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 .
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.
Claims 1-4 and 6-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kususe (JPH03110761 as cited within IDS 1/8/2024).
As to claim 1, Kususe discloses a cell (figures 1 and 2, fuel cell, pages 2-3) comprising: an element portion (figures 1 and 2 #1-3, pages 2-3); and a metal member comprising a first gas-flow passage through which first gas flows (figures 1-2 #6, reinforcing plate, pages 2-3, the flow is for either the anode #2 or cathode #3), and a second gas-flow passage through which second gas flows (figures 1-2 #6, reinforcing plate, pages 2-3, the flow of the other either #2 anode or #3 cathode), the second gas-flow passage supporting the element portion (figures 1 and 2).
As to claim 2, Kususe discloses wherein the metal member comprises: a first metal portion located between the first gas-flow passage and the element portion (figures 1-2 #6, reinforcing plate, pages 2-3), and configured to transmit the first gas between the first gas-flow passage and the element portion (figures 1-2 #6, reinforcing plate, pages 2-3); and a second metal portion located between the first gas-flow passage and the second gas-flow passage, and configured to transmit neither the first gas nor the second gas (figures 1 and 2 #4, separator, pages 2-3).
As to claim 3, Kususe discloses wherein, the first metal portion and the second metal portion are constituted by a continuous metal material (figures 1-2 #4 and #6, pages 2-3).
As to claim 4, Kususe discloses further comprising: a fourth metal portion located opposite to the second metal portion with the second gas-flow passage interposed between the fourth metal portion and the second metal portion, wherein the first metal portion, the second metal portion, and the fourth metal portion are constituted by a continuous metal material (figures 1 and 2 #6, the number 6 for the anode or cathode that is not being used already, pages 2-3).
As to claim 6, Kususe discloses wherein the first metal portion comprises an opening through which the element portion and the first gas-flow passage are in communication with each other (figures 1-2, pages 2-3).
As to claim 7, Kususe discloses wherein a first electrode of the element portion facing the opening protrudes into the opening or is spaced apart from the opening (figures 1-2 #6 and #2 or #3, pages 2-3).
As to claim 8, Kususe discloses wherein the metal member comprises a reinforcing portion located inside the first gas-flow passage (figures 1-2 #8, pages 2-3).
As to claim 9, Kususe discloses wherein the metal member comprises a reinforcing portion being located inside the first gas-flow passage and facing the first metal portion and the second metal portion (figures 1-2 #8, pages 2-3).
As to claim 10, Kususe discloses wherein the metal member comprises a third metal portion located between the first metal portion and the second metal portion, and the third metal portion includes the reinforcing portion (figures 1-2 #8, pages 2-3).
As to claim 11, Kususe discloses wherein the first gas-flow passage comprises an inlet and an outlet for the first gas, and the reinforcing portion extends in a second direction intersecting a first direction directed from the inlet toward the outlet (figures 1 and 2 #8, pages 2-3, the plate is wavy and three dimensional thus intersecting the plane).
As to claim 12, Kususe discloses a cell stack device comprising the cell according to claim 1 in plurality (pages 2-3, fuel cell stack).
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kususe as applied to claim 2 above, and further in view of Cui (CN110120530).
As to claim 5, Kususe discloses further comprising: a fourth metal portion located opposite to the second metal portion with the second gas-flow passage interposed between the fourth metal portion and the second metal portion (figures 1 and 2 pages 2-3, give that it is a stack this can be either the other #6 or #8).
Kususe is silent to a coating layer located between the fourth metal portion and an oxidizing atmosphere, the coating layer containing at least any one of zinc, manganese, and cobalt.
Cui discloses a fuel cell bipolar plate (page 1) wherein a coating of cobalt oxide is used on the bipolar plate to improve durability and corrosion resistance (page 5). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the coating from Cui within Kususe to improve durability and corrosion resistance (page 5).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kususe as applied to claim 12 above, and further in view of Iwasaki (US 2016/0351935).
As to claim 13-14, Kususe is silent to a module comprising: the cell stack device according to claim 12; and a housing container housing the cell stack device (claim 13) and a module housing device comprising: the module according to claim 13; an auxiliary device configured to operate the module; and an external case housing the module and the auxiliary device (claim 14).
Iwasaki, also directed to a cell stack device, teaches a stack module and a housing device with an auxiliary device (i.e., reformer) to support and operate the module ([0002], [0006]-[0007] and [0080]-[0083]) the module and housing device improve power generation and prevent gas leakage from the interior ([0007]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time of the effective filing date of the claimed invention to modify Kususe to include a module, housing and auxiliary device as taught by Iwasaki in order to house and protect the stack and further improve power generation and prevent gas leakage from the interior of the stack ([0006]-[0011], discussed throughout Iwasaki).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST M-F.
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/BRIAN R OHARA/Examiner, Art Unit 1724