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 .
Priority
Acknowledgement has been made of applicant’s claim for priority under 35 USC 119 (a-d). The certified copy has been filed on 2/26/2024.
Information Disclosure Statement
The Information Disclosure Statement (IDS) filed 2/26/2024 has been placed in the application file and the information referred to therein has been considered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following limitation must be shown or the feature(s) canceled from the claim(s). No new matter should be entered:
“a first gasket disposed between the ion exchange membrane and the first gas diffusion layer; and
a second gasket disposed between the ion exchange membrane and the second gas diffusion layer” as recited in claim 4.
Although figure 5 disposes the first gasket 130-4 and 2nd gasket 130-5 disposed between the first gas diffusion layer 130-1 and the second gas diffusion layer 130-2, it is noted that the final product of the fuel cell is not stacked in this order because the first gas diffusion layer 130-1 is fitted into the central opening of the first gasket 130-4, and second gas diffusion layer 130-2 is fitted into the central opening of the first gasket 130-5. See figure 13 and the Specification page 13, 2nd paragraph.
Figure 13 is objected to:
Where are the hydrogen and oxygen inlet and outlet?
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The Specification is objected to:
The Specification page 11, 3rd paragraph states:
The first gasket 130-4 may be disposed between the first gas diffusion layer 130-1 and the ion exchange membrane 130-3, and the second gasket 130- 5 may be disposed between the second gas diffusion layer 130-2 and the ion exchange membrane 130-3. (emphasis added)
The Specification page 13, 2nd paragraph states:
In addition, the horizontal and vertical lengths and cross-sectional areas of the first gas diffusion layer 130-1, the ion exchange membrane 130-3, and the second gas diffusion layer 130-2 may all the same or have no substantially large difference such that the first gas diffusion layer 130-1, the ion exchange membrane 130-3, and the second gas diffusion layer 130-2 may be fitted and coupled into the central openings of the first gasket 130-4 and the second gasket 130-5. (emphasis added)
It is unclear as to how the first gasket 130-4 may be disposed between the first gas diffusion layer 130-1 and the ion exchange membrane 130-3, and the second gasket 130- 5 may be disposed between the second gas diffusion layer 130-2 and the ion exchange membrane 130-3, when the first gas diffusion layer 130-1 is fitted into the central opening of the first gasket 130-4, and second gas diffusion layer 130-2 is fitted into the central opening of the first gasket 130-5?
Although figure 5 disposes the first gasket 130-4 and 2nd gasket 130-5 disposed between the first gas diffusion layer 130-1 and the second gas diffusion layer 130-2, it is noted that the final product of the fuel cell is not stacked in this order because the first gas diffusion layer 130-1 is fitted into the central opening of the first gasket 130-4, and second gas diffusion layer 130-2 is fitted into the central opening of the first gasket 130-5.
Further, the instant Specification states on pages 8-9:
The anode separator 110 may include a frame 110-1 having a specified shape so that the anode separator may be stacked together with other members to form a fuel cell-single cell, and the anode separator 110 may have holes 110- 3, into which the circular gaskets 160 may be coupled, at upper and lower sides of the frame 110-1, excluding the area where the hydrogen gas flow paths 110-2 are disposed. However, if the circular gasket 160 has an oval or polygonal shape rather than a circular shape, the hole into which the circular gasket 160 is inserted may have a corresponding shape. (emphasis added)
It is unclear what is meant by “excluding the area where the hydrogen gas flow paths 110-2 are disposed”. Does that mean the holes 110-3 are hydrogen gas inlet and outlet holes? Where are the hydrogen and oxygen inlet and outlets? If 110-3 are hydrogen inlet and outlets, is there an opening in the gasket itself to allow for hydrogen inlet and outlet?
The Specification page 10 states:
The first gas diffusion layer 130-1 and the second gas diffusion layer 130- 2 are located on the outermost side of the integrated gasket-membrane electrode assembly to allow hydrogen introduced from the outside to diffuse through the first gas diffusion layer 130-1 and oxygen gas introduced from the outside to diffuse through the second gas diffusion layer 130-2. As such, the first gas diffusion layer 130-1 and the second gas diffusion layer 130-2 serve to allow hydrogen gas and oxygen gas to diffuse and flow to the ion exchange membrane 130-3 where a reaction occurs.
Where do the hydrogen and oxygen gases enter and leave from?
The Specification page 16 states:
The fuel cell-single cell according to an embodiment of the present disclosure may include circular gaskets 160 coupled through holes located at the upper and lower sides of the cross sections of the above-mentioned members that are stacked up. The respective stacked fuel cell members are fixed in a tighter state by the circular gaskets to prevent hydrogen gas flowing into the fuel cell from leaking out. (emphasis added)
It states that the gaskets function to tighten the fuel cell stack and prevents hydrogen leakage. But, the Specification is silent as from where the hydrogen and oxygen enter and leave.
Clarification is required.
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.
Claims 1, 3, 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kaku (JP 2018-200858) in view of and Sakai (JP 2002-246043).
See figures 4, 5, 7. Regarding claim 1, Kaku discloses a fuel cell-single cell comprising: an anode separator 30; a cathode separator 30; an integrated gasket-membrane electrode assembly 20 (MEA) which is disposed between the anode separator 30 and the cathode separator 30 and in which an ion exchange process takes place,
an anode hydrogen supply channel 44 disposed between the anode separator 30 and the integrated gasket-membrane electrode assembly 20 to allow hydrogen to be supplied to the anode separator therethrough.
Regarding claim 3, the anode separator includes a plurality of hydrogen flow paths 321 arranged in parallel, the cathode separator includes a plurality of oxygen flow paths 33 arranged in parallel, and a portion of a hydrogen supply tube of the anode hydrogen supply channel 44 is connected to the anode separator 30. See figure 7.
Regarding claim 1, Kaku does not disclose a porous separator disposed between the cathode separator and the integrated gasket-membrane electrode assembly. Sakai teaches a separator having a first separator formed by mixing fibers into carbon and made porous, and is formed in two layers with the second separator 36 which is made dense by mixing. The first separator 35 made porous by adding fibers to carbon is sucked by utilizing the capillary phenomenon. The condensed water sucked into the first separator 35 is collected in the oxidant gas discharge manifold 30 through the porous portion. The separator 26 is composed of two layers, a first separator 35 made porous and a second separator 36 made dense, and during the reaction at the oxidant electrode 37, the partial pressure of water vapor generated from the oxidant gas is reduced. When the condensed water increases and is eventually absorbed, it is sucked using the capillary phenomenon of the porous first separator 35, so that the fringing phenomenon can be surely suppressed, and the reaction of the oxidizing gas is improved (page 9 of translation).
Regarding claim 6, the porous separator 35 is provided with pores configured such that the wider a cross-section of the integrated gasket-membrane electrode assembly, the larger an area of the pores, and the narrower the cross-section of the integrated gasket-membrane electrode assembly, the smaller the area of the pores, the Examiner notes that when the cross-section of the porous separator 35 of Saki is larger, the porous area will naturally be larger than a small area of porous separator.
Regarding claim 7, the porous separator 35 has the same size as the anode separator and the cathode separator 36. See figure 6.
Regarding claim 9, the porous separator 35 is integrally combined with the integrated-membrane electrode assembly. See figure 6.
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to add the porous separator 35 of Sakai to the fuel cell stack of Kaku for the benefit of controlling the water content in the cathode.
Regarding claim 8, the porous separator has a larger area than the cross section of the integrated gasket-membrane electrode assembly, it is noted that the separator plate 30 of Kaku is larger in area than the cross section of the MEA 20 of Kaku. See figure 3. Hence, when Kaku is modified by Sakai’s porous separator, the porous separator of Sakai is attached to the separator plate of Kaku, and the porous separator is larger in area than the MEA of Kaku.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kaku (JP 2018-200858) in view of Sakai (JP 2002-246043) as applied to claim 1, further in view of Nakanishi (JP2001-006715)
Regarding claim 2, Kaku modified by Sakai does not further comprising a circular gasket coupled to opposite ends of the fuel cell-single cell to closely seal the anode separator, the anode hydrogen supply channel, the integrated gasket-membrane electrode assembly, the porous separator, and the cathode separator. Nakanishi teaches a fuel cell stack having an end plate 41 on both ends of the stack and four through holes (41a and the like) to insert a bolt 43 passing through the end plates are formed to fasten them to miniaturize a stack. See Abstract. A sealing member for preventing leakage of hydrogen gas or oxygen gas to the outside is provided in the through hole of the end plate. With this configuration, the hydrogen gas or oxygen gas introduced from the supply hole does not leak from the end plate side when guided to the through hole. As the seal member, for example, an O-ring is preferably used (page 3 of translation). The through holes 41a and the tubes 57 are formed by the rings 60 and 62. The holes and tubes are sealed at a plurality of locations to prevent gas from leaking to the outside (page 7 of translation).
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to add the fastening system of Nakanishi to the fuel cell stack of Kaku modified by Sakai, as taught by Nakanishi, for the benefit of fastening the fuel cell stack tight.
Broadly interpreting, it is noted that the O-rings 60 and 62 of Nakanishi read on Applicant’s “a circular gasket coupled to opposite ends of the fuel cell-single cell” in claim 2 because the O-rings of Nakanishi are coupled to the entire stack via the bolt 43.
Claims 4, 5, 10, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Kaku (JP 2018-200858) in view of Sakai (JP 2002-246043) as applied to claim 3, further in view of Kurihara (JP 2012-209019).
Regarding claim 4, Kaku modified by Sakai teaches the integrated gasket-membrane electrode assembly includes: a first gas diffusion layer through which hydrogen gas diffuses 222; a second gas diffusion layer 232 through which oxygen gas diffuses; an ion exchange membrane 21 which is disposed between the first gas diffusion layer and the second gas diffusion layer and in which an ion exchange process takes place, but does not teach a first gasket 211 disposed between the ion exchange membrane 21 and the first gas diffusion layer 222; and a second gasket 211 disposed between the ion exchange membrane 21 and the second gas diffusion layer 232. See figure 6.
Kurihara teaches a membrane electrode assembly in which deterioration in an electrolyte membrane due to an air gap between a catalyst layer and a gasket is suppressed and which is high in durability, and to provide a method for manufacturing the membrane electrode assembly. The method for manufacturing the membrane electrode assembly include: a step of laminating first gasket layers 3a, 3c at peripheral edges of both surfaces respectively located on an anode side and a cathode side of the electrolyte membrane 1 constituting the membrane electrode assembly 10; a step of laminating catalyst layers 2a, 2c on the electrolyte membrane 1 exposed to the inside of the first gaskets layers 3a, 3c: a step of laminating gas diffusion layers 5a, 5c extending over the first gasket layers 3a, 3c on the catalyst layers 2a, 2c; and a step of laminating second gasket layers 4a, 4c on the first gasket layers 3a, 3c exposed to the periphery of the gas diffusion layers 5a, 5c.
Regarding claim 5, Kaku discloses each of the first gasket 3a and the second gasket 3c includes a central opening having the same shape as the ion exchange membrane 1 so that the ion exchange membrane is fitted and combined therein, and the first gasket and the second gasket have shapes to be engaged and combined with each other with the ion exchange membrane 1 fitted therein. See figure 1.
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to use the membrane electrolyte assembly of Kurihara in the fuel cell assembly of Kaku modified by Sakai for the benefit of avoiding forming any air gap between the catalyst layer and the adhesive layer of Kaku.
Regarding claim 10, Kaku modified by Sakai and Kurihara teaches a fuel cell stack comprising: a plurality of stacked fuel cell-single cells of claim 4.
Regarding claim 11, further comprising: a current collector plate, an insulating plate, and an end plate, at opposite ends of the plurality of stacked fuel cell-single cells.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA KYUNG SOO WALLS whose telephone number is (571)272-8699. The examiner can normally be reached on M-F until 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at 571-270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA K WALLS/ Primary Examiner, Art Unit 1751
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