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 .
The pending claims are claims 1-11.
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)(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.
Claim(s) 1-5, 7, 9, 11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ko et al., US 2005/0147866.
Regarding claim 1, Ko et al., teaches a seal material (abstract) for an electrochemical reaction cell (abstract) for separating fuel gas and oxidizing gas in the electrochemical reaction cell (0048), comprising: a plurality of ceramic particles (ceramic fibrous particles; 0035-0038); and a hardener for hardening the plurality of ceramic particles (0020; 0024), wherein the seal material has an apparent porosity (0020; 0024; 0026) of 10 to 25% (0037) (Table 4: porosity 4-23%).
Regarding claim 2, Ko et al., teaches seal material for an electrochemical reaction cell (abstract) according to the seal material for an electrochemical reaction cell according to wherein the plurality of ceramic particles includes different particle sizes (0048).
Regarding claim 3, Ko et al., teaches wherein the plurality of ceramic particles includes different types (0026; 0035-0038).
Regarding claim 4, Ko et al., teaches wherein the plurality of ceramic particles includes at least one of A1203 (0028; 0035), ZrO2 (028; 0039) or MgO (0019-0020; 0024; 0028).
Regarding claim 5, Ko et al., teaches wherein the hardener (0020; 0024) includes at least one of a Si-Ca-Al-O-based cement hardener (0020).
Regarding claim 7, Ko et al., teaches wherein the plurality of ceramic particles further includes ZrSiO2 (0011).
Regarding claim 9, Ko et al., teaches method of producing a seal material for an electrochemical reaction cell (abstract) for separating fuel gas and oxidizing gas in the electrochemical reaction cell (separator; 0043; 0048), comprising a step of hardening a plurality of ceramic particles with a hardener (0020; 0024) so as to have an apparent porosity of 10 to 25% (0037) (Table 4: porosity 4-23%).
Regarding claim 11, Ko et al., teaches method of producing a seal material (abstract) for an electrochemical reaction cell (abstract) according to the method of producing a seal material (abstract) for an electrochemical reaction cell according to wherein the hardener is a cement-based hardener (0020; 0023).
Thus, the claims are anticipated.
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.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ko et al., US 2005/0147866, in view of Tsukuda et al., US 6562505.
Regarding claim 8, Ko et al., Ko does not teach a current collector member for collecting power generated by the at least one electrochemical reaction cell stack; and a seal material for an electrochemical reaction cell according to claim 1, wherein the seal material for an electrochemical reaction cell is disposed between a fuel gas passage and an oxidizing gas passage of the at least one electrochemical reaction cell stack.
Tsukuda et al., teaches a current collector member for collecting power generated by the at least one electrochemical reaction cell stack (col. 2, lines 57-67); and a seal material for an electrochemical reaction cell according to claim 1 (abstract), wherein the seal material for an electrochemical reaction cell is disposed between a fuel gas passage and an oxidizing gas passage of the at least one electrochemical reaction cell stack (col. 2, lines 57-67).
Thus, it would have been obvious to one having ordinary skill in the art to insert the teachings of Tsukuda et al., into the teachings of Ko et al., because Tsukuda teaches “Whereas the air (oxygen) 021 contacts the air electrode 032c. At this time, the unit cell film 032 reacts the hydrogen and the air (oxygen) electrochemically to generate power. This power is transmitted to the outside via the current collecting member 013, current collecting rod 012, current collecting member 013, and conductive rod 014. A residual fuel gas 022 remaining after power generation flows into the fuel discharge chamber 06 from the upper end of the cell tube 010, and is discharged to the outside via the internal pipe 08 for reuse.” (col. 2, lines 56-61).
Claim(s) 6 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ko et al., US 2005/0147866, in view of Blackburn et al., US 2021/0143448.
Regarding claim 6, Ko et al., teaches wherein the plurality of ceramic particles includes MgO (0019-0020; 0024; 0028).
Ko does not teach the hardener includes a phosphoric acid-based hardener.
Blackburn teaches a phosphoric acid-based hardener (phosphoric acid; 0161) (cements; 0141; 0143).
Thus, it would have been obvious to one having ordinary skill in the art to insert the teachings of Blackburn into the teachings of Ko because Blackburn teaches that “Such seals 320 may be advantageous for the sealing of metallic materials to ceramic materials and/or for the sealing together of two different metallic or ceramic materials.” (0139).
Regarding claim 10, Ko et al., teaches the method of producing a seal material (0010-0012) with the plurality of ceramic particles including MgO (0019-0020; 0024; 0028).
Ko does not teach for an electrochemical reaction cell according to wherein magnesium phosphate is synthesized as the hardener by mixing phosphoric acid.
Blackburn teaches an electrochemical reaction cell according to wherein magnesium phosphate is synthesized as the hardener by mixing phosphoric acid (0161).
Thus, it would have been obvious to one having ordinary skill in the art to insert the teachings of Blackburn into the teachings of Ko because Blackburn teaches that “Such seals 320 may be advantageous for the sealing of metallic materials to ceramic materials and/or for the sealing together of two different metallic or ceramic materials.” (0139).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA J MARTIN whose telephone number is (571)272-1288. The examiner can normally be reached 7am-4pm.
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, Barbara Gilliam can be reached at 571-272-1330. 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.
ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727