DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
In response to the amendment received 07/23/2026, the following rejection has been withdrawn from the previous office action:
35 U.S.C. 103 rejection of claim 6
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) 1-12 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20180123141A1, hereafter Xi, in view of Foreign Publication JP7653404B2 (mapped to English equivalent Published Application US20240204217A1), hereafter Omori.
Regarding claim 1, Xi discloses a bipolar plate ([0018] bipolar plate 12) for a fuel cell system ([0018] fuel cell stack assembly 10), the bipolar plate (12) comprising:
a rigid plate having a first side defining a first plurality of passages, a second side defining a second plurality of passages (Fig 1, bipolar plate 12 with two ends having multiple passages each), a seal bead ([0018] raised bead 14), and a peripheral edge (Fig 1 outer peripheral edge); and
an impact energy attenuation system ([0018] raised limiters 16);
wherein the seal bead (14) is arranged proximal to the peripheral edge of the rigid plate (Fig 1); and
wherein the impact energy attenuation system (16) is disposed proximal to the peripheral edge;
wherein the impact energy attenuation system (16) includes a plurality of first energy attenuating beads (16) and a plurality of second energy attenuating beads (16) (see annotated Fig 4);
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wherein each of the plurality of first energy attenuating beads (16) has a first compression modulus and a first zero-compression height (implicit that each will have a compression modulus and height prior to compression); and
wherein each of the plurality of second energy attenuating beads has a second compression modulus and a second zero-compression height (implicit that each will have a compression modulus and height prior to compression).
Xi is silent on wherein the second zero-compression height is greater than the first zero-compression height; and wherein the first compression modulus is greater than the second compression modulus.
In the analogous art of fuel cell bipolar plates, Omori discloses beads of higher and lower heights that, when a load larger than the fastening load is applied to the stack body in the stacking direction, compress to the lower bead height in order to suppress deformation of the outer bead seal in order for the outer bead seal to maintain its sealing function and prevent gas leakage ([0065]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Xi to use different heights of the raised limiter beads in order to further suppress compression of the raised seal bead, as suggested by Omori. The examiner further notes that since some of the limiters have lower height, their compression modulus is also increased by virtue of increased stiffness imparted by their lower height.
Xi is silent on wherein the plurality of first energy attenuating beads and the plurality of second energy attenuating beads are arranged to combine to compress before reaching a low load bead height for the seal bead.
Omori discloses the use of differing heights of beads to suppress deformation of the outer bead seal in order for the outer bead seal to maintain its sealing function and prevent gas leakage ([0065]).
As the reduction in compression of the bead seal is/are variable(s) that can be modified, among others, by adjusting the height of the raised limiters, with the reduction in compression of the bead seal increasing as the height of the raised limiters is increased, the height of the raised limiters would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the present invention. As such, without showing unexpected results, the claimed height of the raised limiters cannot be considered critical. Accordingly, one of ordinary skill in the art, before the effective filing date of the present invention, would have optimized, by routine experimentation, the heights of the raised limiters in the invention of modified Xi to obtain the desired balance between reduction in compression of the seal bead and ensuring contact of the seal bead with the adjoining plate for proper sealing, as suggested by Omori (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Regarding claim 2, Xi further discloses wherein the plurality of first energy attenuating beads and the plurality of second energy attenuating beads project orthogonal to a plane defined by the rigid plate (Fig 4, raised limiters 16 project orthogonal to plane of plate).
Regarding claim 3, Xi further discloses wherein each of the plurality of first energy attenuating beads has a round shape (Fig 4, round shape of raised limiter 16).
Regarding claim 4, Xi further discloses wherein each of the plurality of second energy attenuating beads has a round shape (Fig 4, round shape of raised limiter 16).
Regarding claim 5, Xi further discloses wherein the plurality of first energy attenuating beads has a round shape (Fig 4, round shape of raised limiter 16).
Regarding claim 7, Xi further discloses wherein the plurality of first energy attenuating beads (16) and the plurality of second energy attenuating beads (16) of the impact energy attenuation system are disposed on the bipolar plate (12) between the seal bead (14) and the peripheral edge (Fig 4).
Regarding claim 8, Xi further discloses wherein the plurality of first energy attenuating beads (16) and the plurality of second energy attenuating beads (16) of the impact energy attenuation system are formed on the bipolar plate (12) between the seal bead (14) and the peripheral edge.
Regarding claim 9, Xi further discloses wherein the plurality of first energy attenuating beads (16) are arranged on the bipolar plate in relation to the plurality of second energy attenuating beads (16) to define a plurality of channels between the seal bead (14) and the peripheral edge of the bipolar plate (12) (see annotated Fig 4).
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Regarding claim 10, modified Xi further discloses wherein the plurality of first energy attenuating beads (16) and the plurality of second energy attenuating beads (16) are alternately arranged (see annotated Fig 4).
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Regarding claim 11, modified Xi further discloses wherein the plurality of first energy attenuating beads (16) are interposed with the plurality of second energy attenuating beads (16) (see annotated Fig 4).
Regarding claim 12, Xi is silent on wherein the rigid plate is fabricated from one of a metallic or a polymeric material.
Xi discloses that it is known in the prior art to produce bipolar plates made of metal ([0003]).
It would however have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to select a metal material for the bipolar plate, as suggested by Xi as a selection of a known material based on its suitability for the intended use (MPEP 2144.07).
Regarding claim 19, Xi discloses a bipolar plate ([0018] bipolar plate 12) for a fuel cell system ([0018] fuel cell stack assembly 10), the bipolar plate (12) comprising:
a rigid plate having a first side defining a first plurality of passages, a second side defining a second plurality of passages (Fig 1, bipolar plate 12 with two ends having multiple passages each), a seal bead ([0018] raised bead 14), and a peripheral edge (Fig 1 outer peripheral edge); and
an impact energy attenuation system ([0018] raised limiters 16);
wherein the seal bead (14) is arranged proximal to the peripheral edge of the rigid plate (Fig 1); and
wherein the impact energy attenuation system (16) is disposed proximal to the peripheral edge;
wherein the impact energy attenuation system (16) includes a plurality of first energy attenuating beads (16) and a plurality of second energy attenuating beads (16) (see annotated Fig 4);
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wherein each of the plurality of first energy attenuating beads (16) has a first compression modulus and a first zero-compression height (implicit that each will have a compression modulus and height prior to compression); and
wherein each of the plurality of second energy attenuating beads has a second compression modulus and a second zero-compression height (implicit that each will have a compression modulus and height prior to compression).
Xi is silent on wherein the second zero-compression height is greater than the first zero-compression height; and wherein the first compression modulus is greater than the second compression modulus.
In the analogous art of fuel cell bipolar plates, Omori discloses beads of higher and lower heights that, when a load larger than the fastening load is applied to the stack body in the stacking direction, compress to the lower bead height in order to suppress deformation of the outer bead seal in order for the outer bead seal to maintain its sealing function and prevent gas leakage ([0065]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Xi to use different heights of the raised limiter beads in order to further suppress compression of the raised seal bead, as suggested by Omori. The examiner further notes that since some of the limiters have lower height, their compression modulus is also increased by virtue of increased stiffness imparted by their lower height.
Xi is silent on wherein the plurality of first energy attenuating beads and the plurality of second energy attenuating beads are arranged to combine to compress before reaching a low load bead height for the seal bead.
Omori discloses the use of differing heights of beads to suppress deformation of the outer bead seal in order for the outer bead seal to maintain its sealing function and prevent gas leakage ([0065]).
As the reduction in compression of the bead seal is/are variable(s) that can be modified, among others, by adjusting the height of the raised limiters, with the reduction in compression of the bead seal increasing as the height of the raised limiters is increased, the height of the raised limiters would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the present invention. As such, without showing unexpected results, the claimed height of the raised limiters cannot be considered critical. Accordingly, one of ordinary skill in the art, before the effective filing date of the present invention, would have optimized, by routine experimentation, the heights of the raised limiters in the invention of modified Xi to obtain the desired balance between reduction in compression of the seal bead and ensuring contact of the seal bead with the adjoining plate for proper sealing, as suggested by Omori (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Regarding claim 20, Xi further discloses wherein the plurality of first energy attenuating beads and the plurality of second energy attenuating beads project orthogonal to a plane defined by the rigid plate (Fig 4, raised limiters 16 project orthogonal to plane of plate), wherein each of the plurality of first energy attenuating beads has a round shape (Fig 4, round shape of raised limiter 16), and wherein each of the plurality of second energy attenuating beads has a round shape (Fig 4, round shape of raised limiter 16).
Claim(s) 13-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20180123141A1, hereafter Xi, in view of Foreign Publication JP7653404B2, hereafter Omori (mapped to English equivalent Published Application US20240204217A1), and further in view of Published Application US20190393515A1, hereafter Rock.
Regarding claim 13, Xi discloses a fuel cell system ([0018] fuel cell stack assembly 10), comprising:
a plurality of bipolar plate (12) assemblies arranged in a stack ([0018] fuel cell stack assembly 10);
wherein each of the bipolar plate (12) assemblies includes a rigid plate having a first side defining a first plurality of passages, a second side defining a second plurality of passages (Fig 1, bipolar plate 12 with two ends having multiple passages each, including cooling passages), a seal bead ([0018] raised bead 14), and a peripheral edge (Fig 1 outer peripheral edge); and
an impact energy attenuation system ([0018] raised limiters 16);
wherein the seal bead (14) is arranged proximal to the peripheral edge of the rigid plate (Fig 1); and
wherein the impact energy attenuation system (16) is disposed proximal to the peripheral edge;
wherein the impact energy attenuation system (16) includes a plurality of first energy attenuating beads (16) and a plurality of second energy attenuating beads (16) (see annotated Fig 4);
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wherein each of the plurality of first energy attenuating beads (16) has a first compression modulus and a first zero-compression height (implicit that each will have a compression modulus and height prior to compression); and
wherein each of the plurality of second energy attenuating beads has a second compression modulus and a second zero-compression height (implicit that each will have a compression modulus and height prior to compression).
Xi is silent on wherein the second zero-compression height is greater than the first zero-compression height; and wherein the first compression modulus is greater than the second compression modulus.
In the analogous art of fuel cell bipolar plates, Omori discloses beads of higher and lower heights that, when a load larger than the fastening load is applied to the stack body in the stacking direction, compress to the lower bead height in order to suppress deformation of the outer bead seal in order for the outer bead seal to maintain its sealing function and prevent gas leakage ([0065]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Xi to use different heights of the raised limiter beads in order to further suppress compression of the raised seal bead, as suggested by Omori. The examiner further notes that since some of the limiters have lower height, their compression modulus is also increased by virtue of increased stiffness imparted by their lower height.
Xi is silent on wherein the plurality of first energy attenuating beads and the plurality of second energy attenuating beads are arranged to combine to compress before reaching a low load bead height for the seal bead.
Omori discloses the use of differing heights of beads to suppress deformation of the outer bead seal in order for the outer bead seal to maintain its sealing function and prevent gas leakage ([0065]).
As the reduction in compression of the bead seal is/are variable(s) that can be modified, among others, by adjusting the height of the raised limiters, with the reduction in compression of the bead seal increasing as the height of the raised limiters is increased, the height of the raised limiters would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the present invention. As such, without showing unexpected results, the claimed height of the raised limiters cannot be considered critical. Accordingly, one of ordinary skill in the art, before the effective filing date of the present invention, would have optimized, by routine experimentation, the heights of the raised limiters in the invention of modified Xi to obtain the desired balance between reduction in compression of the seal bead and ensuring contact of the seal bead with the adjoining plate for proper sealing, as suggested by Omori (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Xi is silent on wherein each of the bipolar plate assemblies includes a first subgasket and a second subgasket; wherein the plurality of coolant passages are defined between the first subgasket and the second subgasket; and wherein the seal bead is arranged to seal against the first subgasket and the second subgasket.
In the analogous art of fuel cell bipolar plates, Rock discloses wherein each of the bipolar plate (16) assemblies includes a first subgasket (34, 36, 42) and a second subgasket (38, 40, 44); wherein the plurality of coolant passages are defined between the first subgasket (34, 36, 42) and the second subgasket (38, 40, 44) ([0027] Fig 1, coolant supply aperture 58 and coolant exhaust aperture 60); and wherein the seal bead is arranged to seal against the first subgasket and the second subgasket ([0025] Fig 1, subgaskets 42, 44 may be formed integrally with gaskets 34, 36, 38, 40, and are disposed between the bipolar plate and the first MEA 12 and the bipolar plate and the second MEA 14 to facilitate a seal and electrically insulate the end plate and first MEA 12).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Xi with the gaskets as stated above and disclosed by Rock in order to facilitate a seal and electrically insulate the end plates from the membrane electrode assemblies, as suggested by Rock.
Regarding claim 14, Xi further discloses wherein the plurality of first energy attenuating beads and the plurality of second energy attenuating beads project orthogonal to a plane defined by the rigid plate (Fig 4, raised limiters 16 project orthogonal to plane of plate).
Regarding claim 15, Xi further discloses wherein each of the plurality of first energy attenuating beads has a round shape (Fig 4, round shape of raised limiter 16) and wherein each of the plurality of second energy attenuating beads has a round shape (Fig 4, round shape of raised limiter 16).
Regarding claim 16, Xi is silent on wherein the plurality of first energy attenuating beads and the plurality of second energy attenuating beads are arranged to combine to compress before reaching a low load bead height for the seal bead.
Omori discloses the use of differing heights of beads to suppress deformation of the outer bead seal in order for the outer bead seal to maintain its sealing function and prevent gas leakage ([0065]).
As the reduction in compression of the bead seal is/are variable(s) that can be modified, among others, by adjusting the height of the raised limiters, with the reduction in compression of the bead seal increasing as the height of the raised limiters is increased, the height of the raised limiters would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the present invention. As such, without showing unexpected results, the claimed height of the raised limiters cannot be considered critical. Accordingly, one of ordinary skill in the art, before the effective filing date of the present invention, would have optimized, by routine experimentation, the heights of the raised limiters in the invention of modified Xi to obtain the desired balance between reduction in compression of the seal bead and ensuring contact of the seal bead with the adjoining plate for proper sealing, as suggested by Omori (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
It would however have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to select heights of the raised limiters that enable the largest reduction in compression of the seal bead to prevent over-compression and avoid fluid leakage, as suggested by Xi.
Regarding claim 17, Xi further discloses wherein the plurality of first energy attenuating beads (16) and the plurality of second energy attenuating beads (16) of the impact energy attenuation system are disposed on the bipolar plate (12) between the seal bead (14) and the peripheral edge (Fig 4).
Regarding claim 18, Xi further discloses wherein the plurality of first energy attenuating beads (16) are arranged on the bipolar plate in relation to the plurality of second energy attenuating beads (16) to define a plurality of channels between the seal bead (14) and the peripheral edge of the bipolar plate (12) (see annotated Fig 4).
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Response to Arguments
Applicant's arguments filed 07/23/2026 have been fully considered but they are not persuasive.
In response to applicant’s argument regarding claim 6 on page 9 of applicant’s remarks that the examiner separately characterized the height of the raised limiters as a result-effective variable from the limitations of claim 1, treating them as independent issues, the examiner disagrees. The examiner notes that this is not the case, and as stated in MPEP 608.01(n) (III), a claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Similarly, in the case of claim 6, the rejection of this claim in the previous office action is understood and intended to carry forward the rejection of claim 1, which is not repeated for the sake of brevity. The examiner further notes that after the rejection of claim 1, the beads of Xi were modified to be of different relative heights, and the result-effective variable reasoning introduced for claim 6 was intended to cover the further limitation recited in claim 6, where the first and second beads were required to be at certain differing heights.
In response to applicant’s argument regarding claim 6 on page 9 of applicant’s remarks that Omori does not disclose that its beads are arranged to combine to compress before a seal bead reaches a low load bead height, the examiner notes this limitation is not met by Omori alone, as stated in the rejection of previous claim 6 and now amended claim 1, but by the routine optimization of the different bead heights that one skilled in the art would have found obvious in view of modified Xi. The examiner further notes that the claim does not recite or distinguish any particular effect or characteristics of the claimed “low load height”, and as such this limitation is given its broadest reasonable interpretation, which is a height that is taller than a high load height.
In response to applicant’s argument regarding claim 6 on page 10 of applicant’s remarks that the Office Action does not articulate a reason why a person of ordinary skill would arrive at this specific combination, because Omori does not recognize the parameter relevant to the claimed invention’s problem relating to minimum seal force, and that the optimization of a variable recognized for one purpose does not necessarily render obvious the same variable’s optimization for an unrecognized, different purpose, the examiner disagrees. First, the examiner notes that, as stated in the rejection, Omori discloses the use of beads of differing heights to suppress the deformation of the outer bead seal to maintain sealing function and prevent gas leakage ([0065]). Omori is thus disclosing the relationship between bead height with respect to the seal and deformation due to seal over compression. One skilled in the art would recognize as well, that in order to maintain a seal, some compression of the seal must necessarily be present, and so a minimum compression is further understood to be a factor, as was stated in the result-effective variable analysis – that the reason for optimization of the bead heights would have been to achieve the desired balance between reduction in compression of the seal bead and ensuring contact of the seal bead with the adjoining plate for proper sealing. Finally, as stated above, the examiner notes that previous claim 6 and amended claims 1, 13, and 19 do not require any particular distinguishing characteristics or effects of the “low load bead height” limitation.
Conclusion
THIS ACTION IS MADE FINAL. 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 TIMOTHY HEMINGWAY whose telephone number is (571)272-0235. The examiner can normally be reached M-Th 6-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.G.H./Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
