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 .
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.
Claim(s) 1, 3-7 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nara (US 20120305389 A1)
In regards to claim(s) 1, Nara discloses an electrode (cathode) for hydrogen evolution ([0103]) comprising a (top) catalyst layer formed on the cathode substrate, comprising at least, three elements of platinum (5≤ x ≤ 90 mol %), palladium (5≤ y ≤ 55 mol %) and cerium (5≤ z ≤ 65 mol %), each in a state of metal, metal oxide, or hydroxide (claim 1), which overlaps the instantly claimed range of 15-40 wt. %, 10-30 wt. %, and 40-75 wt.% and therefore establishes a case of prima facie obviousness. See MPEP 2144.05 I. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the claimed range from the broader prior art range because prior art teaches the same utility over the entire range. Nara also discloses an under layer (claim 6) that comprises platinum (Table 5; sample no.15 or 16).
In regards to claim(s) 3, Nara discloses cerium as the rare earth metal (claim 1).
In regards to claim(s) 4, Nara discloses noble metal catalytic loading of 2.6 g/cm2 (Table 5; sample 16).
In regards to claim(s) 5, Nara discloses a method of making the cathode comprises applying first and second solutions to a metal substrate, each with respective heat treatments at 500°C (Example 11; [0096]-[0097]); please note that steps of repeating and drying are claimed as being “optionally” done.
In regards to claim(s) 6, Nara discloses the first solution contains platinum (Example 11) and the second solution comprises Pt, Pd, Ce and La (Example 11), and also discloses praseodymium as being added as a rare earth element ([0066]).
In regards to claim(s) 7, Nara discloses a cell with anode and cathode compartments separated by a membrane to perform electrolysis ([0081]-[0082]).
In regards to claim(s) 9-10, Nara discloses producing hydrogen by water electrolysis ([0081]-[0082]).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nara (US 20120305389 A1) in view of Funakawa (US 20120279853 A1).
In regards to claim(s) 2, Nara does not disclose wherein the underlayer consists of platinum or platinum and palladium.
Funakawa pertains to cathode for electrolysis cell (title) and is therefore in the same field of endeavor as Nara. Funakawa discloses a first layer of Pd:Pt 20:80 (Table 1; example 8). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Nara’s cathode with Funakawa’s first layer because Funakawa teaches that such allows for low hydrogen overvoltage and degradation and peel-off of the catalysis layer is reduced against reverse current generated when electrolysis is stopped (Funakawa, abstract).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nara in view of Moon (US 20180274112 A1).
In regards to claim(s) 8, Nara does not disclose a plurality of cells in a stack.
Moon pertains to electrochemical cells (abstract) and is therefore in the same field of endeavor as Nara. Moon discloses a plurality of unit electrochemical cells in a stack (Fig. 3; [0022]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Nara with Moon’s stack because Moon teaches that such is required in order to obtain a desired amount of products during an electrolysis reaction (Moon, [0022]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Xue (US 20230107452 A1) discloses an interlayer than can withstand polarity reversal (abstract). Park (US 20230295819 A1) discloses multi-layer lamination resulting in reduced delamination (abstract). Brichese (US 20150308004 A1) discloses an internal layer consisting of platinum ([0009]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A SMITH whose telephone number is (571)272-8760. The examiner can normally be reached M-F 7:30am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Srilakshmi Kumar can be reached at (571)272-7769. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752
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