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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/395,944
`
`08/06/2021
`
`TAKAYUKI NAKAUE
`
`083710-3484
`
`5928
`
`Rimon PC - Pansonic Corporation
`8300 Greensboro Dr
`Suite 500
`McLean, VA 22102
`
`BRAUCH, CHARLES JOSEPH
`
`3747
`
`PAPER NUMBER
`
`NOTIFICATION DATE
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`DELIVERY MODE
`
`01/17/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`USPTOmail@rimonlaw.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-10 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C} Claim(s)__ is/are allowed.
`Claim(s) 1-10 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11) The drawing(s)filed on August 6, 2021 is/are: a)(¥ accepted or b)C) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)(¥) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)Y) All
`1.) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240105
`
`Application No.
`Applicant(s)
`17/395,944
`NAKAUE et al.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`CHARLES J BRAUCH
`3747
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)™) Responsive to communication(s)filed on August 6, 2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/395,944
`Art Unit: 3747
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`Claim Rejections - 35 USC § 103
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`2.
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`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
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`rejections set forthin this Office action:
`
`A patent fora claimed invention may notbe obtained, notwithstanding thatthe claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention and the prior artare such that the claimed invention as a whole would have
`been obvious beforethe effective filing date of the claimed inventionto a person having
`ordinary skillin the art to which the claimed invention pertains. Patentability shall notbe
`negated by the manner in whichthe invention was made.
`
`3.
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`Claim(s) 1-4 and 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over
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`the Ballantine reference (US Patent Publication No. 2006/0065520).
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`4.
`
`Regarding claim 1, the Ballantine reference discloses:
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`a compressor (16) comprising:
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`an electrolyte membrane (122);
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`an anode catalyst layer (124) in contact with a first primary surface of the electrolyte
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`membrane (FIG. 3);
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`a cathode catalyst layer (125) in contact with a second primary surface of the electrolyte
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`membrane (FIG. 3);
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`an anode diffusion layer (126) disposed on the anode catalyst layer (124) and including
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`a porous carbon sheet[Paragraph 0026];
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`a cathode gas diffusion layer (127) on the cathode catalyst layer (125),
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`an anode support(138) disposed on the anode diffusion layer (126) and including a
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`metal sheet having a plurality of vent holes (implicit in “screen”);
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`

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`Application/Control Number: 17/395,944
`Art Unit: 3747
`
`Page 3
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`an anode separator (28) disposed on the anode support (138) and having, on aprimary
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`surface thereof closer to the anode support (138), a fluid flow channel through which an anode
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`fluid flows (FIG. 3); and
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`a voltage applicator (37) that applies a voltage across the anode catalyst layer (124) and
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`the cathode catalyst layer (125),
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`the compressor (16) [Paragraph 0025] producing compressed hydrogen by causing the
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`voltage applicator (37) to apply the voltage to move extracted protons from an anode fluid
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`supplied to the anode catalyst layer (124) to the cathode catalyst layer (125) via the electrolyte
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`membrane (122).
`
`The Ballantine reference discloses the invention as essentially claimed. However, the
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`Ballantine referencefails to disclose the flexural strength of the metal sheetis higher than
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`flexural strength of the porous carbon sheet.
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`It would have been obvious to one having ordinary skill in the art by the effectivefiling
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`date of the claimed invention to use a flexural strength of the metal sheet that is higher than the
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`flexural strength of the porous carbon sheet, since it has been held to be within the generalskill
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`of a worker in the art to select a known material on the basis of its suitability for intended use as
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`a matter of obvious design choice. MPEP 2144.07.
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`5.
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`Regarding claim 2, the Ballantine referencefails to disclose:
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`wherein air permeance of the anode support along thicknessthereofis greater than air
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`permeanceof the porous carbon sheet along thickness thereof.
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`This claim would be obvious to try. The air permeanceof these two components would
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`be with the anode support being greater, lesser, or equal to the porous carbon sheet. Three
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`solutions are certainly identified predictable solutions and they have a reasonable expectation of
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`successsincethe air permeance would be an important property between these two sheets.
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`6.
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`Regarding claim 3, the Ballantine referencefurther discloses:
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`

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`Application/Control Number: 17/395,944
`Art Unit: 3747
`
`Page 4
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`wherein a subsetof the plurality of vent holes straddles an edge ofthe fluid flow channel
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`(FIG. 3).
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`7.
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`Regarding claim 4, the Ballantine referencefurther discloses:
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`wherein asize of at least a subset of the plurality of vent holes along a transverse axis of
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`the fluid flow channel is smaller than a width of the fluid flow channel (FIG. 3).
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`8.
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`Regarding claim 6, the Ballantine referencefails to disclose:
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`wherein an electrically conductive layer is disposed on asurface of the anode support.
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`The examiner takes Official Notice thatit is well knownin the art of electronic
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`componentsto apply an electrically conductive layer on various componentsin order to allow
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`the transfer of electricity for the purpose of energy transfer.
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`9.
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`Regarding claim 7, the Ballantine reference further discloses:
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`wherein athicknessof the anode diffusion layer (126) is larger than athicknessof the
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`anode support (138).
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`10.
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`Regarding claim 8, the Ballantine referencefails to disclose:
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`wherein the metal sheet is one metal steel plate.
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`The examiner take Official Notice that using a metal steel plate as a formof a metal
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`sheetis well knownin the art for the purpose of giving stabilizing structure.
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`11.
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`Regarding claim 9, the Ballantine referencefails to disclose:
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`wherein the anode supportis integral with the anode separator.
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`It would have been obvious to one having ordinary skill in the art by the effectivefiling
`
`date of the claimed invention to use wherein the anode support is integral with the anode
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`separator, since it has been held that forming in one piece anarticle which has formerly been
`
`formed in two pieces and put together involves only routine skill in the art. MPEP 2144.04 (V-
`
`B).
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`12.
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`Regarding claim 10, the Ballantine referencefails to disclose:
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`

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`Application/Control Number: 17/395,944
`Art Unit: 3747
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`Page 5
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`wherein the anode supportis integral with the anode diffusion layer.
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`It would have been obvious to one having ordinary skill in the art by the effectivefiling
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`date of the claimed invention to use wherein the anode support is integral with the anode
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`diffusion layer, since it has been held that forming in one piece an article which has formerly
`
`been formedin two pieces and put together involves only routine skill in the art. MPEP 2144.04
`
`(V-B).
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`13.
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` Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over the Ballantine
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`reference in view of the Noyes reference (US Patent Publication No. 2017/0334725).
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`14.
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`Regarding claim 5, the referencefails to disclose:
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`wherein the porous carbon sheet is asheetof sintered carbon.
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`The Noyes reference teachesit is conventional in the art of carbon products to provide
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`as taught in [Paragraph 0099] wherein the porous carbon sheetis asheet of sintered carbon
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`[Paragraph 0099]. Such configurations/structures would allow creation of the carbon products
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`in a belt-casting operation [Paragraph 0099].
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`Thus, it would have been obvious to one of ordinary skill in the art by the effectivefiling
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`date of the claimed invention to modify the compressor of the reference, such that the
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`compressor further includes wherein the porous carbon sheetis asheet of sintered carbon, as
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`clearly suggested and taught by the Noyes reference, in orderto allow creation of the carbon
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`products in a belt-casting operation [Paragraph 0099].
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`Conclusion
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`Anyinquiry concerning this communication or earlier communications from the examiner
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`should be directed to CHARLES J BRAUCH whosetelephone numberis (313)446-6511. The
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`examiner can normally be reached Monday-Friday 9:00 AM to 6 PM.
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`Examiner interviews are available via telephone, in-person, and video conferencing
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`using a USPTOsupplied web-based collaboration tool. To schedule an interview, applicantis
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`

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`Application/Control Number: 17/395,944
`Art Unit: 3747
`
`Page 6
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`encouraged to use the USPTO Automated Interview Request (AIR) at
`
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`
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`
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`organization wherethis application or proceeding is assigned is 571-273-8300.
`
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`
`/CHARLES JOSEPH BRAUCH/
`Examiner
`Art Unit 3747
`
`/JACOB M AMICK/
`Primary Examiner, Art Unit 3747
`
`