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 .
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. Claim(s) 1-8,10-12 is/are rejected under 35 U.S.C. 102(a) as being anticipated by Matsubara et al. (JP2003123769 translation).
As to claim 1, Matsubara et al. discloses an electrode catalyst layer for use in a polymer electrolyte fuel cell (paragraph 0007), comprising: a catalyst material; a conductive carrier (paragraph 0010) that supports the catalyst material; a polymer electrolyte; and a fibrous material (paragraph 0007,0010,0014), wherein the fibrous material contains a material having a nitrogen atom (paragraph 0014), and, a content of the fibrous material (cellulose) in the electrode catalyst layer is 10 wt% which falls within the claimed range and therefore anticipates the range (paragraph 0026).
As to claim 2, Matsubara et al. discloses, wherein an average fiber diameter of the fibrous material is 50 nm or more and 400 nm or less (paragraph 0014).
As to claim 3, Matsubara et al. discloses wherein an average fiber length of the fibrous material is 1 pm or more and 100 pm or less (paragraph 0015).
As to claim 4, Matsubara et al. discloses wherein the fibrous material contains a Lewis base having an unshared electron pair (paragraph 0014).
As to claim 5, Matsubara et al. discloses wherein the fibrous material contains at least one of an electron-conductive fiber and a proton-conductive fiber (paragraph 0015).
As to claim 6, Matsubara et al. discloses wherein the fibrous material contains the proton-conductive fiber (paragraph 0015).
As to claim 7, Matsubara et al. discloses wherein a content of the proton-conductive fiber in the electrode catalyst layer is 1 wt% or more and 10 wt% or less (paragraph 0026).
As to claim 8, Matsubara et al. discloses wherein the electron-conductive fiber is a carbon nanofiber (paragraph 0011).
As to claim 10, Matsubara et al. discloses an electrode catalyst layer for use in a polymer electrolyte fuel cell (paragraph 0007), comprising: a catalyst material; a conductive carrier that supports the catalyst material (paragraph 0010);a polymer electrolyte; and a fibrous material, wherein the fibrous material contains a Lewis base having an unshared electron pair (paragraph 0014: wherein Silica/Alumina oxygens have nonbonded electron pairs to donate), and, a content of the fibrous material (cellulose) in the electrode catalyst layer is 10 wt% which falls within the claimed range and therefore anticipates the range (paragraph 0026).
As to claim 11, Matsubara et al. discloses the electrode catalyst layer provided on at least one surface of a polymer electrolyte membrane (paragraph 0002).
As to claim 12, Matsubara et al. discloses a polymer electrolyte fuel cell comprising the membrane electrode assembly of claim 11 (paragraph 0001).
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.
2. Claim(s) 9, is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsubara et al. in view of Hamada (WO2019151310).
Matsubara et al. discloses the electrode catalyst described above. Matsubara et al. fail to disclose wherein the electron-conductive fiber contains at least one of a partial oxide of a carbonitride of a transition metal element, a conductive oxide of a transition metal element, and a conductive oxynitride of a transition metal element.
Hamada teaches wherein the electron-conductive fiber contains at least one of a partial oxide of a carbonitride of a transition metal element, a conductive oxide of a transition metal element, and a conductive oxynitride of a transition metal element (paragraph 0030) for the purpose of providing a polymer electrolyte fuel cell which have good adhesion at the interface between an electrode catalyst layer and a polymer electrolyte membrane (paragraph 0005).
Therefore, it would have been obvious to one having ordinary skill in the art at the time applicant's invention was made to Matsubara et al. with wherein the electron-conductive fiber contains at least one of a partial oxide of a carbonitride of a transition metal element, a conductive oxide of a transition metal element, and a conductive oxynitride of a transition metal element for the purpose of providing a polymer electrolyte fuel cell which have good adhesion at the interface between an electrode catalyst layer and a polymer electrolyte membrane (paragraph 0005).
Conclusion
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/JANE J RHEE/ Primary Examiner, Art Unit 1724