Prosecution Insights
Last updated: April 19, 2026
Application No. 17/768,387

FUEL CELL

Non-Final OA §102§103§112
Filed
Jun 30, 2023
Examiner
WALLS-MURRAY, JESSIE LOGAN
Art Unit
1728
Tech Center
1700 — Chemical & Materials Engineering
Assignee
National University Corporation Kanazawa University
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
3y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
105 granted / 141 resolved
+9.5% vs TC avg
Strong +26% interview lift
Without
With
+25.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
31 currently pending
Career history
172
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
52.1%
+12.1% vs TC avg
§102
21.8%
-18.2% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 141 resolved cases

Office Action

§102 §103 §112
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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. Claims 1-5 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. Claims 1, 2, 3, and 4 each recite the limitation "the end portion of the flow groove portions". There is insufficient antecedent basis for this limitation in the claim. Claim 1 introduces “an end portion of the one side edge portion or an end portion of the other side edge portion…”, Claim 2 introduces “an end portion on a side opposite to the return groove portion…”, and Claim 3 introduces “an end portion on a side opposite to the return groove portion…”. Thus, it is unclear which end portion is referred to in each recitation of “the end portion of the flow groove portions”. Claim 5 is similarly rejected due to dependence on claims 4 and 1. 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. Claim(s) 1 and 4-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishimura et al. (WO 2009123284 A1, cited in the 04/12/2022 IDS, with line citations below to a machine translation attached to the present Office action), as evidenced by Shibuya (US 20140295322 A1, cited in the 04/12/2022 IDS and below within the Relevant Prior Art section). Regarding claim 1, Nishimura teaches a fuel cell being a direct liquid fuel cell (direct methanol fuel cell – DMFC, lines 29 and 131) in which a liquid containing … an alcohol is used as a fuel (using methanol as a fuel, line 29; liquid fuel such as methanol, line 808), the fuel cell comprising: a fuel electrode (fuel supplied to anode 103, line 172) that includes a fuel electrode catalyst layer (comprising a catalyst layer, line 172), a fuel electrode diffusion layer (and a gas diffusion layer, line 172), and a fuel electrode current collector (101, Fig. 1); an air electrode (oxygen supplied to cathode 104, line 189) that includes an air electrode catalyst layer (104 composed of catalyst layer, line 189), an air electrode diffusion layer (and a gas diffusion layer, line 189), and an air electrode current collector (107. Fig. 1); and an electrolyte membrane that is disposed between the fuel electrode catalyst layer and the air electrode catalyst layer (the anode 103 and the cathode 104 are bonded to both surfaces of the electrolyte membrane, forming a membrane-electrode assembly (MEA); lines 197-198), wherein the fuel electrode current collector (101/201) has: a fuel inflow port to which the fuel is supplied (to supply fuel to each single cell, a fuel supply manifold 108 is provided, line 212 and Fig. 1; 208 of Fig. 2 corresponds to 108, per line 234); a fuel outflow port from which the fuel is discharged (discharged to the outside of the battery via the fuel discharge manifold 109, line 214 and Fig. 1; 209 of Fig. 2 corresponds to 109 per lines 234-235) and a fuel flow groove ("flow path" and "groove" are used synonymously, lines 178-179; 219 of Fig. 2) that is formed on a fuel flow surface on a side abutting the fuel electrode diffusion layer (a fuel flow path 110 on surface of 101, in contact with anode 103 having gas diffusion layer, per lines 171-173; flow path 219 of the power generating surface 218 on outer edge of 201, per lines 240-241 and Fig. 2, where 201 corresponds to 101 per lines 232-234) and guides (along flow path, lines 229,237) the fuel from the fuel inflow port (219 connected to 208 via 203, lines 239-241 and Fig. 2) to the fuel outflow port (219 connected to 209 via 216, lines 241-244 and Fig. 2), wherein the fuel flow groove (219) has: a plurality of flow groove portions (flow path 219 divided into a plurality of grooves, line 285-286) that extend from one side edge portion of the fuel flow surface (anode channel surface, line 232) to the other side edge portion opposite to the one side edge portion (top to bottom in Fig. 2) and that are disposed in parallel at predetermined intervals (grooves 219 in horizontal direction on 201, spaced at intervals/divided by ribs 206 per lines 288-289 and Fig. 2; see also Fig. 4 and lines 442-444); and a plurality of return groove portions (bent portions 214, 215; lines 290, 299 and Fig. 2) that, in a manner of containing a plurality of groups adjacent to each other with directions of the fuel flowing in the plurality of flow groove portions being opposite (after flow path folding/bent portions 214/215 for reversing the direction of the gas flow path in the middle of the flow path facing the electrode; lines 124-125, 288-303 and Fig. 2 as annotated below), connect an end portion of the one side edge portion (in region of 215 at top of 201 in Fig. 2) or an end portion of the other side edge portion (in region of 214 at bottom of 201 in Fig. 2) of two adjacent groups among the plurality of groups in the plurality of flow groove portions (see annotation of Fig. 2 below), PNG media_image1.png 648 636 media_image1.png Greyscale wherein each of the plurality of return groove portions has a first inner wall surface portion facing the end portion of the flow groove portions in the plurality of return groove portions (inside surfaces of ribs 206 at both bent portions in 215 and in 214, facing grooves 219; Fig. 2), and wherein the first inner wall surface portion has a curved surface shape in which a distance facing with each other from the first inner wall surface portion to the end portion of the flow groove portions, gradually decreases (see annotation below) toward both end portions of the first inner wall surface portion in a direction orthogonal (left-right, Fig. 2) to an extending direction of the flow groove portions (curved shape of ribs 206 within 214 and 215 – see annotations below to Fig. 2 excerpts). PNG media_image2.png 841 896 media_image2.png Greyscale Examiner notes that the ‘R1’ and ‘R2’ in the above annotations of Nishimura Fig. 2 correspond to those of the instant application disclosure [0059-0060] and Fig. 4, such that Nishimura indeed meets the instant limitation of “the first inner wall surface portion has a curved surface shape in which a distance facing with each other from the first inner wall surface portion to the end portion of the flow groove portions, gradually decreases toward both end portions of the first inner wall surface portion in a direction orthogonal to an extending direction of the flow groove portions.” Nishimura does not explicitly teach that 101/201 and 107 are “electrode current collector[s]”, but rather discloses such as separators (line 185). Nishimura does teach the functionality of said separators, in that “electrons are delivered to the separator 101, transferred to the separator 107 after passing through the external circuit” (lines 185-186), such that 101 and 107 allow for flow of electric current externally from the fuel cell. Shibuya is analogous in the art of direct methanol fuel cells ([0021]) and teaches that within a DMFC, the term “fuel cell separator” refers to a fuel cell separator which has electrical conductivity, collects energy (electricity) produced on each single cell, and that said separator is also referred to as a current collector ([0036]; see also current collector plates 140A/140B, [0078] an Fig. 3). Therefore, Shibuya provides evidence that the “separators” within the art of direct methanol fuel cells are synonymous with “current collectors” which function to impart electrical conductivity and collect electricity produced by the electrodes of the cell. Regarding claim 4, Nishimura teaches the limitations of claim 1 above and wherein the fuel flow groove has a plurality of rib portions that are disposed between the plurality of flow groove portions (ribs 206 between flow path grooves 219, lines 288-289 and Fig. 2), and wherein the plurality of rib portions have a plurality of protruding portions protruding in a circular arc shape in a plan view outward from the flow groove portions (tips of each rib 206 are rounded in vertical direction, Fig. 2), at the end portion of the flow groove portions facing each of the first inner wall surface portion (rounded tips where 206 protrude from 219 space into 214/215 spaces, Fig. 2), a second inner wall surface portion (rounded tips where 206 protrude from 219 space toward 203 space, Fig. 2), and a third inner wall surface portion (rounded tips where 206 protrude from 219 space toward 216 space, Fig. 2). Regarding claim 5, Nishimura teaches the limitations of claim 4 above and wherein the plurality of protruding portions protruding into the return groove portion (tips of 206 into regions 214, 215; Fig. 2) are formed such that a protruding height of the protruding portion gradually decreases from both end portions of the return groove portion (rounded tips of ribs 206 decrease in height due to their inherent curvature – see shape of 206 tips Nishimura Fig. 2, like shape of 73 in instant Figs. 4-5 explained in instant [0102]) in a direction orthogonal to the extending direction of the flow groove portions toward a boundary (boundaries of 219 toward portions 214 215; Fig. 2 – horizontally, i.e. orthogonal to vertical flow direction in grooves 219), at which a direction of the fuel flowing in the two groups is reversed (flow is reversed within bent portions 214, 215; lines 124-125, 288-303 and Fig. 2), between two groups of the flow groove portions among the plurality of groups (214 between FG group 1 and FG group 2, 215 between FG group 2 and FG group 3; see annotation of Fig. 2 above within claim 1 rejection). Claim Rejections - 35 USC § 103 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(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura et al. (WO 2009123284 A1, cited in the 04/12/2022 IDS, with line citations below to a machine translation attached to the present Office action), as evidenced by Shibuya (US 20140295322 A1, cited in the 04/12/2022 IDS and below within the Relevant Prior Art section) as applied to claim 1 above, and further in view of Wariishi et al. (US 6524735 B1). Regarding claim 2, Nishimura teaches the limitations of claim 1 above and wherein the fuel flow groove has an inflow groove portion that is connected to the fuel inflow port (flow path 203 from fuel supply manifold 208, line 239 and Fig. 2) and to which an end portion on a side opposite to the return groove portion of one group among the plurality of groups in the plurality of flow groove portions is connected (at communicating portion 202 connected to 219 at upper end, opposite lower end connection to return passage 214; Fig. 2), the one group of the plurality of flow groove portions being configured such that the fuel first flows therein (FG group 1 in annotation of Nishimura Fig. 2 above, in claim 1 rejection, is the first group through which fuel supplied through 208 to 2019 flows top to bottom before reversing at 214), wherein the inflow groove portion has a second inner wall surface portion facing the end portion of the flow groove portions in the inflow groove portion (upper inner surface of region 203 abutting 208, Fig. 2), but fails to teach: wherein the second inner wall surface portion has a curved surface shape in which a distance facing with each other from the second inner wall surface portion to the end portion of the flow groove portions, gradually decreases toward an outflow side end portion of the second inner wall surface portion in a direction orthogonal to an extending direction of the flow groove portions. Wariishi is analogous in the art of fuel cells and teaches fuel cell stack 80 with fuel cell units 12, having a supply passage 36a supplying fuel to flow passage grooves 44 (Fig. 8). Wariishi teaches an inflow portion (between 36a to 44) having curved sidewall surfaces 50c and 50a (Figs. 8-9), such that a distance facing with each other from the second inner wall surface portion (i.e., of 50c/50a) to the end portion of the flow groove portions (right ends of 44a-d), gradually decreases toward an outflow side end portion of the second inner wall surface portion (from 50c upward toward 50a) in a direction orthogonal to an extending direction of the flow groove portions (vertical orthogonal to horizontal; Fig. 8). Wariishi teaches that beneficially: fuel gas flow passage for supplying the fuel gas to each of fuel cell units is provided on a surface of the first separator, and curved surfaces, which are curved in a flow direction of the fuel gas, are provided corresponding to each of boundary portions between the fuel gas flow passage and the fuel gas supply passage and the fuel gas discharge passage, such that it is possible to effectively reduce the delivery pressure loss and the collection pressure loss of the fuel gas (Abstract). It would have been obvious, at the time of filing, for a person having ordinary skill in the art to modify the inner wall of the inflow groove portion of Nishimura with the curved shape with reducing distance as taught by Wariishi with the motivation of effectively reducing the delivery pressure loss of the fuel at the supply side of modified Nishimura. Thus, the instant claim 2 is rendered obvious. Regarding claim 3, Nishimura teaches the limitations of claim 1 above and wherein the fuel flow groove has an outflow groove portion that is connected to the fuel outflow port (where 216 connects to 209, Fig. 2) and to which an end portion on a side opposite to the return groove portion of one group among the plurality of groups in the plurality of flow groove portions is connected (FG group 3 connected to region 216 in downward flow direction from 219, opposite from RG at 215; see Fig. 2 annotation above in claim 1 rejection), the one group of the plurality of flow groove portions being configured such that the fuel lastly flows therein (FG group 3 is the last flow groove group, in order of 1-2-3 in serpentine flow path, as shown by the Fig. 2 annotation above in claim 1 rejection), wherein the outflow groove portion has a third inner wall surface portion facing the end portion of the flow groove portions in the outflow groove portion (lowermost inner wall of 219 within region of 216 abutting 209 at bottom of Fig. 2), but fails to teach: wherein the third inner wall surface portion has a curved surface shape in which a distance facing with each other from the third inner wall surface portion to the end portion of the flow groove portions, gradually decreases toward an inflow side end portion of the third inner wall surface portion in a direction orthogonal to an extending direction of the flow groove portions. Wariishi is analogous in the art of fuel cells and teaches fuel cell stack 80 with fuel cell units 12, having a discharge passage 36b which discharges fuel from the flow passage grooves 44 (Fig. 8). Wariishi teaches an outflow portion (between 44 to 36b, from fuel gas flow passage 42 towards left in Fig. 8, near location of 48b) having curved sidewall surfaces 82a and 82b (Figs. 8-9), such that a distance facing with each other from the third inner wall surface portion (i.e., of 82a/82b) to the end portion of the flow groove portions (left ends of 44a-d), gradually decreases toward an inflow side end portion of the second inner wall surface portion (from 82b downward toward 82a) in a direction orthogonal to an extending direction of the flow groove portions (vertical orthogonal to horizontal; Fig. 8). Wariishi teaches that beneficially: the curved surfaces 82a, 82b are provided corresponding to the portions of introduction from the fuel gas flow passage 42 into the fuel gas discharge passage 36b so that it is possible to effectively reduce the collection pressure loss generated when the fuel gas is merged from the fuel gas flow passage 42 to the fuel gas discharge passage 36b, and the change of the pressure loss of the fuel cell stack 80 is greatly reduced as compared with the conventional technique (Wariishi C7L47-61 and Fig. 10). It would have been obvious, at the time of filing, for a person having ordinary skill in the art to modify the inner wall of the inflow groove portion of Nishimura with the curved shape with reducing distance as taught by Wariishi with the motivation of effectively reducing the collection pressure loss of the fuel at the discharge side of modified Nishimura. Thus, the instant claim 3 is rendered obvious. Relevant Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Shibuya (US 20140295322 A1, cited in the 04/12/2022 IDS and above within the 35 USC 102 section) Shibuya teaches a fuel cell being a direct liquid fuel cell (a direct methanol fuel cell, [0021]; DMFC, [0107]) in which a liquid containing a formic acid (formic acid is a by-product produced when hydrogen ions are produced from methanol on an anode catalyst, [0007]) or an alcohol is used as a fuel (methanol, [0021, 0077]), the fuel cell comprising: a fuel electrode (anode per [0120]; anode electrode 40, [0080]) that includes … a fuel electrode diffusion layer (anode side gas diffusion layer 90A, [0080]), and a fuel electrode current collector (“fuel cell separator” herein refers to a fuel cell separator which has electrical conductivity… collects energy (electricity) produced on each single cell… The separator is also referred to as … a current collector; [0036] – current collector plate 140A, [0078]); an air electrode (cathode per [0120]; cathode electrode 60, [0080]) that includes … an air electrode diffusion layer (a cathode side gas diffusion layer 90B, [0080]), and an air electrode current collector (“fuel cell separator” herein refers to a fuel cell separator which has electrical conductivity… collects energy (electricity) produced on each single cell… The separator is also referred to as … a current collector; [0036] – current collector plate 140B, [0078]); and an electrolyte membrane (a polymer electrolyte membrane 20, [0080]) that is disposed between the fuel electrode catalyst layer and the air electrode catalyst layer (the laminate of the polymer electrolyte membrane 20, the anode electrode 40 and the cathode electrode 60 may be referred to as the MEA (Membrane Electrode Assembly) 80; [0080]), wherein the fuel electrode current collector (10, [0079]) has: a fuel inflow port to which the fuel is supplied (fuel gas inlet hole 10x, [0086] and Figs. 4-5); a fuel outflow port from which the fuel is discharged (fuel gas outlet hole 10y, [0086] and Figs. 4-5); and a fuel flow groove that is formed on a fuel flow surface (10 has channels as flow paths for flowing a fuel gas, [0079]) on a side abutting the fuel electrode diffusion layer (against gas diffusion layer 90A and surrounded by gasket 12, [0081] and Fig. 3) and guides the fuel from the fuel inflow port to the fuel outflow port (arrows from 10x to 10y, Fig. 5 and [0103] in view of Fig. 4), wherein the fuel flow groove has: a plurality of flow groove portions (channels 10L formed between collector 10 and gasket 12, Figs. 3-5) that extend from one side edge portion of the fuel flow surface to the other side edge portion opposite to the one side edge portion and that are disposed in parallel at predetermined intervals (a plurality of straight flow path channels 10L are press-formed to extend parallel in a direction from the upper side to the lower side of the separator 10, such that straight flow path channels 10L produce parallel gas flows from a top to a bottom direction; [0087, 0103] and Figs. 4-5); and a plurality of return groove portions that, in a manner of containing a plurality of groups adjacent to each other with directions of the fuel flowing in the plurality of flow groove portions being opposite (the gas flow turns around and changes the direction by 180-degree near the dividing member 12e and flows upward along the straight flow path channels 10L, [0097-0098, 0102-0103]), connect an end portion of the one side edge portion or an end portion of the other side edge portion of two adjacent groups among the plurality of groups in the plurality of flow groove portions (connection at upper and lower ends 10L1 and 10L2 by serpentine flow paths between straight flow paths 10L, [0102] and Fig. 5), wherein each of the plurality of return groove portions has a first inner wall surface portion (between dividing members 12e, [0103] and Fig. 5; see inner edges 12c and 12d, [0097-0098] and Fig. 5) facing the end portion of the flow groove portions in the plurality of return groove portions (serpentine paths at 10L1 and 10L2 shown by arrows connecting/facing the straight channels 10L, Fig. 5 in view of Fig. 4). Wilkinson et al. (US 20040023091 A1) Wilkinson is analogous in the art of direct methanol fuel cells ([0009-0012, 0055-0056]) and teaches a membrane electrode assembly 12 therein including an ion-exchange membrane 14 interposed between an anode 16 and a cathode 17 ([0053] and Fig. 1A). Wilkinson further teaches that each substrate has a thin layer – 20 and 21, respectively – of electrocatalyst disposed on one of the major surfaces at the interface with the membrane 14 ([0053] and Fig. 1A). Wilkinson teaches that, beneficially, in an electrochemical fuel cell, a sufficient quantity of catalyst, effective for promoting the reaction of reactant supplied to an electrode, is disposed within the volume of the electrode so that a reactant introduced at a first major surface of the electrode is substantially completely reacted upon contacting the second major surface, so that crossover of reactant from one electrode to the other electrode through the electrolyte in an electrochemical fuel cell is thereby reduced (Abstract). Wilkinson [0033, 0064] discussed the application of catalysts within the direct methanol fuel cell. Conclusion 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. 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, Matthew Martin can be reached at (571) 270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JESSIE WALLS-MURRAY/Primary Examiner, Art Unit 1728
Read full office action

Prosecution Timeline

Jun 30, 2023
Application Filed
Feb 03, 2026
Examiner Interview (Telephonic)
Feb 05, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Expected OA Rounds
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Grant Probability
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3y 4m
Median Time to Grant
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