim 23); (2) wherein the anodes have an individual thickness of about 10 µm (claim 24); or (3) wherein the cathodes have an individual thickness of about 10 µm (claim 25) as obvious design parameters for forming miniaturized solid oxide fuel cells.
Allowable Subject Matter
Claim 27 is 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.
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 HAROON S SHEIKH whose telephone number is (571)270-0302. The examiner can normally be reached 9-6.
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HAROON S. SHEIKH
Primary Examiner
Art Unit 1751
/Haroon S. Sheikh/ Primary Examiner, Art Unit 1751
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