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Claims 8-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/28/2025. Applicant makes no argument for why the restriction requirement was erroneous, instead stating general disagreement reserving the right to later assert lack of distinctiveness of the claims. Such a generic statement does not constitute traversal. If allowable subject matter is found in a generic claim, then rejoinder will may be considered.
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 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 circulation ducts” without antecedent basis. It is unclear which of the previously recited ducts this term is meant to refer back to. Additionally, claim 1 recites “the control valves” without antecedent basis where it is unclear which of the multiple previously recited “valves” the term might be meant to refer back to.
Claim 2 recites “the ducts for circulating the heat transfer fluid for the pre-heating of the fuel cell and for the cooling of the fuel cell” without antecedent basis. Claim 1 recites ducts for circulating a heat transfer fluid, but does not recite any ducts for pre-heating or cooling the fuel cell.
Claim 4 recites “proton exchange membrane high temperature” which is unclear for two reasons. First, the term “high temperature” is relative. Second, it is unclear what the term “high temperature” is meant to modify.
Claim 5 recites “the valves for controlling at least one of the n intermediate plates” without antecedent basis. Claim 5 further recites “the intermediate plate” without antecedent basis. Claim 1 recites “n intermediate plates”. Even considering claim 5’s previous recitation of “at least one of the n intermediate plates”, this does not provide antecedent basis for “the intermediate plate”.
It is noted that while claim 6 recites “a circuit for circulating the heat transfer fluid” and claim 7 recites “the heat transfer fluid circulation circuit”, and Applicant is encouraged to amend the language of claim 7 to ‘the circuit for circulating the heat transfer fluid” the Office does not find a lack of antecedent basis in this instant. That is because unlike the issues noted above, here there is a previously recited circuit, and only one previously recited circuit, that the person of ordinary skill in the art at the time of invention would unambiguously understand the term “the circuit for circulating the heat transfer fluid” to refer back to.
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) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2009/0181269 to Unoki (“Unoki”) in view of U.S. Patent Application Publication No. 2017/0324105 to Braillard (“Braillard”). Regarding claims 1, 3 and 5, Unoki discloses a fuel cell stack including, in order, a first end plate (71), a stacked plurality of first unit cells (110), a first intermediate collector plate (52), a stacked plurality of second unit cells (210), a second intermediate collector plate (53) a stacked plurality of third unit cells (310) and a second end plate (70).
Regarding the first and second end plates (71 and 70), the first end plate (71) includes through-holes 172I and 272I corresponding to anode gas (fuel) inlets; 173I and 273I corresponding to cathode gas (oxidant) inlets, and 174I and 274I corresponding to heat transmission medium inlets. Id. at Paragraph [0210] and Figure 1. Each through hole includes a corresponding valve to control flow therethrough. Thus, the first end plate (71) is considered to correspond to the recited inlet end plate with the through holes corresponding to the recited ducts. The second end plate (70) includes through holes 72E, 73E, and 74E corresponding respectively to anode gas outlet, cathode gas outlet, and heat exchange medium outlet. Id. Each of those through holes also includes a corresponding valve to control flow therethrough. Thus, the second end plate (70) is considered to correspond to the recited outlet end plate with the through holes corresponding to the recited ducts.
The first and second intermediate collector plates (52 and 53) are considered to correspond to the recited n-intermediate plates with n = 2, and each of the stacked plurality of first unit cells (substack P), the stacked plurality of second unit cells (substack Q), and the stacked plurality of third unit cells (substack R) is considered to correspond to a substack, resulting in the recited n+1 substacks of the stack. Unoki at paragraphs [0191], [0192] and Figure 1.
The first intermediate collector plate (52) includes through holes 152I, 252I and 52E for anode gas passage; through holes 153I, 253I and 53E for cathode gas passage; and through holes 154I, 254I and 54E for heat exchange medium passage. Id. at paragraphs [0266]-[0276] and Figure 10. Similarly, the second intermediate collector plate (53) includes through holes 152I and 52E for anode gas passage; through holes 153I and 53E for cathode gas passage, and through holes 154I and 54E for heat transmission medium passage. Id. at paragraphs [0294] and [0295] and Figure 11. Those recited through holes are considered to correspond to the recited ducts.
Each intermediate collector plate (52 and 53) includes on-off units for controlling anode gas supply (182I and 282I); on-off units for controlling cathode gas supply (183I and 282I), and on-off units for controlling heat transmission medium inlet (184I and 284I). Id. at paragraphs [0194]-[0196] and Figs. 10 and 11. These on-off units are valve assemblies, including at least a shaft and rotation component connected to the shaft that are external to the collector plate. Id. at Paragraphs [0279] and [0285] and Figures 10 and 11.
In operation, the various control valves and the separate 17x and 27x inlet portions for each of anode, cathode, and heat transmission medium allow for an operation mode where each of those three materials are provided only to substack Q (m = 1). Id. at paragraph [0310].
Regarding the individual cells, each is a polymer electrolyte fuel cell having an ion-conductive polymer electrolyte membrane having an anode on one side thereof and a cathode on the other side thereof. Id. at paragraph [0234]. At the anode, hydrogen gas (fuel) is converted into protons that traverse the polymer electrolyte membrane (i.e., proton conduction) to combine with oxygen as oxidant in the cathode and form water.
Unoki is silent regarding whether individual cells are separated by a bipolar plate. Nonetheless, use of a bipolar plate as an efficient way to connect the fuel cells of a fuel cell stack in series to allow for high current output was commonly known and in accordance with the manner in which adjacent cells of each substack are arranged in Unoki. Braillard at paragraph [0004] discussing common fuel cell arrangements. Thus, the Office finds use of a bipolar plate for separating adjacent cells in each of the substacks of Unoki amounts to nothing more than the obvious use of a commonly known structure for its intended purpose of efficiently physically separating adjacent cells while providing series electrical connection.
Further regarding claim 2, Unoki discloses that the heat transmission medium supply manifold circuit is used in certain pre-heating operations and may also be used with cooling water. Id. at paragraphs [0037] and [0301].
Further regarding claim 4, it is noted that the membrane of Unoki is configured to operate at elevated catalytic reaction temperature, and thus considered to necessarily be a high temperature membrane since it is capable of operating at elevated temperature.
Further regarding claim 6, the various manifolds of Unoki connecting the heat transmission medium inlets on end plate (71) to the heat transmission medium outlet on end plate (70), the anode gas inlets on end plate (71) to the anode gas outlet on end plate (70), and the cathode gas inlets on end plate (71) to the cathode gas outlet on end plate (70) are considered to correspond to the recited circuit for circulating heat transfer fluid, circuit for circulating fuel, and circuit for circulating oxidant respectively. Unoki discloses that its fuel cell is configured to generate power to be output to external systems, but does not expressly disclose that this circuit includes an energy storage device. Nonetheless, known applications for the power generating by fuel cells includes energy storage that allows the energy to be used at a later time when fuel cell operation is not optimal and thus inclusion of energy storage in that circuit is considered obvious.
Further regarding claim 7, Unoki discloses included temperature sensors for determining the temperature of the heat transmission fluid and a need to control the temperature thereof, but is silent regarding inclusion of a heat exchanger for heating and a heat exchanger for cooling. Nonetheless, heat exchangers are common means of adjusting the temperature of a heat transmission fluid and thus inclusion of one for heating and one for heating of the heat transmission fluid of Unoki is considered to be nothing more than the obvious use of a known structure for its intended purpose to achieve a taught need in a predictable manner.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WYATT P MCCONNELL whose telephone number is (571)270-7531. The examiner can normally be reached 9am to 5pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at 571-272-1330. 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.
/WYATT P MCCONNELL/Examiner, Art Unit 1727 Any inquiry concerning this communication or earlier communications from the examiner should be directed to WYATT P MCCONNELL whose telephone number is (571)270-7531. The examiner can normally be reached 9am to 5pm M-F.
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, Barbara Gilliam can be reached at 571-272-1330. 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.
/WYATT P MCCONNELL/Examiner, Art Unit 1727