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 .
Claim Objections
Claims 4-7 & 17 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.
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(s) 1-3 & 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kazuo et al. CN104659397 in view of Okamoto (US 2014/0377684)
With respect to claim 1, Kazuo et al. discloses an electrolyte sheet for solid oxide fuel cells [Abstract], the electrolyte sheet comprising:
a ceramic plate body including ceramic grains containing sintered zirconia. [0049-0050; 0057-0058]
Kazuo et al. does not disclose wherein the ceramic grains have a number-based cumulative particle size distribution with a difference of 2.5 μm or more between a particle size D90 at a 90% cumulative probability and a particle size D10 at a 10% cumulative probability.
Okamoto discloses a support sheet for solid oxide fuel cells [Abstract] comprising:
a plate body including containing zirconia [0034-0050],
wherein the ceramic grains have a number-based cumulative particle size distribution with a difference of 2.5 μm or more between a particle size D90 at a 90% (5-12µm) cumulative probability and a particle size D10 at a 10% (84-101 µm) cumulative probability. [0051-0056; Abstract]
Therefore it would have obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the electrolyte sheet of Kazuo et al. to include wherein the ceramic grains have a number-based cumulative particle size distribution with a difference of 2.5 μm or more between a particle size D90 at a 90% cumulative probability and a particle size D10 at a 10% cumulative probability, as disclosed in Okamoto, in order to allow for a support of a solid oxide fuel cell that hardly deteriorates conductivity and strength thereof through repetitive exposure to reducing atmosphere/oxidizing atmosphere.
With respect to claim 2, Kazuo et al. discloses wherein the sintered zirconia is sintered yttria-stabilized zirconia. [0030-0034; 0050]
With respect to claim 3, Kazuo et al. discloses wherein the sintered zirconia is sintered cubic zirconia. [Abstract]
With respect to claim 8, Kazuo et al. discloses a unit cell for solid oxide fuel cells, the unit cell comprising: a fuel electrode; an air electrode; and the electrolyte sheet for solid oxide fuel cells according to claim 1 between the fuel electrode and the air electrode. [Abstract; 0046-0047; 0114-0116]
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
Applicant Argues
However, Okamoto does not disclose the criteria for the "10% cumulative particle diameter" and "90% cumulative particle diameter" of the zirconia particles. Specifically, Okamoto neither discloses nor suggests that the "10% cumulative particle diameter" and "90% cumulative particle diameter" of the zirconia particles are number-based.
Okamoto provides criteria for a cumulative particle diameter. See id. at [0053] ("In the present specification, the term 'average particle diameter', for powder of oxide particles and powder of electrode particles contained in the slurry, means a particle diameter at a cumulative value 50% (50% cumulative particle diameter: D50) in a particle size distribution obtained by a laser diffraction scattering method") (emphasis added). In general, a laser diffraction scattering method is typically used to measure a volume-based cumulative particle diameter distribution. Therefore, Okamoto suggests that the "10% cumulative particle diameter" and "90% cumulative particle diameter" of the zirconia particles are volume-based rather than number-based, according to [00531 of Okamoto.
Examiner respectfully disagrees
Even if laser diffraction scattering method is typically used to measure a volume-based cumulative particle diameter distribution and Okamoto uses a laser diffraction scattering method, that does not exclusively mean Okamoto suggests that the "10% cumulative particle diameter" and "90% cumulative particle diameter" of the zirconia particles are volume-based rather than number-based. Laser diffraction can be used to measure or be converted to number-based cumulative particle diameter distribution
Applicant Argues
Kazuo discloses that "[t]he solid oxide type fuel cell monocell of the present invention is characterized by comprising the zirconium oxide sheet as the electrolyte." Kazuo at Abstract (emphasis added) As such, Kazuo discloses an electrolyte sheet for solid oxide fuel cells, that is the zirconium oxide sheet. In contrast, Okamoto discloses that "[t]he present invention provides a fuel electrode doubling as a support of a solid oxide fuel cell." Okamoto at Abstract. As such, Okamoto discloses a fuel electrode doubling as a support for solid oxide fuel cells. Therefore, while Kazuo focuses on the electrolyte sheet for solid oxide fuel cells, Okamoto, unlike Kazuo, focuses on the fuel electrode doubling as a support for solid oxide fuel cell
In other words, there is no motivation to combine Kazuo and Okamoto. Therefore, it would not have obvious to one of ordinary skill in the art as of the effective filing date of the present application to have modified the electrolyte sheet of Kazuo et al. to include wherein the ceramic grains have a number-based cumulative particle size distribution with a difference of 2.5 pm or more between a particle size D90 at a 90% cumulative probability and a particle size D10 at a 10% cumulative probability, as disclosed in Okamoto.
Examiner respectfully disagrees
Given that both Kazuo and Okamoto disclose ceramic sheets containing zirconia in a fuel cell, there is proper motivation to combine Kazuo and Okamoto
Therefore, it would not have obvious to one of ordinary skill in the art as of the effective filing date of the present application to have modified the electrolyte sheet of Kazuo et al. to include wherein the ceramic grains have a number-based cumulative particle size distribution with a difference of 2.5 pm or more between a particle size D90 at a 90% cumulative probability and a particle size D10 at a 10% cumulative probability, as disclosed in Okamoto in order to allow for a zirconia sheet used in a fuel cell that hardly deteriorates conductivity and strength thereof through repetitive exposure to reducing atmosphere/oxidizing atmosphere.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hata et al. US 2012/0231368
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.
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/KIRAN QURAISHI AKHTAR/Primary Examiner, Art Unit 1751
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