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 .
Claim Rejections - 35 USC § 103
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 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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Horlock et al. (US 20150333356 A1, published 19 Nov 2015) in view of Uchiyama (US 20210226244 A1, published 22 Jul 2021) and Cao et al. (US 20190207195 A1, published 4 Jul 2019).
Regarding claim 1, Horlock et al. discloses a fastening jig (encapsulation members 602, 604) for fastening a pair of end plates (605, 606) provided on opposite sides of a cell stack body (fuel cell stack assembly 600), in which a plurality of unit cells (one or more fuel cells, [0122]) are stacked along a stacking direction (parallel to side walls 608, 609, [0122-0123]; Figs. 6a-6b), the fastening jig (602, 604) comprising: a first insertion part (top portion of locking member 610 which engages in a direction orthogonal to side walls 608, 609) inserted into a first insertion recess (opening 620) formed in a first end plate of the pair of end plates (side wall 609 of end plate 605/encapsulation member 604, [0124-0125]; Figs. 6a-6b), such that movement of the first insertion part in the stacking direction and a direction opposite to the stacking direction is restricted (the mutual force of the fuel cells within the assembly on the encapsulation members 602, 604 maintains the locking member 610 in position, [0126]; Fig. 6b); an extension part extending from the first insertion part along the stacking direction (portion of locking member 610 which extends in a direction parallel to side walls 608, 609, [0124-0126]; as seen in Figs. 6a-6b); a second insertion part (bottom portion of locking member 610 which engages in a direction orthogonal to side walls 608, 609) extending from a distal end of the extension part (portion of locking member 610 which extends in a direction parallel to side walls 608, 609, [0124-0126]; as seen in Figs. 6a-6b) in the stacking direction, the second insertion part configured to be inserted into a second insertion recess (opening 621) formed in a second end plate of the pair of end plates (side wall 608 of end plate 606/encapsulation member 602, [0124-0125]; Figs. 6a-6b), and the second insertion part (bottom portion of locking member 610) is configured to press the second end plate (606) of the pair of end plates (the end plates are configured to engage with each other in order to apply a compression force to one or more fuel cells, [0122]).
Horlock further discloses that the first insertion part (top portion of locking member 610 which engages in a direction orthogonal to side walls 608, 609) includes: a first insertion area (top portion of locking member 610) extending from a distal end of the extension part (portion of locking member 610 which extends in a direction parallel to side walls 608, 609, [0124-0126]; as seen in Figs. 6a-6b) in the opposite direction to the stacking direction, in a direction crossing the stacking direction (engages in a direction orthogonal to the stacking direction). Horlock does not clearly disclose a second insertion area extending from a distal end of the first insertion area, in the stacking direction, and inserted into the first part of the first insertion recess.
Uchiyama discloses a similar fastening jig (fastening member 13), engaging with end plates (12). Uchiyama teaches that the fastening jig (13) comprises a first insertion part (13b, 13c) which includes: a first insertion area (13b) extending from a distal end of an extension part (13a) in the opposite direction to the stacking direction (Fig. 1 shows the stacking direction of fuel cells 11, [0043]), in a direction crossing the stacking direction; and a second insertion area (13c) extending from a distal end of the first insertion area (13b), in the stacking direction, and inserted into a first insertion recess (groove 12a, [0045-0046]; Figs. 3-4). Uchiyama further teaches that the second insertion area (13c) is fitted into the insertion recess (12a) so that the fastening member does not move in at least one direction within the plane of the end plate (12, [0046]).
It would have been obvious to one of ordinary skill in the art to add a second insertion area to the distal end of the first insertion area of Horlock, in the stacking direction, and inserted into the first part of the first insertion recess of Horlock, to prevent the locking member of Horlock from moving in a direction within the plane of the end plate (orthogonal to the stacking direction). The combination of familiar elements is likely to be obvious when it does no more than yield predictable results (see MPEP § 2143, A.).
Modified Horlock still does not disclose a first insertion recess including: a first part recessed in the stacking direction in the first end plate of the pair of end plates; and a second part recessed to cross the first part from the distal end of the first part in the stacking direction, or that the first insertion part further includes a third insertion area extending from a distal end of the second insertion area, in the direction crossing the stacking direction, and inserted into the second part of the first insertion recess.
Cao et al. discloses an end plate (1, [0027]; Fig. 1) comprises a first insertion recess (positioning groove 32; Fig. 3) including: a first part recessed in the stacking direction (first groove body extending in the x-direction, [0046]) in the first end plate of the pair of end plates; and a second part (second groove body extending in the y-direction, [0046]) recessed to cross the first part from the distal end of the first part in the stacking direction (see Fig. 3). Cao further discloses a first insertion part (connecting portion 41 and hook portion 42 of connecting plate 4, [0032]; Fig. 5) including: a first insertion area (portion 41, [0041]) extending in the direction opposite the stacking direction, in a direction crossing the stacking direction (orthogonal to the x-direction); a second insertion area (first extending segment 421; Fig. 6) extending from a distal end of the first insertion area (41), in the stacking direction (x-direction), and inserted into the first part of the first insertion recess (first groove body as outlined above); and a third insertion area (second extending segment 422; Fig. 6) extending from a distal end of the second insertion area (421), in the direction crossing the stacking direction (y-direction), and inserted into the second part of the first insertion recess (second groove body as outlined above, [0046]; Figs. 3, 5). Cao further discloses that by including both the second insertion area (421) and the third insertion area (422) in their respective insertion recesses, connecting plate (4) can simultaneously withstand the urging forces in the length direction Y and the thickness direction X of the end plate. Therefore, the connecting plate (4) has stronger load capacity and good positional stability ([0045]).
It would have been obvious to one of ordinary skill in the art for the first insertion recess of modified Horlock to include: a first part recessed in the stacking direction in the first end plate of the pair of end plates; and a second part recessed to cross the first part from the distal end of the first part in the stacking direction, to accommodate the second insertion area of modified Horlock and a third insertion area extending from a distal end of the second insertion area, in the direction crossing the stacking direction, as disclosed by Cao, to simultaneously withstand forces in both a length direction and a thickness direction of the end plate, thus increasing load capacity and supporting positional stability as taught by Cao. The combination of familiar elements is likely to be obvious when it does no more than yield predictable results (see MPEP § 2143, A.). Furthermore, the inclusion of a third insertion area extending from an end of the second insertion area would constitute a change in shape of the first insertion part of modified Horlock. The change in form or shape, without any new or unexpected results, is an obvious engineering design (see MPEP § 2144.04). Therefore, modified Horlock et al. meets the limitations of claim 1.
Regarding claim 5, modified Horlock et al. meets the limitations of claim 1 as discussed above. Horlock does not clearly disclose that the extension part is configured to be elastically deformed. However, Horlock discloses that the end plates (such as 605, 606; Figs. 6a-6b) are made of an elastic material, and further teaches that the stiffness and elastic deformability out-of-plane for each of the preformed end plates is chosen to ensure that planar and uniform pressure is imparted to the fuel cells ([0087]).
It would have been obvious to one of ordinary skill in the art for the extension part of the locking member disclosed by Horlock to be configured to be elastically deformed, to ensure that uniform pressure is imparted to the fuel cells. Furthermore, the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art (see MPEP § 2144.07). Therefore, modified Horlock et al. meets the limitations of claim 5.
Regarding claim 6, modified Horlock et al. meets the limitations of claim 1 as discussed above. Horlock further discloses that the second insertion part (bottom portion of locking member 610 which engages in a direction orthogonal to side walls 608, 609) includes: a first insertion area (top portion of locking member 610) extending from a distal end of the extension part (portion of locking member 610 which extends in a direction parallel to side walls 608, 609, [0124-0126]; as seen in Figs. 6a-6b) in the opposite direction to the stacking direction, in a direction crossing the stacking direction (engages in a direction orthogonal to the stacking direction). Horlock does not clearly disclose a second insertion area extending from a distal end of the first insertion area of the second insertion part, in the opposite direction to the stacking direction, and inserted into the second insertion recess.
Uchiyama discloses a similar fastening jig (fastening member 13), engaging with end plates (12). Uchiyama teaches that the fastening jig (13) comprises a second insertion part (13b, 13c, at the bottom of 13a, see Fig. 3) which includes: a first insertion area (13b) extending from a distal end of an extension part (13a) in the opposite direction to the stacking direction (Fig. 1 shows the stacking direction of fuel cells 11, [0043]), in a direction crossing the stacking direction; and a second insertion area (13c) extending from a distal end of the first insertion area (13b) of the second insertion part, in the opposite direction to the stacking direction, and inserted into a second insertion recess (groove 12a, at the bottom of extension 13a, [0045-0046]; Figs. 3-4). Uchiyama further teaches that the second insertion area (13c) is fitted into the insertion recess (12a) so that the fastening member does not move in at least one direction within the plane of the end plate (12, [0046]).
It would have been obvious to one of ordinary skill in the art to add a second insertion area to the distal end of the first insertion area of Horlock, in the stacking direction, and inserted into the second insertion recess of Horlock, to prevent the locking member of Horlock from moving in a direction within the plane of the end plate (orthogonal to the stacking direction). The combination of familiar elements is likely to be obvious when it does no more than yield predictable results (see MPEP § 2143, A.). Therefore, modified Horlock et al. meets the limitations of claim 6.
Regarding claim 7, modified Horlock et al. meets the limitations of claim 1 as discussed above. Horlock further discloses that the first insertion part, the extension part, and the second insertion part are integrally formed (as a C-clip, [0125]; Figs. 6a-6b). Therefore, modified Horlock et al. meets the limitations of claim 7.
Regarding claim 8, Horlock et al. discloses a fuel cell stack-fastening jig assembly (fuel cell stack assembly 600) comprising: a cell stack body including a plurality of cells (one or more fuel cells, [0122]) stacked along a stacking direction (parallel to side walls 608, 609, [0122-0123]; Figs. 6a-6b); a pair of end plates (605, 606), wherein a first end plate of the pair of end plates (605) is positioned in the stacking direction of the cell stack body, and a second end plate of the pair of end plates (606) is positioned in a direction opposite to the stacking direction (see Figs. 6a-6b); and a fastening jig (encapsulation members 602, 604) configured to restrict movement of the pair of end plates in the stacking direction and the opposite direction (locking members 610 are engaged with both the first and second encapsulation members [0126], and thus restrict movement of the end plates); a first insertion part (top portion of locking member 610) inserted into a first insertion recess (opening 620, [0124-0125]; Figs. 6a-6b) formed in the first end plate of the pair of end plates (side wall 609 of end plate 605/encapsulation member 604), such that movement of the first insertion part (top portion of 610) in the stacking direction and a direction opposite to the stacking direction is restricted (the mutual force of the fuel cells within the assembly on the encapsulation members 602, 604 maintains a locking member 610 in position, [0126]; Fig. 6b); an extension part extending from the first insertion part along the stacking direction (portion of locking member 610 which extends in a direction parallel to side walls 608, 609, [0124-0126]; as seen in Figs. 6a-6b); a second insertion part (bottom portion of locking member 610 which engages in a direction orthogonal to side walls 608, 609) extending from a distal end of the extension part (portion of locking member 610 which extends in a direction parallel to side walls 608, 609) in the stacking direction, the second insertion part configured to be inserted into a second insertion recess (opening 621) formed in the second end plate of the pair of end plates (side wall 608 of end plate 606/encapsulation member 602, [0124-0125]; Figs. 6a-6b), and configured to press the second end plate of the pair of end plates (the end plates are configured to engage with each other in order to apply a compression force to one or more fuel cells, [0122]).
Horlock further discloses that the first insertion part (top portion of locking member 610 which engages in a direction orthogonal to side walls 608, 609) includes: a first insertion area (top portion of locking member 610) extending from a distal end of the extension part (portion of locking member 610 which extends in a direction parallel to side walls 608, 609, [0124-0126]; as seen in Figs. 6a-6b) in a direction opposite to the stacking direction, in a direction crossing the stacking direction (engages in a direction orthogonal to the stacking direction). Horlock does not clearly disclose a second insertion area extending from a distal end of the first insertion area, in the stacking direction, and inserted into the first part of the first insertion recess.
Uchiyama discloses a similar fastening jig (fastening member 13), engaging with end plates (12). Uchiyama teaches that the fastening jig (13) comprises a first insertion part (13b, 13c) which includes: a first insertion area (13b) extending from a distal end of an extension part (13a) in the opposite direction to the stacking direction (Fig. 1 shows the stacking direction of fuel cells 11, [0043]), in a direction crossing the stacking direction; and a second insertion area (13c) extending from a distal end of the first insertion area (13b), in the stacking direction, and inserted into a first insertion recess (groove 12a, [0045-0046]; Figs. 3-4). Uchiyama further teaches that the second insertion area (13c) is fitted into the insertion recess (12a) so that the fastening member does not move in at least one direction within the plane of the end plate (12, [0046]).
It would have been obvious to one of ordinary skill in the art to add a second insertion area to the distal end of the first insertion area of Horlock, in the stacking direction, and inserted into the first insertion recess of Horlock, to prevent the locking member of Horlock from moving in a direction within the plane of the end plate (orthogonal to the stacking direction). The combination of familiar elements is likely to be obvious when it does no more than yield predictable results (see MPEP § 2143, A.).
Modified Horlock still does not disclose a first insertion recess including: a first part recessed in the stacking direction in the first end plate of the pair of end plates; and a second part recessed to cross the first part from the distal end of the first part in the stacking direction, or that the first insertion part further includes a third insertion area extending from a distal end of the second insertion area, in the direction crossing the stacking direction, and inserted into the second part of the first insertion recess.
Cao et al. discloses an end plate (1, [0027]; Fig. 1) comprises a first insertion recess (positioning groove 32; Fig. 3) including: a first part recessed in the stacking direction (first groove body extending in the x-direction, [0046]) in the first end plate of the pair of end plates; and a second part (second groove body extending in the y-direction, [0046]) recessed to cross the first part from the distal end of the first part in the stacking direction (see Fig. 3). Cao further discloses a first insertion part (connecting portion 41 and hook portion 42 of connecting plate 4, [0032]; Fig. 5) including: a first insertion area (portion 41, [0041]) extending in the direction opposite the stacking direction, in a direction crossing the stacking direction (orthogonal to the x-direction); a second insertion area (first extending segment 421; Fig. 6) extending from a distal end of the first insertion area (41), in the stacking direction (x-direction), and inserted into the first part of the first insertion recess (first groove body as outlined above); and a third insertion area (second extending segment 422; Fig. 6) extending from a distal end of the second insertion area (421), in the direction crossing the stacking direction (y-direction), and inserted into the second part of the first insertion recess (second groove body as outlined above, [0046]; Figs. 3, 5).
It would have been obvious to one of ordinary skill in the art for the first insertion recess of modified Horlock to include: a first part recessed in the stacking direction in the first end plate of the pair of end plates; and a second part recessed to cross the first part from the distal end of the first part in the stacking direction, to accommodate the second insertion area of modified Horlock and a third insertion area extending from a distal end of the second insertion area, in the direction crossing the stacking direction, as disclosed by Cao, to simultaneously withstand forces in both a length direction and a thickness direction of the end plate, thus increasing load capacity and supporting positional stability as taught by Cao. The combination of familiar elements is likely to be obvious when it does no more than yield predictable results (see MPEP § 2143, A.). Furthermore, the inclusion of a third insertion area extending from an end of the second insertion area would constitute a change in shape of the first insertion part of modified Horlock. The change in form or shape, without any new or unexpected results, is an obvious engineering design (see MPEP § 2144.04). Therefore, modified Horlock et al. meets the limitations of claim 8.
Response to Arguments
Applicant’s arguments filed 17 December 2025 with respect to claims 1 and 8 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. Cao et al. has been added to the rejections of claims 1 and 8 to address the amended limitations.
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.
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/A.J.S./Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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