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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. DE102020114399.0, filed on 5/28/2020.
Claim Objections
Claims 1, 5, 9, 14-18, 21-22 and 28-29 are objected to because of the following informalities:
{Note: The suggested amendments resolve a plethora of issues in claims identified by examiner in light of the instant specification which seem to arise due to an inadequate translation of the claims presented in the parent application filed in its original language in a foreign Office. The issues identified herein constitute minor informalities of features pertaining the flow element and are considered to be in complete compliance in scope as intended by the claims, as filed. Thus, for examination purposes, Examiner has relied on the suggested amendments to address each limitation of the claims. Further issues of clarity which arise to the level of indefiniteness have also been identified and are presented below under the heading Claim Rejections - 35 USC § 112}.
Claims 1 and 25 – the recitation, “a plate-like base body that extends in two main directions of extension that are oriented at an angle in relation to one another, and has an extension in a height direction that is oriented transversely and in particular perpendicularly thereto”, should be amended to recite: --a plate-like base body that extends in two main directions of extension that are oriented at an angle in relation to one another, and having an extension in a height direction that is oriented perpendicularly to the two main directions of extension--.
Claims 1 and 25 – the recitation, “wherein the channels are formed by recesses in the base body and are separated from one another by raised portions, arranged between the recesses, of the base body”, should be amended to recite -- wherein the channels are formed by recesses in the base body and are separated from one another by raised portions arranged between the recesses of the base body--.
Claims 1 and 25 – the recitation, “wherein regions having a normal level difference, defined in the height direction, as a height difference between a raised portion and an adjoining recess are provided, as well as regions having a level difference, reduced in comparison with the normal level difference, as a height difference between a raised portion and an adjoining recess”, should be amended to recite: --wherein the base body is provided with regions having a normal level difference, defined in the height direction as a height difference between a raised portion and an adjoining recess, and regions having a reduced level difference, defined as a height difference between a raised portion and an adjoining recess reduced in comparison with the regions having a normal level difference--.
Claims 1 and 25 – the recitation, “wherein, in the running direction of the channels, at least in some portions thereof, regions having a normal level difference and regions having a reduced level difference are provided repeatedly, and regions having a reduced level difference of adjacent channels are offset in relation to one another with respect to the respective running direction thereof”, should be amended to recite: --wherein, in at least some portions of the channels along the running direction, regions having a normal level difference and regions having a reduced level difference are provided repeatedly, and regions having a reduced level difference of adjacent channels are offset in relation to one another with respect to the respective running direction thereof, and--.
Claims 1 and 25 – the recitation, “wherein the regions having a reduced level difference are formed on the base body by means of saddle regions, and the regions having a normal level difference are formed by means of valley regions arranged therebetween, and wherein a valley region of an adjacent channel is in each case located opposite the saddle regions”, should be amended to recite: --wherein the regions having a reduced level difference are formed on the base body by means of saddle regions, and the regions having a normal level difference are formed by means of valley regions arranged between the saddle regions along the running direction of the channels, and wherein a valley region of adjacent channels are respectively located opposite respective the saddle regions along a transverse direction that is perpendicular with respect to the running direction of the channels--.
Claim 5 – the recitation, “wherein the valley regions and the saddle regions within a respective channel are formed so as to periodically repeat and/or in that a period of repetition of the valley regions and the saddle regions of the channels is the same size or substantially the same size”, should be amended to recite: --wherein the valley regions and the saddle regions within a respective channel are formed so as to periodically repeat and/or in that a period of repetition of the valley regions and the saddle regions of the channels is the same amount or substantially the same amount.--
Claim 9 – the recitation, “wherein the channels, in the running direction thereof, have repeating narrowing regions in which a width of the channels, transverse and in particular perpendicular to the running direction, is smaller than in normal-width regions arranged between the narrowing regions”, should be amended to recite: -- wherein the channels, in the running direction thereof, have repeating narrowing regions in which a width of the channels in the transverse direction is smaller than in normal-width regions arranged between the narrowing regions--.
Claim 14 – the recitation, “wherein, in the running direction of a respective channel, regions having cross-sectional expansion and, subsequently, regions having cross-sectional reduction are provided, in particular, wherein regions having cross-sectional expansion and regions having cross-sectional reduction are formed asymmetrically relative to one another”, should be amended to recite: -- wherein, in the running direction of a respective channel, regions having cross-sectional expansion and, subsequently, regions having cross-sectional reduction are provided, wherein regions having cross-sectional expansion and regions having cross-sectional reduction are formed asymmetrically relative to one another--.
Claim 15 – the recitation, “wherein a channel, expanding at an opening angle, in a region has cross-sectional expansion and/or a channel, narrows at a reduction angle, in a region having cross-sectional reduction, wherein the opening angle and/or the reduction angle have legs extending in particular along flanks of the raised portions”, should be amended to recite: --wherein a respective channel expands at an opening angle in the regions having cross-sectional expansion, and/or a respective channel narrows at a reduction angle in the regions having cross-sectional reduction, wherein the opening angle and/or the reduction angle, respectively, have legs extending along flanks of the raised portions--.
Claim 16 – the recitation, “wherein the opening angle and the reduction angle are of different sizes, in particular, wherein the reduction angle is greater than the opening angle”, should be amended to recite: --wherein the reduction angle is greater in size than the opening angle--.
Claim 17 – the recitation, “wherein the raised portions form contact elements of the base body for contacting, in particular, a gas diffusion layer of an electrochemical device, and preferably wherein the contact elements are in each case configured to be planar and/or wherein the contact elements, in the running direction of the channels, have a zig-zag-shaped course”, should be amended to recite: --wherein the raised portions form contact elements of the base body for contacting a gas diffusion layer of an electrochemical device, and wherein the contact elements are in each case configured to be planar, and/or wherein the contact elements, in the running direction of the channels, have a zig-zag-shaped course--.
Claim 18 – the recitation, “wherein the raised portions have an identical or substantially identical width transverse and in particular perpendicular to the running direction of the respective channel over the running direction of the channel”, should be amended to recite: --wherein the raised portions have an identical or substantially identical width in the transverse direction with respect to the running direction of the respective channel along the running direction of the channel--.
Claim 21 – the recitation, “wherein, on the second side, in the region of the saddle regions, flow transfer regions are formed between adjacent ones of the further channels, said flow transfer regions being configured to extend less highly in the height direction than projection regions on the second side, which projection regions are arranged on the second side in the region of the valley regions”, should be amended to recite: --wherein, on the second side, opposite to the saddle regions provided on the first side, flow transfer regions are formed between adjacent ones of the further channels, and opposite to the valley regions provided on the first side, projection regions are formed between adjacent ones of the further channels, said flow transfer regions being configured to extend less highly in the height direction than said projection regions on the second side--.
Claim 22 – the recitation, “wherein the base body, at the projection regions, forms contact elements for contacting the flow element to, in particular, a further flow element of a bipolar plate”, should be amended to recite: --wherein the base body, at the projection regions, forms contact elements for contacting the flow element to a further flow element of a bipolar plate--.
Claim 25 – the recitation, “comprising at least one flow element and a second flow element, wherein at least one flow element is a flow element comprising a plate-like base body..” should be amended to recite: --comprising a first flow element and a second flow element, wherein the first flow element comprises a plate-like base body…-- {Note that this amendment is consistent with the use of the recitation “first flow element” in dependent claims 26-28}.
Claim 28 – the recitation, “wherein flow transfer paths between the channels of the first flow element are formed between the first flow element and the second flow element, and preferably on a side of the base body that faces away from the saddle regions”, should be amended to recite: --wherein flow transfer paths between adjacent channels of the first flow element are formed between the first flow element and the second flow element on a side of the base body that faces away from the saddle regions--.
Claim 29 – the recitation, “formation of a channel structure on a base body that extends in two main directions of extension that are oriented at an angle in relation to one another, and has an extension in a height direction that is oriented transversely and in particular perpendicularly thereto”, should be amended to recite: -- formation of a channel structure on a base body that extends in two main directions of extension that are oriented at an angle in relation to one another, and having an extension in a height direction that is oriented perpendicularly to the two main directions of extension--.
Claim 29 – the recitation, “wherein the channels are formed by recesses in the base body and are formed so as to be separated from one another by raised portions, arranged between the recesses, of the base body”, should be amended to recite --wherein the channels are formed by recesses in the base body and are formed so as to be separated from one another by raised portions arranged between the recesses of the base body--.
Claim 29 – the recitation, “wherein regions having a normal level difference, defined in the height direction, are formed as a height difference between a raised portion and an adjoining recess, as well as regions having a level difference, reduced in comparison with the normal level difference, as a height difference between a raised portion and an adjoining recess”, should be amended to recite: --wherein the base body is formed with regions having a normal level difference, defined in the height direction as a height difference between a raised portion and an adjoining recess, and regions having a reduced level difference, defined as a height difference between a raised portion and an adjoining recess reduced in comparison with the regions having a normal level difference--.
Claim 29 – the recitation, “wherein, in the running direction of the channels, at least in some portions thereof, regions having a normal level difference and regions having a reduced level difference are formed repeatedly, and regions having a reduced level difference of adjacent channels are offset in relation to one another with respect to the respective running direction thereof”, should be amended to recite: --wherein, in at least some portions of the channels along the running direction, regions having a normal level difference and regions having a reduced level difference are formed repeatedly, and regions having a reduced level difference of adjacent channels are offset in relation to one another with respect to the respective running direction thereof, and--.
Claim 29 – the recitation, “wherein the regions having a reduced level difference are formed on the base body by means of saddle regions, and the regions having a normal level difference are formed by means of valley regions arranged therebetween, wherein a valley region of an adjacent channel is in each case formed opposite the saddle regions”, should be amended to recite: --wherein the regions having a reduced level difference are formed on the base body by means of saddle regions, and the regions having a normal level difference are formed by means of valley regions arranged between the saddle regions along the running direction of the channels, and wherein a valley region of adjacent channels are respectively formed opposite respective the saddle regions along a transverse direction that is perpendicular with respect to the running direction of the channels--.
Appropriate correction is required.
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.
Claims 1-24 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.
In Claim 1, the phrase, “in particular, as a component of a bipolar plate of an electrochemical device”, in lines 1-2, renders the claim scope unclear as it leaves it ambiguous because it is unclear whether the scope of the claimed invention should be restricted to the “flow element” as a standalone structure capable of being used as a component of a bipolar plate or as a component of a bipolar plate. Since the body of the claim, and all claims dependent thereto, fail to recite a structural linkage between the flow element and the bipolar plate, for examination purposes, and in light of the instant specification, the scope of the instant claim is restricted to the flow element as a standalone structure capable of being used as a component of a bipolar plate. This interpretation is further supposed by claim 24 which intends to use the flow element of claim 1 in a bipolar plate of an electrochemical device, suggesting that the flow element of claim 1 is intended to be used as a component of a bipolar plate.
Claims 2-24 are similarly rejected for including subject matter of base claim 1.
Claim 2 recites the term, 'flow-throughable', which is not a term of art and lacks an accepted definition in the relevant technical field. The claim fails to provide clear parameters as to how a 'flow-throughable' cross-sectional area differs from a simply 'open' or 'hollow' cross-sectional area, rendering the scope of the claimed 'modulation' indefinite. It is unclear whether this term requires specific permeability, a certain cross-sectional flow rate, or merely that a material can flow through the channel in certain areas and not in other areas in the running direction of the channel. As such, one of ordinary skill in the art cannot determine with reasonable certainty the boundaries of the claimed invention. For examination purposes, and in light of the instant specification [Fig. 6], the instant claim is interpreted to have recited: -- wherein a modulation of a cross-sectional area of the respective channel in the running direction through which fluid flows is formed by means of the saddle regions and the valley regions.--
Claim 4 recites, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 4 recites: (1) the broad recitation “wherein a curvature of the base body in the running direction of the channel is less in the saddle regions than transverse and in particular perpendicular to the running direction”, and the claim also recites “in particular, at an apex of the saddle region” which is the narrower statement of the range/limitation; and (2) the broad recitation “a curvature of the base body in the running direction of the channel is less in the valley regions than transverse and in particular perpendicular to the running direction”, and the claim also recites “in particular, at a valley bottom of the valley region” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. For examination purposes, and in light of the instant specification, both scenarios have been considered, and the claim has been assigned the following interpretations: (1)--wherein a curvature of the base body in the saddle regions along the running direction of the channel is less than the curvature of the base body along the transverse direction, and/or wherein a curvature of the base body in the valley regions along the running direction of the channel is less the curvature of the base body along the transverse direction—OR (2) --wherein a curvature of the base body at an apex of the saddle regions along the running direction of the channel is less than the curvature of the base body along the transverse direction, and/or wherein a curvature of the base body at a valley bottom of the valley regions along the running direction of the channel is less the curvature of the base body along the transverse direction--. {Note also the suggested amendment to claim clarifies direction of the curvature in consistence with directions identified in amendments suggested for claim 1 in Claim Objections section above}.
Regarding Claim 8, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 8 recites: (1) the broad recitation “a material thickness of the base body is approximately 40 μm to 500 μm”, and the claim also recites “preferably of approximately 50 μm to 120 μm” which is the narrower statement of the range/limitation; (2) the broad recitation “a depth of the channels in a region has a normal level difference of approximately 0.15 mm to 1.0 mm”, and the claim also recites “preferably of approximately 0.2 mm to 0.6 mm” which is the narrower statement of the range/limitation; and (3) the broad recitation “a depth of the channels in a region has a reduced level difference of approximately 0.05 mm to 0.6 mm”, and the claim also recites “preferably of approximately 0.1 mm to 0.5 mm” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 10 recites, “wherein the narrowing regions are cross-sectional reduction regions in which a flow-throughable cross-sectional area of the channels is reduced in relation to that of the normal-width regions, in particular, in that a respective normal-width region of an adjacent channel is located opposite the narrowing regions.” The term, 'flow-throughable', which is not a term of art and lacks an accepted definition in the relevant technical field. The claim fails to provide clear parameters as to how a 'flow-throughable' cross-sectional area differs from a simply 'open' or 'hollow' cross-sectional area, rendering the scope of the claimed 'modulation' indefinite. It is unclear whether this term requires specific permeability, a certain cross-sectional flow rate, or merely that a material can flow through the channel in certain areas and not in other areas in the running direction of the channel. As such, one of ordinary skill in the art cannot determine with reasonable certainty the boundaries of the claimed invention. For examination purposes, and in light of the instant specification [Fig. 5], the instant claim is interpreted to have recited: --wherein the narrowing regions are cross-sectional reduction regions in which a cross-sectional area of the respective channel in the running direction through which fluid flows is reduced in relation to that of the normal-width regions, and wherein respective normal-width regions of an adjacent channel are located opposite respective to the narrowing regions along the transverse direction--.
Regarding Claim 13, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 13 recites: (1) the broad recitation “a width of the channel in the narrowing region, measured in particular at half the height of a flank of the raised portion, is approximately 0.2 mm to 2 mm”, and the claim also recites “preferably of approximately 0.3 mm to 1 mm” which is the narrower statement of the range/limitation; (2) the broad recitation “a width of the channel in the normal-width region, measured in particular at half the height of a flank of the raised portion, is approximately 0.3 mm to 3 mm”, and the claim also recites “preferably of approximately 0.4 mm to 2 mm” which is the narrower statement of the range/limitation; and (3) the broad recitation “a width of the raised portion, measured in particular at half the height of the flank of the raised portion, is approximately 0.2 mm to 1.5 mm”, and the claim also recites “preferably of approximately 0.3 mm to 0.8 mm” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 24 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim recites a “use” of a device without reciting active, functional steps of how it may be used in a bipolar plate.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8 and 17-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Poirot-Crouvezier (US20170279132A1 – refer to IDS filed 11/24/2022).
Regarding Claim 1, Poirot-Crouvezier discloses a flow element (e.g., first conductive sheet 10, anodic conductive sheet), as a component of a bipolar plate 1 of an electrochemical device (e.g., fuel cell), comprising a plate-like base body (i.e., conductive plates) that extends in two main directions of extension (i.e., directions of X and Y axes defining a plane parallel to the plane of the bipolar plate) that are oriented at an angle in relation to one another (e.g., right angle), and having an extension in a height direction (i.e., direction of Z axis along a thickness of the bipolar plate) that is oriented perpendicularly to the two main directions of extension [pars. 0040-41,0043, 0062-63; Figs. 2A-5C],
wherein the base body has a channel structure (distribution channels Ca, or cooling circuit for flow of heat-transfer fluid Cr) having a plurality of channels that are arranged laterally adjacent to one another [pars. 0062-63,0079-81; Figs. 2A-5C],
wherein the channels are formed by recesses (e.g., distribution channels Ca) in the base body and are separated from one another by raised portions (e.g., ribs Na) arranged between the recesses of the base body [par. 0062; Figs. 2A-5C],
wherein the base body is provided with regions having a normal level difference (i.e., portions Da having a nominal depth), defined in the height direction as a height difference between a raised portion and an adjoining recess, and regions having a reduced level difference (i.e., portions Sa having a decrease depth), defined as a height difference between a raised portion and an adjoining recess reduced in comparison with the regions having a normal level difference [par. 0063-64,0087; Figs. 2A-5C],
wherein, in at least some portions of the channels along the running direction, regions having a normal level difference and regions having a reduced level difference are provided repeatedly, and regions having a reduced level difference of adjacent channels are offset in relation to one another with respect to the respective running direction thereof [par. 0080; Fig. 3]; and
wherein the regions having a reduced level difference are formed on the base body by means of saddle regions, and the regions having a normal level difference are formed by means of valley regions arranged between the saddle regions along the running direction of the channels, and wherein a valley region of adjacent channels are respectively located opposite respective the saddle regions along the transverse direction that is perpendicular with respect to the running direction of the channels [Figs. 2A-5C] {Note: Since the instant specification does not particularly define the terms “saddle regions” and “valley regions”, for example, as may be understood in context of microfluidic, Examiner has adopted the interpretation for the terms to simply refer to the “regions having reduced level difference” and as “regions having normal level difference”, respectively, as defined in the claim body herein without assigning any specific shape to or functional role to the respective regions}.
Regarding Claim 2, Poirot-Crouvezier discloses wherein a modulation of a cross-sectional area of the respective channel in the running direction through which fluid flows is formed by means of the saddle regions and the valley regions [Fig. 2A-5C].
Regarding Claim 3, Poirot-Crouvezier discloses wherein the valley regions are configured as concave regions of the base body, and/or the saddle regions are configured as convex regions of the base body [Figs. 2A-5C].
Regarding Claim 4, Poirot-Crouvezier discloses wherein a curvature of the base body in the saddle regions along the running direction of the channel is less than the curvature of the base body along the transverse direction, and/or wherein a curvature of the base body in the valley regions along the running direction of the channel is less the curvature of the base body along the transverse direction [Figs. 2A-5C].
Regarding Claim 5, Poirot-Crouvezier discloses wherein the valley regions and the saddle regions within a respective channel are formed so as to periodically repeat and/or in that a period of repetition of the valley regions and the saddle regions of the channels is the same amount or substantially the same amount [pars. 0060,0079; Fig. 3].
Regarding Claim 6, Poirot-Crouvezier discloses wherein the base body has saddle regions and valley regions in a regular arrangement [pars. 0060,0079; Fig. 3].
Regarding Claim 7, Poirot-Crouvezier discloses wherein at least one of the following applies:
the saddle regions and/or the valley regions are implemented by portions of the base body that adjoin one another at an angle in the running direction of the channel [Figs. 2A-5C];
the saddle regions and/or the valley regions are configured to be planar in some portions [Figs. 2A-5C];
the saddle regions and/or the valley regions are implemented by channel portions that are curved continuously in the running direction of the channel [Figs. 2A-5C];
the saddle regions and the valley regions merge into one another in the running direction of the channel or adjoin one another directly [Figs. 2A-5C].
Regarding Claim 8, Poirot-Crouvezier discloses wherein at least one of the following applies:
a material thickness of the base body is approximately 50 μm to 75 μm [par. 0066].
Regarding Claim 17, Poirot-Crouvezier discloses wherein the raised portions form contact elements of the base body for contacting a gas diffusion layer of an electrochemical device, and wherein the contact elements are in each case configured to be planar [par. 0042; Fig. 2A].
Regarding Claim 18, Poirot-Crouvezier discloses wherein the raised portions have an identical or substantially identical width in the transverse direction with respect to the running direction of the respective channel along the running direction of the channel [Figs. 2A-5C].
Regarding Claim 19, Poirot-Crouvezier discloses wherein at least one of the following applies:
the channels run parallel to one another, at least in some regions, on the base body; or
the channels on the base body extend, at least in some regions, in a straight line, have bends, and/or extend, at least in some regions, in the shape of an arc [Figs. 2A-5C].
Regarding Claim 20, Poirot-Crouvezier discloses wherein the base body has a first side (outer face 11) and a second (inner face 12) side facing away from the first side, wherein the channels are arranged on the first side, and further channels (cooling channels Cr) are arranged or formed on the second side on the base body, wherein the further channels are arranged in the region of the raised portions of the first side, and, on the second side, raised portions are arranged between the further channels in the region of the recesses of the first side [pars. 0064,0087; Figs. 2A-5C].
Regarding Claim 21, Poirot-Crouvezier discloses wherein, on the second side, opposite to the saddle regions provided on the first side, flow transfer regions are formed between adjacent ones of the further channels, and opposite to the valley regions provided on the first side, projection regions are formed between adjacent ones of the further channels, said flow transfer regions being configured to extend less highly in the height direction than said projection regions on the second side [par. 0069,0087-88; Figs. 3-4I]
Regarding Claim 22, Poirot-Crouvezier discloses wherein the base body, at the projection regions, forms contact elements for contacting the flow element to a further flow element of a bipolar plate [par. 0063; Figs. 2A-5C].
Regarding Claim 23, Poirot-Crouvezier discloses wherein at least one of the following applies:
the flow element is integrally formed [par. 0046];
the flow element is configured as a deformation part, by means of a thermal molding method or by means of an additive method [par. 0046];
the flow element is made of metal or of graphite [par. 0045].
Regarding Claim 24, Poirot-Crouvezier discloses that the flow element of claim 1 is used as a component in a bipolar plate of an electrochemical device [par. 0043].
Regarding Claim 25, Poirot-Crouvezier discloses a bipolar plate 1 for an electrochemical device (e.g., fuel cell), comprising a first flow element (first conductive sheet 10, anodic conductive sheet) and a second flow element (second conductive sheet 20, cathodic conductive sheet), wherein the first flow element comprises a plate-like base body (i.e., conductive plates) that extends in two main directions of extension (i.e., directions of X and Y axes defining a plane parallel to the plane of the bipolar plate) that are oriented at an angle in relation to one another (e.g., right angle), and having an extension in a height direction (i.e., direction of Z axis along a thickness of the bipolar plate) that is oriented perpendicularly to the two main directions of extension [pars. 0040-41,0043, 0062-63; Figs. 2A-5C],
wherein the base body has a channel structure (distribution channels Ca, or cooling circuit for flow of heat-transfer fluid Cr) having a plurality of channels that are arranged laterally adjacent to one another [pars. 0062-63,0079-81; Figs. 2A-5C],
wherein the channels are formed by recesses (e.g., distribution channels Ca) in the base body and are separated from one another by raised portions (e.g., ribs Na) arranged between the recesses of the base body [par. 0062; Figs. 2A-5C],
wherein the base body is provided with regions having a normal level difference (i.e., portions Da having a nominal depth), defined in the height direction as a height difference between a raised portion and an adjoining recess, and regions having a reduced level difference (i.e., portions Sa having a decrease depth), defined as a height difference between a raised portion and an adjoining recess reduced in comparison with the regions having a normal level difference [par. 0063-64,0087; Figs. 2A-5C],
wherein, in at least some portions of the channels along the running direction, regions having a normal level difference and regions having a reduced level difference are provided repeatedly, and regions having a reduced level difference of adjacent channels are offset in relation to one another with respect to the respective running direction thereof [par. 0080; Fig. 3]; and
wherein the regions having a reduced level difference are formed on the base body by means of saddle regions, and the regions having a normal level difference are formed by means of valley regions arranged between the saddle regions along the running direction of the channels, and wherein a valley region of adjacent channels are respectively located opposite respective the saddle regions along the transverse direction that is perpendicular with respect to the running direction of the channels [Figs. 2A-5C] {Note: Since the instant specification does not particularly define the terms “saddle regions” and “valley regions”, for example, as may be understood in context of microfluidic, Examiner has adopted the interpretation for the terms to simply refer to the “regions having reduced level difference” and as “regions having normal level difference”, respectively, as defined in the claim body herein without assigning any specific shape to or functional role to the respective regions}.
Regarding Claim 26, Poirot-Crouvezier discloses wherein the first flow element and the second flow element contact one another via corresponding contact elements [par. 004,0062-63; Figs. 2A-5C].
Regarding Claim 27, Poirot-Crouvezier discloses wherein the second flow element comprises a channel structure on at least the side facing the first flow element, and/or in that the first flow element is arranged on the second flow element such that the recesses extend in the direction of the second flow element [Figs. 2A-5C].
Regarding Claim 28, Poirot-Crouvezier discloses wherein flow transfer paths between adjacent channels of the first flow element are formed between the first flow element and the second flow element on a side of the base body that faces away from the saddle regions [pars. 0069,0087-88; Fig. 3-4I].
Regarding Claim 29, Poirot-Crouvezier discloses a method for producing a flow element (e.g., first conductive sheet 10, anodic conductive sheet) comprising:
the formation of a channel structure (distribution channels Ca, or cooling circuit for flow of heat-transfer fluid Cr) on a base body (i.e., conductive plates) that extends in two main directions of extension that are oriented at an angle in relation to one another (i.e., directions of X and Y axes defining a plane parallel to the plane of the bipolar plate) that are oriented at an angle in relation to one another (e.g., right angle), and having an extension in a height direction that is oriented perpendicularly to the two main directions of extension (i.e., direction of Z axis along a thickness of the bipolar plate) that is oriented perpendicularly to the two main directions of extension, with a plurality of channels that are arranged laterally adjacent to one another [pars. 0040-41,0043, 0062-63; Figs. 2A-5C],
wherein the channels are formed by recesses (e.g., distribution channels Ca) in the base body and are formed so as to be separated from one another by raised portions (ribs Na) arranged between the recesses of the base body [par. 0062; Figs. 2A-5C],
wherein the base body is formed with regions having a normal level difference (i.e., portions Da having a nominal depth), defined in the height direction as a height difference between a raised portion and an adjoining recess, and regions having a reduced level difference (i.e., portions Sa having a decrease depth), defined as a height difference between a raised portion and an adjoining recess reduced in comparison with the regions having a normal level difference [par. 0063-64,0087; Figs. 2A-5C],
wherein, in at least some portions of the channels along the running direction, regions having a normal level difference and regions having a reduced level difference are formed repeatedly, and regions having a reduced level difference of adjacent channels are offset in relation to one another with respect to the respective running direction thereof [par. 0080; Fig. 3], and
wherein the regions having a reduced level difference are formed on the base body by means of saddle regions, and the regions having a normal level difference are formed by means of valley regions arranged between the saddle regions along the running direction of the channels, and wherein a valley region of adjacent channels are respectively formed opposite respective the saddle regions along a transverse direction that is perpendicular with respect to the running direction of the channels [Figs. 2A-5C] {Note: Since the instant specification does not particularly define the terms “saddle regions” and “valley regions”, for example, as may be understood in context of microfluidic, Examiner has adopted the interpretation for the terms to simply refer to the “regions having reduced level difference” and as “regions having normal level difference”, respectively, as defined in the claim body herein without assigning any specific shape to or functional role to the respective regions}.
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.
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(s) 9-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poirot-Crouvezier, as applied to claim 1 above, and further in view of Johnson (US6,586,128B1 – refer to IDS filed 11/24/2022).
Regarding Claim 9, Poirot-Crouvezier fails to disclose wherein the channels, in the running direction thereof, have repeating narrowing regions in which a width of the channels in the transverse direction is smaller than in normal-width regions arranged between the narrowing regions. However, Johnson, from the same field of endeavor, discloses a flow element (flow field plate) comprising plate-like base body that extends in two main directions of extension that are oriented at an angle in relation to one another, wherein the base body has a channel structure having a plurality of channels that are arranged laterally adjacent to one another, wherein the channels are formed by recesses in the base body and are separated from one another by raised portions, arranged between the recesses, of the base body, and wherein wherein the channels, in the running direction thereof, have repeating narrowing regions in which a width of the channels in the transverse direction is smaller than in normal-width regions arranged between the narrowing regions (i.e., the channel width varies cyclically in the reactant direction such that each channel is half a cycle out of phase with its neighboring channels) in order to obtain non-zero pressure differences between channels resulting in improved fuel cell performance [Johnson – C8:L1-7,C3L36-45; Fig. 5]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Johnson to modify flow element of Poirot-Crouvezier, wherein the channels, in the running direction thereof, have repeating narrowing regions in which a width of the channels in the transverse direction is smaller than in normal-width regions arranged between the narrowing regions in order to obtain non-zero pressure differences between channels resulting in improved fuel cell performance.
Regarding Claim 10, modified Poirot-Crouvezier teaches wherein the narrowing regions are cross-sectional reduction regions in which a cross-sectional area of the respective channel in the running direction through which fluid flows is reduced in relation to that of the normal-width regions, and wherein respective normal-width regions of an adjacent channel are located opposite respective to the narrowing regions along the transverse direction [Johnson – C8:L1-7,C3L36-45; Fig. 5].
Regarding Claim 11, modified Poirot-Crouvezier teaches wherein the narrowing regions, in the running direction of the channels, are arranged or formed in the saddle regions, and the normal-width regions are arranged or formed in the valley regions [Johnson – C8:L1-7,C3L36-45; Fig. 5].
Regarding Claim 12, modified Poirot-Crouvezier teaches wherein the narrowing regions and the normal-width regions within a respective channel are formed so as to periodically repeat and/or in that a period length of the repetition of the narrowing regions and the normal-width regions of the channels is the same size or substantially the same size [Johnson – C8:L1-7,C3L36-45; Fig. 5].
Regarding Claim 13, modified Poirot-Crouvezier fails to explicitly teach wherein wherein at least one of the following applies: a width of the channel in the narrowing region, measured in particular at half the height of a flank of the raised portion, is approximately 0.2 mm to 2 mm, and preferably of approximately 0.3 mm to 1 mm; a width of the channel in the normal-width region, measured in particular at half the height of a flank of the raised portion, is approximately 0.3 mm to 3 mm, and preferably of approximately 0.4 mm to 2 mm; or a width of the raised portion, measured in particular at half the height of the flank of the raised portion, is approximately 0.2 mm to 1.5 mm, and preferably of approximately 0.3 mm to 0.8 mm. However, the instant specification teaches that in order to implement the lowest possible pressure loss along a respective channel as a result of the cross-sectional modulation, continuous transitions between saddle regions and valley regions and/or between narrowing regions and normal-width regions are preferred [PgPublication – pars. 0080-89]. In this regard, Johnson teaches providing the narrowing regions and the normal-width regions to periodically repeat in order to obtain non-zero pressure differences between channels resulting in improved fuel cell performance [Johnson – C8:L1-7,C3L36-45; Fig. 5], establishing the width of the channel at the narrowing region with respect to the width at the normal-width region a result-effective variable for controlling pressure loss of fluid flow along the channels. Further, the relative widths of the channel is subject to size of the electrochemical device in which the flow element is used for. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Johnson to further modify flow element of Poirot-Crouvezier to optimize the width of the channel in the arrowing region, width of the channel in the normal-width region, and/or the width of the raised portion, measured at half the height of a flank of the raised portion to be 0.2 mm to 2mm, 0.3 mm to 3 mm, and 0.2 mm to 1.5 mm, respectively, in order to control the pressure loss of fluid flow along the channels, without undue experimentation and with a reasonable expectation of success [MPEP 2144.05(II)].
Regarding Claim 14, Poirot-Crouzevir fails to disclose wherein, in the running direction of a respective channel, regions having cross-sectional expansion and, subsequently, regions having cross-sectional reduction are provided, wherein regions having cross-sectional expansion and regions having cross-sectional reduction are formed asymmetrically relative to one another. However, Johnson, from the same field of endeavor, discloses a flow element (flow field plate) comprising plate-like base body that extends in two main directions of extension that are oriented at an angle in relation to one another, wherein the base body has a channel structure having a plurality of channels that are arranged laterally adjacent to one another, wherein the channels are formed by recesses in the base body and are separated from one another by raised portions, arranged between the recesses, of the base body, and wherein, in the running direction of a respective channel, regions having cross-sectional expansion and, subsequently, regions having cross-sectional reduction are provided, wherein regions having cross-sectional expansion and regions having cross-sectional reduction are formed asymmetrically relative to one another (i.e., the channel width varies cyclically in the reactant direction such that each channel is half a cycle out of phase with its neighboring channels) in order to obtain non-zero pressure differences between channels resulting in improved fuel cell performance [Johnson – C8:L1-7,C3L36-45; Fig. 5]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Johnson to modify flow element of Poirot-Crouvezier, wherein, in the running direction of a respective channel, regions having cross-sectional expansion and, subsequently, regions having cross-sectional reduction are provided, wherein regions having cross-sectional expansion and regions having cross-sectional reduction are formed asymmetrically relative to one another in order to obtain non-zero pressure differences between channels resulting in improved fuel cell performance.
Regarding Claim 15, modified Poirot-Crouzevir discloses wherein a respective channel expands at an opening angle in the regions having cross-sectional expansion, and/or a respective channel narrows at a reduction angle in the regions having cross-sectional reduction, wherein the opening angle and/or the reduction angle, respectively, have legs extending along flanks of the raised portions [Johnson – C8:L1-7,C3L36-45; Fig. 5].
Regarding Claim 16, modified Poirot-Crouzevir discloses wherein the opening angle and the reduction angle are of different sizes, or wherein reduction angle is greater in size than the opening angle [Johnson – C8:L1-7,C3L36-45; Fig. 5].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAROON S SHEIKH whose telephone number is (571)270-0302. The examiner can normally be reached 9-6.
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HAROON S. SHEIKH
Primary Examiner
Art Unit 1751
/Haroon S. Sheikh/ Primary Examiner, Art Unit 1751