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 .
This is in response to the Amendment dated August 3, 2026. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office Action.
Response to Amendment
Claim Rejections - 35 USC § 103
I. Claim(s) 1 and 3-6 stand rejected under 35 U.S.C. 103 as being unpatentable over Bahar et al. (US Patent Application Publication No. 2019/0264341 A1) in view of Oikawa et al. (US Patent Application Publication No. 2022/0290318 A1) and Omrani et al. (“Gas Diffusion Layers
in Fuel Cells and Electrolysers: A Novel Semi-Empirical Model to Predict Electrical Conductivity of Sintered Metal Fibres,” Energies (2019 Mar 5), Vol. 12, No. 5, pp. 1-17).
Regarding claim 1, Bahar teaches a water electrolysis cell (= an electrolysis cell with
liquid water) [page 1, [0013]] comprising:
• an anode (= the anode 20) [page 14, [0156]];
•a cathode (= cathode 40) [page 14, [0156]]; and
• an anion-exchange membrane disposed between the anode and the cathode (= an anion exchange membrane 130) [page 14, [0156]; and Fig. 34:
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276
602
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],
wherein
۰ the anode includes a catalyst layer disposed on the anion-exchange membrane (= the anion exchange membrane 130 is sandwiched on either side by catalyst layers) [page 14, [0156]] and an anode gas diffusion layer disposed on the catalyst layer (= and gas diffusion layers 39, 39′, configured on the outside of the membrane electrode assembly) [page 14, [0156]].
Bahar does not explicitly teach wherein the anode gas diffusion layer includes metal fiber, and in the metal fiber, a section constituting a surface of the metal fiber is composed of nickel.
Bahar teaches that:
In an exemplary embodiment, the cell assembly is a multi-layer structure. The
membrane has a catalyst layer on either side, sandwiched between gas diffusion layers. The gas
diffusion layer is typically composed of Ni, SS, Ti, or carbon substrates (page 2, [0014]).
Bahar teaches the reaction:
Anode: 4OH- → 2H2O + O2 + 4e- (page 1, [0013]).
Oikawa teaches that:
The anode 22 is an electrode for oxidizing hydroxide ions to generate oxygen. The anode 22 may be any electrode as long as the electrode can electrochemically oxidize hydroxide ions and
the generated oxygen permeates therethrough to the anode-side gas flow path 33. Examples thereof include an electrode in which an anode catalyst layer is formed on the electrolyte flow path 31 side of the gas diffusion layer (page 3, [0038]).
Examples of the gas diffusion layer of the anode 22 include carbon paper and carbon cloth. Further, as the gas diffusion layer, a porous body such as a mesh material, a punching material, a porous material, or a metal fiber sintered body may be used. Examples of the material of the porous body include metals such as titanium, nickel, and iron, and alloys (for example, SUS) of these metals (page 3, [0040]).
Omrani teaches that:
Metal foams, commonly Ni, Pb and Cu, are mostly used as electrodes in batteries [9]; Ni foam has also been used in fuel cells as flow field [10,11]. Sintered metal powders/fibres (Figure 1) are commonly used as GDLs in polymer electrolyte membrane (PEM) and solid oxide (SO) electrolysers or URFCs [9,10] instead of carbon-based GDLs that usually corrode rapidly in such hydrated environments. Sintered metal fibres or powders are of particularly high interest due to their strong mechanical properties that make them suitable for providing mechanical support for other components in applications such as high-pressure water electrolysis [6,9,12]. Sintered metal powders provide porosities lower than 50% [13,14], which is suitable for electrolyser applications [15]; on the other hand, sintered metal fibres can provide porosities higher than 50% that is suitable for applications such as PEMFCs or URFCs[16,17]. In these kinds of applications, the electrical conductivity plays a major role in the performance as higher conductivity translates into lower ohmic losses, and hence higher efficiency (pages 1-2, bridging paragraph).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the anode gas diffusion layer taught by Bahar with wherein the anode gas diffusion layer includes metal fiber, and in the metal fiber, a
section constituting a surface of the metal fiber is composed of nickel. The person with ordinary skill in the art would have been motivated to make this modification because Bahar teaches that the reaction at the anode is 4OH- → 2H2O + O2 + 4e- in [0013] where the gas diffusion layer is typically composed of Ni substrates in [0014] where using a nickel fiber sintered body as a gas diffusion layer of the anode would have oxidized hydroxide ions to generate oxygen as taught
by Oikawa in [0038] and [0040] where sintered metal fibers are of particularly high interest due to their strong mechanical properties which make them suitable for providing mechanical support for other components in applications such as high-pressure water electrolysis as taught by Omrani (page 2, lines 2-4).
Regarding claim 3, Oikawa teaches wherein the anode gas diffusion layer consists essentially of the metal fiber (= further, as the gas diffusion layer, a porous body such as a mesh material, a punching material, a porous material, or a metal fiber sintered body may be used) [page 3, [0040]].
Regarding claim 4, Oikawa teaches wherein a purity of the nickel is greater than or equal to 90% by mass (= examples of the material of the porous body include metals such as titanium, nickel,1 and iron, and alloys (for example, SUS) of these metals) [page 3, [0040]].
Regarding claim 5, Bahar does not explicitly teach wherein the catalyst layer includes a
catalyst containing nickel as a constituent element.
Bahar teaches that the anode catalyst is selected from the group consisting of: iridium, iridium oxides, platinum, ruthenium, ruthenium oxides, manganese oxides, nickel-cobalt oxides and perovskites (page 15, claim 18).
Oikawa teaches that:
The anode catalyst that forms the anode catalyst layer is not particularly limited, and a known anode catalyst can be used. Specifically, examples thereof include metals such as platinum, palladium, and nickel; alloys and intermetallic compounds of these metals; metal oxides such as manganese oxide, iridium oxide, nickel oxide, cobalt oxide, iron oxide, tin oxide, indium oxide, ruthenium oxide, lithium oxide, and lanthanum oxide; and metal complexes such as a ruthenium
complex and a rhenium complex. As the anode catalyst, one type may be used alone, or two or more types may be used in combination (page 3, [0039]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the catalyst layer taught by Bahar with wherein the catalyst layer includes a catalyst containing nickel as a constituent element. The person with ordinary skill in the art would have been motivated to make this modification because Bahar on page 15, claim 18, and Oikawa in [0039] both teach anode catalysts with overlapping material. The substitution of art recognized equivalents as shown by Oikawa in [0039] is within the level of ordinary skill in the art. In addition the substitution of one anode catalyst for another is likely to be obvious when it does nothing more than yield predictable results.
Regarding claim 6, Bahar in view Oikawa and Omrani teach the water electrolysis cell according to claims 1-5 as applied above; and Bahar teaches a voltage applicator that is connected to the anode and the cathode and that applies a voltage between the anode and the cathode (= a power source is coupled with the anode and cathode to provide an electrical potential across the anode and the cathode to initiate electrolysis of water (page 2, [0020]); and a power source 14 (page 13, [0151])).
II. Claim(s) 2 stands rejected under 35 U.S.C. 103 as being unpatentable over Bahar et al. (US Patent Application Publication No. 2019/0264341 A1) in view of Oikawa et al. (US Patent Application Publication No. 2022/0290318 A1) and Omrani et al. (“Gas Diffusion Layers in Fuel
Cells and Electrolysers: A Novel Semi-Empirical Model to Predict Electrical Conductivity of Sintered Metal Fibres,” Energies (2019 Mar 5), Vol. 12, No. 5, pp. 1-17) as applied to claims 1 and 3-6 above, and further in view of Fadzillah et al. (“Review on Microstructure Modelling of a Gas Diffusion Layer for Proton Exchange Membrane Fuel Cells,” Renewable and Sustainable Energy Reviews (2017 Sep 1), Vol. 77, pp. 1001-1009).
Regarding claim 2, Bahar in view Oikawa and Omrani teach the method of at least claims 1 and 3-6 as applied above. The references do not explicitly teach wherein an average fiber diameter of the metal fiber is less than or equal to 30 μm.
Fadzillah teaches that:
Gas diffusion layers (GDL) are porous media that serve as one of the electrode components for membrane-electrode assembly (MEA) in PEMFCs. The main functions of GDL are for gas permeation to catalyst layer and water removal during fuel cell operation. GDL is a porous layer composed of randomly oriented carbon fibers that are either woven or non-woven [2]. The typical range of GDL thickness is between 200 and 400 µm, with fiber diameter in the range of 7-10 µm [3]. GDL is a vital component that performs a key function in PEMFC performance. Although GDL is not an electrochemical reaction site, it functions crucially to provide the reactants good access to the catalytic sites and effectively remove the reaction product, that is,
water, from the electrode [4]. In essence, GDL should effectively transport the gas reactants from the flow channel to the catalyst layer, have high electronic conductivity, have a surface that enhances good electronic contact, and have a proper wetting characteristic for low temperature applications [5] (page 1001, bridging paragraph).
Fiber structures have an important role related to the overall GDL resistance, especially
in reducing electrical and thermal resistance. Resistance can be reduced by increasing the total volume of the fiber cylinder. Hence, as the fiber diameter increases, the total resistance decreases. This theory is supported by studies from Hwang et al. [49]. However, studies on effect of the fiber diameter to fuel cell performance are scarce, which may be caused by the low effect on fuel cell performance compared with other parameters, such as porosity, thickness, and polytetrafluoroethylene (PTFE), and binder content. Typical fiber diameters are 5–10 µm [10,50]. Hiramitsu et al. [30] determined the average fiber diameter in his study to be approximately 10 µm (page 1003, right column, lines 42-53).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the average fiber diameter of the metal fiber taught by modified Bahar with wherein an average fiber diameter of the metal fiber is less than or equal to 30 μm. The person with ordinary skill in the art would have been motivated to make this modification because a fiber diameter in the range of 7-10 µm would have increased the electrical and thermal conductivity of the fiber as taught by Fadzillah on page 1003, right column, lines 42-53.
Continued Response
Claim Rejections - 35 USC § 103
III. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bahar et al. (US Patent Application Publication No. 2019/0264341 A1) in view of Oikawa et al. (US Patent Application Publication No. 2022/0290318 A1) and Omrani et al. (“Gas Diffusion Layers in Fuel Cells and Electrolysers: A Novel Semi-Empirical Model to Predict Electrical Conductivity of Sintered Metal Fibres,” Energies (2019 Mar 5), Vol. 12, No. 5, pp. 1-17) as applied to claims 1 and 3-6 above, and further in view of Fadzillah et al. (“Review on Microstructure Modelling of a Gas Diffusion Layer for Proton Exchange Membrane Fuel Cells,” Renewable and Sustainable Energy Reviews (2017 Sep 1), Vol. 77, pp. 1001-1009) and CN 203574057 (‘057).
Regarding claim 7, Bahar in view Oikawa and Omrani teach the method of at least claims 1 and 3-6 as applied above. The references do not explicitly teach wherein an average fiber diameter of the metal fiber is greater than or equal to 10 µm and less than or equal to 30 µm.
Fadzillah teaches that:
Gas diffusion layers (GDL) are porous media that serve as one of the electrode components for membrane-electrode assembly (MEA) in PEMFCs. The main functions of GDL are for gas permeation to catalyst layer and water removal during fuel cell operation. GDL is a porous layer composed of randomly oriented carbon fibers that are either woven or non-woven [2]. The typical range of GDL thickness is between 200 and 400 µm, with fiber diameter in the range of 7-10 µm [3]. GDL is a vital component that performs a key function in PEMFC performance. Although GDL is not an electrochemical reaction site, it functions crucially to provide the reactants good access to the catalytic sites and effectively remove the reaction product, that is,
water, from the electrode [4]. In essence, GDL should effectively transport the gas reactants from the flow channel to the catalyst layer, have high electronic conductivity, have a surface that enhances good electronic contact, and have a proper wetting characteristic for low temperature applications [5] (page 1001, bridging paragraph).
Fiber structures have an important role related to the overall GDL resistance, especially
in reducing electrical and thermal resistance. Resistance can be reduced by increasing the total volume of the fiber cylinder. Hence, as the fiber diameter increases, the total resistance decreases. This theory is supported by studies from Hwang et al. [49]. However, studies on effect of the fiber diameter to fuel cell performance are scarce, which may be caused by the low effect on fuel cell performance compared with other parameters, such as porosity, thickness, and polytetrafluoroethylene (PTFE), and binder content. Typical fiber diameters are 5–10 µm [10,50]. Hiramitsu et al. [30] determined the average fiber diameter in his study to be approximately 10 µm (page 1003, right column, lines 42-53).
CN ‘057 teaches that:
This utility model relates to a gas diffusion layer used in fuel cells or electrolyzers; specifically, it relates to a gas diffusion layer in a membrane electrode, which includes sintered metal fiber felt (ρ [0002]).
The equivalent diameter of the fiber used to provide the first metal fiber layer is less than 25 μm, preferably less than 20 μm; most preferably less than 15 μm. It is possible that more than one type of metal fiber with different equivalent diameters is used to provide the first metal fiber layer (ρ [0016]).
Preferably, the metal fibers used to provide the metal fibers are stainless steel fibers, nickel fibers, nickel alloy fibers, or Ti fibers (ρ [0023]).
It is possible that a suitable catalyst is placed to form a catalyst layer (contact layer) with its sides in direct contact with the PEM; on the other hand, the catalyst is placed directly on the surface of the PEM. Because the equivalent diameter of the first metal fiber layer used to
provide the diffusion layer is small and the basis weight of the layer is small, a very high degree of contact can be achieved between the contact layer and the PEM or directly between the diffusion layer and the PEM. In addition, because the first metal fiber layer of the diffusion layer
in contact with the PEM has a smaller equivalent diameter of fiber, it is more flexible and easily deformable; therefore, during use, the metal fibers extending from the basically flat surface of the contact layer or PEM will not pass through the PEM, but will bend onto the surface of the contact layer or PEM during the assembly and use of fuel cells or electrolyzers (ρ [0024]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the average fiber diameter of the metal fiber taught by modified Bahar with wherein an average fiber diameter of the metal fiber is
greater than or equal to 10 µm and less than or equal to 30 µm. The person with ordinary skill in the art would have been motivated to make this modification because a fiber diameter in the range of 7-10 µm would have increased the electrical and thermal conductivity of the fiber as taught by Fadzillah on page 1003, right column, lines 42-53; and because the equivalent diameter of the fiber used to provide a metal fiber layer is less than 25 μm would have provided a small diffusion layer and small basis weight of the layer, and thus, a very high degree of contact can be achieved between the contact layer (catalyst layer) and the exchange membrane, and because the metal fiber layer of the diffusion layer would have been more flexible and easily deformable, and therefore, during use, the metal fibers extending from the basically flat surface of the contact layer will not pass through the exchange membrane, but will bend onto the surface of the contact layer during the assembly and use of fuel cells or electrolyzers as taught by CN ‘057 in [0002] , [0016], [0023] and [0024].
IV. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bahar et al.
(US Patent Application Publication No. 2019/0264341 A1) in view of Oikawa et al. (US Patent
Application Publication No. 2022/0290318 A1) and Omrani et al. (“Gas Diffusion Layers
in Fuel Cells and Electrolysers: A Novel Semi-Empirical Model to Predict Electrical Conductivity of Sintered Metal Fibres,” Energies (2019 Mar 5), Vol. 12, No. 5, pp. 1-17) as applied to claims 1 and 3-6 above, and further in view of Lee et al. (“Operational Durability of Three-Dimensional Ni-Fe Layered Double Hydroxide Electrocatalyst for Water Oxidation,” Electrochimica Acta (2019 Aug 20), Vol. 315, pp. 94-101).
Regarding claim 8, Bahar in view Oikawa and Omrani teach the method of at least claims 1 and 3-6 as applied above. The references do not explicitly teach wherein the catalyst layer includes a catalyst containing Ni-Fe layered double hydroxide (LDH).
Bahar teaches wherein the anode catalyst is selected from the group consisting of: iridium, iridium oxides, platinum, ruthenium, ruthenium oxides, manganese oxides, nickel-cobalt oxides and perovskites (page 15, claim 18).
Lee teaches that:
In the present study, we investigated that the effect of fluctuation of power source on oxygen evolution reaction (OER) behavior. As an electrode material, three-dimensional Ni-Fe layered double hydroxide (LDH) was utilized in this study. Recently, Fe incorporated Ni oxide/hydroxide catalysts have received much attention owing to their outstanding OER activity [5-14]. Furthermore, due to their abundancy and cost-effectiveness as well as long-term stability of such non-noble transition metal components, they have been regarded as promising candidates for replacing precious metal-based catalysts including platinum (Pt), iridium (Ir), and ruthenium (Ru) [15-23] (pages 94-95, bridging paragraph).
Ni-Fe LDH realized onto Ni plate:
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167
165
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(page 95, Fig. 1(b)).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the catalyst layer taught by modified Bahar with wherein the catalyst layer includes a catalyst containing Ni-Fe layered double hydroxide (LDH). The person with ordinary skill in the art would have been motivated to make this modification because utilizing a three-dimensional Ni-Fe layered double hydroxide (LDH) as an electrode material would have had outstanding OER activity where Fe incorporated Ni oxide/hydroxide catalysts have been regarded as promising candidates for replacing precious metal-based catalysts including platinum (Pt), iridium (Ir), and ruthenium (Ru) due to their abundancy and cost-effectiveness as well as long-term stability of such non-noble transition metal components as taught by Lee on pages 94-95, bridging paragraph.
Response to Arguments
Applicant’s arguments filed August 3, 2026 have been fully considered but they are not persuasive. The standing prior art rejections have been maintained for the following reasons:
• Applicant state that however, the Office Action failed to provide any basis as to why Ni is particularly selected.
In response, Bahar teaches gas diffusion layers 39, 39′ (page 14, [0155]) wherein the gas diffusion media can comprise a material selected from the group consisting of: titanium, nickel, stainless steel and carbon (page 14, claims 8 and 10).
Oikawa teaches that:
Examples of the gas diffusion layer of the anode 22 include carbon paper and carbon cloth. Further, as the gas diffusion layer, a porous body such as a mesh material, a punching material,
a porous material, or a metal fiber sintered body may be used. Examples of the material of the porous body include metals such as titanium, nickel, and iron, and alloys (for example, SUS) of these metals (page 3, [0040]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention have substituted the nickel taught by Bahar on page 14, claims 8 and 10, with a nickel fiber sintered body as the gas diffusion layer of the anode as taught by Oikawa in [0040] because Omrani teaches that:
Metal foams, commonly Ni, Pb and Cu, are mostly used as electrodes in batteries [9]; Ni foam has also been used in fuel cells as flow field [10,11]. Sintered metal powders/fibres (Figure 1) are commonly used as GDLs in polymer electrolyte membrane (PEM) and solid oxide (SO) electrolysers or URFCs [9,10] instead of carbon-based GDLs that usually corrode rapidly in such hydrated environments. Sintered metal fibres or powders are of particularly high interest due to their strong mechanical properties that make them suitable for providing mechanical support for other components in applications such as high-pressure water electrolysis [6,9,12]. Sintered metal powders provide porosities lower than 50% [13,14], which is suitable for electrolyser applications [15]; on the other hand, sintered metal fibres can provide porosities higher than 50% that is suitable for applications such as PEMFCs or URFCs[16,17]. In these kinds of applications, the electrical conductivity plays a major role in the performance as higher conductivity translates into lower ohmic losses, and hence higher efficiency (pages 1-2, bridging paragraph).
One factor that contributes to the increase of the conductivity in porous metals is the increase in the path that electrons need to travel, i.e., the electrical tortuosity, due to the presence of nonconductive voids. This is illustrated in Figure 6. It can be seen that the electrons have to travel a longer path in a 10 of 17 porous metal in comparison to a bulk metal where they can travel in a straight line (page 11, lines 4-7; and Fig. 6:
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314
514
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).
Furthermore, as evidenced by CN 203574057 (‘057), CN ‘057 teaches a gas diffusion layer 12 used in a water (H2O) electrolytic cell (Fig. 1) which includes a sintered metal fiber felt (ρ [0002]) where the metal fibers used to provide the metal fibers are preferably nickel fibers (ρ [0023]).
• Applicant states that thus, the Office’s alleged motivation to combine Bahar and Oikawa has no basis for selecting Ni among other materials.
In response, there is no requirement that the presently claimed features be expressly articulated in one or more of the references. The teaching, suggestion or inference can be found not only in the references but also from knowledge generally available to one of ordinary skill in the art. Ashland Oil v. Delta Resins 227 USPQ 657 (CAFC 1985). The test for combining references is what the combination of disclosures taken as a whole would suggest to one of ordinary skill in the art. In re McLaughlin 170 USPQ 209 (CCPA 1971); In re Rosselet 146 USPQ
183 (CCPA 1960). References are evaluated by what they collectively suggest to one versed in
the art, rather than by their specific disclosures. In re Simon 174 USPQ 114 (CCPA 1972); In re Richman 165 USPQ 509, 514 (CCPA 1970).
Oikawa’s express teachings of using a nickel fiber sintered body as suitable for
the gas diffusion layer of an anode of an electrochemical device in [0040] combined with the teachings of Omrani on pages 1-2, bridging paragraph, and page 11, lines 4-7; and Fig. 6, would have provided reasons for one of ordinary skill in the art to select it. See Merck & Co. V. Biocraft Labs., Inc., 874 F.2d 804, 807 (Fed. Cir. 1989) (“That the ‘813 patent discloses a multitude of
effective combinations does not render any particular formulation less obvious.”).
Furthermore, as evidenced by CN 203574057 (‘057), CN ‘057 teaches a gas diffusion layer 12 used in a water (H2O) electrolytic cell (Fig. 1) which includes a sintered metal fiber felt (ρ [0002]) where the metal fibers used to provide the metal fibers are preferably nickel fibers (ρ [0023]).
• Applicant states that Omrani at most disclose titanium fibers and copper fibers, but does not disclose nickel fibers.
In response, the rejection is not overcome by pointing out that one reference does not contain a particular limitation when reliance for that teaching is on another reference. In re Lyons 150 USPQ 741 (CCPA 1966). Moreover, it is well settled that one cannot show nonobviousness by attacking the references individually where, as here, the rejection is based on a combination of references. In re Keller 208 USPQ 871 (CCPA 1981); In re Young 159 USPQ 725 (CCPA 1968).
Furthermore, as evidenced by CN 203574057 (‘057), CN ‘057 teaches a gas diffusion layer 12 used in a water (H2O) electrolytic cell (Fig. 1) which includes a sintered metal fiber felt (ρ [0002]) where the metal fibers used to provide the metal fibers are preferably nickel fibers (ρ [0023]).
• Applicant states that the Office Action, however, fails to provide any reason why Ni is more probably used for the sintered metal fiber than Ti.
In response, the disclosure of reference must be considered for what it fairly teaches one of ordinary skill in the art, pertinence of non-preferred disclosure must be reviewed in such light. In re Meinhardt 157 USPQ 270; and MPEP § 2123 and § 2141.02(VI).
All disclosures of the prior art, including non-preferred embodiments, must be considered, In re Lamberti and Konort, 192 USPQ 278 (CCPA 1967). All disclosure in the prior art, not just specific examples, must be evaluated for what it fairly teaches those of ordinary skill in the art, In re Snow and Steinhards,176 USPQ, 328, 329 (CCPA 1973). Non-preferred embodiments can be indicative of obviousness, see Merck & Co. v. Biocraft Laboratories Inc. 10 USPQ 2d 1843 (Fed. Cir. 1989); In re Lamberti, 192 USPQ 278 (CCPA 1976); In re Kohler, 177 USPQ 399.
• Applicant states that since the use of Ni as claimed exhibited superior results as disclosed in the present application, and thus the claims would not have been obvious over the cited references.
In response, apparatus claims cover what the device is, not what a device does (MPEP § 2114).
Furthermore, the testing of the nickel metal fibers described for their ability suppress an increase in overvoltage is not commensurate in scope with the present claims. The present claims are more generic than what was tested and what was tested was not representative of the overall broadness of what is presently claimed, i.e., the ability to suppress an increase in overvoltage only works for what was specifically tested. The water electrolysis cell of Examples
1 and 2 use a specific average fiber diameter , porosity and thickness of the anode gas diffusion layer, which is narrower than what is claimed in claim 1.
• Applicant states that the Office Action, however, fails to provide any technical or factual basis as to why the diameter range for carbon fibers disclosed by Fadzillah would also be
suitable or workable for other types of fibers, e.g., metal fibers.
In response, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Omrani teaches that sintered metal powders/fibres (Figure 1) are commonly used as GDLs in polymer electrolyte membrane (PEM) and solid oxide (SO) electrolysers or URFCs [9,10] instead of carbon-based GDLs that usually corrode rapidly in such hydrated environments (pages 1-2, bridging paragraph).
Furthermore, as evidenced by CN 203574057 (‘057), CN ‘057 teaches a gas diffusion layer 12 used in a water (H2O) electrolytic cell (Fig. 1) which includes a sintered metal fiber felt (ρ [0002]) where the metal fibers used to provide the metal fibers are preferably nickel fibers (ρ [0023]). The equivalent diameter of the fiber used to provide the first metal fiber layer is less
than 25 μm, preferably less than 20 μm; most preferably less than 15 μm (ρ [0016]).
Citations
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP 2017174604 is cited to teach that the gas diffusion electrode for a fuel cell comprises a gas diffusion layer on the electrode catalyst layer, the gas diffusion layer has a particle layer and a fiber layer, and the particle layer is in contact with the catalyst layer (page 2, lines 25-27).
CN 109301258 is cited to teach a gas diffusion layer for a fuel cell is prepared by coating a gas diffusion layer slurry onto one side of carbon paper and then sintering it. The gas diffusion layer slurry includes PTFE, carbon powder, and porous nanofiber nickel powder (ρ [0010]).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDNA WONG whose telephone number is (571) 272-1349. The examiner can normally be reached Monday-Friday, 7:00 AM- 3:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luan Van can be reached at (571) 272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDNA WONG/Primary Examiner, Art Unit 1795
1 i.e., an unalloyed nickel.
Prosecution Insights