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 § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Han et al (PGPub 2010/0000679).
Han teaches a lamination method for fuel cell components for laminating a gas diffusion layer to an intermediate layer during a manufacturing stage of a fuel cell (Abstract) that includes the intermediate layer (Fig 2- MEA 10) and gas diffusion layers on both sides of the intermediate layer (Fig. 2- GDL 18),
the intermediate layer including an electrolyte membrane (Fig. 2- PEM 12) and a resin film provided around the electrolyte membrane (Fig. 2- sub-gasket 16), the method comprising:
applying a moisture-curing adhesive to the resin film (Fig. 6; [0034]-[0038]- discussing the bonding step and acceptable adhesives such as cyanoacrylates, silicones, and polyurethanes which are moisture-curing adhesives), and
thereafter bringing the gas diffusion layer into contact with the adhesive, thereby laminating the gas diffusion layer and the intermediate layer with the adhesive (Fig. 6).
Regarding Claim 2, Han further teaches after placing the gas diffusion layer on the adhesive, the gas diffusion layer is pressed against the intermediate layer with a pressing device, thereby allowing the adhesive to penetrate into the gas diffusion layer (Fig. 2,3- thermocompression bonding).
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.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Han et al (PGPub 2010/0000679) in view of Kim et al (KR101148674 with references to the machine English translation provided herewith).
Regarding Claim 3, Han teaches applying adhesive to at least one of an upper surface of the intermediate layer or a lower surface of the gas diffusion layer [0034]-[0038] before pressing the layers together (Figs. 2, 3- thermocompression bonding) but does not specify preparing a jig that includes a lower jig with an upper surface configured to allow the intermediate layer to be arranged thereon, and an upper jig with a lower surface configured to allow the gas diffusion layer to be arranged thereon; setting a state in which the gas diffusion layer is arranged on the lower surface of the upper jig, the intermediate layer is arranged on the upper surface of the lower jig; and lowering the upper jig with the pressing device from the state to press the gas diffusion layer against the intermediate layer, thereby laminating the gas diffusion layer to the intermediate layer with the adhesive, while allowing the adhesive to penetrate into the gas diffusion layer.
Kim teaches an alternative fuel cell lamination method (Abstract) comprising preparing a jig ([0028]- fuel cell manufacturing apparatus) that includes a lower jig with an upper surface configured to allow the intermediate layer to be arranged thereon (Fig. 9- lower substrate 111), and
an upper jig with a lower surface configured to allow the gas diffusion layer to be arranged thereon (Fig. 9- upper substrate);
setting a state in which the gas diffusion layer is arranged on the lower surface of the upper jig (Fig. 9- GDL 104 on upper substrate 101), and the intermediate layer is arranged on the upper surface of the lower jig (Fig. 9- MEA 10 on lower substrate 111); and
lowering the upper jig with the pressing device from the state to press the gas diffusion layer against the intermediate layer, thereby laminating the gas diffusion layer to the intermediate layer with the adhesive, while allowing the adhesive to penetrate into the gas diffusion layer [0072]-[0108] in order to improve stacking precision of the GDL and MEA [0039].
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 method of Han to include the jig as taught by Kim with reasonable expectation of success to improve stacking precision of the GDL and MEA [0039].
Conclusion
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/A.K./Examiner, Art Unit 1748 5/20/26
/Abbas Rashid/Supervisory Patent Examiner, Art Unit 1748
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