Prosecution Insights
Last updated: July 17, 2026
Application No. 18/410,264

SEPARATOR FOR FUEL CELL

Non-Final OA §103§112
Filed
Jan 11, 2024
Priority
Jan 23, 2023 — JP 2023-007993
Examiner
WEI, YVONNE
Art Unit
Tech Center
Assignee
Toyota Boshoku 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
14 currently pending
Career history
3
Total Applications
across all art units

Statute-Specific Performance

§103
100.0%
+60.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§103 §112
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 . 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. Claim 5 is 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 5 recites the phrase "the portion in which the groove is provided" in line 3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the examiner has interpreted this as “a portion in which the groove is provided”. 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. Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aono (US 20220384819 A1) in view of Okabe et al. (US10340532B2). Regarding claim 1, Aono teaches a separator for a fuel cell, comprising: multiple gas passages arranged side by side on a facing surface (Fig. 20, 447, [0348]) configured to face a power generating unit of the fuel cell (Fig. 20, 412 [0352]), the gas passages being configured to allow reactant gas to flow through the gas passages (Fig. 20, 447, [0348]); and multiple cooling passages provided on a cooling surface that is on a side opposite to the facing surface, each cooling passage being located between adjacent ones of the gas passages and being configured to allow a coolant to flow through the cooling passage (Fig. 20, 448, [0348]), wherein an upstream side and a downstream side in a flow direction of the reactant gas in each gas passage are defined as an upstream side and a downstream side, respectively (Fig 21, see figure below), the gas passages include: multiple upstream passages arranged side by side (Fig. 21, 437, [0324], see figure below); a merging portion that is configured such that the reactant gas flowing through at least two of the upstream passages merges at the merging portion (Fig. 21, 471a, 471b, 471c, [0353]); and a downstream passage that extends from the merging portion toward the downstream side (Fig. 21, 437A. [0340], see figure below), and the cooling surface includes: a downstream end portion, the downstream end portion being a section in one of the cooling passages, the section being located between adjacent ones of the upstream passages and at an end portion of the cooling passage on a downstream side in a flow direction of the coolant ([0341]-[0342], see figure below). However, Aono does not teach that there is a groove that connects the downstream end portion to another one of the cooling passages that is adjacent to the downstream end portion with one of the gas passages in between. PNG media_image1.png 327 595 media_image1.png Greyscale Okabe teaches a separator for a fuel cell comprising of gas passages that configured to face a power generating cell (Fig. 6, AS, Col. 13, lines 41-45) and coolant passages on a side opposite to the facing surfaces and adjacent to gas passages (Fig. 6, CS, Col. 13, lines 34-41). Okabe also teaches that there is a groove that connects cooling passages with each other (Fig. 6, 314, Col. 14, lines 1-5). Therefore, it would be obvious to a person having ordinary skill in the art before the effective filing date to modify the gas passages to include grooves that connect the downstream end portion to another one of the cooling passages that is adjacent to the downstream end portion with one of the gas passages in between. This is because grooves allow flexible arrangement of the flow paths for the coolant without increasing the total number of parts (Okabe et al. Col. 2, lines 28-42). Regarding claim 2, modified Aono teaches the separator for the fuel cell according to claim 1, wherein the groove is one of at least two grooves, the grooves being provided in portions of the cooling surface that are on a side opposite to two of the upstream passages adjacent to the downstream end portion (Okabe et al. Fig. 6, 314, Col. 14, lines 1-5). Regarding claim 3, modified Aono teaches the separator for the fuel cell according to claim 2, wherein the downstream end portion includes an axis that extends linearly, and the arrangement of two of the upstream passages that are adjacent to the downstream end portion is symmetrical with respect to the axis (Aono Fig. 26, see figure below). PNG media_image2.png 156 225 media_image2.png Greyscale Regarding claim 4, modified Aono teaches the separator for the fuel cell according to claim 1, wherein the downstream end portion includes an axis that extends linearly (Aono Fig. 26, see figure below), two of the upstream passages that are adjacent to the downstream end portion respectively include diagonal portions, the diagonal portions being diagonal with respect to the axis such that the distance between the diagonal portions decreases toward the merging portion (Aono Fig. 26, see figure below), and the groove is provided in a portion of the cooling surface that is on a side opposite to each of the diagonal portions (Okabe et al. Fig. 6, 314, Col. 14, lines 1-5, see figure below). PNG media_image3.png 240 199 media_image3.png Greyscale Since Okabe teaches that the grooves are placed throughout the gas passages, it would be obvious for a person having ordinary skill in the art before the effective filing date to add multiple grooves on the gas passages of Aono, including grooves that are on a portion of the cooling surface that is on a side opposite to each of the diagonal portions. Regarding claim 5, modified Aono teaches the separator for the fuel cell according to claim 1, wherein the facing surface includes a protrusion in a portion of the facing surface that is on a side opposite to the portion in which the groove is provided, the protrusion protruding into the gas passage (Okabe et al. Fig. 14, 314, Col. 23, lines 14-27), and the protrusion is inclined such that a protruding amount increases toward the downstream side (Okabe et al. Fig. 14, 314, Col. 23, lines 14-27). Since the protrusion amount is increasing in either direction, it means that it is inclined toward the downstream side. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to YVONNE WEI whose telephone number is (571)270-0870. The examiner can normally be reached Monday-Thursday 7:30am-5pm, Friday 7:30am-4pm. 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, Niki Bakhtiari can be reached at (571) 272-3433. 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. /YVONNE WEI/ Examiner, Art Unit 1722 /ANCA EOFF/ Primary Examiner, Art Unit 1722
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Prosecution Timeline

Jan 11, 2024
Application Filed
Jun 22, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allowance rate.

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