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 .
Response to Amendments
This is a final office action in response to applicant's arguments and remarks filed on 06/10/2026.
Status of Rejections
All other previous rejections are maintained.
The rejection of claim 1 has been updated in response to the new amendments. No new art is cited.
New grounds for rejection are presented for the new amendment 31.
Claims 1, 4, 6, 7, 10, 13, 14, 16-19, 21, 22, 30, and 31 are pending and under consideration for this Office Action.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 6, 10, 13, 14, 19, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al (DE 102018105115 A1, Google Patent translation used for citation).
Claim 1: Wang discloses an electrochemical cell (see e.g. abstract) comprising:
a first electrode (see e.g. #52 on Fig 6);
a membrane (see e.g. #50 on Fig 5); and
a plurality of interconnecting layers positioned between the first electrode and the membrane (see e.g. #58 on Fig 6),
wherein the plurality of interconnecting layers comprise a local interconnecting layer positioned adjacent to the membrane (see e.g. #14 on Fig 3 and Fig 6) and a global interconnecting layer positioned adjacent to the first electrode (see e.g. #10 on Fig 3 and Fig 6), wherein the global interconnecting layer provides flow field channels for fluid flow in and out of the electrochemical cell (see e.g. page 29, paragraph starting with “In other words”),
wherein patterned lines or line segments of the global interconnecting layer have diameters or widths as measured along a plane of the global interconnecting layer that is greater than diameters or widths of patterned lines or line segments of the local interconnecting layer as measured along a plane of the local interconnecting layer (see e.g. Fig 3, and page 29, paragraph starting with “In other words”; page 42),
wherein the plurality of interconnecting layers forms vias in a direction from the global interconnecting layer to the local interconnecting layer (pores in fluid communication in each layer, see e.g. Fig 3),
wherein the plurality of interconnecting layers provides a vertical electrical conduction (each layer is made of a conductive metal like nickel, see e.g. page 31, paragraph starting with “The carrier”) along the vias (the metal mesh forming the pores) in a direction extending along an axis running between the first electrode and the membrane (see e.g. Fig 3).
Claim 6: Wang discloses that the local interconnecting layer of the plurality of interconnecting layers comprises a substrate (see e.g. #14 on Fig 3 and Fig 5) that is coated with an oxidation-resistant composition (see e.g. #42 on Fig 5; page 30, paragraph starting with “Furthermore, it is advantageous”).
Claim 10: Wang discloses that the local interconnecting layer of the plurality of interconnecting layers comprises an oxidation-resistant metal (see e.g. page 31, paragraph starting with “The carrier”).
Claim 13: Wang discloses that the patterned lines of the local interconnecting layer extend in a same direction (see e.g. #14 on Fig 3), ), wherein the diameters or the widths of the line segments of the material in the local interconnecting layer is in a range of 10 microns (0.01 mm, see e.g. see e.g. page 42, paragraph starting with “carrier element layer 14”), and wherein the local interconnecting layer comprises openings between adjacent segments of the material in a range of 30 microns as measured along the plane of the local interconnecting layer (0.03 mm, see e.g. see e.g. page 42, paragraph starting with “carrier element layer 14”).
Claim 14: Wang discloses that the local interconnecting layer comprises a mesh or web pattern of material having openings in the local interconnecting layer between connected line segments of the material (see e.g. #14 on Fig 3; page 42, paragraph starting with “carrier element layer 14), wherein the diameters or the widths of the line segments of the material in the local interconnecting layer is in a range of 10 microns (0.01 mm, see e.g. see e.g. page 42, paragraph starting with “carrier element layer 14”), and wherein the local interconnecting layer comprises openings between adjacent segments of the material in a range of 30 microns as measured along the plane of the local interconnecting layer (0.03 mm, see e.g. see e.g. page 42, paragraph starting with “carrier element layer 14”).
Claim 19: Wang discloses that the plurality of interconnecting layers further comprises a mid-level interconnecting layer positioned between the local interconnecting layer and the global interconnecting layer (see e.g. #12 on Fig 3).
Claim 21: Wang discloses that the local interconnecting layer, the mid-level interconnecting layer, and the global interconnecting layer each comprises patterned lines of material (see e.g. Fig 3), wherein the diameters or the widths of the patterned lines of the global interconnecting layer as measured along the plane of the global interconnecting layer are greater than diameters or widths of the patterned lines of the mid-level interconnecting layer as measured along a plane of the mid-level interconnecting layer, and wherein the diameters or the widths of the patterned lines of the mid-level interconnecting layer are greater than the diameters or the widths of the patterned lines of the local interconnecting layer as measured along the plane of the local interconnecting layer (see e.g. page 42).
Claim Rejections - 35 USC § 102/103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 30 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Wang.
Claim 30: The limitations claiming that “the electrochemical cell is configured to operate with 200 mV or less of pure resistive loss when operating at a current density of at least 3 Amps/cm2” describes a property of the cell. The instant specification does not state that this property comes from any unclaimed structure not already claimed in in claim 30 or claim 1. Therefore, Wang would also have this property because Wang discloses all of the positively recited structure of the claim even if it is not explicitly taught. Alternatively, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention that Wang has substantially similar properties as the instant invention, including the above limitations, because Wang discloses all of the positively recited structure of the claim.
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.
Claim(s) 4, 7, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang.
Claim 4: Wang discloses that the local interconnecting layer of the plurality of interconnecting layers comprises an oxidation-resistant metal, and wherein the oxidation-resistant metal can comprise titanium (see e.g. page 31, paragraph starting with “The carrier”). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to select titanium from the list of Wang because KSR rationale E states that it is obvious to choose ‘from a finite number of identified, predictable solutions, with a reasonable expectation of success’ and MPEP § 2144.07 states ‘The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)’.
Claim 7: Wang discloses that the oxidation-resistant composition can be Pt. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to select platinum from the list of Wang because KSR rationale E states that it is obvious to choose ‘from a finite number of identified, predictable solutions, with a reasonable expectation of success’ and MPEP § 2144.07 states ‘The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)’.
Claim 22: Wang discloses that the diameters or the widths of the patterned lines of the mid-level interconnecting layer are in a range of 10 microns to 1 mm as measured along a plane of the mid-level interconnecting layer (see e.g. page 42, paragraph starting with “The dimensions”), and wherein the global interconnecting layer comprises openings between adjacent lines of the material in a range of 50 microns to 12 mm as measured along the plane of the mid- level interconnecting layer (see e.g. page 42, paragraph staring with “The dimensions”), overlapping the claimed range.
Claim(s) 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Yakumaru et al (US 20180187319 A1).
Claim 16: Wang discloses that different mesh structures can be used to change the porosity of the layers (see e.g. page 29, paragraph starting with “In other words”). Wang does not explicitly teach that the patterned lines or the line segments of the local interconnecting layer extend in a first direction, and wherein the patterned lines or the line segments of the global interconnecting layer extend in a second direction different from the first direction. Yakumaru discloses an electrochemical cell comprising a plurality of interconnecting layers (see e.g. abstract and Fig 3), making it analogous art (see MPEP § 2141.01(a)I). The interconnecting layers of Yakumaru have a “different arrangement patterns” to yield an arbitrary gas flow to improve gas diffusivity (see e.g. [0052]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the cell of Wang so that the patterned lines or the line segments of the local interconnecting layer extend in a first direction, and wherein the patterned lines or the line segments of the global interconnecting layer extend in a second direction different from the first direction as taught in Yakumaru to improve gas diffusivity.
Claim 17: Wang in view of Yakumaru teaches that the diameters or the widths of the patterned lines or the line segments of the global interconnecting layer are 1mm as measured along the plane of the global interconnecting layer (see e.g. page 42, paragraph starting with “The dimensions”), and wherein the global interconnecting layer comprises openings between adjacent lines of material in a range of 6 mm as measured along the plane of the local interconnecting layer (see e.g. page 42, paragraph starting with “The dimensions”).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Wang et al (US 20170141415 A1, referred to as Joos herein).
Claim 18: Wang teaches that the global interconnecting layer of the plurality of interconnecting layers comprises a single metallic structure (see e.g. Fig 2)
Wang does not explicitly teach that the global interconnecting layer has a plurality of fins extending in the direction of the axis running between the first electrode and the membrane, and wherein the fins provide the flow field channels for the electrochemical cell. Joos teaches an electrochemical cell having interconnecting layers (see e.g. abstract), making it analogous art (see MPEP § 2141.01(a)I). The layer of Joos comprises a plurality of fins (“ridges”) extending in the direction of the axis running between the first electrode and the membrane, and wherein the fins provide the flow field channels for the electrochemical cell (see e.g. abstract and Fig 3) which yields a flow field with “minimal constraints provided by the gas flow field” that “also help the membrane withstand transmembrane pressure differential reversals or fluctuations” (see e.g. [0008]. Therefore, Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the cell of Wang so that the global interconnecting layer has a plurality of fins extending in the direction of the axis running between the first electrode and the membrane, and wherein the fins provide the flow field channels for the electrochemical cell as taught in Joos because this configuration which yields a flow field with minimal constraints provided by the gas flow field that also help the membrane withstand transmembrane pressure differential reversals or fluctuations.
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Yakumaru et al (US 20170362718 A1).
Claim 31: Wang teaches that the plurality of interconnecting layers is joined together to provide the vertical electrical conduction along the vias.
However, Wang does not specify how the layers are joined together and thus a person having ordinary skill in the art before the effective filing date of the instant invention before the effective filing date of the instant invention would be motivated to find a suitable means of joining the layer.
Yakumaru discloses an electrochemical cell, making it analogous art (see MPEP 2141.01(a) I). The cell of Yakumaru comprises a plurality of interconnecting layers (see e.g. #100 on Fig 1A) bonded together through diffusion bonding (sintering, see e.g. [0077]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the cell of Wang so that the interconnecting layers are joined together via diffusion bonding as taught in Yakumaru because this is a suitable means for joining these layers together in the art and would have a reasonable expectation of success with predictable results.
Response to Arguments
Applicant's arguments filed 06/10/2026 have been fully considered but they are not persuasive.
On page(s) 10-11, the Applicant argues that Wang does not disclose a plurality of interconnecting layers that forms vias in a direction from the global layer to the local layer and “there is no discussion or suggestion regarding the arrangement of layers providing or forming vias”. This is not considered persuasive. The drawings of Wang show these vias, as discussed above in the rejection of claim 1.
On page(s) 11, the Applicant argues that Wang does not disclose vertical electrical conduction because “there is no discussion…regarding the specific arrangement of the layers to provide for any vertical electrical conduction”. This is not considered persuasive. Wang discloses that the interconnecting layers are formed of conductive metals like nickel. This would generate vertical electrical conduction along the meshes that form the vias.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER W KEELING whose telephone number is (571)272-9961. The examiner can normally be reached 7:30 AM - 4:00 PM. 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, Luan Van can be reached at 571-272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER W KEELING/Primary Examiner, Art Unit 1795
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