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
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.
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.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 20210104753 A1, “Li”) in view of Hitomi et al. (JP 2020079189 A, “Hitomi”) and Zhou et al. (Zhou et al., Degradation Mechanisms of Metal-Supported Solid Oxide Cells…). The machine translation is used herein for citation purposes.
Regarding claim 1, Li discloses an electrochemical cell comprising: a metal support made of Fe-based alloy (see title “solid oxide fuel cell”; see abstract “solid oxide fuel cell” & “main component is a metal”; see [0015] “support 10 is a porous metallic material, and is, for example, a porous material of Fe-Cr alloys”); a cell portion including a solid electrolyte layer having oxygen ion conductivity (see FIG. 1 “40 electrolyte layer” & see [0003] “solid oxide electrolyte layer having oxygen ion conductivity”), a first electrode layer disposed on one side of the solid electrolyte layer, and a second electrode layer disposed on the other side of the solid electrolyte layer (see FIG. 1 describes “cathode 60” & “anode 30” are disposed on the sides of the electrolyte “40”); and a bonding layer bonding the metal support and the first electrode layer of the cell portion (see [0026] “the mixed layer 20 has high adhesiveness with the support 10 and high adhesiveness with the anode 30” which describes 20 as a bonding layer & see FIG. 1 describes “20 mixed layer” & “30 anode” & “10 support” & describes “20” between “30” & “10”), wherein the bonding layer is made of an electronically conductive oxide containing at least one metal element of alloying elements of the Fe-based alloy (see [0026] “mixed layer 20 contains the metallic material 21 and the ceramic material 22, the mixed layer 20 has material properties of metal and material properties of ceramic. Thus, the mixed layer 20 has high adhesiveness with the support 10 and high adhesiveness with the anode 30. Therefore, interlayer peeling between the support 10 and the anode 30 can be inhibited.” & see [0022] “The metallic material 21 is not particularly limited as long as the metallic material 21 is a metal” & see [0045] “stainless steel (SUS) was used for the metallic material 21 of the mixed layer 20”). Li discloses and the electronically conductive oxide constituting the bonding layer contains La element (see [0022] “mixed layer 20 contains a metallic material 21 and a ceramic material 22” & “first oxide 31 or the second oxide 32 can be used as the ceramic material 22.” & describes “LaCrO3-based material can be used as the ceramic material 22. Since the LaTiO.sub.3-based material and the LaCrO.sub.3-based material have high electron conductivity, the ohmic resistance in the mixed layer 20 can be reduced. It is preferable that the same oxide of the first oxide 31 is used as the ceramic material 22”).
Regarding the limitation a concentration of the at least one metal element has a gradient to decrease from the metal support toward the first electrode layer, Li discloses in [0012] “concentration”, but Li does not explicitly disclose concentration gradient of the metal element (21 metallic material disclosed by Li) in the bonding layer (mixed layer 20 disclosed by Li).
Hitomi teaches gradient (see [0023] “the bonding layer 4 may have a concentration gradient of some metal elements of the metal material when viewed in the thickness direction” & see [0042] “porous sintered body 2 and the metal member 3 are bonded by the bonding layer 3 is obtained” & “by adjusting the reduction treatment time or the like, a part of Cr diffused in the bonding layer 4 can be diffused into a part of the Ni particles 211” & FIG. 2 describes concentration gradient of “4 bonding layer” & “2 porous sintered body”).
Li and Hitomi are analogous to the current invention because they are related to the same field of endeavor, namely fuel cell (see Hitomi title).
Zhou teaches gradient (see FIG. 16 (B) “Gradient-porosity anodes facilitate electrochemical reactions, resulting in a higher power density” & see P18 FIG.16 (A) describes “metal particles” & “support” & “anode”).
Li and Zhou are analogous to the current invention because they are related to the same field of endeavor, namely solid oxide cells (see Zhou title).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate gradient as suggested by Hitomi (see [0023]) & Zhou (see FIG. 16 & P18) because doing so results in a higher power density as suggested by Zhou (see FIG. 16 caption description).
Regarding claim 2, Li discloses the electrochemical cell of claim 1 and further discloses wherein the bonding layer has a coating layer that covers a surface of the bonding layer adjacent to the first electrode layer (see [0026] “the mixed layer 20 has high adhesiveness with the support 10 and high adhesiveness with the anode 30” which describes 20 as a bonding layer & see FIG. 1 describes “20 mixed layer” & “30 anode” which describes first electrode layer & see FIG. 2 describes “20” & “30” & “ceramic material 22” which describes a coating layer & see [0041] “material for mixed layer contains the metallic material powder and the ceramic material powder” & describes “interlayer peeling between the support 10 and the anode 30 can be inhibited”). Li does not explicitly disclose and the coating layer has a lower Fe concentration than the bonding layer.
Hitomi teaches Fe particles in the binding layer 4 (see [0023] “the bonding layer 4 may have a concentration gradient of some metal elements of the metal material when viewed in the thickness direction” & see [0059] “Fe element (such as Fe particles)” & see [0042] “porous sintered body 2 and the metal member 3 are bonded by the bonding layer 3 is obtained” & “by adjusting the reduction treatment time or the like, a part of Cr diffused in the bonding layer 4 can be diffused into a part of the Ni particles 211” & FIG. 2 describes concentration gradient of “4 bonding layer” & “2 porous sintered body”).
Zhou teaches in FIG. 6 “Fe-Cr” & in FIG. 16 describes “Gradient-porosity anodes facilitate electrochemical reactions, resulting in a higher power density” & see P18 FIG.16 (A) describes “metal particles” & “support” & “anode”. Zhou teaches on P6 “The diffusion of Fe and Cr in the support layer into the nickel in the functional layer leads to the failure of the catalyst caused by the formation of insulating oxides such as Cr2O3, NiCr2O4, and Fe2O3.”.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate gradient porosity & support layer as suggested by Zhou (see FIG. 16) into the electrochemical cell of Li and to incorporate a concentration gradient of Fe in the coating layer & bonding layer so as to improve the diffusion of Fe to prevent formation of insulating oxides which leads to failure of the catalyst as suggested by Zhou (see P6 par 1). A skilled artisan would recognize that diffusion flux is a material property and that concentration gradients of materials move from high flux to low flux, thus it would have been obvious to a skilled artisan to incorporate a lower Fe concentration to improve the power density, as suggested by Zhou (see FIG. 16 caption description).
Regarding claim 3, Li discloses the electrochemical cell of claim 2 and further discloses wherein the coating layer is made of a ceria-based oxide containing at least Ce element (see [0037] "reaction prevention layer 50, Ce0.8Gd0.2O2-x is formed" & see [0014] "The reaction prevention layer 50 is mainly composed of a component that prevents reaction between the electrolyte layer 40 and the cathode 60. For example, the reaction prevention layer 50 is mainly composed of Gd-doped ceria (GDC) that is CeO2 doped with gadolinium (Gd).").
Regarding claim 4, Li discloses the electrochemical cell of claim 2 and further discloses wherein a thickness of the coating layer is 1 µm (see [0037] "reaction prevention layer 50" & "is formed so as to have a thickness of 1 μm by, for example, PVD."). Li does not explicitly disclose wherein a thickness of the coating layer is 1.5 μm or more.
Zhou teaches thickness between 1-2 µm (see P6 par 2 "DBL with a thickness of 1-2 um" & "physical vapour deposition (PVD)").
Zhou teaches a range of 1-2 µm, which overlaps with the claimed range of 1.5 µm or more. MPEP 2144.05 I states that 'In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)'.
Regarding claim 5, Li discloses an electrochemical cell comprising: a metal support made of Fe-based alloy (see title “solid oxide fuel cell”; see abstract “solid oxide fuel cell” & “main component is a metal”; see [0015] “support 10 is a porous metallic material, and is, for example, a porous material of Fe-Cr alloys”); a cell portion including a solid electrolyte layer having oxygen ion conductivity (see FIG. 1 “40 electrolyte layer” & see [0003] “solid oxide electrolyte layer having oxygen ion conductivity”), a first electrode layer disposed on one side of the solid electrolyte layer, and a second electrode layer disposed on the other side of the solid electrolyte layer (see FIG. 1 describes “cathode 60” & “anode 30” are disposed on the sides of the electrolyte “40”); and a bonding layer bonding the metal support and the first electrode layer of the cell portion (see [0026] “the mixed layer 20 has high adhesiveness with the support 10 and high adhesiveness with the anode 30” which describes 20 as a bonding layer & see FIG. 1 describes “20 mixed layer” & “30 anode” & “10 support” & describes “20” between “30” & “10”), wherein the bonding layer is made of an electronically conductive oxide containing at least one metal element of alloying elements of the Fe-based alloy (see [0026] “mixed layer 20 contains the metallic material 21 and the ceramic material 22, the mixed layer 20 has material properties of metal and material properties of ceramic. Thus, the mixed layer 20 has high adhesiveness with the support 10 and high adhesiveness with the anode 30. Therefore, interlayer peeling between the support 10 and the anode 30 can be inhibited.” & see [0022] “The metallic material 21 is not particularly limited as long as the metallic material 21 is a metal” & see [0045] “stainless steel (SUS) was used for the metallic material 21 of the mixed layer 20”). Li discloses and the electronically conductive oxide constituting the bonding layer contains La element (see [0022] “mixed layer 20 contains a metallic material 21 and a ceramic material 22” & “first oxide 31 or the second oxide 32 can be used as the ceramic material 22.” & describes “LaCrO3-based material can be used as the ceramic material 22. Since the LaTiO.sub.3-based material and the LaCrO.sub.3-based material have high electron conductivity, the ohmic resistance in the mixed layer 20 can be reduced. It is preferable that the same oxide of the first oxide 31 is used as the ceramic material 22”).
Regarding the limitation a concentration of the at least one metal element has a gradient to decrease from the metal support toward the first electrode layer, Li discloses in [0012] “concentration”, but Li does not explicitly disclose concentration gradient of the metal element (21 metallic material disclosed by Li) in the bonding layer (mixed layer 20 disclosed by Li).
Hitomi teaches gradient (see [0023] “the bonding layer 4 may have a concentration gradient of some metal elements of the metal material when viewed in the thickness direction” & see [0042] “porous sintered body 2 and the metal member 3 are bonded by the bonding layer 3 is obtained” & “by adjusting the reduction treatment time or the like, a part of Cr diffused in the bonding layer 4 can be diffused into a part of the Ni particles 211” & FIG. 2 describes concentration gradient of “4 bonding layer” & “2 porous sintered body”).
Li and Hitomi are analogous to the current invention because they are related to the same field of endeavor, namely fuel cell (see Hitomi title).
Zhou teaches gradient (see FIG. 16 (B) “Gradient-porosity anodes facilitate electrochemical reactions, resulting in a higher power density” & see P18 FIG.16 (A) describes “metal particles” & “support” & “anode”).
Li and Zhou are analogous to the current invention because they are related to the same field of endeavor, namely solid oxide cells (see Zhou title).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate gradient as suggested by Hitomi (see [0023]) & Zhou (see FIG. 16 & P18) because doing so results in a higher power density as suggested by Zhou (see FIG. 16 caption description).
Regarding the limitation wherein the bonding layer has a coating layer that covers a surface of the bonding layer adjacent to the first electrode layer, Li discloses (see [0026] “the mixed layer 20 has high adhesiveness with the support 10 and high adhesiveness with the anode 30” which describes 20 as a bonding layer & see FIG. 1 describes “20 mixed layer” & “30 anode” which describes first electrode layer & see FIG. 2 describes “20” & “30” & “ceramic material 22” which describes a coating layer & see [0041] “material for mixed layer contains the metallic material powder and the ceramic material powder” & describes “interlayer peeling between the support 10 and the anode 30 can be inhibited”). Li does not explicitly disclose and the coating layer has a lower Fe concentration than the bonding layer.
Hitomi teaches Fe particles in the binding layer 4 (see [0023] “the bonding layer 4 may have a concentration gradient of some metal elements of the metal material when viewed in the thickness direction” & see [0059] “Fe element (such as Fe particles)” & see [0042] “porous sintered body 2 and the metal member 3 are bonded by the bonding layer 3 is obtained” & “by adjusting the reduction treatment time or the like, a part of Cr diffused in the bonding layer 4 can be diffused into a part of the Ni particles 211” & FIG. 2 describes concentration gradient of “4 bonding layer” & “2 porous sintered body”).
Zhou teaches in FIG. 6 “Fe-Cr” & in FIG. 16 describes “Gradient-porosity anodes facilitate electrochemical reactions, resulting in a higher power density” & see P18 FIG.16 (A) describes “metal particles” & “support” & “anode”. Zhou teaches on P6 “The diffusion of Fe and Cr in the support layer into the nickel in the functional layer leads to the failure of the catalyst caused by the formation of insulating oxides such as Cr2O3, NiCr2O4, and Fe2O3.”.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate gradient porosity & support layer as suggested by Zhou (see FIG. 16) into the electrochemical cell of Li and to incorporate a concentration gradient of Fe in the coating layer & bonding layer so as to improve the diffusion of Fe to prevent formation of insulating oxides which leads to failure of the catalyst as suggested by Zhou (see P6 par 1). A skilled artisan would recognize that diffusion flux is a material property and that concentration gradients of materials move from high flux to low flux, thus it would have been obvious to a skilled artisan to incorporate a lower Fe concentration to improve the power density, as suggested by Zhou (see FIG. 16 caption description).
Regarding claim 6, Li discloses wherein the electronically conductive oxide constituting the bonding layer contains La element (see [0022] “mixed layer 20 contains a metallic material 21 and a ceramic material 22” & “first oxide 31 or the second oxide 32 can be used as the ceramic material 22.” & describes “LaCrO3-based material can be used as the ceramic material 22. Since the LaTiO3-based material and the LaCrO3-based material have high electron conductivity, the ohmic resistance in the mixed layer 20 can be reduced. It is preferable that the same oxide of the first oxide 31 is used as the ceramic material 22”).
Regarding claim 7, Li discloses the electrochemical cell of claim 5 and further discloses wherein the coating layer is made of a ceria-based oxide containing at least Ce element (see [0037] "reaction prevention layer 50, Ce0.8Gd0.2O2-x is formed" & see [0014] "The reaction prevention layer 50 is mainly composed of a component that prevents reaction between the electrolyte layer 40 and the cathode 60. For example, the reaction prevention layer 50 is mainly composed of Gd-doped ceria (GDC) that is CeO2 doped with gadolinium (Gd).").
Regarding claim 8, Li discloses the electrochemical cell of claim 5 and further discloses wherein a thickness of the coating layer is 1 µm (see [0037] "reaction prevention layer 50" & "is formed so as to have a thickness of 1 μm by, for example, PVD."). Li does not explicitly disclose wherein a thickness of the coating layer is 1.5 μm or more.
Zhou teaches thickness between 1-2 µm (see P6 par 2 "DBL with a thickness of 1-2 um" & "physical vapour deposition (PVD)").
Zhou teaches a range of 1-2 µm, which overlaps with the claimed range of 1.5 µm or more. MPEP 2144.05 I states that 'In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)'.
Regarding claim 9, Li discloses the electrochemical cell of claim 1, but does not explicitly disclose wherein a surface of the metal support does not have an oxide layer derived from the Fe-based alloy.
Hitomi teaches no oxide layer (see [0023] "the bonding layer 4 may have a concentration gradient of some metal elements of the metal material when viewed in the thickness direction." & see [0059] "Fe element (such as Fe particles)" & see [0042] "porous sintered body 2 and the metal member 3 are bonded by the bonding layer 3 is obtained" & "by adjusting the reduction treatment time or the like, a part of Cr diffused in the bonding layer 4 can be diffused into a part of the Ni particles 211" & FIG. 2 describes concentration gradient of "4 bonding layer" & "2 porous sintered body" & see FIG. 2 describes "30 through hole" in "metal member 3" & see [0018] "a gas is easily supplied to the porous sintered body 2 from the surface of the metal member 3 on the side opposite to the bonding layer 4 side through the through holes of the metal member 3 and the through holes 42 of the bonding layer 4. Therefore, the structure 1 according to this configuration is suitable for a solid oxide fuel cell stack 7 described later. " & FIG2 & FIG. 4 describes no "41 bonded particles" above "30").
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Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate FIG. 2 & FIG. 4 as suggested by Hitomi (see FIG. 4 & FIG. 2 which describes no oxide layer) into the electrochemical cell of Li because doing so allow for “a gas is easily supplied to the porous sintered body 2 from the surface of the metal member 3 on the side opposite to the bonding layer 4 side through the through holes of the metal member 3 and the through holes 42 of the bonding layer 4” as suggested by Hitomi (see [0018]) & further doing so provides a suitable configuration for a solid oxide fuel cell stack as suggested by Hitomi (see [0018]).
Regarding claim 10 and claim 11, Li discloses the electrochemical cell of claim 1, but does not explicitly disclose wherein the bonding layer has a maximum added metal element whose content rate is the maximum among metal elements contained in the alloying elements of the Fe-based alloy, and a concentration of at least the maximum added metal element is sloped in the bonding layer, as required by claim 10 nor wherein the maximum added metal element is Cr as required by claim 11. Li discloses Cr lower limit (see [0018] "it is preferable that the amount of CrO.sub.3 has a lower limit").
Hitomi teaches "bonding layer 4" & see [0021] "metal particles 21" & see [0022] "when the metal material is an Fe-Cr alloy") & concentration gradient which reads on sloped (see [0023] "the bonding layer 4 may have a configuration in which the concentration of a metal element of a part of the metal material is higher on the bonding interface 5 side between the bonding layer 4 and the metal member 3 than in other portions when viewed in the thickness direction") & see FIG. 9.
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Further regarding claim 11, Hitomi teaches Cr in [0074] “FIG. 9, it can be seen that Cr, which is a metal element of a part of the Fe-Cr alloy forming the metal member, is diffused in the binding particles of the binding layer”.
Zhou teaches gradient (see FIG. 16B "Gradient-porosity anodes facilitate electrochemical reactions, resulting in a higher power density" & see P18 FIG.16 (A) describes "metal particles" & "support" & "anode").
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate concentration gradient as suggested by Hitomi (see [0021], [0022], [0023], see FIG. 9) & Zhou (see FIG. 16) & maximum added metal element is Cr (see Hitomi [0074]) into the electrochemical cell of Li because doing so improves the power density of the cell as suggested by Zhou (see FIG. 16B).
Regarding claim 12, Li discloses the electrochemical cell of claim 1, but does not explicitly disclose wherein the bonding layer has a maximum slope distance of 0.1 μm or more, the maximum slope distance being a maximum of slope distances of the at least one metal element of the alloying elements of the Fe-based alloy, each of which is a distance of a region where the concentration of the metal element is sloped in a thickness direction.
Hitomi teaches gradient (see FIG. 9 describes conc. Gradient in “4 bonding layer” & see [0023] & FIG. 9 describes "40 =x1 to 50 =x2 " as run points and "55 =y1 to 95 =y2" as rise points which describes m = 4 which lies within the claimed range).
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Zhou teaches in FIG. 16 (B) "Gradient-porosity anodes facilitate electrochemical reactions, resulting in a higher power density" & see P18 FIG.16 (A) describes "metal particles" & "support" & "anode".
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate gradient as suggested by Hitomi (see FIG. 9) into the electrochemical cell of Li because doing so improves the power density as suggested by Zhou (see FIG. 16).
Regarding claim 13, Li discloses the electrochemical cell of claim 1 and further discloses wherein a thickness of the bonding layer is 1 µm (see [0037]), but does not explicitly disclose wherein a thickness of the bonding layer is 0.2 μm or more.
Zhou teaches thickness (see P6 par 2 "DBL with a thickness of 1-2 μm" & "physical vapour deposition (PVD)").
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate 1-2 μm as suggested by Zhou into the electrochemical cell of Li because doing so improves the suppression of oxidation as suggested by Zhou (see P7).
Regarding claim 14, Li discloses the electrochemical cell of claim 1 but does not explicitly disclose wherein a coverage rate of the metal support by the bonding layer is 90% or more.
Hitomi teaches bonding layer 4 (see [0023] "the bonding layer 4 may have a concentration gradient of some metal elements of the metal material when viewed in the thickness direction” & see FIG. 6 describes "4 bonding layer 4" & "3 metal member" & see [0073] describes SEM photographs of the structure).
Zhou teaches on P14 "coating techniques such as atomic layer deposition (ALD) and atmospheric plasma spraying (APS) have been used to fabricate the barrier layer on the Fe-Cr stainless steel surface to avoid direct contact between Cr and moist oxygen".
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate bonding layer 4 as suggested by Hitomi (see [0023) & “coating techniques” as suggested by Zhou (see P14) into the electrochemical cell because doing so “fabricate[s] the barrier layer on the Fe-Cr stainless steel surface to avoid direct contact between Cr and moist oxygen” as suggested by Zhou (see P14). A skilled artisan would recognize doing so would form a coverage as high as possible in order to avoid direct contact between Cr and moist oxygen, as suggested by Zhou (see P14).
Regarding claim 15, Li discloses the electrochemical cell of claim 1 and further discloses wherein the electrochemical cell is used as a solid oxide fuel cell (see abstract “solid oxide fuel cell” & see [0044] “fuel cell 100”).
Conclusion
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/S.A.A./ Examiner, Art Unit 1725
/JAMES M ERWIN/ Primary Examiner, Art Unit 1725 09/30/2026
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