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
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.
Claim(s) 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shimizu (JP H11-97042A with citations drawn to the translation provided via Espacenet).
As to claim 1, Shimizu discloses a spring plate assembly (#31) comprising:
a plurality of spring plates (#32 end spring plates) with each of the plurality of spring plates including:
a perimeter section extending in a first plane (See annotation below);
at least one bridge section extending from a first portion of the perimeter section to a second portion of the perimeter section (See annotation below); and
a plurality of spring elements extending from the at least one bridge section (#s 32a); and
wherein a first pair of adjacent spring plates of the plurality of spring plates are configured to engage a corresponding one of the perimeter sections when stacked in a first configuration and the first pair of adjacent spring plates are configured to engage a corresponding one of the plurality of spring elements when stacked in a second configuration (See annotation below).
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As to claim 2 and 3, Shimizu further discloses wherein the spring elements are metal beads with a conical shape (see above where the protrusions are cylindrical shaped).
As to claim 4, Shimizu further discloses wherein a distal end portion of each of the plurality of spring elements defines an opening through one of the plurality of spring plates.
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As to claim 5, Shimizu further discloses a seal located in the perimeter section that forms a continuous loop around the plurality of spring elements. (#35).
As to claim 6, Shimizu further discloses wherein the perimeter section and the at least one bridge section extend in a single plane. (See top of #31 cited above).
As to claim 7, Shimizu further discloses wherein each of the plurality of spring plates are formed from a single unitary piece of material and include an identical profile (see above where each sheet is separate and stacked with the same profile, just staggered).
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.
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 8-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nakazawa et al (US 2012/0217156 A1) in view of Shimizu.
As to claim 8, Nakazawa discloses a cell block comprising a plurality of cells configured to receive and convert water to form a hydrogen product stream (Unit cell 12 with EA 32 [0022], [0038]).
Nakazawa discloses the following dependent claim limitations related to the structure of the electrolysis cell:
Instant claim 13: a compression plate disposed between the spring element and the cell block (#56), wherein the seal on each of the plurality of spring plates at least partially forms a pressurized cavity with the compression plate that when pressurized applies a force to compress the cell block (Seals 66, [0040]).
Instant claim 14: a first end plate disposed adjacent to the spring plate assembly opposite the compression plate (#20a).
Instant claim 15: a second end plate disposed adjacent to the cell block on a side opposite the compression plate, wherein the first and second end plates are linked together to constrain expansion of the electrolyzer stack including constraining expansion of the spring plate assembly in a direction away from the cell block (#20b linked through #s22).
Instant claim 16: at least one tension element that extends between and at least partially links the first and second end plates together (#s 22 tie rods with nuts on the ends, [0020]).
Nakazawa discloses using a spring element adjacent the cell block (#s 64) but fails to disclose a spring plate as claimed.
Shimizu discloses a spring plate assembly (#31) comprising:
a plurality of spring plates (#32 end spring plates) with each of the plurality of spring plates including:
a perimeter section extending in a first plane (See annotation below);
at least one bridge section extending from a first portion of the perimeter section to a second portion of the perimeter section (See annotation below); and
a plurality of spring elements extending from the at least one bridge section (#s 32a); and
wherein a first pair of adjacent spring plates of the plurality of spring plates are configured to engage a corresponding one of the perimeter sections when stacked in a first configuration and the first pair of adjacent spring plates are configured to engage a corresponding one of the plurality of spring elements when stacked in a second configuration (See annotation below).
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Shimazu discloses the following dependent claim limitations:
Instant claims 9 and 10: wherein the spring elements are metal beads with a conical shape (see above where the protrusions are cylindrical shaped).
Instant claim 11, wherein a distal end portion of each of the plurality of spring elements defines an opening through one of the plurality of spring plates.
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Instant claim 12: a seal located in the perimeter section that forms a continuous loop around the plurality of spring elements. (#35).
Instant claim 17: wherein the perimeter section and the at least one bridge section extend in a single plane. (See top of #31 cited above).
Instant claim 17, Shimizu further discloses wherein each of the plurality of spring plates are formed from a single unitary piece of material and include an identical profile (see above where each sheet is separate and stacked with the same profile, just staggered).
Thus, Nakazawa and Shimizu are of analogous art of using resilient elements proximal a plurality of membrane electrode assemblies.
It would have been obvious to one of ordinary skill in the art to have used the spring plate assembly of Shimizu in the apparatus of Nakazawa in place of the springs because it allows for a continuous and string surface pressure applied between the unit cells and the end plates (Shimizu [0046]). The modification amounts to an obvious exchange of spring members recognized for their ended use to provide an expected result of maintaining the unit cell configuration together during carrying out methods with each device. See MPEP 2143 B, 2144.07
As to claims 19 and 20, Nakazawa discloses a method of operating an electrolysis system, the method comprising: introducing water to an electrolyzer stack comprising a cell block ([0037]); electrolyzing water in the cell block to form a hydrogen product stream ([0038]); and compressing the cell block with a spring plate assembly having a plurality of spring plates located adjacent the cell block ([0039]). Nakazawa further discloses including pressurizing the spring plate with a portion of the hydrogen product stream to apply an additional force to the cell block as required by instant claim 20 ([0040]).
Shimizu discloses a spring plate assembly (#31) comprising:
a plurality of spring plates (#32 end spring plates) with each of the plurality of spring plates including:
a perimeter section extending in a first plane (See annotation below);
at least one bridge section extending from a first portion of the perimeter section to a second portion of the perimeter section (See annotation below); and
a plurality of spring elements extending from the at least one bridge section (#s 32a); and
wherein a first pair of adjacent spring plates of the plurality of spring plates are configured to engage a corresponding one of the perimeter sections when stacked in a first configuration and the first pair of adjacent spring plates are configured to engage a corresponding one of the plurality of spring elements when stacked in a second configuration (See annotation below).
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Thus, Nakazawa and Shimizu are of analogous art of using resilient elements proximal a plurality of membrane electrode assemblies.
It would have been obvious to one of ordinary skill in the art to have used the spring plate assembly of Shimizu in the apparatus of Nakazawa in place of the springs because it allows for a continuous and string surface pressure applied between the unit cells and the end plates (Shimizu [0046]). The modification amounts to an obvious exchange of spring members recognized for their ended use to provide an expected result of maintaining the unit cell configuration together during carrying out methods with each device. See MPEP 2143 B, 2144.07
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUIS J RUFO whose telephone number is (571)270-7716. The examiner can normally be reached Monday to Friday, 9 am to 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luan Van can be reached at 571-272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOUIS J RUFO/Primary Examiner, Art Unit 1795
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