Ex Parte FUKUMIZU et al

Patent Trial and Appeal Board

Nov 20, 2018

14221865 (P.T.A.B. Nov. 20, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
14/221,865 03/21/2014
21828 7590 11/23/2018
CARRIER BLACKMAN AND ASSOCIATES PC
22960 VENTURE DRIVE
SUITE 100
NOVI, MI 48375
Takao FUKUMIZU
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
CSP-208-A 7508
EXAMINER
STUCKEY, PHILIP A
ART UNIT PAPER NUMBER
1723
NOTIFICATION DATE DELIVERY MODE
11/23/2018 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):
cbalaw@gmail.com
wblackman@ameritech.net
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Exparte TAKAO FUKUMIZU, HIROSHI MATSUMORI,
YOICHI ASANO, and TAKUMA YAMAWAKI
Appeal 2018-001833
Application 14/221,865
Technology Center 1700
Before TERRY J. OWENS, A VEL YN M. ROSS, and
JANEE. INGLESE, Administrative Patent Judges.
INGLESE, Administrative Patent Judge.
DECISION ON APPEAL
Appellant1 requests our review under 35 U.S.C. § 134(a) of the
Examiner's decision to finally reject claims 1, 3, 4, 11, and 12. We have
jurisdiction over this appeal under 35 U.S.C. § 6(b ).
We REVERSE.
1 Appellant is the applicant, Honda Motor Company, Ltd., which, according
to the Appeal Brief, is the real party in interest. Appeal Brief filed May 19,
2017 ("App. Br."), 3.
Appeal 2018-001833
Application 14/221,865
STATEMENT OF THE CASE
Appellant claims a membrane electrode assembly comprising a solid
polymer electrolyte membrane sandwiched between an anode and a cathode.
App. Br. 5-9. Independent claims 1 and 12 illustrate the subject matter on
appeal and are reproduced below:
1. A membrane electrode assembly comprising a solid
polymer electrolyte membrane sandwiched between an anode
and a cathode,
wherein the anode contains a first electrode catalyst layer
facing the electrolyte membrane, and the anode further
comprises a first piled body comprising a first gas diffusion
layer and a first porous layer interposed between the first
electrode catalyst layer and the first gas diffusion layer,
wherein the cathode contains a second electrode catalyst
layer facing the electrolyte membrane, and the cathode further
comprises a second piled body comprising a second gas
diffusion layer and a second porous layer interposed between
the second electrode catalyst layer and the second gas diffusion
layer, each of the first and second porous layers being thermally
compression-bonded to the corresponding gas diffusion layer to
form the first and second piled bodies,
each of the first porous layer and the second porous layer
having a thickness in a range of 10 to 50 micrometers and a
porosity in a range of 20 to 50 percent, with the porosity of the
second porous layer being greater than the porosity of the first
porous layer,
wherein each of the first porous layer and the second
porous layer comprises an electron-conductive substance and a
water-repellent resin, and is configured to resist deformation of
the electrolyte membrane,
wherein the first piled body has a percolation pressure
higher than that of the second piled body,
wherein the first piled body has a percolation pressure in
a range of 25 to 120 kPa and the second piled body has a
percolation pressure in a range of 5 to 25 kPa, and
wherein the thickness of the first porous layer is equal to
or greater than the thickness of the second porous layer.
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Application 14/221,865
12. A membrane electrode assembly comprising a solid
polymer electrolyte membrane sandwiched between an anode
and a cathode,
wherein the anode contains a first electrode catalyst layer
facing the electrolyte membrane, and the anode further
comprises a first piled body comprising a first gas diffusion
layer and a first porous layer interposed between the first
electrode catalyst layer and the first gas diffusion layer, each of
the first and second porous layers being thermally compression-
bonded to the corresponding gas diffusion layer to form the first
and second piled bodies,
each of the first porous layer and the second porous layer
having a thickness in a range of 10 to 50 micrometers and a
porosity in a range of 20 to 50 percent, with the porosity of the
second porous layer being greater than the porosity of the first
porous layer,
wherein each of the first porous layer and the second
porous layer comprises an electron-conductive substance and a
water-repellent resin, and is configured to resist deformation of
the electrolyte membrane,
wherein the cathode contains a second electrode catalyst
layer facing the electrolyte membrane, and the cathode further
comprises a second piled body comprising a second gas
diffusion layer and a second porous layer interposed between
the second electrode catalyst layer and the second gas diffusion
layer,
wherein the first and second porous layers, respectively,
are configured to cover edge portions of the corresponding
electrode catalyst layers,
wherein the first piled body has a percolation pressure
higher than that of the second piled body, and
wherein the first piled body has a percolation pressure in
a range of 25 to 120 kPa and the second piled body has a
percolation pressure in a range of 5 to 25 kPa.
App. Br. 24--26 (Claims Appendix) ( emphasis added).
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Appeal 2018-001833
Application 14/221,865
The Examiner sets forth the following rejections in the Final Office
Action entered September 21, 2016 ("Final Act."), and maintains the
rejections in the Examiner's Answer entered September 26, 2017 ("Ans.")2 :
I. Claims 1, 3, 11, and 12 under 35 U.S.C. § 103 as unpatentable
over Ji et al. (US 2012/0178010 Al, published July 12, 2012) (hereinafter
"Ji") in view of Sugawara et al. (US 6,194,094 Bl, issued February 27,
2001) (hereinafter "Sugawara") and Xie (US 2005/0260476 Al, published
November 24, 2005); and
II. Claim 4 under 35 U.S.C. § 103 as unpatentable over Ji in view
of Sugawara, Xie, and Ohma (US 2009/0035634 Al, published February 5,
2009).
DISCUSSION
Upon consideration of the evidence relied upon in this appeal and
each of Appellant's contentions, we reverse the Examiner's rejections of
claims 1, 3, 4, 11, and 12 under 35 U.S.C. § 103 for the reasons set forth in
the Appeal Brief and below.
As set forth above, independent claims 1 and 12 both require the
claimed membrane electrode assembly to include an anode and a cathode
comprising a piled body comprising a gas diffusion layer and a porous layer
interposed between an electrode catalyst layer and the gas diffusion layer.
The Examiner finds that Ji discloses a fuel cell membrane electrode
assembly including membrane 30 (a solid polymer electrolyte membrane)
sandwiched between anode catalyst layer 32 and cathode catalyst layer 34.
2 The Advisory Action entered February 8, 2017 indicates that the Reply
filed January 23, 2017 overcame the rejection of claims 1, 3, 4, 11, and 12
under 35 U.S.C. § 112(b ).
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Application 14/221,865
Final Act. 4 ( citing Ji Abstract; ,r 21; Fig. 3). The Examiner finds that Ji
discloses that the membrane electrode assembly also includes a first plied
body comprising first microporous layer 36 and anode diffusion media 14,
and a second plied body comprising second microporous layer 3 8 and
cathode diffusion media 16. Final Act. 4--5 (citing Ji ,r 22; Fig. 3). The
Examiner finds that first and second microporous layers 36, 38 disclosed in
Ji correspond to the first and second gas diffusion layers recited in claims 1
and 12, and anode and cathode diffusion media 14, 16 disclosed in Ji
correspond to the first and second porous layers recited in claims 1 and 12.
Final Act. 4--5. The Examiner finds that Ji does not disclose the materials
used to make the anode and cathode diffusion media 14, 16 (first and second
porous layers), and the Examiner relies on Xie to address this feature. Final
Act. 6-7.
The Examiner finds that Xie discloses first and second porous layers
containing carbon black (an electron-conductive substance) and an ion-
exchange resin (a water-repellent resin). Final Act. 6-7 (citing Xie ,r 60).
The Examiner concludes that it would have been obvious to one of ordinary
skill in the art at the time of the effective filing date to use the first and
second porous layers disclosed in Xie "for that of Ji" because Xie teaches
that the layers have "resistance to sticking by carbon fibers." Final Act. 7.
The preponderance of the evidence relied-upon in this appeal,
however, does not support the Examiner's conclusion of obviousness, for
reasons expressed by Appellant, as discussed below.
Ji discloses fuel cell 10 comprising membrane electrode assembly 12
including membrane 30 sandwiched between anode catalyst layer 32 and
cathode catalyst layer 34. ,r,r 19, 21; Fig. 3. Ji discloses that anode diffusion
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Application 14/221,865
media 14 is interposed between membrane electrode assembly 12 and
electrically conductive upper plate 18, and cathode diffusion media 16 is
interposed between membrane electrode assembly 12 and electrically
conductive lower plate 20. ,r,r 19, 21; Fig. 3. Ji discloses that anode and
cathode diffusion media 14, 16 each include microporous layers 36, 38
"located on the side of the anode or cathode DM [diffusion media]
proximate the respective catalyst layer 32, 34."3 ,r 22.
Ji indicates that during operation of fuel cell 10 an H2 stream ( fuel
feed stream) flows through channel 40, and concurrently, an air or pure 02
stream (oxidant feed stream) flows through channel 42. ,r 23; Fig. 3. Ji
discloses that the H2 stream flows through anode diffusion media 14 to
anode catalyst 32, which causes the H2 to be oxidized into protons (H+). Id.
Ji discloses that the protons flow through membrane layer 30 to cathode
catalyst 34 where the protons combine with the 02 stream and electrons to
form water. Id. By disclosing that the protons combine with the 0 2 stream
at cathode catalyst 34, Ji implicitly indicates that 0 2 stream entering channel
42 flows through cathode diffusion media 16 to cathode catalyst 34. Thus,
one of ordinary skill in the art would have understood that flow of H2
through anode diffusion media 14 to anode catalyst 32, and flow of 02
through cathode diffusion media 16 to cathode catalyst 34, are critical to the
operation of fuel cell 10 disclosed in Ji.
3 In view of the unequivocal indication in Ji that microporous layers 36, 38
are "located on the side of the anode or cathode DM [diffusion media]
proximate the respective catalyst layer 32, 34," placement in Figure 3 of
reference numerals 36, 38 in layers of anode diffusion media 14 and cathode
diffusion media 16 proximate upper and lower plates 18, 20, rather than
anode 32 and cathode 34, appears to be an inadvertent error.
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Appeal 2018-001833
Application 14/221,865
Xie discloses membrane electrode assembly 9 for a polymer
electrolyte fuel cell that includes electrolyte membrane 2 sandwiched
between catalyst layer 5 for fuel and catalyst layer 6 for oxidizing agent.
,r,r 2, 48, 49; Figs. 2A and 2B. Xie discloses that membrane electrode
assembly 9 also includes gas diffusion layer 3 for fuel composed of
electrically conductive fibers and positioned on the side of catalyst layer 5
for fuel not facing electrolyte membrane 2, and gas diffusion layer 4 for
oxidizing agent composed of electrically conductive fibers and positioned on
the side of catalyst layer 6 for oxidizing agent not facing electrolyte
membrane 2. ,r,r 7, 48, 49; Figs. 2A and 2B.
Xie discloses positioning a reinforcement layer including a plurality
of micro bodies having resistance to gas permeability, and an electrolyte
component having ionic conductivity, between the catalyst layer for fuel and
the electrolyte membrane, between the catalyst layer for oxidizing agent and
the electrolyte membrane, or inside the electrolyte membrane to "restrain the
electrically conductive fibers of the gas diffusion layer for fuel and/or the
gas diffusion layer for oxidizing agent from sticking into the electrolyte
membrane." ,r,r 25-27. Xie discloses an embodiment in which
reinforcement layer 11 is positioned between electrolyte membrane 2 and
catalyst layer 6 for oxidizing agent, and exemplifies a reinforcement layer
comprised of carbon black microbodies and an ion-exchange resin. ,r,r 48,
49, 60; Figs. 2A and 2B.
The Examiner refers to the reinforcement layer disclosed in Xie as a
"porous layer," and as discussed above, proposes using Xie's exemplified
reinforcement layer comprised of carbon black micro bodies and an ion-
exchange resin as the anode diffusion media 14 and cathode diffusion media
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Application 14/221,865
16 in Ji' s membrane electrode assembly 12. Final Act. 6-7. As Appellant
points out (App. Br. 18-19), and as discussed above, however, Xie discloses
that the reinforcement layer is resistant to gas permeability. See, e.g., Xie
,r,r 8, 25, 26, 30, 32, 52. As also discussed above, one of ordinary skill in the
art would have understood that flow of H2 through Ji' s anode diffusion
media 14, and flow of02through Ji's cathode diffusion media, are critical to
the operation of Ji's fuel cell 10. It follows that one of ordinary skill in the
art also would have understood that the Examiner's proposed use of Xie' s
reinforcement layer, which is resistant to gas permeability, for Ji's gas
permeable anode and cathode diffusion media would at the very least
negatively impact the efficiency of Ji' s fuel cell, and would likely render it
inoperable, as Appellant argues. App. Br. 19-20.
Consequently, the Examiner does not provide a persuasive, reasoned
explanation, supported by objective evidence, for why one of ordinary skill
in the art would have been led to use Xie' s exemplified reinforcement layer
comprised of carbon black microbodies and an ion-exchange resin as the
anode diffusion media 14 and cathode diffusion media 16 in Ji' s membrane
electrode assembly 12. Accordingly, the Examiner fails to establish that the
combined disclosures of Ji, Sugawara, 4 and Xie would have suggested a
membrane electrode assembly including an anode and cathode that each
comprise a piled body comprising a gas diffusion layer and a porous layer
interposed between an electrode catalyst layer and the gas diffusion layer, as
required by claims 1 and 12. It follows that the Examiner fails to establish a
prima facie case of obviousness of the subject matter recited in claims 1 and
4 The Examiner does not rely on Sugawara for any disclosure that cures the
deficiencies of Ji and Xie discussed above. Final Act. 5---6.
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Application 14/221,865
12 within the meaning of 35 U.S.C. § 103(a). See In re Oetiker, 977 F.2d
1443, 1445 (Fed. Cir. 1992) ("[T]he examiner bears the initial burden, on
review of the prior art or on any other ground, of presenting a prima facie
case of unpatentability.").
We accordingly do not sustain the Examiner's rejection of claims 1
and 12 under 35 U.S.C. § 103(a), and also of claims 3, 4, and 11, which each
depend from either claim 1 or claim 12.
DECISION
We reverse the Examiner's rejections of claims 1, 3, 4, 11, and 12
under 35 U.S.C. § 103.
REVERSED
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