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 .
Response to Amendment
The amendment filed 03/09/2026 has been entered. Claim 1 is substantively amended. Claims 14-15 are newly added. Support is found in the figures as originally filed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. That is, Richards is now relied upon to teach the amended claim 1 limitations and the new limitations introduced by claims 14-15.
However, examiner notes that arguments against Solozabal are not particularly persuasive because even if the art is from a different field of endeavor, it still pertinent to the problem of securing two flat workpieces and teaches that a threaded internal aperture/orifice is a known technique to achieve the shared goal of connection with a threaded screw.
Claim Rejections - 35 USC § 103
Claims 1, 3, 5-8, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Bernard et al. (FR 3075481) in view of Richards (US 5547777 A). A copy of Bernard et al. was cited in the IDS filed 5/16/2022. US 2020/0403261 A1 was used as a translation of FR 3075481, as noted in the IDS filed 5/16/2022.
Regarding claim 1, Bernard et al. teaches an assembly, including:
a solid-oxide stack of an SOEC/SOFC type in [0004] operating at high temperature in [0004], including:
a plurality of electrochemical cells C1, C2, and 41 in [0024], [0028], [104], Fig. 2, and Fig. 4 each formed by a cathode, an anode and an electrolyte interposed between the cathode and the anode in [0024], and a plurality of intermediate interconnectors 42each arranged between two adjacent electrochemical cells in [0011], [0028-0029], [0104], and Fig. 4,
a system for clamping the solid-oxide stack of the SOEC/SOFC type in [0005] and [0053], including a top clamping plate and a bottom clamping plate by upper and lower clamping plate 45 and 46 respectively in [0053], [105], Fig. 4, and Fig. 6A-6C, between which the solid-oxide stack of the SOEC/SOFC type is gripped in [0053], [105], Fig. 4, and Fig. 6A-6C, each clamping plate as seen by upper and lower plates 45 and 46 respectively in annotated Fig. A including at least two clamping orifices as pointed out by the annotations A for the upper plate 45 and B for lower plate 46, the clamping system further including:
at least two clamping rods as seen by annotation C intended to each extend through a clamping orifice of the top clamping plate and through a corresponding clamping orifice in the bottom clamping plate as seen by annotations A, B, and C in annotated Fig. A and [0108] to enable the top and bottom clamping plates to be assembled together as established in [0055];
clamping means first clamping nut 56, second clamping nut 57, and clamping washer 58 at each clamping orifice of the top and bottom clamping plates intended to cooperate with said at least two clamping rods to enable the top and bottom clamping plates to be assembled together as established and further described in [0055], [0109], and [0110] for the structure defined by annotations A, B, and C in annotated Fig. A;
at least one system for gastight at high temperature coupling of the solid-oxide stack of the SOEC/SOFC type by high temperature sealed coupling system 30 in [0056] and [0111], attached to at least one of the top and bottom clamping plates as established in [0058] and [0063] and to the lower clamping plate 46 in Fig. 6A-6C, including:
a coupling flange attached to said at least one of the top and bottom clamping plates by the collector in [0058], the coupling flange comprising a through internal conduit by the collecting duct in [0058] to enable a gas inlet and/or outlet tube to pass by the feed and outlet for gas in [0058], and at least one first through internal screwing orifice as seen by annotation G of annotated Fig. B and that the clamping rod going through it may be threaded in [0123-0124]. Bernard et al. teaches the clamping rods may be threaded in [0123-0124] that go through the internal screwing orifice as shown in Annotated Fig. A and B go through the internal screwing orifice and are by the securing nut in [0123-0124].
Bernard et al. fails to explicitly teach the first through internal screwing orifice includes a first internal thread.
However, Richards, which is analogous in the art of fuel cell stacks having compressive end plates (abstract) teaches top and bottom clamping plates (endplates 22 above and below collector plates 11a/11b, Fig. 8), a coupling flange attached to said at least one of the top and bottom clamping plates (integral housing 20 around bolts 23b, Fig. 8) which includes a first through internal screwing orifice which includes a first internal thread (bonded inserts 23a into which threaded bolts 23b are screwed, Fig. 8 – at top). Richards teaches that such mounting hardware for securing the clamping plates helps achieve uniform compressive stress over the area of the fuel cell stack to beneficially increase the contact area between the electrically conductive components of the stack and thus fuel cell stack efficiency (Abstract).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the threaded rod through the orifice and secured by a nut of Bernard et al. so that the first internal screwing orifice is threaded, as suggested by Richards to achieve uniform compressive stress and increase fuel cell stack efficiency. Further, the use of known technique to improve similar devices in the same way supports an obviousness conclusion per MPEP 2143 I C, such that using the threaded orifice connection technique taught toward by Richards to improve the fuel cell stack of Bernard et al. would have been obvious.
Bernard et al. teaches at least one clamping screw by annotations E of annotated Fig. B, provided with a clamping head by annotations F of annotated Fig. B, able to be screwed into said at least one first through internal screwing orifice by [0123-0124] and this capability being exemplified in Fig. 6A and 6B; and
a seal by seal 35 in [0059], positioned between said at least one of the top and bottom clamping plates by lower clamping 46 as seen in annotated Fig. C, and against a first end face, as seen by the seal 35 and annotations in annotated Fig. C, opposite to a second end face, as seen by the seal 35 and annotations in annotated Fig. C, of the coupling flange, as seen by collector 31 in annotated Fig. C;
and wherein said at least one of the top and bottom clamping plates includes:
Bernard et al. teaches at least one second internal screwing orifice by annotations D and that the clamping rod going through it may be threaded in [0123-0124]. Bernard et al. teaches the clamping rods may be threaded in [0123-0124] that go through the internal screwing orifice as shown in Annotated Fig. A and B go through the internal screwing orifice and are by the securing nut in [0123-0124].
Bernard et al. fails to explicitly teach the second through internal screwing orifice includes a first internal thread, nor that the second internal screwing orifice positioned opposite the first internal screwing orifice.
However, Richards, which is analogous in the art of fuel cell stacks having compressive end plates (abstract) teaches top and bottom clamping plates (endplates 22 above and below collector plates 11a/11b, Fig. 8) having includes a second through internal screwing orifice (where 23b at bottom protrudes through 22 and 11b, Fig. 8) which includes a first internal thread (bonded inserts 23a into which threaded bolts 23b are screwed, Fig. 8 – at bottom), such that the second internal screwing orifice positioned opposite the first internal screwing orifice (top versus bottom). Richards teaches that such mounting hardware for securing the clamping plates helps achieve uniform compressive stress over the area of the fuel cell stack to beneficially increase the contact area between the electrically conductive components of the stack and thus fuel cell stack efficiency (Abstract).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the threaded rod through the orifice and secured by a nut of Bernard et al. so that the first internal screwing orifice is threaded, as suggested by Richards to achieve uniform compressive stress and increase fuel cell stack efficiency. Further, the use of known technique to improve similar devices in the same way supports an obviousness conclusion per MPEP 2143 I C, such that using the threaded orifice connection technique taught toward by Richards to improve the fuel cell stack of Bernard et al. would have been obvious.
The combination of teachings would result in the first internal thread being opposite the second internal thread due to the first internal screwing orifice and second internal screwing orifice of Bernard et al. being opposite each other by Richards Fig. 8 showing bolts 23b being secured into to threaded orifices at the top and bottom of the fuel cell stack (opposite in height/stacking direction). Therefore the at least one clamping screw of annotation E of annotated Fig. B that is threaded in [0123-0124] would be able to be screwed into said at least one second internal screwing orifice for attaching the coupling flange to said at least one of the top and bottom clamping plates as seen by annotations D, E, and G, being brought together in Fig. 6A and 6B; and
a through gas-passage conduit in [0059] by collecting hole 33 and communication hole 34, intended to be in fluidic communication with the solid-oxide stack of the SOEC/SOFC type and said gas inlet and/or outlet tube by [0058-0059] and [0114].
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Figure A. Annotated Fig. A of Fig. 6C of Bernard et al.
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Figure B. Annotated Fig. B of Fig. 6C of Bernard et al.
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Figure C. Annotated Fig. C of Fig. 6B of Bernard et al.
Regarding claim 3, Bernard et al. teaches wherein the gas inlet and/or outlet tube includes a spiral winding by a loop tube in [0036],
Bernard et al. fails to explicitly teach comprising at least four turns.
However, Bernard et al. teaches modifying the structures to increase flow rates of hydrogen and oxygen produced in [0023].
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the tubing cross-sectional area, length, and number of turns of the loop tube in [0036] to modify the flow rate of the gas inlets and outlets of [0026] as elsewhere completed in the structure in [0023]. This is because changes to size and shape of the prior art are an obvious modification absent evidence to the contrary (see MPEP 2144.04 Part IV).
Regarding claim 5, Bernard et al. teaches wherein the number of clamping screws, the number of first through internal screwing orifices and the number of second internal screwing orifices is 2 by the two annotations D, E, and G for annotated Fig. B.
Regarding claim 6, Bernard et al. teaches wherein the coupling flange includes at least one shoulder on the lateral surface of the coupling flange by annotation H in annotated Fig. B which shows a shoulder off of the flat lateral base surface of the collector.
Regarding claim 7, Bernard et al. teaches wherein it includes a top end plate and a bottom end plate, between which the plurality of electrochemical cells and the plurality of intermediate connectors are gripped by [0024], [0053], [0105], Fig. 4, and Fig. 6A-6C.
Regarding claim 8, Bernard et al. teaches a furnace in [0056], to which at least one gas inlet and/or outlet tube is connected by [0036] and [0056-0058], and to which the solid-oxide stack of the SOEC/SOFC type operating at high temperature is coupled for entry and exit of gas by means of said at least one coupling system gastight at high temperature by [0056-0058] and [0111].
Regarding claim 14, Bernard et al. (as modified in view of Richards in regards to claim 1 above) fails to yet teach the at least one clamping screw is different from the at least two clamping rods. However, Richards does teach the central, vertically extended portions of housing 20 having a substantially rod shape (Fig. 8), and being separate components than the screws/bolts 23b. Also as shown in Fig. 11 of Richards, in an embodiment where multiple stack modules are integrates, mounting hardware 34 appears in the form of a threaded bolt and nut structure which also reads on a clamping screw for clamping together adjacent endplates 22. Richards also teaches in C4L6-29 that it is known in the art for external tie-rods to be used for applying compressive clamping forces to endplates of a multi-fuel cell stack.
Therefore, the use of separate clamping rods and clamping screws within Bernard et al. as modified in view of Richards would have been obvious to a person having ordinary skill in the art and still expect desired clamping forces and connection between the top and bottom plates. Making separable is a design modification which is within the ambit of a person having ordinary skill in the art per MPEP 2144.04 V C.
Regarding claim 15, Bernard et al. (as modified in view of Richards in regards to claim 1 above) and teaches the second internal screwing orifice (23a at bottom, Richards Fig. 8) is different from the clamping orifices (larger openings where 23b are inserted into endplate 22 at top in Richards Fig. 8, to deliver compressive force as noted above in regards to claim 1).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Bernard et al. (FR 3075481, cited to US 2020/0403261 A1) and Richards (US 5547777 A) as applied to claim 1 above, and further in view of Haltiner Jr. et al. (US 7,771,884 B2). Haltiner Jr. et al. was cited in the non-final rejection filed 4/23/2025.
Regarding claim 2, Bernard et al. fails to explicitly teach wherein said at least one of the top and bottom clamping plates and the coupling flange are produced from a same material.
However, Haltiner Jr. et al. teaches clamping plates and a manifold of ferritic stainless steel in in [0016] and [0020] by base plate 32 in [0017] and made of ferritic stainless steel in [0009] to match the coefficient of thermal expansion in [0009] and [0019] and low cost.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the compressing plate and collector or manifold of Bernard et al. to both be ferritic stainless steel like Haltiner Jr. et al. to match the coefficient of thermal expansion of the stack and lower costs as established in [0009] and [0019] in Haltiner Jr. et al.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Bernard et al. (FR 3075481, cited to US 2020/0403261 A1) and Richards (US 5547777 A) as applied to claim 1 above, and further in view of Akagi et al. (EP 0814528 A2). Akagi et al. was cited in the non-final rejection filed 4/23/2025.
Regarding claim 4, Bernard et al. fails to explicitly teach wherein said at least one clamping screw and the coupling flange are produced from a same material.
However, Akagi et al. teaches a metal bolt 11c extending through the collector/terminal plate 11b and collector portion support member 13 in [241] of Fig. 1, 4, and 30. As seen in Fig. 1, 4, and 30 and in [241-246], the collector portion support member 13 helps to compress the electrode stack together and the collector portion 11, collector portion retaining member 9, and the base mount 14/17 make up the base that is attached to the collector portion support member 13, by the metal bolt 11c and collector/terminal plate 11b, and have an internal conduit, by oxygen-containing gas supply pipe 20 and oxygen-containing gas exhaust pipe 21. Akagi et al. teaches the terminal plate 11b and bolt 11c are formed of Ni in [243].
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the screw and collector or manifold of Bernard et al. to be nickel as noted by Akagi et al. to be cost effective and avoid corrosion.
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 Jessie Walls-Murray whose telephone number is (571)272-1664. The examiner can normally be reached M-F, typically 10-4.
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/JESSIE WALLS-MURRAY/Primary Examiner, Art Unit 1728
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