CTNF 18/344,173 CTNF 97569 DETAILED ACTION 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-21-aia AIA 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); PNG media_image1.png 404 874 media_image1.png Greyscale 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. 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 6 , 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 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). PNG media_image2.png 404 874 media_image2.png Greyscale 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). PNG media_image1.png 404 874 media_image1.png Greyscale 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); PNG media_image1.png 404 874 media_image1.png Greyscale 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. 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) . 07-21-aia AIA 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); PNG media_image1.png 404 874 media_image1.png Greyscale 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 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). PNG media_image2.png 404 874 media_image2.png Greyscale Conclusion 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. 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, 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. 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. /T.G.H./Examiner, Art Unit 1754 /SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754 Application/Control Number: 18/344,173 Page 2 Art Unit: 1754 Application/Control Number: 18/344,173 Page 3 Art Unit: 1754 Application/Control Number: 18/344,173 Page 4 Art Unit: 1754 Application/Control Number: 18/344,173 Page 5 Art Unit: 1754 Application/Control Number: 18/344,173 Page 6 Art Unit: 1754 Application/Control Number: 18/344,173 Page 7 Art Unit: 1754 Application/Control Number: 18/344,173 Page 8 Art Unit: 1754 Application/Control Number: 18/344,173 Page 9 Art Unit: 1754 Application/Control Number: 18/344,173 Page 10 Art Unit: 1754 Application/Control Number: 18/344,173 Page 11 Art Unit: 1754 Application/Control Number: 18/344,173 Page 12 Art Unit: 1754 Application/Control Number: 18/344,173 Page 13 Art Unit: 1754
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