Prosecution Insights
Last updated: July 17, 2026
Application No. 18/461,987

ELECTRODE, MEMBRANE ELECTRODE ASSEMBLY, ELECTROCHEMICAL CELL, STACK, AND ELECTROLYZER

Non-Final OA §102§103
Filed
Sep 06, 2023
Priority
Oct 03, 2022 — JP 2022-159828
Examiner
CHUNG, HOSUNG CHARLES
Art Unit
1794
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Kabushiki Kaisha Toshiba
OA Round
1 (Non-Final)
59%
Grant Probability
Moderate
1-2
OA Rounds
2m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allowance Rate
283 granted / 478 resolved
-5.8% vs TC avg
Strong +38% interview lift
Without
With
+37.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
29 currently pending
Career history
505
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
87.0%
+47.0% vs TC avg
§102
1.1%
-38.9% vs TC avg
§112
5.3%
-34.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 478 resolved cases

Office Action

§102 §103
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 2-4 and 6 are objected to because of the following informalities. Appropriate correction is required. 2-4. The brackets around “%” should be struck. 6. The term “is invaded” is unidiomatic because the term is usually applied to invading armies. The Examiner recommends using a term like “seeps” instead. Also, “the the” is redundant. Claim Rejections - 35 U.S.C. § 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. Claims 1 and 5-11 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Mei et al., U.S. Patent App. Pub. No. 2019/0296362 A1 [hereinafter Mei]. The body of the claim is generally written with parentheses following the limitations indicating the prior art's teachings and/or examiner notes. 1. An electrode (anode; Mei title, [0002], fig. 5) comprising: a support (substrate 12; Mei [0037], fig. 5); and a catalyst layer (catalyst 100; [0018], figs. 1-2) including a sheet layer (porous structure 10; [0018]-[0019], figs. 1-2 & 3B) and a gap layer stacked alternately (void 11 alternatively laminated; [0029]-[0030], figs. 2 & 3B), wherein cracks or/and holes exist in the catalyst layer (pores/holes in the catalyst layer; [0019], [0023], fig. 3A). 5. A membrane electrolyte assembly (membrane electrode assembly 200, Mei [0038]-[0046], fig. 6) comprising: the electrode according to claim 1 (see claim 1 rejection); and an electrolyte membrane (electrolyte membrane 23; Mei [0039]-[0043], fig. 6). 6. The membrane electrolyte assembly according to claim 5 wherein the electrolyte membrane is invaded into the cracks or/and the holes (a person having ordinary skill in the art would have recognized that hot pressing would have some of the electrolyte membrane seep into the holes). Mei [0049], fig. 6. 7. An electrochemical cell (water electrolysis cell 300; [0052]-[0054], fig. 7) comprising: the membrane electrolyte assembly according to claim 5 (see claim 6 rejection). 8. A stack (stack; Mei [0055]-[0057], fig. 8) comprising: the membrane electrolyte assembly according to claim 5 (see claim 5 rejection). 9. A stack comprising: the electrochemical cell according to claim 7 (see claims 7-8 rejections). 10. An electrolyzer (water electrolysis cell 300; [0052]-[0054], fig. 7) comprising: the stack according to claim 8 (see claims 5 & 8 rejections). 11 An electrolyzer (water electrolysis cell 300; [0052]-[0054], fig. 7) comprising: the stack according to claim 9 (see claims 8 and 9 rejections). Claims 2-4 are rejected under 35 U.S.C. § 103 as being unpatentable over Mei as applied to claim 1 previously, and further in view of Fukazawa et al., U.S. Patent App. Pub. No. 2019/0088967 A1 [hereinafter Fukazawa]. 2. The electrode according to claim 1, wherein the support includes fibers (Ti fibers; Mei [0046]), the catalyst layer is provided on the fibers (porous structure 10 on substrate 12; Mei [0037], fig. 5) … . Mei is silent on a ratio of the cracks or/and the holes to a surface area of the catalyst layer provided on the fibers is 0.3 [%] or more and 60 [%] or less. However, Fukazawa teaches an apparatus for use for water electrolysis. Fukazawa [0062]. Fukazawa teaches that the area ratio of the pores is 20-60% to get a preferred reaction efficiency and to keep water out of the catalyst layer 10. Fukazawa [0045]. Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s electrode with Fukazawa’s 20-60% area ratio to get a preferred reaction efficiency and to keep water out of the catalyst layer 10. 3. The electrode according to claim 1, wherein the support includes fibers, the catalyst layer is provided on the fibers, and a ratio of the cracks or/and the holes to a surface area of the catalyst layer provided on the fibers is 1 [%] or more and 60 [%] or less (rejected for similar reasons as claim 2). 4. The electrode according to claim 1, wherein the support includes fibers, the catalyst layer is provided on the fibers, and a ratio of the cracks or/and the holes to a surface area of the catalyst layer provided on the fibers is 5 [%] or more and 45 [%] or less (rejected for similar reasons as claim 2). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hosung Chung whose telephone number is (571) 270-7578. The examiner can normally be reached Monday-Wednesday, 9 AM - 6 PM CT. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lin can be reached on (571) 272-8902. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at (866) 217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call (800) 786-9199 (IN USA OR CANADA) or (571) 272-1000. /HOSUNG CHUNG/Primary Examiner, Art Unit 1794
Read full office action

Prosecution Timeline

Sep 06, 2023
Application Filed
Jun 04, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
59%
Grant Probability
97%
With Interview (+37.8%)
3y 0m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 478 resolved cases by this examiner. Grant probability derived from career allowance rate.

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