Prosecution Insights
Last updated: July 17, 2026
Application No. 18/103,536

ALKALINE MEMBRANE FUEL CELL ASSEMBLY COMPRISING A THIN MEMBRANE AND METHOD OF MAKING SAME

Non-Final OA §102§103
Filed
Jan 31, 2023
Priority
May 28, 2019 — nonprovisional of PCTIL2019050607 +10 more
Examiner
GODO, OLATUNJI A
Art Unit
1752
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Hydrolite Ltd.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
968 granted / 1128 resolved
+20.8% vs TC avg
Moderate +9% lift
Without
With
+9.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
34 currently pending
Career history
1155
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
75.4%
+35.4% vs TC avg
§102
17.3%
-22.7% vs TC avg
§112
5.4%
-34.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1128 resolved cases

Office Action

§102 §103
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 . 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. 1. Claims 1-11, 18, 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hunegnaw et al. (US20200216968). 2. Regarding claims 1-11, 18, 19, Hunegnaw teaches membrane electrode assembly (MEA) for an electrochemical device (see Fig. below; Nafion-based inks used in fuel cells and electrolyzers [0278])), the MEA comprising: a first gas diffusion electrode (GDE) comprising a first gas diffusion layer (GDL) coated with a first catalyst layer, a second GDE comprising a second GDL coated with a second catalyst layer, a thin membrane coated on the first catalyst layer of the first GDE and/or on the second catalyst layer of the second GDE, wherein a total thickness of the thin membrane is at most 30 microns, wherein the first and the second GDEs are joined together to form the MEA with the thin membrane located between the first and the second catalyst layers (Hot pressing: heating the MEA under pressure to bond the layers together [0282]), and a seal configured to seal the MEA (There can also be various gaskets that prevent leakage of reactants and products from the cell [0328]). PNG media_image1.png 670 862 media_image1.png Greyscale 3. Hunegnaw teaches wherein the jointing together is carried out over a joined area which is pressed mechanically and/or crosslinked chemically (Hot pressing: heating the MEA under pressure to bond the layers together [0282]). 4. Hunegnaw teaches wherein the first and/or the second GDL comprises a microporous layer (the gas diffusion layers 1826, 1846 are microporous [0320]). 5. Hunegnaw teaches wherein the seal includes an infused sealing material and/or gaskets, and seals all sides of the joined first and second GDEs (There can also be various gaskets that prevent leakage of reactants and products from the cell [0328]). 6. Hunegnaw teaches wherein the thin membrane comprises ionomer (a cathode buffer layer having an anion-conducting polymer [0161]) and reinforcing nanoparticles (Materials that are suitable as inert filler particles include, but are not limited to, TiO2, silica, PTFE, zirconia, and alumina [0261-0262]). 7. Hunegnaw teaches wherein each of the MEAs is sealed independently of the sealing of the other MEAs in the stack (FIG. 1A shows schematic examples of MEAs [0042]; FIG. 8 is a plot showing performance of two MEAs, both with bipolar membranes having a thin AEM and a thin cation-conducting PEM. The MEAs differ in the test setup (flow field and compression) [0080]). 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 of this title, 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. 8. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hunegnaw et al. (US20200216968) in view of Dresp et al. (US 20210028465 PCT filed 4/11/2019). 9. Hunegnaw teaches operate alternately as a fuel cell in a fuel cell mode and as an electrolyzer in an electrolyzer mode, wherein the hydrogen-side catalyst layer of the MEAs is configured to catalyze hydrogen oxidation in the fuel cell mode and to catalyze hydrogen formation in the electrolyzer mode (In a PEM fuel cell, gas (O2 or H2) is transported in but nothing or product water comes out. And in a PEM water electrolyzer, water is the reactant with O2 and H2 gas products [0216]), and the oxidant-side catalyst layer of the MEAs is configured to catalyze oxygen reduction in the fuel cell mode and to catalyze oxygen formation in the electrolyzer mode (When in use, the anode of an MEA promotes an electrochemical oxidation reaction such as electrolysis of water to produce elemental oxygen and protons [0138]; . 10. Dresp teaches wherein the single stack of the reversible device comprises an AEM (anion exchange membranes) stack (The fuel cell 100 comprises, as a core component, a membrane electrode assembly 6, which in the present case preferably has an ion exchange membrane 1, and in each case one electrode 2, specifically an anode and a cathode, adjoining one of the two flat sides of the membrane 1. The ion exchange membrane 1 can be a polymer electrolyte membrane, preferably an anion exchange membrane [0054]; …a fuel cell or electrolysis system, in particular in a regenerative fuel cell or reversible electrolyzer (abstract)) for the benefit of improving overall conductivity and increases activity [0014]. 11. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Hunegnaw with Dresp’s teachings for the benefit of improving overall conductivity and increases activity. 12. Claims 13-17 and 20 is rejected under 35 U.S.C. 103 as being unpatentable over Hunegnaw et al. (US20200216968) in view of Mohri et al. (US20210384538 filed 6/3/21). 13. Mohri wherein the self-refueling power-generating system (see Fig. below) for the benefit of a power management device that is configured to manage the flow of electric power in the power adjustment device (abstract). PNG media_image2.png 727 995 media_image2.png Greyscale PNG media_image3.png 572 951 media_image3.png Greyscale 14. Mohri’s prior art device, in its normal and usual operation, would necessarily perform the method claimed, and it reasonable to expect that the device of Mohri is capable of performing the claimed process, and as a result, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Hunegnaw with Mohri’s teachings for the benefit of a power management device that is configured to manage the flow of electric power in the power adjustment device (abstract). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLATUNJI GODO whose telephone number is (571)272-3104. The examiner can normally be reached 8:00 am - 5:30 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Smith can be reached on 571-272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /OLATUNJI A GODO/Primary Examiner, Art Unit 1752
Read full office action

Prosecution Timeline

Jan 31, 2023
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12683176
OXYGEN ELECTRODE CATALYTIC LAYER FOR REVERSIBLE, ALKALINE OR ANION EXCHANGE MEMBRANE ELECTROCHEMICAL DEVICES
2y 6m to grant Granted Jul 14, 2026
Patent 12676345
Battery Apparatus, Battery Management System and Precharging Method
3y 2m to grant Granted Jul 07, 2026
Patent 12671142
BATTERY PACK, ELECTRIC WHEELCHAIR, AND VEHICLE
3y 2m to grant Granted Jun 30, 2026
Patent 12671124
BATTERY MODULE INCLUDING STRUCTURE FOR HEAT EXCHANGE AND FIRE PREVENTION
2y 10m to grant Granted Jun 30, 2026
Patent 12665228
BATTERY PACK
2y 8m to grant Granted Jun 23, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
95%
With Interview (+9.4%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1128 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month