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 of claims 2 and 4-8 in the reply filed on April 27, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 1 and 3 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on April 27, 2026.
Claim Objections
Claims 7 and 8 are objected to because of the following informalities: in line 2, “a membrane electrode assembly” should read “the membrane electrode assembly”. 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.
Claims 5, 6, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshida et al. (US 2009/0087713 A1, hereinafter “Yoshida”).
Regarding claim 5, Yoshida discloses a membrane electrode assembly ([0061] and Fig. 1, membrane electrode assembly with reinforcing films), comprising: a layered body including a polymer electrolyte membrane and a pair of electrode catalyst layers in contact with the polymer electrolyte membrane with the polymer electrolyte membrane sandwiched therebetween in a thickness direction ([0059] and Fig. 1, membrane-catalyst layer assembly 10 comprising catalyst layers 3 formed on electrolyte membrane 2); and a frame unit configured to support the layered body ([0060] and Fig. 1, frame-shaped reinforcing films 4), wherein as viewed in the thickness direction of the polymer electrolyte membrane, the polymer electrolyte membrane has an outer periphery being a part extending beyond the electrode catalyst layers ([0059] and Figs. 1 and 3, outer edge portions 21 with distance C), with the frame unit having an outer shape larger than an outer shape of the polymer electrolyte membrane (Fig. 1), the frame unit surrounds the electrode catalyst layers and is in contact with the electrode catalyst layers (Fig. 1), with the outer periphery held inside the frame unit in the thickness direction (Fig. 1), as viewed in the thickness direction of the polymer electrolyte membrane, the outer periphery has a width of 1 mm or more ([0101]-[0104], electrolyte membrane 2 has a size of 63 mm x 63 mm and catalyst layers 2 have a size of 60 mm x 60 mm, distance C is 1.5 mm), whereas a ratio of an area of the outer periphery to an area of the electrode catalyst layer is less than or equal to 0.2 ([0101]-[0104], ratio is 0.1025), and the membrane electrode assembly has an end surface positioned on an edge of the frame unit and being a single surface continuous in the thickness direction (see Annotated Fig. 1 below).
Yoshida et al. Annotated Fig. 1
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Regarding claim 6, Yoshida discloses a membrane electrode assembly ([0061] and Fig. 1, membrane electrode assembly with reinforcing films), comprising: a layered body including a polymer electrolyte membrane and a pair of electrode catalyst layers in contact with the polymer electrolyte membrane with the polymer electrolyte membrane sandwiched therebetween in a thickness direction ([0059] and Fig. 1, membrane-catalyst layer assembly 10 comprising catalyst layers 3 formed on electrolyte membrane 2); a frame unit configured to support the layered body ([0060] and Fig. 1, frame-shaped reinforcing films 4), an attachment member at an edge of the frame unit and extending along an outer periphery of the frame unit as viewed in the thickness direction of the polymer electrolyte membrane ([0095] and Fig. 10, second bonding layer 46), wherein as viewed in the thickness direction of the polymer electrolyte membrane, the polymer electrolyte membrane has an outer periphery being a part extending beyond the electrode catalyst layers ([0059] and Figs. 1 and 3, outer edge portions 21 and distance C), with the frame unit having an outer shape larger than an outer shape of the polymer electrolyte membrane (Fig. 1), the frame unit surrounds the electrode catalyst layers and is in contact with the electrode catalyst layers (Fig. 1), with the outer periphery held inside the frame unit in the thickness direction (Fig. 1), and the attachment member contains a glue or an adhesive and is joined to the frame unit ([0095] and Fig. 10, second bonding layer 46 is melted via welding).
Regarding claim 8, Yoshida discloses the limitations of claim 5. Yoshida further discloses a polymer electrolyte fuel cell comprising ([0081] and Fig. 4, polymer electrolyte fuel cell 1): a membrane electrode assembly of claim 5 ([0081] and Fig. 4, membrane electrode assembly 20); and a pair of separators with the membrane electrode assembly in between ([0081] and Fig. 4, separators 7 sandwich membrane electrode assembly 20).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (US 2009/0087713 A1) in view of Kiuchi (US 2014/0030614 A1, cited by Applicant in IDS filed May 20, 2025) and Nowatari et al. (US 2010/0248075 A1, corresponding Patent No. US 8,420,275 B2 cited by Applicant in IDS filed May 20, 2025, and hereinafter “Nowatari”).
Regarding claim 2, Yoshida discloses a membrane electrode assembly ([0061] and Fig. 1, membrane electrode assembly with reinforcing films) comprising a layered body including a polymer electrolyte membrane and a pair of electrode catalyst layers in contact with the polymer electrolyte membrane with the polymer electrolyte membrane sandwiched therebetween in a thickness direction ([0059] and Fig. 1, membrane-catalyst layer assembly 10 comprising catalyst layers 3 formed on electrolyte membrane 2), a frame unit supporting the layered body ([0060] and Fig. 1, frame-shaped reinforcing films 4), wherein as viewed in the thickness direction of the polymer electrolyte membrane, the polymer electrolyte membrane has an outer periphery being a part extending beyond the electrode catalyst layers ([0059] and Figs. 1 and 3, outer edge portions 21 and distance C), with the frame unit having an outer shape larger than an outer shape of the polymer electrolyte membrane (Fig. 1), and the frame unit surrounds the electrode catalyst layers and is in contact with the electrode catalyst layers (Fig. 1), with the outer periphery held inside the frame unit in the thickness direction (Fig. 1).
Yoshida does not disclose a membrane electrode assembly combined roll comprising a wound strip, the strip including a plurality of layered bodies, a plurality of frame units arranged in a single direction, the plurality of frame units each supporting one of the layered bodies, and an attachment member configured to join adjacent ones of the frame units together.
Kiuchi discloses an electrolyte membrane with gaskets 34 that is wound into roll form by winding roller 20 ([0062] and Fig. 9), the electrolyte membrane with gaskets 34 includes a catalyst coated membrane 30 and gaskets 13a and 13b ([0052], [0055], and Figs. 8 and 9), which are laminated together ([0061]). Kiuchi further discloses that the electrolyte membrane with gaskets contains a plurality of gasket openings 131 and catalyst layers 11 ([0035], [0053], and Figs. 1, 3, and 4).
Yoshida and Kiuchi are considered to be analogous to the claimed invention because they are in the same field of membrane electrode assemblies. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the membrane electrode assembly with reinforcing films of Yoshida with the teachings of Kiuchi, and one of ordinary skill in the art would have a reasonable expectation of success in doing so. Doing so would allow for high accuracy in laminating the gasket and electrolyte membrane, preventing misalignment and increasing manufacturing efficiency (Kiuchi [0016] and [0069]).
Modified Yoshida does not disclose an attachment member configured to join adjacent ones of the frame units together.
Nowatari discloses an attachment member composed of interconnectors 18 and 30 that connects adjacent cells in series ([0044] and Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrolyte membrane with gaskets of modified Yoshida with the teachings of Nowatari, and one of ordinary skill in the art would have a reasonable expectation of success in doing so. Doing so would allow for a series connection between multiple adjacent cells, reducing the size of the fuel cell while assuring required power and voltage and protecting shorts between adjacent cells (Nowatari [0010], [0044], and [0053]).
Claims 4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (US 2009/0087713 A1) in view of Kiuchi (US 2014/0030614 A1) and Nowatari (US 2010/0248075 A1) as applied to claim 2 above, and further in view of Pierpont et al. (US 2008/0145712 A1, cited by Applicant in IDS filed May 20, 2025).
Regarding claim 4, modified Yoshida discloses the limitations of claim 2. Modified Yoshida does not disclose a membrane electrode assembly obtained by dividing the combined roll of claim 2 by each of the frame units supporting the layered bodies.
Pierpont discloses a gasketed catalyst coated membrane web 300 that may be cut to form a plurality of individual gasketed catalyst coated membranes 200 ([0057] and Figs. 2 and 3).
Pierpont is considered to be analogous to the claimed invention because it is in the same field of membrane electrode assemblies. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrolyte membrane with gaskets of modified Yoshida with the teachings of Pierpont, and one of ordinary skill in the art would have a reasonable expectation of success in doing so. Doing so would allow for the production of individual membrane electrode assemblies and fuel cells, which can be combined to form fuel cell stacks with specific total voltages and currents (Pierpont [0050]-[0053]).
Regarding claim 7, modified Yoshida discloses the limitations of claim 4. Yoshida further discloses a polymer electrolyte fuel cell comprising ([0081] and Fig. 4, polymer electrolyte fuel cell 1): a membrane electrode assembly of claim 4 ([0081] and Fig. 4, membrane electrode assembly 20); and a pair of separators with the membrane electrode assembly in between ([0081] and Fig. 4, separators 7 sandwich membrane electrode assembly 20).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (US 2009/0087713 A1) in view of Nowatari (US 2010/0248075 A1, hereinafter Nowatari).
Regarding claim 6, Yoshida discloses a membrane electrode assembly ([0061] and Fig. 1, membrane electrode assembly with reinforcing films), comprising: a layered body including a polymer electrolyte membrane and a pair of electrode catalyst layers in contact with the polymer electrolyte membrane with the polymer electrolyte membrane sandwiched therebetween in a thickness direction ([0059] and Fig. 1, membrane-catalyst layer assembly 10 comprising catalyst layers 3 formed on electrolyte membrane 2); a frame unit configured to support the layered body ([0060] and Fig. 1, frame-shaped reinforcing films 4), wherein as viewed in the thickness direction of the polymer electrolyte membrane, the polymer electrolyte membrane has an outer periphery being a part extending beyond the electrode catalyst layers ([0059] and Figs. 1 and 3, outer edge portions 21 and distance C), with the frame unit having an outer shape larger than an outer shape of the polymer electrolyte membrane (Fig. 1), the frame unit surrounds the electrode catalyst layers and is in contact with the electrode catalyst layers (Fig. 1), with the outer periphery held inside the frame unit in the thickness direction (Fig. 1).
The unmodified first embodiment of Yoshida shown in Fig. 1 does not disclose an attachment member at an edge of the frame unit and extending along an outer periphery of the frame unit as viewed in the thickness direction of the polymer electrolyte membrane, the attachment member contains a glue or an adhesive and is joined to the frame unit.
Nowatari discloses an attachment member composed of interconnectors 18 and 30 that are formed at an edge of a substrate 14 and extending along the outer periphery of substrate 14 ([0044] and Fig. 2). Nowatari further discloses that interconnectors 30 penetrate the substrate 14 ([0044]) and are protective layers composed of Nafion ionomer dispersion ([0052]), which is an adhesive ([0059]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the membrane electrode assembly with reinforcing films of Yoshida with the teachings of Nowatari, and one of ordinary skill in the art would have a reasonable expectation of success in doing so. Doing so would allow for a series connection between multiple adjacent cells, reducing the size of the fuel cell while assuring required power and voltage and protecting shorts between adjacent cells (Nowatari [0010], [0044], and [0053]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jackie Liang whose telephone number is (571-)272-0880. The examiner can normally be reached M to F 8:45AM to 4:45PM.
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/J.L./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 17 July 2026
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