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
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.
Claim(s) 1, 2 and 7-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klinder (DE Publication 102010011206).
Regarding claims 1, 7 and 10, Klinder discloses a fuel cell stack comprising: a stack of bipolar plates each having an anode surface and a cathode surface; a polymer membrane between the anode and cathode surfaces; end plates that clamp the plurality of bipolar plates together; an outer structure which holds the fuel cell stack; and a sealing arrangement and/or insulating arrangement on the circumferential surface of the fuel cell stack between the stack and the outer structure, wherein the bipolar plates comprise media ports through which the fuel flow fields can be supplied, and wherein the sealing arrangement is electrically insulating (Paragraphs 0015, 0017, 0025). As to claim 2, Klinder teaches that the sealing arrangement can be formed to abut the outer structure (Paragraph 0017). As to claim 8, Klinder does not mention the use of a fan. Regarding claim 9, Klinder discloses that the end plates comprise media channels to establish a fluid connection between the fuel cell stack and at least one fluid line adjacent to the housing (Paragraph 0015).
Klinder teaches every limitation of claims 1, 2 and 7-10 of the present invention and thus anticipates the claims.
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) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klinder (DE Publication 102010011206) in view of Schmid (DE Publication 102015201408).
The teachings of Klinder have been discussed in paragraph 3 above.
Klinder fails to specifically point out if the outer seal completely coats or partially coats the overhang portions.
Schmid discloses a fuel cell stack comprising: a plurality of fuel cells with bipolar plates, wherein the bipolar plates alternate with membrane electrode assemblies; end plates that clamp the plurality of fuel cells together; a housing which seals the fuel cell stack; and an inner seal and an outer seal (insulating materials) on the sides of the fuel cell stack between the stack and the housing, wherein the bipolar plates comprise media ports through which the fuel flow fields can be supplied (Paragraphs 0005-0007, 0012, 0014-0016). Regarding claim 4, Schmid shows in Fig. 4 that the membrane electrode assemblies have an overhang area beyond the bipolar plates and the inner seal 110 that is placed between the bipolar plates and electrode assemblies. As to claims 5 and 6, Schmid teaches that the outer seal is sprayed onto the sides of the fuel cell stack (Paragraph 0012).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention that the bipolar plates of Klinder could have an overhang because Schmid teaches that the bipolar plates and membrane electrode assemblies commonly have edges that extend from the main surface of the plates, thus creating an overhang. It also would have been obvious to one of ordinary skill in the art that by spraying the seal onto the sides of the stack, the technique could be adjusted to fully coat or partially coat the overhang areas depending on a desired function of the seal.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klinder (DE Publication 102010011206) in view of Sato (U.S. Patent Publication 2016/0141638).
The teachings of Klinder have been discussed in paragraph 3 above.
Klinder fails to disclose that the seal material is thermoplastic urethane, ethylene propylene diene rubber or chlorobutyl rubber.
Sato discloses a fuel cell stack comprising a plurality of fuel cells held together with end plates, and seals throughout the stack that are made of ethylene propylene diene rubber (Paragraphs 0028, 0041).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention that the seals of Klinder could comprise ethylene propylene diene rubber because Sato teaches that this is a common sealant material used in a fuel cell stack for preventing leakage of materials.
Response to Arguments
Applicant’s amendments made to the claims, filed on 12/19/2025, have overcome the 35 USC 112 rejections that were presented in the last Office Action. Therefore, the rejections have been withdrawn.
Applicant’s arguments, filed 12/19/2025, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, due to the amendments made to the claims, a new ground(s) of rejection is made in view of a newly found prior art reference.
Applicants argue that Schmid fails to teach that the seal covers the entire perimeter of the fuel cell stack. The new reference, Klinder, teaches that an insulating/sealing material is formed around the circumference of the fuel cell stack. Thus, Klinder teaches that the entire outer surface of the fuel cell stack is coated in the sealing material.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITTANY L RAYMOND whose telephone number is (571)272-6545. The examiner can normally be reached Monday-Friday 9 am-6 pm.
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BRITTANY L. RAYMOND
Primary Examiner
Art Unit 1722
/BRITTANY L RAYMOND/ Primary Examiner, Art Unit 1722