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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 5/14/2024, 4/10/2025, 9/19/2025 and 5/8/2026 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner except where lined through. The lined through entries are missing English translations and were not considered by the examiner.
Drawings
The drawings are objected to because they were submitted in either color or greyscale and did not render clearly in the system. 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.
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
Specification
The specification submitted on 5/14/2024 is acceptable.
Claim Interpretation
It should be noted that the claims contain Markush groups where the dependent claims branch in such a way that they further limit the claims that they depend upon without requiring the selection thereof. For instance, claim 2 has the Markush group consisting of a monosaccharide, a disaccharide, a polysaccharide, and a combination thereof. If a disaccharide is chosen, then claims 3 and 4 are not necessitated as they would not further limit the claim.
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 1-7, 9 and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5571392 A, SATO et al.
Regarding claim 1. SATO [title] discloses an ion conductor composition comprising:
[col 3 lines 5-11] 100 parts by weight of an ion conductor; and
[col 3 line 6] 0.05 to 10 parts by weight of a saccharide compound based on 100 parts by weight of the ion conductor.
Regarding claim 2. SATO discloses the ion conductor composition of claim 1, wherein the saccharide compound is one selected from the group consisting of a [col 3 line 7] a polysaccharide.
Regarding claims 3-5 further limit claim 2 without requiring the selection of either a monosaccharide or a disaccharide. Since a monosaccharide or a disaccharide was chosen claims 3-5 do not further limit the scope of the claimed invention.
Regarding claim 6. SATO [col 4 line 62] discloses the ion conductor composition of claim 2, wherein the polysaccharide is starch. Please note that SATO discloses other polysaccharides in the Markush group as well.
Regarding claim 7. SATO [col 3 lines 8-9] discloses the ion conductor composition of claim 1, wherein the ion conductor is a hydrocarbon-based ion conductor in the form of a diester compound containing a polyoxyalkylene component and a monoester compound containing a polyoxyalkylene component.
Regarding claim 9 further limits claim 7 without requiring the selection of either a monosaccharide or a disaccharide. Since a monosaccharide or a disaccharide were chosen claim 9 does not further limit the scope of the claimed invention..
Regarding claim 11. SATO [col 3 lines 1-3] discloses a polymer electrolyte membrane called a film comprising the ion conductor composition according to claim 1.
Regarding claims 12 and 13. SATO [col 4 lines 1-19] discloses the polymer electrolyte membrane of claim 11, wherein the polymer electrolyte membrane further comprises a porous support called an IPN (interpenetrating polymer network) which is [col 4 line 35-38] impregnated in a dispersion comprising the ion conductor composition. This IPN being a hydrocarbon-based porous support also reads on the limitation of claim 13.
Claim 10 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5571392 A, SATO et al. with Development of stable cold-water-soluble dry bean starch using a novel acid-alcohol treatment: Effects of acid strength and aging time on structure-property relationships, by Prudhvi Pasumarthias supporting evidence of the solubility of starch.
Regarding claim 10. SATO [col 4 line 62] discloses the ion conductor composition of claim 1, wherein the solubility of the saccharide in the instant case starch less insoluble in water which falls within the instantly claimed range of 0 g/L to 1,000 g/L based on water at 25°C.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over US 5571392 A, SATO et al. in view of US 20040112754 A1, THATE et al.
Regarding claim 8. SATO discloses the ion conductor composition of claims 7 and 11.
SATO does not disclose the hydrocarbon-based ion conductor is one selected from the group consisting of sulfonated polyimide (SPI), sulfonated polyarylethersulfone (S-PAES), sulfonated polyetheretherketone (SPEEK), sulfonated polybenzimidazole (SPBI), sulfonated polysulfone (S-PSU), sulfonated polystyrene (S-PS), sulfonated polyphosphazene, sulfonated polyquinoxaline, sulfonated polyketone, sulfonated polyphenylene oxide, sulfonated polyether sulfone, sulfonated polyether ketone, sulfonated polyphenylene sulfone, sulfonated polyphenylene sulfide, sulfonated polyphenylene sulfide sulfone, sulfonated polyphenylene sulfide sulfone nitrile, sulfonated polyarylene ether, sulfonated polyarylene ether nitrile, sulfonated polyarylene ether ether nitrile, sulfonated polyarylene ether sulfone ketone, and a combination thereof.
THATE [title] discloses A Method Of Fabricating A Membrane-electrode Assembly which also reads on the preamble of claim 14
THATE [0025] discloses “fluorine-free, ionomer materials can be used, e.g. sulfonated polystyrene (linear or crosslinked)” which reads on the limitation of the instant claim 8.
THATE [0029] further discloses that “the use of porous non-conductive polymers which require their conductivity by the pores being filled with e.g. an ionomer”… and [0030] “[t]he introduction of the ions of a catalytic substance into the polymer-electrolyte membrane is effected by a technique known in the prior art. Preferably, the catalytic substance is present ionically in a solution with which the polymer-electrolyte membrane is impregnated.” Reading on claim 14.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have used the sulfonated polystyrene disclosed by THATE in the ion conductor composition disclosed by SATO in order to have a more porous membrane that could be impregnated with a catalytic substance.
Furthermore, this person of ordinary skill in the art would have impregnated this porous membrane disclosed by THATE with a platinum catalyst disclosed by THATE [0044].
THATE [0046] discloses that “platinum under fuel cell conditions acts as peroxide former owing to the permanent O.sub.2 supply. Under different conditions it is used for the decomposition of peroxide. Only by introducing further deperoxidation-active additives is it possible to decompose the peroxides formed on the platinum in the fuel cell or to inhibit their formation.” Which also reads on the limitations of claim 14.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 5438082 A, HELMER-METZMANN discloses A Polymer Electrolyte Membrane.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAWRENCE LA RAIA III whose telephone number is (703)756-5441. The examiner can normally be reached Mon-Thur 6:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at (571) 272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LAWRENCE LA RAIA III
Examiner
Art Unit 1727
/L.L./Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
