Prosecution Insights
Last updated: October 25, 2026
Application No. 17/833,482

FASTENERLESS FUEL CELL STACK ENCLOSURE

Non-Final OA §103
Filed
Jun 06, 2022
Priority
Jun 15, 2021 — provisional 63/210,701
Examiner
MERKLING, MATTHEW J
Art Unit
1725
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Hydrogenics Corporation
OA Round
5 (Non-Final)
68%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
875 granted / 1283 resolved
+3.2% vs TC avg
Moderate +13% lift
Without
With
+13.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
41 currently pending
Career history
1348
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
50.7%
+10.7% vs TC avg
§102
24.5%
-15.5% vs TC avg
§112
18.9%
-21.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1283 resolved cases

Office Action

§103
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 . 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. Specification The specification and drawings have been reviewed and no clear informalities or objections have been noted. 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. Claim(s) 1 and 3-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paolazzi (US 2011/0236740) in view of Schroder (US 2019/0312245). Regarding claim 1, Paolazzi discloses a fuel cell stack enclosure adapted to enclose a fuel cell stack, the fuel cell stack enclosure comprising: an upper cover enclosing a first section of the fuel cell stack, the upper cover including an upper cover base and at least two upper faces extending downwardly away from the upper cover base (see annotated Fig. 5 below which illustrates these features), a lower cover enclosing a second section of the fuel cell stack, the lower cover including a lower cover base and at least two lower faces extending upwardly away from the lower cover base (see annotated Fig. 5 below which illustrates these features), a first flanged feature attached to an edge of a first upper face and extending along an entire length of the first upper face and a second flanged feature attached to an edge of a first lower face and extending along an entire length of the first lower face (see annotated Fig. 5 below which illustrates these features), a first seal positioned between a first horizontal face extending outwardly from the first flanged feature and a second horizontal face extending outwardly from the second flanged feature, and a first clamping bar (150, 156, 154, 152, etc.) configured to slide to couple the first upper face to a first lower face (face on bottom of clamp 150, as depicted in annotated Fig. 5 below) and a second clamping bar (second clamping bar 150, 156, 154, 152 positioned on opposite side of enclosure and pictured in Fig. 2) configured to slide to couple a second upper face to a second lower face (face on bottom of clamp 150, as depicted in annotated Fig. 5 below, but on the opposite side of the enclosure as the first lower face) by enclosing the first flanged feature and the second flanged feature (see paragraphs 27, 28 and 31 which disclose that the clamping bars/clips are slid into position to secure the half sections of the enclosure together), the first clamping bar and the second clamping bar configured to protect the fuel cell stack from contaminants outside the fuel cell stack enclosure (the clamps provide closure to the two halves which can contribute to preventing exposure to the inside of the shells), wherein the first flanged feature includes at least one vertical face extending upwardly away from the first horizontal face (as depicted in annotated Fig. 6 below), wherein the second flanged feature includes at least one vertical face extending downwardly away from the second horizontal face (as depicted in annotated Fig. 6 below), and wherein the first clamping bar includes an opening sized to receive the at least one vertical face of the first flanged feature and the at least one vertical face of the second flanged feature (see clamp bar 150 in Fig. 5 which slides over the flanges and includes a shape that accommodates the vertical faces), The italicized portions above are directed toward an intended use of the claimed enclosure and do not further define the structure of the claimed enclosure. See §2111.02. Paolazzi teaches enclosing the case (see paragraphs 27-28) but does not teach a first seal positioned between a first horizontal face extending outwardly from the first flanged feature and a second horizontal face extending outwardly from the second flanged feature. Schroder also discloses a battery/electrochemical cell housing (see abstract). Schroder, like Paolazzi, teaches a casing that comprises an upper and lower half (upper shell 6, lower shell 5), as well as outwardly extending flanges (outward extending flanges 8, 7) and a sliding bracket that captures both flanges (see paragraph 24 which describes rail element 11 sliding to contact flanges 7 and 8). Schroder goes on to teach that between surfaces of the flanges, a seal is placed (see paragraph 23 which states a ring seal is placed between the flange contact surfaces). Schroder teaches such a configuration in order to provide a seal and prevent external contaminants from entering the electrochemical device casing (see paragraphs 17 and 23-24 which disclose the simple design to seal and secure the casing). As such, it would have been obvious to one of ordinary skill in the art at the time of the invention to add the ring seal of Schroder in between the mating faces of the flanges of Paolazzi in order to provide a seal and prevent external contaminants from entering the electrochemical device casing. Such a modification would place the seal of Schroder in between the horizontal surfaces of the flanges of Paolazzi that extend horizontally outwardly, such as the first and second horizontal faces depicted in annotated Fig. 6 below). PNG media_image1.png 661 861 media_image1.png Greyscale Annotated Fig. 5 of Paolazzi PNG media_image2.png 390 533 media_image2.png Greyscale Annotated Fig. 6 of Paolazzi Regarding claims 3 and 9, Paolazzi further discloses the upper cover further includes a third flanged feature attached to an edge of the second upper face and extending along an entire length of the second upper face (see annotated Fig. 1 below which illustrates the third and fourth flanged feature), and wherein the lower cover further includes a fourth flanged feature attached to an edge of the second lower face and extending along an entire length of the second lower face (see annotated Fig. 1 below which illustrates the third and fourth flanged feature). PNG media_image3.png 418 169 media_image3.png Greyscale Annotated Fig. 1 of Paolazzi Regarding claim 4, Paolazzi further discloses the third and the fourth flanged feature are coupled together with the second clamping bar (as illustrated in annotated Fig. 1 above). Regarding claim 5, Paolazzi further discloses the fuel cell stack enclosure further comprises a second seal, and wherein the second seal is positioned between the third and the fourth flanged feature (as modified above, each side of the enclosure would include a seal (first seal on one side, second seal on the other side). Regarding claim 6, Paolazzi further discloses at least one cap is attached to an end of one of the first clamping bar and the second clamping bar (see paragraph 28 which discloses lid/cap is placed on the end of the clips to prevent sliding off the enclosure/housing). Regarding claim 7, Paolazzi further discloses the fuel cell stack includes at least one end plate (164) having an outer perimeter, and wherein the upper cover, the lower cover, and one or more clamping means of the fuel cell stack enclosure cooperate to enclose the outer perimeter of the at least one end plate (see Fig. 2 which illustrates end plate 164 cooperating with the enclosure to enclose the outer perimeter of the end plate). Regarding claim 8, Paolazzi further discloses the fuel cell stack includes at least one end plate (164) which forms a seal around the perimeter (as described in paragraph 28) due to having an outer perimeter, and wherein the upper cover, the lower cover, and the one or more clamping means of the fuel cell stack enclosure cooperate to enclose the outer perimeter of the at least one end plate (see Fig. 2 where end plate 164 is enclosed by the upper and lower covers and sealed by the clamping means). Response to Arguments Applicant’s arguments with respect to claim(s) 1 and 3-9 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J MERKLING whose telephone number is (571)272-9813. The examiner can normally be reached Monday - Thursday 8am-6pm. 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, Basia Ridley can be reached at 571-272-1453. 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. /MATTHEW J MERKLING/Primary Examiner, Art Unit 1725
Read full office action

Prosecution Timeline

Show 10 earlier events
Feb 26, 2026
Examiner Interview Summary
Mar 03, 2026
Response Filed
Apr 01, 2026
Final Rejection mailed — §103
Aug 31, 2026
Applicant Interview (Telephonic)
Aug 31, 2026
Examiner Interview Summary
Sep 01, 2026
Request for Continued Examination
Sep 02, 2026
Response after Non-Final Action
Oct 16, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
68%
Grant Probability
81%
With Interview (+13.2%)
3y 1m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1283 resolved cases by this examiner. Grant probability derived from career allowance rate.

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