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 .
Response to Arguments
Applicant's reply filed 12/2/2025 includes amendments and corresponding arguments. Applicant’s amendments have resolved all Claim Objections set forth in the previous action for minor informalities. Applicant has added new Claims 18-20, and amended Claims 1 and 2 to include the limitation “wherein a gasket is disposed between the intermediate substrate and the first member.”
Applicant’s amendment establishes the fuel cell further comprises a gasket, which is a separate structure from the intermediate substrate. Applicant also argues the following (see top of page 6):
More specifically, the Examiner alleges that Selcuk discloses an intermediate substrate as "electrically non-conductive structure, gasket 5" and points to gasket 5 as satisfying the gasket limitation.
Applicant respectfully submits that claim 1 as amended requires both an intermediate substrate and a separate gasket disposed between the intermediate substrate and the first member.
This creates a three-component structure where the gasket is a distinct element from the intermediate substrate.
However, the Examiner's analysis conflates these two separate structural elements by identifying gasket 5 in Selcuk as both the intermediate substrate and the gasket. The Examiner cannot use the same structural element (gasket 5) to satisfy two distinct claim limitations that require separate components.
In response to Applicant’s statements in bold text above, the previously-examined claims did not recite the claimed fuel cell comprises a gasket, and the Examiner’s rejection did not “point[s] to gasket 5 as satisfying the gasket limitation.” Applicant is arguing a limitation that the Examiner had neither commented on nor “analyzed” in the previous action.
After an updated search and consideration of the amended claims, Examiner has determined
before the effective filing date of the present invention, the claimed gasket was disclosed in the art by Lunt et al., US 20190027773 A1 (see enclosed PTO-892).
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.
Claim 15 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 15 recites “The fuel cell according to claim 1, wherein the hollow portions are formed in both between the first member and the unit cell and between the second member and the unit cell.” The recitation “the hollow portions” lacks antecedent basis. Claim 1, from which Claim 15 depends, only recites a singular hollow portion (Claim 1, lines 10-12: “a hollow portion formed between at least one of the first member and the second member and the unit cell”). Examiner recommends Claim 15 be revised to clearly communicate the hollow portion of Claim 1 is required to be present in both locations (“between the first member and the unit cell and between the second member and the unit cell”).
For the purpose of examination, Claim 15 will be examined as “The fuel cell according to claim 1, wherein the hollow portion comprises a first hollow portion formed between the first member and the unit cell, and a second hollow portion formed between the second member and the unit cell.”
Appropriate correction is required.
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.
Claims 1, 3, 8, 9, 15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Selcuk et al., US 20090226786 A1, and further in view of Lunt et al., US 20190027773 A1.
Regarding Claim 1, Selcuk discloses a fuel cell equipped with a unit cell including a structure in which an electrolyte layer is sandwiched between an anode electrode layer and a cathode electrode layer (fuel cell has an anode-electrolyte-cathode structure [0069]; anode 1a, electrolyte 1e, cathode 1c [0200-0204], Figs. 1, 2, 9; anode 102, electrolyte 103 and cathode 104 [0219-0222], Figs. 18-21),
wherein the unit cell is disposed between a first member and a second member (stack arrangement is clamped between endplates 6 [0206-0208], Fig. 9),
wherein an intermediate substrate is disposed between the first member and the second member (electrically non-conductive structure [0033-0050], gasket 5 [0201], Figs. 1-2, 9),
wherein the unit cell is supported at an outer peripheral portion thereof by the intermediate substrate (fully or partially surround the fuel cell perimeter defined by the first and second electrodes and the electrolyte [0047-0049], Figs. 1-2, 9), and
wherein the width of the electrolyte layer (see Electrolyte Layer Width in Annotated Fig. 9) is the maximum width or less of a hollow portion formed between at least one of the first member and the second member and the unit cell (airflow domain between upper interconnect plate 3 and unit cell, fuel flow domain between lower interconnect plate 3 and unit cell [0199]; see Airflow Domain Width and Fuel Flow Domain Width in Annotated Fig. 9).
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Selcuk – Annotated Fig. 9 – Electrolyte Layer Width vs. Airflow Domain Width
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Selcuk – Annotated Fig. 9 – Electrolyte Layer Width vs. Fuel Flow Domain Width
Selcuk does not disclose the limitation “a gasket is disposed between the intermediate substrate and the first member.” However, this limitation is taught by Lunt.
Lunt teaches a fuel cell stack compression plate 22 and compression members 24, each
compression member 24 comprising a cap 28 and stack of washers 30 ([0024], Fig. 2; “washer” analogous to the claimed “gasket”). Lunt teaches the compression plate 22 and compression members 24 are located between a fuel cell stack 12 and a first member (end plate 18 [0024-0035], Figs. 2-5). Lunt teaches the compression plate 22 and compression members 24 transfer compressive forces of the stack, reduce or eliminate bowing in the compressed stack, and may also increase the uniformity and constancy of the force and pressure applied to the fuel cell stack 12 ([0042-0044]). Lunt specifically teaches the gasket (washer 30) may be configured to exhibit spring-like properties and absorb vibrations and the expansion of components between the stack endplates when under compression ([0031]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add the compression plate and compression members of Lunt, between the first member and unit cell of Selcuk, in the fuel cell of Selcuk, in order to reduce or eliminate bowing, increase the uniformity and constancy of the force and pressure applied to the stack, and benefit from the spring-like properties of the gasket (washer 30), which absorb vibrations and expansions of stack components under compression.
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Lunt – Fig. 2
Lunt teaches adding the compression plate 22 and compression members 24 above the fuel cell stack 12 but below the stack end plate 18. Therefore, modifying the fuel cell of Selcuk with Lunt places Lunt’s compression plate 22 and compression members 24 between Selcuk’s first member (Selcuk, 6) and intermediate substrate (Selcuk, 5). The fuel cell of modified Selcuk, which includes the claimed “washer” (Lunt, washer 30) meets the limitation “a gasket is disposed between the intermediate substrate and the first member,” see Modified Selcuk:
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Modified Selcuk
Regarding Claim 3, modified Selcuk discloses all limitations as set forth above. Modified Selcuk discloses the electrolyte layer is made of yttria stabilized zirconia (Selcuk, yttrium-doped zirconium oxide, YSZ [0073]).
Regarding Claim 8, modified Selcuk discloses all limitations as set forth above. Modified Selcuk discloses a first conductive region (Selcuk, interface of gasket 5 and top of metal substrate 4 [0201]) and a second conductive region are provided to the intermediate substrate (Selcuk, interface of current collector 2 extensions and gasket 5 [0201]; see First Conductive Region and Second Conductive Region in Annotated Fig. 9).
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Selcuk – Annotated Fig. 9
Regarding Claim 9, modified Selcuk discloses all limitations as set forth above. Modified Selcuk discloses the cathode electrode layer (Selcuk, 1c) and the second conductive region (Annotated Fig. 1) are electrically connected by a bonding wire (Selcuk, current collector 2 is bonded to cathode layer 1c [0157, 0201], interconnect plate 3 and current collector 2 extensions are in electrical contact [0200-0207]; current collector may have metal wire strands [0076]).
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Selcuk – Annotated Fig. 1
Regarding Claim 15, modified Selcuk discloses all limitations as set forth above. Modified Selcuk discloses the hollow portion comprises a first hollow portion formed between the first member and the unit cell (Selcuk, airflow domain: air gap between the second electrode and the underside of the adjacent electrically conductive interconnect [0045], see First Hollow Portion/Airflow Domain in Annotated Fig. 9), and a second hollow portion formed between the second member and the unit cell (Selcuk, fuel flow domain: gap between the electrically conductive interconnect and the electrically conductive substrate [0062], see Second Hollow Portion/Fuel Flow Domain in Annotated Fig. 9).
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Selcuk – Annotated Fig. 9
Regarding Claim 17, modified Selcuk discloses all limitations as set forth above. Modified Selcuk discloses a fuel cell stack that has the fuel cell according to claim 1 (Selcuk, fuel cell stack assembly [0185], Fig. 9) and applies compression stress from the up and down sides of the entire fuel cell (Selcuk, compressive force exerted upon endplates 6 by a compression system comprising tie bolts 7 [0206-0208], Fig. 9).
Regarding Claim 18, modified Selcuk discloses all limitations as set forth above. Modified Selcuk discloses the intermediate substrate is an insulator (Selcuk, gasket 5 is “electrically non-conducting” [0201]; the current collector is electrically insulated from the adjacent electrically conductive interconnect plate between the non-conductive gasket sections [0119]), and wherein a first conductive region (Selcuk, interface of gasket 5 and top of metal substrate 4 [0201]) and a second conductive region are provided to the intermediate substrate (Selcuk, interface of current collector 2 extensions and gasket 5 [0201]; see Annotated Fig. 9 in Claim 8 for First Conductive Region and Second Conductive Region).
Regarding Claim 19, modified Selcuk discloses all limitations as set forth above. Modified Selcuk discloses the intermediate substrate (Selcuk, 5) has a through hole with a counterbore portion, and wherein the unit cell is disposed in the counterbore portion (Selcuk [0201], Annotated Fig. 1).
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Selcuk – Annotated Fig. 1
Regarding Claim 20, modified Selcuk discloses all limitations as set forth above. Modified Selcuk discloses the cathode electrode layer is electrically connected to the second conductive region by a bonding wire (Selcuk, current collector 2 is bonded to cathode layer 1c [0157, 0201], interconnect plate 3 and current collector 2 extensions are in electrical contact [0200-0207]; current collector may have metal wire strands [0076]; see Annotated Fig. 1 in Claim 9).
Claims 4, 5, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over modified Selcuk as applied to Claim 1 above, and further in view of Son et al., US 20090181278 A1.
Regarding Claim 4, modified Selcuk discloses all limitations as set forth above. Modified Selcuk does not disclose “the thickness of the anode electrode layer is 1 µm or less” and also does not disclose “a porous support layer is in contact with the anode electrode layer.” However, these limitations are is taught by Son.
Son teaches a “micro-fuel cell” may be used as a micro-portable power source for mobile electronic devices ([0005-0007, 0021]). In order to maintain structural stability and a long life span for the micro-fuel cell, Son teaches at least one of the two thin film electrodes should be porous and have a porous support layer (first electrode 40 supported by template 35 [0016-0021, 0041-0049]; Figs. 3, 4, 8J, 9I). Son also teaches a first electrode thickness of 15 nm to 20 nm ([0041, 0122]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add a porous support layer in contact with the anode electrode layer, and have the thickness of the anode electrode layer be less than 1 µm thick, as taught by Son, in the fuel cell of modified Selcuk, in order to obtain a micro-fuel cell having good structural stability.
Regarding Claim 5, modified Selcuk discloses all limitations as set forth above. Modified Selcuk discloses the porous support layer (Son, template 35’) is made of aluminum oxide (Son, aluminum oxide layer 35 [0072, 0098, 0120-0122]).
Regarding Claim 16, modified Selcuk discloses all limitations as set forth above. Modified Selcuk does not disclose “the thickness of the electrolyte layer is 1 µm or less.” However, this limitation is also taught by Son.
Son teaches a “micro-fuel cell” may be used as a micro-portable power source for mobile electronic devices ([0005-0007, 0021]). In order to maintain structural stability and a long life span for the micro-fuel cell, Son teaches the micro-fuel cell should have a thin film solid electrolyte having a thickness of 200 nm to 1 µm ([0014-0021, 0073, 0123]).
Before the effective filing date of the present invention, it would have been obvious to a person
of ordinary skill in the art to have the electrolyte later be less than 1 µm thick, as taught by Son, in the fuel cell of modified Selcuk, in order to obtain a micro-fuel cell having good structural stability.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Selcuk et al., US 20090226786 A1, and further in view of Son et al., US 20090181278 A1 and Lunt et al., US 20190027773 A1.
Regarding Claim 2, Selcuk discloses a fuel cell that is equipped with a unit cell including a structure in which an electrolyte layer is sandwiched between an anode electrode layer and a cathode electrode layer (fuel cell has an anode-electrolyte-cathode structure [0069]; anode 1a, electrolyte 1e, cathode 1c [0200-0204], Figs. 1, 2, 9; anode 102, electrolyte 103 and cathode 104 [0219-0222], Figs. 18-21),
wherein the unit cell is disposed between a first member and a second member (electrically conductive plates above and below anode-electrolyte-cathode structure [0014, 0026, 0098-0099]; electrically conductive interconnect plate 3 [0201], Figs. 1-2, 9),
wherein an intermediate substrate is disposed between the first member and the second member (electrically non-conductive structure [0033-0050], gasket 5 [0201], Figs. 1-2, 9), and
wherein the unit cell is supported at an outer peripheral portion thereof by the intermediate substrate (fully or partially surround the fuel cell perimeter defined by the first and second electrodes and the electrolyte [0047-0049], Figs. 1-2, 9).
Selcuk does not disclose “the thickness of the electrolyte layer is 1 µm or less.” However, this limitation is taught by Son.
Son teaches a “micro-fuel cell” may be used as a micro-portable power source for mobile
electronic devices ([0005-0007, 0021]). In order to maintain structural stability and a long life span for the micro-fuel cell, Son teaches the micro-fuel cell should have a thin film solid electrolyte having a thickness of 200 nm to 1 µm ([0014-0021, 0073, 0123]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have the electrolyte later be less than 1 µm thick, as taught by Son, in the fuel cell of Selcuk, in order to obtain a micro-fuel cell having good structural stability.
Modified Selcuk does not disclose the limitation “a gasket is disposed between the intermediate substrate and the first member.” However, this limitation is taught by Lunt.
Lunt teaches a fuel cell stack compression plate 22 and compression members 24, each compression member 24 comprising a cap 28 and stack of washers 30 ([0024], Fig. 2; “washer” analogous to the claimed “gasket”). Lunt teaches the compression plate 22 and compression members 24 are located between a fuel cell stack 12 and a first member (end plate 18 [0024-0035], Figs. 2-5). Lunt teaches the compression plate 22 and compression members 24 transfer compressive forces of the stack, reduce or eliminate bowing in the compressed stack, and may also increase the uniformity and constancy of the force and pressure applied to the fuel cell stack 12 ([0042-0044]). Lunt specifically teaches the gasket (washer 30) may be configured to exhibit spring-like properties and absorb vibrations and the expansion of components between the stack endplates when under compression ([0031]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add the compression plate and compression members of Lunt, between the first member and unit cell of modified Selcuk, in order to reduce or eliminate bowing, increase the uniformity and constancy of the force and pressure applied to the stack, and benefit from the spring-like properties of the gasket (washer 30), which absorb vibrations and expansions of stack components under compression.
Lunt teaches adding the compression plate 22 and compression members 24 above the fuel cell stack 12 but below the stack end plate 18. Therefore, Lunt’s compression plate 22 and compression members 24 would be added between Selcuk’s first member (Selcuk, 6) and intermediate substrate (Selcuk, 5). The fuel cell of modified Selcuk, which includes the claimed “washer” (Lunt, washer 30) meets the limitation “a gasket is disposed between the intermediate substrate and the first member,” see modified Selcuk:
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Modified Selcuk
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 BETHANY C GARCIA whose telephone number is (571)272-2475. The examiner can normally be reached Mon-Fri, 0800 - 1730 MT.
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, Allison Bourke can be reached at 303-297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BETHANY C GARCIA/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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