Prosecution Insights
Last updated: August 30, 2026
Application No. 18/122,305

FUEL CELL STACK AND SENSING TERMINAL FOR FUEL CELL STACK

Non-Final OA §103
Filed
Mar 16, 2023
Priority
Mar 23, 2022 — JP 2022-047123
Examiner
CHUO, TONY SHENG HSIANG
Art Unit
1751
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Toyota Boshoku Corporation
OA Round
2 (Non-Final)
46%
Grant Probability
Moderate
2-3
OA Rounds
8m
Est. Remaining
53%
With Interview

Examiner Intelligence

Grants 46% of resolved cases
46%
Career Allowance Rate
323 granted / 706 resolved
-19.2% vs TC avg
Moderate +7% lift
Without
With
+7.1%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
44 currently pending
Career history
759
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
60.6%
+20.6% vs TC avg
§102
17.0%
-23.0% vs TC avg
§112
18.5%
-21.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 706 resolved cases

Office Action

§103
DETAILED ACTION Response to Amendment Claims 1-8 are currently pending. The amended claims do overcome the previously stated 102 and 103 rejections. However, upon further consideration, claims 1-8 are rejected under the following new 103 rejections. This action is made FINAL as necessitated by the amendment. 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. Claims 1-4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuba (JP 2005122911 A, machine translation) in view of Yun et al (KR 20120050132 A, machine translation). Regarding claims 1, 2, 4, and 8, Matsuba discloses a fuel cell stack, comprising: a stack main body that includes stacked unit cells “11” (single cells), each unit cell including a membrane electrode assembly “12” (power generating unit), a first separator “13”, and a second separator “14”, the first separator and the second separator holding the membrane electrode assembly (power generating unit) in between; and a cell voltage detection terminal “25” (sensing terminals) made of metal, each detection terminal being inserted into a space between the first separator of a corresponding one of the unit cells, and the second separator of another unit cell that is adjacent to the corresponding unit cell, from outside the unit cells, wherein two surfaces facing each other in any adjacent two of the unit cells are respectively defined as a first facing surface and a second facing surface, the first facing surface being a surface of the first separator of one of the two unit cells, and the second facing surface being a surface of the second separator of the other unit cell, the first facing surface is provided with at least one barb portion “30” (first engagement portion), each detection terminal includes: a base portion that contacts the first facing surface of the corresponding first separator; an arm portion that protrudes from the base portion toward the second facing surface of the corresponding second separator and extends toward a trailing side in an insertion direction of the detection terminal; the arm portion is in direct contact with the second facing surface while being elastically deformed toward the first facing surface; wherein the base portion and the arm portion protrude outward from the single cells ([0009],[0010],[0016]-[0018] and Fig. 2). However, Matsuba does not expressly teach a first facing surface that is formed with at least one first engagement portion; each sensing terminal including at least one second engagement portion that is engaged with the at least one first engagement portion of the first facing surface by means of a recess-and-projection relationship to prevent the sensing terminal from coming off the stack main body (claim 1); wherein the at least one first engagement portion includes first engagement portions that are spaced apart from each other in the insertion direction, and second engagement portions that are provided to respectively correspond to the first engagement portions (claim 3); a received portion that is engaged with a receiving portion formed by the first facing surface by means of a recess-and-projection relationship to prevent the sensing terminal from coming off the stack main body (claim 8). Yun et al discloses fuel cell stack voltage detection device comprising a contact terminal “234” (sensing terminal) including a second engagement portion/received portion that is engaged with the first facing surface of metal separator plate “204” (first separator) ([0062]-[0066] and Figs. 9 and 10). [AltContent: textbox (second facing surface of second separator)][AltContent: textbox (first facing surface of first separator)][AltContent: arrow][AltContent: arrow][AltContent: textbox (second engagement portion)][AltContent: arrow][AltContent: textbox (base portion )][AltContent: arrow][AltContent: textbox (arm portion)][AltContent: arrow] PNG media_image1.png 658 380 media_image1.png Greyscale Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Matsuba detection terminal to include a second engagement portion/received portion that is engaged with the first facing surface in order to utilize a shape of the extension portion that provides a stable electrical connection that has the effect of not easily coming off the separator plate ([0067]). Although Yun does not expressly teach a first facing surface that is formed with a first engagement portion that is engaged with the second engagement portion by means of a recess-and-projection relationship, this recess-and-projection relationship is already taught by Matsuba and therefore is an obvious matter of design choice which one of ordinary skill in the art would have been able to make in order to further ensure good contact and to prevent the detection terminal from coming loose due to vibration (Concrete Unlimited Inc. v. Cementcraft Inc. 227 USPQ 784 (Fed. Cir. 1985); In re Kuhle 188 USPQ 7 (CCPA 1975)). Regarding claim 3, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Matsuba/Yun detection terminal to include first engagement portions that are spaced apart from each other in the insertion direction, and second engagement portions that are provided to respectively correspond to the first engagement portions because the addition of another first engagement portion and a corresponding second engagement portion is an obvious matter of design choice which one of ordinary skill in the art would have been able to make in order to further secure the detection terminal in the terminal mounting hole (Concrete Unlimited Inc. v. Cementcraft Inc. 227 USPQ 784 (Fed. Cir. 1985); In re Kuhle 188 USPQ 7 (CCPA 1975)). Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuba in view of Yun et al as applied to claim 1 above, and further in view of Sakano et al (US 2005/0118481). However, Matsuba as modified by Yun et al does not expressly teach each single cell further including a sheet member that has an electrical insulation property, the sheet member being provided between the first separator and the second separator and surrounding the power generating unit, the sensing terminals include sensing terminals that are provided on opposite sides in the stacking direction of a corresponding one of the single cells, the sensing terminals each having a protruding portion that protrudes outward from edges of the first separator and the second separator, and the sheet member of the corresponding single cell includes a cover portion that covers the protruding portion in the stacking direction (claim 5); wherein the protruding portion is provided with a mark at a position of a protruding end of the cover portion in the insertion direction, the mark indicating that the sensing terminal has been inserted to a proper position (claim 6); wherein the mark is a protruding end of the protruding portion (claim 7). Sakano et al discloses each unit cell “1” (single cell) further including measurement side terminal “61” (sheet member) that has an electrical insulation property, the electrode holding portion being provided between a cathode side separator “3” (first separator) and an anode side separator “4” (second separator) and surrounding a membrane electrode assembly “2” (power generating unit), terminal electrodes “65” (sensing terminals) that are provided on opposite sides in the stacking direction of a corresponding one of the unit cells, the terminal electrodes each having a protruding portion that protrudes outward from edges of the cathode side separator and the anode side separator, and measurement side terminal of the corresponding unit cell includes a main body portion “62” (cover portion) that covers the protruding portion in the stacking direction ([0058],[0082],[0083],[0089] and Figs. 1, 5, and 6). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Matsuba/Yun detection terminal to include each single cell further including a sheet member that has an electrical insulation property, the sheet member being provided between the first separator and the second separator and surrounding the power generating unit, the sensing terminals include sensing terminals that are provided on opposite sides in the stacking direction of a corresponding one of the single cells, the sensing terminals each having a protruding portion that protrudes outward from edges of the first separator and the second separator, and the sheet member of the corresponding single cell includes a cover portion that covers the protruding portion in the stacking direction in order to measure cell voltage easily from the outside, while preventing electrical seepage of the cooling medium and shorting to the outside ([0013]). In addition, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Matsuba/Yun/Sakano detection terminal to include a protruding portion that is provided with a mark at a position of a protruding end of the cover portion in the insertion direction, the mark indicating that the detection terminal has been inserted to a proper position, wherein the mark is a protruding end of the protruding portion because the addition of mark on the detection terminal is an obvious matter of design choice which one of ordinary skill in the art would have been able to make in order to facilitate proper engagement of the detection terminal into the terminal mounting hole (Concrete Unlimited Inc. v. Cementcraft Inc. 227 USPQ 784 (Fed. Cir. 1985); In re Kuhle 188 USPQ 7 (CCPA 1975)). Response to Arguments Applicant’s arguments with respect to claim(s) 1-8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 TONY S CHUO whose telephone number is (571)272-0717. The examiner can normally be reached Monday - Friday, 9:00am - 5:30pm. 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, Jonathan Leong can be reached at 571-270-1292. 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. /T.S.C/Examiner, Art Unit 1751 /JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 5/14/2026
Read full office action

Prosecution Timeline

Mar 16, 2023
Application Filed
Oct 30, 2025
Non-Final Rejection mailed — §103
Jan 07, 2026
Applicant Interview (Telephonic)
Jan 07, 2026
Examiner Interview Summary
Jan 30, 2026
Response Filed
May 18, 2026
Final Rejection mailed — §103
Aug 11, 2026
Response after Non-Final Action

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

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Prosecution Projections

2-3
Expected OA Rounds
46%
Grant Probability
53%
With Interview (+7.1%)
4y 1m (~8m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 706 resolved cases by this examiner. Grant probability derived from career allowance rate.

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