Prosecution Insights
Last updated: October 02, 2026
Application No. 18/405,004

STACK CARTRIDGE ASSEMBLY

Non-Final OA §102§103§112
Filed
Jan 05, 2024
Priority
Jan 06, 2023 — RE 10-2023-0002396
Examiner
RUSERE, LINAH NATSAI
Art Unit
Tech Center
Assignee
Kia Corporation
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-60.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
19 currently pending
Career history
11
Total Applications
across all art units
This examiner has no resolved cases yet (career too new); statute-level performance unavailable. The Grant Probability card shows Tech Center averages instead.

Office Action

§102 §103 §112
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites “ a (1-1 )-th end plate disposed in the reference direction of the first cells; and a (1-2)-th end plate disposed on an opposite direction to the reference direction”. This phrase “opposite direction” is indefinite as it implies a different alignment of the plates. For the purposes of this examination the phase “ a (1-1 )-th end plate disposed in the reference direction of the first cells; and a (1-2)-th end plate disposed on an opposite direction to the reference direction;” will be interpreted as ““ a (1-1 )-th end plate disposed in the reference direction of the first cells; and a (1-2)-th end plate disposed on the opposite side of the stack.” Claims 2-16 are rejected as containing the same indefinite language as the parent claim. 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. (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. Claims 1, 14-15 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Sato et al. (US 20050106446 A1). Claim 1: Sato teaches a fuel cell system (10) comprising a first fuel cell stack (12) and second fuel cell stack (14) having the same structure connected in parallel, wherein each stack comprises of a plurality of cells [0034], wherein first fuel cell stack (12) comprises cells stacked in the stacking direction (i.e., the reference direction), and the stack is housed in a casing (i.e., first stack cartridge) that has two end plates (26a and 26b) disposed on opposite ends of the stack body (20) with the inner surfaces of the end plates facing the stack body (20) [0035] (fig. 2), and a second fuel cell stack (14) comprising cells stacked in the stacking direction (i.e., the reference direction), wherein the second fuel cell stack (14) is housed in a casing (i.e., second stack cartridge) the has two end plates (26a and 26b) disposed on opposite ends of the stack body (20) with the inner surfaces of the end plates facing the stack body (20) [0035] (fig. 2), wherein the first end plate of cell stack (12) (26a) and the second end plate of cell stack (14) 26b) are connected by a manifold and have corresponding rectangular shapes [0035] (fig. 2, fig. 5). Claims 14-15: Sato teaches a first cooling hole passing along the reference direction and disposed between the (66a,1-1th hole), and the (70b, 1-2th hole), the first cooling hole formed in the end plate (26a) of fuel cell stack (12) case( (1-1 )-th end plate); and a second cooling hole passing along the reference direction and disposed between the (72a, 2-1th hole), and the (76b, 2-2th hole), the second cooling hole formed is formed in the end plate (26b) (i.e., (2-2)-th end plate), wherein , the coolant inlet ports (68a, 74a) are positioned adjacent to each other and in communication via the manifold, and , the coolant outlet ports (68b, 74a) are positioned remote from each other, and in communication via the manifold (Figs. 4- 5). 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. Claims 2, 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (US 200501064446 Al), and further in view of Gao et al. (US 20220285959 A1). Claim 2, 5-7: Sato teaches the oxygen-containing gas inlet ports, the coolant inlet ports,(76b, 2-4th hole), the fuel gas inlet ports, the coolant outlet ports, and the oxygen-containing gas outlet are provided symmetrically with respect to each other about an intermediate position P between the first fuel cell stack (12) and the second fuel cell stack (14), wherein the fuel gas inlet ports (70a,1-1th hole), (76a, 2-1th hole) are positioned remote from each other but in communication via the manifold, and the oxygen-containing gas inlet ports (66a, 1-2th hole) and (72a, 2-2th hole) are positioned adjacent to each other and are in communication via the manifold, wherein and the oxygen-containing gas outlet ports (66b, 1-3th hole) and (72b, 2-3th hole) are positioned remote from each other and in communication via the manifold and the fuel gas outlet ports (70b, 1-4th hole),(76b, 2-4th hole), are positioned adjacent to each other and are in communication via the manifold [0054] (Fig. 5). Sato also teaches the gas and fuel inlet holes are square shaped and have the same size. Sato does not teach inlets and outlets of circular shape or different sizes. However, Gao teaches fuel cell stacks comprising such spliced bipolar plates [0001] wherein the spliced bipolar plate of a fuel cell includes fuel inlet opening (5-1, 1-1th hole) and fuel outlet (5-2, 1-4th hole), coolant inlet and outlet openings (6-1, 6-2) and oxidant inlet opening(7-1, 1-2th hole) and oxidant outlet opening (7-2, 1-3th hole) are provided, wherein the fuel inlet and outlet openings (5-1, 5-2) have diameters larger than the oxidant inlet and outlet openings (7-1, 7-2), wherein the oxidant inlet and outlet openings (7-1, 7-2) have the same corresponding diameter, and fuel inlet and outlet openings (5-1, 5-2) have the same corresponding diameter (Fig. 1), wherein the direction facing the opening(7-1, 1-2th hole) from the opening (5-1, 1-1th hole) is perpendicular to the direction facing the opening (7-2, 1-3th hole) from the opening (5-1, 1-1th hole). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filling the instant invention to have modified Sato’s end plates in fuel cell system by enlarging the fuel inlet and outlet holes because Gao teaches such a fuel cell system is operable. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (US 200501064446 Al) and Gao et al. (US 20220285959 A1), and further in view of Beie et al. (US 20190379081 A1) and Konno et al. (US 20130236803 A1). Claim 3: Sato teaches the end plates of the fuel cell stacks with fuel and oxygen inlet and outlet holes. Sato does not teach the corresponding end plates are in contact or grooves and sealing members surrounding the holes. However, Beie teaches configuring multiple detachable sub-stacks in a linear configuration with a stabilization plate between them with a common medium supply [0059, claim 23 and 30], wherein operating medium channels extend through the first and second sub-plates (i.e., the gas inlet and outlet hole of the sub-stacks correspond to each other (Figs. 1, 3 and 4). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filling the instant invention to have modified Sato’s fuel cell assembly by connecting the two stacks linearly with the endplates of the stacks in contact to simplify the medium supply system while stabilizing the stack with the two end plates. Konno teaches a fuel cell module includes a stacked body which includes: a stacked structure including a pair of separators disposed to sandwich the stacked structure, the separators being arranged at least one end of the stacked body in the stacking direction, the separators which are arranged at the end of the stacked body having a groove which is capable of receiving a sealing member (i.e., O-ring) in a face which does not oppose to the stacked structure, and the at least one groove being a deep groove of which depth is larger than the thickness of the separator having the groove so that leakage of gases can be prevented [0041]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filling the instant invention to have connected the cell stacks by disposing the end plates of the cell stacks such that the corresponding inlet and outlet holes have groove are in contact thorough a sealing member to prevent leakage of gasses. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (US 200501064446 Al), Gao et al. (US 20220285959 A1), Beie et al. (US 20190379081 A1) and Konno et al. (US 20130236803 A1), and further in view of Jung et al. (US 20070042255 A1). Claim 4: As described above, Sato teaches end plates disposed on both sides of the stack body. Sato does not teach a first boss protruding out of the surface of the end plate. Jung teaches a fuel cell stack wherein the fuel cell comprises a membrane electrode assembly and a seal that are situated between two flow plates wherein the seal effectively separates the anode from the cathode and prevents leakage of reactant and product streams [0006] wherein the seal comprises of a seal protrusion (4) [0011, 0030] (Fig. 1A) on the first compressive surface (2) and inner seal protrusion (5). Therefore, it would have been obvious to one of ordinary skill in the art to have modified Sato‘s fuel stack cartridge by providing sealing protrusions on the surface of one end and corresponding recesses on the other end plate to seal the two plates because Jung teaches such a seal effectively prevents leakage of reactants and products. Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (US 200501064446 Al), and further in view of Uchiyama et al. (US 20210226244 A1). Claim 8-9: Sato teaches corresponding grooves along the edges of the case (fig 4) of the end plates (fig 4). Sato does not teach a fastening recess on the periphery of the plate. However, Uchiyama teaches a fuel cell module comprising two end plates wherein each end plate (12) has a groove (12a) (i.e., fastening recess) on the side not facing the fuel cell stack in the stacking direction and fastening members (13) (i.e., pressing members) are fastened to the pare of end plates to constrain the fuel cell [0036, 0043], wherein each fastening member has anchoring parts (13b) (i.e., opposite ends) that are fitted into the grooves (12a) (Fig. 4) [0046]. Therefore, it would have been obvious to one of ordinary skill in the art to have modified Sato‘s fuel stack cartridge cases by including corresponding recesses and fastening members on each of the fuel cell stack cases to constrain the fuel cell stack. Claims 10-12, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (US 200501064446 Al) and Uchiyama et al. (US 20210226244 A1), and further in view of Isoda et a (US 2023/0395827 A1) Claim 10-12: Sato in combination with Uchiyama teach a fastening recesses and pressing members fastened to the end plates. Uchiyama further teaches the fastening member (13) (i.e., first pressing member) includes an anchoring part (13b, (1-1)-th part) configured to be inserted into the groove(12a,(1-1)-th fastening recess); an anchoring part (13b, (1-2)-th part) configured to be inserted into the groove (12 a,(1-2)-th fastening recess) and a band part (13a, (1-3)-th part) connecting the anchoring part (13b, (1-1)-th part) and the anchoring part (13b, (1-2)-th part) [0043-0044] (Figs. 1-4), wherein grooves (12c) span the sections that contact with the anchoring parts1(3b) (i.e., the fastening members 13 the length of the anchoring part corresponds to the length or the recess) [0044] (Fig. 2). However, Sato and Uchiyama do not teach an area protruding in the protrusion direction. However, Isoda teaches a fuel cell system comprising a first fuel cell stack (1a) which includes an end plate (11a) , and the second fuel cell stack (1b) includes an end plate (11b), where flanges (12a) are provided on the end plate (11a) and the flanges (22a) are provided on the auxiliary machine body (2) are bolted by through bolts (21a, (1-1)-th part) that pass through the bolt holes provided in the flanges 12a and the flanges 22a, such that the first fuel cell stack la and the auxiliary machine body (2 )are fastened and fixed. The auxiliary machine body (2) incorporates gas flow paths of the fuel cell system 100, a combustor (a discharged gas combustor) (3) serving as an auxiliary machine, and a heat exchanger 4 (see FIGS. 3a and 3b ) [0023]. Therefore, it would have been obvious to one of ordinary skill in the art to have arranged the fuel stacks linearly with a connecting member interposed between the two stacks and provided flanges on the end plates so that the fuel stacks are fastened and fixed. Claim 18: As described above Sato in combination with Uchiyama and Isoda teach a plurality of first cells stacked along the reference direction; a (1-1 )-th end plate disposed in a reference direction of the first cells; a (1-2)-th end plate disposed in an opposite direction to the reference direction; and a first pressing member configured to press the (1-1 )-th end plate and the (1-2)-th end plate such that the (1-1 )-th end plate and the (1-2)-th end plate press each other; a second stack cartridge including: a plurality of second cells stacked along the reference direction; a (2-1 )-th end plate disposed in the reference direction of the second cells; a (2-2)-th end plate disposed in the opposite direction to the reference direction; and a second pressing member configured to press the (2-1)-th end plate and the (2- 2)-th end plate such that the (2-1 )-th end plate and the (2-2)-th end plate press each other; and a connection member connecting the first pressing member and the second pressing member. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (US 20050106446 Al) and Gao et al. (US 20220285959 A1), and further in view of Ushino et al. (US 20220246971 A1). Claim 13: Sato does not teach fuel electrode introduction holes. However, Ushino teaches fuel cell system including: a fuel cell; and a fuel pack including: a fuel storing section for storing a fuel for generating power by the fuel cell, a fuel supply port which is provided in the fuel storing section, and is connected to a solution supply port of a fuel electrode of the fuel cell, a discharged-solution storing section for storing solution discharged from the fuel cell, a discharged-solution recovery port which is provided in the discharged-solution storing section, and is connected to a solution discharge port of an air electrode of the fuel cell [abstract]. Therefore, it would have been obvious to one of ordinary skill in the art to have configured fuel electrode port corresponding to the fuel supply port because Ushino teaches such is an operable electrode. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (US 20050106446 Al), and further in view of Fernandez et al. (US 20220246971 A1). Claim 16: Saito teaches a fuel cell system comprising two fuel cell stacks. Saito does not teach a third fuel cell stack. However, Fernandez teaches a device for grouping fuel cells wherein two or more fuel cell stacks can be connected by a manifold (Fig. 3) [0040] which can be applied when many fuel cells are required [0008]. Therefore, it would have been obvious to one of ordinary skill in the art to have modified Saito’s furl cell system to include three furl cell stacks because Fernandez teaches such is an operable fuel cell system. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (US 20050106446 Al), and further in view of Seo et al. (US 20200343572 A1). Claim 17: Sato teaches each of the unit cells (18) includes a membrane electrode assembly ( electrolyte electrode assembly) (30) [0036]. Sato does not teach a method to detect malfunction of fuel cell stack membrane electrodes. However, Seo teaches a process of replacing a stack module, in which failure has occurred, in the fuel cell system wherein a controller (CLR) is configured to monitor the individual stack modules to diagnose abnormality or failure of the stack modules [0036], wherein the stack module can be disconnected and replaced [0037]. Seo further teaches when failure occurs in the stack module , maintenance of the stack module is enabled without stopping the operation of the fuel cell system, thereby increasing the rate of operation of the fuel cell system[0035]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the instant invention to have included a controller in Sato’s fuel cell system to detect failing fuel cell stacks and replace them without interrupting operation of the fuel cell system. Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (US 20050106446 Al), Uchiyama et al. (US 20210226244 A1) and Isoda et a (US 2023/0395827 A1), and further in view of Seo et al. (US 20200343572 A1). Claim19: as described above in claim 18, Sato teaches each of the unit cells (18) includes a membrane electrode assembly ( electrolyte electrode assembly) (30) [0036]. Seo teaches a processor configured to: detect malfunction among the plurality of membrane electrode assemblies in at least one of the first stack cartridge and the second stack cartridge; and upon a detection of malfunction, provide an alert of the detection to replace the stack cartridge containing the malfunctioning membrane electrode assembly, as described in claim 17. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINAH RUSERE whose telephone number is (571)272-9954. The examiner can normally be reached Mon-Fri 8:00-5:00 EST. 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 Cleveland can be reached at 571-272-1418. 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. /L.N.R./Examiner, Art Unit 1712 /JOSEPH A MILLER, JR/Primary Examiner, Art Unit 1712
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Prosecution Timeline

Jan 05, 2024
Application Filed
Aug 26, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
Low
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