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 35 USC 119(a)-(d) or (f).
Information Disclosure Statement
Information Disclosure Statements (IDS) submitted 9/01/2023 has been received and considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
All “wherein” clauses are given patentable weight unless otherwise noted. Please see MPEP 2111.04 regarding optional claim language.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Schaetzel et al. DE-102009034141-A1 (hereinafter “Schaetzel”), as evidenced by NTN Europe, Fixed and Floating Bearings, 2022, Pages 124-127 (hereinafter “NTN”).
Regarding Claim 1, Schaetzel discloses a fuel cell device (electrochemical device which may be in particular a fuel cell system) (see paragraphs [0002]-[0004] and [0103]), wherein the fuel cell device comprises the following:
a fuel cell stack unit 102 in Figs. 1-4 and 23 (see paragraphs [0002]-[0004] and [0103]);
a supporting frame (external support structure) 112, in particular a housing 100, in which the fuel cell stack unit is arranged in Figs. 1-4, 14, and 23 (see paragraphs [0007]-[0008] and [0103]-[0111]),
a bearing device, by means of which the fuel cell stack unit is mounted (housing is placed on a surface of crossbeams) in the supporting frame, in particular in the housing in Figs. 1-4, 14, and 23 (see comparison of structures below) (see paragraphs [0103]-[0111]),
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Figure 1. Instant Application Supporting Frame
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Figure 2. Schaetzel Supporting Frame
wherein the fuel cell device comprises a fixed bearing device and a floating bearing device (tensioning/clamping device) 108 (see paragraphs [0103]-[0112]). The instant application discloses the fuel cell stack unit is fixedly mounted on one side in the supporting frame of the fuel cell device by means of the fixed bearing device (paragraph [0056] of instant application) and Schaetzel discloses on each of the second crossbeams 124, several feet 128 pointing downwards in the longitudinal direction 116 of the housing 100 are arranged, by means of which the housing can be placed on a surface (i.e., mounted on the supporting frame) in Figs. 1-4 and 14 (see paragraph [0106]) which would function as the claimed fixed bearing device.
Schaetzel further discloses wherein the floating bearing device 108 comprises one or more floating bearing units (at least one spring element) 110/300 (comparable to floating bearing device 146 of instant application) in Figs. 1-4, 17-19, and 23-25 (see paragraphs [0007], [0023], [0032]-[0036], [0118]-[0130], and [0187]-[0195]).
The spring element of Schaetzel would function as a floating bearing unit as evidenced by NTN. NTN discloses fixed bearings prevent axial movement and floating bearings permit axial movements and are easily movable to compensate for thermal expansion (see pages 124-126). As such the spring element of Schaetzel, which allows for compression (axial movement) to compensate for thermal expansion (see paragraphs [0002], [0036], [0042], and [0118]-[0130]), would meet the limitation of a floating bearing unit.
Regarding Claim 2, Schaetzel discloses the fuel cell device according to claim 1 (see rejection of claim 1 above). Schaetzel further discloses wherein the floating bearing device 108 is designed such that the fuel cell stack unit 102 is mounted in the supporting frame 112, in particular in the housing 100, of the fuel cell device such that torsion of the fuel cell stack unit 102 can be limited and/or substantially prevented (well-defined clamping force to overcome bulging of fuel cell stack/avoid uncontrolled deformation) (see paragraphs [0005]-[0007], [0009]-[0010], and [0135]-[0136]).
Regarding Claim 3, Schaetzel discloses the fuel cell device according to claim 1 (see rejection of claim 1 above). Schaetzel further discloses wherein the fuel cell stack unit is fixedly mounted on one side in the supporting frame (lower part of direction 116), in particular in the housing, of the fuel cell device by means of the fixed bearing device (housing is placed on a surface of crossbeams) in Figs. 1-4, 6, and 16 (see paragraphs [0103]-[0112], [0134]-[0135], [0141], [0145], and [0173]).
Regarding Claim 4, Schaetzel discloses the fuel cell device according to claim 1 (see rejection of claim 1 above). Schaetzel further discloses wherein a lower end plate 208 of the fuel cell stack unit 102 is fixed to a lower supporting frame element 124 in Figs. 1-4, 6, 14, 16, and 20 (see paragraphs [0103]-[0112], [0134]-[0135], [0141]-[0142], [0145], [0173], and [0228]-[0229]).
Regarding Claim 5, Schaetzel discloses the fuel cell device according to claim 1 (see rejection of claim 1 above). Schaetzel further discloses wherein the fuel cell stack unit 102 is loosely mounted (low spring rate, so allows thermal expansion and can be adjusted) on one side in the supporting frame (upper part of direction 116), in particular in the housing, of the fuel cell device by means of the floating bearing device 108 in Figs. 1-4 and 23-25 (see paragraphs [0036], [0103]-[0112], and [0125]-[0126]).
Regarding Claim 6, Schaetzel discloses the fuel cell device according to claim 1 (see rejection of claim 1 above). Schaetzel further discloses wherein a particular floating bearing unit 110 comprises two floating bearing elements in each case, wherein a first floating bearing element of the particular floating bearing unit 110 is preferably fixed to the fuel cell stack unit 102 (via pressure distribution element 162), and wherein a second floating bearing element of the particular floating bearing unit 110 is preferably fixed to the supporting frame 112, in particular to the housing, of the fuel cell device (spring element 110 is attached spring receiving element 130 of supporting frame 112) in Figs. 1-4 and 23-25 (see Fig. 3 below) (see paragraphs [0103]-[0112], [0127]-[0129], [0134], and [0233]).
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Figure 3. Floating Bearing Unit 110 Attachment of Schaetzel
Regarding Claim 7, Schaetzel discloses the fuel cell device according to claim 6 (see rejection of claim 6 above). Schaetzel further discloses wherein a first floating bearing element of the particular floating bearing unit 110 is fixed to an end plate of the fuel cell stack unit (pressure distribution element) 162 and/or wherein a second floating bearing element of the particular floating bearing unit is fixed to a supporting frame element (spring receiving element) 130 of the supporting frame 112 of the fuel cell device in Figs. 1-4, 17, and 23-25 (see paragraphs [0103]-[0112], [0127]-[0129], [0134], and [0233]).
Regarding Claim 8, Schaetzel discloses the fuel cell device according to claim 1 (see rejection of claim 1 above). Schaetzel further discloses wherein a floating bearing element of a floating bearing unit 110, which element is fixed to the supporting frame 112 (spring element 110 is attached spring receiving element 130 of supporting frame 112), in particular to the housing, is guided in a guide direction (via guide sleeve 146) in a floating bearing element of the floating bearing unit 110, which element is fixed to the fuel cell stack unit 102 (via pressure distribution element 162), and/or wherein a floating bearing element of a floating bearing unit 110, which element is fixed to the fuel cell stack unit (via pressure distribution element 162), is guided in a guide direction in a floating bearing element of the floating bearing unit 110, which element is fixed to the supporting frame 112 (via spring receiving element 130 of supporting frame 112), in particular to the housing in Figs. 1-4, 16-17, and 23-25 (see paragraphs [0119]-[0130]).
Regarding Claim 9, Schaetzel discloses the fuel cell device according to claim 8 (see rejection of claim 8 above). Schaetzel further discloses wherein the floating bearing element, which is fixed to the supporting frame 112 (via spring receiving element 130 of supporting frame 112), in particular to the housing, and is guided in the floating bearing element fixed to the fuel cell stack unit 102 (via pressure distribution element 162), can be moved in the guide direction (via guide sleeve 146) relative to the floating bearing element fixed to the fuel cell stack unit 102, and/or wherein the floating bearing element, which is fixed to the fuel cell stack unit 102 (via pressure distribution element 162) and is guided in the floating bearing element fixed to the supporting frame 112 (via spring receiving element 130 of supporting frame 112), in particular to the housing, can be moved in the guide direction (via guide sleeve 146) relative to the floating bearing element fixed to the supporting frame 112, in particular to the housing in Figs. 1-4, 16-17, and 23-25 (see paragraphs [0119]-[0130]).
Regarding Claim 10, Schaetzel discloses the fuel cell device according to claim 8 (see rejection of claim 8 above). Schaetzel further discloses wherein the floating bearing elements are designed such that a movement of the floating bearing element, which is fixed to the supporting frame, in particular to the housing, and is guided in the floating bearing element fixed to the fuel cell stack unit, is limited and/or prevented in a direction extending transversely, preferably perpendicularly, to the guide direction (via thermal expansion limiting element 134), and/or wherein the floating bearing elements are designed such that a movement of the floating bearing element, which is fixed to the fuel cell stack unit and is guided in the floating bearing element fixed to the supporting frame, in particular to the housing, is limited and/or prevented in a direction extending transversely, preferably perpendicularly, to the guide direction (via thermal expansion limiting element 134) in Figs. 1-4, 14-15, and 23-25 (see paragraphs [0047] and [0112]-[0116]).
Regarding Claim 11, Schaetzel discloses the fuel cell device according to claim 1 (see rejection of claim 1 above). Schaetzel further discloses wherein a particular floating bearing unit 110 comprises a floating bearing element which comprises a sleeve element 146, and in that the floating bearing unit further comprises a floating bearing element which comprises or forms a rod element (plunger) 152, wherein the rod element 152 is preferably arranged at least partially in the sleeve element 146 in Figs. 1-4 and 17 (see paragraphs [0119]-[0130])
Regarding Claim 12, Schaetzel discloses the fuel cell device according to claim 1 (see rejection of claim 1 above). Schaetzel further discloses wherein a particular floating bearing unit 110 comprises a floating bearing element which comprises a compensating element (thermal expansion limiting element) 134 that is arranged on, in particular fixed to, the floating bearing element of the floating bearing unit 110 in Figs. 1-4, 14-15, and 23-25 (see paragraphs [0047] and [0112]-[0116]).
Regarding Claims 13 and 14, Schaetzel discloses the fuel cell device according to claim 1 (see rejection of claim 1 above). Schaetzel further discloses multiple floating bearing units 110 may be included (at least one spring element) and aligned relative to the external support structure in such a way that, in the tensioned state, it acts on a central area of the electrochemical device and may be of any design as long as it is suitable for generating sufficient tension (see paragraphs [0023]-[0028], [0034], and [0187]-[0195]). Further, Schaetzel discloses four internal spring elements 300 arranged off center and symmetrically to a longitudinal central axis in Figs. 18-19 (see paragraphs [0187]-[0195]). So, to ensure the pressure is being applied appropriately to the fuel cell stack unit, a skilled artisan would be capable of arranging the spring elements diagonally and/or at a maximum distance apart.
As such, a skilled artisan is capable of achieving a structure wherein the floating bearing device comprises two or more than two floating bearing units, wherein floating bearing elements of a particular floating bearing unit are preferably arranged on the fuel cell stack unit such that a distance between the floating bearing units is maximum (meeting Claim 13) and wherein the floating bearing device comprises two floating bearing units, wherein floating bearing elements of the floating bearing units are arranged diagonally opposite one another on an end plate of the fuel cell stack unit (meeting Claim 14).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the fuel cell device wherein the floating bearing device comprises two or more than two floating bearing units, wherein floating bearing elements of a particular floating bearing unit are preferably arranged on the fuel cell stack unit such that a distance between the floating bearing units is maximum and wherein the floating bearing device comprises two floating bearing units, wherein floating bearing elements of the floating bearing units are arranged diagonally opposite one another on an end plate of the fuel cell stack unit in order to ensure the pressure is being applied appropriately to the fuel cell stack unit and acts on a central area of the fuel cell stack unit.
Regarding Claim 15, Schaetzel discloses the fuel cell device according to claim 1 (see rejection of claim 1 above). Schaetzel further discloses wherein the floating bearing units 110 of the floating bearing device comprise or form a linear guide (axially guided) in Figs. 1-4 and 17 (see paragraphs [0056] and [0119]-[0130]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Burmeister et al. US-20130337364-A1 discloses a fuel cell stack with both fixed and floating (movable/mobile) bearings so that deformations of the fuel cell stack between the two terminal plates are allowed, but simultaneously any lateral forces developing are compensated not only by the first terminal plate but also by the second terminal plate (see abstract and paragraphs [0014], [0017], [0040], and [0043]).
Groeber et al. WO-9636086-A1 discloses a fuel cell stack with three floating bearings and one fixed bearing to allow for the absorption of thermally induced expansions of the fuel cell stack and thus a reduction of thermal stresses (see paragraphs [0003] and [0025]-[0026]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYDNEY L KLINE whose telephone number is (703)756-1729. The examiner can normally be reached Monday-Friday 8:00am-5:00pm.
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/S.L.K./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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