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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Briguglio (“Flammability reduction in a pressurized water electrolyzer based on a thin polymer electrolyte membrane through a Pt-alloy catalytic approach”; Applied Catalysis B: Environmental; 2019; pages 254-265).
Regarding claim 1, Briguglio discloses an electrode structure (abstract) comprising:
an electrolyte membrane (abstract; page 255, col. 2, paragraph 2; page 256, col. 1, paragraphs 4-7);
a plurality of anode catalyst particles located on an anode side of said electrolyte membrane and used for electrolyzing water into a hydrogen ion, oxygen, and an electron (page 256, col. 1, paragraph 6 to page 257, col. 1, first paragraph and section 3.2 on page 257; page 259, col. 1, second paragraph - the catalysts are in the form of fine particles);
a plurality of cathode catalyst particles located on a cathode side of said electrolyte membrane and used for combining said hydrogen ion and said electron with each other to produce hydrogen (page 255, col. 2, paragraph 5; page 256, col. 1, paragraph 4 and col. 2, last paragraph to page 257, col. 1, first paragraph – the catalysts are in the form of fine particles); and
a recombination layer formed between an anode-side surface of said electrolyte membrane and said anode catalyst particles (abstract; page 256, col. 1, paragraph 6; page 257, col. 1, section 3.2; figure 7c on page 259 – a Pt-Co alloy/recombination layer was coated onto the membrane and the IrRuOx layer was coated on the top to form a dual layer anode. The Pt-Co alloy showed excellent recombination properties),
wherein said anode catalyst particles contain iridium oxide, or an alloy of iridium and ruthenium (page 256, col. 1, paragraph 6), and
said recombination layer contains platinum (page 256, col. 1, paragraph 6; page 257, col. 1, section 3.2; figures 7a-c on page 259).
Regarding claim 5, Briguglio further teaches water electrolyzer comprising the electrode structure according to claim 1 (pages 254-255 under Introduction).
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 non-obviousness.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Briguglio as applied to claim 1 above, and further in view of Omosebi et al. (US Patent Application Publication no. 2015/0064605).
Regarding claim 2, Briguglio teaches all the features discussed above, but fails to disclose an anode porous layer stacked on an external side of said recombination layer, wherein said anode catalyst particles are supported in said anode porous layer.
Omosebi discloses an electrode assembly comprising an anode porous layer (40 - abstract; paragraph 20; figure 1) stacked on an external side of a recombination layer (44; paragraph 20 – catalytic surface 44 has properties for promoting recombination of an electron and proton with another chemical specie), wherein anode catalysts are supported in said anode porous layer (40 – the surface of the anode may be porous and the catalyst is supported in said porous surface; paragraph 20). This arrangement provides a planar, low weight, portable electrochemical cell.
It would have been obvious to one having ordinary skill in the art at the time of filing to provide an anode porous layer with a catalyst stacked on an external side of the recombination layer of Briguglio, as taught by Omosebi, in order to effectively promote the liberation of a proton and an electron from a chemical species and/or or the recombination of a proton and an electron with a chemical specie with a reasonable expectation of success in doing so.
Regarding claim 3, Omosebi discloses an anode catalyst layer stacked on an external side of said recombination layer (44); and an anode porous layer (40) stacked on an external side of said anode catalyst layer (the catalyst can be coated as a layer; paragraph 20) in order to effectively promote the liberation of a proton and an electron from a chemical species and/or or the recombination of a proton and an electron with a chemical specie. Briguglio further discloses catalysts in the form of fine particles (page 256, col. 1, paragraph 6 and col. 2, last paragraph to page 257, col. 1, first paragraph).
Regarding claim 4, Omosebi teaches anode catalysts supported in said anode porous layer in order to effectively promote the liberation of a proton and an electron from a chemical species and/or or the recombination of a proton and an electron with a chemical specie (paragraph 20). Briguglio further discloses catalysts in the form of fine particles (page 256, col. 1, paragraph 6 and col. 2, last paragraph to page 257, col. 1, first paragraph).
Conclusion
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/ZULMARIAM MENDEZ/Primary Examiner, Art Unit 1794
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