DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Applicant's election without traverse of Group I: claims 1-12 in the reply filed on 13 February 2026 is acknowledged.
3. Claims 13-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Status of Claims
4. Claims 1-24 are pending in the current application, claims 13-24 are withdrawn, and claims 1-12 are under consideration on the merits.
Examiner Note
5. It is noted that all references hereinafter to Applicant’s specification are to the published
application US 2024/0154143 A1, unless stated otherwise. Further, it is noted that italicized text in parentheses recited in any rejection under 35 U.S.C. 102 and/or 35 U.S.C. 103 indicates the element of the claimed invention to which the preceding prior art element corresponds.
Claim Rejections - 35 USC § 102
6. 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.
7. 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.
8. Claims 1 and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kang et al. (US 2011/0262839 A1; “Kang”).
9. Regarding claim 1, Kang discloses a proton conducting ceramic fuel cell (proton conductive oxide fuel cell) [0045-0046] comprising in this order, an anode (fuel electrode substrate) [element 110], a ceramic electrolyte layer (electrolyte layer positioned on the fuel electrode substrate) [element 130], a cathode side ceramic protective layer (reaction prevention layer positioned on the electrolyte layer) [element 140], of which is inter alia a doped perovskite [0013], and a cathode (air electrode layer positioned on the reaction prevention layer) [element 150] [0046-0048, FIG. 1], wherein the anode and cathode may each be an oxygen ion or hydrogen ion permeable thin layer [0048].
10. Regarding claim 10, in view of the rejection of claim 1 above, Kang further discloses the cathode is a perovskite and may be, inter alia, a lanthanum strontium cobalt iron oxide [0048], of which reads on the claimed air electrode layer composition.
11. Regarding claim 11, in view of the rejection of claim 1 above, Kang further discloses the ceramic electrolyte layer may comprise a solid solution of barium, zirconate, and cerate, doped with ytterbium and yttrium [0052], of which reads on doped with two or more rare earth metals.
12. Regarding claim 12, the rejection of claim 11 above, incorporated herein by reference (not repeated), reads on the claimed rare earth metals.
Claim Rejections - 35 USC § 103
13. 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.
14. 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.
15. 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.
16. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kang, as applied above.
17. Regarding claim 9, in view of the rejection of claim 1 above, Kang further discloses that the cathode side ceramic protective layer may have a thickness less than or equal to 100 nm [0056], of which overlaps with the claimed range, 100-500 nm, thereby rendering the range obvious (MPEP2144.05(I)).
18. Claims 1-7 and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US 2019/0356008 A1).
19. Regarding claim 1, Liu discloses a solid oxide fuel cell [0025] comprising in this order, one or more of each of an anode layer (fuel electrode substrate) [0025, 0044], an electrolyte layer (electrolyte layer positioned on the fuel electrode substrate) [0030-0031, 0044], of which is, inter alia barium-zirconate-cerium-yttrium-ytterbium oxide (BZCYYb) [0031-0037], and a cathode layer (air electrode layer positioned on the reaction prevention layer) [0028-0029, 0044], wherein the cathode layer(s), of which includes a cathode barrier layer (reaction prevention layer positioned on the electrolyte layer) [0044] (MPEP 2144.04 (VI)), may comprise an electronic conductor [0028], to conduct electronic charge carriers such as electrons, of which is, inter alia lanthanum strontium iron cobalt oxide [0028], and an ionic conductor [0027-0029], to transport positive or negative ions [0027-0028], thereby reading on the claimed proton conductive oxide limitation. The cathode layers are any cathode material known to those skilled in the art [0029], i.e. a perovskite-type oxide (perovskite) in the general formula of ABO3 [0029]. The layers are arranged such that the electrolyte layer is between the anode and the cathode layers [0041], and each layer, including the cathode barrier layer [0044] (MPEP 2144.04 (VI)), is a thickness between 50nm - 1μm [0044]. The material used for forming the different layers can be identical to the one before it or different [0044], wherein for example, the material for the anode support and the anode functional layer can be different or identical, and likewise for the cathode and the cathode barrier layer [0044].
20. Regarding claim 2, in view of the rejection of claim 1 above, the cathode material(s), including the cathode barrier layer may be a perovskite-type oxide in the general formula of ABO3 (ABO3-δ) [0029].
21. Regarding claim 3, in view of the rejection of claim 2 above, Liu further discloses the A site of the ABO3 structured perovskite comprises one or more of La, Sr, Ca, Pb, Pr, Ce, Sm, or Ba [0029] (MPEP 2131.02(II)), of which reads on the claimed one or more selected from alkali earth metals or lanthanide-based metals.
22. Regarding claim 4, the rejection of claim 3 above, incorporated herein by reference (not repeated), reads on the A site defined by claim 4.
23. Regarding claim 5, in view of the rejection of claim 2 above, Liu further discloses the B site of the ABO3 structured perovskite comprises one or more of Ti, Cr, Ni, Fe, Co, or Zr [0029] (MPEP 2131.02(II)), of which reads on the claimed one or more selected from transition metals or lanthanide-based metals.
24. Regarding claim 6, the rejection of claim 5 above, incorporated herein by reference (not repeated), reads on the B site defined by claim 6.
25. Regarding claim 7, the rejection of claim 6 above, incorporated herein by reference (not repeated), reads on the B site defined by claim 7.
26. Regarding claim 9, in view of the rejection of claim 1 above, the cathode barrier layer may have a thickness between 50nm - 1μm [0044], of which overlaps with the claimed range, 100-500 nm, thereby rendering the range obvious (MPEP 2144.05(I)).
27. Regarding claim 10, in view of the rejection of claim 1 above, Liu further discloses that the cathode layer is typically porous to allow oxygen reduction to occur [0029], and may be, inter alia lanthanum strontium iron cobalt oxide, of which is a perovskite-type oxide that may also be represented by the general formula of ABO3 [0028-0029], thereby reading on the claimed perovskite proton conductive oxide.
28. Regarding claim 11, in view of the rejection of claim 1 above, the electrolyte layer [0030-0031, 0044] is barium-zirconate-cerium-yttrium-ytterbium oxide (BZCYYb) [0031-0037], and reads on the claimed electrolyte layer comprising a barium zirconate-cerate doped with two or more rare earth metals.
29. Regarding claim 12, the rejection of claim 11 above, incorporated herein by reference (not repeated), reads on the claimed rare earth metals.
30. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Liu, in view of Sadykov et al. (Carbon Resources Conversion (2020) 3: 112–121; “Sadykov”).
31. Regarding claim 8, Liu discloses the proton conductive oxide fuel cell set forth above in the rejection of claim 7.
32. Liu remains silent regarding the ABO3-δ structured perovskite proton conductive oxide is represented by the following: PrNixCo1-xO3 (0.3≤x≤0.7).
33. Sadykov is directed to solid oxide fuel cells (SOFC) and catalytic membranes for oxygen separation [Abstract]. Sadykov teaches PrNi0.5Co0.5O3-δ as a promising material for SOFC cathodes and permselective layers of oxygen separation membranes due to their compatibility with electrolytes, their stability to carbonization, and their superior oxygen transport characteristics [Introduction]. The molar amounts of Ni and Co meet the claimed molar ranges.
34. Liu and Sadykov each constitute prior art which is directly analogous to the claimed invention – ------a reaction prevention layer for a fuel cell. In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the solid oxide fuel cell of Liu by having utilized PrNi0.5Co0.5O3-δ of Sadykov as the cathode barrier layer due to high compatibility with electrolytes and in order to reach high oxygen fluxes across the membrane and to deliver superior performance in catalytic reactions [Sadykov, Introduction].
Pertinent Prior Art
35. The following constitutes a list of prior art which are not relied upon herein, but are considered pertinent to the claimed invention and/or written description thereof. The prior art are purposely made of record hereinafter to facilitate compact/expedient prosecution, and consideration thereof is respectfully suggested.
36.
Ding et al., US 2020/0075980 A1; teaches a first electrode (steam side electrode) including a triple conducting perovskite represented as ABO3-δ, i.e. PrNi0.5Co0.5O3-δ, a proton-conducting membrane, of which is, inter alia BCZYYb, and a second electrode, of which is, inter alia Ni—BCZYYb (H2 gas side electrode) [0063-0065, 0067, 0069].
Quek et al., US 2007/0072070 A1; teaches that Ni-plating also provides a protective layer against oxidation of the conductive base [0028].
Sadykov et al., Materials Today: Proceedings, Vol. 4, Issue 11, Part 1, Pages 11351-11355, (2017), https://doi.org/10.1016/j.matpr.2017.09.007; is directed towards praseodymium nickelate-cobaltite, i.e. PrNi0.5Co0.5O3-δ, for use as oxygen separation membranes for their high oxygen mobility [Abstract and Introduction sections].
Sadykov et al., Russian Journal of Electrochemistry, Vol. 50, pages 669–679, (2014), https://doi.org/10.1134/S1023193514070131; is directed towards praseodymium nickelate–cobaltite, i.e. PrNi1 – xCoxO3 + δ, x=0-0.6, composites as promising cathodic materials [Abstract and Experimental sections].
Ding et al., Nature Communications, Vol. 11, Article Number 1907, (2020), https://doi.org/10.1038/s41467-020-15677-z; exemplifies use of PrNi0.5Co0.5O3−δ electrode with a BaCe0.4Zr0.4Y0.1Yb0.1O3 (BCZYYb4411) electrolyte and a NiO-BCZYYb4411-electrode [Electrochemical performances of PCECs with PNC oxygen electrode and PCEC fabrication and electrochemical measurements sections].
Huang, S. et al, Journal of Power Sources, Vol. 199, Pages 150-154 (2012), https://doi.org/10.1016/j.jpowsour.2011.10.025; is directed towards use of PrNi0.6Co0.4O3 (PNC) as a possible candidate for cathode material [Abstract].
Ohmori et al., US 2013/0244132 A1; is directed towards a fuel cell including an anode, a barrier layer no more than 30 micrometers thick, a cathode, and an electrolyte layer (solid electrolyte layer) [0052-0053, 0061].
Thompson et al., US 2007/0072046 A1; teaches a cathode and an anode, with an electrolyte disposed therebetween, and buffer layers between the electrodes and the electrolyte to prevent deleterious chemical interaction between the layers [0036].
Gopalan et al., US 6492051 B1; teaches a fuel cell including a fuel electrode, an electrolyte, an interlayer, and a porous ceramic air electrode [FIG. 1, col. 3, line 53 – col. 4, line 21]
Yasumoto et al., US 2007/0202390 A1; teaches a protective layer [element 7, 0055-0056] used on the oxidizing side/air electrode [0061, FIG. 6] that carries preferable physical properties such as electrical conductivity, thermal resistance, corrosion resistance, and oxidation resistance [0062].
Conclusion
37. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNA X. COLTON whose telephone number is (571)272-2210. The examiner can normally be reached Monday-Friday 8AM-5PM.
38. 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.
39. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aaron Austin can be reached at (571)272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
40. 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.
/JENNA X. COLTON/Examiner, Art Unit 1782
/AARON AUSTIN/Supervisory Patent Examiner, Art Unit 1782
Prosecution Insights