Prosecution Insights
Last updated: July 17, 2026
Application No. 18/026,221

FUEL CELL ASSEMBLY AND METHOD FOR PRODUCING A FUEL CELL ASSEMBLY

Non-Final OA §102
Filed
Mar 14, 2023
Priority
Sep 25, 2020 — DE 10 2020 212 103.6 +1 more
Examiner
NEDIALKOVA, LILIA V
Art Unit
1724
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Vitesco Technologies GmbH
OA Round
3 (Non-Final)
55%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allowance Rate
240 granted / 434 resolved
-9.7% vs TC avg
Strong +22% interview lift
Without
With
+22.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
38 currently pending
Career history
481
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
80.7%
+40.7% vs TC avg
§102
7.0%
-33.0% vs TC avg
§112
2.3%
-37.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 434 resolved cases

Office Action

§102
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 15, 2026 has been entered. Claims 1 and 8 are currently amended. Claims 15-18 are newly added. Claims 1 and 4-18 are pending review in this action. The previous objection to the claims is withdrawn in light of Applicant’s corresponding amendment. New grounds of rejection necessitated by Applicant’s amendments are presented below. Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1 and 4-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pre-Grant Publication No. 2005/0095485, hereinafter Saulsbury. Regarding claim 1, Saulsbury teaches a fuel cell stack (510). The fuel cell stack (510) comprises a plurality of fuel cells (“plate-shaped components”) stacked in a stacking direction and an end plate (abstract, paragraphs [0067, 0078] and figures 4-6). The end plate has a plurality of segments (410/610 and 480/680) in a form of separate parts. Each segment (410/610 and 480/680) is a plate-shaped end plate (paragraphs [0067, 0068, 0071, 0078, 0079] and figures 4a-4c and 6). The end plate includes a first segment (480/680), which terminates the active area (530, “first functional region”) of the stack. A second segment (410/610) terminates the seal region (520, “second functional region”) of the stack. The segments (410/610 and 480/680) are configured to be individually clamped (paragraph [0077]). The first segment (480/680) is clamped via bolt (620) and the second segment (410/610) is clamped through connecting rods (615) and corresponding nuts (617) (paragraph [0078, 0079]). Clamping over the first segment (480/680) causes a first force to be exerted on the active area (530, “first functional region”) of the stack and clamping over the second segment (680) causes a second force to be exerted on the seal region (510, “second functional region”) of the stack (paragraph [0077] and figure 5). In a second embodiment, Saulsbury teaches an end plate (810 and 820). The end plate (810 and 820) has a plurality of segments (810 and 820) in a form of separate parts. Each segment (810 and 820) is a plate-shaped end plate (paragraph [0086] and figures 8a-8d). The end plate includes a first segment (810), which terminates the stack of fuel cells (“first functional region”). A second segment (820) terminates the stack of fuel cells and first segment (810) (“second functional region”). The segments (810 and 820) are configured to be individually clamped (paragraph [0088]). The first segment (810) is clamped via threaded rods (815) and corresponding nuts (817) and the second segment (820) is clamped through threaded rods (825) and corresponding nuts (827) (paragraph [0088]). Clamping over the first segment (810) causes a first force to be exerted on the “first functional region” and clamping over the second segment (820) causes a second force to be exerted on the “second functional region”. Regarding claim 4, Saulsbury teaches that the segments (410/610 and 610/680) of the end plate are arranged laterally on the end plate (paragraph [0071] and figure 4c). Regarding claim 5, Saulsbury teaches that the segments (410/610 and 610/680) of the end plate are arranged in a horizontal direction on the end plate (paragraph [0071] and figure 4c). Regarding claim 6, Saulsbury teaches that the end plate has segments that are offset (figure 4d). In the second embodiment, the segments (810 and 820) are offset (figures 8a and 8c). Regarding claim 7, Saulsbury teaches that the segments (410/610 and 610/680) of the end plate are nested (paragraph [0071]) – therefore, they engage one another during a clamping operation. In the second embodiment, the segments (810 and 820) engage one another during a clamping operation (paragraph [0089]). Regarding claim 8, Saulsbury teaches an end plate with a plurality of segments (410/610 and 480/680). Saulsbury teaches another end plate (610) at the other end of the stack that is not segmented. In the second embodiment, one end plate (810 and 820) includes a plurality of segments (810 and 820). Another end plate at the other end of the stack (810) is not segmented (figure 8a). Regarding claim 9, Saulsbury teaches in the second embodiment that the end plate (810 and 820) consists of segments (810 and 820) and is formed of an electrically insulating material (paragraphs [0061, 0086]). Regarding claim 10, Saulsbury teaches a method for producing a fuel cell stack. The method comprises stacking a plurality of fuel cells (“plate-shaped components”) in a stacking direction. The method further comprises stacking one end plate at one end of the stack in the stacking direction and stacking another end plate at the opposite end of the stack in the stacking direction (paragraphs [0015, 0059]). The end plate has a plurality of segments (410/610 and 480/680) (paragraphs [0067, 0068, 0071, 0078, 0079] and figures 4a-4c and 6). In the second embodiment, Saulsbury teaches stacking one end plate at one end of the stack in the stacking direction and stacking another end plate at the opposite end of the stack in the stacking direction (paragraph [0086] and figure 8a, 8d). Both end plates (810 and 820) have a plurality of segments (810 and 820). Regarding claim 11, Saulsbury teaches that the segments (410/610 and 480/680) are individually clamped (paragraph [0077]). In the second embodiment, the segments (810 and 820) are individually clamped (paragraph [0088]). Regarding claim 12, Saulsbury teaches that the segments (410/610 and 480/680) are subjected to different clamping forces (paragraph [0077] and figure 5). In the second embodiment, the segments (810 and 820) are subjected to different clamping forces (paragraph [0088]). Regarding claim 13, Saulsbury teaches that the first segment (480/680) is clamped via bolt (620) and the second segment (410/610) is clamped through connecting rods (615) and corresponding nuts (617) (paragraph [0078, 0079]). Therefore, the individual segments are clamped sequentially or simultaneously. In the second embodiment, the first segment (810) is clamped via threaded rods (815) and corresponding nuts (817) and the second segment (820) is clamped through threaded rods (825) and corresponding nuts (827) (paragraph [0088]). Therefore, the individual segments are clamped sequentially or simultaneously. Regarding claim 14, Saulsbury teaches that the second segment (410/610) is arranged around the periphery of the first segment (480/680) (paragraph [0071] and figure 4c). Regarding claim 15, Saulsbury teaches clamping the “first functional region” (530) over the first segment (480/680) by using a bolt (420/620), which passes through the second segment (410/610) (paragraph [0079]). Tightening the bolt (420/620) would exert a pretension on the second segment (410/610). Regarding claim 16, Saulsbury teaches that the “first functional region” (530) is the active region of the fuel cell stack (paragraph [0077]). Regarding claim 17, Saulsbury teaches that each segment is a plate-shaped end plate. The plate-shaped end plates are non-cohesive parts and are nested such that the second segment (410/610) is arranged around the periphery of the first segment (480/680) (paragraph [0071] and figure 4c). Therefore, they are arranged orthogonally to the stacking direction. Regarding claim 18, Saulsbury teaches non-cohesive parts and are nested such that the second segment (410/610) is arranged around the periphery of the first segment (480/680) (paragraph [0071] and figure 4c). Therefore, they are arranged both next to one another and in one another. Claims 1, 4-8, 10 and 12-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pre-Grant Publication No. 2018/0241067, hereinafter Xi. Regarding claim 1, Xi teaches a fuel cell stack (80). The fuel cell stack (80) comprises a plurality of fuel cells (50, “plate-shaped components”) stacked in a stacking direction and an end plate (10). The end plate (10) has a plurality of regions (“segments”) (paragraphs [0065, 0066] and figures 7A and 7B). The end plate (10) also includes a current collector (20) (paragraphs [0065, 0066] and figures 7A and 7B). The current collector (20) is a “segment”, which is plate-shaped and is positioned at the end of the stack. Therefore, it can be described as a “plate-shaped end plate”. The end plate (10) itself is a “segment”, which is a plate-shaped end plate. The current collector (20) and the end plate (10) are separate parts. The current collector (20, “first segment”) terminates the active area (94, “first functional region”) of the stack. Region (32) of the end plate (10, “ second segment”) terminates the seal region (92, “second functional region”) of the stack. The current collector (20, “first segment”) and the region (32) of the end plate (10, “second segment”) are adjacent to each other in the plane of the end plate (10) – their spatial positioning means that they are “configured to be” individually clamped in a direction orthogonal to the end plate (10). The arrangement allows clamping over the current collector (20, “first segment”) such that a first force is exerted on the active area (94, “first functional region”) and also allows for clamping over the region (32) of the end plate (10, “second segment”) such that a second force is exerted on the seal region (92, “second functional region”). Moreover, Xi’s intent is for a first force to be applied to the active area (94, “first functional region”) and a second force different from the first force to be applied to the seal region (92, “second functional region”) when the stack is compressed (paragraphs [0041, 0043, 0053]). Regarding claim 4, Xi teaches that the regions (26, 32, “segments”) of the end plate (10) are arranged laterally on the end plate (10) (figures 2-7). Regarding claim 5, Xi teaches that the regions (26, 32, “segments”) of the end plate (10) are arranged in a horizontal direction on the end plate (10) (figures 2-7). Regarding claim 6, Xi teaches that the end plate (10) includes regions (32, “segments”) that are offset from region (28, “segment”) (figures 4, 5 and 7B). Regarding claim 7, Xi teaches that the current collector (20, “first segment”) and the end plate (10, “second segment”) engage in one another when the stack is compressed. Regarding claim 8, Xi teaches that one end plate (10) is segmented. A second end plate (70) is flat (“not segmented”) (paragraphs [0065, 0066] and figures 7A and 7B). Regarding claim 10, Xi teaches a method for producing a fuel cell stack (80). The method comprises stacking a plurality of fuel cells (50, “plate-shaped components”) in a stacking direction. The method further comprises stacking one end plate (70) at one end of the stack in the stacking direction and stacking another end plate (10) at the opposite end of the stack in the stacking direction (paragraphs [0015, 0059]). The end plate (10) has a plurality of regions (“segments”) (figure 7A) (paragraphs [0060, 0065, 0066] and figures 7A and 7B). Regarding claim 12, Xi teaches that the assembly is compressed (“clamped”) and the regions (“segments”) apply different compression forces (paragraphs [0053, 0059, 0060]). The regions (“segments”) are then also subjected to different compression forces. Regarding claim 13, Xi teaches that the assembly is compressed (“clamped”) such that the regions (“segments”) are subjected simultaneously to the compression forces (paragraph [0059]). Regarding claim 14, Xi teaches that region (32) of the end plate (10, “second segment”) is arranged around a periphery of the current collector (20, “first segment”) (paragraphs [0041, 0065] and figure 2B). Regarding claim 15, Xi teaches that the current collector (20, “first segment”) is positioned adjacent to the end plate (10, “second segment”) in the clamping direction (figures 7a and 7b). Clamping the active area (94, “first functional region”) over the current collector (20, “first segment”) would exert a pretension to region (32) of the end plate (10, “second segment”). Regarding claim 16, Xi teaches that the “first functional region” (94) is the active area of the fuel cell stack (paragraph [0053]). Regarding claim 17, Xi teaches that the plate-shaped end plates comprise non-cohesive parts – current collector (20) and region (32) of the end plate (10) – arranged orthogonally to the stacking direction (figures 7a and 7b). Regarding claim 18, Xi teaches that the non-cohesive parts – current collector (20) and region (32) of the end plate (10) – are arranged next to one another (figures 7a and 7b). Response to Arguments Applicant's arguments filed on April 15, 2026 have been fully considered but they are not persuasive. Applicant argues against the Xi reference by asserting that a clamping force can only be exerted onto the current collector plate (20, “first segment”) via the end plate (10, “second segment”) and not individually. Thus, the first and second force cannot be different from each other. It is firstly noted that claim 1 does not require the first force and the second force to be different from each other. Further, claim 1 defines the first force as exerted on the first functional region and the second force as exerted on the second functional region. In Xi, the first functional region is labeled (94) and the second functional region is labeled (92). The two regions are arranged in a direction orthogonal to the direction of clamping. The current collector plate (20, “first segment”) is positioned directly above the first functional region (94). Region (32) of the end plate (10, “second segment”) is positioned directly above the second functional region (92). Xi’s assembly allows for clamping separately in two places, (see below) such that a first force is exerted on the first functional region (94) and a second (different) force is exerted on the second functional region (92). PNG media_image1.png 272 424 media_image1.png Greyscale [AltContent: arrow][AltContent: arrow] [AltContent: textbox (Figure 1 - Xi's assembly. The arrows indicate possible clamping locations.)] Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LILIA V NEDIALKOVA whose telephone number is (571)270-1538. The examiner can normally be reached 8.30 - 5.00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. LILIA V. NEDIALKOVA Examiner Art Unit 1724 /MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724
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Prosecution Timeline

Show 6 earlier events
Feb 09, 2026
Examiner Interview Summary
Mar 11, 2026
Response after Non-Final Action
Apr 15, 2026
Request for Continued Examination
Apr 18, 2026
Response after Non-Final Action
May 29, 2026
Non-Final Rejection mailed — §102
Jun 17, 2026
Interview Requested
Jun 24, 2026
Applicant Interview (Telephonic)
Jun 24, 2026
Examiner Interview Summary

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Prosecution Projections

3-4
Expected OA Rounds
55%
Grant Probability
78%
With Interview (+22.4%)
3y 4m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 434 resolved cases by this examiner. Grant probability derived from career allowance rate.

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