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 .
This is a final office action in response to Applicant’s remarks and amendments filed on 14 July 2026. Claim 1 is currently amended. Claims 19-22 are newly added. Claims 1 and 4-22 are pending review in this action.
New grounds of rejection necessitated by Applicant’s amendments are presented below.
Claim Rejections - 35 USC § 112(b)
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 and 4-22 are 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.
Claim 1 recites the limitation “the at least one first segment and the at least one second segment are not connected to one another”.
It is not clear exactly what structure is intended to be described by this limitation and what meaning applicant intends for the words “not connected” to impart. The specification describes the segments as “not being fixedly connected” (paragraph [0011]). This is a narrower description than what appears in claim 1 and raises the possibility of a new matter situation. (One might argue that just by virtue of the segments’ mutual arrangement to form the end plate, they are in fact “connected”).
Applicant’s arguments suggest that the limitation was added in an attempt to overcome the Salisbury reference. Applicant argues that Salisbury’s first segment (480/680) and second segment (410/610) are “connected to one another”. In Salisbury, the first segment and the second segment may be in either direct physical contact or in physical contact via a bolt. As such, there is a possibility that applicant is attempting to exclude physical contact between the segments and that “not connected” is intended to mean some form of “not in contact”.
However, dependent claims 7 and 15 require that the segments engage with one another during clamping, which suggests either direct contact between the segments or contact via another element. This would indicate that physical contact is not intended to be excluded.
As such, in light of the instant dependent claims, instant specification and arguments, it is remains unclear what the intended meaning of “not connected to one another” is.
For the purposes of examination and in view of the specification, the limitation is interpreted to have been intended to use the exact language of the specification and thus to read: “the at least one first segment and the at least one second segment are not fixedly connected to one another.”
Claim 9 is 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.
Claim 9 recites the limitation “the end plate consists of metal or of a material is electrically non-conductive” (lines 2-3).
Claim 9 previously recites “the at least one end plate”. Claim 9 also depends on claim 1. Claim 1 describes each segment as being “a plate-shaped end plate”.
There is potential ambiguity as to which feature the limitation “the end plate” on line 2 is referring to.
For the purposes of examination, either interpretation will be considered to meet the claim.
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 4-22 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 (paragraphs [0077, 0078]).
The first segment (480/680) is received within a recess of the second segment (410/610) (paragraph [0071] and figure 4c). The first segment (480/680) and second segment (410/610) are not fixedly connected to one another.
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).
The first force exerted by the bolt (620) on the active area (530, “first functional region”) is independent of the second force exerted by the connecting rods (615) on the seal region (510, “second functional region”).
Similarly, the second force exerted by the connecting rods (615) on the seal region (510, “second functional region”) is independent of the first force exerted by the bolt (620) on the active area (530, “first 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).
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.
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.
Regarding claim 9, Saulsbury teaches that the end plate (410) consists of electrically insulating material (paragraph [0067]).
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).
Regarding claim 11, Saulsbury teaches that the segments (410/610 and 480/680) are individually clamped (paragraph [0077]).
Regarding claim 12, Saulsbury teaches that the segments (410/610 and 480/680) are subjected to different clamping forces (paragraph [0077] and figure 5).
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.
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.
Regarding claim 19, Saulsbury teaches that the first force and the second force are different from one another (paragraph [0077] and figure 5).
Regarding claim 20, in Saulsbury’s arrangement the first segment (480/680) and the second segment (410/610) are capable of moving separately towards a center of the fuel cell stack.
Regarding claim 21, in Saulsbury’s arrangement the first segment (480/680) and the second segment (410/610) are capable of moving relative to each other in the stacking direction.
Regarding claim 22, in Saulsbury’s arrangement the first segment (480/680) and the second segment (410/610) are in partial mechanical contact.
Response to Arguments
Applicant may wish to consider amending claim 1 to include that both segments are exposed on a surface of the end plate opposite the fuel cell stack as shown in figure 1.
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 LILIA V NEDIALKOVA whose telephone number is (571)270-1538. The examiner can normally be reached 8.30 - 5.00 PM.
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LILIA V. NEDIALKOVA
Examiner
Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724
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