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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 7, the terms “type” and “types” in claim 7 are indefinite in that it is unclear what is meant by “type” or “types” of polar plate units in regard to the anode plate and the cathode plate
The addition of the word “type” extends the scope of the claims so as to render them indefinite since it is unclear what “type” is intended to convey. The addition of the word “type” to the otherwise definite expression renders the definite expression indefinite by extending its scope. Ex parte Copenhaver, 109 USPQ 118 (Bd. App. 1955).
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.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stoehr et al (US 2017/0324099 A1).
Regarding claim 1, Stoehr discloses a bipolar plate (separator plate for a fuel cell system; paragraph [0002]) comprising an anode plate (Fig. 9-a #2a; paragraph [0075]) and a cathode plate (Fig. 9-b #2b; paragraph [0075]), characterized in that the anode plate and the cathode plate comprise a plurality of polar plate units (layers #2a and #2b; Fig. 9-a; #2a and #2b; paragraph [0075]); each of the polar plate units comprises a left rib (portion of layer left of bead feet #37; Fig. paragraph [0075]), a left side plate (Fig. 9-a #38; paragraph [0075]), a middle rib (Fig. 9-a #39; paragraph [0075]), a right side plate (Fig. 9-a; #38’; paragraph [0075]), and a right rib (portion of layer right of bead feet #37’; paragraph [0075]); the left rib, the middle rib, and the right rib are formed by wavy surfaces (bead comprising bead flanks and bead roof having a wavy shape; Fig. 9-a; paragraph [0075]); the left side plate is connected to the left rib and the middle rib (Fig. 9-a #38; paragraph [0075]), and the right side plate is connected to the right rib and the middle rib (Fig. 9-a #38; paragraph [0075]).
The bipolar plate capable of enhancing fluid disturbance for fuel cells is an intended use limitation that would be inherently met by Stoehr.
Since the structure of the separator plate of Stoehr is the same as the bipolar plate as claimed in claim 1, the separator plate of Stoehr would inherently enhance fluid disturbance for fuel cells.
Regarding claim 2, Stoehr discloses the bipolar plate of claimed 1 as noted above and Stoehr discloses the bipolar plate (separator plate for a fuel cell system; paragraph [0002]) comprising a peak of the wavy surface of the left rib and a peak of the wavy surface of the right rib being identical and spaced apart from a peak of the wavy surface of the middle rib (bead comprising bead flanks and bead roof having a wavy shape; Fig. 9-a; paragraph [0075]).
Regarding claim 3, Stoehr discloses the bipolar plate of claimed 1 as noted above and Stoehr discloses the bipolar plate (separator plate for a fuel cell system; paragraph [0002]) comprising the wavy surfaces of the left rib, middle rib, and right rib designed according to a sine function (sealing structure extending sinuously with at least two wave periods; Abstract).
Regarding claim 4, Stoehr discloses the bipolar plate of claimed 1 as noted above and Stoehr discloses the bipolar plate (separator plate for a fuel cell system; paragraph [0002]) comprising the left side plate and the right side plate formed by lofted surfaces (bead flanks #38 and #38’ are lofted; Fig. 9-a; paragraph [0075])
Regarding claim 5, Stoehr discloses the bipolar plate of claimed 4 as noted above and Stoehr discloses the bipolar plate (separator plate for a fuel cell system; paragraph [0002]) comprising the lofted surface of the left side plate constructed with a contour of the left rib as guide paths and the lofted surface of the right side plate constructed with a contour of the right rib as guide paths (contour of bead feet #37 and #37 providing shape of bead flanks #38 and #38’; paragraph [0075]).
Regarding claim 6, Stoehr discloses the bipolar plate of claimed 5 as noted above and Stoehr discloses the bipolar plate (separator plate for a fuel cell system; paragraph [0002]) comprising auxiliary constraint paths set on the guide path of the lofted surface of the left side plate based on the contour of the left rib and the contour of the middle rib (continuations #33 connected to bead flank #38; paragraph [0075]) and auxiliary constraint paths set on the guide path of the lofted surface of the right side plate based on the contour of the right rib and the contour of the middle rib (continuations #33 connected to bead flank #38’; paragraph [0075]).
Regarding claim 7, Stoehr discloses the bipolar plate of claimed 6 as noted above and Stoehr discloses the bipolar plate (separator plate for a fuel cell system; paragraph [0002]) comprising the anode plate and the cathode plate comprising one kind of polar plates (separator plate comprising two metallic individual plates; paragraph [0011]).
Regarding claim 8, Stoehr discloses the bipolar plate of claimed 1 as noted above and Stoehr discloses the bipolar plate (separator plate for a fuel cell system; paragraph [0002]) comprising the anode plate and the cathode plate mounted back-to-back where the troughs of the anode plate and the cathode plate are connected together (weld connections between metallic individual plates; paragraph [0011]) and wherein the anode plate and the cathode plate are welded together to form an integrated bipolar plate structure (weld connections between metallic individual plates; paragraph [0011]).
Regarding claim 9, Stoehr discloses the bipolar plate of claimed 1 as noted above and Stoehr discloses the bipolar plate (separator plate for a fuel cell system; paragraph [0002]) comprising the anodic reactant flow regions in the adjacent polar plate units being connected (channel structures in layer #2a; paragraph [0055]) and the cathodic reactant regions in the adjacent polar plate units being connected (channel structures in layer #2b; paragraph [0055]) and the cooling liquid flow regions in the adjacent polar plate units being connected (coolant distributed in cavity between layers #2a and #2b; paragraph [0055]).
Regarding claim 10, Stoehr discloses the bipolar plate of claimed 1 as noted above and Stoehr discloses the bipolar plate (separator plate for a fuel cell system; paragraph [0002]) comprising a flow region on a upper surface of the anode plate forming an anodic flow field of the bipolar plate (channel structures in layer #2a; paragraph [0055]), a flow region on a lower surface of the cathode plate forming a cathodic flow field of the bipolar plate (channel structures in layer #2b; paragraph [0055]) and a flow region between a lower surface of the anode plate and an upper surface of the cathode plate forming a cooling flow field of the bipolar plate (coolant distributed in cavity between layers #2a and #2b; paragraph [0055]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SATHAVARAM I REDDY whose telephone number is (571)270-7061. The examiner can normally be reached Monday-Friday 9:00 AM-6:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Ruthkosky can be reached at (571)-272-1291. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SATHAVARAM I REDDY/Examiner, Art Unit 1785
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