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 .
Remarks
Claims 1, 6 and 10 have been amended. Claims 2-5, 7-9 are as previously presented. Claim 10 is withdrawn from consideration. Claims 1-9 are currently examined.
Status of Objections and Rejections
The rejection as set forth within the previous office action has been modified as necessitated by applicants amendments.
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, 2, 4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Kobilka (US 2017/0098828), and further in view of Yanai (WO 2019207811).
As to claim 1, Kobilka discloses a method for producing a functionalized structured composition for a fuel cell (figures 1 and 3, [0006], discussed throughout), comprising: applying at least one electrode containing catalyst particles to a substrate layer in a coating step (figures 1 and 3, [0012], [0013] and discussed throughout); and introducing a depth structure in an electrode surface facing away from the substrate layer in a radiation step by laser interference structurization (figures 1 and 3, [0012]-[0016], discussed throughout), wherein the depth structure comprises a network of channels including a plurality of channels extending in a first direction (figures 1-3, discussed throughout).
Kobilka is silent to wherein the network of intersecting channels includes a plurality of channels extending in a first direction and a plurality of channels extending in a second direction that is perpendicular to the first direction. Yanai discloses a fuel cell with a gas diffusion layer including flow passages (page 2, discussed throughout) wherein network of intersecting channels includes a plurality of channels extending in a first direction and a plurality of channels extending in a second direction that is perpendicular to the first direction (figure 4, and seen throughout the figures). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to change the shapes of the channels as a mere change in shape (see MPEP 2144.04) or to use the channel shape from Yamai within Kobilka as a mere change is shape (see MPEP 2144.04) or combing prior art elements according to known methods to yield predictable results (see MPEP 2143 I).
As to claim 2, modified Kobilka discloses wherein, the laser interference structurization is done with laser pulses lying in the picosecond range or the femtosecond range ([0022], discussed throughout).
As to claim 4, modified Kobilka discloses wherein, the electrode is provided in the form of an ink prior to the coating step (figures 1 and 3, [0012], [0021] and discussed throughout), containing carbon-substrate catalyst particles ([0012], discussed throughout) and at least one ionomer binder ([0021], discussed throughout), and the ink is applied to the substrate layer during the coating step (figures 1 and 3, [0021], discussed throughout).
As to claim 7, modified Kobilka discloses wherein, the substrate layer is formed from a proton-conducting membrane material (figures 1 and 3, [0020], discussed throughout).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over modified Kobilka (US 2017/0098828) as applied to claim 1 above, and further in view of Kim (US 2020/0358108).
As to claim 3, modified Kobilka is silent to wherein, the electrode is provided prior to the coating step on a substrate film, the film-substrate electrode is applied to the substrate layer during the coating step, and after which the substrate film is removed. Kim a method of manufacturing a fuel cell ([0033], [0145]-[0148]) wherein the electrode is coated on a removable film and then transferred to another layer ([0146]-[0148]). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the transfer method from Kim within Kobilka as a mere combing prior art elements according to known methods to yield predictable results (see MPEP 2143 I).
Claim 5 are rejected under 35 U.S.C. 103 as being unpatentable over modified Kobilka (US 2017/0098828) as applied to claim 1 above, and further in view of Riveiro (US 2020/0156934) or Hattendorf (EP 3240014).
As to claim 5, Kobilka is silent to wherein, the electrode is dried in a drying step before the depth structure is introduced into the electrode surface. Rivero discloses using a laser on a wet or dry product to remove material ([0009]-[0015]). Hattendorf discloses using a laser on a wet or dry product to remove material ([0030]). It would have been obvious to use the laser on the dried layer, partially dried layer of wet layer as a mere combing prior art elements according to known methods to known methods to yield predictable results (see MPEP 2143 I), or it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention use the laser step on a dry product, wet product or partially wet product given a finite number of options (see MPEP 2143).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over modified Kobilka (US 2017/0098828) as applied to claim 7 above, and further in view of Moose (US 2017/0256809).
As to claim 8, Kobilka is silent to wherein, the proton-conducting membrane material is a multilayered composition in which a strengthening layer is coated on both sides with an ionomer layer. Moose discloses a fuel cell ([0036], discussed throughout) wherein the membrane layer ([0046], discussed throughout) comprises ionomer layers coated on both sides ([0046], discussed throughout). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the ionomer layers from Moose within Kobilka because the ionomer layers reinforce the membrane layer ([0046]) and as a mere combing prior art elements according to known methods to yield predictable results (see MPEP 2143 I).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over modified Kobilka (US 2017/0098828) as applied to claim 1 above, and further in view of Kakinuma (US 2020/0243872).
As to claim 9, Kobilka is silent to wherein, the substrate layer is formed from a material of a gas diffusion layer. Kakinuma discloses a fuel cell ([0007], discussed throughout) wherein the catalyst slurry is applied to the gas diffusion layer ([0100], discussed throughout). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to apply the slurry to the gas diffusion layer as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143 I).
Response to Arguments
Applicant’s arguments, see Applicants arguments, filed 2/17/2026, with respect to the rejections of claims 1-9 under Kobilka (US 2017/0098828) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of modified Kobilka (US 2017/0098828). Please see new rejections above.
Allowable Subject Matter
Claim 6 is allowed.
The following is an examiner’s statement of reasons for allowance: Kobilka (US 2017/0098828) is the closest prior art of record. However, the applicants arguments in conjunction with the applicants amendments submitted on 2/17/2026 are considered persuasive. Thus, the instant claimed invention is deemed novel and non-obvious contributing to the advancement of the art of a process for producing a functionalized structural composition for a fuel cell.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 1.136(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 1.17(a)) pursuant to 37 CFR 1.136(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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST M-F.
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, Miriam Stagg can be reached at 571-270-5256. 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.
/BRIAN R OHARA/Examiner, Art Unit 1724