Prosecution Insights
Last updated: April 19, 2026
Application No. 18/042,805

FUEL CELL STACK

Non-Final OA §102§112§Other
Filed
Feb 24, 2023
Examiner
ALEJANDRO, RAYMOND
Art Unit
1752
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Cellcentric GmbH & Co. Kg
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
3y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
913 granted / 1153 resolved
+14.2% vs TC avg
Strong +22% interview lift
Without
With
+22.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
55 currently pending
Career history
1208
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
36.6%
-3.4% vs TC avg
§102
27.8%
-12.2% vs TC avg
§112
24.1%
-15.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1153 resolved cases

Office Action

§102 §112 §Other
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 . Election/Restrictions Applicant’s election without traverse of Group I, Species I-A-1, Species I-B-1 and I-C-1 (i.e., claims 1-2, 5-6, 8 and 11-12) in the replies filed on 12/29/25 and 10/14/25 is acknowledged. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 02/24/23 and 06/26/23 was considered by the examiner. Drawings The drawings were received on 02/24/23. Specification The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use. Arrangement of the Specification As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading: (a) TITLE OF THE INVENTION. (b) CROSS-REFERENCE TO RELATED APPLICATIONS. (c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT. (d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT. (e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM. (f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR. (g) BACKGROUND OF THE INVENTION. (1) Field of the Invention. (2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98. (h) BRIEF SUMMARY OF THE INVENTION. (i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S). (j) DETAILED DESCRIPTION OF THE INVENTION. (k) CLAIM OR CLAIMS (commencing on a separate sheet). (l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet). (m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system. Content of Specification (a) TITLE OF THE INVENTION: See 37 CFR 1.72(a) and MPEP § 606. The title of the invention should be placed at the top of the first page of the specification unless the title is provided in an application data sheet. The title of the invention should be brief but technically accurate and descriptive, preferably from two to seven words. It may not contain more than 500 characters. (b) CROSS-REFERENCES TO RELATED APPLICATIONS: See 37 CFR 1.78 and MPEP § 211 et seq. (c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT: See MPEP § 310. (d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT. See 37 CFR 1.71(g). (e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM: The specification is required to include an incorporation-by-reference of electronic documents that are to become part of the permanent United States Patent and Trademark Office records in the file of a patent application. See 37 CFR 1.77(b)(5) and MPEP § 608.05. See also the Legal Framework for Patent Electronic System posted on the USPTO website (https://www.uspto.gov/sites/default/files/documents/2019LegalFrameworkPES.pdf) and MPEP § 502.05 (f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR. See 35 U.S.C. 102(b) and 37 CFR 1.77. (g) BACKGROUND OF THE INVENTION: See MPEP § 608.01(c). The specification should set forth the Background of the Invention in two parts: (1) Field of the Invention: A statement of the field of art to which the invention pertains. This statement may include a paraphrasing of the applicable U.S. patent classification definitions of the subject matter of the claimed invention. This item may also be titled “Technical Field.” (2) Description of the Related Art including information disclosed under 37 CFR 1.97 and 37 CFR 1.98: A description of the related art known to the applicant and including, if applicable, references to specific related art and problems involved in the prior art which are solved by the applicant’s invention. This item may also be titled “Background Art.” (h) BRIEF SUMMARY OF THE INVENTION: See MPEP § 608.01(d). A brief summary or general statement of the invention as set forth in 37 CFR 1.73. The summary is separate and distinct from the abstract and is directed toward the invention rather than the disclosure as a whole. The summary may point out the advantages of the invention or how it solves problems previously existent in the prior art (and preferably indicated in the Background of the Invention). In chemical cases it should point out in general terms the utility of the invention. If possible, the nature and gist of the invention or the inventive concept should be set forth. Objects of the invention should be treated briefly and only to the extent that they contribute to an understanding of the invention. (i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S): See MPEP § 608.01(f). A reference to and brief description of the drawing(s) as set forth in 37 CFR 1.74. (j) DETAILED DESCRIPTION OF THE INVENTION: See MPEP § 608.01(g). A description of the preferred embodiment(s) of the invention as required in 37 CFR 1.71. The description should be as short and specific as is necessary to describe the invention adequately and accurately. Where elements or groups of elements, compounds, and processes, which are conventional and generally widely known in the field of the invention described, and their exact nature or type is not necessary for an understanding and use of the invention by a person skilled in the art, they should not be described in detail. However, where particularly complicated subject matter is involved or where the elements, compounds, or processes may not be commonly or widely known in the field, the specification should refer to another patent or readily available publication which adequately describes the subject matter. (k) CLAIM OR CLAIMS: See 37 CFR 1.75 and MPEP § 608.01(m). The claim or claims must commence on a separate sheet or electronic page (37 CFR 1.52(b)(3)). Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. There may be plural indentations to further segregate subcombinations or related steps. See 37 CFR 1.75 and MPEP 608.01(i) - (p). (l) ABSTRACT OF THE DISCLOSURE: See 37 CFR 1.72 (b) and MPEP § 608.01(b). The abstract is a brief narrative of the disclosure as a whole, as concise as the disclosure permits, in a single paragraph preferably not exceeding 150 words, commencing on a separate sheet following the claims. In an international application which has entered the national stage (37 CFR 1.491(b)), the applicant need not submit an abstract commencing on a separate sheet if an abstract was published with the international application under PCT Article 21. The abstract that appears on the cover page of the pamphlet published by the International Bureau (IB) of the World Intellectual Property Organization (WIPO) is the abstract that will be used by the USPTO. See MPEP § 1893.03(e). (m) SEQUENCE LISTING: See 37 CFR 1.821 - 1.825 and MPEP §§ 2421 - 2431. The requirement for a sequence listing applies to all sequences disclosed in a given application, whether the sequences are claimed or not. See MPEP § 2422.01. Applicant is reminded of the proper language and format for an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” “The invention relates to”, etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. It does not appear to capture the essence of the disclosed/claimed invention. 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 1-2, 5-6, 8 and 11-12 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 side" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites the limitation "the at least three sections" in line 6. There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites the limitation "the same external geometry" in line 6. There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites the limitation "the inflowing gas" in line 9. There is insufficient antecedent basis for this limitation in the claim. Claim 2 recites the limitation "the flow plates" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 6 recites the limitation "the flow plates" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 11 recites the limitation "the connection openings" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Claim 11 recites the limitation "the media" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 11 recites the limitation "the sections" in line 3. There is insufficient antecedent basis for this limitation in the claim. 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, 5-6, 8 and 11-12 are rejected under 35 U.S.C. 102a1 as being anticipated by the publication WO 2020/083533 (heretofore WO’533). As to claims 1, 8, 11: WO’533 discloses that it is known in the art to make an integrated fuel cell system including a fuel cell stack 1 comprising a plurality of stacked fuel cell units (i.e., electrochemical cell units); a humidifying section/component 6 facing away from the fuel cell units; a plurality of flow field frames/plates 8, between each of which a humidifier membrane 9 is arranged; a plurality of cooling flow field frames/plates 10, which are formed identically (i.e., same geometry) to the flow field frames 8 (i.e., the conductive foils, see Figure 11) and between each of which a separating plate 11 is arranged, forming an integrated charge air cooler 5 (a heat exchanging section/component) (Abstract; see Figures 2-3, 6-7 & 11). Examiner’s note: in this case, WO’533 readily envisions three sections including the heat exchanging section/component, the humidifying section/component and the fuel cell stack (electrochemical cell units). Figures 2-3, 6-7 & 11, infra, depict the arrangement of the fuel cell stack/system: PNG media_image1.png 422 322 media_image1.png Greyscale PNG media_image2.png 524 580 media_image2.png Greyscale PNG media_image3.png 336 396 media_image3.png Greyscale PNG media_image4.png 478 408 media_image4.png Greyscale PNG media_image5.png 406 340 media_image5.png Greyscale As to claim 2: Figure 7 of WO’533 illustrates a section of the plurality of cooling flow field frames/plates where flow occurs in parallel therethrough. Figure 3 also illustrates a compressing air supply section 3 being fed into the fuel cell system (i.e., cathode section) through humidifying section/component 6. As to claims 5 and 12: WO’533 teaches the humidifying section/component 6 facing away from the fuel cell units and a plurality of flow field frames/plates 8, between each of which a humidifier membrane 9 is arranged (Abstract; see Figures 2 & 6). As to claim 6: WO’533 teaches a plurality of cooling flow field frames/plates 10, which are formed identically (i.e., same geometry) to the flow field frames 8 (i.e., the conductive foils, see Figure 11) and between each of which a separating plate 11 is arranged, forming an integrated charge air cooler 5 (a heat exchanging section/component) (Abstract; see Figures 2-3, 6-7 & 11). Thus, the present claims are anticipated. (at least) Claim 1 is rejected under 35 U.S.C. 102a1 as being anticipated by Voss et al 6106964. As to claim 1: Voss et al disclose that it is known in the art to make an integrated air-cooled fuel cell system including a fuel cell stack comprising a plurality of stacked fuel cell units (i.e., electrochemical cell units); a combined heat and humidity exchanger (CHHE) comprising a supply stream chamber, an exhaust stream chamber and a water permeable membrane separating the two chambers facing away from the fuel cell unit (Abstract; COL 4, lines 4-25; COL 5, lines 4-25) wherein the CHHE may be connected to a fuel cell stack or may be connected to a single fuel cell or a plurality of fuel cells; and the CHHE is of a plate and frame type, or a multiple plate and frame design (i.e., encompassing fluid flow plates/foils) (COL 5, lines 60-COL 6, line 10; COL 10, lines 16-27). Voss et al teach that the CHHE can comprise flow channels for the supply and exhaust streams; and the heat and humidity exchanger is used for gaseous oxidant stream (i.e., air), and a CHHE is used to humidify and adjust the temperature of an air stream supplied to the fuel cell (COL 6, lines 21-29; COL 7, lines 13-45; COL 10, lines 28-55). Voss et al disclose the plate and frame structure of the CHHE (COL 11, lines 10-50); and the multiple plate and frame stack (COL 11, line 51-COL 12, line 15). Figures 1-2 and 4-5, infra, show the arrangement of the fuel cell stack/system including the combined heat and humidity exchanger: PNG media_image6.png 298 320 media_image6.png Greyscale PNG media_image7.png 290 430 media_image7.png Greyscale PNG media_image8.png 456 564 media_image8.png Greyscale PNG media_image9.png 292 402 media_image9.png Greyscale Thus, the present claims is anticipated. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND ALEJANDRO whose telephone number is (571)272-1282. The examiner can normally be reached Monday-Thursday (8:00 am-6:30 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, Nicholas A. Smith can be reached at (571) 272-8760. 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. /RAYMOND ALEJANDRO/ Primary Examiner Art Unit 1752
Read full office action

Prosecution Timeline

Feb 24, 2023
Application Filed
Mar 22, 2026
Non-Final Rejection — §102, §112, §Other (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
99%
With Interview (+22.5%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 1153 resolved cases by this examiner. Grant probability derived from career allow rate.

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