Prosecution Insights
Last updated: April 19, 2026
Application No. 18/148,512

FUEL CELL

Final Rejection §103
Filed
Dec 30, 2022
Examiner
OHARA, BRIAN R
Art Unit
1724
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Toyota Jidosha Kabushiki Kaisha
OA Round
2 (Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
2y 9m
To Grant
88%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
422 granted / 533 resolved
+14.2% vs TC avg
Moderate +9% lift
Without
With
+9.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
44 currently pending
Career history
577
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
57.3%
+17.3% vs TC avg
§102
23.5%
-16.5% vs TC avg
§112
14.2%
-25.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 533 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 . Remarks Claim 1 has been amended. Claims 2-3 are as original presented. Claim 4 has been canceled. Claims 1-3 are currently examined. Status of Objections and Rejections The rejection as set for within the previous office action has been modified as necessitated by applicants amendments. 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 is rejected under 35 U.S.C. 103 as being unpatentable over Yamano (US 2020/0112035). As to claim 1, Yamano discloses a fuel cell (figures 1 and 2, [0022], discussed throughout) comprising: plural stacked power generating unit cell (figures 1 and 2 #12, [0022]-[0023], discussed throughout) each having a membrane assembly (figures 1 and 2 #14, [0024], discussed throughout), an anode separator stacked on the membrane assembly on one side (figures 1 and 2 #32 and/or 18, [0030], discussed throughout), a cathode separator stacked on the membrane assembly on another side (figures 1 and 2 #30 and/or 16, [0030], discussed throughout), and a plurality of cooling water path enlarging portions between adjacent ones of the gas path enlarging portions (see annotated figure 2 below, the letter C shows the coolant flow path, letter D shows the gas flow path, the letter A shows the coolant enlarging portion as the slop makes the coolant channel larger, letter B shows the gas enlarging portions as the slop makes the gas flow portion larger, this can be seen for both the anode and the cathode), the plurality of cooling water path enlarging portions arranged at intervals along a water flow direction (see annotated figure 2 below, and figure 3, as the waves can also make intervals, or the beginning and end), the cooling water path enlarging portions enlarging a cooling water path of the anode separator (see annotated figure 2 below, discussed above), wherein the cathode separator has a porous body where an oxidizing gas flows (figures 1 and 2 #50 and/or 58, [0038], discussed throughout), and a path enlarging member (annotated figure 2 discussed above), and the path enlarging member includes gas path enlarging portions that enlarge a path formed by the porous body (annotated figure 2, discussed above), the gas path enlarging portions having wall parts inclining or orthogonal to a direction where the oxidizing gas flows (figures 1 and 2, and annotated figure 2, discussed throughout). Yamano is silent to the stacking of unit cell and thus is also silent to wherein the anode separator of any one of the power generating unit cells is stacked on the cathode separator of another one of the power generating unit cells that is adjacent to said anyone. However, it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to stack more unit cells as to increase the power of the fuel cell (also see MPEP 2143 I). Thus, disclosing the instant claimed structure. PNG media_image1.png 461 679 media_image1.png Greyscale As to claim 2, Yamano discloses wherein, the gas path enlarging portions are grooves (figures 1 and 2, and annotated figure 2, discussed throughout). As to claim 3, Yamano is silent to wherein, the grooves are wavy. However it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to have the grooves as wavy as a mere change in shape (see MPEP 2144.04 IV B) or mere aesthetic design change (see MPEP 2144.04 I) baring any criticality or unexpected results. Response to Arguments Applicant's arguments filed 10/9/2025 have been fully considered but they are not persuasive. The applicants agreements that are directed to the amended limitations can be seen address above. The applicants arguments that are addressed to the instant figures and instant specification i.e. figures 14 and 16. While the examiner agrees that there are differences in between the instant specification and the prior art the examiner cannot read limitations from the specification into the instant claimed invention. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bosch (US 2023/0268529) paragraph [0002] is just to show that stacking fuel cells can increase the output voltage. 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. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST 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, Miriam Stagg can be reached at 571-270-5256. 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. /BRIAN R OHARA/Examiner, Art Unit 1724
Read full office action

Prosecution Timeline

Dec 30, 2022
Application Filed
Jul 07, 2025
Non-Final Rejection — §103
Oct 09, 2025
Response Filed
Oct 20, 2025
Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12589999
LITHIUM MANGANESE IRON PHOSPHATE POSITIVE ELECTRODE ACTIVE MATERIAL AND PREPARATION METHOD, POSITIVE ELECTRODE PLATE, SECONDARY BATTERY AND ELECTRICAL APPARATUS THEREOF
2y 5m to grant Granted Mar 31, 2026
Patent 12586805
SOLID OXIDE FUEL CELL, SOLID OXIDE FUEL CELL STACK AND MANUFACTURING METHOD OF SOLID OXIDE FUEL CELL
2y 5m to grant Granted Mar 24, 2026
Patent 12580275
Battery Module
2y 5m to grant Granted Mar 17, 2026
Patent 12555814
FUEL CELL UNIT
2y 5m to grant Granted Feb 17, 2026
Patent 12555879
CYLINDRICAL SECONDARY BATTERY
2y 5m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
79%
Grant Probability
88%
With Interview (+9.0%)
2y 9m
Median Time to Grant
Moderate
PTA Risk
Based on 533 resolved cases by this examiner. Grant probability derived from career allow rate.

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