DETAILED ACTION
The response filed September 25, 2026 has been entered. Claims 1-25 are pending with claims 16-25 being withdrawn from consideration.
Claim Rejections - 35 USC § 112
The previous 112 rejection of claim 15 has been withdrawn in view of Applicant’s amendment.
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.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Farrington (US 2015/0111125 A1).
Regarding claims 1 and 2, Farrington discloses alignment features and method for alignment in fuel cell stacks (title), including bipolar plates (abstract).
Farrington depicts in Figs. 2a, 2b, and 2c several different embodiments of alignment features that are suitable for use in circular common datum openings ([0045]) and teaches they are preferably non-electrically conductive (i.e. insulating) ([0017]).
Farrington depicts a circular (i.e. annular) insert with flanges such that the body is located between the flanges (Figs. 3a and 3b).
Fig. 4 depicts alignment feature 40 away from the peripheral edge.
As to the newly amended limitation of a fuel cell plate, Farrington teaches unitary bipolar plate assemblies are made first (by bonding the coolant flow field surfaces of an anode plate and a cathode plate together) before assembling the rest of the fuel cell stack ([0043]). Since it is a unitary bipolar plate assembly, the examiner takes the position that this teaching reads on a fuel cell plate.
As to claim 3, Farrington teaches some flexibility may be desirable ([0045]).
As to claim 4, Farrington does not expressly teach the first flange being heat staked to the first surface of the body.
Farrington does teach that the alignment feature would be appropriately shaped to engage common datum openings ([0051]). A flange shape is well known. Further, heat staking, or thermal/thermoplastic staking is a well-known way to join plastic parts to other components.
As to claims 5-9, Farrington depicts in Fig. 3a recessed portions (3) and remaining portions (4,5) and in Fig. 3b the flanges contacting the remaining portions. Farrington also teaches the alignment features “lie within the planes” with respect to the bipolar plates ([0039]), which reads on the flange being level with said remaining portion.
As to claims 10-13, Farrington does not expressly teach a beveled edge.
However, Farrington does teach frame 3 is trapped (via snap fit preferably) in peripheral slot 23 of tapered alignment feature 20 ([0048; See Figs. 3a and 3b).
Considering the level of ordinary skill in the art, the examiner considers snap fit to be substantially similar or at least render obvious (obvious variant) the claimed beveled edge configured to permit insertion and stopping edge to inhibit removal. The other features claimed in claim 11-13 are either depicted in Figs. 3a and 3b or are rendered obvious by the rationale above.
As to claim 14, Farrington teaches it relates to alignment features for aligning bipolar plates and optionally membrane electrode assemblies and the plates within bipolar plates ([0002]).
As to claim 15, Farrington teaches the alignment features are non-electrically conductive and can be liquid crystal polymers, inter alia ([0045]).
Response to Arguments
Applicant's remarks have been fully considered but are either moot in view of the new grounds of rejection or are not found persuasive.
Applicant attempts to distinguish over Farrington by amending claim 1 to recite fuel cell plate and argues that Farrington does not disclose or suggest an insert provided in common datum of a fuel cell plate such that a body thereof is located between flanges of the insert, as recited in amended claim 1.
However, Farrington teaches unitary bipolar plate assemblies are made first (by bonding the coolant flow field surfaces of an anode plate and a cathode plate together) before assembling the rest of the fuel cell stack ([0043]). Since it is a unitary bipolar plate assembly, the examiner takes the position that this teaching reads on a fuel cell plate.
Applicant also makes a similar argument with regard to claims 5-9.
In response, the Examiner has withdrawn the 102 rejection but has applied a 103 rejection, taking the position that if the limitation is not anticipated, it is at least obvious. The hole or datum is an alignment feature, and It would be obvious to use an alignment feature with a corresponding opening in all of the components it is meant to align, whether you name the components individually (anode/cathode plate) or as a unitary component (bipolar/fuel cell plate).
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 DANIEL H. LEE whose telephone number is (571)272-2548. The examiner can normally be reached M-F 8:30-5:00.
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, Michael Orlando can be reached at 5712705038. 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.
DANIEL H. LEE
Primary Examiner
Art Unit 1746
/DANIEL H LEE/Primary Examiner, Art Unit 1746
