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
Claims 18-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/15/2026.
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 6 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.
Claim 6 recites the limitation "the fuel cell device of claim 1." It is not clear to the examiner if the applicant intended to depend claim 6 upon claim 2 which reads on a fuel cell device or whether the applicant is referencing the fuel cell device of claim 1, which does not have any limitations. For the sake of examination, the former is assumed.
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 1-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (US-20210313593-A1)hereinafter referred to ‘Glueck’
Regarding Claim 1,
Glueck teaches bipolar plate for a fuel cell device (Glueck, “The present disclosure further relates to a bipolar plate and to production methods for the separator plate and the bipolar plate”, see Abstract)(Glueck, “the electrochemical system can in particular be a fuel cell system”, see [0002]), wherein the bipolar plate is formed from a plurality of flat products, arranged one above the other in a vertical direction (see Fig. 2), wherein exactly one or each of at least some of the plurality of flat products has exactly one alignment structure or a plurality of alignment structures and at least one alignment structure of at least one flat product (Glueck, positioning opening, 40b, Fig. 4), at least in the state in which the plurality of flat products are arranged one above the other is exposed by the other one or more of the plurality of flat products (See Fig. 2).
Regarding Claim 2,
Glueck teaches a fuel cell device comprising at least one fuel cell unit having at least one flat component (Gleuck, “In this example, the system 1 is a fuel cell stack. Each two adjacent bipolar plates 2 of the stack thus enclose between them an electrochemical cell”, see [0064]) wherein the at least one flat component is formed from a plurality of flat products, arranged one above the other in a vertical direction (see Fig. 2), wherein exactly one or each of at least some of the plurality of flat products has exactly one alignment structure or a plurality of alignment structures, and at least one alignment structure of at least one flat product (Glueck, positioning opening, 40a-b, Fig. 4), at least in the state in which the flat products are arranged one above the other, is exposed by the other one or more of the plurality of flat products (See Fig. 2).
Regarding Claim 3,
Glueck teaches the bipolar plate in accordance with claim 1, wherein at least one of the following:- at least one alignment structure of at least one flat product is formed so as to be free of interaction with the at least one other flat product ;- at least one alignment structure of at least one flat product is formed as an aperture in the flat product, said aperture being formed in particular continuously in the vertical direction (Glueck, “The positioning opening, the collar and/or the projection are preferably formed integrally, i.e. in one piece, with the separator plate, i.e. in particular in or out of the metal sheet of the separator plate (e.g., by being formed as part of the separator plate, and not as separate elements connected, fastened, or otherwise secured to the separator plate)”, see [0027]);- at least one alignment structure in at least one flat product is formed in a locally delimited manner (Glueck, positioning opening, 40b, Fig. 4)(The examiner interprets locally delimited to mean limited within the plate).
Regarding Claim 4,
Glueck teaches the fuel cell device in accordance with claim 2, wherein at least one of the following:- at least one alignment structure of at least one flat product is formed so as to be free of interaction with the at least one other flat product ;- at least one alignment structure of at least one flat product is formed as an aperture in the flat product, said aperture being formed in particular continuously in the vertical direction (Glueck, “The positioning opening, the collar and/or the projection are preferably formed integrally, i.e. in one piece, with the separator plate, i.e. in particular in or out of the metal sheet of the separator plate (e.g., by being formed as part of the separator plate, and not as separate elements connected, fastened, or otherwise secured to the separator plate)”, see [0027]);- at least one alignment structure in at least one flat product is formed in a locally delimited manner (Glueck, positioning opening, 40b, Fig. 4).
Regarding Claim 5,
Glueck teaches the bipolar plate in accordance with claim 1, wherein at least one of the following:- at least one alignment structure in at least one flat product is exposed at least in an exposure direction (See fig. 4, the exposure direction is parallel to the vertical) ;- at least one alignment structure in at least one flat product together with a tolerance region surrounding this alignment structure is exposed, wherein the tolerance region, in a direction which runs away from the alignment structure which is surrounded by this tolerance region (Glueck, “the first positioning opening and the second positioning opening of the two separator plates are arranged in alignment and can together form a positioning opening of the bipolar plate; in other words, the positioning opening of the bipolar plate is formed by the collar having the smaller diameter or area.”, see [0029])(The examiner notes that the collar is analogous to the tolerance region), has at least an extent which is greater than or the same as a tolerance for the alignment of this flat product (see cavity 60 Fig.5 and Fig. 6).
Regarding Claim 6,
Glueck teaches the fuel cell device in accordance with claim 1, wherein at least one of the following:- at least one alignment structure in at least one flat product is exposed at least in an exposure direction (See fig. 4, the exposure direction is parallel to the vertical);- at least one alignment structure in at least one flat product together with a tolerance region surrounding this alignment structure is exposed, wherein the tolerance region, in a direction which runs away from the alignment structure which is surrounded by this tolerance region (Glueck, “the first positioning opening and the second positioning opening of the two separator plates are arranged in alignment and can together form a positioning opening of the bipolar plate; in other words, the positioning opening of the bipolar plate is formed by the collar having the smaller diameter or area.”, see [0029])(The examiner notes that the collar is analogous to the tolerance region), has at least an extent which is greater than or the same as a tolerance for the alignment of this flat product (see cavity, 60, Fig.5 and Fig. 6).
Regarding Claim 7,
Glueck teaches the bipolar plate in accordance with claim 1, wherein in a projection of at least one alignment structure of at least one flat product in an exposure direction thereof ( Glueck, “the first positioning opening and the second positioning opening of the two separator plates are arranged in alignment and can together form a positioning opening of the bipolar plate; in other words, the positioning opening of the bipolar plate is formed by the collar having the smaller diameter or area.”, see [0029])(the other one or more of the plurality of flat products are material-free (Glueck, “Furthermore, the second separator plate has a second positioning opening having a second projection and a second collar. The first positioning opening is smaller than the second positioning opening. In the bipolar plate, the first collar engages in the second collar, the two separator plates thus being joined together with precise positioning.”, see [0028])(The examiner interprets ‘materially free’ to be a space adjacent which allows for interactions with the openings).
Regarding Claim 8,
Glueck teaches the bipolar plate in accordance with claim 1, wherein, relative to at least one alignment structure of at least one flat product, at least one other flat product has a cutout, wherein the cutout is arranged congruently with the at least one alignment structure (Glueck, “Furthermore, the second separator plate has a second positioning opening having a second projection and a second collar. The first positioning opening is smaller than the second positioning opening. In the bipolar plate, the first collar engages in the second collar, the two separator plates thus being joined together with precise positioning.”, see [0028]).
Regarding Claim 9,
Glueck teaches a bipolar plate in accordance with claim 1, wherein the bipolar plate, at least in the region of at least one alignment structure has a passage in an exposure direction from at least one outer side of the flat component to at least this at least one alignment structure, and the passage from the at least one outer side to an outer side opposite this outer side in the exposure direction is formed continuously through the bipolar plate (see annotated figure below).
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Regarding Claim 10,
Glueck teaches the fuel cell device in accordance with claim 2, wherein at least one flat component at least in the region of at least one alignment structure has a passage in an exposure direction from at least one outer side of said at least one flat component to at least this at least one alignment structure, and the passage from the at least one outer side to an outer side opposite this outer side in the exposure direction is formed continuously through said at least one flat component (see annotated figure above).
Regarding Claim 11,
Glueck teaches the bipolar plate in accordance with claim 9, wherein an extent, which is measured in a direction of extent running perpendicularly to the exposure direction, of at least one passage is minimal at the alignment structure co-forming this passage (Glueck, “Furthermore, the second separator plate has a second positioning opening having a second projection and a second collar. The first positioning opening is smaller than the second positioning opening. In the bipolar plate, the first collar engages in the second collar, the two separator plates thus being joined together with precise positioning.”, see [0028])(The examiner is interpreting ‘minimal extent’ to be a small aperture for the alignment structure on a off-center area of the plate based off of [0056] of the instant specification) .
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Regarding Claim 12,
Glueck teaches the fuel cell device in accordance with claim 10, wherein an extent, which is measured in a direction of extent running perpendicularly to the exposure direction, of at least one passage is minimal at the alignment structure co-forming this passage (Glueck, “Furthermore, the second separator plate has a second positioning opening having a second projection and a second collar. The first positioning opening is smaller than the second positioning opening. In the bipolar plate, the first collar engages in the second collar, the two separator plates thus being joined together with precise positioning.”, see [0028])(see annotated figure above).
Regarding Claim 13,
Glueck teaches the bipolar plate in accordance with claim 1, wherein at least one flat product has at least two alignment structures (Glueck, alignment structure, 40a and 40b, Fig. 4).
Regarding Claim 14,
Glueck teaches the bipolar plate in accordance with claim 1, wherein respective alignment structures in different flat products are arranged relative to one another offset from one another (Glueck, “Furthermore, the second separator plate has a second positioning opening having a second projection and a second collar. The first positioning opening is smaller than the second positioning opening. In the bipolar plate, the first collar engages in the second collar, the two separator plates thus being joined together with precise positioning.”, see [0028])(The examiner notes the plates would be offset to engage with each other).
Regarding Claim 15,
Glueck teaches the bipolar plate in accordance with claim 1, wherein in each case at least one alignment structure is formed in at least some of the plurality of flat products, and these alignment structures are arranged close to one another (Glueck, “Furthermore, the second separator plate has a second positioning opening having a second projection and a second collar. The first positioning opening is smaller than the second positioning opening. In the bipolar plate, the first collar engages in the second collar, the two separator plates thus being joined together with precise positioning.”, see [0028]).
Regarding Claim 16,
Glueck teaches the fuel cell device in accordance with claim 2, wherein at least one of the following:- at least one flat component of the at least one fuel cell unit is at least part of at least one line device for a fluid medium (Glueck, “In particular, the positioning opening differs from any fluid-conveying through-openings which may be formed in the separator plate and which, for example, form channels for the inflow or outflow of fluids.”, see [0014])(Glueck, “Typically, each of the conduits formed by the through-openings 11 a-c is in fluid communication with one of the ports 5 in the end plate 4 of the system 1”, see [0068]);- at least one flat component of the at least one fuel cell unit is at least part of an electrical device (Glueck, “the electrochemical system can in particular be a fuel cell system, an electrochemical compressor, an electrolyzer, or a redox flow battery. The present disclosure also relates to bipolar plates composed of separator plates of that kind.”, see [0002]).
Regarding Claim 17,
Glueck teaches the fuel cell device in accordance with claim 2, wherein at least one flat component of the at least one fuel cell unit is a bipolar plate (Glueck, “The present disclosure further relates to a bipolar plate and to production methods for the separator plate and the bipolar plate.”, see Abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAMUS PATRICK MCNULTY whose telephone number is (703)756-1909. The examiner can normally be reached Monday- Friday 8:00am to 5pm.
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/S.P.M./Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752
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