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 .
Status of Amendment
The amendment filed on 30 October 2025 fails to place the application in condition for allowance.
Claims 1-20 are currently pending.
Status of Rejections
The rejection of claims 1, 3-7, 9, 10, 11, and 14-19 over Kim under 35 U.S.C. 103(a) is herein maintained.
The rejection of claim 13 over Kim under 35 U.S.C. 103(a) is withdrawn due to Applicant’s amendment on 30 October 2025 via changing the dependency thereon.
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.
Claims 1, 3-7, 9, 10, 11, and 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al (US 2021/0159528 A1).
As to claims 1, Kim discloses a polymer electrolyte water electrolyzer (Fuel cell title, where the recitation of “Water electrolyzer” is interpreted under MPEP 2111.02 II as a recitation limiting the intended use of the structure of the apparatus) comprising:
a cathode catalyst layer (#16) and an anode catalyst layer (#14)
a polymer electrolyte membrane extending between and separating the anode catalyst layer and the cathode catalyst layer (#12); and
a first blocking layer and a second blocking layer, the first blocking layer disposed between the cathode catalyst layer and the polymer electrolyte membrane and configured to resist diffusion of unwanted ions or molecules through the polymer electrolyte membrane, the second blocking layer disposed between the anode catalyst layer and the polymer electrolyte membrane and configured to resist diffusion of unwanted ions or molecules through the polymer electrolyte membrane. (Fig. 2 #s 52/54 which is representative of both the anode and cathode catalyst layers – [0022] thus providing both a first and second blocking layers between the catalysts layers 56 and the polymer membrane of the cell #12).
As to claim 3, 4, 5, 10, and 11 Kim discloses wherein the barrier layer comprises graphene oxide as a first material oxide, functionalized graphene oxide,thus resistant to the ions and molecules ([0023]) with an ionomer ([0028] polymer).
As to claim 6, Kim further discloses wherein a first number of layers is the same as the second number of the second layers (See Fig. 2/3 which is representative of each electrode thus the same number of layers).
As to claim 7, Kim discloses one-ten layers which falls within the instantly claimed range ([0025]).
As to claim 9, Kim discloses wherein the first blocking layer covers a first entirety of a first interface between the cathode catalyst layer and the polymer electrolyte membrane (See Fig. 2/3).
As to claims 14-16, Kim discloses a polymer electrolyte water electrolyzer (Fuel cell title, where the recitation of “Water electrolyzer” is interpreted under MPEP 2111.02 II as a recitation limiting the intended use of the structure of the apparatus) comprising:
a cathode catalyst layer (#16) and an anode catalyst layer (#14) wherein the cathode catalyst layer and anode catalyst layer included a catalyst support and catalyst particles supported on the catalyst supports ([0042])
a polymer electrolyte membrane extending between and separating the anode catalyst layer and the cathode catalyst layer (#12); and
a first blocking material and/or a second blocking material, the first blocking material encapsulating the cathode catalyst layer and configured to resist diffusion of unwanted ions or molecules through the polymer electrolyte membrane, the second blocking layer encapsulating the anode catalyst layer and configured to resist diffusion of unwanted ions or molecules through the polymer electrolyte membrane (Fig. 2 #s 52/54 which is representative of both the anode and cathode catalyst layers – [0022] “fully coated” thus reading on fully encapsulates as required by instant claim 15 and individually encapsulated as required by instant claim 16)
the polymer electrolyte water electrolyzer comprises the cathode catalyst layer, the anode catalyst layer, the polymer electrolyte membrane, and the first blocking layer and/or the second blocking layer. (redundant to the claimed preamble of the “comprising” language).
As to claims 17 and 18, Kim discloses a method of forming a blocking layer in a polymer electrolyte water electrolyzer, the method comprising:
applying a first material onto a polymer electrolyte water electrolyzer substrate (See Fig. 1 electrodes of Fig. 2/3 necessarily require the application of the layer) the polymer electrolyte water electrolyzer substrate is a catalysts support or catalysts layer of the polymer electrolyte water electrolyzer ([0027] “The graphene-based material may be deposited onto catalyst material layer 56 during synthesis of electrode 50, or after fabrication of electrode 50, either in the form of thin film or via dispersion (e.g., using graphene ink”); and
applying a second material onto the polymer electrolyte water electrolyzer substrate, (See Fig. 1 with electrodes of Fig. 2/3 which)
the first and/or second materials include a blocking material configured to resist diffusion of unwanted ions or molecules through a polymer electrolyte membrane and/or configured to resist diffusion of unwanted ions or molecules through the polymer electrolyte membrane. ([0023] thus reading on applying a first and second material in two different steps as required by instant claim 18.
As to claim 19, Kim discloses further applying a second material layer which does not include a blocking material layer to the ion conducting membrane (each electrode may be considered the first or second material layer or even layer 20 in a second applying step) thus reading on applying a first and second material in two different steps.
As to claim 20, Kim discloses wherein the first material is a blocking and binder material ([0023]) with an ionomer ([0028] polymer) and wherein the second material comprised a mixture of a catalyst material and an ionomer ([0049]).
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.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Price et al (US 2020/0099061 A1).
As to claim 2, Kim discloses each of the blocking layers comprises the barrier layer comprises graphene oxide as a first material oxide, functionalized graphene oxide,thus resistant to the ions and molecules ([0023]) with an ionomer ([0028] polymer).
Kim fails to explicitly disclose the use of first and second radical scavengers.
Price discloses including radical scavengers into membrane layers ([0072]) which includes the use in graphene based layers as a barrier for hydrogen crossover ([0077]).
Thus, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have used a radical scavenger in each of the blocking layers as taught by Price in the blocking layers of Kim in order to to eliminate peroxide radicals, for example by decomposing the hydrogen peroxide into benign products or by scavenging radicals after their formation, thereby protecting the membrane components from degradation and increasing the lifespan of the device. (Price [0074]).
Claims 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kim.
As to claims 12, Kim discloses a polymer electrolyte water electrolyzer (Fuel cell title, where the recitation of “Water electrolyzer” is interpreted under MPEP 2111.02 II as a recitation limiting the intended use of the structure of the apparatus) comprising:
a cathode catalyst layer (#16) and an anode catalyst layer (#14)
a polymer electrolyte membrane extending between and separating the anode catalyst layer and the cathode catalyst layer (#12); and
a first blocking layer and a second blocking layer, the first blocking layer disposed between the cathode catalyst layer and the polymer electrolyte membrane and configured to resist diffusion of unwanted ions or molecules through the polymer electrolyte membrane, the second blocking layer disposed between the anode catalyst layer and the polymer electrolyte membrane and configured to resist diffusion of unwanted ions or molecules through the polymer electrolyte membrane. (Fig. 2 #s 52/54 which is representative of both the anode and cathode catalyst layers – [0022] thus providing both a first and second blocking layers between the catalysts layers 56 and the polymer membrane of the cell #12).
Kim further discloses defects within the thickness of the graphene layer ([0032]-[0035]), but fails to disclose their explicit size. However, Kim discloses the sizes to be capable of providing a diffusion path ([0035]) and the thickness of the catalyst layers being on the nanometer range. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have used a nanopore size for the defect size on the size of the ions being transported ([0035]) thus providing the nanopores within the range claimed.
As to claim 13, Kim further discloses wherein the first blocking layer includes a mixture of a first ionomer and a first blocking material ([0028]).
Response to Arguments
Applicant's arguments filed 30 October 2025 with respect to Kim have been fully considered but they are not persuasive. In the instant case, Applicant argues the pre-amble of the instant claims differentiates the structure as claimed over the prior art. This argument is not persuasive in light of MPEP 2112.02 as a statement limiting the intended use of the structure. It is noted the instant specification does not ascribe any particular structure to the recitation of polymer electrolyte water electrolyzer preamble description outside of the structure associated with the instant claim limitations.
No further arguments are presented.
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 LOUIS J RUFO whose telephone number is (571)270-7716. The examiner can normally be reached Monday to Friday, 9 am to 5 pm.
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/LOUIS J RUFO/Primary Examiner, Art Unit 1795