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 .
Election/Restrictions
Applicant’s election without traverse of Claims 1-7 (i.e. Group I) in the reply filed on 03/03/26 is acknowledged. Accordingly, non-elected Claims 8-15 are hereby withdrawn from consideration.
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 1-7 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 phrase (emphasis added) “the first electrode layers or the second electrode layers of adjacent cells facing each other.” Claim 1 is rendered particularly indefinite insofar as it is unclear if “adjacent cells” is or is not in reference to adjacent “fuel” cells, given that Claim 1 explicitly refers to “fuel cells” as opposed to just “cells.”
Claim 1 recites the phrase (emphasis added) “at an end of the fuel cell.” Claim 1 is rendered particularly indefinite insofar as it is unclear which explicit fuel cell is being referenced, wherein Claim 1 explicitly refers to a “plurality of fuel cells.”
Claim 3 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 3 recites the limitation "the other of the fuel cells." There is insufficient antecedent basis for this limitation in the claim.
Claims 4-7 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 4 recites the limitation "the same plane." There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the same direction." There is insufficient antecedent basis for this limitation in the claim.
Claims 5-7 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 5 recites the limitation "the other of the fuel cells." There is insufficient antecedent basis for this limitation in the claim.
Claim 7 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 7 recites the limitation "the other of the fuel cells." 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.
Claims 1, 3-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okumura (WO 2006/090464, using the provided machine translation for citation purposes).
Regarding Claim 1, Okumura teaches a fuel cell stack (“fuel cell stack”) comprising a plurality of cell units (“plurality of fuel cells”) each including a solid polymer electrolyte membrane (“solid electrolyte layer”), an anode (18) (“first electrode layer”), and a cathode (20) (“second electrode layer”), wherein the anode and cathode are formed across the solid polymer electrolyte membrane (Abstract). As illustrated in Figures 1-3, the plurality of cell units are stacked with the anodes or the cathodes of adjacent cell units facing each other (“the plurality of fuel cells being stacked with the first electrode layers or second electrode layers of adjacent cells facing each other”) ([0020]-[0021], [0025], [0032]). As illustrated in Figures 1-2, a fuel supply space (48a) (“common flow path that supplies a first gas”) that supplies fuel to anodes facing each other is formed in an area where said anodes face each other ([0025]). As illustrated in Figures 1-2, an oxidant supply space (48c) (“common flow path that supplies a second gas”) that supplies oxidant to cathodes facing each other is formed in an area where said cathodes face each other ([0025]). As illustrated in Figures 1-3, 14, current collecting members (24) (“connection electrode”) are formed at ends of the cell units such that at least some of the cell units are connected in series via the current collecting members ([0021], [0034]).
Regarding Claim 3, Okumura teaches the instantly claimed invention of Claim 1, as previously described.
As illustrated in Figures 1-3, 14, the cathode of one of the cell units adjacent in a stacking direction of the cell units is connected to the anode of another of the cell units via a current collecting member to form a series connection structure, wherein the series connection structures are connected in series in the stacking direction (Abstract, [0034]).
Regarding Claim 4, Okumura teaches the instantly claimed invention of Claim 1, as previously described.
As illustrated in Figures 1-3, a plurality of the cell units are formed in a same plane as one another with the anode and cathode layers oriented in the same direction.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Okumura (WO 2006/090464, using the provided machine translation for citation purposes), and further in view of Horiuchi et al. (US 2008/0187806).
Regarding Claim 2, Okumura teaches the instantly claimed invention of Claim 1, as previously described.
Okumura does not explicitly teach that the anodes of two each of the cell units adjacent in a stacking direction of the cell units are connected to each other, and the cathodes of said two cell units are connected to each other to form one of parallel connection structures, wherein the parallel connections structures are connected in series in the stacking direction.
However, Horiuchi teaches a fuel cell (Abstract). As illustrated in Figure 1, Horiuchi teaches that the fuel cell comprises a plurality of individual cells (2) ([0078]-[0079]). As illustrated in Figure 5, Horiuchi teaches that the individual cells are connected to one another in both parallel and series, wherein the anodes of two individual cells are connected to each other and the cathodes of said cells are connected to each other to form a plurality of parallel connection structures (i.e. the sets of individual cells connected in parallel), wherein the parallel connection structures are connected in series in the illustrated stacking directions ([0096]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would, with respect to Okumura, connect together the anodes of two adjacently stack cell units and connect together the cathodes of said cell units to form one of parallel connection structures, as taught by Horichi, which are in turn connected in series in a stacking direction, as taught by Horiuchi, given that such a modification would provide for an overall series and parallel connection regime configurable based on desired and/or required voltage and current characteristics.
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Okumura (WO 2006/090464, using the provided machine translation for citation purposes), and further in view of Kotani et al. (JP 2007103092, using the provided machine translation for citation purposes).
Regarding Claim 5, Okumura teaches the instantly claimed invention of Claim 4, as previously described.
Okumura does not explicitly teach that a plurality of the cell units adjacent to one another and formed in the same plane are connected in series by connecting the cathode of one of the cell units to the anode of another of the cell units via the current collecting member.
However, it is first noted that plurality of the cell units of Okumura which formed in a same plane as one another are connected in parallel ([0021]).
Furthermore, Kotani teaches a fuel cell (Abstract, [0001]). As illustrated in Figures 1-2, Kotani teaches that the fuel cell comprises a plurality of single cells (2) formed in a same plate as one another and connected in series by an interconnector (3) ([0013]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would connect, with respect to Okumura, a plurality of adjacent cell units formed in the same plane as one another in series, as taught by Kotani, by connected the cathode of one given cell unit to the anode of another given cell unit via a current collecting member, given that such a modification would provide for an overall series and/or parallel connection regime configurable based on desired and/or required voltage and current characteristics.
Regarding Claim 6, Okumura teaches the instantly claimed invention of Claim 5, as previously described.
Okumura does not explicitly teach that the anodes of two adjacent cell units in a stacking direction of the cell units are connected to each other, and the cathodes of said two cell units are connected to each other to form a parallel connection structure.
However, it is first noted that plurality of the cell units of Okumura which formed in a same plane as one another are connected in parallel ([0021]).
Furthermore, Kotani teaches a fuel cell (Abstract, [0001]). As illustrated in Figures 1-2, Kotani teaches that the fuel cell comprises a plurality of single cells (2) formed in a same plate as one another and connected in series by an interconnector (3) ([0013]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would further connect two adjacent cell units of Okumura, as modified by Kotani, in the instantly claimed parallel connection structure, as taught by Okumura, given that such a modification would provide for an overall series and/or parallel connection regime configurable based on desired and/or required voltage and current characteristics,
Regarding Claim 7, Okumura teaches the instantly claimed invention of Claim 5, as previously described.
Furthermore, and as illustrated in Figures 1-3 of Okumura (and in context of Okumura, as modified by Kotani), the cell units adjacently stacked in a stacking direction of the cell units include both cell units with anodes and cathodes electrically insulated from each other, and cell units with a cathode of one cell unit connected to the anode of another cell unit via a current collecting member.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W VAN OUDENAREN whose telephone number is (571)270-7595. The examiner can normally be reached 7AM-3PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at 5712707871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW W VAN OUDENAREN/Primary Examiner, Art Unit 1728
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