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 .
Election/Restrictions
Applicant's election with traverse of Species 1(a), a species where the two individual plates engage in each other with a form fit, claims 1-2 and 5-6 (chose) and Species 2(a) and 2(b), a species where the 1st channels and the 2nd channels extend at least in part parallel to each other, claims 3-4 (Examiner chose because applicant did not make an election) in the reply filed on 7-8-2026 is acknowledged. The traversal is on the ground(s) that it would not be a burden to search all the different species. This is not found persuasive because there is a serious search and/or examination burden for the patentably distinct species as set forth because the species or groupings of patentably indistinct species require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
The requirement is still deemed proper and is therefore made FINAL.
Claims 7-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 7-8-2026.
Claim Rejections - 35 USC § 112
Claims 1-6 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 is rejected because unclear what is meant by “in the crossing regions”. Claim 1 is rejected because unclear what is meant by “raised channel bottom portions which receive the 2nd elevations of the 2nd channels”. Claim 2 and 5 are rejected. It is unclear how the phrase “engage in each other with a form fit” further limits claim 1 from which the claim depends from and then how claim 5 further limits claim to which further limits claim 1. Claim 4 is rejected because unclear what the claim is claiming.
Claim Rejections - 35 USC § 103
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) 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Martens (WO 2021/204681) in view of Jilani et al. (JP 7216833 B2) or Carlstrom (US 2003/0224239). Martens teaches on page 2, that the 1st channel structure and the 2nd channel structure are adapted to form a flow field channel pattern when the 1st metal plate and the 2nd metal plate are joined together. Martens teaches on page 2, that a welding bump of the 1st metal plate is projected towards the 2nd plate welding zone of the 2nd metal plate and that the 1st metal plate, and the 2nd metal plate are fixed together by laser beam welding. Martens teaches on page 3, by joining together the 1st and 2nd metal plates, a flow field channel pattern forms which serves for the flow of a coolant.
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Martens teaches in Figure 1a, the first metal plate (1) contains first channel structure (3) and in Figure 1b, a metal plate (2) comprising a second channel structure (4), in which protrusions including alternating flat parts 3a, 4a and channel walls 3b and 4b. The 1st channel structure (3) actually has the same design as the 2nd channel structure (4). Martens discloses the claimed invention of bipolar plates except for does not specifically teach the concept of interlocked or nested bipolar plates. Jilani et al. teaches that bi-polar plates can have an interlocked or nested position. Jilani et al. teaches different views of the bi-polar plate (12) in Figures 2-4, comprising two separate plates. Jilani et al. teaches and shows that structural element (51) is columnar and has a square cross-section which are uniformly distributed and thus form channels (52) in the form of a grid network.
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Carlstrom teaches a layered design for a fuel cell flow plate formed by mating at least 2 interlocking layers forming an internal fluid channel between them. Carlstrom teaches in [0012], that an advantage is provided that for a given channel volume, the size of the flow field plate in the amount of material required to manufacture the plate can be reduced there by allowing a more compact and less expensive design. Carlstrom teaches in [0018], that in some embodiments, the 1st channel of the flow field plate can have a square cross-sectional profile and other channel geometries are possible, including triangular and trapezoidal cross-sectional profiles. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the combination of bipolar plate of Martens in view of Jilani et al. because the bipolar plate would achieve improvements in compactness and reduce plate deformation.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Laura Weiner whose telephone number is (571)272-1294. The examiner can normally be reached 9 am-5 pm EST M-F.
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/LAURA S. WEINER/
Primary Examiner
Art Unit 1723
/Laura Weiner/Primary Examiner, Art Unit 1723
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