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
Claims 3, 10 and 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method for suppressing cerium ion migration in proton exchange membrane fuel cells, and to a nonelected species of a membrane-electrode assembly (species B and subspecies b of the restriction election requirement filed on 11 May 2026), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07 July 2026.
Applicant’s election without traverse of claims 1-2, 4-9 and 11-14 in the reply filed on 07 July 2026 is acknowledged.
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.
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 inventions 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.
Claims 1-2, 4-6, 8-9 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Nakanishi et al (US 2018/0323441 A1) in view of Berner et al (DE 102021205988 A1). These prior art references being cited to as Nakanishi and Berner hereinafter in this Office Action.
Regarding claim 1, Nakanishi discloses a membrane-electrode assembly (10 Fig. 1; “a membrane electrode assembly 10” [0012]) comprising:
an anode (14 Fig. 1; “an anode catalyst layer 14” [0013]) comprising a first catalyst (“Each of the anode catalyst layer 14 and the cathode catalyst layer 16 contains an ionomer ( for example , Nafion® fluoropolymer ) , which is a high polymer electrolyte , and conductive substrate particles ( for example , carbon particles ) that support a catalyst” [0015]);
a cathode (16 Fig. 1; “a cathode catalyst layer 16” [0013]) comprising a second catalyst (“Each of the anode catalyst layer 14 and the cathode catalyst layer 16 contains an ionomer ( for example , Nafion® fluoropolymer ) , which is a high polymer electrolyte , and conductive substrate particles ( for example , carbon particles ) that support a catalyst” [0015]); and
a proton exchange membrane between the anode and cathode (12 Fig. 1; “an electrolyte membrane 12, an anode catalyst layer 14 joined to one surface of the electrolyte membrane 12 , and a cathode catalyst layer 16 joined to the other surface of the electrolyte membrane 12” [0013]),
wherein at least one of the proton exchange membrane, anode, and cathode comprise an antioxidant (“As illustrated in FIG . 3 , when the quantity of cerium ions to sulfonic acid is between 0 . 1 mol % or more and 10 mol % or less in the membrane electrode assembly 10 , the decomposed sulfonic acid amount can be reduced , and the effect of radical quenching ( neutralizing hydrogen peroxide radicals ) can be sufficiently exerted” [0023]) which comprises cerium oxide microparticles (“a cerium compound that acts as a supply source of cerium ions” [0017] and “powder cerium oxide is used as the cerium compound” [0024]) in a controlled release form selected from microcapsules or microspheres configured to release cerium oxide over time.
Nakanishi does not disclose the antioxidant comprises the cerium oxide as microparticles, and the cerium oxide microparticles are comprised in a controlled release form selected from microcapsules or microspheres configured to release cerium oxide over time.
However, Berner discloses a membrane-electrode assembly (“a membrane electrode assembly 6 (MEA)” [0065]; 6 Fig. 8) comprising:
an anode (“an anode 7” [0061]; 7 Fig. 8) comprising a first catalyst (“The catalyst layer 30 on the gas space 31 with fuel at the anode 7 comprises nanodispersed platinum-ruthenium on graphitized soot particles bound to a binder.” [0065]);
a cathode (“a cathode 8” [0061]; 8 Fig. 8) comprising a second catalyst (“The catalyst layer 30 on the gas space 32 with oxidizing agent at the cathode 8 comprises analogous nanodispersed platinum.” [0065]); and
a proton exchange membrane between the anode and cathode (“a proton exchange membrane 5 (PEM), which is located between the anode 7 and the cathode 8” [0064]; 5 Fig. 8),
wherein at least one of the proton exchange membrane, anode, and cathode comprise an antioxidant (“The reactant, for example, captures radicals to reduce the aging process of the components” [0006]) which comprises cerium oxide (“in particular the reactant is cerium oxide” [0015]).
Berner teaches the antioxidant comprises the cerium oxide as microparticles (“reactant is enclosed by a hydrophobic shell made of a coating material, such that core-shell reaction particles are formed” [0022] where “the diameter of the core-shell reaction particles is between 0.1 nm and 50 μm, in particular between 5 nm and 30 μm, preferably between 10 nm and 10 μm” [0037] such that the disclosed diameter range includes the micrometer scale), and the cerium oxide microparticles are comprised in a controlled release form selected from microcapsules (“one particulate reactant is enclosed by a hydrophobic shell made of a coating material, such that core-shell reaction particles are formed with a core-shell structure, each with cores made of the at least one reactant and shells made of the coating material” [0022]) or microspheres configured to release cerium oxide over time (“a porous and/or diffusion-capable shell to initiate the chemical reaction, in particular by releasing radical scavengers” [0010] such that diffusion of the disclosed reactant happens over time).
Berner further teaches that the microcapsule structure has a low water solubility, or hydrophobic properties, such that different areas of moisture throughout a fuel cell that the membrane-electrode assembly is utilized into does not lead to any change in the concentration of the cerium oxide microparticles and is essentially constant during operation of the fuel cell, which ensures the antioxidant comprising cerium oxide to initiate the chemical reaction of the fuel cell to be distributed uniformly across all components of the fuel cell ([0081]).
Therefore, it would have been obvious for a person having ordinary skill in the art to replace the antioxidant that comprises the cerium oxide of the membrane-electrode assembly of Nakanishi with an antioxidant thar comprises the cerium oxide as microparticles, and the cerium oxide microparticles are comprised in a controlled release form from microcapsules configured to release cerium oxide over time, in view of Berner, in order to achieve a membrane-electrode assembly that is capable of being utilized into a fuel cell that ensures uniform distribution of the antioxidant comprising cerium oxide throughout all components of the fuel cell due to hydrophobic or low water solubility properties of the microcapsule structure.
Regarding claim 2, modified Nakanishi discloses the membrane-electrode assembly with all the features set forth in claim 1 above, and wherein the cerium oxide antioxidant is in the form of microcapsules (Berner [0022] “one particulate reactant is enclosed by a hydrophobic shell made of a coating material, such that core-shell reaction particles are formed with a core-shell structure, each with cores made of the at least one reactant and shells made of the coating material”), said microcapsules comprising:
a core which comprises cerium oxide microparticles (Berner “62,63” Fig. 7; “Inside is a reaction substance 62 as a nucleus 63.” [0080]), and
a polymer shell surrounding the core (Berner “The core 63 is surrounded by a shell 65 made of a covering material 64. … The coating material 64 is PVDF (polyvinylidene fluoride).” [0080]), wherein the polymer shell has a predetermined thickness to control the release of the cerium oxide over time (Berner [0080] “The accessibility of the surface 67 of the core 63 to the pollutant can alternatively also be enabled by the shell 65 having sufficient porosity for the pollutant to flow through the shell 65 and/or properties for the diffusion of the pollutant through the shell 65, so that the pollutant can penetrate through the shell65.Additionally, a combination of these properties can also occur, i.e., that the shell 65 has both the cracks68 and/or the recesses 68 and, in addition, the shell 65 has a porosity and/or properties for the diffusion of the pollutant.).
Regarding claim 4, modified Nakanishi discloses the membrane-electrode assembly with all the features set forth in claim 2 above, and wherein the polymer shell or matrix is selected from the group consisting of gelatin, chitosan, starch, Arabic gum, gums, albumin, cysteine, alginate, silk fibroin, waxes, polycaprolactone, poly(methyl methacrylate), poly(lactic acid), poly(glycolic alcohol), polyolefin, cellulose, melamine formaldehyde resin, urea-formaldehyde resin, polyurea-formaldehyde resin, phenol- formaldehyde resin, polyamides, polyureas, polyurethanes, poly(urea-urethanes), polyurethane/chitosan, polyester, polystyrene, polytetrafluorethylene (PTFE), polyvinylidene fluoride (PVDF) (Berner “The coating material 64 is PVDF (polyvinylidene fluoride).” [0080]), polysulfone (PSU), polyether ketone (PEEK), and derivatives and combinations thereof.
Regarding claim 5, modified Nakanishi discloses the membrane-electrode assembly with all the features set forth in claim 2 above, and wherein the polymer shell has a thickness of about 50 nm to about 9 µm (Berner “the thickness of the shell is less than 30%, 50% or 70% of the diameter of the cores” [0032] in combination with “the diameter of the core-shell reaction particles is between 0.1 nm and 50 μm, in particular between 5 nm and 30 μm, preferably between 10 nm and 10 μm” [0037] results in a disclosed preferable shell thickness of at least less than 1.9 μm).
Regarding claim 6, modified Nakanishi discloses the membrane-electrode assembly with all the features set forth in claim 1 above, and wherein the proton exchange membrane comprises a perfluorosulfonic acid polymer (Nakanishi [0014] “electrolyte membrane 12 is formed of a perfluorosulfonic acid polymer”).
Regarding claim 8, Nakanishi discloses a fuel cell (“The MEGA 100 forms a unit cell by being sandwiched by separators that allow gas to flow . In addition , stacking a plurality of the unit cells forms a fuel cell .” [0012]) comprising:
a membrane-electrode assembly (10 Fig. 1; “a membrane electrode assembly 10” [0012]) comprising a proton exchange membrane (12 Fig. 1; “an electrolyte membrane 12, an anode catalyst layer 14 joined to one surface of the electrolyte membrane 12 , and a cathode catalyst layer 16 joined to the other surface of the electrolyte membrane 12” [0013]), an anode (14 Fig. 1; “an anode catalyst layer 14” [0013]) comprising a first catalyst (“Each of the anode catalyst layer 14 and the cathode catalyst layer 16 contains an ionomer ( for example , Nafion® fluoropolymer ) , which is a high polymer electrolyte , and conductive substrate particles ( for example , carbon particles ) that support a catalyst” [0015]), and a cathode (16 Fig. 1; “a cathode catalyst layer 16” [0013]) comprising a second catalyst (“Each of the anode catalyst layer 14 and the cathode catalyst layer 16 contains an ionomer ( for example , Nafion® fluoropolymer ) , which is a high polymer electrolyte , and conductive substrate particles ( for example , carbon particles ) that support a catalyst” [0015]), the proton exchange membrane positioned between the anode and cathode (“an anode catalyst layer 14 joined to one surface of the electrolyte membrane 12 , and a cathode catalyst layer 16 joined to the other surface of the electrolyte membrane 12” [0013]);
a first microporous layer contacting the anode (21 Fig. 1; “a first microporous layer 21 that makes contact with the membrane electrode assembly 10” [0017]) ;
a second microporous layer contacting the cathode (31 Fig. 1; “a second microporous layer 31 that makes contact with the membrane electrode assembly 10” [0018]);
an anode diffusion layer contacting the first microporous layer (22 Fig. 1; “a first diffusion layer substrate 22 that makes contact with a surface of the first microporous layer 21 that is opposite to a side of the first microporous layer 21 on which the membrane electrode assembly 10 is located” [0017]);
a cathode diffusion layer contacting the second microporous layer (32 Fig. 1; “a second diffusion layer substrate 32 that makes contact with a surface of the second microporous layer 31 that is opposite to a side of the second microporous layer 31 on which the membrane electrode assembly 10 is located” [0018]);
a first flow channel contacting the anode diffusion layer (“flow passages for the reaction gas in the first microporous layer 21 and the second microporous layer 31” [0025]); and
a second flow channel connecting the cathode diffusion layer (“flow passages for the reaction gas in the first microporous layer 21 and the second microporous layer 31” [0025]),
wherein at least one of the proton exchange membrane, anode, cathode, first microporous layer and the second microporous layer comprise a cerium oxide antioxidant (“As illustrated in FIG . 3 , when the quantity of cerium ions to sulfonic acid is between 0 . 1 mol % or more and 10 mol % or less in the membrane electrode assembly 10 , the decomposed sulfonic acid amount can be reduced , and the effect of radical quenching ( neutralizing hydrogen peroxide radicals ) can be sufficiently exerted” [0023] where “a cerium compound that acts as a supply source of cerium ions” [0017], “powder cerium oxide is used as the cerium compound” [0024], “The first microporous layer 21 contains conductive particles such as carbon particles , a water repellent agent such as polytetrafluroethylene ( PTFE ) , and a cerium compound that acts as a supply source of cerium ions .” [0017], and “The second microporous layer 31 contains conductive particles such as carbon particles , a water repellent agent such as polytetrafluroethylene ( PTFE ) , and a cerium compound that acts as a supply source of cerium ions .” [0018]).
Nakanishi does not disclose wherein the cerium oxide antioxidant is comprised in a controlled release form selected from microcapsules or microspheres configured to release cerium oxide over time.
However, Berner discloses a fuel cell (“Figures 1 to 3 show the basic structure of a fuel cell 2 as a PEM fuel cell 3 (polymer electrolyte fuel cell 3).”) comprising a membrane-electrode assembly (“a membrane electrode assembly 6 (MEA)” [0065]; 6 Fig. 8) that comprises:
an anode (“an anode 7” [0061]; 7 Fig. 8) comprising a first catalyst (“The catalyst layer 30 on the gas space 31 with fuel at the anode 7 comprises nanodispersed platinum-ruthenium on graphitized soot particles bound to a binder.” [0065]);
a cathode (“a cathode 8” [0061]; 8 Fig. 8) comprising a second catalyst (“The catalyst layer 30 on the gas space 32 with oxidizing agent at the cathode 8 comprises analogous nanodispersed platinum.” [0065]); and
a proton exchange membrane between the anode and cathode (“a proton exchange membrane 5 (PEM), which is located between the anode 7 and the cathode 8” [0064]; 5 Fig. 8),
wherein at least one of the proton exchange membrane, anode, and cathode comprise a cerium oxide antioxidant (“The reactant, for example, captures radicals to reduce the aging process of the components” [0006] and “in particular the reactant is cerium oxide” [0015]).
Berner teaches wherein the cerium oxide antioxidant is comprised in a controlled release form selected from microcapsules (“one particulate reactant is enclosed by a hydrophobic shell made of a coating material, such that core-shell reaction particles are formed with a core-shell structure, each with cores made of the at least one reactant and shells made of the coating material” [0022]) or microspheres configured to release cerium oxide over time (“a porous and/or diffusion-capable shell to initiate the chemical reaction, in particular by releasing radical scavengers” [0010] such that diffusion of the disclosed reactant happens over time).
Berner further teaches that the microcapsule structure has a low water solubility, or hydrophobic properties, such that different areas of moisture throughout a fuel cell that the membrane-electrode assembly is utilized into does not lead to any change in the concentration of the cerium oxide microparticles and is essentially constant during operation of the fuel cell, which ensures the antioxidant comprising cerium oxide to initiate the chemical reaction of the fuel cell to be distributed uniformly across all components of the fuel cell ([0081]).
Therefore, it would have been obvious for a person having ordinary skill in the art to replace the cerium oxide antioxidant of Nakanishi in view of Berner to be comprised in a controlled release form of microcapsules configured to release cerium oxide over time, in order to achieve a fuel cell that ensures uniform distribution of the antioxidant comprising cerium oxide throughout all components of the fuel cell due to hydrophobic or low water solubility properties of the microcapsule structure.
Regarding claim 9, modified Nakanishi discloses the fuel cell with all the features set forth in claim 8 above, and wherein the at least one of the proton exchange membrane, anode, cathode, first microporous layer and the second microporous layer comprise cerium oxide antioxidant in the form of microcapsules (Berner [0022] “one particulate reactant is enclosed by a hydrophobic shell made of a coating material, such that core-shell reaction particles are formed with a core-shell structure, each with cores made of the at least one reactant and shells made of the coating material”), said microcapsules comprising:
a core which comprises cerium oxide microparticles (Berner “62,63” Fig. 7; “Inside is a reaction substance 62 as a nucleus 63.” [0080]), and
a polymer shell surrounding the core (Berner “The core 63 is surrounded by a shell 65 made of a covering material 64. … The coating material 64 is PVDF (polyvinylidene fluoride).” [0080]), wherein the polymer shell has a predetermined thickness to control the release of the cerium oxide over time (Berner [0080] “The accessibility of the surface 67 of the core 63 to the pollutant can alternatively also be enabled by the shell 65 having sufficient porosity for the pollutant to flow through the shell 65 and/or properties for the diffusion of the pollutant through the shell 65, so that the pollutant can penetrate through the shell 65. Additionally, a combination of these properties can also occur, i.e., that the shell 65 has both the cracks 68 and/or the recesses 68 and, in addition, the shell 65 has a porosity and/or properties for the diffusion of the pollutant.).
Regarding claim 11, modified Nakanishi discloses the fuel cell with all the features set forth in claim 9 above, and wherein the polymer shell is selected from the group consisting of gelatin, chitosan, starch, Arabic gum, gums, albumin, cysteine, alginate, silk fibroin, waxes, polycaprolactone, poly(methyl methacrylate), poly(lactic acid), poly(glycolic alcohol), polyolefin, cellulose, melamine formaldehyde resin, urea-formaldehyde resin, polyurea-formaldehyde resin, phenol- formaldehyde resin, polyamides, polyureas, polyurethanes, poly(urea-urethanes), polyurethane/chitosan, polyester, polystyrene, polytetrafluorethylene (PTFE), polyvinylidene fluoride (PVDF) (Berner “The coating material 64 is PVDF (polyvinylidene fluoride).” [0080]), polysulfone (PSU), polyether ketone (PEEK), and derivatives and combinations thereof.
Regarding claim 12, modified Nakanishi discloses the fuel cell with all the features set forth in claim 9 above, and wherein the polymer shell has a thickness of about 50 nm to about 9 µm (Berner “the thickness of the shell is less than 30%, 50% or 70% of the diameter of the cores” [0032] in combination with “the diameter of the core-shell reaction particles is between 0.1 nm and 50 μm, in particular between 5 nm and 30 μm, preferably between 10 nm and 10 μm” [0037] results in a disclosed preferable shell thickness of at least less than 1.9 μm).
Regarding claim 13, modified Nakanishi discloses the fuel cell with all the features set forth in claim 8 above, and wherein the proton exchange membrane comprises a perfluorosulfonic acid polymer (Nakanishi [0014] “electrolyte membrane 12 is formed of a perfluorosulfonic acid polymer”).
Regarding claim 14, modified Nakanishi discloses the fuel cell with all the features set forth in claim 8 above, but does not disclose a vehicle that comprises the fuel cell.
However, Berner teaches a vehicle that comprises the disclosed fuel cell (“using fuel cells 2 in motor vehicles” [0087]), and that the cerium oxide antioxidant controlled release form of microcapsules integrated and uniformly distributed over all components of the fuel cell enables a uniform decomposition of pollutants across each surface area, which results in no local accumulation of pollutants occurring during the operation of the fuel cell such that the proton exchange membrane is always impermeable to gases even during prolonged operation, and that a fuel cell with these characteristics is advantageous when used in vehicle ([0087]).
Therefore, it would have been obvious for a person having ordinary skill in the art to add a vehicle for the fuel cell of modified Nakanishi to be used in, in further view of Berner, in order to efficiently utilize the advantages of uniform decomposition of pollutants across each surface area of the components of the fuel cell, which results in no local accumulation of pollutants occurring during the operation of the fuel cell such that the proton exchange membrane of the fuel cell is always impermeable to gases even during prolonged operation.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Nakanishi (US 2018/0323441 A1) in view of Berner (DE 102021205988 A1) and Burlatsky et al (US 2004/0224216 A1). The latter prior art reference cited to as Burlatsky hereinafter in this Office Action.
Regarding claim 7, modified Nakanishi discloses a polymer electrolyte membrane fuel cell (PEMFC) comprising a plurality of stacked membrane electrode assemblies (MEAs) (Nakanishi “The MEGA 100 forms a unit cell by being sandwiched by separators that allow gas to flow . In addition , stacking a plurality of the unit cells forms a fuel cell .” [0012]), and wherein each MEA of the plurality comprises a MEA according to claim 1 (as set forth in the rejection of claim 1 above).
Modified Nakanishi does not disclose wherein the fuel cell has an operational lifetime of at least 8,000 hours.
However, Burlatsky discloses a polymer electrolyte membrane fuel cell (PEMFC) (“polymer electrolyte membrane (PEM) fuel cells” [0020]) comprising a plurality of stacked membrane electrode assemblies (MEAs) (“a membrane electrode assembly 10 is illustrated in accordance with the present invention and includes a membrane 12, a cathode 14 and an anode 16. Membrane 12 is positioned between cathode 14 and anode 16 and serves to provide function of a fuel cell electrolyte and separate oxygen from hydrogen” [0024]).
Burlatsky teaches wherein the fuel cell has an operational lifetime of at least 8,000 hours (“It is desired to achieve 40,000-70,000 hour and 5,000-10,000 hour lifetimes for stationary and transportation PEM fuel cells, respectively. Free radical degradation of the ionomer seriously interferes with efforts to reach these goals.” [0004] where “Fluoride-emission rates from a fuel cell are indicative of membrane degeneration, including degradation due to exposure to free radicals generated from peroxide.” [0048]), and that an extended catalyzed layer positioned between the proton exchange membrane and the cathode of the membrane electrode assembly consumes oxygen as it diffuses from the cathode toward the proton exchange membrane to thereby avoid the possibility of formation of peroxide within the anode of the membrane electrode assembly ([0033]), and vice versa such that these functions advantageously serve to reduce a significant contributor toward fuel cell degradation ([0037]) because degradation is due to exposure to free radicals generated from peroxide ([0048]).
Therefore, it would have been obvious for a person having ordinary skill in the art to add wherein the fuel cell of modified Nakanishi has an operational lifetime of at least 8,000 hours, in view of Burlatsky, because the membrane electrode assembly disposed in the fuel cell of the polymer electrolyte membrane fuel cell of modified Nakanishi comprises a catalyst supported by carbon particles in the cathode (Nakanishi [0015] “Each of the anode catalyst layer 14 and the cathode catalyst layer 16 contains an ionomer ( for example , Nafion® fluoropolymer ) , which is a high polymer electrolyte , and conductive substrate particles ( for example , carbon particles ) that support a catalyst”), and is joined to one surface of the proton exchange membrane (Nakanishi [0013] “cathode catalyst layer 16 joined to the other surface of the electrolyte membrane 12” [0013]), which Burlatsky teaches achieves the avoidance of the possibility of formation of peroxide within the anode, and vice versa, such that these functions advantageously serve to reduce a significant contributor toward fuel cell degradation due to exposure to free radicals generated from peroxide.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLENE BERMUDEZ whose telephone number is (571)272-0610. The examiner can normally be reached Mondays through Thursdays generally from 12 PM to 5 PM Eastern Time.
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/CHARLENE BERMUDEZ/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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