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) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paolazzi (US 2011/0236740) in view of Nielson (US 2014/0120413).
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).
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.
Nielson also discloses an apparatus for enclosing an electrochemical device (see abstract).
Nielson, like Paolazzi, teaches an upper cover and lower cover along with first and second horizontal faces extending outwardly (see annotated Fig. 2 below which illustrates these features and see paragraph 38 which names these portions as “rims”). Nielson goes on to teach a seal (grommet 22, see annotated Fig. 2 below) that is positioned between the first and second horizontal faces extended outwardly in order to seal the inner volume of the case (paragraph 38).
As such, utilizing the grommet seal of Nielson in the structure of Paolazzi would have been an obvious modification to one of ordinary skill in the art at the time of the invention. Such a modification would allow for a sealed enclosure in Paolazzi, similar to that of Nielson.
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Annotated Fig. 5 of Paolazzi
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Annotated Fig. 2 of Nielson
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).
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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
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 MATTHEW J MERKLING whose telephone number is (571)272-9813. The examiner can normally be reached Monday - Thursday 8am-6pm.
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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.
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/MATTHEW J MERKLING/Primary Examiner, Art Unit 1725