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 Group I in the reply filed on December 16, 2025 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)).
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)(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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN115763917. The reference teaches a high temperature proton exchange membrane comprising a polymer of intrinsic microporosity (PIM-1) and a base polymer (abstract). The membrane is doped with phosphoric acid (abstract); therefore the polymer of intrinsic microporosity is doped with phosphoric acid as claimed. The membrane is used in a fuel cell (abstract, also claim 7) which inherently comprises an anode and a cathode as claimed. Thus, claim 1 is anticipated.
Note: This rejection can be overcome by filing a verified translation of the instant priority document that supports the claimed subject matter.
Claim 1 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kwak et al (US 20230369625). The reference is directed to a fuel cell comprising a high temperature polymer electrolyte membrane with an anode on one side and a cathode on the other ([0048], claim 1). The electrolyte membrane comprises a polymer of intrinsic microporosity ([0036], claim 1). The electrolyte membrane (and thus the polymer of intrinsic microporosity) is doped with phosphoric acid ([0038]). Thus, claim 1 is anticipated.
The applied reference has a common inventor and assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
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.
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over CN ‘917.
The reference is applied for the reasons stated above. However, the reference does not expressly teach that the membrane has a thickness of 30-100 microns as recited in claim 4.
However, the invention as a whole would have been obvious to one skilled in the art at the time of filing because the thickness of the electrolyte membrane is a parameter that can be routinely optimized to affect, among other things, internal resistance and structural integrity. It has been held that the discovery of an optimum value of a result effective variable in a known process is ordinarily within the skill of the art. In re Boesch, 205 USPQ 215 (CCPA 1980).
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Kwak et al.
The reference is applied for the reasons stated above. Further, regarding claim 2, the reference teaches that the polymer of intrinsic microporosity may comprise:
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However, the reference does not expressly teach that the membrane has a thickness of 30-100 microns as recited in claims 3 and 4, nor that the above polymer has H2PO4 anions associated with the cations (claim 2).
However, the invention as a whole would have been obvious to one skilled in the art at the time of filing because the thickness of the electrolyte membrane is a parameter that can be routinely optimized to affect, among other things, internal resistance and structural integrity. It has been held that the discovery of an optimum value of a result effective variable in a known process is ordinarily within the skill of the art. In re Boesch, 205 USPQ 215 (CCPA 1980).
With regard to claim 2, the position is taken that the above polymer [Formula 4 in Kwak], in contact with (doped with) phosphoric acid, at least in part, would contain units having the claimed
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structure. The polymer is otherwise the same and it is submitted that the acid would be likely to bind to the positively charged groups, resulting in the claimed structure. Accordingly, claim 2 would be rendered obvious.
Conclusion
The following references are made of record but not relied upon herein: Tang et al (Nature Communications) and Sun et al (ACS Central Science), which are both are directed to electrode binder polymers comprising PIMs that prevent phosphoric acid catalyst poisoning.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jonathan Crepeau whose telephone number is (571) 272-1299. The examiner can normally be reached Monday-Friday from 9:30 AM - 6:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Nicole Buie-Hatcher, can be reached at (571) 270-3879. The phone number for the organization where this application or proceeding is assigned is (571) 272-1700. Documents may be faxed to the central fax server at (571) 273-8300.
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/Jonathan Crepeau/
Primary Examiner, Art Unit 1725
February 5, 2026