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 .
Election/Restrictions
Claims 11-12 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/17/2025.
Applicant’s election without traverse of Group I (claims 1-10) in the reply filed on 12/17/2025 is acknowledged.
Claim Objections
Claim 1 is objected to because of the following informalities: Claim 1 line 17 states “the stacking direction z,” the “z” should be removed as it was removed above. 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.
Claim 4 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.
Regarding claim 4, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
Claims 1-6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhao (CN 108346814), and further in view of Ishida (US 2018/0040907).
As to claim 1, Zhao discloses a fuel cell stack (page 1 and 2, discussed throughout), having fuel cells which are stacked in a stacking direction and each of which has a plate-shaped form and extends in a first transverse direction and a second transverse direction, orthogonal to the first, as viewed orthogonally in relation to the stacking direction, wherein, in the stacking direction (figure 3 and page 4, discussed throughout), and end plates at either end of the stack in the stacking direction (figure 3, #2 and 3, page 4, discussed throughout), wherein, on the side of the stack, belt receptacles are mounted on the end plates (figures 3 #7 and 8, page 4, discussed throughout), and belts are mounted over the belt receptacles such that they clamp the stack (figures 1-3 #4 and 5, page 4, discussed throughout).
Zhao is silent to wherein, the fuel cells have a stack of the following: an anode-side bipolar half-plate with a fuel channel structure for conducting a fuel, an anode-side gas diffusion layer, a membrane-electrode unit, having an electrolyte membrane and electrode layers which are arranged on either side of said electrolyte membrane in the stacking direction and form an anode and a cathode for an electrochemical reaction of the fuel with an oxidizing agent, a cathode-side gas diffusion layer, a cathode-side bipolar half-plate with an oxidizing agent channel structure for conducting the oxidizing agent.
Ishida discloses a fuel cell stack ([0008], discussed throughout), wherein the fuel cells have a stack of the following: an anode-side bipolar half-plate with a fuel channel structure for conducting a fuel (figures 3, 8 and 9, the anode side of the metal separator #33, wherein the anode is #42, discussed throughout), an anode-side gas diffusion layer (figures 3, 8 and 9 #42b, [0035], discussed throughout), a membrane-electrode unit (figures 3, 8 and 9 #40, 42a and 44a, [0035]-[0037], discussed throughout), having an electrolyte membrane (figures 3, 8 and 9 #40, [0036], discussed throughout) and electrode layers which are arranged on either side of said electrolyte membrane in the stacking direction and form an anode and a cathode for an electrochemical reaction of the fuel with an oxidizing agent (figures 3, 8 and 9 #42a for the anode and #44a for the cathode, [0035]-[0037], discussed throughout), a cathode-side gas diffusion layer (figures 3, 8 and 9 #44b, [0035]-[0037], discussed throughout), a cathode-side bipolar half-plate with an oxidizing agent channel structure for conducting the oxidizing agent (figures 3, 8 and 9 the cathode side of the second metal separator #30, discussed throughout). It would have been obvious to one of ordinary skill within the art the time of the effective filling date of the invention to use the stacking structure from Ishida within Zhao because leaking of the reactant and the coolant is prevented ([0006], Ishida).
As to claim 2, modified Zhao discloses wherein, at least one belt receptacle is displaceable in the stacking direction (figures 1-3 #7 or 8, discussed throughout).
As to claim 3, modified Zhao discloses wherein, the belt receptacles have a circular shape, or an ellipsoidal shape, or a semicircular shape (figures 1-3 #7 or 8, discussed throughout).
As to claim 4, modified Zhao discloses wherein, the belt is guided over a belt receptacle on a first end plate and over a belt receptacle on a second end plate such that the belt borders most, in particular more than 50%, more than 60%, or more than 70%, of the lateral surface of the fuel cell stack in a lateral plan view of a side surface of the fuel cell stack (figures 1-3). Als the claim is subjected to 112 and the term “most” is placed under “50%” the figures discloses the instant claimed limitation. However, in an effort to expedite prosecution. 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 increase the width of the belts as a mere change in shape baring and criticality or unexpected results (see MPEP 2144.04).
As to claim 5, modified Zhao discloses wherein, the belt receptacles all have the same shape (figures 1-3, in this instant just #8 or #7 are the belt receptacles, thus the claim limitation is meet).
As to claim 6, modified Zhao discloses wherein, the belt receptacles have different shapes (figures 1-3, in this instant just #8 and #7 are the belt receptacles, thus the claim limitation is meet).
As to claim 10, modified Zhao discloses wherein, multiple belt pairs are mounted and the belts in pairs have different properties (figures 1-4, the belts on the ends have a different shape and would have a different length because of the belt receptacles and thus have different properties).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over modified Zhao as applied to claim 1 above, and further in view of Gagliardo (US 2018/0198141).
As to claim 7, modified Zhao is wherein, the end plates consist of the same material as the bipolar plates. However, modified Zhao discloses wherein the bipolar plates are made of stainless steel ([0030]). Gagliardo discloses a fuel cell ([0003]) wherein the end plates and the bipolar plates are made of stainless steel ([0003]). 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 end plate material from Gagliardo within modified Zhao as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143 I).
As to claim 8, modified Zhao discloses wherein, in the case of each fuel cell, the intermediate region of the anode-side bipolar half-plate and/or the intermediate region of the cathode-side bipolar half-plate has a projection protruding in the stacking direction (figures 3, 8 and 9, Ishida, the portions making the coolant passages can be considered a projection protruding in the stacking direction).
Modified Zhao is silent to wherein the end plates consist of electrically conductive material. Gagliardo discloses a fuel cell ([0003]) wherein the end plates are made of stainless steel ([0003]). 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 end plate material from Gagliardo within modified Zhao as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143 I).
Claim 9 are rejected under 35 U.S.C. 103 as being unpatentable over modified Zhao as applied to claim 1 above, and further in view of Ophardt (US 2017/0110750).
As to claim 9, modified Zhao is silent to wherein, the end plates consist of an electrically non-conductive material. Ophardt discloses a fuel cell (abstract) wherein the end plates are made of an electrically non-conductive material ([0061]). 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 end plate material from Ophardt within modified Zhao as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143 I).
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