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.
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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.
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/BRIAN R OHARA/Examiner, Art Unit 1724