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 with traverse of Group I in the reply filed on January 7, 2026 is acknowledged. The traversal is on the ground(s) that the independent claims of Group I, II, and III share the limitations of a membrane electrode assembly including gas diffusion layers, catalysts layers, and an exchange membrane, the cells have a target operational relative humidity, and a humidity stabilization system including a hygroscopic material having a critical relative humidity equal to or greater than the targe operational relative humidity of the cell. Further, Applicant argues the groups all belong to the same classification.
The Examiner has considered Applicant arguments and partially agrees there is no additional burden between Group I and Group II. Therefore, Group II claims 9-14 are rejoined with Group I claims 1-8.
Applicant further argues that Group I and Group III share the limitation of bipolar plates. This is not found persuasive. Searching for the invention of Group III further requires a bipolar plate including a humidity stabilization system including the hygroscopic material arranged in a pattern [Fig. 7 embodiment]. Group I requires a bipolar plate [Claim 1] and a humidity stabilization system is in the gas diffusion layer [claim 7]. Thus, the final products of Group I and Group III do not overlap in scope, would not be considered to be obvious variants, the inventions are incapable of use together, and the inventions have a different design and mode of operation.
Therefore, Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
The requirement is deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character 34 has been used to designate both the hygroscopic material layer 34 and the catalyst layer 24 in Fig. 6A. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 3 objected to because of the following informalities: There appears to be a typographical error in line 1 and “reacting” should be amended to “reacts”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 9-14 is/are rejected under 35 U.S.C. 102(a)(1)as being anticipated by Nowatari et al. [JP2014112464 (A), machine translation relied upon provided], hereinafter Nowatari.
Regarding claim 9, Nowatari discloses an electrochemical cell comprising [Nowatari 0001 and throughout, fuel cell discussed throughout]:
a membrane electrode assembly [Nowatari 0008, 0016, 0032-0035 and throughout, Fig. 4 embodiment, MEA 20] including gas diffusion layers [Nowatari 0019-0020, 0032-0035 and throughout, Fig. 4 embodiment, gas-liquid separating means 28, 40 read on the claimed gas diffusion layers], catalyst layers [Nowatari 0017-0022, 0032-0035 and throughout, Fig. 4 embodiment, catalyst layers 24, 26], and an exchange membrane [Nowatari 0017-0020, 0032-0035 and throughout, Fig. 4 embodiment, electrolyte membrane 22],
the cell having a target operational relative humidity (RH) [Nowatari 0005, 0009, 0028, 0032-0035 and throughout, appropriate humidity range during shutdown and operation reads on target operational relative humidity and the operational humidity requirements of the fuel cell are further discussed throughout]; and
a humidity stabilization system located adjacent to the membrane electrode assembly [Nowatari 0020, 0032-0035, and throughout, Fig. 4, humidity adjusting section 70 discussed throughout, adjacent to GDL 40 of MEA 20],
the system including a hygroscopic material having a critical relative humidity (CRH) value equal to or greater than the target operational RH of the cell [Nowatari 0020-0025, Nowatari humidity adjusting system includes a water-absorbing inorganic salt [0006, 0020-0025] used in a humidity-conditioning aqueous solution 36 [0023]. Nowatari does not explicitly teach a hygroscopic material; however, Merriam-Webster online dictionary defines hygroscopic as readily taking up and retaining moisture. Thus, Nowatari’s water-absorbing inorganic salts for a humidity-conditioning system read on the claimed hygroscopic material. The humidity inside Nowatari’s anode chamber is maintained at a humidity specific to the inorganic salt: cesium fluoride, lithium bromide, lithium chloride, potassium acetate, magnesium chloride, potassium carbonate, sodium bromide, potassium iodide, sodium chloride, potassium chloride, and potassium sulfate, where the CRHs of each are provided in Fig. 2. The salt is selected based on the humidity requirements as discussed throughout.];
and a physical barrier retaining the hygroscopic material within the cell [Nowatari 0023, 0027-0028, 0032-0035, Fig. 4 embodiment, Nowatari discloses the hygroscopic material, an aqueous solution 36 containing an inorganic salt in an amount exceeding the saturation amount, is retained within the cell by a physical barrier, which includes 1) a humidity control chamber 34 within the cell shown in Fig. 4, where the contents of chamber 34 are 2) isolated from the anode chamber 32 by the gas separation means 38, which allows water vapor to pass and be absorbed into the humidity-conditioning solution [0027-0028].
Regarding Claim 10, Nowatari discloses the cell of claim 9, wherein the physical barrier is water vapor permeable and liquid water impermeable [Nowatari 0020, 0032-0035, and throughout, Fig. 4, As described in claim 9, Nowatari discloses two types of physical barriers in the cell. The physical barrier of the gas separation means 38 allows water vapor to pass through but does not allow liquid water to pass through.].
Regarding Claim 11, Nowatari discloses the cell of claim 9, wherein the physical barrier forms a chamber [Nowatari 0020, 0032-0035, and throughout, Fig. 4, As described in claim 9, Nowatari discloses two types of physical barriers in the cell. The physical barrier of a humidity control chamber 34 within the cell is shown in Fig. 4.].
Regarding Claim 12, Nowatari discloses the cell of claim 9, wherein the physical barrier is a porous membrane between a gas diffusion layer and the hygroscopic material [Nowatari 0019-0020, 0032-0035, and throughout, Fig. 4, As described in claim 9, Nowatari discloses two types of physical barriers in the cell. The physical barrier of the gas-separation means 38 allows water vapor to pass through but does not allow liquid water to pass through [0020]. Nowatari discloses gas-separation means 38 is made of a similar material to the GDL 28, which can be a porous membrane such as Teflon [0019]. Further, Nowatari discloses the gas-separation means 38 separates the humidity-controlling solution 36 in humidity control chamber 34, which includes the hygroscopic salts as described in claim 9, from the anode chamber 32 (see claim 9 above). As shown in Fig. 4, the gas-separation means 38 is between GDL 40 and the humidity control chamber 34 containing the hygroscopic salts. Thus, Nowatari’s invention reads on the limitation.].
Regarding claim 13, modified Nowatari discloses the cell of claim 9, wherein the hygroscopic material includes one or more of sulfates, phosphates, nitrates, chlorides, or a combination thereof [Nowatari 0023, 0043-0044, Nowatari discloses cesium fluoride, lithium bromide, lithium chloride, potassium acetate, magnesium chloride, potassium carbonate, sodium bromide, potassium iodide, sodium chloride, potassium chloride, and potassium sulfate where the CRHs of each are provided in Fig. 2, which reads on sulfates and chlorides.
Regarding Claim 14, modified Nowatari discloses the cell of claim 9, wherein the hygroscopic material comprises potassium sulfate [Nowatari 0023, 0025, 0044, Fig. 2].
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.
Claim(s) 1-2, 5-6, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nowatari et al. [JP2014112464 (A), machine translation relied upon provided], hereinafter Nowatari, in view of Nicotera et al. [US20080206615A1], hereinafter Nicotera.
Regarding claim 1, Nowatari discloses an electrochemical cell comprising [Nowatari 0001 and throughout, fuel cell discussed throughout]:
a plurality of components including a membrane electrode assembly [Nowatari 0008, 0016, and throughout, Fig. 1, MEA 20] including gas diffusion layers [Nowatari 0019-0020 and throughout, Fig. 1, gas-liquid separating means 28, 38 read on the claimed gas diffusion layers], catalyst layers [Nowatari 0017-0022 and throughout, Fig. 1, catalyst layers 24, 26], an exchange membrane [Nowatari 0017-0020 and throughout, Fig. 1, electrolyte membrane 22],
the cell having a target operational relative humidity (RH) [Nowatari 0005, 0009, 0028 and throughout, appropriate humidity range during shutdown and operation reads on target operational relative humidity and the operational humidity requirements of the fuel cell are further discussed throughout]; and
a humidity stabilization system located in or adjacent to at least one of the plurality of components [Nowatari 0020 and throughout, Fig. 1, humidity adjusting section 30 discussed throughout is shown adjacent to GDL 38 on the anode chamber],
the system including a hygroscopic material having a critical relative humidity (CRH) value equal to or greater than the target operational RH of the cell [Nowatari 0020-0025, Nowatari humidity adjusting system includes a water-absorbing inorganic salt [0006, 0020-0025] used in a humidity-conditioning aqueous solution 36 [0023]. Nowatari does not explicitly teach a hygroscopic material; however, Merriam-Webster online dictionary defines hygroscopic as readily taking up and retaining moisture. Thus, Nowatari’s water-absorbing inorganic salts for a humidity-conditioning system read on the claimed hygroscopic material. The humidity inside Nowatari’s anode chamber is maintained at a humidity specific to the inorganic salt: cesium fluoride, lithium bromide, lithium chloride, potassium acetate, magnesium chloride, potassium carbonate, sodium bromide, potassium iodide, sodium chloride, potassium chloride, and potassium sulfate, where the CRHs of each are provided in Fig. 2. The salt is selected based on the humidity requirements as discussed throughout.].
Nowatari does not teach bipolar plates. Nicotera teaches a fuel cell with bipolar plates [Nicotera 0028-0031, Fig. 4, bipolar plates 30]. It would be within the ambit of the skilled artisan to apply Nicotera’s bipolar plates to Nowatari’s fuel cell. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine Nicotera’s bipolar plates with Nowatari’s fuel cell for the predictable result of a fuel cell with bipolar plates to create channels for the flow of reactants and products [Nicotera 0028-0031].
Regarding Claim 2, modified Nowatari discloses the cell of claim 1, wherein the hygroscopic material is a compound having an ionic bond [Nowatari 0023, Nowatari discloses cesium fluoride, lithium bromide, lithium chloride, potassium acetate, magnesium chloride, potassium carbonate, sodium bromide, potassium iodide, sodium chloride, potassium chloride, potassium sulfate, all of which have ionic bonding. For example, potassium donates an electron to each sulfate ion, forming an ionic bond. Likewise, sodium donates an ion to the chloride ion, forming an ionic bond.]
Regarding claim 5, modified Nowatari discloses the cell of claim 1, wherein the hygroscopic material includes one or more of sulfates, phosphates, nitrates, chlorides, or a combination thereof [Nowatari 0023, 0043-0044, Nowatari discloses cesium fluoride, lithium bromide, lithium chloride, potassium acetate, magnesium chloride, potassium carbonate, sodium bromide, potassium iodide, sodium chloride, potassium chloride, and potassium sulfate where the CRHs of each are provided in Fig. 2, which reads on sulfates and chlorides. Further, Nowatari discloses an embodiment for the humidification system that can have two different types of inorganic salts depending on the humidity requirements [0043-0044], which reads on a combination thereof. It would have been obvious for one of ordinary skill in the art prior to the filing date to select from either a single salt embodiment or two or more salt embodiment for the predictable result of a fuel cell with a humidification system to prevent flooding or drying out of the cathode catalyst layer [Nowatari 0022, 0047]. See MPEP 2143E.
Regarding Claim 6, modified Nowatari discloses the cell of claim 1, wherein the hygroscopic material comprises potassium sulfate [Nowatari 0023, 0025, 0044, Fig. 2].
Regarding Claim 8, modified Nowatari discloses the cell of claim 1, wherein the humidity stabilization system includes a plurality of hygroscopic materials having different CRHs [Nowatari 0023, 0043-0044, Nowatari discloses cesium fluoride, lithium bromide, lithium chloride, potassium acetate, magnesium chloride, potassium carbonate, sodium bromide, potassium iodide, sodium chloride, potassium chloride, and potassium sulfate where the variety of CRHs of each are provided in Fig. 2. Further, Nowatari discloses an embodiment for the humidification system that can have two different types of inorganic salts depending on the humidity requirements [0043-0044], which reads on a combination thereof. It would have been obvious for one of ordinary skill in the art prior to the filing date to select from either a single salt embodiment or two or more salt embodiment for the predictable result of a fuel cell with a humidification system to prevent both flooding or drying out of the cathode catalyst layer through the selection of the salts [Nowatari 0022, 0047]. See MPEP 2143E.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nowatari in view of Nicotera, as provided for claim 1 above, as evidenced by Miki et al. [US20110008216A1], hereinafter Miki.
Regarding Claim 3, modified Nowatari discloses the cell of claim 1, wherein the hygroscopic material reacts exothermically with water [Nowatari 0023, Nowatari discloses a number of hygroscopic materials as described in claim 1, such as magnesium chloride. MgCl2 is known to react exothermically with water, as evidenced by Miki [Miki 0061].
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nowatari in view of Nicotera, as provided for claim 1 above, as evidenced by V. Bianco et al. [Phase diagram of the NaCl–water system from computer simulations. J. Chem. Phys. 14 February 2022; 156 (6): 064505], hereinafter Bianco.
Regarding Claim 4, modified Nowatari discloses the cell of claim 1, wherein the hygroscopic material undergoes a phase change upon contact with water [Nowatari 0023, Nowatari discloses a number of hygroscopic materials as described in claim 1, such as sodium chloride. NaCl is known to react to undergo a phase change with water from solid crystals to brine solution, as evidenced by Bianco Fig. 1 and throughout.].
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nowatari in view of Nicotera, as provided for claim 1 above, in further view of Jenssen et al. [US20230056281A1], hereinafter Jenssen.
Regarding Claim 7, modified Nowatari discloses the cell of claim 1. Nowatari discloses the humidity stabilization system is adjacent to the gas diffusion layer 38 as described in claim 1 but does not teach the humidity stabilization system is in the gas diffusion layer.
Jenssen teaches wherein the humidity stabilization system is located in a gas diffusion layer [Jenssen 0013, 0028, Figs. 2,4 , Jenssen’s conducting lines 7 are formed of a hygroscopic material in gas diffusion layer 5.]. It would be within the ambit of the skilled artisan to apply Jenssen’s teachings to the modified Nowatari’s fuel cell by applying Jenssen’s teachings to the GDL 38 in modified Nowatari’s fuel cell. It would have been obvious to one of ordinary skill in the art before the effective filing date to combine Jenssen’s teachings with Nowatari’s fuel cell for the predictable result of a reliably preventing flooding of the fuel cell [Nowatari 0022, 0047; Jenssen 0013].
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to M. T. LEONARD whose telephone number is (571)270-1681. The examiner can normally be reached Mon-Fri 8:30-5 EST.
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/M. T. LEONARD/Examiner, Art Unit 1724
/STEWART A FRASER/Primary Examiner, Art Unit 1724