Prosecution Insights
Last updated: April 19, 2026
Application No. 18/240,780

ELECTRODE, MEMBRANE ELECTRODE ASSEMBLY, ELECTROCHEMICAL CELL, STACK, AND ELECTROLYZER

Non-Final OA §102§103
Filed
Aug 31, 2023
Examiner
MENDEZ, ZULMARIAM
Art Unit
1794
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Toshiba Energy Systems & Solutions Corporations
OA Round
1 (Non-Final)
66%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
88%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allow Rate
612 granted / 933 resolved
+0.6% vs TC avg
Strong +22% interview lift
Without
With
+22.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
36 currently pending
Career history
969
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
59.6%
+19.6% vs TC avg
§102
23.8%
-16.2% vs TC avg
§112
10.4%
-29.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 933 resolved cases

Office Action

§102 §103
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. Claim s 1 and 4 -7 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Nakazawa et al. (US Patent Application Publication no. 2006/0201800). Regarding claim 1 , Nakazawa teaches a n electrode /anode comprising : a power feeder layer (40) including an electric conductive material (paragraphs 37, 59-60) , the power feeder layer including a porous structure including porosity of 1 0% or more and 5 0% or less (paragraphs 38, 55, 60) ; and a catalyst layer (44a) provided on the power feeder layer (40; as shown in figure 2) , the catalyst layer including a porous catalyst layer including a sheet-like precious metal , i.e. a ruthenium or platinum catalyst layer (paragraphs 9, 37) . Regarding claim 4 , Nakazawa teaches a membrane electrode assembly using the electrode according to claim 1 (abstract; paragraphs 37, 59) . Regarding claim 5 , Nakazawa discloses a n electrochemical cell using the electrode according to claim 1 (paragraphs 33, 36, 62) . Regarding claim 6 , Nakazawa further teaches a stack using the electrode according to claim 1 (paragraphs 7, 33) . Regarding claim 7 , Nakazawa discloses a n electrolyzer using the electrode according to claim 1 (paragraphs 33, 36, 62) . 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. Claim s 2 -3 are rejected under 35 U.S.C. 103 as being unpatentable over Nakazawa as applied to claim 1 above, and further in view of Sakai et al. (US Patent Application Publication no. 2021/0399319) . Regarding claim 2 , Nakazawa teaches all the features discussed above, but fails to disclose wherein the power feeder layer is a metal non-woven fabric having the fiber diameter of 1 µ m or more and 100 µ m or less. Sakai discloses a stack of electrochemical cells comprising an electrode including a power feeder and a catalyst, wherein the power feeder is composed of non-woven fabric having fibers to appropriately follow the displacement and deformation of the components which may occur during the operation of the electrochemical hydrogen pump due to the pressure difference between the electrodes (paragraphs 50-52). Even though Sakai fails to explicitly teach the particular diameter, i t has been held by courts that limitations relating to the size of an element is not sufficient to patentably distinguish over the prior art, if the claimed relative dimensions would not perform differently than the prior art device. MPEP 2144.04. IV.A. It would have been obvious to one having ordinary skill in the art at the time of filing to use a power feeder made of a metal non-woven fabric in the device of Nakazawa, as taught by Sakai, in order to appropriately follow the displacement and deformation of the components which may occur during the operation of the electrochemical hydrogen pump due to the pressure difference between the electrodes . Regarding claim 3, e ven though Nakazawa in view of Sakai fails to explicitly teach the particular thickness of the power feeder , i t has been held by courts that limitations relating to the size of an element is not sufficient to patentably distinguish over the prior art, if the claimed relative dimensions would not perform differently than the prior art device. MPEP 2144.04. IV.A . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ZULMARIAM MENDEZ whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-9805 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 8am-4:30p . 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT James Lin can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-8902 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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. /ZULMARIAM MENDEZ/ Primary Examiner, Art Unit 1794
Read full office action

Prosecution Timeline

Aug 31, 2023
Application Filed
Mar 16, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
66%
Grant Probability
88%
With Interview (+22.1%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 933 resolved cases by this examiner. Grant probability derived from career allow rate.

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