Prosecution Insights
Last updated: July 17, 2026
Application No. 18/333,997

BIPOLAR PLATE FOR USE IN A FUEL CELL DEVICE AND METHOD FOR PRODUCING THE SAME

Final Rejection §103
Filed
Jun 13, 2023
Priority
Jun 15, 2022 — EU 22382575.3
Examiner
BUCHANAN, JACOB
Art Unit
1725
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Airbus Operations GmbH
OA Round
2 (Final)
56%
Grant Probability
Moderate
3-4
OA Rounds
5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allowance Rate
338 granted / 603 resolved
-8.9% vs TC avg
Strong +44% interview lift
Without
With
+44.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
31 currently pending
Career history
638
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
86.0%
+46.0% vs TC avg
§102
1.3%
-38.7% vs TC avg
§112
0.9%
-39.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 603 resolved cases

Office Action

§103
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 . This office action addresses pending claims 1-20. Claims 1-4, 6-9 and 13 and 17 were amended, replacement drawings were filed, and the specification was amended in the response filed 4/2/2026. Drawings The drawings were received on 4/2/2026. These drawings are acceptable. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-2, 6-7, and 13-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (US 2009/0017361) in view of Kim et al. (US 2018/0006314). Regarding claim 1, Lim discloses a separator 10 [bipolar plate] for fuel cells wherein the separator [bipolar plate] includes a metal substrate 110, a carbon nanotube layer 120 [ply, having electrically conductive fibers], and a composite layer 130 formed by mixing a polymer and an electrically conductive additive (abstract, [0057]-[0060], Fig 1). However, Lim does not explicitly disclose wherein the separator [bipolar plate] is configured to be electrically connectable to an external power supply at end portions of the one or more electrically conductive fibers such that the one or more electrically conductive fibers are Joule-heated for heating the bipolar plate when electrical power is supplied from the external power supply to the one or more electrically conductive fibers. Kim discloses a bipolar plate 13 including a thermoplastic portion formed on at least a part therefore to be brought into contact with an electrode 122 and having conductivity, wherein the thermoplastic portion having the conductivity is morphologically matched with the electrode (abstract). An electrical current is applied to the bipolar plate [separate from electricity generated by the fuel cell], and the thermoplastic portion having the conductivity is heated by so-called Joule’s heat by the application of the electric current ([0045]). The heating by application of electric current allows for electrode matching where the electrode and bipolar plate are morphologically matched, thereby reducing contact resistance ([0015]-[0017], and [0053]). The power source for supplying an electric current is temporarily brought into contact from a side surface of the bipolar plate ([0053]); therefore, Kim reasonably teaches that the power source is external because said power source has to be brought in. Further, it is preferable to supply the electrical current to an exposed part of the bipolar plate 13 ([0054]), and therefore reasonably suggests any exposed long portion of the bipolar plate, which is electrically connected to the fibers. In addition, the electric current is provided from “a separate power source” ([0054]) and that “a power source for supplying electric current…may be temporarily brought into contact with a side surface of the bipolar plate” ([0053]); that is, the power source is separate, independent, and external to the stack 10 and battery. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the Joule’s heating by electrical current from a separate [external] power source connected at ends of the bipolar plate of Kim with the separator/bipolar plate of Lim for the purpose of having the separator/bipolar plate and electrode morphologically match to allow for reduced contact resistance. In addition, with regards to the limitation of “the integrated ply is configured to be electrically connectable to an external power supply”, the limitation is directed to the manner of operating the claimed bipolar plate, because the limitation recites what the bipolar plate is connected to, which is outside the scope of a “bipolar plate”. Therefore, as long as the prior art teaches all the structural limitations of the claim, the manner of operating the device does not differentiate over a prior art apparatus (see MPEP 2114). Because Kim teaches that the bipolar plate is connected to an electric current ([0045], [0053], [0054]), Kim teaches all the structural limitations of the claim. Regarding claim 2, modified Lim discloses all of the claim limitations as set forth above. Lim teaches the fibers are carbon nanotubes (abstract, [0059]). Regarding claim 6-7, modified Lim discloses all of the claim limitations as set forth above. Lim teaches that the separator/bipolar plate provides passages for supplying reactants to the electrodes, and the carbon nanotube layer 120 is arranged between the outer surfaces ([0012], Fig 1). Therefore, Lim discloses wherein the ply is arranged between opposite surfaces of the bipolar plate, wherein at least one of the surfaces comprises a bipolar plate structure, and wherein the ply is arrange substantially parallel to the opposite surfaces of the bipolar plate. Regarding claims 13-14, modified Lim discloses all of the claim limitations as set forth above. Lim teaches that the carbon nanotube layer 120 is arranged in a composite layer 130 that includes a thermoplastic polymer ([0060], [0063]). The thermoplastic polymers include polyvinylidene fluoride, which is a non-conductive material. Regarding claim 15, modified Lim discloses all of the claim limitations as set forth above. Lim teaches the separator/bipolar plate of claim 1 (abstract), and Kim teaches that an electric current is applied to the bipolar plate ([0045]), and therefore a power supply electrically connected to the ply of the bipolar plate. Regarding claim 16, modified Lim discloses all of the claim limitations as set forth above. Lim teaches the separator/bipolar plate of claim 1 is in a fuel cell (abstract). Regarding claim 17, modified Lim discloses all of the claim limitations as set forth above. Lim teaches the separator/bipolar plate of claim 16 (abstract), and Kim teaches that an electric current from an separate [external] power source is applied to the bipolar plate ([0045], [0053]-[0054])), and therefore a power supply electrically connected to the ply of the bipolar plate. Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (US 2009/0017361) in view of Kim et al. (US 2018/0006314), as applied to claim 1 above, and further in view of Fukuda et al. (US 5,338,320). Regarding claims 3-4, modified Lim discloses all of the claim limitations as set forth above. Lim teaches that a substrate 110 is covered on both sides by a carbon-nanotube layer 120. However, Lim does not explicitly disclose wherein the first and second carbon-nanotube layers have the fibers arranged substantially along a first direction or a second direction. Fukuda discloses a ribbed porous carbon material 1 having carbon fibers 5 wherein the fibers are oriented in a web direction of the carbon material (abstract). The carbon material is an electrode substrate for a fuel cell; a separator/bipolar plate (C1/L14-16). Fukuda discloses that the fibers oriented in a direction allows for greater electric conductivity and thermal conductivity along the direction (C3/L20-33). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine orienting the carbon fibers as taught by Fukuda with the first and second carbon nanotube layers of Lim for the purpose of allowing for greater electric conductivity and thermal conductivity. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (US 2009/0017361) in view of Kim et al. (US 2018/0006314) and Fukuda et al. (US 5,338,320), as applied to claim 4 above, and further in view of Lee et al. (US 2019/0198887). Regarding claim 5, modified Lim discloses all of the claim limitations as set forth above. While Lim teaches a first and second carbon-nanotube layer 120 and Fukuda teaches orienting carbon fibers in a layer [thereby the combination having a first layer oriented in a first direction, and a second layer oriented in a second direction], modified Lim does not explicitly disclose wherein the second direction is substantially perpendicular to the first direction. Lee discloses a gas diffusion layer for a metal-air battery including a plurality of carbon nanotube thin films that are arranged to be stacked, and the carbon nanotube thin films may include a plurality of first carbon nanotubes arranged in a predetermined direction (abstract). The carbon nanotube films further include a second carbon nanotube thin film including a second carbon nanotubes extending a second direction ([0009], [0052], Fig 2B). The alignment align of the first carbon nanotubes is 0-45 degrees in a clockwise or counter-clockwise direction, and an alignment direction of the second carbon nanotubes is 0-45 degrees in a clockwise or counter-clockwise direction ([0013]). Therefore, Lee discloses two layers oriented in different directions that can be perpendicular to each other. Further, because the alignment directions are different from each other, the electrical conductivities of the first and second thin films may be different ([0061]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the two layers of different alignments that include perpendicular from each other, as taught by Lee with the two carbon nanotube layers of Lim for the purpose of modifying the electrical conductivities and of the separator/bipolar plate. Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (US 2009/0017361) in view of Kim et al. (US 2018/0006314), as applied to claim 1 above, and further in view of Koike (US 2011/0256336). Regarding claim 8, modified Lim discloses all of the claim limitations as set forth above. While Lim discloses carbon nanotube layers (abstract, Fig 1), modified Lim does not explicitly disclose (claim 8) wherein the one or more fibers are arranged electrically disconnected between end portions thereof, or (claim 9) including an electrically conductive filament connecting the end portions of a plurality of fibers. Koike discloses a composite carbon having a fibrous carbon which extends in a direction of the long axis, and multiple carbon nanotubes which are formed on a surface of the fibrous carbon and have a smaller diameter than the diameter of the fibrous carbon (abstract, Fig 1). Therefore, the carbon nanotubes have ends which are electrically disconnected from each other. Further, an electrically conductive filament (carbon fiber) connects the end portions of the fibers [carbon nanotubes]. The structure allows for increased specific surface area, improved porosity, reduced electric resistance, and improved conductivity ([0010]). The composite carbon can be used in fuel cells ([0010]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the fibrous carbon having a carbon fiber with carbon nanotubes arranged on the fiber as taught by Koike as the carbon nanotube material layer of Lim for the purpose of providing a material with increased specific surface area, improved porosity, reduced electric resistance, and improved conductivity. Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (US 2009/0017361) in view of Kim et al. (US 2018/0006314) and Koike (US 2011/0256336), as applied to claim 9 above, and further in view of Zhamu et al. (US 2007/0126137). Regarding claims 10-12, modified Lim discloses all of the claim limitations as set forth above. While Koike discloses a fibrous carbon with carbon nanotubes (abstract), modified Lim does not explicitly disclose (claim 10) wherein the electrically conductive filament includes a graphene enriched material, (claim 11) wherein the electrically conductive filament includes a metallic material, or (claim 12) wherein the electrically conductive filament includes a graphene enriched material and a metallic material. Zhamu discloses a method of manufacturing an integrated bipolar plate made with a conducting preform (abstract). The conducting preform materials comprises carbon fibers, metal fibers, carbon nano-tubes, graphitic nano-fibers, nano-scale graphene plates, expanded graphite plates, carbon blacks, metal particles or combinations thereof ([0023], [0025], [0028]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the nano-scale graphene plates, and or the metal fibers and metal particles of the conducting preform as taught by Zhamu with the fibrous carbon (carbon fiber and carbon nanotubes) as taught by Lim modified by Koike for the purpose of providing conducting materials. Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (US 2009/0017361) in view of Kim et al. (US 2018/0006314), as applied to claim 1 above, and further in view of Cook et al. (US 2019/0319291). Regarding claims 18-20, modified Lim discloses all of the claim limitations as set forth above. However, while Lim discloses fabricating a separator/bipolar plate (abstract), modified Lim does not explicitly disclose (claim 18) a method for producing a bipolar plate for use in a fuel cell device, the method comprising the step: printing the bipolar plate via an additive manufacturing process to obtain the bipolar plate according to claim 1; (claim 19) an additive manufacturing device comprising a printing device configured to print the bipolar plate according to claim 1, and a controller configured to print the bipolar plate via an additive manufacturing process to obtain the bipolar plate; or (claim 20) a non-transitory computer-readable medium having stored thereon a computer program comprising instructions to cause the additive manufacturing device according to claim 19 to print the bipolar plate via the additive manufacturing process to obtain the bipolar plate. Cook discloses a component for an electrochemical cell (fuel cell) is formed by additive manufacturing (abstract). The method includes providing an additive fabrication apparatus for producing 3D objects from a data file ([0015]). A computer is used for controlling the position and deposition of the material, and the method includes obtaining the data file from a computer for defining a three-dimensional shape of a component for an electrochemical cell having at least one channel for transport of media [bipolar plate/separator] ([0015]). The apparatus is under computer control ([0069]). The method can produce separator plates ([0001]). Therefore, Cook teaches additive manufacturing including printing, a printing device, a controller, and a non-transitory computer-readable medium having stored thereon a computer program comprising instructions to cause the additive manufacturing device to perform the printing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the additive manufacturing process (including printing, computer control, and necessary data files) of a separator/bipolar plate of Cook with the method of manufacturing a separator/bipolar plate of Lim for the purpose of having a process that can accommodate redesign without retooling, or the use of non-standard shapes (Cook at [0012]). Response to Arguments Applicant's arguments filed 4/2/2026 have been fully considered but they are not persuasive. Applicant argues, with regards to amended claim 1, that the prior art of Kim and Lim do not disclose or suggest all of the features. Specifically, Applicant argues that the prior art does not disclose the integrated ply is configured to be electrically connectable to an external power supply at end portions of the one or more electrically conductive fibers, and the electrode [of Kim] is not an external power supply. This is not considered persuasive. First, the limitation of “the integrated ply is configured to be electrically connectable to an external power supply” is directed to the manner of operating the claimed bipolar plate, because the limitation recites what the bipolar plate is connected to, which is outside the scope of a “bipolar plate”. Therefore, as long as the prior art teaches all the structural limitations of the claim, the manner of operating the device does not differentiate over a prior art apparatus (see MPEP 2114). Because Kim teaches that the bipolar plate is connected to an electric current ([0045], [0053], [0054]), Kim teaches all the structural limitations of the claim. Regardless, Kim is relied upon for the teachings regarding providing Joule-heating with an external power supply. Kim teaches that the electric current is temporarily brought into contact from a side surface of the bipolar plate ([0053]); therefore, Kim reasonably teaches that the power source is external because said power source has to be brought in. Further, it is preferable to supply the electrical current to an exposed part of the bipolar plate 13 ([0054]), and therefore Kim reasonably suggests connecting to any exposed long portion of the bipolar plate, which is electrically connected to the fibers. Further, Kim teaches that the electric current is provided from a “separate power source” ([0054]) and that “a power source for supplying electric current…may be temporarily brought into contact with a side surface of the bipolar plate” ([0053]); that is, the power source is separate, independent, and external to the stack 10 and battery. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB BUCHANAN whose telephone number is (571)270-1186. The examiner can normally be reached M-F 8:00-5:00 PM (ET). 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, Nicole Buie-Hatcher can be reached at 571-270-3879. 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. /JACOB BUCHANAN/ Examiner, Art Unit 1725 /NICOLE M. BUIE-HATCHER/ Supervisory Patent Examiner, Art Unit 1725
Read full office action

Prosecution Timeline

Jun 13, 2023
Application Filed
Jan 02, 2026
Non-Final Rejection mailed — §103
Apr 02, 2026
Response Filed
Jun 11, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12683248
BATTERY PACK
3y 10m to grant Granted Jul 14, 2026
Patent 12651808
TRACTION BATTERY PACK HAVING ELECTRICALLY CONNECTED BATTERY CELLS AND BATTERY CELL JOINING METHOD
3y 5m to grant Granted Jun 09, 2026
Patent 12646798
BATTERY MODULE WITH IMPROVED FIRE PROTECTION PERFORMANCE
3y 6m to grant Granted Jun 02, 2026
Patent 12620669
Battery Module and Battery Pack Including the Same
3y 10m to grant Granted May 05, 2026
Patent 12620609
METHOD FOR CONTROLLING FUEL CELL SYSTEM, FUEL CELL SYSTEM, AND FUEL CELL VEHICLE
3y 5m to grant Granted May 05, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
56%
Grant Probability
99%
With Interview (+44.3%)
3y 6m (~5m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 603 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month