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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-7 in the reply filed on May 07, 2026 is acknowledged.
Claims 8-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on May 07, 2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 5 is objected to because of the following informalities: in line 1, “the contacting assembly according to any one of” should read “the contacting assembly according to”. Appropriate correction is required.
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 1-2 and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yun et al.
(KR 20120085537 A, machine translation provided by Applicant on August 31, 2023, and hereinafter “Yun”).
Regarding claim 1, Yun discloses a contacting assembly of a bipolar plate (see Annotated Fig. 6 below, contacting assembly) comprising: first and second half-sheets spaced apart from one another in parallel ([0039] and see Annotated Fig. 6 below, first and second half-sheets that are separators 220), wherein each half-sheet has embossing elements and the embossing elements of the first and second half-sheets face one another ([0039] and see Annotated Fig. 6 below, protrusions 222 on first and second half-sheets), and wherein a connecting pin inserted between the first and second half-sheets makes contact with the embossing elements of the first and second half-sheets ([0045], [0051]-[0052], and Figs. 5 and 6, plate-like contact terminal 320 inserted into metal separation plate interval and adhering to protrusions 222).
Yun Annotated Fig. 6
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Regarding claim 2, Yun discloses the limitations of claim 1. Yun further discloses wherein the embossing elements of the first half-sheet are offset with respect to at least one embossing element of the second half-sheet (see Annotated Fig. 6 above, protrusions 222).
Regarding claim 5, Yun discloses the limitations of claim 1. Yun further discloses wherein the connecting pin makes contact exclusively with embossing elements of the half-sheets, but not with flat regions of the half-sheets outside the embossing elements (see Annotated Fig. 6 above, contact terminal 320 and protrusions 222).
Regarding claim 6, Yun discloses the limitations of claim 1. Yun further discloses wherein the connecting pin comprises a spring tongue ([0045] and [0051]-[0052], contact terminal 320 has elasticity and a force of restitution when bent).
Regarding claim 7, Yun discloses the limitations of claim 1. Yun further discloses wherein the embossing elements of at least one of the half-sheets comprise resilient abutments of the connecting pin ([0052], and Fig. 6, protrusions 222 adhere closely to and are steadily connected to contact terminal 320). It is the examiner’s opinion that because the protrusions are abutting against the contact terminal and are steadily connected to the contact terminal, they are considered resilient abutments.
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.
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 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Brandt (US 2015/0311539 A1) in view of Yun (KR 20120085537 A).
Regarding claim 1, Brandt discloses first ([0038] and Figs. 4 and 5, lower plate element 12) and second ([0038] and Figs. 4 and 5, upper plate element 10) half-sheets spaced apart from one another in parallel, and wherein each half-sheet has embossing elements and the embossing elements of the first and second half-sheets face one another ([0038]-[0039] and see Annotated Figs. 4 and 5 below, elevations and depression that are spaces between protrusions 14). The examiner notes that the protrusions of Brandt on each plate element face away from the respective other plate element ([0039]), so the spaces between the protrusions are considered to be facing towards the respective other plate element. Brandt does not disclose a contacting assembly comprising the first and second half-sheets, and wherein a connecting pin inserted between the first and second half-sheets makes contact with the embossing elements of the first and second half-sheets.
Yun discloses a contacting assembly comprising the first and second half-sheets (see Yun Annotated Fig. 6 above, contacting assembly and first and second half-sheets that are separators 220), and wherein a connecting pin inserted between the first and second half-sheets makes contact with the embossing elements of the first and second half-sheets ([0045], [0051]-[0052], and Figs. 5 and 6, plate-like contact terminal 320 inserted into metal separation plate interval and adhering to protrusions 222).
Brandt and Yun are considered to be analogous to the claimed invention because they are in the same field of fuel cell bipolar plates. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bipolar plate of Brandt with the teachings of Yun, and one of ordinary skill would have a reasonable expectation of success in doing so. Doing so would allow for measurement of the fuel cell stack voltage, preventing degradation during operation (Yun [0005]).
Brandt Annotated Fig. 4
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Brandt Annotated Fig. 5
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Regarding claim 2, modified Brandt discloses the limitations of claim 1. Brandt further discloses wherein the embossing elements of the first half-sheet are offset with respect to at least one embossing element of the second half-sheet (see Brandt Annotated Figs. 4 and 5 above, elevations and depression).
Regarding claim 3, modified Brandt discloses the limitations of claim 1. Modified Brandt further discloses wherein the connecting pin makes contact (Yun [0045], [0051]-[0052], and Figs. 5 and 6, plate-like contact terminal 320 inserted into metal separation plate interval and adhering to protrusions 222) with four embossing elements of the first half-sheet arranged in a rectangular pattern and formed as four elevations (see Brandt Annotated Figs. 4 and 5, elevations), and with a single embossing element of the second half-sheet formed as a depression (see Brandt Annotated Figs. 4 and 5, depression), wherein said depression of the second half-sheet is arranged within the rectangular pattern (see Brandt Annotated Figs. 4, depression located inside rectangular pattern formed by four elevations). In Brandt Annotated Fig. 4 above, the connecting pin would be arranged along the arrow denoting the depression.
Regarding claim 4, modified Brandt discloses the limitations of claim 1. Brandt further discloses wherein the connecting pin is tangent to the four elevations arranged in a rectangular pattern (see Annotated Fig. 4 above, elevations), in a lateral region positioned at an angle (α) greater than 0° and less than 90° oblique to the planes in which the half-sheets are arranged, and makes central contact with the depression of the second half-sheet (see Annotated Fig. 4 above, depression). In Fig. 5, angle α is less than an angle β that defines semicircular knobs 24 ([0043] and see Annotated Fig. 5 above). It is the examiner’s opinion that angle β must be less than or equal to 90° in order to define the second semicircular knobs 24, and therefore angle α must be less than 90° and greater than 0° in order to define the elevations. In the Annotated Fig. 5 above, angle α appears to be approximately 45°. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jackie Liang whose telephone number is (571)272-0880. The examiner can normally be reached M-F 8:45AM - 4:45PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T. Barton can be reached at (571)-272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.L./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 12 June 2026
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