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 .
Claim Objections
Claim 4 is objected to because of the following informalities: in lines 6-7 “the first conductive member and the first separator is electrically insulated by a first insulating film member” & in lines 9-10 “the second conductive member and the second separator is electrically insulated by a second insulating film member” are grammatically incorrect as each instance of “is” should read “are”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Na et al. (US 20090053574 A1, “Na”) in view of Sato (JP 2013030471 A, “Sato”). The machine translation is used herein for citation purposes.
Regarding claim 1, Na discloses a fuel cell comprising: an anode divided into a plurality of anode portions (see abstract “fuel cell” & “anode electrodes” & see FIG. 3, 4, 9 “anode electrode 116” & “110 membrane electrode assembly”), a cathode divided into a plurality of cathode portions (see abstract “cathode electrodes”; see [0055] & FIG. 9 “cathode electrode 114”), an electrolyte membrane arranged between the anode and the cathode (see [0022] “electrolyte membrane, a cathode electrode formed on one face of the electrolyte membrane, an anode electrode formed on other face of the electrolyte membrane”), the electrolyte membrane being provided with a plurality of interconnectors (see FIG. 9, FIG. 3 & FIG. 4 describes “112 electrolyte membrane” & see [0055] “gasket path 119), one of the interconnectors connecting one of the anode portions and one of the cathode portions (see FIG. 4 “119 gasket path” & “anode electrode 116” & “cathode electrode 114”), a first separator electrically insulated from the anode and facing a surface of the anode that is opposite to a surface of the anode facing the electrolyte membrane (see FIG. 3 “130 separator” & see FIG. 7 describes “170” & see [0045] “anode separator”; see [0059] “separator (130; 150, 170) is arranged between the membrane electrode assemblies 110 in the stack 100 so as to electrically insulate adjacent membrane electrode assemblies 110”), a first conductive member (see [0063] “conductive wire”) connected to the anode, passing through the first separator while being electrically insulated from the first separator (see [0079] “anode separator 170” & “anode insulator 171” & “anode current collector 172a formed on the first surface 171a of the anode insulator 171” & “comprises a first anode terminal 173a” & see FIG. 7), and exposed on a surface of the first separator other than a surface facing the anode (see FIG. 7 & [0079]), a second separator electrically insulated from the cathode and facing a surface of the cathode that is opposite to a surface of the cathode facing the electrolyte membrane (see FIG. 9 & see [0059] “separator (130; 150, 170) is arranged between the membrane electrode assemblies 110 in the stack 100 so as to electrically insulate adjacent membrane electrode assemblies 110” & see FIG. 5 “150” & see [0042] “cathode separator”).
Regarding the limitation and a second conductive member connected to the cathode, passing through the second separator while being electrically insulated from the second separator, Na discloses (see FIG. 5 “153a” & “150 separator”; see [0075] “cathode terminal 153a”). Na does not explicitly disclose a second conductive member.
Sato teaches a conductive member (see FIG. 13 & see [0007]-[0008] “platinum wire 7a” & “anode 2a” & “4a separators”, see FIG. 14 & [0009] “a plurality of insulating members and disposed between the plurality of anode-side separators” & “8b” & “9b”). Sato teaches in [0021] “since the separator region facing the electrode reaction surface of the electrolyte electrode assembly is divided into a plurality of regions and a plurality of conductive members are provided in each of the regions, the impedance distribution of each region in the electrode reaction surface can be easily and accurately measured. Therefore, the environment distribution in the electrode surface can be accurately measured, and a desired power generation state can be reliably maintained”.
Na and Sato are analogous to the current invention because they are related to the same field of endeavor, namely fuel cell (see Sato title).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate “platinum wire 7a” (see Sato FIG. 13 & [0007], [0008]) & plurality of conductive members (see Sato [0021]) as suggested by Sato into the fuel cell of Na because doing so allows for “the impedance distribution of each region in the electrode reaction surface can be easily and accurately measured” as suggested by Sato (see [0021]).
Regarding the limitation and exposed on a surface of the second separator other than a surface facing the cathode, Na discloses (see FIG. 5 & [0075]).
Regarding claim 2, modified Na discloses the fuel cell of claim 1 and further discloses a first conductive member is exposed on a first surface of the first separator opposite to the surface of the first separator facing the anode (see FIG. 7 & [0079] “first anode terminal 173a” & see FIG. 9 describes “153a” & “173a” are opposite to each other) and the second conductive member is exposed on a second surface of the second separator opposite to the surface of the second separator facing the cathode (see FIG. 5 & “153a” & [0073] “first cathode terminal 153a” & see FIG. 9 describes “153a” & “173a” are opposite to each other). Na further discloses “conductive wire” (see [0063]).
Regarding claim 4, modified Na discloses the fuel cell of claim 1 and further discloses wherein: the first conductive member passes through a first through-hole formed in the first separator (see FIG. 3 describes “130 separator” & describes “130” has a through-hole & see [0063] “conductive wire”).
Regarding the limitations the second conductive member passes through a second through-hole formed in the second separator, the first conductive member and the first separator is electrically insulated by a first insulating film member arranged between an inner surface of the first through hole and the first conductive member, and the second conductive member and the second separator is electrically insulated by a second insulating film member arranged between an inner surface of the second through hole and the second conductive member, Na does not explicitly disclose a second conductive member.
Sato teaches a conductive member (see FIG. 13 & see [0007]-[0008] “platinum wire 7a” & “anode 2a” & “4a separators”, see FIG. 14 & [0009] “a plurality of insulating members and disposed between the plurality of anode-side separators” & “8b” & “9b”). Sato teaches in [0021] “since the separator region facing the electrode reaction surface of the electrolyte electrode assembly is divided into a plurality of regions and a plurality of conductive members are provided in each of the regions, the impedance distribution of each region in the electrode reaction surface can be easily and accurately measured. Therefore, the environment distribution in the electrode surface can be accurately measured, and a desired power generation state can be reliably maintained”.
Na and Sato are analogous to the current invention because they are related to the same field of endeavor, namely fuel cell (see Sato title).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate “platinum wire 7a” (see Sato FIG. 13 & [0007], [0008]) & plurality of conductive members (see Sato [0021]) as suggested by Sato into the fuel cell of Na because doing so allows for “the impedance distribution of each region in the electrode reaction surface can be easily and accurately measured” as suggested by Sato (see [0021]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Na et al. (US 20090053574 A1, “Na”) in view of Sato (JP 2013030471 A, “Sato”) as applied to claim 2 above, and further in view of Palumbo et al. (US 20190181482 A1, “Palumbo”) and Yamanis (US 6589681 B1, “Yamanis”). The machine translation is used herein for citation purposes.
Regarding claim 3, modified Na discloses the fuel cell of claim 2. Na does not explicitly disclose further comprising: a plurality of electrode tabs configured to collect generated electric power, wherein one of the plurality of electrode tabs is joined to the first surface in a state of being connected to the first conductive member, and wherein another one of the plurality of electrode tabs is joined to the second surface in a state of being connected to the second conductive member.
Yamanis teaches tabs (see P8 col 7 par 2 “tab elements 33 are also preferably planar and rectangular in configuration” & “tab elements 33 are preferably integral parts of the respective conducting plates…of each stack”).
Palumbo teaches flexible tabs (see [0043] “flexible tabs” & “are configured and disposed to be subjected to compression forces which cause partial bending of the flexible tabs” & “when the stack is assembled” & see [0044] “flexible tabs (3535) are configured to bend and flex under changing compressive load during stack assembly and stack operation such that flexible tabs (3535) remain in physical and electrical contact”).
Na and Palumbo are analogous to the current invention because they are related to the same field of endeavor, namely fuel cells (see Palumbo Title).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate tabs as suggested by Palumbo (see [0043]) and Yamanis (see P8 col 7 par 2) because doing so allows for the tabs to remain in electrical contact during bending and stacking as suggested by Palumbo (see [0044]).
Response to Arguments
Applicant’s arguments, see P9 par 4, filed 07/06/2026, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 103 as being unpatentable over Na et al. (US 20090053574 A1, “Na”) in view of Yamanis (US 6589681 B1, “Yamanis”) and Badding et al. (US 20010044041 A1, “Badding”) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Na et al. (US 20090053574 A1, “Na”) in view of Sato (JP 2013030471 A, “Sato”).
Regarding Applicant’s arguments on P5 “For any instances in which the Examiner explicitly or implicitly took Official Notice in the Office Action, Applicant expressly does not acquiesce to the taking of Official Notice”, can Applicant please indicate where Official Notice is explicitly or implicitly taken?
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH APPLEGATE whose telephone number is (571)270-0370. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm ET.
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, Nicole Buie-Hatcher can be reached at (571) 270-3879. 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.
/S.A.A./Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725
Prosecution Insights