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 .
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 3, 8-9, 11 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 115084613 A (to Wang et al.) – translation attached and relied upon below.
With respect to claim 1, Wang teaches a fuel cell module (Figure 4) comprising:
a fuel cell stack (40) comprising a stack of unit cells (2);
an endplate (34/36) configured to cover an end of the fuel cell stack (40) based on a stacking direction of the unit cells (as illustrated);
a clamp member (38 & 39) (Figure 6) configured to extend along the stacking direction of the fuel cell stack (40) and support the fuel cell stack (40) (as illustrated);
an enclosure (42) configured to surround the fuel cell stack (40) and the clamp member (38 & 39) (as illustrated); and
an elastic member (52 & 53) configured to be elastically compressible between the endplate (34/36) and
the enclosure (42) based on the stacking direction of the unit cells (2), the elastic member (52 & 53) being configured to define a variable volume space between the endplate (34/36) and the enclosure (42) such that the variable volume varies depending on a change in volume of the fuel cell stack (40) (as illustrated).
With respect to claim 3, Wang teaches wherein the elastic member (52 & 53) comprises:
a first support portion/(upper end portion) provided to be coupled to the enclosure (42/62),
a second support portion/(lower end portion) spaced apart from the first support portion/(upper end portion) and provided to be coupled to the endplate (34/36) (as illustrated), and
a connection portion/(middle portion in-between the upper end portion and the lower end portion) configured to couple the first support portion and the second
support portion (as illustrated).
With respect to claim 8, Wang teaches wherein the enclosure (42) comprises:
a first housing (42) configured to surround a first part of the fuel cell stack (40); and
a second housing (42/47/48) configured to surround a second part of the fuel cell stack (40) (Figure 4).
With respect to claim 9, Wang teaches a vent hole (59 & 60) provided in the enclosure (42/47/48), the vent hole (59 & 60) being configured so that air enters or exits the enclosure depending on a change in volume of the fuel cell stack (40).
With respect to claim 11, Wang teaches a reinforcement rib (62/63) provided on the enclosure (42) while corresponding to the elastic member (52/53) (Figure 4).
With respect to claim 15, Wang teaches a fuel cell module (Figure 4) comprising:
a fuel cell stack (40) comprising a stack of unit cells (2);
an endplate (34/36) configured to cover an end of the fuel cell stack (40) based on a stacking direction of the unit cells (as illustrated);
a clamp member (38 & 39) (Figure 6) configured to extend along the stacking direction of the fuel cell stack (40) and support the fuel cell stack (40) (as illustrated);
an enclosure (42) configured to surround the fuel cell stack (40) and the clamp member (38 & 39) (as illustrated); and
an elastic member (52 & 53) configured to be elastically compressible between the endplate (34/36) and
the enclosure (42) based on the stacking direction of the unit cells (2), the elastic member (52 & 53) being configured to define a variable volume space between the endplate (34/36) and the enclosure (42) such that the variable volume varies depending on a change in volume of the fuel cell stack (40) (as illustrated).
wherein the elastic member (52 & 53) comprises:
a first support portion/(upper end portion) provided to be coupled to the enclosure (42/62),
a second support portion/(lower end portion) spaced apart from the first support portion/(upper end portion) and provided to be coupled to the endplate (34/36) (as illustrated), and
a connection portion/(middle portion in-between the upper end portion and the lower end portion) configured to couple the first support portion and the second
support portion (as illustrated).
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over CN 115084613 A (to Wang et al.), as applied to claim 9 above, and further in view of Peng et al. (US 20160263980 A1).
With respect to claim 10, Wang discloses all claim limitations as set forth above but fails to teach a filter member provided to cover the vent hole and configured to filter the air that enters into the vent hole. Peng teaches a fuel cell comprising an air inlet comprising a filter configured to filter the air that enters into the vent hole in order to provide a source oxygen thereto that is free of particulates or contaminants.
It would have been obvious to one having ordinary skill in the art at the time of filing for the invention to provide a filter member to cover the vent hole in the fuel cell of Wang configured to filter the air that enters into the vent hole, in order to provide a source oxygen thereto that is free of particulates or contaminants.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over CN 115084613 A (to Wang et al.), as applied to claim 1 above, and further in view of WO 2014167019 A1 (to Joachim et al.) – translation attached and relied upon below.
With respect to claim 14, Wang discloses all claim limitations as set forth above but fails to teach wherein the elastic member (spring) comprises carbon fiber reinforced plastic (CFRP). Joachim teaches a fuel cell apparatus comprising an elastic member (spring) comprising carbon fiber reinforced plastic (CFRP) (claim 7) in order to provide a spring that is resilient.
It would have been obvious to one having ordinary skill in the art at the time of filing for the invention to have the elastic member (spring) in Wang et al. comprise carbon fiber reinforced plastic (CFRP), as taught by Joachim, in order to provide a spring that is resilient.
Reasons for Allowance
Claims 17-20 are allowed.
The following is an examiner’s statement of reasons for allowance: the closest prior art of record fails to teach or make obvious the instantly claimed fuel cell of claim 17 in combination with providing a sealing member located between the elastic member and the endplate.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Allowable Subject Matter
Claims 2, 4-7, 12-13 and16 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record fails to teach or make obvious the instantly claimed fuel cell of claim 1 in combination with instant claim 2: wherein the elastic member comprises a continuous ring located along a perimeter of the endplate.
The closest prior art of record fails to teach or make obvious the instantly claimed fuel cell of claim 1 in combination with instant claim 4: further comprising a sealing member located between the elastic member and the endplate.
The closest prior art of record fails to teach or make obvious the instantly claimed fuel cell of claim 15 in combination with instant claim 16: further comprising: a sealing member located between the elastic member and the endplate.
Relevant art has been cited in the attached PTO-892:
The prior art of Baeck et al. teaches a fuel cell module (Figure 11) comprising:
a fuel cell stack (22) comprising a stack of unit cells;
an endplate (EP) configured to cover an end of the fuel cell stack (22) based on a stacking direction of the unit cells (as illustrated);
a clamp member (42) configured to extend along the stacking direction of the fuel cell stack (22) and support the fuel cell stack (as illustrated);
an enclosure (30, 32, 34) configured to surround the fuel cell stack (22) and the clamp member (42); and
an elastic member/(gasket) (116A & 116B) (Figure 6) is positioned between cell stack (122) and end plate (110) (as illustrated).
CN21935046: teaches an elastic member (41) between the cell stack and the end plate (42).
JP2000048835: teaches a gasket (1) associated with a fuel cell.
CN115084613: teaches a housing seal (51), a housing (42), a support plate (47), a clamp/tensioning element (34).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAITY V CHANDLER whose telephone number is (571)272-8520. The examiner can normally be reached M-F 9:00AM-6:00PM.
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/KAITY V CHANDLER/ 7/25/2026Primary Examiner, Art Unit 1725
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