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 .
Response to Arguments
The examiner is withdrawing the rejections in the previous Office Action because
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, This Action Is Made Final.
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 of this title, 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.
1. Claims 1, 2, are rejected under 35 U.S.C. 103 as being unpatentable over Owejan et al. (US 20090181235) in view of Ueda (US 20120315567).
2. Regarding claims 1 and 2, Owejan teaches a method (FIG. 1 illustrates a process according to one embodiment [0009]; FIG. 2 illustrates a process according to one embodiment. [0010]). comprising: preparing an electrode that is operable in an alkaline or an anion exchange electrochemical device operating with an anion exchange membrane (AEM) (The use of other types of membranes 12, such as…anion-exchange membranes are also within the scope of the invention [0031]) from a substrate (a decal blank 26 is provided [0019], Fig. 1) comprising a gas diffusion layer (GDL) or a porous transfer layer (PTL) (Referring again to the microporous layers 22 in one embodiment the microporous layer 22 [0027], Fig. 1) to form therefrom a gas diffusion electrode (GDE) or a porous transport electrodes (PTE) as the electrode respectively (see electrode, Fig. 1), wherein preparing the electrode is carried out by: applying a mixture comprising a catalyst dispersion (the decal and microporous layer combination was coated with an appropriate catalyst ink [0028]; the catalyst layers 18…are coated directly over the microporous layer 22 [0030, Figure 2; the cathode electrode 18…may be catalyst layers which may include catalyst particles such as platinum, and an ion conductive material such as a proton conducting ionomer, intermingled with the particles. The proton conductive material may be an ionomer such as a perfluorinated sulfonic acid polymer [0033]) and a hydrophobic binder dispersion directly onto one side of the substrate (Referring again to the microporous layer 22…in one embodiment the microporous layer 22…may include a plurality of particles, for example including graphitized carbon or carbon blacks and a binder. In one embodiment the binder may include a hydrophobic agent or polymer…The particles and binder may be included in a liquid phase which may be, for example, a mixture of an organic solvent and water to provide dispersion [0027]), and hot pressing the substrate with the applied mixture (The decal 26 with the first microporous layer 22 and the cathode catalyst layer 18 is hot pressed [0020]), wherein the hot pressing is carried out at or near a glass transition temperature (Tg) of the binder to create a fine net of binder throughout the electrode (simultaneously hot pressing the first microporous layer and the first catalyst layer, see claim 5).
3. They are silent hot pressing is carried out at or near a glass transition temperature (Tg) of the binder.
4. Ueda teaches polymer electrolyte included in the…cathode catalyst layer 18 is preferably excellent in proton conductivity, heat resistance, and chemical stability. Specifically, the polymer electrolyte is preferably a perfluorosulfonic acid-based polymer material [0099] for the benefit of the glass transition temperature Tg thereof is comparatively low, and is easily fluidized when subjected to hot pressing, which allows easy achievement of the anchor effect with the needle-like second water-repellent resin material [0099]
Since Owejan and Ueda desire perfluorosulfonic acid-based polymer as catalyst material, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Owejan with Ueda’s teachings for the benefit of the glass transition temperature Tg thereof is comparatively low, and is easily fluidized when subjected to hot pressing, which allows easy achievement of the anchor effect with the needle-like second water-repellent resin material.
5. Furthermore, Owejan modified by Ueda would necessarily create a fine net of binder throughout the electrode.
6. Claims 4-8, 10, 12, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Owejan et al. (US 20090181235) in view of Ueda (US 20120315567) as applied to claim 1 in view of Gonzalez-Martin et al. (US 6149810).
7. Regarding claims 4-8, 10, 12, 14, Gonzalez-Martin teaches a method comprising preparing a cell element (a PEM-impregnated high surface area palladium black-catalyzed, gas-diffusion electrode was used as the cathodic electrode material (Example 2); Preferred conditions for the preparation of M&E assemblies were found to consist of a hot press temperature of 215° C., a hot pressing time of 45 seconds and a hot press pressure in the range 3,000 psi to 14,000 psi (col. 10 ln 27-20)) that is operable in an alkaline or an anion exchange electrochemical device operating with an anion exchange membrane (AEM) (wherein the ion exchange material comprises a layer of cation exchange material and a layer of anion exchange material (see claim 27)) by: applying a mixture comprising a catalyst dispersion and a binder dispersion directly onto the cell element (The palladium electrocatalyst layer was prepared by adding 3 ml of water to 1.68 g of high surface area palladium black powder (Johnson Matthey, Inc.) and sonicated for 20 minutes. 0.22 g of Teflon emulsion (available from DuPont) was added to this mixture, followed by 20 minutes of additional sonication, the mixture was then applied to one side of a commercially available gas-diffusion electrode (E-TEK, Inc.), Example 2), and hot pressing the cell element with the applied mixture (PEM-impregnated gas diffusion electrodes can be hot-pressed onto both sides of a purified proton exchange membrane, using a Carver hot press, to produce a membrane and electrode (M&E) assembly (col. 10 ln 12-14)), wherein the cell element comprises:
a gas diffusion electrode (GDE) in which the mixture is directly applied (The palladium electrocatalyst layer was prepared by adding 3 ml of water to 1.68 g of high surface area palladium black powder (Johnson Matthey, Inc.) and sonicated for 20 minutes. 0.22 g of Teflon emulsion (available from DuPont) was added to this mixture, followed by 20 minutes of additional sonication, the mixture was then applied to one side of a commercially available gas-diffusion electrode (E-TEK, Inc.), Example 2) and hot-pressed onto one side of a gas diffusion layer (GDL) (Non-uniform thickness in the gas diffusion layer after hot pressing (col. 12 ln 10-12);
…oxygen reduction electrocatalyst layer 14 of the gas diffusion cathode. This electrocatalyst layer 14 may be comprised of Teflon-bonded platinum black or carbon-supported high surface area platinum. The gas diffusion layer 16 of the gas diffusion electrode is integrally formed onto the catalyst layer 14 (col. 20 ln 66-col. 21 ln 4)).
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8. Regarding claim 4, Gonzalez-Martin teaches wherein the applying of the mixture is carried out by sonicating (The palladium electrocatalyst layer was prepared by adding 3 ml of water to 1.68 g of high surface area palladium black powder (Johnson Matthey, Inc.) and sonicated for 20 minutes. 0.22 g of Teflon emulsion (available from DuPont) was added to this mixture, followed by 20 minutes of additional sonication, Example 2)) and spraying the mixture onto the cell element (For example, a 5% solution of perfluorosulfonic acid, available from DuPont as NAFION, can be sprayed onto PFSA tubes and/or sheets using an air brush (col. 14 ln 17-20).
9. Regarding claim 7, Gonzalez-Martin teaches further comprising preparing a membrane electrode assembly (MEA) that is operable in the alkaline or anion exchange electrochemical device (PEM-impregnated gas diffusion electrodes can be hot-pressed onto both sides of a purified proton exchange membrane, using a Carver hot press, to produce a membrane and electrode (M&E) assembly (col. 10 ln 12-14) and comprises a hydrogen-side electrode and an oxygen-side electrode separated by a membrane, with catalyst layers between each electrode and the membrane, by preparing adjacent cell elements with the coated catalyst layer (Referring to FIG. 1, a cross-sectional side view of a depolarized ozone electrolysis cell 10 is shown. A proton exchange membrane (PEM) or a solid polymer electrolyte (SPE) 12, such as a perfluorinated sulfonic acid polymer, is disposed in the center of the cell. Bonded to one side (the cathodic side) of the solid electrolyte 12 is the electronically conducting, semi-hydrophobic, oxygen reduction electrocatalyst layer 14 of the gas diffusion cathode. This electrocatalyst layer 14 may be comprised of Teflon-bonded platinum black or carbon-supported high surface area platinum. The gas diffusion layer 16 of the gas diffusion electrode is integrally formed onto the catalyst layer 14 (col. 20 ln 60-col. 21 ln 4))
10. Regarding claim 8, Gonzalez-Martin teaches comprising coating one of the catalyst layers on a gas diffusion layer (GDL) of the hydrogen-side electrode and coating another one of the catalyst layers on a porous transport layer (PTL) of the oxygen-side electrode (The gas diffusion cathode consists of two layers: a semi-hydrophobic reaction layer (thickness of 5 μm to 100 μm) and a hydrophobic gas diffusion layer optionally having an imbedded metallic current collector or a carbon cloth or carbon fiber paper (col. 11 ln 41-45); An alternative electrode backing material with a smoother more uniform surface, such as porous carbon paper (col. 12 ln 24-26))
11. Regarding claim 10, Gonzalez-Martin teaches comprising coating one of the catalyst layers on a gas diffusion layer (GDL) of the hydrogen-side electrode and coating another one of the catalyst layers on a side of the membrane which faces the oxygen-side electrode (The anodic and cathodic structures each had an active area of 25 cm2. The anodic and cathodic electrocatalyst layers were impregnated with a 5 wt % NAFION solution in a mixture of lower aliphatic alcohols and 10% water (obtained from Aldrich Chemical Company) and dried, yielding PEM loadings of approximately equal to 0.6 mg. cm-2. The PEM-impregnated cathodic gas diffusion electrode was bonded to one side of a precleaned Dow experimental proton exchange membrane (XUS-13204.20) by means of hot-pressing under optimum conditions as described previously. The PEM impregnated lead dioxide-plated porous titanium substrate (as the anodic electrode) was placed on the other side of the Dow proton exchange membrane (Example 1))
12. Regarding claim 14, Gonzalez-Martin teaches further comprising configuring the alkaline or anion exchange electrochemical device as a fuel cell, an electrolyzer or as a reversible dual device (The present invention relates to the use and manufacture of proton exchange membranes and their application in membrane and electrode assemblies for fuel cells, electrolyzers (Field of Invention)).
13. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Owejan with Gonzalez-Martin passages in the membrane extend from one edge of the membrane to another and allow fluid flow through the membrane and give access directly to the membrane (abstract).
14. Claims 3, 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Owejan et al. (US 20090181235) in view of Ueda (US 20120315567) in view of Gonzalez-Martin et al. (US 6149810) in view of Sompalli et al. (US6524736) and further in view of Oschmann (US 20070298302).
15. Regarding claims 3, 11 and 13, the complete discussion of modified Owejan is incorporated herein. However, they are silent about claims 3, 11, and 13.
16. Sompalli teaches a method (see Figures below) comprising preparing a cell element that is operable in an alkaline or an anion exchange electrochemical device (membrane electrode assembly 12 of fuel cell 10, Figure 10 column 3 lines 32-33), by: applying a mixture comprising a catalyst dispersion and a binder dispersion onto the cell element, and hot pressing the cell element with the applied mixture (see Figures below) for the benefit of preventing electrode shrinkage and subsequent cracking of the electrodes (Summary).
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17. Oschmann teaches protecting the uncoated side of the membrane during the hot pressing by coating with binder and optionally reinforcing the uncoated side (A polyamide sealing rim (cf. example 1; window size 68.times.68 mm; thickness: 75 micron; external dimensions 100.times.100 mm) is centered on the uncoated membrane side and the overall structure is pressed between two PTFE plates in a hot press [0036]) for the benefit of catalyst-coated ion-conducting membrane and a membrane-electrode assembly (MEA) for electrochemical devices, in particular for fuel cells (abstract)
18. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Owejan with Sompalli to preventing electrode shrinkage and subsequent cracking of the electrodes, in addition to using Oschmann’s teachings for the benefit of catalyst-coated ion-conducting membrane and a membrane-electrode assembly (MEA) for electrochemical devices, in particular for fuel cells.
Conclusion
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 OLATUNJI GODO whose telephone number is (571)272-3104. The examiner can normally be reached 8:00 am - 5:30 pm.
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/OLATUNJI A GODO/Primary Examiner, Art Unit 1752
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