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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/24/2026 has been entered.
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.
Claim 1-17 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 1 recites ”the internal surface having a groove formed therein to be concavely depressed.” The recitation of “formed therein to be concavely depressed” could be interpreted to mean either the groove is configured to be actively depressed in concave manner or the groove has a concavely depressed shape.
For the purpose of examination, it is assumed the grove is concavely shaped based on the instant specification which states in paragraph 122, “the first internal surface ISA may have a first groove H1 formed therein to have a concavely depressed cross-sectional shape.”
Claims 2-17 are rejected due to their dependence on Claim 1.
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.
Claim(s) 1-13, 15, and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (KR-20180008013-A with citations from the provided translation) and Jang et al (KR-20170037009-A with citations from the provided translation and referred to as Jang-2).
Regarding Claim 1, Jang with the following modification from Jang-2 teaches the following:
A fuel cell, comprising (a fuel cell, see [0007]):
a cell stack including a plurality of unit cells stacked in a predetermined direction (see fuel cell stack 1100 in Fig. 12).
end plates respectively disposed at first and second end portions of the cell stack (end plates 100 are shown to be disposed on both sides of the fuel cell stack 1100, see Figs. 11-12),
wherein each of the end plates includes a core and a clad covering the core (all embodiments include an injection member 150 made of resin (see Figs. 2-3 and 5-7; see also [0056]) which surrounds upper plate 120, base plate 110, and lower plate 130 all of which can suitably be made of metal, see Figs. 2-3 and 5-7; see also [0052]);
a heater plate provided with a heating element configured to generate heat in response to a driving power supply (heating element 200),
the heater plate being disposed at least one of positions between the end plates and the first and second end portions of the cell stack (heating elements 200 are shown to be in the claim position in Fig. 11);
Although Jang appears to have a connector shown in at least Fig. 9, the description is silent toward the structure of the connector. Therefore, Jang is silent toward:
and a connector the connector interconnecting the driving power supply and the heating element,
To solve the same problem of designing a heater for a fuel cell (see Title), Jang-2 teaches in Fig. 6 that a terminal portion 510 of the power supply unit 500 connects to the heating element 200 in the core portion of the end plate 100, see also [0013]. Jang-2 further teaches the power supply unit 500 is coupled to the end cell 100 to supply electricity by a power supply to the heating element 200, see [0040]-[0041].
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have provided the power supply unit and associated structures of Jang-2 into Jang in order to supply electricity to the heating element.
wherein the core comprises an internal surface facing the cell stack in the predetermined direction (The outflow hole 150 and the concave groove 140 of the body 100b (i.e., core), see Jang-2: [0010], [0013] and Figs. 6-8. Additionally, Jang has an orbit groove 153 which is described as concave (see [0029]) and is analogous to the structure to the concave grove 140 of Jang-2, see Jang, Fig. 2. The outflow hole 150 of Jang-2 is shown to the be in formed at least partially in in the body 100b (i.e., core) and partially in the second cover 100c and not in the heat element 200, see Jang-2, Fig. 6.),
the internal surface having a groove formed therein to be concavely depressed wherein the connector is disposed to be received in the groove of the internal surface of the core (The wire 520 and terminal 510 of Jang-2 are interpreted to be part of the connector. The wire 520 and terminal 510 are shown to be disposed inside the outflow hole 150 and to traverse the concave groove 140 of the body 100b (i.e., core), see Jang-2: [0010], [0013] and Figs. 6-8. Additionally, Jang has an orbit groove 153 which is described as concave (see [0029]) and is analogous to the structure to the concave grove 140 of Jang-2, see Jang, Fig. 2.),
and wherein the clad covers the connector received in the groove of the internal surface (Based on the Fig. 9 of Jang and Fig. 6-8 of Jang-2, it is the Examiner’s position that one of ordinary skill in the art can readily envision that the injection member 150 of modified Jang at least covers some portion of the wire 520 and/or terminal 510 of the connector taught by Jang-2. Note, the recitation of “covers” under broadest reasonable interpretation does not require direct physical contact or that the covering to completely surrounds the connector).
Regarding Claim 2,Jang Figs. 9-12 show end plates 100 and heating elements 200 symmetrically mirror and disposed at each end of the fuel cell stack 1100 and teach the limitations:
wherein the end plates include at least one of: a first end plate disposed at one of the first and second end portions of the cell stack; or a second end plate disposed at a remaining one of the first and second end portions of the cell stack,
wherein the core includes at least one of: a first core of the first end plate; or a second core of the second end plate,
wherein the clad includes at least one of: a first clad of the first end plate; or a second clad of the second end plate,
wherein the heater plate includes at least one of: a first heater plate disposed between the one of the first and second end portions of the cell stack and the first end plate;
or a second heater plate disposed between the remaining one of the first and second end portions of the cell stack and the second end plate,
wherein the heating element includes at least one of: a first heating element mounted to the first heater plate; or a second heating element mounted to the second heater plate (the heat element 200 is mounted to the insulating sheet 400, see [0061]),
and wherein the connector includes at least one of a first connector accommodated in the first end plate to interconnect the first heating element and the driving power source; or a second connector accommodated in the second end plate to interconnect the second heating element and the driving power supply (see Jang-2 Fig. 6).
Regarding Claim 3, all embodiments of Jang show the end plate 100 and heat plate 200 as modularized (i.e., non-integrated sections nested together), see Fig 9 and 11.
Regarding Claim 4, as shown in Jang Fig. 9, the heating element 200 is nested in to the end plate 100 with the indicated bypass section shown in annotated Fig. 9 below. The cross section that encompasses the heating element 200 when nested into the end plate 100 and a slice of the indicated bypass section is interpreted to be the “heater plate is composed of one bypass plate”. Additionally, as discussed in the reject of Claim 2 above, this structure is disposed on both sides of the fuel cell stack 1100, see Fig. 11. Therefore, the claim limitations below are met:
wherein each of the first heater plate and the second heater plate is composed of one bypass plate.
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Regarding Claim 5, Jang-2, Fig. 6 reproduced below shows:
wherein each of the first connector and the second connector includes: a power connection portion having a positive terminal and a negative terminal connected to the driving power supply;
a first internal wire having one end portion connected to the positive terminal of the power connection portion;
a second internal wire having one end portion connected to the negative terminal of the power connection portion;
a first terminal portion connected to an opposite end portion of the first internal wire;
and a second terminal portion connected to an opposite end portion of the second internal wire.
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Regarding Claim 6, Jang-2, Fig. 6 above shows at least a section of the wiring 520 is laid flat, thereby, teaching:
wherein at least one of the first internal wire or the second internal wire is flat without a stepped portion.
Regarding Claim 7, it is the Examiner’s position that the skilled artisan would readily envision the modification of Jang in view of Jang-2 teaches that a least a portion of the power supply units 500 disposed on either side of the fuel cell stack 1100 are accommodated in the first core and are covered by the first clad (see Jang Figs. 2-3 and Jang-2 Figs. 5-6), thereby, teaching:
wherein the first internal wire and the second internal wire of the first connector are accommodated in the first core and are covered by the first clad,
and wherein the first internal wire and the second internal wire of the second connector are accommodated in the second core and are covered by the second clad.
Regarding Claim 8, Jang in view of Jang-2 teach:
wherein the groove includes first and second grooves, wherein the internal surface includes first and second internal surfaces (The structure of the endplate/heating element are symmetrical and mirrored, see Jang, Fig. 11. The first and second groove/internal surface are interpreted to the be the outflow hole 150 and the concave groove 140 of the body 100b (i.e., core), see Jang-2: [0010], [0013] and Figs. 6-8. Additionally, Jang has an orbit groove 153 which is described as concave (see [0029]) and is analogous to the structure to the concave grove 140 of Jang-2, see Jang, Fig. 2. The outflow hole 150 of Jang-2 is shown to the be in formed at least partially in in the body 100b (i.e., core) and partially in the second cover 100c and not in the heat element 200, see Jang-2, Fig. 6.),)
wherein the first core includes: the first internal surface (see Jang Figs. 2-3 and 9 and Jang-2 Fig. 6),
the first internal surface having a first groove to allow the first internal wire and the second internal wire to be received therein (lead-out hole 150 disposed in one of the three end plates, see Jang-2 [0042] and Jang-2 Fig. 6);
and a first external surface formed opposite to the first internal surface (see Jang Figs. 2-3 and 9 and Jang-2 Fig. 6),
and wherein the second core includes: a second internal surface facing the remaining one of the first and second end portions of the cell stack in the predetermined direction, the second internal surface having a second groove formed therein to be concavely depressed to allow the first internal wire and the second internal wire to be received therein; and a second external surface formed opposite to the second internal surface (the structure of the endplate/heating element are symmetrical and mirrored, see Jang, Fig. 11).
Regarding Claim 9, Jang in view of Jang-2 teach:
wherein the first internal wire and the second internal wire of the first connector are enveloped by a third clad, wherein the first internal wire and the second internal wire of the first connector and the third clad are received in the first groove (see sealing member 151 and the wires show in Jang-2 Fig. 8),
and wherein the first internal wire and the second internal wire of the second connector are enveloped by a fourth clad and wherein the first internal wire and the second internal wire of the second connector and the fourth clad are received in the second groove (the structure of the endplate/heating element are symmetrical and mirrored, see Jang, Fig. 11).
Regarding Claim 10, Jang in view of Jang-2 teaches:
wherein the third clad includes: a first fixing portion protruding from a region between the power connection portion and the first terminal portion in a direction intersecting a direction in which the power connection portion and the first terminal portion face each other to fix the first connector to the first core (see sealing member 151, Jang-2 Fig. 8);
and a second fixing portion protruding from a region between the power connection portion and the second terminal portion in a direction intersecting a direction in which the power connection portion and the second terminal portion face each other to fix the first connector to the first core (the structure of the endplate/heating element are symmetrical and mirrored, see Jang, Fig. 11).
Regarding Claim 11, Jang in view of Jang-2 teaches:
wherein the first core includes: a first concave portion receiving the first fixing portion therein (see sealing member 151, Jang-2 Fig. 8);
and a second concave portion receiving the second fixing portion therein (the structure of the endplate/heating element are symmetrical and mirrored, see Jang, Fig. 11).
Regarding Claim 12, the air flow path 151 and the fuel flow path 152 shown in Fig. 11 and described in paragraph 9 meet the positively claimed structures of:
wherein at least one of the first end plate or the second end plate includes: a hydrogen inlet introducing hydrogen as a reactant gas from an outside into the cell stack;
an oxygen inlet introducing oxygen as a reactant gas from the outside thereof into the cell stack;
a hydrogen outlet discharging hydrogen as a reactant gas and condensate water from the cell stack to the outside;
an oxygen outlet discharging oxygen as a reactant gas and condensate water from the cell stack to the outside;
While, Jang teaches, however, this structure is not explicitly taught to be on the disclosure is silent toward:
a coolant inlet introducing a cooling medium from the outside thereof into the cell stack; and a coolant outlet discharging a cooling medium to the outside (“a cooling flow path is formed between the air flow path 1110 and the fuel flow path 1120 in the fuel cell stack 1100” (see Jang-[0066]).
The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 152 USPQ 235 (CCPA 1967); and In re Otto, 136 USPQ 458, 459 (CCPA 1963). The Courts have held that it is well settled that the recitation of a new intended use, for an old product, does not make a claim to that old product patentable. See In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) (see MPEP § 2114).
In the claim limitations above, the following is interpreted to be intended use:
introducing hydrogen as a reactant gas from an outside into the cell stack;
introducing oxygen as a reactant gas from the outside thereof into the cell stack;
discharging hydrogen as a reactant gas and condensate water from the cell stack to the outside;
discharging oxygen as a reactant gas and condensate water from the cell stack to the outside;
introducing a cooling medium from the outside thereof into the cell stack;
discharging a cooling medium to the outside
Additionally, the flow paths taught by Jang are structurally capable of being and inlet or outlet. It is the examiner’s position that all of the positively recited structure of the claim is taught, thereby, meeting the limitations.
Regarding Claim 13, Jang Fig. 9 and Jang-2 Fig. 6 teaches:
wherein each of the first concave portion, the second concave portion, the first groove, and the second groove is formed in a region other than regions in which the hydrogen inlet, the oxygen inlet, the hydrogen outlet, the oxygen outlet, the coolant inlet, and the coolant outlet are disposed.
Regarding Claim 15, Jang in view Jang-2 teaches:
wherein the first and second concave portions and the first groove are disposed between the oxygen inlet and the hydrogen outlet (the flow paths 151 and 152 which are disposed on either side of the lead-out hole 150 (see Jang-2 Fig. 6) are structurally capable to function as the oxygen inlet and the hydrogen outlet).
Regarding Claim 17, all embodiments of Jang include an injection member 150 (i.e., clad) made of resin (see Figs. 2-3 and 5-7; see also [0056]) which surrounds upper plate 120, base plate 110, and lower plate 130 (i.e., core) all of which can suitably be made of metal, see Figs. 2-3 and 5-7; see also [0052].
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (KR-20180008013-A with citations from the provided translation) and Jang et al (KR-20170037009-A with citations from the provided translation and referred to as Jang-2) as applied to Claims 1-13 and in further view of Gu et al. (US-20170331126-A1).
Regarding Claim 14, Jang in view of Jang-2 in further modification of Gu teaches:
wherein the first end plate includes the hydrogen inlet, the oxygen inlet, the hydrogen outlet, and the oxygen outlet (the air flow path 151 and the fuel flow path 152 shown in Fig. 11 and described in paragraph 9 meet the positively claimed structures),
wherein the first concave portion, the second concave portion, and the first groove are spaced from the hydrogen inlet, the oxygen inlet, the hydrogen outlet, and the oxygen outlet, and wherein the second groove is spaced from the coolant inlet and the coolant outlet (see Jang Fig. 9 and Jang-2 Fig. 6 teaches).
While Jang teaches “a cooling flow path is formed between the air flow path 1110 and the fuel flow path 1120 in the fuel cell stack 1100,” see Jang-[0066]. Jang does not teach the following structure:
wherein the second end plate includes the coolant inlet and the coolant outlet,
To solve the same problem of designing an end cell heater for fuel cell (see Title), Gu teaches disposing a coolant channels 160 between the air and fuel channels 140/150 “so that a heat exchange medium for cooling the fuel cell stack may flow,” see [0029] and Gu-Fig. 3.
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have included coolant channel in the end plates of Jang in order to allow flow of a heat exchange medium for cooling the fuel cell stack.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (KR-20180008013-A with citations from the provided translation) and Jang et al (KR-20170037009-A with citations from the provided translation and referred to as Jang-2) as applied to Claims 1-2 and in further view of Oh et al. (KR-20170079029-A with citations from provided translation).
Regarding Claim 16, Jang is silent toward:
wherein the first heater plate includes: a first central area in which the first heating element is disposed; and a first peripheral area formed adjacent to the first central area, wherein the second heater plate includes: a second central area in which the second heating element is disposed; and a second peripheral area formed adjacent to the second central area, and wherein at least one of the first peripheral area or the second peripheral area is flat (the structure of the endplate/heating element are symmetrical and mirrored, see Jang, Fig. 11).
To solve the same problem of designing an end cell heater for fuel cell (see Title), Oh teaches “the heating element 200 includes a fixing plate 200a and an induction coil 200b attached to the fixing plate 200a,” see [0016] and Fig. 8. The induction coil 200b is shown to be in a central portion of the fixing plate 200a, see Fig. 8. The fixing plate 200a of Oh shows peripheral area around the induction coil 200b which is flat, see Fig. 8.
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have the heating element of Jang have the structure of the heating element of Oh in order to provide induction heating.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. (US-20170352900-A1)
Response to Arguments
Applicant's arguments filed 12/11/2025 have been fully considered and are addressed below.
Claim Rejections under 35 USC § 103
In response to applicant's argument on pages 8-11 that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., Jang-2 teaches “mechanical assembly where a terminal is inserted into a pre-existing hole of a finished plate,” which the Applicant argues is not the true of the instant specification, see pg. 9 of the response) are not recited in the rejected Claim 1. 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). Note, see the 112b rejection above regarding the recitation of “” in Claim 1.
Applicant further argues on page 9 that “the terminal 510 of Jang 2 is not disposed to be received in the groove of the internal surface of the core, and covered by the clad, as is presently claimed.” This is found unpersuasive because of the following:
wherein the core comprises an internal surface facing the cell stack in the predetermined direction (The outflow hole 150 and the concave groove 140 of the body 100b (i.e., core), see Jang-2: [0010], [0013] and Figs. 6-8. Additionally, Jang has an orbit groove 153 which is described as concave (see [0029]) and is analogous to the structure to the concave grove 140 of Jang-2, see Jang, Fig. 2. The outflow hole 150 of Jang-2 is shown to the be in formed at least partially in in the body 100b (i.e., core) and partially in the second cover 100c and not in the heat element 200, see Jang-2, Fig. 6.),
the internal surface having a groove formed therein to be concavely depressed wherein the connector is disposed to be received in the groove of the internal surface of the core (The wire 520 and terminal 510 of Jang-2 are interpreted to be part of the connector. The wire 520 and terminal 510 are shown to be disposed inside the outflow hole 150 and to traverse the concave groove 140 of the body 100b (i.e., core), see Jang-2: [0010], [0013] and Figs. 6-8. Additionally, Jang has an orbit groove 153 which is described as concave (see [0029]) and is analogous to the structure to the concave grove 140 of Jang-2, see Jang, Fig. 2.),
and wherein the clad covers the connector received in the groove of the internal surface (Based on the Fig. 9 of Jang and Fig. 6-8 of Jang-2, it is the Examiner’s position that one of ordinary skill in the art can readily envision that the injection member 150 of modified Jang at least covers some portion of the wire 520 and/or terminal 510 of the connector taught by Jang-2. Note, the recitation of “covers” under broadest reasonable interpretation does not require direct physical contact or that the covering to completely surrounds the connector).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kayla E Clary whose telephone number is (571)272-2854. The examiner can normally be reached Monday - Friday 8:00-5:00 (PT).
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, Allison Bourke can be reached at 303-297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.E.C./
Kayla E. ClaryExaminer, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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