Prosecution Insights
Last updated: April 19, 2026
Application No. 18/090,920

FUEL CELL SEPARATOR AND FUEL CELL STACK

Final Rejection §103
Filed
Dec 29, 2022
Examiner
HANSEN, JARED A
Art Unit
1723
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Honda Motor Co. Ltd.
OA Round
2 (Final)
54%
Grant Probability
Moderate
3-4
OA Rounds
3y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allow Rate
55 granted / 101 resolved
-10.5% vs TC avg
Strong +45% interview lift
Without
With
+45.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
47 currently pending
Career history
148
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
54.6%
+14.6% vs TC avg
§102
18.0%
-22.0% vs TC avg
§112
17.8%
-22.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 101 resolved cases

Office Action

§103
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 . Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 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) 1-10 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goto US20200014041A1 in view of Tomana US20190074525A1 (cited in IDS filed 28 December 2022). Regarding claim 1, Goto discloses a fuel cell separator (Goto, Fig. 3, separator 10) comprising two metal separator plates joined to each other (Goto, [0039], Fig. 3, first separator 30, second separator 32), each of the two metal separator plates including a first surface (Goto, [0041], Fig. 3, first separator 30, face 30a; [0049], Fig. 3, second separator 32, face 32a) formed with a reactant gas flow field configured to flow a reactant gas (Goto, Fig. 3, first separator 30a, flow field 48; Fig. 3, second separator, flow field 62) which is a fuel gas (Goto, [0049]) or an oxygen-containing gas (Goto, [0041]) and a second surface (Goto, Fig. 3, surface 30b, surface 32b) formed with a coolant flow field (Goto, Fig. 3, flow field 76) configured to flow a coolant (Goto, [0058]), wherein the fuel cell separator includes a reactant gas passage (Goto, Fig. 3, passage 38a) that is formed so as to penetrate through the fuel cell separator in a separator thickness direction thereof (Goto, [0033], Fig. 3, separator 10, passage 38a, arrow A), the reactant gas passage communicating with the reactant gas flow field (Goto, [0049]), and a bead is formed on the first surface so as to protrude therefrom (Goto, [0044-0046], [0052-0054], Figs. 4-5, seal 52 and 66), the bead including a sealing bead provided in order to prevent leakage of the reactant gas (Goto, [0045-0046], Fig. 2-3, section 58c, members 60), wherein the fuel cell separator further includes an air vent passage (Goto, Fig. 3, passage 34a) that is formed so as to penetrate through the fuel cell separator in the separator thickness direction (Goto, Fig. 3, separator 10, passage 34a, arrow A), the second surface includes a connection channel (Goto, [0083], Fig. 3, communication channel 150a) formed by a recess forming a back of a protruding shape of the bead (Goto, [0062], Fig. 9, bead section 54), the air vent passage communicates with the coolant flow field via the connection channel (Goto, Fig. 3, passage 34a, flow field 76, communication channel 150a; they are in communication via the connection channel as the plate is metal), the sealing bead includes a passage sealing bead (Goto, Fig. 4, section 56) surrounding the air vent passage (Goto, Fig. 4, passage 34a, section 56), the passage sealing bead includes an outer peripheral wall and an inner peripheral wall that extend in pairs (Goto, Fig. 4, section 56, inner and outer peripheral wall of section 56), and an internal channel that is formed between the outer peripheral wall and the inner peripheral wall (Goto, Fig. 4, section 58a, inner and outer peripheral wall of section 56; section 58a is between an inner and an outer peripheral wall of section 56) and that extends so as to surround the air vent passage (Goto, [0048]), a first communication hole (Goto, Fig. 4, hole on right hand side of tunnel 104) configured to allow the internal channel of the passage sealing bead and the connection channel to communicate with each other (Goto, Figs. 3-4, section 58a, communication channel 150a; they are in communication as the plate is metal), the inner peripheral wall includes a second communication hole (Goto, Fig. 4, hole on left side of tunnel 102) configured to allow the internal channel of the passage sealing bead and the air vent passage to communicate with each other (Goto, [0071]), the first communication hole and the second communication hole are aligned with an axis of the air vent passage (Goto, Fig. 4, hole on left hand side of tunnel 102, hole on right hand side of tunnel 104, are parallel with arrow B satisfying the limitation), and the first communication hole and the second communication hole are displaced from each other in an extending direction of the internal channel (Goto, Fig. 4, hole on left hand side of tunnel 102, hole on right hand side of tunnel 104, displaced within the plane of the internal channel). Goto however does not disclose wherein the outer peripheral wall includes a first communication hole. Tomana teaches wherein the sealing bead includes a passage sealing bead surrounding the air vent passage (Tomana, [0067], Fig. 6, seals 96 a and b), the passage sealing bead includes an outer peripheral wall and an inner peripheral wall that extend in pairs (Tomana, [0068-0069], Fig. 6, 96 s1 and s2), and an internal channel that is formed between the outer peripheral wall and the inner peripheral wall and that extends so as to surround the air vent passage (Tomana, [0069], Fig. 6, unlabeled internal space of seals 96 a and b). Tomana additionally teaches wherein the inner peripheral wall includes a second communication hole (Tomana, Fig. 6, hole in channel 100 on the left hand side of seal 96) and the outer peripheral wall includes a first communication hole (Tomana, Fig. 6, hole in channel 100 on the right hand side of seal 96). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to substitute the passage sealing bead of Tomana in Goto, thereby connecting the air passage and the internal spaces (Tomana, [0073]). Regarding claim 2, modified Goto further teaches further comprising a tunnel (Goto, Fig. 4, tunnel 102) extending from the inner peripheral wall toward the air vent passage (Goto, Fig. 4, passage 34a, section 58a, tunnel 102), wherein an internal space of the tunnel communicates with the internal channel via the second communication hole (they are in communication as the plate is metal). Regarding claim 3, modified Goto also teaches wherein the air vent passage is formed so as to penetrate through each of the two metal separator plates (Goto, Fig. 3, first separator 30, second separator 32, passage 34a), but does not teach wherein the second communication hole provided in the passage sealing bead that surrounds the air vent passage is located above a center of the air vent passage in an installed state in which a fuel cell stack incorporating the fuel cell separator is installed. Tomana teaches wherein the air vent passage is formed so as to penetrate through each of the two metal separator plates (Tomana, Fig. 2, plates 30 and 32, passage 94), and the second communication hole provided in the passage sealing bead that surrounds the air vent passage (Tomana, Fig. 6, hole in channel 100 on the left hand side of seal 96, passage 94) is located above a center of the air vent passage in an installed state in which a fuel cell stack incorporating the fuel cell separator is installed (Tomana, Fig. 7, plates 30 and 32, passage 94, hole in channel 100 on the left hand side of seal 96, arrow A). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to substitute the second communication hole provided in the passage sealing bead of Tomana in Goto, thereby connecting the air passage and the internal spaces (Tomana, [0073]). Regarding claim 4, Goto as modified by Tomana above in claim 3 further teaches wherein the second communication hole provided in the passage sealing bead that surrounds the air vent passage is located at an uppermost portion of the inner peripheral wall of the passage sealing bead in the installed state (Tomana, Fig. 7, plates 30 and 32, passage 94, hole in channel 100 on the left hand side of seal 96 located at an uppermost portion of the inner peripheral wall, arrow A). Regarding claim 7, Goto discloses fuel cell stack (Goto, Fig. 1, fuel cell stack 11) comprising: a membrane electrode assembly (Fig. 2, membrane electrode assembly 28) and a fuel cell separator (Goto, Fig. 3, separator 10) comprising two metal separator plates joined to each other (Goto, [0039], Fig. 3, first separator 30, second separator 32), each of the two metal separator plates including a first surface (Goto, [0041], Fig. 3, first separator 30, face 30a; [0049], Fig. 3, second separator 32, face 32a) formed with a reactant gas flow field configured to flow a reactant gas (Goto, Fig. 3, first separator 30a, flow field 48; Fig. 3, second separator, flow field 62) which is a fuel gas (Goto, [0049]) or an oxygen-containing gas (Goto, [0041]) and a second surface (Goto, Fig. 3, surface 30b, surface 32b) formed with a coolant flow field (Goto, Fig. 3, flow field 76) configured to flow a coolant (Goto, [0058]), wherein the fuel cell separator includes a reactant gas passage (Goto, Fig. 3, passage 38a) that is formed so as to penetrate through the fuel cell separator in a separator thickness direction thereof (Goto, [0033], Fig. 3, separator 10, passage 38a, arrow A), the reactant gas passage communicating with the reactant gas flow field (Goto, [0049]), and a bead is formed on the first surface so as to protrude therefrom (Goto, [0044-0046], [0052-0054], Figs. 4-5, seal 52 and 66), the bead including a sealing bead provided in order to prevent leakage of the reactant gas (Goto, [0045-0046], Fig. 2-3, section 58c, members 60), wherein the fuel cell separator further includes an air vent passage (Goto, Fig. 3, passage 34a) that is formed so as to penetrate through the fuel cell separator in the separator thickness direction (Goto, Fig. 3, separator 10, passage 34a, arrow A), the second surface includes a connection channel (Goto, [0083], Fig. 3, communication channel 150a) formed by a recess forming a back of a protruding shape of the bead (Goto, [0062], Fig. 9, bead section 54), the air vent passage communicates with the coolant flow field via the connection channel (Goto, Fig. 3, passage 34a, flow field 76, communication channel 150a; they are in communication via the connection channel as the plate is metal), the sealing bead includes a passage sealing bead (Goto, Fig. 4, section 56) surrounding the air vent passage (Goto, Fig. 4, passage 34a, section 56), the passage sealing bead includes an outer peripheral wall and an inner peripheral wall that extend in pairs (Goto, Fig. 4, section 56, inner and outer peripheral wall of section 56), and an internal channel that is formed between the outer peripheral wall and the inner peripheral wall (Goto, Fig. 4, section 58a, inner and outer peripheral wall of section 56; section 58a is between an inner and an outer peripheral wall of section 56) and that extends so as to surround the air vent passage (Goto, [0048]), a first communication hole (Goto, Fig. 4, hole on right hand side of tunnel 104) configured to allow the internal channel of the passage sealing bead and the connection channel to communicate with each other (Goto, Figs. 3-4, section 58a, communication channel 150a; they are in communication as the plate is metal), the inner peripheral wall includes a second communication hole (Goto, Fig. 4, hole on left side of tunnel 102) configured to allow the internal channel of the passage sealing bead and the air vent passage to communicate with each other (Goto, [0071]), the first communication hole and the second communication hole are aligned with an axis of the air vent passage (Goto, Fig. 4, hole on left hand side of tunnel 102, hole on right hand side of tunnel 104, are parallel with arrow B satisfying the limitation), the first communication hole and the second communication hole are displaced from each other in an extending direction of the internal channel (Goto, Fig. 4, hole on left hand side of tunnel 102, hole on right hand side of tunnel 104, displaced within the plane of the internal channel), and wherein the fuel cell separator comprises a plurality of fuel cell separators, the membrane electrode assembly comprises a plurality of membrane electrode assemblies, and the plurality of fuel cell separators and the plurality of membrane electrode assemblies are alternately stacked (Goto, [0026], [0031], Figs. 1-2, stack 11, cells 12, separators 10, MEAs 28). Goto however does not disclose wherein the outer peripheral wall includes a first communication hole. Tomana teaches wherein the sealing bead includes a passage sealing bead surrounding the air vent passage (Tomana, [0067], Fig. 6, seals 96 a and b), the passage sealing bead includes an outer peripheral wall and an inner peripheral wall that extend in pairs (Tomana, [0068-0069], Fig. 6, 96 s1 and s2), and an internal channel that is formed between the outer peripheral wall and the inner peripheral wall and that extends so as to surround the air vent passage (Tomana, [0069], Fig. 6, unlabeled internal space of seals 96 a and b). Tomana additionally teaches wherein the inner peripheral wall includes a second communication hole (Tomana, Fig. 6, hole in channel 100 on the left hand side of seal 96) and the outer peripheral wall includes a first communication hole (Tomana, Fig. 6, hole in channel 100 on the right hand side of seal 96). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to substitute the passage sealing bead of Tomana in Goto, thereby connecting the air passage and the internal spaces (Tomana, [0073]). Regarding claim 8, modified Goto further teaches wherein the fuel cell separator further comprising a tunnel (Goto, Fig. 4, tunnel 102) extending from the inner peripheral wall toward the air vent passage (Goto, Fig. 4, passage 34a, section 58a, tunnel 102), wherein an internal space of the tunnel communicates with the internal channel via the second communication hole (they are in communication as the plate is metal). Regarding claim 9, modified Goto also teaches wherein the air vent passage is formed so as to penetrate through each of the two metal separator plates (Goto, Fig. 3, first separator 30, second separator 32, passage 34a), but does not teach wherein the second communication hole provided in the passage sealing bead that surrounds the air vent passage is located above a center of the air vent passage in an installed state in which a fuel cell stack incorporating the fuel cell separator is installed. Tomana teaches wherein the air vent passage is formed so as to penetrate through each of the two metal separator plates (Tomana, Fig. 2, plates 30 and 32, passage 94), and the second communication hole provided in the passage sealing bead that surrounds the air vent passage (Tomana, Fig. 6, hole in channel 100 on the left hand side of seal 96, passage 94) is located above a center of the air vent passage in an installed state in which a fuel cell stack incorporating the fuel cell separator is installed (Tomana, Fig. 7, plates 30 and 32, passage 94, hole in channel 100 on the left hand side of seal 96, arrow A). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to substitute the second communication hole provided in the passage sealing bead of Tomana in Goto, thereby connecting the air passage and the internal spaces (Tomana, [0073]). Regarding claim 10, Goto as modified by Tomana above in claim 9 further teaches wherein the second communication hole provided in the passage sealing bead that surrounds the air vent passage is located at an uppermost portion of the inner peripheral wall of the passage sealing bead in the installed state (Tomana, Fig. 7, plates 30 and 32, passage 94, hole in channel 100 on the left hand side of seal 96 located at an uppermost portion of the inner peripheral wall, arrow A). Regarding claim 13, Goto discloses a fuel cell separator (Goto, Fig. 3, separator 10) comprising two metal separator plates joined to each other (Goto, [0039], Fig. 3, first separator 30, second separator 32), each of the two metal separator plates including a first surface (Goto, [0041], Fig. 3, first separator 30, face 30a; [0049], Fig. 3, second separator 32, face 32a) formed with a reactant gas flow field configured to flow a reactant gas (Goto, Fig. 3, first separator 30a, flow field 48; Fig. 3, second separator, flow field 62) which is a fuel gas (Goto, [0049]) or an oxygen-containing gas (Goto, [0041]) and a second surface (Goto, Fig. 3, surface 30b, surface 32b) formed with a coolant flow field (Goto, Fig. 3, flow field 76) configured to flow a coolant (Goto, [0058]), wherein the fuel cell separator includes a reactant gas passage (Goto, Fig. 3, passage 38a) that is formed so as to penetrate through the fuel cell separator in a separator thickness direction thereof (Goto, [0033], Fig. 3, separator 10, passage 38a, arrow A), the reactant gas passage communicating with the reactant gas flow field (Goto, [0049]), and a bead is formed on the first surface so as to protrude therefrom (Goto, [0044-0046], [0052-0054], Figs. 4-5, seal 52 and 66), the bead including a sealing bead provided in order to prevent leakage of the reactant gas (Goto, [0045-0046], Fig. 2-3, section 58c, members 60), wherein the fuel cell separator further includes a coolant drain passage (Goto, Fig. 3, passage 36b) that is formed so as to penetrate through the fuel cell separator in the separator thickness direction (Goto, Fig. 3, separator 10, passage 36b, arrow A), the second surface includes a connection channel (Goto, [0083], Fig. 3, communication channel 150a) formed by a recess forming a back of a protruding shape of the bead (Goto, [0062], Fig. 9, bead section 54), the coolant drain passage communicates with the coolant flow field via the connection channel (Goto, [0088], Fig. 3, passage 36b, flow field 76, communication channel 150a), the sealing bead includes a passage sealing bead (Goto, Fig. 4, section 56) surrounding the coolant drain passage (Goto, Fig. 4, passage 36b, section 56), the passage sealing bead includes an outer peripheral wall and an inner peripheral wall that extend in pairs (Goto, Fig. 4, section 56, inner and outer peripheral wall of section 56), and an internal channel that is formed between the outer peripheral wall and the inner peripheral wall (Goto, Fig. 4, section 58f, inner and outer peripheral wall of section 56; section 58f is between an inner and an outer peripheral wall of section 56) and that extends so as to surround the coolant drain passage (Goto, [0048]), a first communication hole (Goto, Fig. 4, hole on right hand side of projection 150) configured to allow the internal channel of the passage sealing bead and the connection channel to communicate with each other (Goto, Figs. 3-4, section 58f, communication channel 150a; they are in communication as the plate is metal), a second communication hole (Goto, Fig. 4, hole on left side of projection 150) configured to allow the internal channel of the passage sealing bead and the coolant drain passage to communicate with each other (they are in communication as the plate is metal), the first communication hole and the second communication hole are aligned with an axis of the air vent passage (Goto, Fig. 4, hole on left hand side of projection 150, hole on right hand side of projection 150, are parallel with arrow B satisfying the limitation), and the first communication hole and the second communication hole are displaced from each other in an extending direction of the internal channel (Goto, Fig. 4, hole on left hand side of projection 150, hole on right hand side of projection 150, displaced within the plane of the internal channel). Goto however does not disclose wherein the outer peripheral wall includes a first communication hole, the inner peripheral wall includes a second communication hole. Tomana teaches wherein the sealing bead includes a passage sealing bead surrounding the coolant drain passage (Tomana, [0077], Fig. 8, seal 99 a and b), the passage sealing bead includes an outer peripheral wall and an inner peripheral wall that extend in pairs (Tomana, [0080-0081], Fig. 8, 99 s1 and s2), and an internal channel that is formed between the outer peripheral wall and the inner peripheral wall and that extends so as to surround the coolant drain passage (Tomana, [0081], Fig. 8, unlabeled internal space of seals 99a and b). Tomana additionally teaches wherein the inner peripheral wall includes a second communication hole (Tomana, Fig. 8, hole in channel 108 on the left hand side of seal 99) and the outer peripheral wall includes a first communication hole (Tomana, Fig. 8, hole in channel 108 on the right hand side of seal 99). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to substitute the passage sealing bead of Tomana in Goto, thereby connecting the air passage and the internal spaces (Tomana, [0083]). Regarding claim 5, modified Goto teaches wherein the coolant drain passage is formed so as to penetrate through each of the two metal separator plates (Goto, Fig. 3, first separator 30, second separator 32, passage 36b) but does not teach wherein the second communication hole provided in the passage sealing bead that surrounds the coolant drain passage is located below a center of the coolant drain passage in an installed state in which a fuel cell stack incorporating the fuel cell separator is installed. Tomana teaches wherein the coolant drain passage is formed so as to penetrate through each of the two metal separator plates (Tomana, Fig. 2, plates 30 and 32, passage 36b), and the second communication hole provided in the passage sealing bead that surrounds the coolant drain passage is located below a center of the coolant drain passage in an installed state in which a fuel cell stack incorporating the fuel cell separator is installed (Tomana, [0079]). Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the second communication hole of Tomana in Goto, thereby connecting the air passage and the internal spaces (Tomana, [0083]). Regarding claim 6, Goto as modified above by Tomana in claim 5 additionally teaches wherein the second communication hole provided in the passage sealing bead that surrounds the coolant drain passage is located at a lowermost portion of the inner peripheral wall of the passage sealing bead in the installed state (Tomana, [0079]). Response to Arguments Applicant’s arguments with respect to claim(s) 1 and 7 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Horiguchi JP2004192996A (discloses a separator wherein the oxygen and coolant are in fluid communication with one another). 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 JARED HANSEN whose telephone number is (571)272-4590. The examiner can normally be reached 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, Tiffany Legette can be reached at 571-270-7078. 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. /JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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Prosecution Timeline

Dec 29, 2022
Application Filed
Oct 06, 2025
Non-Final Rejection — §103
Jan 09, 2026
Examiner Interview Summary
Jan 09, 2026
Applicant Interview (Telephonic)
Jan 20, 2026
Response Filed
Mar 12, 2026
Final Rejection — §103 (current)

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