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 without traverse of Group I and Species I in the reply filed on 04/30/2026 is acknowledged.
Claims 3 and 5 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention or species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/30/2026.
Status of the Claims
The claims submitted 06/14/2023 have been entered and fully considered. Claims 1-5 are pending. Claims 3 and 5 are withdrawn. Claims 1-2 and 4 are examined herein.
Drawings
Figure 7 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2 and 4 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the instant claim appears to be directed toward the embodiment shown in Fig. 1. However, the specification does not provide support for the claimed combination of features. Claim 1 requires that “the diffusion-preventing coating is formed of a material that reacts with a material composing the gas-sealing material; and there are portions where the separators are in direct contact with the gas-sealing materials.” In the background section, in regard to Fig. 7, the specification as filed states:
[0026] As described above, the respective surfaces of the plurality of separators 21, 22, 23, and 24 are coated with the diffusion-preventing coatings 211, 221, 231, and 241. The diffusion-preventing coatings 211, 221, 231, and 241 include portions in contact with the gas-sealing materials 31, 32, and 33, as illustrated in Fig. 7.
[0027] Reactions may occur between a material composing the diffusion-preventing coatings 211, 221, 231, and 241 and a material composing the gas-sealing materials 31, 32, and 33. For example, reactions may occur in the case of the following materials.
‧ Material composing the diffusion-preventing coatings 211, 221, 231, and 241: Oxide containing at least one element of Co and Mn.
‧ Material composing the gas-sealing materials 31, 32, and 33: Glass sealing material containing at least one element of B, Ba, and Si.
[0028] When a reaction occurs between the material composing the diffusion-preventing coatings 211, 221, 231, and 241 and the material composing the gas-sealing materials 31, 32, and 33, numerous bubbles may occur. As a result, the gas-sealing materials 31, 32, and 33 may deteriorate, making it difficult to ensure sufficient sealing performance. In addition, the diffusion-preventing coatings 211, 221, 231, and 241 may deteriorate, making it difficult to sufficiently prevent diffusion of metal elements (such as Cr) in the metal material composing the separators 21, 22, 23, and 24.
In the description of the embodiment shown in Fig. 1, the specification states (emphasis added):
[0037] The gas-sealing material 33a is formed of a material that does not react with the material composing the diffusion-preventing coatings 231, 241 different from the case of the related art. For example, the gas-sealing material 33a is formed of the following materials.
Material composing the gas-sealing material 33a: Mica
[0038] As described above, in this embodiment, the separators 21, 22, and 23 include the portions in direct contact with the gas-sealing materials 31, 32 without the interposing diffusion-preventing coatings 211, 221, and 231. Therefore, in this embodiment, bubbles are not generated because no reaction occurs between the material composing the diffusion-preventing coatings 211, 221, and 231 and the material composing the gas-sealing materials 31, 32. As a result, in this embodiment, the sealing performance is sufficiently ensured without deteriorating the gas-sealing materials 31, 32, and the diffusion of metal elements (such as Cr) in the metal material composing the separators 21, 22, 23, and 24 can be sufficiently prevented without deteriorating the diffusion-preventing coatings 211, 221, and 231.
[0039] The diffusion-preventing coatings 211, 221, and 231 contain at least one of oxides of Co, Mn, Cu, Ni, and Fe. This allows a high Cr diffusion control effect to be achieved.
The following table summarizes the distinctions between Figs. 7 and 1 and claim 1:
Direct contact of separators and gas-sealing materials?
Reaction between diffusion-preventing coating and gas-sealing material?
Diffusion-preventing coating composition
Gas-sealing material composition
Fig. 7
No
Yes
Oxide containing at least one element of Co and Mn
At least one element of B, Ba, and Si
Fig. 1
Yes
No
At least one of oxides of Co, Mn, Cu, Ni, and Fe
Mica
Claim 1
Yes
Yes
No composition
No composition
The specification explicitly states that the gas-sealing material is formed of a material that does not react with the material composing the diffusion-preventing coatings and draws this as a distinction between the inventive embodiment and the prior art. Therefore, the claimed combination of features was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed had possession of the claimed invention. Claims 2 and 4 depend from claim 1 and do not resolve the issue; therefore, claims 2 and 4 are rejected for the same reason.
Claims 1-2 and 4 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for some compositions of the diffusion-preventing coating and gas-sealing material (see paragraphs [0037] and [0039] of the specification as filed), does not reasonably provide enablement for any compositions of the diffusion-preventing coating and gas-sealing material. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make the invention commensurate in scope with these claims.
Claim 1 is silent to any composition of the diffusion-preventing coating and the gas-sealing material. Claim 4 recites a composition of the diffusion-preventing coating, but does not recite a composition of gas-sealing material. The invention is directed to a reaction (or lack thereof, see written description rejection above) between two components. The prior art discloses various barrier layers between glass seals and metallic interconnects/separators. See US 2019/0214657 A1, US 2019/0305332 A1, US 2018/0323446 A1, and US 2013/0230644 A1. US 2013/0230644 A1 also discloses an area of direct contact between the glass seal and metallic interconnect ([0072]). The level of one of ordinary skill is high. The art is predictable. The inventor provides one example of the gas-sealing material and several examples of the diffusion-preventing coating. However, given the near limitless combinations of potential gas-sealing materials and diffusion-preventing coatings, it would require an undue experimentation to make the invention commensurate in scope with these claims. Claims 2 and 4 depend from claim 1 and do not resolve the issue; therefore, claims 2 and 4 are rejected for the same reason.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2013/0230644 A1 (“Armstrong”) discloses a solid oxide fuel cell comprising chromium iron interconnects 100 having a coating on a surface thereof to limit chromium diffusivity (Abstract; [0034]) and a seal 15 such as a glass seal (Fig. 7B; [0067]). Armstrong discloses portions of the glass seals are in direct contact with the metallic interconnect ([0072]). Armstrong does not disclose the diffusion-preventing coating is formed of a material that reacts with a material composing the gas-sealing material.
JP H07-45291 A (“Nakanishi”) discloses a solid oxide fuel cell comprising heat resistant alloy separators 5, 6 containing at least Cr, an oxidized layer 8 formed of a mixture of perovskite oxide, and a sealing material directly contacting portions of the separators (Abstract; Fig. 1).
US 2019/0214657 A1 (“Striker”) discloses a solid oxide fuel cell comprising a metallic interconnect 110, a barrier layer 160, and a glass layer 120 (Fig. 1), wherein the barrier layer disposed between the metallic layer and the glass layer, and is provided for preventing or reducing a chemical reaction between a metallic layer and a glass layer (Abstract).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Scott Carrico whose telephone number is (571)270-5504. The examiner can normally be reached Monday-Friday 9:15AM-6PM ET.
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Robert Scott Carrico
Primary Examiner
Art Unit 1727
/Robert S Carrico/Primary Examiner, Art Unit 1727
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