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 Status
Claims 1-20 are currently pending.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 4 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation "the strontium getter metal oxide phase" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-3, 5, 6, 11-14, 15, 18 and 19 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Inoue et al. (US 2019/0067723 A1).
As to claim 1. Inoue et al. discloses a solid oxide electrochemical cell (title), comprising:
a solid oxide electrolyte (112);
a fuel-side electrode (116-anode) located on a first side of the solid oxide electrolyte; and an air-side electrode (114-cathode) located on a second side of the solid oxide electrolyte (figure 4), the air-side electrode including a strontium getter material (gadolinium-doped ceria -GDC-[0005] or zirconium [0010]), a current collector layer (220) and a functional layer (210 functional layer or 180 ) located between the current collector layer (220) and the second side of the solid oxide electrolyte (112).
As to claim 2, Inoue et al. discloses the solid oxide electrochemical cell of claim 1, wherein the strontium getter material (GDC or zirconium) is located within the functional layer (210-Figure 6).
As to claim 3, Inoue et al. discloses the solid oxide electrochemical cell of claim 2, wherein the functional layer (210) comprises a strontium containing metal oxide material (LSCF-lanthanum strontium cobalt ferrite-figure 6 [0003]) and the strontium getter material comprises a strontium getter metal oxide phase embedded in the strontium containing metal oxide material (table 1- Zr content and the strontium containing metal oxide [0054]).
As to claim 5. Inoue et al discloses the solid oxide electrochemical cell of claim 3, wherein the strontium getter metal oxide phase comprises ZrO2 phase [0054], and the strontium containing metal oxide material comprises lanthanum strontium cobalt ferrite (LSCF-lanthanum strontium cobalt ferrite-figure 6 [0003]).
As to claim 6, Inoue et al. discloses the solid oxide electrochemical cell of claim 3, wherein the strontium getter material comprises 1-10 wt.% of the functional layer (Table 1 gives examples at 1, 1.8 and 5 wt. %).
As to claim 11, Inoue et al. discloses the solid oxide electrochemical cell of claim 1, wherein the functional layer (210)consists essentially of the strontium getter material (figure 6-Table 1) and the current collector layer comprises lanthanum strontium cobalt ferrite (figure 6).
As to claim 12, Inoue et al. discloses the solid oxide electrochemical cell of claim 1, wherein the solid oxide electrolyte includes zirconia (YSZ), and the strontium getter material traps mobile strontium in the air-side electrode to reduce or prevent SrZrO3 formation at the second surface of the solid oxide electrolyte [0010].
As to claim 13. Inoue et al. discloses the solid oxide electrochemical cell of claim 1, further comprising a doped ceria barrier layer (182) located between the functional layer (210) and the second side of the solid oxide electrolyte (112) Figure 6.
As to claim 14. The solid oxide electrochemical cell of claim 1, wherein the solid oxide electrochemical cell comprises a solid oxide electrolyzer cell or a solid oxide fuel cell [0008]
As to claim 15, Inoue et al. discloses a method of making solid oxide electrochemical cell, comprising:
forming a fuel-side electrode (116- anode) on a first side of the solid oxide electrolyte (112-figure 4); and
forming an air-side (114-cathode) electrode on a second side of the solid oxide electrolyte (figure 4),
the air-side electrode (114) including a strontium getter material (gadolinium-doped ceria -GDC-[0005] or zirconium [0010]), a current collector layer (220) and a functional layer (210 or 180) located between the current collector layer (220) and the second side of the solid oxide electrolyte (figure 6).
As to claim 17, Inoue et al. discloses the method of claim 15, wherein the forming the fuel-side electrode comprises depositing the fuel-side electrode using a wet deposition process [0057] and co-firing the fuel- side electrode with the air-side electrode [0058].
As to claim 18. Inoue et al. discloses the method claim 15, wherein the forming the fuel-side electrode comprises depositing the fuel-side electrode using a wet deposition process and split-firing the fuel-side electrode separate from the air-side electrode[ 0057-0059].
As to claim 19, Inoue et al. discloses the method of claim 15, wherein the strontium getter material (GDC or zirconium) comprises a metal oxide phase that is located within the functional layer (210, figure 6).
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, 9 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue et al. (US 2019/0067723 A1).
As to claims 8, 9 and 20. The solid oxide electrochemical cell of claim 1, wherein the strontium getter material comprises a discrete strontium getter layer (180) and discloses that 0.015-1 weight percent can be added [0010] but does not disclose the getter layer comprising at least 30 volume percent of the strontium getter material.
According to the electrochemical reaction unit cell (1), since the reaction preventing layer contains Zr in an amount of 0.015 (wt. %) or more. Sr diffused from the cathode toward the electrolyte layer can be trapped by Zr distributed in the reaction preventing layer. This can prevent diffusion of Sr into a region in the vicinity of the boundary between the reaction preventing layer and the electrolyte layer, and can prevent the performance of the electrochemical reaction unit cell from becoming impaired, which would otherwise occur due to generation of stratiform SrZrO.sub.3 of high resistance in the region. Since the reaction preventing layer contains Zr in an amount of 1 (wt. %) or less, excessive diffusion of an element (other than Sr) from the cathode can be prevented, thereby preventing a reduction in reliability, which would otherwise occur due to a variation in the composition of the cathode [010]. Thus setting the weight percent as a result effective variable.
While the amount is not represented by volume percent, one of ordinary skill would understand that this can be adjusted to prevent the performance of the unit from being impaired or preventing a reduction in reliability because it has been held by the courts that optimization of a results effective variable is not novel. In re Boesch, 617 F2d 272, 205 USPQ 215 (CCPA 1980).
As to claim 9 Inoue et al. disclose the solid oxide electrochemical cell of claim 8, wherein the discrete , strontium getter layer (180) is located between the solid oxide electrolyte (112) and the current collector layer (220, figure 6).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue et al. (US 2019/0067723 A1) as applied to claim 8 above, and further in view of Jensen et al. (US 2019/0088974 A1).
As to claim 10, Inoue et al. discloses the solid oxide electrochemical cell of claim 8, and teaches gadolinium-doped ceria -GDC-[0005] but does not disclose the discrete strontium getter layer comprises at least one of:
LaxNiyFe1-yO3-s wherein x ranges from 0.9 <x ranges from 0.3 < x < 1.0, and 5 ranges from 0 <5< 0.1;
La2NiOx-wherein 5 ranges from 0 << 0.1; or
LaCoO3-s wherein 5 ranges from 0 << 0.1.
Jensen et al. discloses a solid oxide fuel cell stack and teaches the cathode material can be gadolinium doped ceria or LaNi0.6F0.4O3-d [0038].
However the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue et al. (US 2019/0067723 A1).
As to claim 16, Inoue et al. discloses the method of claim 15, wherein the forming the air-side electrode comprises depositing the strontium getter material, the current collector layer and the functional layer using a wet deposition process and discloses the layer 180 is fired with the electrolyte and the current collector layer is fired with is fired with the cathode layer [0057-0059] but does not disclose co-firing the strontium getter material, the current collector layer and the functional layer.
However, the selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results. See In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946) (see MPEP § 2144.04).
Allowable Subject Matter
Claim 7 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.
The prior art of Inoue et al. discloses the getter material as a separate layer but not part of the current collector as is instantly claimed.
Conclusion
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/Maria Laios/ Primary Examiner, Art Unit 1727
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