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 § 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 8, 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Voigt (US 2023/0402638), and further in view of Haga (US 2022/0285702).
As to claim 1, Voigt discloses a system (figures 1-2 and 4, [0008], the fuel cell system) comprising: a plurality of fuel cell stacks (figures 1-2 and 4, #3, [0025], there are two fuel cell stacks), wherein each of the plurality of fuel cell stacks includes at least one fuel cell (figures 1-2 and 4 #2, [0025]); and a first endplate (figures 1-2 and 4, #4, [0025]) and a second endplate (figures 1-2, and 4 #5, [0025]), wherein a first fuel cell stack of the plurality of fuel cell stacks and a second fuel cell stack of the plurality of fuel cell stacks are both located between the first endplate and the second endplate (figures 1-2 and 4 #2, #3, #4 and #5, [0025]).
Voigt is silent to a balance of plant (BOP) configured to monitor and control operation of the plurality of the fuel cell stacks wherein the BOP is operatively coupled to at least one of the first endplate and the second endplate to deliver, transfer, and vent fuel and oxidant to and from the plurality of fuel cell stacks.
Haga discloses a plurality of fuel cell stacks (figure 1 #101 and #102) wherein a balance of plant (BOP) configured to monitor and control operation of the plurality of the fuel cell stacks (figure 1 #50, [0173], discussed throughout) wherein the BOP is operatively coupled to an end plate (figure 1 #50, the controller is connected to the system controlling the valves and thus connected, the end plate are discussed within [0052], discussed throughout) to deliver, transfer, and vent fuel and oxidant to and from the plurality of fuel cell stacks (figure 1, [0018], [0044], [0099]-[0102], [0106]-[0107] and [0108]-[0112], discussed throughout). It would have been obvious to one of ordinary skill within the art at the time of the effective filling dates of the invention to use the controller from Haga within Voigt because the controller con control and minimize impurities thus decreasing time for maintenance and inspections ([0016], discussed throughout). Additionally it would have been obvious to one of ordinary skill within the art as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143 I).
As to claim 8, Voigt is silent to wherein, the plurality of fuel cell stacks includes at least the first fuel cell stack, the second fuel cell stack, a third fuel cell stack, and a fourth fuel cell stack. However, it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to add more cells stacks as a mere duplication of parts barring any criticality or unexpected results (see MPEP 2144.04).
As to claim 10, Voigt discloses a system (figures 1-2 and 4, [0008], the fuel cell system) comprising: a housing (figures 1-2 and 4 #12 and #8, [0026]) enclosing a plurality of fuel cell stacks (figures 1-2 and 4 #3, [0025]), wherein each fuel cell stack of the plurality of fuel cell stacks includes at least one fuel cell (figures 1-2 and 4 #2, [0025]).
Voigt is silent to a balance of plant (BOP) configured to monitor and control operation of the plurality of the fuel cell stacks, a balance of plant (BOP) configured to monitor and control operation of the plurality of the fuel cell stacks.
Haga discloses a plurality of fuel cell stacks (figure 1 #101 and #102) wherein a balance of plant (BOP) configured to monitor and control operation of the plurality of the fuel cell stacks (figure 1 #50, [0173], discussed throughout) wherein the BOP is operatively coupled to an end plate (figure 1 #50, the controller is connected to the system controlling the valves and thus connected, the end plate are discussed within [0052], discussed throughout) to deliver, transfer, and vent fuel and oxidant to and from the plurality of fuel cell stacks (figure 1, [0018], [0044], [0099]-[0102], [0106]-[0107] and [0108]-[0112], discussed throughout). It would have been obvious to one of ordinary skill within the art at the time of the effective filling dates of the invention to use the controller from Haga within Voigt because the controller con control and minimize impurities thus decreasing time for maintenance and inspections ([0016], discussed throughout). Additionally it would have been obvious to one of ordinary skill within the art as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143 I).
As to claim 11, Voigt discloses further comprising a first endplate on a top side of the plurality of fuel cell stacks (figures 1-2 and 4 #4, [0025]) and a second endplate on a bottom side opposite the top side of the plurality of fuel cell stacks (figures 1-2 #5, [0025]), wherein the BOP is coupled to the plurality of fuel cells stacks via at least one of the first endplate and the second endplate (figure 1, [0050], the controller is connected to the valves connected to the pipes, thus the components are connected, Haga).
Claims 1-15 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kraft (DE 102020206794 see attached translation) in view of Haga (US 2022/0285702).
As to claim 1, Kraft discloses a system (figures 1- 4, #100, discussed throughout) comprising: a plurality of fuel cell stacks (figures 1-4, #102a and 102b, discussed throughout), wherein each of the plurality of fuel cell stacks includes at least one fuel cell (figures 1-4, a fuel cell stack would have a fuel cell, page 9); and a first endplate (figures 1 and 4, #114a or #114b or #110 or #112, discussed throughout) and a second endplate (figures 1 and 4, #114a or #114b or #110 or #112, discussed throughout), wherein a first fuel cell stack of the plurality of fuel cell stacks and a second fuel cell stack of the plurality of fuel cell stacks are both located between the first endplate and the second endplate (figures 1 and 4).
Kraft is silent to a balance of plant (BOP) configured to monitor and control operation of the plurality of the fuel cell stacks wherein the BOP is operatively coupled to at least one of the first endplate and the second endplate to deliver, transfer, and vent fuel and oxidant to and from the plurality of fuel cell stacks.
Haga discloses a plurality of fuel cell stacks (figure 1 #101 and #102) wherein a balance of plant (BOP) configured to monitor and control operation of the plurality of the fuel cell stacks (figure 1 #50, [0173], discussed throughout) wherein the BOP is operatively coupled to an end plate (figure 1 #50, the controller is connected to the system controlling the valves and thus connected, the end plate are discussed within [0052], discussed throughout) to deliver, transfer, and vent fuel and oxidant to and from the plurality of fuel cell stacks (figure 1, [0018], [0044], [0099]-[0102], [0106]-[0107] and [0108]-[0112], discussed throughout). It would have been obvious to one of ordinary skill within the art at the time of the effective filling dates of the invention to use the controller from Haga within Kraft because the controller con control and minimize impurities thus decreasing time for maintenance and inspections ([0016], discussed throughout). Additionally it would have been obvious to one of ordinary skill within the art as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143 I).
As to claim 2, Kraft is discloses wherein, the at least one fuel cell of the first fuel cell stack of the plurality of fuel cell stacks includes a mirrored cathode current collector plate including a first end and a second end opposite the first end and the at least one fuel cell of the second fuel cell stack of the plurality of fuel cell stacks includes a mirrored anode current collector plate including a first end and a second end opposite the first end (figures 1-4, #114a or #114b or #110 or #112, discussed throughout), and wherein the mirrored cathode current collector plate and the mirrored anode current collector plate are located side by side such that the second end of the mirrored cathode current collector plate is placed next to the first end of the mirrored anode current collector plate (figures 1- 4, #114a or #114b or #110 or #112, discussed throughout).
As to claim 3, Kraft discloses wherein, the mirrored cathode current collector plate of the first fuel cell stack of the plurality of fuel cell stacks is a mirror image of the mirrored anode current collector plate of the second fuel cell stack of the plurality of fuel cell stacks relative to a longitudinal axis (figures 2-3, discussed throughout).
As to claim 4, Kraft discloses wherein, each of the mirrored cathode current collector plate and the mirrored anode current collector plate defines a plurality of ports, and wherein a first plurality of ports of the mirrored cathode current collector plate is a mirror image of a second plurality of ports of the mirrored anode current collector plate relative to the longitudinal axis (figures 2-3 #138 are the ports, discussed throughout).
As to claim 5, Kraft discloses wherein, the first plurality of ports of the mirrored cathode current collector plate includes a first port located on a top half of the mirrored cathode current collector plate and a second port located on a bottom half of the mirrored cathode current collector plate, wherein the first port and the second port are symmetric with one another relative to a lateral axis that is perpendicular to the longitudinal axis (figures 2 and 3, discussed throughout).
As to claim 6, Kraft discloses wherein, at least one of the first endplate and the second endplate is a cathode endplate, and wherein the other of the at least one of the first endplate and the second endplate is an anode endplate (figures 1 and 4, #114a or #114b or #110 or #112, discussed throughout).
As to claim 7, Kraft discloses wherein, the BOP is coupled to at least one of the first endplate and the second endplate using one of ducts or hoses (figure 1, Haga, the controller is connected to the valves connected to the end plates through the pipes, discussed throughout).
As to claim 8, Kraft is silent to wherein, the plurality of fuel cell stacks includes at least the first fuel cell stack, the second fuel cell stack, a third fuel cell stack, and a fourth fuel cell stack. However, it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to add more cells stacks as a mere duplication of parts barring any criticality or unexpected results (see MPEP 2144.04).
As to claim 9, Kraft discloses wherein, the first fuel cell stack of the plurality of fuel cell stacks is electrically coupled to the second fuel cell stack of the plurality of fuel cell stacks via a bus bar (figure 4 #129, discussed throughout).
As to claim 10, Kraft discloses a system (figures 1-4 #100, discussed throughout) comprising: a housing (figures 1 and 4 #124, discussed throughout) enclosing a plurality of fuel cell stacks (figures 1 and 4 #102a and #102b, discussed throughout), wherein each fuel cell stack of the plurality of fuel cell stacks includes at least one fuel cell (figures 1 and 4, fuel cell stacks comprise fuel cells, page 9).
Kraft is silent to a balance of plant (BOP) configured to monitor and control operation of the plurality of the fuel cell stacks, a balance of plant (BOP) configured to monitor and control operation of the plurality of the fuel cell stacks.
Haga discloses a plurality of fuel cell stacks (figure 1 #101 and #102) wherein a balance of plant (BOP) configured to monitor and control operation of the plurality of the fuel cell stacks (figure 1 #50, [0173], discussed throughout) wherein the BOP is operatively coupled to an end plate (figure 1 #50, the controller is connected to the system controlling the valves and thus connected, the end plate are discussed within [0052], discussed throughout) to deliver, transfer, and vent fuel and oxidant to and from the plurality of fuel cell stacks (figure 1, [0018], [0044], [0099]-[0102], [0106]-[0107] and [0108]-[0112], discussed throughout). It would have been obvious to one of ordinary skill within the art at the time of the effective filling dates of the invention to use the controller from Haga within Kraft because the controller con control and minimize impurities thus decreasing time for maintenance and inspections ([0016], discussed throughout). Additionally it would have been obvious to one of ordinary skill within the art as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143 I).
As to claim 11, Kraft discloses further comprising a first endplate on a top side of the plurality of fuel cell stacks (figures 1 and 4, #114a or #114b or #110 or #112, discussed throughout) and a second endplate on a bottom side opposite the top side of the plurality of fuel cell stacks (figures 1 and 4, #114a or #114b or #110 or #112, discussed throughout), wherein the BOP is coupled to the plurality of fuel cells stacks via at least one of the first endplate and the second endplate (figure 1, [0050], the controller is connected to the valves connected to the pipes, thus the components are connected, Haga).
As to claim 12, Kraft discloses wherein, the at least one fuel cell of a first fuel cell stack of the plurality of fuel cell stacks includes a mirrored cathode current collector plate and the at least one fuel cell of a second fuel cell stack of the plurality of fuel cell stacks includes a mirrored anode current collector plate (figures 2 and 3, discussed throughout), the mirrored cathode current collector plate of the first fuel cell stack and the mirrored anode current collector plate of the second fuel cell stack being located side by side (figures 2 and 3, discussed throughout).
As to claim 13, Kraft discloses wherein, the mirrored cathode current collector plate of the first fuel cell stack is a mirror image of the mirrored anode current collector plate of the second fuel cell stack relative to a longitudinal axis (figures 2 and 3, discussed throughout).
As to claim 14, Kraft discloses wherein, each of the mirrored cathode current collector plate and the mirrored anode current collector plate defines a plurality of ports, and wherein a first plurality of ports of the mirrored cathode current collector plate is a mirror image of a second plurality of ports of the mirrored anode current collector plate relative to the longitudinal axis (figures 2 and 3, the ports being #138, discussed throughout).
As to claim 15, Kraft discloses wherein, the mirrored cathode current collector plate of the first fuel stack includes a positive electrical terminal and the mirrored anode current collector plate of the second fuel cell stack includes a negative electrical terminal (figure 4 #130a and #130b), Kraft is silent to wherein the positive electrical terminal is disposed on a first wall of the housing and the negative electrical terminal is disposed on a second wall of the housing, the second wall being opposite the first wall. However, it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to change the locations of the terminals as a mere re-arrangement of parts baring any criticality or unexpected results (see MPEP 2144.04).
As to claim 17, Kraft discloses a system (figures 1 #100, page 16) comprising: a first fuel cell (figure 2 #102a, discussed throughout) including a first fuel cell plate defining a first plurality of ports configured to deliver, transfer, and vent fuel and oxidant to and from the first fuel cell (figure 2 #138 better seen as #146, #148, #144, #142, #150, #140, discussed throughout); and a second fuel cell (figure 2 #102b, discussed throughout) including a second fuel cell plate defining a second plurality of ports configured to deliver, transfer, and vent fuel and oxidant to and from the second fuel cell (figure 2 #138 better seen as #146, #148, #144, #142, #150, #140, discussed throughout), wherein the first plurality of ports of the first fuel cell plate is a mirror image of the second plurality of ports of the second fuel cell plate relative to a longitudinal axis (figure 2 #138 better seen as #146, #148, #144, #142, #150, #140, discussed throughout; #152 is seen as the mirror plane), wherein the first fuel cell plate of the first fuel cell and the second fuel cell plate of the second fuel cell are located adjacent to one another such that positioning the first fuel cell in a first fuel cell stack and positioning the second fuel cell in a second fuel cell stack allows for the same delivery of reactants (figure 4).
Kraft is silent to one balance of plant (BOP) to monitor and control operation of both the first fuel cell stack and the second fuel cell stack.
Haga discloses a plurality of fuel cell stacks (figure 1 #101 and #102) wherein a balance of plant (BOP) configured to monitor and control operation of the plurality of the fuel cell stacks (figure 1 #50, [0173], discussed throughout) wherein the BOP is operatively coupled to an end plate (figure 1 #50, the controller is connected to the system controlling the valves and thus connected, the end plate are discussed within [0052], discussed throughout) to deliver, transfer, and vent fuel and oxidant to and from the plurality of fuel cell stacks (figure 1, [0018], [0044], [0099]-[0102], [0106]-[0107] and [0108]-[0112], discussed throughout). It would have been obvious to one of ordinary skill within the art at the time of the effective filling dates of the invention to use the controller from Haga within Voigt because the controller can control and minimize impurities thus decreasing time for maintenance and inspections ([0016], discussed throughout). Additionally it would have been obvious to one of ordinary skill within the art as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143 I).
As to claim 18, Kraft discloses wherein, the first fuel cell plate is a cathode current collector plate and the second fuel cell plate is an anode current collector plate (figures 1 and 4, discussed throughout).
As to claim 19, Voigt discloses wherein, the cathode current collector plate of the first fuel cell includes a positive electrical terminal and the anode current collector plate of the second fuel cell includes a negative electrical terminal (figures 1 and 4 #130 a and #130 b, discussed throughout).
As to claim 20, Kraft discloses further comprising a housing enclosing the first fuel cell stack and the second fuel cell stack (figures 1 and 4 #124, discussed throughout). Kraft is silent to such that the positive electrical terminal of the first fuel cell is disposed about a first wall of the housing and the negative electrical terminal of the second fuel cell is disposed about a second wall of the housing, the first wall being located opposite the second wall. However, it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to change the locations of the terminals as a mere re-arrangement of parts baring any criticality or unexpected results (see MPEP 2144.04).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over modified Kraft as applied to claim 15 above and further in view of Harvey (US 2022/0190378).
As to claim 16, Kraft discloses wherein, the housing and the BOP comprise a first fuel cell module (figures 1 and 4). Kraft is silent to wherein positioning the first fuel cell module adjacent to a second fuel cell module including a corresponding housing and BOP allows direct coupling of the negative electrical terminal of the first fuel cell module with a positive electrical terminal of the second fuel cell module without additional conductors to form a compact assembly of multiple fuel cell modules. Harvey discloses a fuel cell system (figure 5 #100, discussed throughout) wherein, the fuel cell modules are connected together (figures 3 and 4, [0059]). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to have the fuel cells of modified Kraft connected to one another as mere duplication of parts and known within the art as the fuel cell modules would be able to increase the amount of power while connected (see MPEP 2144.04 and MPEP 2143 I).
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST M-F.
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/BRIAN R OHARA/Examiner, Art Unit 1724
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