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
Claim 14 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/5/2025.
Applicant’s election without traverse of Group I (claims 1-13 and 15-20) in the reply filed on 12/5/2025 is acknowledged.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8, 13, 16 and 18 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Lee (US 2017/0256810).
As to claim 1, Lee discloses a method for producing membrane-electrode assemblies (6) for a fuel cell unit (1) (figures 1-6, discussed throughout)as a fuel cell stack (1) ([0008], [0011], [0012], discussed throughout), comprising the following steps: providing in each case one proton exchange membrane (5) (figures 1-6 #100, [0045], discussed throughout), providing in each case one first subgasket (53) as a sealing layer (41) (figures 1-5 #125, [0045], discussed throughout), providing in each case one second subgasket (54) as a sealing layer (41) (figures 1-6 #127, [0045], discussed throughout), arranging the in each case one proton exchange membrane (5) between the in each case first and in each case second subgasket (53, 54) (figures 1-6 #100, #125 and #127, best seen in figures 1 and 5, discussed throughout), connecting the in each case one proton exchange membrane (5) to the in each case first and/or in each case second subgasket (53, 54) (figures 1-6 #100, #125 and #127, best seen in figures 1 and 5, discussed throughout), such that in each case one layered inner region (38) of the in each case one proton exchange membrane (5) is enclosed by the in each case one first and second subgasket (53, 54) as sealing layers (41) (figures 1-6, the best seen in figures 5, discussed throughout), wherein the proton exchange membranes (5) (figures 1-6 #100, [0045], discussed throughout), the first subgaskets (53) (figures 1-6 #125, [0045], discussed throughout), and the second subgaskets (54) (figures 1-6 #127, [0045], discussed throughout) are provided in that they are removed as a proton exchange membrane strip (65) (figures 1-6, #100 comes from #111, #125 comes from #126, #127 comes from #129, discussed throughout), a first subgasket strip (63), and a second subgasket strip (64) from storage devices (58, 59, 60) and the arrangement of the proton exchange membranes (5) between the first and second subgaskets (53, 54) and the connection of the proton exchange membranes (5) to the first and/or second subgaskets (53, 54) are configured in a state of the first subgaskets (53) as first subgasket strip (63) and of the second subgasket (54) as second subgasket strip (64), such that, during the arrangement and connection, the first subgaskets (53) are arranged connected to one another on the first subgasket strip (63) and the second subgaskets (54) are arranged connected to one another on the second subgasket strip (64) (figures 1-6, #100 comes from #111, #125 comes from #126, #127 comes from #129, as #125 and #126 are above #111 and #110 and #127 and #129 are below #111 and #100 they are in between also figure 5 shows the connection between #125 and #127, discussed throughout, thus reading on the instant claimed limitation).
As to claim 2, Lee discloses wherein, the first subgaskets (53) are removed from a first storage device (58) as first subgasket strip (63), the second subgaskets (54) are removed from a second storage device (59) as second subgasket strip (64), and the proton exchange membranes (5) are removed from a third storage device (60) as proton exchange membrane strip (65) (figures 1-6, #100 comes from #111, #125 comes from #126, #127 comes from #129, discussed throughout).
As to claim 3, Lee discloses wherein, the removal of the proton exchange membranes (5), the first subgaskets (53), and the second subgaskets (54) from the storage devices (58, 59, 60), the arrangement of the proton exchange membranes (5) between the first and second subgaskets (53, 54), and the connection of the proton exchange membranes (5) to the second subgaskets (53, 54) is carried out in a continuous process (figures 1-6, [0032], discussed throughout).
As to claim 4, Lee discloses wherein, the removal of the proton exchange membranes (5), the first subgaskets (53), and the second subgaskets (54) from the storage devices (58, 59, 60), the arrangement of the proton exchange membranes (5) between the first and second subgaskets (53, 54), and the connection of the proton exchange membranes (5) to the second subgaskets (53, 54) is carried out simultaneously (figures 1-6, [0032], the process is an continuous process thus they are happening simultaneously).
As to claim 5, Lee discloses wherein, after the removal of the first subgaskets (53) from the first storage device (58), fluid openings (42) for process fluids are worked into the first subgaskets (53) as first subgasket strip (63), and, after the removal of the second subgasket (54) from the second storage device (59) fluid openings (42) for process fluids are worked into the second subgaskets (54) as second subgasket strip (64) (figures 1-6, best seen in figure 5, the opening in the middle is the fluid openings, discussed throughout).
As to claim 6, Lee discloses wherein, the fluid openings (42) are worked into the first and second subgaskets (53, 54) as first and second subgasket strips (63, 64) before or after the arrangement of the proton exchange membranes (5) between the first and second subgaskets (53, 54) is carried out (figures 1-6, discussed throughout, as there are no removal step, thus they are there before).
As to claim 7, Lee discloses wherein, after incorporation of the fluid openings (42) into the first and second subgaskets (53, 54), the first and second subgaskets (53, 54) are arranged as first and second subgasket strip (63, 64) on top of one another so as to align respective fluid openings (42) of the first and second subgaskets (53, 54) (figures 1-6, best seen in figure 5, discussed throughout).
As to claim 8, Lee discloses wherein, after the removal of the first subgaskets (53) from the first storage device (58), one perforation per respective opening (55) for the proton exchange membrane (5) is worked into the first subgaskets (53) as first subgasket strip (63) in a respective strip region (51), and after the removal of the second subgaskets (54) from the second storage device (59), one perforation per respective opening (55) for the proton exchange membrane (5) is worked into the second subgaskets (54) as second subgasket strip (64) in a respective strip region (51) (figures 1-6, discussed throughout NOTE worked into is BRI thus coming off of the roll can be considered working into, discussed throughout).
As to claim 13, Lee discloses wherein, after the arrangement of the proton exchange membranes (5) between the first and second subgaskets (53, 54) as first and second subgasket strip (63, 64) and the connection of the proton exchange membranes (5) to the first and/or second subgaskets (53, 54) as first and second subgasket strip (63, 64), the first and second subgasket strip (6) are separated, so that individually separate membrane-electrode assemblies (63, 64) are produced (figures 1-6, discussed throughout).
As to claim 16, Lee discloses wherein, the first subgaskets (53) are unwound from a first roll (58) as first subgasket strip (63), the second subgaskets (54) are unwound from a second roll (59) as second subgasket strip (64), and the proton exchange membranes (5) are unwound from a third roll (60) as proton exchange membrane strip (65) (figures 1-6, #100 comes from #111, #125 comes from #126, #127 comes from #129, discussed throughout).
As to claim 18, Lee discloses wherein, the fluid openings (42) are worked into the first and second subgaskets (53, 54) as first and second subgasket strips (63, 64) before the connection of the proton exchange membranes (5) to the first and/or second subgaskets (53, 54) is carried out (figures 1-6, discussed throughout, as there are no removal step, thus they are there before).
Claims 1 is rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Mittelstadt (US 2005/0095490).
As to claim 1, Mittelstadt discloses a method for producing membrane-electrode assemblies (6) for a fuel cell unit (1) as a fuel cell stack (1) (figure 4, [0047], [0038], discussed throughout), comprising the following steps: providing in each case one proton exchange membrane (5) (figure 4 #158, [0048], discussed throughout), providing in each case one first subgasket (53) as a sealing layer (41) (figure 4 #154, [0049], discussed throughout), providing in each case one second subgasket (54) as a sealing layer (41) (figure 4 #166, [0051], discussed throughout), arranging the in each case one proton exchange membrane (5) between the in each case first and in each case second subgasket (53, 54) (figure 4, discussed throughout), connecting the in each case one proton exchange membrane (5) to the in each case first and/or in each case second subgasket (53, 54), such that in each case one layered inner region (38) of the in each case one proton exchange membrane (5) is enclosed by the in each case one first and second subgasket (53, 54) as sealing layers (41) (figure 4, discussed throughout), wherein the proton exchange membranes (5), the first subgaskets (53), and the second subgaskets (54) are provided in that they are removed as a proton exchange membrane strip (65) (figures 3-5, the cited components can be defined as a strip), a first subgasket strip (63), and a second subgasket strip (64) from storage devices (58, 59, 60) and the arrangement of the proton exchange membranes (5) between the first and second subgaskets (53, 54) and the connection of the proton exchange membranes (5) to the first and/or second subgaskets (53, 54) are configured in a state of the first subgaskets (53) as first subgasket strip (63) and of the second subgasket (54) as second subgasket strip (64), such that, during the arrangement and connection, the first subgaskets (53) are arranged connected to one another on the first subgasket strip (63) and the second subgaskets (54) are arranged connected to one another on the second subgasket strip (64) (figures 4 and 5 #158, 154, 166, discussed throughout).
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.
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Mittelstadt (US 2005/0095490) as applied to claim 1 above.
As to claim 10, Mittelstadt discloses wherein, before the arrangement of the proton exchange membranes (5) between the first and second subgaskets (53, 54) as first and second subgasket strip (63, 64) (figures 4 #166 and #154, discussed throughout), and a respective section (5) is cut off from the proton exchange membrane strip (60) as the respective proton exchange membrane (5) for the respective membrane-electrode assembly (6), and subsequently the arrangement of the respective proton exchange membrane (5) as the respectively cut-off section (5) between the first and second subgasket strip (63, 64) is carried out (figure 4, discussed throughout). Mittelstadt is silent to wherein the proton exchange membrane (5) is cut off from the proton exchange membrane strip (65) for a respective membrane-electrode assembly (6). This is because while the MEA #158 can be considered a strip, Mittelstadt does not discloses a cutting step. 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 have a MEA roll and cut off the MEA portions a mere combing prior art elements according to known methods to obtain predictable results as Mittelstadt does this with the gaskets or as a mere given a finite number of options as the MEA would come from a stack which where individual made or a longer strip (see MPEP 2143 I).
As to claim 11, Mittelstadt discloses wherein, at sub-regions of the first and second subgasket strip (63, 64) in a longitudinal direction (49) between the proton exchange membranes (5), no proton exchange membrane (5) is arranged (figures 4, discussed throughout).
As to claim 12, Mittelstadt discloses wherein, the separated sections (5) as the proton exchange membranes (5) are fixed on the first or second subgasket strip (63, 64) before being arranged between the first and second subgaskets (53, 54) as first and second subgasket strip (63, 64) (figures 4, discussed throughout).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Mittelstadt (US 2005/0095490) as applied to claim 12 above.
As to claim 20, Mittelstadt is wherein, the separated sections (5) as the proton exchange membranes (5) are fixed on the first or second subgasket strip (63, 64) with a laminating roller (74) (figures 1-6 #130 or #140, discussed throughout). Lee discloses a method of manufacturing a fuel cell ([0016]) wherein the separated sections (5) as the proton exchange membranes (5) are fixed on the first or second subgasket strip (63, 64) with a laminating roller (74) (figures 1-6 #130 or #140, 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 rollers from Lee within Mittelstadt as a mere combing prior art elements according to known methods to obtain predictable results.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2017/0256810) as applied to claim 1 above, and further in view of Debe (US 2008/0142152).
As to claim 15, Lee discloses wherein, providing components (5, 6, 7, 8, 9, 10) of the fuel cells (2), including membrane-electrode assemblies (6) (figures 1-6, #100 and #105, make the MEA), wherein the membrane-electrode assemblies (6) comprise a respective layered inner region (38) with a proton exchange membrane (5), an anode (7), and a cathode (8) (figures 1-6 #105 is the proton exchange member and #100 are the anode and the cathode, discussed throughout) and two respective sealing layers (41) as first and second subgaskets (53, 54) (figures 1-6 #125 and #127, discussed throughout), and the proton exchange membrane (5) is arranged between the anode (7) and cathode (8) (figures 1-6 #105 is between #100s, discussed throughout), and the sealing layers (41) enclosing the inner region (38) are configured as first and second subgaskets (53, 54). stacking the components (5, 6, 7, 8, 9, 10) of the fuel cells (2) so that fuel cells (2) and a fuel cell unit (1) are formed (figures 1-6, discussed throughout), wherein the membrane-electrode assemblies (6) are provided by carrying out a method according to claim 1 (see claim 1 above). Lee is silent to the gas diffusion layer and the bipolar plates. Debe discloses a fuel cell fabrication process ([0005], discussed throughout) wherein gas diffusion layers are placed on the MEA (figure 6 #605 and #625, discussed throughout) and the bipolar plates are placed on the gas diffusion layers (figure 6 #661 and #660). 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 fuel cell components from Debe within Lee as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143 I).
Allowable Subject Matter
Claims 9, 17 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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