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 .
Examiner Note
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. 103 indicates the element of the claimed invention to which the preceding prior art element corresponds. Additionally, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon.
Response to Amendments and Arguments
Applicant’s amendments and Remarks filed on 26 June 2026 in response to the Non-Final Rejection dated 31 March 2026 have been entered and fully considered, respectively. Claims 2-8 have been canceled, claim 1 has been amended, and claims 13-24 remain withdrawn. As such, claims 1 and 9-12 remain pending and under consideration on the merits.
Applicant’s arguments on Pages 6-7 of the Remarks, directed to the rejection of claims 1 and 10-12 under 35 U.S.C. 102(a)(1) as anticipated by Kang, and claim 9 under 35 U.S.C. 103 as obvious over Kang, have been fully considered.
Applicant's arguments are moot, as the 35 U.S.C. 102(a)(1) rejection over Kang, and the 35 U.S.C. 103 rejection over Kang previously set forth in the Non-Final Rejection are overcome and hereby withdrawn as a result of the amendments to claim 1.
Applicant’s arguments on Pages 7-8 of the Remarks, directed to the rejection of claims 1-7 and 9-12 under 35 U.S.C. 103 as obvious over Liu, have been fully considered.
This is not persuasive for the following reasons.
Liu discloses that the step of spraying the slurry in forming the different layers or each successive layer may be identical to the one before it or different [Liu, 0044]. For example, the material used for the anode support may be different or identical to the material used of the anode functional layer [Liu, 0044]. Therefore, one of ordinary skill in the art would understand that if the material used for the anode support may be identical to the material used of the anode functional layer, then a similar logic could be used on the cathode side, where the material used for the cathode layer may be identical to the material used of the cathode barrier layer (MPEP 2143(I)(F)).
Liu discloses that the cathode layers, including the cathode barrier layer, are any cathode material known to those skilled in the art [Liu, 0029], for example, a perovskite-type oxide in the general formula of ABO3 [Liu, 0029] (MPEP 2144.07). The A site of the ABO3 structured perovskite comprises one or more of La, Sr, Ca, Pb, Pr, Ce, Sm, or Ba [Liu, 0029], of which reads on the claimed A site, as it may comprise more than one of the aforementioned elements, and there is a finite list of elements (MPEP 2143(I)(E)). The B site of the ABO3 structured perovskite comprises one or more of Ti, Cr, Ni, Fe, Co, or Zr [Liu, 0029], of which reads on the claimed B site, as it may comprise more than one of the aforementioned elements, and there is a finite list of elements (MPEP 2143(I)(E)).
Liu discloses that each layer, including the cathode barrier layer [Liu, 0044], has a thickness between 50nm - 1μm [Liu, 0044], of which overlaps with the claimed range [Claim 9]. Additionally, each layer is deposited via a spray technique, of which corresponds to the disclosed method of forming the reaction prevention layer, via a spray technique [Applicant’s Specification ¶0051]. Additionally, there is no standard in the claim for ascertaining the requite degree of being “densely formed” as claimed. As such, under broadest reasonable interpretation, the claimed term “densely” is any degree of density and thickness. Therefore, the cathode barrier layer would necessarily be densely formed, as claimed, absent a showing of factually supported objective evidence to the contrary. See MPEP 2112(V); MPEP 2112.01(I) and (II); MPEP 2145; and MPEP 2145(I).
Even though Liu discloses that the cathode is typically porous [Liu, 0029], that does not mean it is always porous. Furthermore, the porosity is not described specifically for the cathode barrier layer, but instead, states that the cathode generally is typically (not always) porous.
Applicant argues on Page 8 of the Remarks that Liu addresses a different problem, as compared to Applicant’s Specification, however, the limitations argued are not in the claims (MPEP 2145(II); MPEP 2145(VI)). Additionally, "the use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain" (MPEP 2123(I)).
Applicant’s arguments on Pages 8-9 of the Remarks, directed to the rejection of claim 8 under 35 U.S.C. 103 as obvious over Liu in view of Sadykov, have been fully considered.
Applicant's arguments are moot, as the 35 U.S.C. 103 rejection over Liu in view of Sadykov previously set forth in the Non-Final Rejection is overcome and hereby withdrawn as a result of the cancellation of claim 8.
Moreover, the grounds of rejection below have been updated to reflect the present claim amendments and made in view of previously cited prior art based on alternative interpretations thereof, as a result of additional search and consideration completed by the undersigned Examiner.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US 2019/0356008 A1, cited in previous Non-Final action; “Liu”).
Regarding claim 1, Liu discloses a solid oxide fuel cell (a proton conductive 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 (a proton conductive oxide 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 (a proton conductive oxide air electrode layer positioned on the reaction prevention layer) [0028-0029, 0044], wherein the cathode layer(s), of which includes a cathode barrier layer (a proton conductive oxide 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 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].
The cathode layers, including the cathode barrier layer, are any cathode material known to those skilled in the art [0029], i.e. a perovskite-type oxide in the general formula of ABO3 (ABO3-δ structure perovskite proton conductive oxide) [0029] (MPEP 2144.07). The A site of the ABO3 structured perovskite comprises one or more of La, Sr, Ca, Pb, Pr, Ce, Sm, or Ba [0029], of which reads on the claimed A site, as it may comprise more than one of the aforementioned elements, wherein the claimed A site combination of barium, praseodymium, and strontium would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, as there are a finite number of combinations that the A site could be (see MPEP 2143 (I)(E)). The B site of the ABO3 structured perovskite comprises one or more of Ti, Cr, Ni, Fe, Co, or Zr [0029], of which reads on the claimed B site, as it may comprise more than one of the aforementioned elements, wherein the claimed B site combination of cobalt and iron would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, as there are a finite number of combinations that the B site could be (see MPEP 2143 (I)(E)).
Liu remains silent regarding the reaction prevention layer is densely formed between the air electrode layer and the electrolyte layer.
It is noted that the claim term “densely”, is interpreted for examination on the merits in the broadest reasonable manner in view of Applicant's specification, of which is any degree of dense (see MPEP 2111, MPEP 2111.01, and MPEP 2173.01(I)).
However, the cathode barrier layer of Liu is substantially identical or identical to the claimed and disclosed reaction prevention layer in Applicant's specification in terms of comprising:
a perovskite-type oxide in the general formula of ABO3, of which corresponds to the claimed and disclosed ABO3-δ structured perovskite proton conductive oxide composition [Claim 1, Applicant’s Specification ¶0034], wherein
the A site of the ABO3 structured perovskite comprises one or more of La, Sr, Ca, Pb, Pr, Ce, Sm, or Ba, of which corresponds to the claimed and disclosed A site [Claim 1, Applicant’s Specification ¶0035], and
the B site of the ABO3 structured perovskite comprises one or more of Ti, Cr, Ni, Fe, Co, or Zr, of which corresponds to the claimed and disclosed A site [Claim 1, Applicant’s Specification ¶0036], and
a thickness between 50nm - 1μm, of which overlaps with the claimed and disclosed thickness range, 100-500 nm [Claim 9, Applicant’s Specification ¶0058] (MPEP 2144.05(I)), and
is deposited via a spray technique, of which corresponds to the disclosed method of forming the reaction prevention layer, via a spray technique [Applicant’s Specification ¶0051], and
there is no standard in the claim for ascertaining the requite degree of being “densely formed” as claimed. As such, under broadest reasonable interpretation, the claimed term “densely” is any degree of dense.
Given that the cathode barrier layer of Liu is substantially identical or identical to the claimed and disclosed reaction prevention layer in terms of the foregoing elements (a)-(f), it stands to reason, and there is a strong expectation, that the cathode barrier layer of Liu would have necessarily been densely formed between the air electrode layer and the electrolyte layer, as claimed, absent a showing of factually supported objective evidence to the contrary. See MPEP 2112(V); MPEP 2112.01(I) and (II); MPEP 2145; and MPEP 2145(I). "Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established”. The prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed products. In re Best, 195 USPQ 430, 433 (CCPA 1977), In re Spada, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
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)).
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.
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.
Regarding claim 12, the rejection of claim 11 above, incorporated herein by reference (not repeated), reads on the claimed rare earth metals.
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 l.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 l.17(a)) pursuant to 37 CFR l.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 JENNA X. COLTON whose telephone number is (571)272-2210. The examiner can normally be reached Monday-Friday 8AM-5PM.
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/JENNA X. COLTON/Examiner, Art Unit 1782
/MICHAEL C. ROMANOWSKI/Primary Examiner, Art Unit 1782
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