DETAILED ACTION
Status of Claims
The amendment filed 06/09/2026 has been entered. Claims 1-20 remain pending.
Applicant's arguments have been fully considered but they are not persuasive. The previous prior art rejections are maintained and reiterated below. See Response to Arguments.
Claim Rejections - 35 USC § 102
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 1-7, 12-14, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Uchida et al. (US 6,316,139).
Regarding claims 1, 6, and 7, Uchida discloses a PEM fuel cell having a gasket comprising:
a glass fiber fabric coated with polytetrafluoroethylene and fluororubber (col. 1, lines 58-61).
The glass fiber fabric may serve as the support portion. The seal portion includes PTFE and fluororubber a sealing material. The sealing material prevents passage of a fluid. The support portion includes a porous material (i.e., glass fiber fabric) and imparts mechanical stability to the cell seal. The sealing material of the seal portion penetrates the porous material at least partially and connects the seal portion to the support portion.
Regarding claim 2, a fluororubber is an elastomer.
Regarding claim 3, Uchida discloses a PEM fuel cell is flat (Fig. 1C).
Regarding claim 4, Uchida discloses the support portion is arranged circumferentially on an edge of the cell seal (col. 2, lines 50-51).
Regarding claim 5, instant claim is regarded as a product by process. Product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps. “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). See MPEP 2113. In this case, the glass fiber fabric and PTFE/fluororubber are formed into the seal. With respect to the support occupies at least 80% of an area of the cell seal in a plan view, the instant seal is viewed as the recited 80% being made of glass fiber fabric coated with PTFE/fluororubber (Fig. 1C).
Regarding claims 12 and 13, Uchida discloses the glass fiber fabric may serve as the support portion (col. 1, lines 58-61), wherein the glass fiber fabric is preformed porous insert and is embedded within the seal portion (Fig. 1C).
Regarding claim 14, Uchida discloses wherein the sealing material extends through the porous material, such that portions of the seal portion are on opposite sides of the porous material (Fig. 1C).
Regarding claim 18, Uchida discloses the sealing material is fluororubber which is an elastomer (col. 1, lines 58-61); the cell is flatly configured (Fig. 1C); the support portion is arranged circumferentially on an edge of the cell seal (col. 2, lines 50-51); the support occupies at least 80% of an area of the cell seal in a plan view (see claim 5 above); the porous material coated with the sealing material (col. 1, lines 58-61); the porous material comprising a glass fiber fabric (col. 1, lines 58-61); wherein the glass fiber fabric is preformed porous insert and is embedded within the seal portion (Fig. 1C), and the sealing material extends completely through the porous insert such that the seal portion is on a first side of the porous insert and a further seal portion is on a second side of the porous insert opposite the first side (Fig. 1 C).
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 8, 15-17, and 19 rejected under 35 U.S.C. 103 as being unpatentable over Zuber et al. (US 2002/0051901) in view of Uchida et al. (US 6,316,139).
Regarding claim 8, Zuber teaches a PEM fuel cell stack comprising:
two electrically conductive bipolar plates 3, 4;
a polymer electrolyte membrane 5; and
seals 11, 12;
wherein the membrane is between the first and second bipolar plate;
wherein the cell seal is between the first and second bipolar plate (Fig. 1).
The seal is a non-compressible polymer film or composite polymer film such as glass fiber-reinforced PTFE films (para 0031). Here, the support material is the glass fibers. Figure 1 to Zuber provided below.
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Zuber does not teach the support portion comprises a porous material.
Uchida discloses a PEM fuel cell having a gasket including glass fiber fabric coated with polytetrafluoroethylene and fluororubber (col. 1, lines 58-61).
It would have been obvious to one of ordinary skill in the art before the effective filing date to substitute one seal for another viewed as functional equivalents. In this case, both include glass fibers to reinforce a polymer seal.
Regarding claims 15 and 16, Uchida discloses the glass fiber fabric may serve as the support portion (col. 1, lines 58-61), wherein the glass fiber fabric is preformed porous insert and is embedded within the seal portion (Fig. 1C).
Regarding claim 17, Uchida discloses wherein the sealing material extends through the porous material, such that portions of the seal portion are on opposite sides of the porous material (Fig. 1C).
Regarding claim 19, Uchida discloses the sealing material is fluororubber which is an elastomer (col. 1, lines 58-61); the cell is flatly configured (Fig. 1C); the support portion is arranged circumferentially on an edge of the cell seal (col. 2, lines 50-51); the support occupies at least 80% of an area of the cell seal in a plan view (see claim 5 above); the porous material coated with the sealing material (col. 1, lines 58-61); the porous material comprising a glass fiber fabric (col. 1, lines 58-61); wherein the glass fiber fabric is preformed porous insert and is embedded within the seal portion (Fig. 1C), and the sealing material extends completely through the porous insert such that the seal portion is on a first side of the porous insert and a further seal portion is on a second side of the porous insert opposite the first side (Fig. 1 C).
Allowable Subject Matter
Claims 9-11 and 20 are allowable.
Response to Arguments
Applicant argues the Office is clearly erroneous by citing that Uchida et al. (US 6,316,139) anticipates the claims. Applicant argues the claimed “support portion” is not merely a conventional reinforcing filler or embedded strengthening material or a coated reinforcement fabric within a gasket composition but rather the “support portion” provides dimensional stability, improved handling characteristics, and improved placement characteristics wherein the porous support portion is structurally distinct from, and mechanically connected to, the seal portion via penetration of the sealing material into the porous material, as presently recited in claim 1.
In response, the Office does not see a clear distinction between the gasket of Uchida (as described in col. 1, lines 58-61 and illustrated in Fig. 1C) and Applicant’s cell seal as currently claimed. Applicant’s “support portion” comprises a porous material that is a glass fiber fabric, the same as Uchida. Applicant’s sealing material comprises an elastomer. Uchida further teaches PTFE and fluororubber. As stated above, Applicant argues dimensional stability, improved handling characteristics, and improved placement characteristics, etc.; however, at least as currently recited, the glass fiber fabric of Uchida meets the claimed limitation of “impart a mechanical stability” by virtue of being embedded in the polymer. For these reasons, the prior art rejection is maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jeong et al. (US 2018/0114993) teaches a frame gasket including reinforced fibers 11 (e.g., glass, aramid, and carbon fibers) and an elastic base 10 (Figs. 1-4).
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 CARLOS BARCENA whose telephone number is (571)270-5780. The examiner can normally be reached Monday-Thursday 8-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tong Guo can be reached at (571)272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CARLOS BARCENA/Primary Examiner, Art Unit 1723
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