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 Status
Claims 7-10 and 15 have been withdrawn.
Claims 1-6, 11, 14 have been amended; support for the amendment can be found in Fig. 4.
Claims 16 and 17 are newly added; support for these claims can be found in Fig. 4.
Claims 1-6, 11-14 and 15-17 have been examined on the merits.
Response to Arguments
Applicant's arguments filed 07/21/2026 have been fully considered but they are not persuasive.
Applicant argues that Hu fails to disclose the amended limitations of claim 1 (9-10).
This argument is not found persuasive because Hu discloses a first embodiment wherein a distributor plate (Fig. 8; 100) for an electrochemical cell (“fuel cell”; [0121]), wherein the distributor plate (100) has a structure (Fig. 8; structure of 100) comprising connecting portions (Fig. 8; 104) with surfaces (annotated Fig. 8; S) and lateral surfaces (annotated Fig. 8; LS), and main ducts (Fig. 8; 102, 103) having floor surfaces (Fig. 8; surface of 102 and 103; “FS”) connecting to the lateral surfaces (LS),
wherein a plurality of secondary ducts (Fig. 8; 105) on the surfaces (S) extend at least onto the lateral surfaces (LS),
wherein the surfaces (S) are provided with a pattern (Fig. 8; pattern of 104 and 105; “P”), and wherein the distributor plate (100) has at least two regions (annotated Fig. 8; 1R, 2R, 3R) in which the patterns (P) on the surfaces (S) differ from one another (Fig. 8).
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Hu also discloses a second embodiment having
a distributor plate (Fig. 14; 100) for an electrochemical cell (“fuel cell”; [0121]), wherein the distributor plate (100) has a structure (Fig. 14; structure of 100) comprising connecting portions (Fig. 14; 104, 105) with surfaces (annotated Fig. 14; S) and lateral surfaces (annotated Fig. 13; LS), and main ducts (Fig. 14; 102, 103) having floor surfaces (annotated Fig. 13; FS) connecting to the lateral surfaces (LS),
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wherein a plurality of secondary ducts (Fig. 13, annotated Fig. 14; O, P, Q) on the surfaces (S) extend at least onto the lateral surfaces (LS)
wherein the surfaces (S) are provided with a pattern (Fig. 14; pattern of 104 and 105; “P”), and wherein the distributor plate (100) has at least two regions (annotated Fig. 14; 1R, 2R, 3R) in which the patterns (P) on the surfaces (S) differ from one another (Fig. 14).
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Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 11-13, 16 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hu (US 20210296660 A1).
Embodiment I
Regarding claim 1, Hu discloses a distributor plate (Fig. 8; 100) for an electrochemical cell (“fuel cell”; [0121]), wherein the distributor plate (100) has a structure (Fig. 8; structure of 100) comprising connecting portions (Fig. 8; 104) with surfaces (annotated Fig. 8; S) and lateral surfaces (annotated Fig. 8; LS), and main ducts (Fig. 8; 102, 103) having floor surfaces (Fig. 8; surface of 102 and 103; “FS”) connecting to the lateral surfaces (LS),
wherein a plurality of secondary ducts (Fig. 8; 105) on the surfaces (S) extend at least onto the lateral surfaces (LS),
wherein the surfaces (S) are provided with a pattern (Fig. 8; pattern of 104 and 105; “P”), and wherein the distributor plate (100) has at least two regions (annotated Fig. 8; 1R, 2R, 3R) in which the patterns (P) on the surfaces (S) differ from one another (Fig. 8).
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Regarding claim 2, Hu discloses wherein the distributor plate (100) has an inlet region (annotated Fig. 8; IR) and an outlet region (annotated Fig. 8; OR), each with a port structure (annotated Fig. 8; PS), and the at least two regions (1R, 2R, 3R) are arranged one behind another between the inlet region (IR) and the outlet region (OR).
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Regarding claim 3, Hu discloses wherein the plurality of secondary ducts (Fig. 8; 105) for each of the surfaces (S) increases in a direction (Fig. 9; a) from the inlet region (IR) to the outlet region (OR).
Regarding claim 11, Hu discloses further comprising wherein the plurality of secondary ducts (Fig. 8; 105) have floor surfaces (Fig. 8; surface of 105) with the pattern (P).
Regarding claim 16, wherein the plurality of secondary ducts (105) on the surfaces (S) extend at least onto (i.e. indirectly) the floor surfaces (FS).
Embodiment II
Regarding claim 1, Hu discloses a distributor plate (Fig. 14; 100) for an electrochemical cell (“fuel cell”; [0121]), wherein the distributor plate (100) has a structure (Fig. 14; structure of 100) comprising connecting portions (Fig. 14; 104, 105) with surfaces (annotated Fig. 14; S) and lateral surfaces (annotated Fig. 13; LS), and main ducts (Fig. 14; 102, 103) having floor surfaces (annotated Fig. 13; FS) connecting to the lateral surfaces (LS),
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wherein a plurality of secondary ducts (Fig. 13, annotated Fig. 14; O, P, Q) on the surfaces (S) extend at least onto the lateral surfaces (LS)
wherein the surfaces (S) are provided with a pattern (Fig. 14; pattern of 104 and 105; “P”), and wherein the distributor plate (100) has at least two regions (annotated Fig. 14; 1R, 2R, 3R) in which the patterns (P) on the surfaces (S) differ from one another (Fig. 14).
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Regarding claim 2, Hu discloses wherein the distributor plate (100) has an inlet region (annotated Fig. 14; IR) and an outlet region (annotated Fig. 14; OR), each with a port structure (annotated Fig. 14; PS), and the at least two regions (1R, 2R, 3R) are arranged one behind another between the inlet region (IR) and the outlet region (OR).
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Regarding claim 3, Hu discloses wherein the plurality of secondary ducts (O, P, Q) for each of the surfaces (S) increases in a direction (Fig. 14; a) from the inlet region (IR) to the outlet region (OR).
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Regarding claim 4, Hu discloses wherein at least a first region (annotated Fig. 14; 1R), a second region (annotated Fig. 14; 2R), and a third region (annotated Fig. 14; 3R) are arranged one behind another (Fig. 14) in the direction (a) from the inlet region (IR) to the outlet region (OR),
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wherein in the first region (1R) at least one of the plurality of secondary ducts (O, P, Q) opens into an end structure (Fig. 13; 710, 720), wherein the at least one secondary duct (O P, Q) in the end structure (710, 720) branches into (Fig. 13) at least two sub-ducts (Fig. 13; 710, 720),
in the second region (2R) the pattern (P) of the surfaces (S) have distributor ducts (annotated Fig. 13, Fig. 14; 105 in 2R), wherein the distributor ducts (105) have a respective larger diameter (annotated Fig. 13; D1) than the plurality of secondary ducts (annotated Fig. 13; D2)
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Regarding claim 11, Hu discloses wherein the plurality of secondary ducts (O,P, Q) have floor surfaces (annotated Fig. 13; FS2) also having the pattern (P).
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Regarding claim 12, Hu discloses wherein the at least two sub-ducts (710, 720) have a respective smaller diameter (Fig. 13; diameter of 710 and 720) than the at least one secondary duct (annotated Fig. 13; D2).
Regarding claim 13, Hu discloses wherein the pattern (P) additionally comprises the distributor ducts (annotated Fig. 13, Fig. 14; 105).
Alternate Interpretation
Regarding claim 1, Hu discloses a distributor plate (Fig. 8; 100) for an electrochemical cell (“fuel cell”; [0121]), wherein the distributor plate (100) has a structure (Fig. 8; structure of 100) comprising connecting portions (Fig. 8; 104) with surfaces (annotated Fig. 8; LS) and lateral surfaces (annotated Fig. 8; S), and main ducts (Fig. 8; 102, 103) having floor surfaces (Fig. 8; surface of 102 and 103; “FS”) connecting (i.e. indirectly) to the lateral surfaces (S),
wherein a plurality of secondary ducts (Fig. 8; 105) on the surfaces (LS) extend at least onto the lateral surfaces (S),
wherein the surfaces (LS) are provided with a pattern (Fig. 8; pattern of 104 and 105; “P”), and wherein the distributor plate (100) has at least two regions (annotated Fig. 8; 1R, 2R, 3R) in which the patterns (P) on the surfaces (S) differ from one another (Fig. 8).
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Regarding claim 17, Hu discloses wherein the plurality of secondary ducts (105) extend continuously (Fig. 8) across the lateral surfaces (S).
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.
Claims 5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 20210296660 A1) as applied to claim 3, embodiment I, above in view of Owejan (US-20090191351-A1) and Vyas (US 20060216571 A1).
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Regarding claim 5, Hu discloses wherein at least a first region (annotated Fig. 8; 1R), a second region (annotated Fig. 8; 2R), and a third region (annotated Fig. 8; 3R) are arranged one behind another (Fig. 8) in the direction (a) from the inlet region (IR) to the outlet region (OR),wherein the surfaces (S) of the connecting portions (104, 105) have contact regions (annotated Fig. 8; CR) and lateral surfaces (annotated Fig. 8; LS), and
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Hu fails to disclose wherein in the first region in the contact regions secondary ducts of the plurality of secondary ducts have hydrophobic secondary duct surfaces and, on the lateral surfaces and the floor surfaces , there are at least partially hydrophilic surface properties,
in the second region, the secondary ducts of the plurality of secondary ducts in the second region partially have a hydrophobic secondary duct surface and have a hydrophilic secondary duct surface , and/or in the third region there are more secondary ducts of the plurality of secondary ducts with a hydrophilic secondary duct surface than secondary ducts of the plurality of secondary ducts with a hydrophobic secondary duct surface .
Owejan discloses contact regions (“lands”; [0022]) having hydrophobic ([0022]) surfaces and, on lateral surfaces (“sidewalls”; [0022]) and floor surfaces (“channel bottom”; [0022]) , there are at least partially hydrophilic surface properties (“super-hydrophilic”; [0022]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Hu by adding a hydrophilic property to Hu’s lateral surface and floor surfaces and a hydrophobic property to Hu’s contact regions as taught by Owejan such that in the first region in the contact regions the secondary ducts of the plurality of secondary ducts have hydrophobic secondary duct surfaces and, on the lateral surfaces and the floor surfaces , there are at least partially hydrophilic surface properties and the secondary ducts in the second region at least partially having a hydrophobic secondary duct surface in order to maximize water transport without adding electrical resistance as taught by Owejan ([0022]).
Hu in view of Owejan fails to disclose the secondary ducts in the second region having a hydrophilic secondary duct surface , and/or in the third region there are more secondary ducts of the plurality of secondary ducts with a hydrophilic secondary duct surface than secondary ducts of the plurality of secondary ducts with a hydrophobic secondary duct surface .
Vyas discloses contact regions (Fig. 2; 64) having a hydrophilic surface (Fig. 2; 68).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Hu in view of Owejan by adding the hydrophilic surface of Vyas to the contact regions of Hu in view of Owejan, such that the secondary ducts in the second region have a hydrophobic (Owejan) secondary duct surface and have a hydrophilic (Vyas) secondary duct surface, in order to simultaneously provide hydrophilicity to improve water transport ([0014]) and conductivity to distributor plate ([0029]).
Regarding claim 14, Hu in view of Owejan and Vyas discloses wherein, in the second region (2R), the secondary ducts (annotated Fig. 8; SD1 modified by Owejan and Vyas) have the hydrophobic (Owejan) secondary duct surface (annotated Fig. 8; surface of SD1 which is modified by Owejan and Vyas) and the hydrophilic (Vyas) secondary duct surface (annotated Fig. 8; surface of SD2 which is modified by Owejan and Vyas) arranged in alternation (annotated Fig. 8; SD1 and SD2).
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The examiner notes that the present claim language does not require that secondary ducts have only hydrophobic or hydrophilic secondary duct surfaces. Thus, the combination of Hu in view of Owejan and Vyas, which has secondary duct surfaces having a hydrophobic surface (and a hydrophilic surface) arranged in alternation with secondary duct surfaces having a hydrophilic surface (and a hydrophobic surface) satisfies the claim language.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 20210296660 A1) as applied to claim 1, embodiment I, above in view of Carlstrom (US 20210005904 A1).
Regarding claim 6, Hu fails to disclose wherein the plurality of secondary ducts have a respective width and/or a depth in a range from 1 um to 150 um.
Carlstrom discloses wherein secondary ducts (Fig. 7; 440) have a respective width ([0032]) and/or a depth ([0032]) in a range from 1 um to 150 um (“0.0005″ to 0.015″”; [0032] which is 12.7 um to 381 um).
It would have been obvious to one of ordinary skill in the art to have modified Hu by substituting the undisclosed width and/or depth of Hu’s secondary ducts for the width and/or depth of Carlstrom’s secondary ducts, such that the width and/or depth ranged from 12.7 um to 150 um in order to predictably allow water removal as taught by Carlstrom ([0032]).
Conclusion
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 GRACE A KENLAW whose telephone number is (571)272-1253. The examiner can normally be reached M-F 9:00 AM-6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette-Thompson can be reached at (571) 270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G.A.K./Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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