Prosecution Insights
Last updated: August 17, 2026
Application No. 18/412,780

UNIT CELL OF FUEL CELL STACK

Non-Final OA §103
Filed
Jan 15, 2024
Priority
Oct 05, 2023 — RE 10-2023-0132720
Examiner
WILLS, MONIQUE M
Art Unit
Tech Center
Assignee
Kia Corporation
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
55%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
1376 granted / 1604 resolved
+25.8% vs TC avg
Minimal -31% lift
Without
With
+-31.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
34 currently pending
Career history
1640
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
60.8%
+20.8% vs TC avg
§102
17.8%
-22.2% vs TC avg
§112
17.3%
-22.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1604 resolved cases

Office Action

§103
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 . Foreign Priority Documents The Korean foreign priority document(s) 10-2023-0132720, submitted under 35 U.S.C. § 119 (a)-(d), was/were been received on February 14, 2024 and placed of record in the file. 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. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over ODA et al. US Pub. US-20220311019-A1 in view of WILSON et al. WO-9813891-A1. With respect to claim 1, ODA teaches a unit cell of a fuel cell stack (10; Fig. 1), the unit cell comprising: an electricity-generating assembly (EGA is MEA 12; Fig. 1 & [0021]) in which a membrane electrode assembly (MEA 12 includes a membrane electrode assembly ; [0022]; Fig. 1) and a gas diffusion layer are bonded (the first electrode includes a first electrode catalyst layer provided on the one surface of the electrolyte membrane, and a first gas diffusion layer laminated on the first electrode catalyst layer, the second electrode includes a second electrode catalyst layer provided on the another surface of the electrolyte membrane, and a second gas diffusion layer laminated on the second electrode catalyst layer and having surface dimensions greater than surface dimensions of the first gas diffusion layer; [0009]); a sheet comprising a through hole configured to flow a gas therethrough (through hole; Fig. 1), a first separator coupled to the sheet (a first separator; Fig. 1) and comprising a first reaction flow field (fuel gas flow field 38; Fig. 1; [0026]) through which a first gas flows on a first side of the first separator (Fig. 1); and a second separator (second separator 32; Fig. 1) coupled to the sheet (sheet; Fig. 1) and comprising a second reaction flow field (second reaction flow field 38; Fig. 1) through which a second gas flows on a first side of the second separator (Fig. 1), a second gas flow field connected to a first end or a second end of the second reaction flow field (32 second separator includes 38 second reaction flow field in the center connected to 50 second gas flow field; Fig. 1), and a first gas flow field (first gas flow field; Fig.1) connected to the first reaction flow field (38; Fig. 1) through the through hole disposed in the sheet at a point spaced apart from the second gas flow field (Fig. 1). With respect to claim 2, the gas diffusion layer of the EGA comprises a first gas diffusion layer and a second gas diffusion layer, an area of the first gas diffusion layer is smaller than an area of the second gas diffusion layer (the first electrode includes a first electrode catalyst layer provided on the one surface of the electrolyte membrane, and a first gas diffusion layer laminated on the first electrode catalyst layer, the second electrode includes a second electrode catalyst layer provided on the another surface of the electrolyte membrane, and a second gas diffusion layer laminated on the second electrode catalyst layer and having surface dimensions greater than surface dimensions of the first gas diffusion layer; [0009]). PNG media_image1.png 766 1561 media_image1.png Greyscale With respect to claim 3, a first gas manifold configured to flow the first gas therethrough and a second gas manifold configured to flow the second gas therethrough, wherein the first gas manifold and the second gas manifold are disposed at a plurality of points of the first separator, the second separator, or the sheet (gas manifolds 16b, 20a, 18a in the sheet; 18a, 20a & 16b in the first separator; 18a, 20a & 16b in the second separator; Fig. 1). With respect to claim 4, first gas flow field is connected to the first gas manifold disposed in the second separator (first gas flow field is connected to the first gas manifold 16b, 20a, 18a, connected the second separator; Fig. 1; Examiner Note: the two separators & sheet all fluidly connected through gas manifolds 18a, 20a & 16b) and wherein the second gas flow field is connected to the second gas manifold disposed in the second separator (second gas flow field is connected to second gas manifold 16b, 20a, 18a, disposed in the second separator; Fig. 1). With respect to claim 5, the first gas is flowable into the first gas flow field through the first gas manifold (16a in the first separator; Fig. 1), and the first gas flowing into the first gas flow field passes through the through hole of the sheet (16b of the sheet; Fig. 1) and flows into the first reaction flow field of the first separator (Fig. 1). With respect to claim 6, one end of the first gas flow field is bent and connected to the through hole (first gas flow field in the first separator is bent and fluidly connected to the through hole: Fig. 1). With respect to claim 7, a gasket disposed around the first gas manifold (45b is a seal line around first gas manifold in the first separator; Fig. 1) , the second gas manifold (45b is a seal line around second gas manifold in the second separator; Fig. 1), the second reaction flow field (line seal gasket 45a around second reaction flow field 38 in the second separator; Fig. 1), the first gas flow field, or the second gas flow field disposed on one side of the second separator (line seal gasket 45a around second reaction flow field 38 in the second separator; Fig. 1). With respect to claim 8, the gasket comprises: a first gasket disposed around the first gas manifold (seal line gasket around 18a; Fig. 1), the second gas manifold (seal line gasket around 16b; Fig. 1) , or the second reaction flow field (seal line gasket around second reaction flow field 38 in the second separator; Fig. 1); and a second gasket (45; Fig. 1) disposed around the first gas flow field and the second gas flow field (45; Fig. 1). With respect to claim 9, the first gasket is continuous (18a & 16b; Fig. 1). With respect to claim 10, the gasket is disposed between adjacent first gas flow fields or adjacent second gas flow fields (45 is between adjacent gas flow fields in separators 32; Fig. 1). With respect to claim 11, a gasket disposed around the first gas manifold (gasket 45b around 18a; Fig, 1), the second gas manifold (45b around 16b; Fig, 1), With respect to claim 12, a coolant manifold (20a on the first separator; Fig. 1 Examiner Note: first and second separator plates are identical, so see the coolant manifold in the second separator ) through which a coolant is flowable disposed on the first separator (20a on the first separator; Fig. 1 Examiner Note: first and second separator plates are identical, so see the coolant manifold in the second separator), the second separator (20a on the second separator; Fig. 1), or the sheet (20a on the sheet; Fig. 1)on which the first gas manifold and the second gas manifold are disposed (sheet and first and second separator plates include coolant manifold first gas manifold 18a and the second gas manifold 16b; Fig. 1), and a coolant flow field through which the coolant is flowable disposed on a second side of the first separator or the second separator (40 coolant flow field on a second side of the second separator; Fig. 1). With respect to claim 13, a gasket disposed around the first gas manifold (gasket 45b around 18a; Fig, 1), the second gas manifold (45b around 16b; Fig, 1), the coolant manifold (gasket 45b around 20a; Fig, 1), disposed on the second side of the second separator (18a, 16b, 20a & 45b on second separator; Fig, 1). With respect to claim 14, the gasket surrounds the first gas manifold (gasket 45b around 18a; Fig, 1) or the second gas manifold (45b around 16b; Fig, 1). With respect to claim 15, a first gasket disposed on the first side of the second separator (45a on 14a: Fig. 1) and a second gasket disposed on a second side of the second separator; (45a on 14b: Fig. 1; 1 Examiner Note: plates 32 have the same gasket patterns). With respect to claim 16, a unit cell of a fuel cell stack (10; Fig. 1), the unit cell comprising: an electricity-generating assembly (EGA is MEA 12; Fig. 1 & [0021]) in which a membrane electrode assembly (MEA 12 includes a membrane electrode assembly ; [0022]; Fig. 1) and a gas diffusion layer are bonded (the first electrode includes a first electrode catalyst layer provided on the one surface of the electrolyte membrane, and a first gas diffusion layer laminated on the first electrode catalyst layer, the second electrode includes a second electrode catalyst layer provided on the another surface of the electrolyte membrane, and a second gas diffusion layer laminated on the second electrode catalyst layer and having surface dimensions greater than surface dimensions of the first gas diffusion layer; [0009]); a sheet comprising a through hole configured to flow a gas therethrough (through hole; Fig. 1), a first separator coupled to the sheet (a first separator; Fig. 1) and comprising a first reaction flow field (fuel gas flow field 38; Fig. 1; [0026]) through which a first gas flows on a first side of the first separator (Fig. 1); and a second separator (second separator 32; Fig. 1) coupled to the sheet (sheet; Fig. 1) and comprising a second reaction flow field (second reaction flow field 38; Fig. 1) through which a second gas flows on a first side of the second separator (Fig. 1), a second gas flow field connected to a first end or a second end of the second reaction flow field (32 second separator includes 38 second reaction flow field in the center connected to 50 second gas flow field; Fig. 1), and a first gas flow field (first gas flow field; Fig.1) connected to the first reaction flow field (38; Fig. 1) through the through hole disposed in the sheet at a point spaced apart from the second gas flow field (Fig. 1), wherein an end of the first gas flow field is bent and connected to the through hole (first gas flow field in the first separator is bent and fluidly connected to the through hole: Fig. 1). With respect to claim 17, the gas diffusion layer of the EGA comprises a first gas diffusion layer and a second gas diffusion layer, an area of the first gas diffusion layer is smaller than an area of the second gas diffusion layer (the first electrode includes a first electrode catalyst layer provided on the one surface of the electrolyte membrane, and a first gas diffusion layer laminated on the first electrode catalyst layer, the second electrode includes a second electrode catalyst layer provided on the another surface of the electrolyte membrane, and a second gas diffusion layer laminated on the second electrode catalyst layer and having surface dimensions greater than surface dimensions of the first gas diffusion layer; [0009]). With respect to claim 18, a first gas manifold configured to flow the first gas therethrough and a second gas manifold configured to flow the second gas therethrough, wherein the first gas manifold and the second gas manifold are disposed at a plurality of points of the first separator, the second separator, or the sheet (gas manifolds 16b, 20a, 18a in the sheet; 18a, 20a & 16b in the first separator; 18a, 20a & 16b in the second separator; Fig. 1). With respect to claim 19, a gasket disposed around the first gas manifold (gasket 45b around 18a; Fig, 1), the second gas manifold (45a around 16b; Fig, 1), the second reaction flow field, the first gas flow field (45a around the first gas flow field; Fig, 1), or the second gas flow field (45a around the second gas flow field; Fig, 1),disposed on the second side of the second separator (18a, 16b, 20a & 45a on second separator; Fig, 1). With respect to claim 20, a first gasket disposed on the first side of the second separator (45a on 14a: Fig. 1) and a second gasket disposed on a second side of the second separator; (45a on 14b: Fig. 1; 1 Examiner Note: plates 32 have the same gasket patterns). ODA does not teach or suggest: a sheet comprising an insertion groove, wherein the EGA is insertable into the insertion groove (claim 1 & 16); the first gas diffusion layer is insertable into the insertion groove of the sheet so that one side of the sheet is in contact with the membrane electrode assembly (claims 2 & 17); the second gasket is discontinuous (claims 9 & 11); and an adhesive around the first gasket to attach the second separator to the sheet (claims 15 & 20). WILSON teaches that it is well known in the art to employ: a sheet (67; Fig. 4) comprising an insertion groove, wherein the EGA is insertable into the insertion groove (Channels corresponding to, e.g., slots 88, 92 in gasket 66, are formed as grooves from the opposing corner manifold holes to the open active area in the gasket side of the combined frame; paragraph 9; Fig, 4; claim 1 & 16); the first gas diffusion layer is insertable into the insertion groove of the sheet so that one side of the sheet is in contact with the membrane electrode assembly (Channels corresponding to, e.g., slots 88, 92 in gasket 66, are formed as grooves from the opposing corner manifold holes to the open active area in the gasket side of the combined frame; paragraph 9; gas diffusion layer 112; Fig, 4 & 5; Examiner Note: the MEAs are in the center of the plates; claims 2 & 17). PNG media_image2.png 654 862 media_image2.png Greyscale ODA and WILSON are analogous art, from the seamer field of endeavor. namely fabricating polymer electrolyte membrane fuel cells (PEMFC). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ an insertion groove of WILSON to circumscribe the EGA in the fuel cell stack of ODA, in order to prevent gas leaks, absorb mechanical stress from clamp forces and align stack components. With respect to the second gasket bring discontinuous (claims 9 & 11); it would have been obvious in the fuel cell stack of ODA in view of WILSON, in order to reduce material waste. Furthermore, change in shape of essential working parts of a device is prima facie obvious. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). With respect to an adhesive around the first gasket to attach the second separator to the sheet (claims 15 & 20); it would have been obvious in the fuel cell stack of ODA in view of WILSON, in order to improve attachment integrity between the fuel cell components and prevent leaks. ODA teaches its well known in the art to employ adhesives to attach adjoining layers. See paragraphs [0049], [0050] & [0065]. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KO KR-20230095603-A Separator Unit For Fuel Cell And Unit Cell For Fuel Cell Including Same. See the configuration in Fig. 3. NAMBA et al, US-20220013795-A1, Method of Producing Fuel Cell Stack, see Fig. 2. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Monique Wills whose telephone number is (571) 272-1309. The Examiner can normally be reached on Monday-Friday from 8:30am to 5:00 pm. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONIQUE M WILLS whose telephone number is (571)272-1309. The Examiner can normally be reached on Monday-Friday from 8:30am to 5:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the Examiner's supervisor, Tiffany Legette, may be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://portal.uspto.gov/external/portal. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /Monique M Wills/ Examiner, Art Unit 1722 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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Prosecution Timeline

Jan 15, 2024
Application Filed
Aug 04, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
55%
With Interview (-31.2%)
2y 9m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1604 resolved cases by this examiner. Grant probability derived from career allowance rate.

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