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
Applicant's election with traverse of Species C of Group 1 and Species Y of Group 2 in the reply filed on 3/30/26 is acknowledged.
The traversal is on the ground(s) that Species C combines the features of both Species A and Species B. This is not found persuasive because Species A discloses multiple adjustable compression screws. Species C does not. Species B discloses a cell stack without a compression plate. Species C discloses a cell stack with a compression plate. Therefore, Species C possesses a unique set of features.
The applicant also argues that the disclaimers in [0074] and [0091] that each aspect or feature may be combined with any other aspect or feature. This is not found persuasive because Species C is referred to as “a further embodiment”
The applicant argues there would not be a significant search burden. This is not found persuasive because the searches required for the set of features of Species A vs. B vs. C would differ based on the unique features listed above.
The traversal is also on the grounds that applicant alleges the examiner has not identified what mutually exclusive characteristics distinguish Species X from Species Y. The mutually exclusive characteristic of Species Y over Species X is the curved wall structure of 505 in Species Y as opposed to the straight wall structure 405. These distinct geometries require a different field of search.
The requirement is still deemed proper and is therefore made FINAL.
Claims 1-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species from Groups 1 and 2, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/30/26.
Claims 20-26 are currently pending in the application.
Drawings
Figure 3 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 20-23, 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US-20100015481-A1, KANAO.
Regarding claim 20, KANAO teaches a stack system (10) comprising: a first end plate (126b) and a second end plate (separator 28 adjacent to 80a); a compression plate (129); multiple cells and associated plate structures (12) arranged in a cell stack, the cell stack including multiple fluid transport openings (88, 90, 112) through the cell stack; a center fastener (124b) passing through a central opening (92) in the cell stack and connecting the first and second end plates together (see Fig. 1, cell stack is held together with 124b), with the compression plate and the cell stack disposed between the first and second end plates (see Fig. 1).
KANAO does not explicitly teach that the fastener creates a compressive force through the cell stack through the compression plate, however KANAO does teach the fasteners are part of a load applying mechanism (21) that applies tightening loads (T1 and T2) which are applied to the electrode assemblies (26) [0060]. This is a compressive force through the cell stack.
KANAO teaches the second end plate comprises multiple fluid redirect channels (46, 74), the multiple fluid redirect channels connecting in fluid communication selected fluid transport openings (88, 90) of the multiple fluid transport openings through the cell stack to redirect fluid passing through the cell stack (Fuel Gas and Oxygen-Containing Gas flows, see Fig. 4) back through the cell stack (the redirect channels move the gas flow through the separator plates and adjacent to the electrodes (26) to allow for reactions to occur).
Regarding claim 21, KANAO teaches the compressive force the center fastener provides is axial because the compressive elements press the fuel cell stack along its axial direction (A in Fig. 1). This force acts from where the fastener is secured to the first plate with a nut (127) through the electrode assemblies of the cell stack and which means it acts from the first end plate to the second endplate, as well as the plate structures between the two plates. KANAO teaches a plate (80b) prevents hot exhaust gas or hot air from entering the compressive mechanism [0054] and that another plate (80a) forms a flow path by blocking the flow of air around the cell stack [0056].
Regarding claim 22, KANAO teaches the center fastener comprises an at least partially threaded shaft (see Fig. 1) and a compression nut (127), the at least partially threaded shaft being secured to the second end plate (if it is providing a compressive force through the cell stack, it necessarily must be secured to the second end plate), and the compression nut threadably engaging the at least partially threaded shaft of the center fastener (see marked threads in Fig. 1), and being disposed to contact the first end plate [0062] to axially apply the compressive force on the cell stack through the first end plate and the compression plate [0060].
Regarding claim 23, KANAO teaches the multiple fluid transport openings (88, 90) include multiple outer fluid transport openings (38, 69, 78) through the cell stack and multiple inner fluid transport openings (30, 54, 74) through the cell stack, and wherein the multiple outer fluid transport openings through the cell stack include a first set of one or more outer fluid transport openings (38) facilitating flow of a first fluid (Fuel Gas) through the cell stack, a second set of one or more outer fluid transport openings (78) facilitating the flow of a second fluid (Oxygen-Containing Gas) through the cell stack, and a third set of one or more outer fluid transport openings (69) facilitating flow of a third fluid (Exhaust Gas) through the cell stack, and wherein the multiple inner fluid transport openings through the cell stack include a first set of one or more inner fluid transport openings (30) facilitating flow of the first fluid through the cell stack, a second set of one or more inner fluid transport openings (74) facilitating flow of the second fluid through the cell stack, and a third set of one or more inner fluid transport openings (54) facilitating flow of the third fluid through the cell stack, wherein the multiple fluid redirect channels of the second end plate include at least one first redirect channel (48), at least one second redirect channel (70), and at least one third redirect channel (68).
KANAO teaches the at least one first redirect channel couples in fluid communication the first set of one or more outer fluid transport openings and the first set of one or more inner fluid transport openings to facilitate flow of the first fluid (See flow paths Fig. 7, [0045-47]). KANAO teaches the at least one second redirect channel coupling in fluid communication the second set of one or more outer fluid transport openings and the second set of one or more inner fluid transport openings to facilitate flow of the second fluid (See flow paths Fig. 7, [0048-51]). KANAO teaches the at least one third redirect channel coupling in fluid communication the third set of one or more outer fluid transport openings and the third set of one or more inner fluid transport openings to facilitate flow of the third fluid (See flow paths Fig. 7, [0045-51], referenced throughout those paragraphs).
Regarding claim 25, KANAO teaches the plate structure is a three-dimensional shape because it extends radially and axially (see Fig. 7). The broadest reasonable interpretation of the phrase “non-planar” is an object that is not able to be contained to a plane, which means a flat object. The plate structure of KANAO is not flat because it possesses depth, so it is therefore non-planar. The multiple cells have the same plate structure so they all are three-dimensional and non-planar.
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 24 is rejected under 35 U.S.C. 103 as being unpatentable over US-20100015481-A1, KANAO, in view of US-5549983-A, YAMANIS.
Regarding claim 24, KANAO teaches three fluid redirect channels with inlets and outlets. KANAO teaches the first and second fluid redirect channels are for fuel gas and oxygen-containing gas, which are reactants. KANAO does not teach the third fluid is a coolant. Additionally, KANAO teaches a solid oxide fuel cell (SOFC), which does not require a coolant in the stack.
YAMANIS teaches that plate and manifold designs for SOFC may be adapted for use in PEM fuel cells by adding a coolant fluid manifold, the exhaust of which may be mixed with the exhaust streams of the oxidant and fuel gases (15). YAMANIS teaches that PEM fuel cells are operable at lower temperatures which makes sealing them easier (11).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing of the instant invention to adapt the fuel cell stack of KANAO to have a coolant fluid manifold in order to make the fuel cell stack a PEM fuel cell. It would have been obvious to do because YAMANIS teaches that the benefit of PEM fuel cells is easier sealing. A third manifold may be structured similarly to the first two, meaning the combination of KANAO and YAMANIS would recite all of the claimed limitations of claim 24 of the instant.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over US-20100015481-A1, KANAO, in view of US-20110223508-A1, ARNOLD.
Regarding claim 26, KANAO teaches the plate structure comprises: a circumferential end (end of plate structure on the side of (69)) and a center end (end of plate structure on the side of (30)),
KANAO does not teach the circumferential end is vertically offset from the center end.
ARNOLD teaches PEM fuel cell (500) with plates (510, 420, 430, 440, 520) that have a circumferential end that is vertically offset from the center end and a wall structure extending from the circumferential end to the center end (see Figs. 5A, B, C). ARNOLD teaches the shape of the plates allows for a reduced flow distance traveled [0029] which allows for a reduced size for the fuel cell [0029].
It would have been obvious to one of ordinary skill in the art at the time of filing of the instant invention to shape the plates of KANAO to have the shape of the plates in ARNOLD because doing so would allow for reduced size of the fuel cell and result in a reasonable chance of success.
In the process of doing so, the flow structure of the plates would remain as they are for KANAO, meaning they would have curving fluid channels (KANAO, 46) on at least one side of the wall (KANAO, top side of 28 in Fig. 3), and multiple fluid transport openings on the outer (38, 69, 78) and inner side (30, 54, 74). KANAO teaches the outer fluid transport openings pass through the circumferential end (see KANAO Fig. 7), and the inner fluid transport openings pass through the center end (see KANAO Fig. 7). KANAO teaches flow between the circumferential and center ends of the plate (see flow paths of Fig. 7).
Therefore, the combination of KANAO and ARNOLD teaches all of the recited limitations of instant claim 26.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUISE JAMES IANNUCCI whose telephone number is (571)272-6917. The examiner can normally be reached 7:00 A.M. - 5:00 P.M..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at (303) 297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOUISE JAMES IANNUCCI/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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