Prosecution Insights
Last updated: April 19, 2026
Application No. 18/363,346

END PLATE FOR CLAMPING ONE OR MORE FUEL CELLS IN A FUEL CELL ARRANGEMENT

Non-Final OA §102§103
Filed
Aug 01, 2023
Examiner
BARCENA, CARLOS
Art Unit
1723
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Airbus Operations GmbH
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
93%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
883 granted / 1101 resolved
+15.2% vs TC avg
Moderate +12% lift
Without
With
+12.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
38 currently pending
Career history
1139
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
44.4%
+4.4% vs TC avg
§102
27.4%
-12.6% vs TC avg
§112
19.7%
-20.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1101 resolved cases

Office Action

§102 §103
DETAILED ACTION Claim Rejections - 35 USC § 102 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. Claim s 1 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chae et al. (US 8,114,548). Regarding claim 1 , Chae discloses a fuel cell with auxiliary electric power supply comprising: an end plate on the side of the anode 114 substituted by the auxiliary electric power supply 120 (storage device for storing electrically energy ) (col. 3, line 20-22). Moreover, w hile the present embodiment presents an example of substituting the end plate on the side of the anode 114 with the auxiliary electric power supply 120 , it is also possible that the end plate on the side of the cathode 116 is substituted by the auxiliary electric power supply 120 or both end plates on the sides of the anode 114 and the cathode 116 are substituted by the auxiliary electric power supply 120 (col. 3 lines 23-31). Figure 1 to Chae is provided below. Regarding claim 10 , Linde teaches opening 132 is formed in the end plate 130 such that the outside air is supplied to the cathode 11 6 (col. 3, line 38-col. 4, line 2). 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. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim s 2, 11, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Chae et al. (US 8,114,548) in view of Uchiyama et al. (US 2021/0226244 ). Regarding claim 2 , Chae does not teach the end plate is made of a carbon fiber reinforced polymer. Uchiyama , directed to a fuel cell module, teaches t he material of each end plate is not particularly restricted, and it may be a metal such as stainless steel, or fiber-reinforced plastic such as carbon fiber reinforced plastic or glass fiber reinforced plastic (para 0056). It would have been obvious to one of ordinary skill in the art before the effective filing date to select any of the recited material based on the desired strength and weight requirements. Regarding claim s 11 and 18 , Uchiyama teaches a pair of end plates 12 clamping the fuel cell stack 11 in the stacking direction of the fuel cell stack 11 , and fastening members 13 that are fastened to the pair of end plates 12 , thereby constraining the fuel cell stack 11 (Fig. 1). Claim s 3-9 are rejected under 35 U.S.C. 103 as being unpatentable over Chae et al. (US 8,114,548) in view of Linde et al. (US 2019/0181452). Regarding claim 3 , Chae teaches the auxiliary electric power supply can be a lithium polymer battery (col. 1, lines 49-50). Chae does not expressly teach two electrode piles separated by a separator ply. Linde, directed to a battery cell, teaches the battery cell comprises an anode, a cathode, and a separator (abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date that lithium batteries include essential elements including a n anode, a cathode, and a separator. Regarding claim 4 , Linde teaches a t least one of the anode or the cathode may comprise a carbon fiber laminate comprising a plurality of carbon fiber plies (para 0037). Regarding claim 5 , Chae teaches the auxiliary electric power supply can be a lithium polymer battery (col. 1, lines 49-50); therefore, must cont ain lithium . Official Notice is taken with respect that common positive active materials for lithium-ion batteries include LiCoO 2 , NMC-oxides, and LiFePO 4 , all which include lithium ions. Regarding claim 6 , Linde teaches separator 5 may have been obtained by the lamination of eight plies of glass fiber spread tow tapes, impregnated with a matrix such as for example a resin of HexFlow® RTM6 commercialized by Hexcel® (para 0101). Regarding claim 7 , Linde teaches other elements of the battery include charge ( current ) collectors (para 0102) . Regarding claim s 8 and 9 , Linde teaches a plurality of a cathode 3 , an anode 4 , and a separator 5 (Fig. 2). A battery commonly contains stacks of these alternating elements. Claim s 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Chae et al. (US 8,114,548) in view of Uchiyama et al. (US 2021/0226244 ) as applied to claim 11 above, and in further view of Li et al. (CN 109904486) , machine translation. Regarding claim 12 , Chae does not teach a heating device producing heat when fed with electrical energy. Li , directed to a bipolar fuel battery, teaches a heating resistance layer in the galvanic pile of a bipolar plate surface, at the same time through the circuit design, the heating resistance layer is connected with the external power supply (abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date to further comprise resistive heating as a way to realize the fast warm-up of the galvanic pile itself through the fuel cell in order to solve the problem for starting fuel battery with low temperature, raising low temperature environment adaptability of the fuel cell (abstract) . Regarding claim 13 , Li teaches a heating resistor layer 3 attached to the perimeter of a bipolar plate (Figs. 1 and 2). Regarding claim 14 , Chae teaches end plate includes a lithium polymer battery (col. 1, lines 49-50) and Li teaches heating done through external power supply . It would have been obvious to one of ordinary skill in the art before the effective filing date to use the battery of Chae as the external power supply to provide the resistive heating. Regarding claim s 15 and 16 , Li teaches the end plate assists the one or more fuels cells in operating an electrical consumer (Fig. 3). Claim s 17 is rejected under 35 U.S.C. 103 as being unpatentable over Chae et al. (US 8,114,548) in view of Uchiyama et al. (US 2021/0226244 ) as applied to claim 11 above, and in further view of Deguchi (JP 2001-28807) , machine translation. Regarding claim 17 , Chae does not teach wherein the one or more of fuel cells are electrically connected to the end plate for charging the one or more integrated storage devices with electrical energy produced in the fuel cell. Deguchi , directed to a hybrid battery, teaches charging a secondary battery with a fuel cell (para 0011). It would have been obvious to one of ordinary skill in the art before the effective filing date to charge the battery with surplus electric power generated by a fuel cell (para 0011) when the power demand on the fuel cell is low. Claim s 11 , 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chae et al. (US 8,114,548) in view of Guenther et al. (US 2023/0387443 ). Regarding claim s 11 and 19 , Chae does not teach a clamping device. Guenther , directed to a fuel cell assembly with improved contact pressure distribution, teaches a fuel cell stack assembly utilizing tension rods and washers and end-plates to apply compressive force to a fuel stack (Fig. 16A-B). It would have been obvious to one of ordinary skill in the art before the effective filing date to use a clamping device such as tension rods in order to hold the fuel cell together and provide u niform contact pressure distribution across the active area of fuel cells in a fuel cell stack (abstract). Regarding claim 18 , Guenther teaches end plates 120 , 130 (Fig. 1). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT CARLOS BARCENA whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5780 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Thursday 8-5 pm . 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, FILLIN "SPE Name?" \* MERGEFORMAT Tong Guo can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)272-3066 . 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 . /CARLOS BARCENA/ Primary Examiner, Art Unit 1723
Read full office action

Prosecution Timeline

Aug 01, 2023
Application Filed
Mar 08, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
93%
With Interview (+12.5%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 1101 resolved cases by this examiner. Grant probability derived from career allow rate.

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