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
Applicant's election with traverse of Group I, claims 1-3 and 5, in the reply filed on August 19, 2026 is acknowledged. The traversal is on the ground(s) that as can be seen, the amendments include special technical features that define a contribution of each of the claimed inventions over the prior art. This is not found persuasive because Groups I and II lack unity of invention because even though the inventions of these groups require the technical feature of the cathodic half-cell, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Young et al. (US Patent Application Publication No. 2017/0141406 A1) and Yoshinaga et al. (US Patent Application Publication No. 2019/0071784 A1).
The requirement is still deemed proper and is therefore made FINAL.
Accordingly, claims 6 and 8 (method) are withdrawn from consideration as being directed to a non-elected invention.
Drawings
The drawings were received on December 21, 2023. These drawings are acceptable.
Claim Objections
Claims 3 and 5 are objected to because of the following informalities:
Claim 3
Line 1, please insert the word -- wherein -- after the number “1,”.
Line 2, please amend the word “having” to the word -- further has --.
This is an instance where the article should be changed to ensure a further limitation of the claim terminology.
Claim 5
Line 2, please amend the words “a group” to the words -- the group consisting of --.
A Markush-type claim recites alternatives in a format such as “selected from the group consisting of A, B and C” (MPEP § 2173.05(h)).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claim 5 is 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 5
Lines 2-4, recite “at least one support material selected from a group formed by carbon black particles, carbon fiber webs, carbon fiber weaves, stainless steel webs, stainless steel weaves and stainless steel meshes”.
Claim 1, lines 10-11, recite “wherein the first catalyst layer comprises a fine network of a corrosion-resistant support material to which the first catalyst material is applied”.
It is unclear from the claim language what the relationship is between the corrosion-resistant support material and the at least one support material.
Claim Rejections - 35 USC § 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 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.
I. Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young et al.
(US Patent Application Publication No. 2017/0141406 A1) in view of Yoshinaga et al. (US Patent Application Publication No. 2019/0071784 A1).
Regarding claim 1, Young teaches an electrolysis cell (= electrochemical cells) [page 1, [0002]] for polymer electrolyte membrane electrolysis (= the anode and cathode half-reactions in hydrogen gas fuel cells) [page 1, [0007]] having a cathodic half-cell (= the cathode half-cell reaction) [page 1, [0007]] and an anodic half-cell (= the anode half-cell reaction) [page 1, [0007]], wherein the cathodic half-cell and the anodic half-cell are separated from one another by means of a polymer electrolyte membrane (= a polymer electrolyte membrane 16 interposed between anode catalyst layer 8 and cathode catalyst layer 14) [page 2, [0029]], the cathodic half-cell having:
• a first catalyst material designed for catalysis (= the first, second, and third catalysts may be platinum, gold, ruthenium, iridium, cobalt, nickel, molybdenum, palladium, iron, tin, titanium, manganese, cerium, chromium, copper, and tungsten, and alloys, solid solutions, and intermetallic compounds thereof) [page 3, [0032]],
• a second catalyst material designed for catalysis of a reduction of hydrogen ions1 (= the first, second, and third catalysts may be platinum, gold, ruthenium, iridium, cobalt, nickel, molybdenum, palladium, iron, tin, titanium, manganese, cerium, chromium, copper, and tungsten, and alloys, solid solutions, and intermetallic compounds thereof) [page 3, [0032]],
۰ where the first catalyst material has been introduced into a first catalyst layer (= a
second cathode catalyst sublayer 20) [page 2, [0029]] and the second catalyst material into a
second catalyst layer other than the first catalyst layer (= a first cathode catalyst sublayer 18) [page 2, [0029]], and
۰ where the first catalyst layer is arranged directly adjacent to the second catalyst layer
(=
PNG
media_image1.png
651
660
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Greyscale
) [Fig. 1];
۰ wherein the first catalyst layer comprises a fine network of a corrosion-resistant
support material (= furthermore, while only carbon and graphitized carbon supports have been discussed, it is contemplated that other carbon supports, such as carbon nanotubes and carbon nanofibers,2 and non-carbon supports, such as oxide supports, may also be substituted for the supports described herein) [page 4, [0044]] to which the first catalyst material is applied (=
second cathode catalyst sublayer 20 comprising a third catalyst supported on a third support)
[page 2, [0029]];
۰ wherein the first catalyst material is selected from a group consisting of platinum/nickel, platinum/palladium, platinum/lead/platinum, platinum/ruthenium, core-shell
catalyst materials, base metal catalyst materials, metal oxides, and mixtures thereof (= the first, second, and third catalysts may be platinum, gold, ruthenium, iridium, cobalt, nickel, molybdenum, palladium, iron, tin, titanium, manganese, cerium, chromium, copper, and tungsten, and alloys, solid solutions, and intermetallic compounds thereof) [page 3, [0032]]; and
۰ wherein the second catalyst layer is applied directly on the polymer electrolyte membrane (= a first cathode catalyst sublayer 18 adjacent membrane 16) [page 2, [0029]].
Young does not explicitly teach wherein the first catalyst is designed for catalysis of a reduction of molecular oxygen.
Young teaches that:
The first, second, and third catalysts may be platinum, gold, ruthenium, iridium, cobalt, nickel, molybdenum, palladium, iron, tin, titanium, manganese, cerium, chromium, copper, and tungsten, and alloys, solid solutions, and intermetallic compounds thereof. The first catalyst may be the same or different from the second and third catalyst. In addition, the second catalyst may be the same or different than the third catalyst (page 3, [0032]).
Like Young, Yoshinaga teaches a membrane electrode assembly (page 1, [0002]).
When the electrode 11 as the cathode is used for the fuel cell or the oxygen reduction oxidation reaction of the oxygen-reducing element, the catalyst containing platinum such as Pt, PtCo, PtFe, PtNi, PtPd, PtIr, PtRu, and PtSn is preferably used for the catalyst layer 14. In addition, the metal catalyst, a nitrogen-substituted carbon catalyst, an oxide catalyst and the like may be used for the catalyst layer 14 (page 2, [0035]).
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 first catalyst taught by Young with
wherein the first catalyst is designed for catalysis of a reduction of molecular oxygen. The
person with ordinary skill in the art would have been motivated to make this modification
because Young teaches that alloys of platinum, ruthenium, nickel and palladium are suitable selections for the third catalyst in [0032] where catalysts containing PtNi, PtPd and PtRu would have catalyzed the oxygen reduction oxidation reaction of an oxygen-reducing element
as taught by Yoshinaga in [0035].
Regarding claim 2, Young teaches wherein the second catalyst layer is arranged directly adjacent to the polymer electrolyte membrane (=
PNG
media_image2.png
649
667
media_image2.png
Greyscale
) [Fig. 1].
Regarding claim 3, Young teaches the cathodic half-cell having: a gas diffusion layer arranged directly adjacent to the first catalyst layer (= a second cathode catalyst sublayer 20
adjacent cathode gas diffusion layer 12) [page 2, [0029]].
II. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young et al.
(US Patent Application Publication No. 2017/0141406 A1) in view of Yoshinaga et al. (US Patent Application Publication No. 2019/0071784 A1) as applied to claims 1-3 above, and further in view of JP 2004111191 (‘191).
Regarding claim 5, Young and Yoshinaga teach the electrolysis cell of at least claims 1-3 as applied above. The references do not explicitly teach wherein the first catalyst layer includes at least one support material selected from a group formed by carbon black particles, carbon fiber webs, carbon fiber weaves, stainless steel webs, stainless steel weaves and stainless steel meshes.
Young teaches that:
The first, second, and third catalyst supports may be a carbonaceous support, such as activated carbon, carbon black, carbon that is at least partially graphitized, and graphite. In specific embodiments, the first catalyst support is a carbon black while the second support is graphitized carbon. As a person skilled in the art will appreciate, the graphitization level of the carbon support can be measured via a number of techniques, such as high resolution TEM spectroscopy, Raman spectroscopy, and XPS (x-ray photoemission spectra) [page 3, [0033]].
Like Young, JP ‘191 teaches membrane-electrode assemblies (MEA) [ρ [0001]].
Generally, carbon-based materials can be used as examples for the first and second carriers, considering the need to ensure conductivity and corrosion resistance. In this case, at least one of the following can be given as an example: carbon particles such as carbon black, graphite, carbon nanotubes, and carbon nanohorns, or carbon fibers such as carbon nanofibers. Considering cost, power generation performance, etc., high-structure carbon black with excellent heat transfer properties can be used. High-structure carbon black is a product in which carbon black particles are aggregated. Considering oxidation suppression, a carbon-based material in which graphitization has progressed can be used as an example. In some cases, ceramic particles or
fibers may be used as the first and second support materials to suppress thermal degradation
(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 first catalyst layer taught by Young
with wherein the first catalyst layer includes at least one support material selected from a group formed by carbon black particles, carbon fiber webs, carbon fiber weaves, stainless steel webs, stainless steel weaves and stainless steel meshes. The person with ordinary skill in the art
would have been motivated to make this modification because Young teaches that the third catalyst support may be a carbonaceous support such as carbon black in [0033] where carbon particles such as carbon black is a carrier for catalyst materials which would have ensured conductivity and corrosion resistance and where high-structure carbon black has excellent heat transfer properties as taught by JP ‘191 in [0024].
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.
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organization where this application or proceeding is assigned is 571-273-8300.
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/EDNA WONG/Primary Examiner, Art Unit 1795
1 Functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function (MPEP § 2114).
2 Carbon nanofibers are tiny, cylindrical strands made of carbon atoms with diameters measuring in nanometers.
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