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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11 and 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites the limitation “the or each raised member” in line 2. There is insufficient antecedent basis for this limitation in the claim. The examiner is interpreting the limitation as a plurality of raised members, following claim 10.
Claim 14 recites the limitation "the shaped port feature" in lines 4-5. There is insufficient antecedent basis for this limitation in the claim. The examiner is interpreting the limitation as a shaped port feature.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2, 5 and 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipate by Zerfass US20070003811A1.
Regarding claim 1, Zerfass discloses a metal-supported solid oxide fuel cell (Zerfass, [0011]) comprising:
a plurality of repeat units (Zerfass, Fig. 1, fuel cell units 102), each repeat unit comprising:
a separator plate (Zerfass, Fig. 1, lower part 112),
and a metal support plate (Zerfass, [0082], [0086], Fig. 1, upper part 106 and foil 116 and passage 120) comprising a porous region (Zerfass, Fig. 1, passage 120) and a non-porous region surrounding the porous region (Zerfass, Fig. 1, surrounding areas of upper part 106 and foil 116, passage 120)
carrying cell chemistry layers provided over the porous region (Zerfass, Fig. 1, CEA unit 108, passage 120), it is the examiner’s position that the cell chemistry layers are carried as they are not suspended in space and no further metes and bounds are provided as to the structure of carrying, and provided crossing from one side to another of passage 120, satisfying the limitation over the porous region,
wherein the metal support plate overlies the separator plate (Zerfass, Fig. 7, upper part 106, lower part 112), wherein:
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at least one of the separator plate and the metal support plate comprises flanged perimeter features (Zerfass, annotated Fig. 7, lower part 112, flanged perimeter), said flanged perimeter features being formed from at least one of the separator plate and the metal support plate having a substantially uniform material thickness into a concave configuration (Zerfass, Fig. 7, lower part 112, flanged perimeter),
the separator plate and the metal support plate are directly adjoined at the flanged perimeter features to form a fluid volume therebetween (Zerfass, annotated Figs. 7-8, upper part 106, lower part 112, ducts 172),
at least one fluid port (Zerfass, Fig. 1, ports 124 and 126, openings 142 and 144) is provided in each of the separator plate (Zerfass, Fig. 1, lower part 112, openings 142 and 144) and the metal support plate (Zerfass, Fig. 1, upper part 106, ports 124 and 126) within the flanged perimeter features (Zerfass, Figs. 1 and 7, upper part 106, ports 124 and 126, lower part 112, openings 142 and 144), the respective fluid ports being aligned and in communication with the fluid volume, provided with features defining fluid pathways to enable passage of fluid from the port to the fluid volume (Zerfass, [0162], Fig. 7, upper part 106, ports 124 and 126, lower part 112, openings 142 and 144, ducts 172)
and the cell chemistry layers take the form of an electrochemically active layer comprising an anode, an electrolyte and a cathode (Zerfass, [0090]) formed onto the metal support plate (Zerfass, [0064]) over the porous region that is provided within the metal support plate (Zerfass, Fig. 8, upper part 106 and foil 116 and passage 120, CEA unit 108), it is the examiner position that 108 is formed onto 106 via 116 over 120 that is located within 106, see Fig. 1. See above for interpretation of the limitation “over”.
Regarding claim 1, Zerfass discloses a metal-supported solid oxide fuel cell (Zerfass, [0011]) comprising:
a plurality of repeat units (Zerfass, Fig. 8, fuel cell units 102), each repeat unit comprising:
a separator plate (Zerfass, Fig. 8, lower part 112),
and a metal support plate (Zerfass, [0082], [0086], Fig. 8, upper part 106 and substrate 109) comprising a porous region (Zerfass, [0098], Figs. 6-8, substrate 109) and a non-porous region surrounding the porous region (Zerfass, Figs. 6-8, surrounding areas of upper part 106, substrate 109)
carrying cell chemistry layers provided over the porous region (Zerfass, [0090], Fig. 8, substrate 109, CEA unit 108)
wherein the metal support plate overlies the separator plate (Zerfass, Fig. 7, upper part 106, lower part 112), wherein:
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at least one of the separator plate and the metal support plate comprises flanged perimeter features (Zerfass, annotated Fig. 7, lower part 112, flanged perimeter), said flanged perimeter features being formed from at least one of the separator plate and the metal support plate having a substantially uniform material thickness into a concave configuration (Zerfass, Fig. 7, lower part 112, flanged perimeter),
the separator plate and the metal support plate are directly adjoined at the flanged perimeter features to form a fluid volume therebetween (Zerfass, annotated Figs. 7-8, upper part 106, lower part 112, ducts 172),
at least one fluid port (Zerfass, Fig. 1, ports 124 and 126, openings 142 and 144) is provided in each of the separator plate (Zerfass, Fig. 1, lower part 112, openings 142 and 144) and the metal support plate (Zerfass, Fig. 1, upper part 106, ports 124 and 126) within the flanged perimeter features (Zerfass, Figs. 1 and 7, upper part 106, ports 124 and 126, lower part 112, openings 142 and 144), the respective fluid ports being aligned and in communication with the fluid volume, provided with features defining fluid pathways to enable passage of fluid from the port to the fluid volume (Zerfass, [0162], Fig. 7, upper part 106, ports 124 and 126, lower part 112, openings 142 and 144, ducts 172)
and the cell chemistry layers take the form of an electrochemically active layer comprising an anode, an electrolyte and a cathode (Zerfass, [0090]) formed onto the metal support plate over the porous region that is provided within the metal support plate (Zerfass, Fig. 8, upper part 106 and substrate 109, CEA unit 108), it is the examiner position that 108 is formed onto 106 over 109 that is located within 120 of 106, see Fig. 7.
Regarding claim 2, Zerfass also discloses wherein the porous region is disposed over a central region of the separator plate (Zerfass, Fig. 1, substate 109, lower part 112).
Regarding claim 5, Zerfass additionally discloses wherein the flanged perimeter features are only provided on the separator plate (Zerfass, Fig. 8, lower part 112).
Regarding claim 14, Zerfass further discloses the fuel cell or electrolyser cell units being stacked upon one another (Zerfass, Figs. 7-8, fuel cell units 102) with seals around the fluid ports between adjacent fuel cell units (Zerfass, Figs. 7-8, sealing arrangement 118), the seals overlying a shaped port features (Zerfass, Figs. 7-8, sealing arrangement 118, parts 154).
Regarding claim 15, Zerfass also discloses wherein the seals comprise one of in situ seals (Zerfass, [0082]).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zerfass US20070003811A1 in view of Kato US20110171549A1.
Regarding claim 3, Zerfass does not disclose wherein the central region comprises central projections extending to the porous region of the metal support plate.
Kato teaches wherein the central region comprises central projections (Kato, Fig. 2, protrusions 18a) extending to the porous region of the metal support plate (Kato, Fig. 2, gas diffusion layer 14). Therefore it would be obvious to the skilled artisan to add the projections of Kato to Zerfass thereby supplying and exhausting fluid to and from the porous region (Kato, [0060]).
Claim(s) 4, 6-13, 17-19 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zerfass US20070003811A1 in view of Beckmann US20040038102A1 (cited in office action mailed 04 March 2025).
Regarding claim 4, Zerfass does not disclose wherein the fluid pathways from the fluid port to the fluid volume are tortuous and/or cross one another at a plurality of locations.
Beckman teaches wherein the fluid pathways from the fluid port to the fluid volume are tortuous and/or cross one another at a plurality of locations (Beckmann, Fig. 4, ports 10, active region 11, distributor region 12). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the fluid pathways of Beckmann to Zerfass thereby providing a homogeneous distribution of the fluids (Beckmann, [0051]).
Regarding claim 8, Zerfass does not disclose wherein at least one of the separator plate and the metal support plate is provided with one or a plurality of raised members, that extend away from the other plate and that are arranged around the or each fluid port.
Beckman teaches wherein at least the separator plate (Beckman, Fig. 4, separator 2) is provided with one or a plurality of raised members (Beckman, Fig. 4, nubs in distributor region 12), that extend away from the other plate and that are arranged around the or each fluid port (Beckmann, Fig. 4, ports 10). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the plurality of raised members of Beckmann to Zerfass thereby providing a homogeneous distribution of the fluids (Beckmann, [0051]).
Regarding claim 9, Zerfass as modified above by Beckmann does not teach wherein there are a plurality of raised members so arranged to define a space for accommodating a gasket within the raised members and/or a plurality of raised members so arranged to define a perimeter for accommodating a gasket outside of the raised members.
Beckmann teaches wherein there are a plurality of raised members so arranged to define a perimeter for accommodating a gasket outside of the raised members (Beckmann, [0050-0052], Figs. 2 and 4, nubs in distributor region 12, sealing body 13). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the plurality of raised members of Beckmann to Zerfass thereby sealing the active to the outside (Beckmann, [0048]).
Regarding claim 12, Zerfass as modified above by Beckmann does not teach wherein the or each raised member of the one or a plurality of raised members has a peak that defines a hard stop surface against which an adjacent fuel cell or electrolyser cell unit, or a part extending therefrom, can bear during assembly of a stack of the fuel cell or electrolyser cell units.
Beckman teaches wherein the or each raised member of the one or a plurality of raised members has a peak that defines a hard stop surface (Beckmann, [0051]) against which an adjacent fuel cell or electrolyser cell unit, or a part extending therefrom, can bear during assembly of a stack of the fuel cell or electrolyser cell units (Beckmann, Fig. 1, fuel cell stack 1). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the plurality of raised members of Zerfass with the teaching of Beckmann thereby providing a homogeneous distribution of the fluids (Beckmann, [0051]).
Regarding claim 13, Zerfass as modified by Beckmann further teaches wherein there are multiple raised members defining hard stop surfaces (Beckmann, Fig. 4, nubs of distributor region 12) and the hard stop surfaces all lie in a common plane (Beckmann, [0051]).
Regarding claim 17, Zerfass does not disclose wherein at least one of the separator plate and the metal support plate is provided with one or a plurality of raised members, that extend away from the other plate and that are arranged around the or each fluid port, wherein the or each raised member of the one or a plurality of raised members has a peak that defines a hard stop surface against which an adjacent fuel cell or electrolyser cell unit, or a part extending therefrom, can bear during assembly of a stack of the cell units, wherein the at least one seal that sits on a seal receiving surface of a lower one of the fuel cell or electrolyser cell units has a height above that seal receiving surface before the next fuel cell or electrolyser cell unit is stacked thereon, and the hard stop surface of the lower one of the fuel cell or electrolyser cell units has a height that is located above that seal receiving surface but below the height of the seal that sits on the seal receiving surface so as to provide a limit to compression between the adjacent fuel cell or electrolyser cell units.
Beckmann teaches wherein at least the separator plate (Beckman, Fig. 4, separator 2) is provided with one or a plurality of raised members (Beckman, Fig. 4, nubs in distributor region 12), that extend away from the other plate and that are arranged around the or each fluid port (Beckmann, Fig. 4, ports 10), wherein the or each raised member of the one or a plurality of raised members has a peak that defines a hard stop surface (Beckmann, [0051]) against which an adjacent fuel cell or electrolyser cell unit, or a part extending therefrom, can bear during assembly of a stack of the fuel cell or electrolyser cell units (Beckmann, Fig. 1, fuel cell stack 1), wherein the at least one seal that sits on a seal receiving surface of a lower one of the fuel cell or electrolyser cell units has a height above that seal receiving surface before the next fuel cell or electrolyser cell unit is stacked thereon (Beckmann, as reasonably suggested in Fig. 3, body 13, region 14), and the hard stop surface of the lower one of the fuel cell or electrolyser cell units has a height that is located above that seal receiving surface but below the height of the seal that sits on the seal receiving surface so as to provide a limit to compression between the adjacent fuel cell units (Beckmann, as reasonably suggested in Fig. 3, nubs in region 12, body 13, region 14). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the plurality of raised members of Beckmann to Zerfass thereby providing a homogeneous distribution of the fluids (Beckmann, [0051]).
Regarding claim 18, Zerfass does not disclose wherein at least one of the seals is positioned partially in a groove that surrounds a respective fluid port for that seal.
Beckmann teaches wherein at least one of the seals is positioned partially in a groove that surrounds a respective fluid port for that seal (Beckmann, [0056]). Therefore it would be obvious to the skilled artisan to add the seal and groove of Beckmann to Zerfass thereby ensuring any force exerted on the separator plate and the sealing bodies will be directed perpendicularly to the separator plate and the sealing bodies (Beckmann, [0056]).
Regarding claim 23, Zerfass also discloses wherein the features defining fluid pathways comprise shaped port features (Zerfass, Figs. 7-8, parts 154) formed around the fluid port on at least one of the separator plate and the metal support plate (Zerfass, Figs. 7-8, ducts 172). Zerfass does not disclose wherein elements of the shaped port features are spaced from one another to define the fluid pathways between the elements from the fluid port.
Beckmann teaches wherein elements of the shaped port features are formed around the fluid port on at least one of the separator plate (Beckmann, Fig. 4, separator 2, ports 10, nubs in region 12) and are spaced from one another to define the fluid pathways between the elements from the fluid port (Beckman, Fig. 4, ports 10, nubs in distributor region 12). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the shaped port features of Beckmann to Zerfass thereby providing a homogeneous distribution of the fluids (Beckmann, [0051]).
Regarding claim 6, modified Zerfass additionally teaches wherein the shaped port features are only provided on the separator plate (Beckmann, Fig. 4, separator 2, ports 10, nubs in region 12).
Regarding claim 7, Zerfass as modified by Beckmann does not teach wherein the shaped port features are the same height above the surface from which they extend as the distance between opposed inner surfaces of the two plates.
Beckmann teaches wherein the shaped port features are the same height above the surface from which they extend as the distance between opposed inner surfaces of the two plates (Beckmann, [0051]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the shaped port feature of modified Zerfass with the teaching of Beckmann, thereby providing a homogeneous distribution of the fluids (Beckmann, [0051]).
Regarding claim 10, Zerfass as modified by Beckmann does not explicitly teach wherein there are a plurality of raised members interspersed amongst the shaped port features.
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Beckmann teaches wherein there are a plurality of raised members interspersed amongst the shaped port features (Beckmann, Fig. 4, section B-B, region 12, raised members between shaped port features).
Therefore it would be obvious to the skilled artisan to add the raised members of Beckmann to Zerfass thereby providing a homogeneous distribution of the fluids (Beckmann, [0051]).
Regarding claim 11, Zerfass as modified by Beckman does not wherein a plurality of raised member is positioned outside of the shaped port features.
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Beckmann teaches wherein a plurality of raised member is positioned outside of the shaped port features (Beckmann, Fig. 4, section B-B, region 12, raised members outside shaped port features).
Therefore it would be obvious to the skilled artisan to add the raised members of Beckmann to Zerfass thereby providing a homogeneous distribution of the fluids (Beckmann, [0051]).
Regarding claim 19, Zerfass teaches wherein the internal components of the fuel cell or electrolyser cell stack comprises only the stack of cell units and the seals (Zerfass, Fig. 8, fuel cell units 102 comprising all of the elements shown in Fig. 8, seals 118).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zerfass US20070003811A1 in view of Beckmann US20040038102A1 (cited in office action mailed 04 March 2025) and further in view of Erikstrup US20110129756A1 (cited in IDS filed 15 June 2021).
Regarding claim 20, modified Zerfass does not teach wherein the shaped port features define concave pores on the outer surface of the plate in which they are formed, which pores of each set of shaped port features are covered by one of the seals, the pores optionally being located in a raised portion of the plate.
Erikstrup teaches wherein the shaped port features define concave pores on the outer surface of the plate in which they are formed (Erikstrup, [0129-0133], Figs. 1-O to 1-D and 2-O, side protruding seal surfaces 106 and 206), which pores of each set of shaped port features are covered by one of the seals (Erikstrup, [0129-0133]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the pores of Erikstrup to modified Zerfass thereby diverting a potential blockage of a flow path and return to the flow path after the blockage (Erikstrup, [0133]).
Response to Arguments
Applicant’s arguments, see pp. 7-9, filed 02 April 2026, with respect to the 102/103 rejections of claims 1-23 have been fully considered and are persuasive. The 102/103 rejections of claims 1-23 have been withdrawn as they have been overcome by applicant’s amendment and arguments. In particular applicant’s argument that making integral Zerfass parts 112 and substrate 109 would require additional components such as porous element 110 and nonporous element 138, which would overlay the porous region. However, upon further consideration, a new ground(s) of rejection is made in view of the interpretation of Zerfass US20070003811A1 as set forth above.
The examiner notes that in applicant’s arguments, it appears applicant is arguing the claimed metal support plate comprising a porous region and a non-porous region surrounding the porous region is an/a integral/monolithic structure, which is not commensurate in scope with the claim language, and as set forth above in the first rejection of claim 1, Zerfass anticipates an integral structure.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the metal support plate comprising a porous region and a non-porous region surrounding the porous region is an/a integral/monolithic structure) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The examiner additionally notes that structure, such as that depicted in Instant Figs. 10-11, does not appear to be disclosed, taught or reasonably suggested by the prior art that has been applied.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARED HANSEN whose telephone number is (571)272-4590. The examiner can normally be reached M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette can be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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