ELECTROCHEMICAL CELL, CURRENT COLLECTOR, AND CELL STACK
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/18/2024, 2/14/2025, 4/4/2025, 1/5/2026, and 2/25/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 3 is objected to because of the following informalities: please amend “liner” to linear. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: please to “…according to claim 1, wherein the gas-flow suppression part…”. Appropriate correction is required.
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.
Claims 2 and 12 are 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 2 recites the limitation "the electromechanical cell". There is insufficient antecedent basis for this limitation in the claim.
Claim 12 discloses a linear expansion coefficient of the gas-flow suppression part is larger than that of the frame body. However, the specification does not indicate what materials make up the frame body. There it is impossible for one of ordinary skill in the art to make a comparison between materials of either part.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-3, 6, 7, 9, 10, and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Szabo et al. (US 2010/0086828 A1).
Regarding claims 1 and 17, Szabo et al. teach an electrochemical cell having a plurality of stacked electrochemical cells (Paragraphs 0083-0084; Fig. 3, element 34 disclose a fuel cell module. Further, paragraph 0021 discloses fuel cell stacks consisting of a plurality of fuel cells.) comprising:
an electrode layered body (Paragraph 0087; Fig. 3, element 52 discloses an anode-electrolyte-cathode unit.) including an electrolyte having a first surface and a second surface positioned opposite to the first surface (Fig. 3, element 54 discloses an electrolyte.), a cathode in contact with the first surface (Fig. 3, element 56 discloses a cathode.), and an anode in contact with the second surface (Fig. 3, element 46 discloses an anode opposite the cathode, element 56, via the electrolyte, element 52.); and
a gas-flow suppression part that is positioned at least partially adjacent to a side surface of the electrode layered body (Paragraph 0095; Fig. 3 discloses a solder layer, element 62, arranged on a frame unit, element 12. It abuts, in addition, on end sides, elements 64 and 66, of the anode, element 46, and the electrolyte, element 54.), and is formed from a material different from those of the electrolyte, the cathode, and the anode (Paragraph 0095 discloses a solder layer which is usually an alloy of Pb, i.e. Pb-Sn. Paragraph 0006 cites DE 19841919 which uses an Ag-Cu solder. Paragraph 0087 discloses the anode is produced from an oxide-ceramic material, such as zirconium oxide stabilized by yttrium and nickel as catalyst. Paragraph 0088 discloses the electrolyte is produced from a ceramic material such as ytrrium-stabilized zirconia. Paragraph 0089 discloses the cathode is produced from an oxide ceramic material such as lanthanum strontium manganate. These materials are different from the solder material.).
Regarding claim 2, Szabo et al. teach the electrochemical cell according to claim 1, wherein the gas-flow suppression part is integrated with the electrode layered body (Fig. 3 clearly shows the solder layer, element 62, integrated with the anode-electrolyte-cathode unit, element 52.).
Regarding claim 3, Szabo et al. teach the electrochemical cell according to claim 1, wherein the gas-flow suppression part is formed from a material having a liner expansion coefficient larger than those of the electrolyte, the cathode, and the anode (Paragraph 0095 discloses a solder layer which is usually an alloy of Pb, i.e. Pb-Sn. Paragraph 0006 cites DE 19841919 which uses an Ag-Cu solder. Paragraph 0087 discloses the anode is produced from an oxide-ceramic material, such as zirconium oxide stabilized by yttrium and nickel as catalyst. Paragraph 0088 discloses the electrolyte is produced from a ceramic material such as ytrrium-stabilized zirconia. Paragraph 0089 discloses the cathode is produced from an oxide ceramic material such as lanthanum strontium manganate. These materials are different from the solder material. Further, metal alloys or soldering material will inherently have a larger linear expansion coefficient than ceramic materials as ceramic materials are naturally more rigid.).
Regarding claim 6, Szabo et al. teach the electrochemical cell according to claim 1, wherein the gas-flow suppression part is formed to have a wall shape extending in a direction surrounding the side surface of the electrode layered body (Paragraph 0095; Fig. 3 discloses a solder layer, element 62, arranged on a frame unit, element 12. It abuts, in addition, on end sides, elements 64 and 66, of the anode, element 46, and the electrolyte, element 54.).
Regarding claims 7 and 9, Szabo et al. teach the electrochemical cell according to claim 1, comprising a sheet-shaped member in contact with the cathode or the anode, in a direction in which the electrolyte, the cathode, and the anode are stacked (Fig. 3 shows a carrier device, element 10, in contact with the anode, element 46, in a stacking direction.), wherein the sheet-shaped member and the gas-flow suppression part are integrated (Fig. 3); and wherein the sheet-shaped member is electrically conductive, and functions as a current collector (Paragraph 0078 discloses the carrier device is a sintered plate produced from an electrically conductive material which can be used as a bipolar plate for anode and cathode.).
Regarding claim 10, Szabo et al. teach the electrochemical cell according to claim 1, comprising:
a separator including a base part overlapped with the electrode layered body in a direction in which the electrolyte, the cathode, and the anode are stacked (Fig. 3; paragraphs 0094-0099 disclose a cassette-shaped separator, element 34, the anode-electrolyte-cathode unit, element 52 in a stacking direction.); and
a frame body surrounding the side surface of the electrode layered body (Fig. 3 discloses a housing frame, elements 36, 60, and 40 surrounding element 52.)
wherein a gap is formed between the side surface of the electrode layered body and the frame body, and wherein the gas-flow suppression part is positioned in the gap in such a manner that the gas-flow suppression part is at least partially adjacent to the side surface of the electrode layered body and is apart from the frame body (Fig. 3 shows the solder seal, element 62, is formed within a gap between the anode-electrolyte-cathode unit, element 52, and frame body, elements 40, 60.).
Regarding claim 14, Szabo et al. teach the electrochemical cell according to claim 10, wherein the frame body is a part of the separator, and is integrated with an outer circumferential portion of the base part. (Fig. 3 discloses a housing frame, elements 36, 60, and 40 surrounding element 52. Further, elements 40 and 60 form an outer circumferential portion.)
Regarding claim 15, Szabo et al. teach the electrochemical cell according to claim 1, wherein the electrolyte is a solid electrolyte (Paragraph 0088 discloses the electrolyte is a ceramic material which is inherently in solid form.).
Regarding claim 16, Szabo et al. teach a current collector positioned in contact with a cathode or an anode of an electrode layered body of an electrochemical cell in a direction in which an electrolyte, the cathode and the anode of the electrode layered body are stacked (Fig. 3 shows a carrier device, element 10, in contact with the anode, element 46, in a stacking direction. Paragraph 0078 discloses the carrier device is a sintered plate produced from an electrically conductive material which can be used as a bipolar plate for anode and cathode.),
wherein the current collector comprises a gas-flow suppression part positioned at least partially adjacent to a side surface of the electrode layered body (Paragraph 0095; Fig. 3 discloses a solder layer, element 62, arranged on a frame unit, element 12. It abuts, in addition, on end sides, elements 64 and 66, of the anode, element 46, and the electrolyte, element 54.).
Claims 1, 3, 4, 7-9, and 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brandner et al. (US 9,680,163 B2).
Regarding claims 1 and 17, Brandner et al. teach an electrochemical cell having a plurality of stacked electrochemical cells (Abstract; Fig. 1, element 1 disclose a fuel cell module. Further, Fig. 1 discloses fuel cell stacks consisting of a plurality of fuel cells (two).) comprising:
an electrode layered body (Col. 4, lines 31-36; Fig. 3 disclose an anode, element 7, an electrolyte, element 8, and a cathode, element 9) including an electrolyte having a first surface and a second surface positioned opposite to the first surface (Fig. 3, element 8 discloses an electrolyte having two opposing surfaces.), a cathode in contact with the first surface (Fig. 3, element 9 discloses a cathode.), and an anode in contact with the second surface (Fig. 3, element 7 discloses an anode opposite the cathode, element 9, via the electrolyte, element 8.); and
a gas-flow suppression part that is positioned at least partially adjacent to a side surface of the electrode layered body (Col. 4, lines 27-35; 45-51; Figs. 1, 3 disclose a powder-metallurgical plate, element 2, is configured in one piece and has in the central area a porous substrate area, element 4, and a compressed gastight edge area, element 5. Further, the powder-metallurgical plate, element 2, is connected gastightly on the circumference, element 10.), and is formed from a material different from those of the electrolyte, the cathode, and the anode (Col. 2, lines 33-36 disclose the powder-metallurgical porous body consists of an Fe-Cr alloy. Col. 3, lines 23-33 disclose the electrochemically active cell layers are applied, i.e. normally the anode to the substrate area of the plate, the electrolyte to the anode and the cathode to the electrolyte. The anode can be formed for example by a cermet, for example comprising nickel and yttrium-stabilized zirconium oxide. The electrolyte layer is gastight and can consist for example of yttrium-stabilized zirconium oxide or another oxygen-ion-conducting ceramic. The cathode consists of an electronically, or electronically and ionically, conductive ceramic, for example lanthanum strontium cobalt iron oxide. A metal alloy is different from ceramics.).
Regarding claim 3, Brandner et al. teach the electrochemical cell according to claim 1, wherein the gas-flow suppression part is formed from a material having a liner expansion coefficient larger than those of the electrolyte, the cathode, and the anode (Col. 2, lines 33-36 disclose the powder-metallurgical porous body consists of an Fe-Cr alloy. Col. 3, lines 23-33 disclose the electrochemically active cell layers are applied, i.e. normally the anode to the substrate area of the plate, the electrolyte to the anode and the cathode to the electrolyte. The anode can be formed for example by a cermet, for example comprising nickel and yttrium-stabilized zirconium oxide. The electrolyte layer is gastight and can consist for example of yttrium-stabilized zirconium oxide or another oxygen-ion-conducting ceramic. The cathode consists of an electronically, or electronically and ionically, conductive ceramic, for example lanthanum strontium cobalt iron oxide. A metal alloy is different from ceramics. Further, metal alloys will inherently have a larger linear expansion coefficient than ceramic materials as ceramic materials are naturally more rigid.).
Regarding claim 4, Brandner et al. teach the electrochemical cell according to claim 1, wherein the gas-flow suppression part comprises a gas-diffusive metal (Col. 2, lines 33-36 disclose the powder-metallurgical porous body consists of an Fe-Cr alloy. As it is porous, it will naturally be gas-diffusive.).
Regarding claims 7-9 and 18, Brandner et al. teach the electrochemical cell according to claim 1, comprising a sheet-shaped member in contact with the cathode or the anode, in a direction in which the electrolyte, the cathode, and the anode are stacked (Figs. 2 and 3, element 3 disclose a contact plate in contact with the anode, element 7, in a stacking direction.), wherein the sheet-shaped member and the gas-flow suppression part are integrated (Col. 4, lines 45-47 disclose the powder-metallurgical plate, element 2, and the contact plate, element 3, are connected gastightly at the circumference, element 10.); the sheet-shaped member and the gas-flow suppression party comprise a gas-diffusive metal (Col. 2, lines 33-36); and wherein the sheet-shaped member is electrically conductive, and functions as a current collector (Col. 5, lines 19-21 disclose the fuel cells (1) are series-connected via the contact plate (3). That is, current is collected from the uppermost fuel cell and the lowermost fuel cell of the stack.).
Regarding claim 15, Brandner et al. teach the electrochemical cell according to claim 1, wherein the electrolyte is a solid electrolyte (Col. 3, lines 23-33 the electrolyte layer is gastight and can consist for example of yttrium-stabilized zirconium oxide or another oxygen-ion-conducting ceramic which is inherently in solid form.).
Regarding claim 16, Brander et al. teach a current collector positioned in contact with a cathode or an anode of an electrode layered body of an electrochemical cell in a direction in which an electrolyte, the cathode and the anode of the electrode layered body are stacked (Figs. 2 and 3, element 3 disclose a contact plate in contact with the anode, element 7, in a stacking direction. Col. 5, lines 19-21 disclose the fuel cells (1) are series-connected via the contact plate (3). That is, current is collected from the uppermost fuel cell and the lowermost fuel cell of the stack.).
wherein the current collector comprises a gas-flow suppression part positioned at least partially adjacent to a side surface of the electrode layered body (Col. 4, lines 45-47 disclose the powder-metallurgical plate, element 2, and the contact plate, element 3, are connected gastightly at the circumference, element 10.).
Claims 1, 4-6, and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishida et al. (US 2020/0243891 A1).
Regarding claim 1, Ishida et al. teach an electrochemical cell having a plurality of stacked electrochemical cells (Abstract; paragraph 0045; Fig. 4, element 110 disclose a unit cell. Further, Fig. 4 discloses multiple unit cells (two).) comprising:
an electrode layered body (Paragraphs 0038; 0045; Fig. 4 discloses a unit cell, element 110.) including an electrolyte having a first surface and a second surface positioned opposite to the first surface (Fig. 4 discloses an electrolyte, element 112, having two opposing surfaces.) a cathode in contact with the first surface (Fig. 4, element 114 discloses a cathode.), and an anode in contact with the second surface (Fig. 4, element 116 discloses an anode opposite the cathode, element 114, via the electrolyte, element 112.); and
a gas-flow suppression part that is positioned at least partially adjacent to a side surface of the electrode layered body (Paragraph 0045 discloses a felt member, element 41, is disposed between the outer surface of the anode-side current collector 144 and the wall surface of the hole 141 of the anode-side frame 140 in the direction (X-axis direction) orthogonal to the Z-axis direction. The presence of the felt member 41 prevents discharge of the oxidizer gas OG (supplied to the cathode chamber 166) or the fuel gas FG (supplied to the anode chamber 176) from the cathode chamber 166 or the anode chamber 176 through a region that less contributes to electricity generation, to thereby improve electricity generation performance.), and is formed from a material different from those of the electrolyte, the cathode, and the anode (Paragraph 0045 discloses the felt member is formed of an alumina-silica felt material. Paragraph 0039 discloses the electrolyte comprises YSZ, the cathode comprises a perovskite oxide, and the anode is comprised of Ni based alloys or ceramic. These materials are different form the felt member material.).
Regarding claim 4, Ishida et al. teach the electrochemical cell according to claim 1, wherein the gas-flow suppression part comprises a gas-diffusive metal (Paragraph 0046 discloses metal felt which is gas diffusive.).
Regarding claim 5, Ishida et al. teach the electrochemical cell according to claim 1, wherein: the electrochemical cell comprises a plurality of the gas-flow suppression parts; and the gas-flow suppression parts are provided at intervals therebetween along a direction surrounding the side surface of the electrode layered body (Fig. 4 discloses multiple felt members, element 41, surrounding element 110, the unit cells.).
Regarding claim 6, Ishida et al. teach the electrochemical cell according to claim 1, the gas-flow suppression part is formed to have a wall shape extending in a direction surrounding the side surface of the electrode layered body (Paragraph 0045; Fig. 4, element 1.).
Regarding claim 15, Ishida et al. teach the electrochemical cell according to claim 1, wherein the electrolyte is a solid electrolyte (Paragraph 0039 discloses the electrolyte comprises YSZ which is inherently in solid form.).
Regarding claim 16, Ishida et al. teach a current collector positioned in contact with a cathode or an anode of an electrode layered body of an electrochemical cell in a direction in which an electrolyte, the cathode and the anode of the electrode layered body are stacked (Fig. 4 discloses a cathode side current collector, element 134, positioned in a stacking direction and in contact with the cathode, element 114, which is part of a unit cell, element 110.).
wherein the current collector comprises a gas-flow suppression part positioned at least partially adjacent to a side surface of the electrode layered body (Paragraph 0045 discloses a felt member, element 41, is disposed between the outer surface of the anode-side current collector 144 and the wall surface of the hole 141 of the anode-side frame 140 in the direction (X-axis direction) orthogonal to the Z-axis direction. The presence of the felt member 41 prevents discharge of the oxidizer gas OG (supplied to the cathode chamber 166) or the fuel gas FG (supplied to the anode chamber 176) from the cathode chamber 166 or the anode chamber 176 through a region that less contributes to electricity generation, to thereby improve electricity generation performance.).
Claim Rejections - 35 USC § 102/103
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 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.
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 11 is rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Szabo et al. (US 2010/0086828 A1)
Regarding claim 11, Szabo et al. teach the electrochemical cell according to claim 10. However, they do not teach wherein when reaching or exceeding a predetermined temperature, the gas-flow suppression part comes into contact with or comes close to the frame body by thermal expansion.
MPEP 2112.01 Composition, Product, and Apparatus Claims
I. PRODUCT AND APPARATUS CLAIMS — WHEN THE STRUCTURE RECITED IN THE REFERENCE IS SUBSTANTIALLY IDENTICAL TO THAT OF THE CLAIMS, CLAIMED PROPERTIES OR FUNCTIONS ARE PRESUMED TO BE INHERENT
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product. In re Best, 562 F.2d at 1255, 195 USPQ at 433. See also Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)
Allowable Subject Matter
Claim 13 is 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 following is a statement of reasons for the indication of allowable subject matter: the subject matter of claim 13 is not disclosed in the prior art of record. Specifically, none of the references cited disclose the gas-flow suppression parts and the convexities are alternated with each other. Any modification to the prior would teach away and not present a prima facie case of obviousness.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S GATEWOOD whose telephone number is (571)270-7958. The examiner can normally be reached M-F 8:00-5:30.
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Daniel S. Gatewood, Ph.D.
Primary Examiner
Art Unit 1729
/DANIEL S GATEWOOD, Ph. D/Primary Examiner, Art Unit 1729 July 1st, 2026
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