Prosecution Insights
Last updated: April 19, 2026
Application No. 18/319,663

LIGHTWEIGHT AND EFFICIENT BIPOLAR PLATE

Non-Final OA §102§103§112
Filed
May 18, 2023
Examiner
RASSOULI, LILI
Art Unit
1728
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Airbus Operations GmbH
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant

Examiner Intelligence

Grants only 0% of cases
0%
Career Allow Rate
0 granted / 0 resolved
-65.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
11 currently pending
Career history
11
Total Applications
across all art units

Statute-Specific Performance

§103
44.1%
+4.1% vs TC avg
§102
17.7%
-22.3% vs TC avg
§112
23.5%
-16.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§102 §103 §112
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 05/18/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Specification The disclosure is objected to because of the following informalities: Elements 3 and 101 shown in Fig. 2a and Fig. 2b are not disclosed in the specification. Appropriate correction is required. The applicant is required to review the drawings and ensure that all illustrated elements are property described in the specification. Claim Objections Claims 2 and 15 are objected to because of the following informalities: Regarding claim 2, an extraneous parenthesis, “)”, appears at the end of the claim (line 13). This is an error and must be corrected. Regarding claim 15, the word “an” appears at the end of the claim, which appears to be inadvertently included. This word must be deleted. Appropriate corrections are required. 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. Claims 5 and 9 are 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. Claim 5 recites the limitation "the internal distribution channels " in line 2. However, there is insufficient antecedent basis for this limitation because, although “a plurality of internal distribution channels” is recited in claim 1, line 12, “a plurality of internal distribution channels” recited in claim 1 do not appear to have the same orientation and properties as those recited in the claim 5. Accordingly, the relationship between these two elements is unclear. Applicant is advised to amend claim 1 to clearly define “a plurality of internal distribution channels” in a manner consistent with claim 5. Claim 9 recites “a respective lateral surface” in line 2. However, claim 1 previously recited “a plurality of lateral delimiting surfaces” in line 6. These terms appear to refer to the same structure. For examination purposes, “a respective lateral surface” recited in line 2 of claim 9 is therefore interpreted as corresponding to “a plurality of lateral delimiting surfaces” previously recited in line 6 of claim 1. Accordingly, to avoid the appearance of introducing a new element and to provide proper antecedent basis, applicant is advised to amend “a respective lateral surface” in line 2 of claim 9 to “the respective lateral delimiting surface”. 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. Claims 1-3, 5-12, and 14 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Zare et al. (US 20200020960 A1). Regarding claim 1, Zare teaches a bipolar plate (bipolar plate 405 in Fig 4A-4C) for a fuel cell stack (Abstract, Fig. 6, [0058]) the bipolar plate comprising: a first main boundary surface (first side of the bipolar plate, [0049]), a second main boundary surface (second side of the bipolar plate, [0049]), wherein the first and second main boundary surfaces are arranged parallel and at a distance to each other and define an interior space (Fig. 4A and Fig. 4B), wherein a plurality of lateral delimiting surfaces extend between outer edges of the first and second main boundary surfaces to enclose the interior space (Fig. 4A and Fig. 4B), wherein at least one of the lateral delimiting surfaces comprises a plurality of lateral openings (the top surface in Fig. 4A includes a plurality of openings; plurality of input holes 410), wherein the first main boundary surface, the second main boundary surface or both, comprise a plurality of axial openings (first side illustrated in Fig. 4A, and second side illustrated in Fig. 4B with plurality of openings), wherein a plurality of internal distribution channels are arranged inside the interior space at a distance to the first main boundary surface and the second main boundary surface ([0052]: a plurality of channels 440, Fig. 4B), and wherein the lateral openings of each of the at least one lateral delimiting surfaces are in fluid connection with the axial openings through at least a part of the internal distribution channels ([0055], claim 3). Regarding claim 2, Zare teaches all claim limitations of claim 1 as stated above. Zare further teaches a limitation wherein a first lateral delimiting surface comprises a plurality of first lateral openings (the top surface in Fig. 4A includes a plurality of openings; plurality of input holes 410), wherein a second lateral delimiting surface comprises a plurality of second lateral openings ([0025]: plurality of holes 110 may extend from the first side to a second side of the bipolar plate 116 wherein second side is different than the first side) , wherein the first main boundary surface comprises a plurality of first axial openings (Fig. 4A), wherein the second main boundary surface comprises a plurality of second axial openings (Fig. 4B), wherein first internal distribution channels and second internal distribution channels are arranged inside the interior space (First and second channels, [0055], [0056], Fig. 5)), wherein the first lateral openings are connected to the first axial openings through the first internal distribution channels ([0033]: the second channel may conduct the portion of the reactants 102 and/or the reaction products to the one or more output holes 112), and wherein the second lateral openings are connected to the second axial openings through the second internal distribution channels ([0055]: the channel 515 may extend from a first part of the second side of the bipolar plate 505 to a third side of the bipolar plate 505). Regarding claim 3, Zare teaches all claim limitations of claim 2 as stated above. Zare further teaches a limitation wherein the first lateral delimiting surface and the second lateral delimiting surface follow on each other in a circumferential direction and are arranged at an angle of 60° to 120° to each other ([0056]: an angle between the first direction and the second direction may be greater than 90 degrees and/or less than 90 degrees.). Regarding claim 5, Zare teaches all claim limitations of claim 1 as stated above. Zare further teaches a limitation wherein the internal distribution channels associated with the lateral openings of each of the at least one lateral delimiting surfaces are arranged parallel to each other (claim 6). Regarding claim 6, Zare teaches all claim limitations of claim 1 as stated above. Zare further teaches a limitation wherein the internal distribution channels are straight (Fig. 5, plurality of channels 510), and wherein each associated axial opening is in fluid connection with a respective internal distribution channel through a branch merging into the respective internal distribution channel (Fig. 5, 525). Regarding claim 7, Zare teaches all claim limitations of claim 6 as stated above. Zare further teaches a limitation wherein the branch has a curved shape that transitions between an intended flow direction of the respective internal distribution channel and an outflow axis of the respective axial opening (curved shape branch in Fig. 5). Regarding claim 8, Zare teaches all claim limitations of claim 1 as stated above. Zare further teaches a limitation wherein each lateral opening is associated with one internal distribution channel (Fig. 4B, Fig. 4C, Fig 5, [0052], [0055]: the plurality of channels 510 may be located across openings of the plurality of holes). Regarding claim 9, Zare teaches all claim limitations of claim 1 as stated above. Zare further implicitly teaches a limitation wherein the lateral openings of a respective lateral surface are arranged in a plurality of parallel lateral rows (Fig. 4A). Zare discloses a plurality of input holes 410 arranged on a lateral surface in a single row. Mere duplication of parts, providing multiple rows instead of a single row as shown in Zare, does not result in a patentably distinct structure and would have been obvious to one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960); see also MPEP § 2144.04. Regarding claim 10, Zare teaches all claim limitations of claim 1 as stated above. Zare further teaches a limitation wherein the axial openings of a respective main boundary surface are arranged in a matrix having a plurality of axial columns and a plurality of axial rows (enlarged view 430 of the plurality of holes 415 in Fig. 4A). Regarding claim 11, Zare teaches all claim limitations of claim 10 as stated above. Zare further implicitly teaches a limitation wherein a number of axial openings in a respective axial row or axial column corresponds to a number of lateral openings in a lateral row (based on [0026], flexible number of axial openings is interpreted). Zare teaches multiple axial openings and multiple lateral openings (elements 410 and 415 in Fig. 4A); the specific numerical correspondence between the axial openings and the lateral openings represents a matter of design choice. Mere duplication or reduction of parts, i.e., increasing or decreasing the number of lateral openings and/or axial openings relative to those shown in Zare, does not result in a patentably distinct structure and would have been obvious to one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960); see also MPEP § 2144.04. Regarding claim 12, Zare teaches all claim limitations of claim 1 as stated above. Zare further teaches a limitation wherein a diameter of the internal distribution channels exceeds a diameter of the lateral openings or of the axial openings, or of both ([0025], [0028], and [0032] teach different diameter for holes). Regarding claim 14, Zare teaches all claim limitations of claim 1 as stated above. Zare further teaches a limitation wherein a fuel cell stack comprises the bipolar plate ([0058], Fig. 6). 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. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Zare as applied to claim 2 above, and further in view of Kim et al. (KR 100664077 B1, citations from enclosed machine translation). Regarding claim 4, Zare teaches all claim limitations of claim 2 as stated above. Zare further teaches a limitation wherein the first lateral openings and the first internal distribution channels are arranged further to the first main boundary surface than to the second main boundary surface (interpreted from Fig. 5). Zare fails to teach a limitation wherein the second lateral openings and the second internal distribution channels are arranged further to the second main boundary surface than to the first main boundary surface, and wherein the first internal distribution channels and the second internal distribution channels are arranged at a distance to each other. However, Kim appears to teach the missing limitation. Specifically, Kim discloses that the first internal distribution channels and the second internal distribution channels of a bipolar plate (Fig. 5, Fig. 6, and Fig. 7; channels 56 and 57 of bipolar plate 51) are arranged at a distance to each other (interpreted from Fig. 5 and Fig. 6; paragraph 5 of TECH-SOLUTION). Further, Zare, and Kim are considered to be analogous to the claimed invention because both are in the same field of bipolar plate. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to incorporate the channel spacing structure taught by Kim into the bipolar plate of Zare, such that the second internal distribution channels have the same structural arrangement as the first internal distribution channels of Zare, with corresponding second lateral openings. In doing so, the second lateral openings and the second internal distribution channels would be arranged further to the second main boundary surface than to the first main boundary surface, while the first lateral openings and the first internal distribution channels are arranged further to the first main boundary surface than to the second main boundary surface, as claimed. This arrangement would have been obvious because it reduces the fluid travel distance between the lateral openings and the internal distribution channels. By positioning one set of channels closer to anode-side surface and other set closer to the cathode side surface, reactant gases can be delivered more directly to their respective electrodes. Accordingly, a person of ordinary skill in the art would have been motivated to adapt this channel arrangement to achieve improved fluid management . Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Zare as applied to claim 1 above, and further in view of Wilson et al. (US 11424460 B1). Regarding claim 13, Zare teaches all claim limitations of claim 1as stated above. Zare fails to teach a limitation wherein the bipolar plate is made by a 3D printing process. However, Wilson teaches the limitation wherein the bipolar plate (porous sub-plate 104 of the bipolar plate 100) is made by a 3D printing process ([0038]). Wilson also teaches that by using 3D printing, features such as the channels are formed ([0038]). Further, Zare, and Wilson are considered to be analogous to the claimed invention because both are in the same field of bipolar plate. Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would use said 3D printing as taught by Wilson to said bipolar plate as taught by Zare to form features such as channels in a surface of bipolar plate. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Zare as applied to claim 14 above, and further in view of Wolff et al. (US 20200313203 A1). Regarding claim 15, Zare teaches all limitations of claim 14 as stated above. Zare fails to teach a limitation wherein an aircraft comprises a fuel cell system having the fuel cell stack of claim 14. However, Wolff teaches the limitation wherein an aircraft comprises a fuel cell system having the fuel cell stack (claim 15). Wolff further teaches that a compact fuel cell system with a bipolar plate that is simple to cool is incorporated in an aircraft ([0042]). Further, Zare, and Wolff are considered to be analogous to the claimed invention because both are in the same field of bipolar plate. Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would incorporate the fuel cell system as taught by Zare into the aircraft as taught by Wolff in order to obtain a compact fuel cell system that is simple to cool. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lili Rassouli whose telephone number is (571)272-9760. The examiner can normally be reached Monday-Thursday 8:00 AM-4:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew T Martin can be reached at (571) 270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LILI RASSOULI/Examiner, Art Unit 1728 /MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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Prosecution Timeline

May 18, 2023
Application Filed
Feb 23, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allow rate.

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