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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4-9, 13 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.
In each instance, the term “generally” in Claim 4 (i.e. “…are generally parallel” or “…is generally parallel”) is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In other words, Claim 4 is rendered particularly indefinite insofar as it is unclear how “not” parallel the instantly claimed surface(s) may be yet still be considered “generally” parallel as instantly claimed.
Claims 5-9, 13 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 5 recites the limitation "the corresponding second sheet secondary channel." In each instance, there is insufficient antecedent basis for this limitation in the claim.
Claim 13 is 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.
The the term “generally” in Claim 13 (i.e. “…extends generally parallel”) is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In other words, Claim 13 is rendered particularly indefinite insofar as it is unclear how “not” parallel the instantly claimed protrusion is may be yet still be considered “generally” parallel as instantly claimed.
Claims 15-18 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 15 recites the limitation "the first bipolar sheet." There is insufficient antecedent basis for this limitation in the claim.
Claim 17 is 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.
The term “generally” in Claim 17 (i.e. “…are generally parallel”) is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In other words, Claim 17 is rendered particularly indefinite insofar as it is unclear how “not” parallel the instantly claimed surface(s) may be yet still be considered “generally” parallel as instantly claimed.
Claim 20 is 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 20 recites the limitation "the first injector." In each instance, there is insufficient antecedent basis for this limitation in the claim. For purposes of examination, it will be assumed that “a first ejector” is supposed to read as “a first injector.”
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.
Claims 1-8, 11-12, 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Baek et al. (KR 20210141876, using the provided machine translation for citation purposes), and further in view of Simpson et al. (US 2003/0170528).
Regarding Claim 1, Baek teaches a bipolar plate assembly for a fuel cell (Abstract). As illustrated in Figures 3-6 (and the annotated Figures 3-4 below), Baek teaches the assembly comprises a “first bipolar sheet” (i.e. first separator (20)) defining a “first sheet surface,” wherein the first bipolar sheet comprises the following ([0025]-[0033]):
(A) a plurality of “elongated lands” that are raised away from the first sheet surface and formed as hollow channels so as to each define a “first sheet secondary channel” therein (i.e. channel (36)),
(B) the plurality of elongated lands extending from an inlet portion of the first bipolar sheet to an exhaust portion of the first bipolar sheet (See at least Figure 5),
(C) the plurality of elongated lands including a “first elongated land” having a “first land top surface” (i.e. the land top surface of a given elongated land) and a “second elongated land” having a “second land top surface” (i.e. the land top surface of another elongated land adjacent to said given elongated land),
(D) a “first sheet primary channel” (i.e. channel (34)) formed between the first and second elongated lands,
(E) the first bipolar sheet includes an active area at which fluids (i.e. air) flowing through the first sheet primary channel and the first sheet secondary channel are operable to electrochemically react with an adjacent gas diffusion layer of the fuel cell, and
(F) the first land top surface includes a “first injector” (i.e. through hole (30)) formed as a hole in the first land top surface and located in the active area of the first bipolar sheet, wherein
(G) a “first fluid” (i.e. air) flowing through the first sheet secondary channel of the first elongated land is forced through the first injector, and subsequently into the adjacent gas diffusion layer.
Baek does not explicitly teach that the first fluid flowing through the first sheet secondary channel of the first elongated land is forced through the first injector, subsequently into the adjacent gas diffusion layer, and subsequently into the first sheet primary channel.
However, Simpson teaches a flowfield plate for a fuel cell (Abstract, [0001]). As illustrated in Figures 4A-4B, Simpson teaches that the flowfield plate comprises lands (406) having a channel (404) formed between adjacent lands, and a gas diffusion layer (416), wherein a reactant gas (407) is configured to flow not only through the channel so as to penetrate the gas diffusion layer, but also is forced through a through-hole (411) formed in the land so as to penetrate the gas diffusion layer and subsequently flow into the channel ([0038]-[0040]). Simpson teaches that said flow of the reactant gas helps sweep product water, waste products, and unspent gas out of the flowfield plate while promoting reaction efficiency ([0038]-[0040]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would configure the bipolar plate assembly of Baek such that the first fluid flowing through the first sheet secondary channel of the first elongated land is forced through the first injector, subsequently into the adjacent gas diffusion layer, and subsequently into the first sheet primary channel, given that such a flow of the first fluid would help sweep product water, waste products, and unspent first fluid out of the bipolar sheet while promoting reaction efficiency, as taught by Simpson.
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Regarding Claim 2, Baek, as modified by Simpson, teaches the instantly claimed invention of Claim 1, as previously described,
As illustrated in the annotated Figures (See Claim 1), the assembly comprises a “second bipolar sheet” (i.e. second separator (22) arranged on an underside of the first bipolar sheet so as to define a “second sheet surface.” Based on the illustrated (i.e. mirrored) positioning of the second bipolar sheet relative to the underside of the first bipolar sheet and, substantially, its same construction as the first bipolar sheet, the second bipolar sheet comprises the following:
(A) a plurality of “elongated lands” that are raised away from the second sheet surface in a second direction opposite a first direction in which the plurality of elongated lands of the first bipolar sheet extend, and are formed as hollow channels so as to each define a “second sheet secondary channel” therein (i.e. “S” in the annotated Figures),
(B) the plurality of elongated lands of the second bipolar sheet extending from an inlet portion of the second bipolar sheet to an exhaust portion of the second bipolar sheet (See at least Figure 5),
(C) the plurality of elongated lands of the second bipolar sheet including a “third elongated land” having a “third land top surface,” and a “fourth elongated land” having a “fourth land top surface,” and
(D) a “second sheet primary channel” between the third and fourth elongated lands (i.e. “P” in the annotated Figures).
Regarding Claim 3, Baek, as modified by Simpson, teaches the instantly claimed invention of Claim 2, as previously described.
As illustrated in the annotated Figures (See Claim 1), the third and fourth elongated lands are aligned with the first and second elongated lands, respectively, and the first sheet primary channel is aligned with the second sheet primary channel.
Regarding Claim 4, Baek, as modified by Simpson, teaches the instantly claimed invention of Claim 3, as previously described.
As illustrated in the annotated Figures (See Claim 1), the third and fourth land top surfaces are generally parallel with the first and second land top surfaces, wherein a bottom surface of the first sheet primary channel is generally parallel with a bottom surface of the second sheet secondary channel.
Regarding Claim 5, Baek, as modified by Simpson, teaches the instantly claimed invention of Claim 4, as previously described.
As illustrated in the annotated Figures (See Claim 1), a “separator plate” (i.e. plate (32b)) is arranged between the first and second bipolar sheets, wherein the separator extends between each first sheet secondary channel and its corresponding second sheet secondary channel such that each first sheet secondary channel is separated from and selectively sealed off from its corresponding second sheet secondary channel.
Regarding Claim 6, Baek, as modified by Simpson, teaches the instantly claimed invention of Claim 5, as previously described.
Furthermore, Baek teaches that the first sheet secondary channel defined between the first elongated land and the separator plate includes the first fluid (i.e. air) therethrough ([0031]).
Regarding Claim 7, Baek, as modified by Simpson, teaches the instantly claimed invention of Claim 6, as previously described.
As previously described (See Claim 1), the first fluid is air.
Furthermore, the air flowing through the first sheet secondary channel defined between the first elongated land and the separator plate, through the adjacent gas diffusion layer, and into the first sheet primary channel is interpreted to increase uniformity, by at least some amount/degree, of a concentration of air between the inlet portion and the exhaust portion of the first bipolar sheet given the sweeping of product water, waste products, and unspent air.
Regarding Claim 8, Baek, as modified by Simpson, teaches the instantly claimed invention of Claim 6, as previously described.
As illustrated in the annotated Figures (See Claim 1) and Figure 5 of Baek, an input end of the first elongated land at the inlet portion of the first bipolar sheet is opened so as to allow input of the first fluid into the first sheet secondary channel of the first elongated land.
Regarding Claim 11, Baek, as modified by Simpson, teaches the instantly claimed invention of Claim 1, as previously described.
Furthermore, given the sweeping of at least product water enabled by the flow of fluid through the first injector, the size (i.e. the illustrated size) of the first injector is interpreted as being “based” on liquid water accumulation in the bipolar plate assembly (i.e. “based” insofar as its size affects the consequent sweeping of product water, especially given that the instant Claim does not define “based on” as being in reference to a specific aspect of water accumulation).
Regarding Claim 12, Baek, as modified by Simpson, teaches the instantly claimed invention of Claim 1, as previously described.
Furthermore, given the sweeping of at least product water enabled by the flow of fluid through the first injector, the size (i.e. the illustrated size) of the first injector is interpreted as being, at least in part and to at least some degree, configured to force the first fluid past an onset of liquid water accumulation that causes blockage, of at least some degree, of the adjacent gas diffusion layer.
Regarding Claim 14, Baek teaches a bipolar plate sheet for a bipolar plate of a fuel cell (Abstract). As illustrated in Figures 3-6 (and the annotated Figures 3-4 below), Baek teaches the bipolar plate sheet comprises the following ([0025]-[0033]):
(A) a plurality of “elongated lands” that are raised away from a “first sheet surface” of the bipolar plate sheet and formed as hollow channels so as to each define a “secondary channel” therein (i.e. channel (36)),
(B) the plurality of elongated lands including a “first elongated land” having a “first land top surface” (i.e. the land top surface of a given elongated land) and a “second elongated land” having a “second land top surface” (i.e. the land top surface of another elongated land adjacent to said given elongated land),
(C) a “primary channel” (i.e. channel (34)) formed between the first and second elongated lands,
(D) the first land top surface includes a “first injector” (i.e. through hole (30)) formed as a hole in the first land top surface, wherein
(E) a “first fluid” (i.e. air) flowing through the secondary channel of the first elongated land is forced through the first injector, and subsequently into the adjacent gas diffusion layer.
Baek does not explicitly teach that the first fluid flowing through the secondary channel of the first elongated land is forced through the first injector, subsequently into the adjacent gas diffusion layer, and subsequently into the primary channel.
However, Simpson teaches a flowfield plate for a fuel cell (Abstract, [0001]). As illustrated in Figures 4A-4B, Simpson teaches that the flowfield plate comprises lands (406) having a channel (404) formed between adjacent lands, and a gas diffusion layer (416), wherein a reactant gas (407) is configured to flow not only through the channel so as to penetrate the gas diffusion layer, but also is forced through a through-hole (411) formed in the land so as to penetrate the gas diffusion layer and subsequently flow into the channel ([0038]-[0040]). Simpson teaches that said flow of the reactant gas helps sweep product water, waste products, and unspent gas out of the flowfield plate while promoting reaction efficiency ([0038]-[0040]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would configure the bipolar plate assembly of Baek such that the first fluid flowing through the secondary channel of the first elongated land is forced through the first injector, subsequently into the adjacent gas diffusion layer, and subsequently into the primary channel, given that such a flow of the first fluid would help sweep product water, waste products, and unspent first fluid out of the bipolar sheet while promoting reaction efficiency, as taught by Simpson.
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Regarding Claim 15, Baek, as modified by Simpson, teaches the instantly claimed invention of Claim 14, as previously described.
As illustrated in the annotated Figures (See Claim 14), the first bipolar sheet includes an active area at which fluids (i.e. air) flowing through the primary channel and the secondary channel are operable to electrochemically react with an adjacent gas diffusion layer of the fuel cell, wherein the first injector is located in the active area.
Regarding Claim 16, Baek, as modified by Simpson, teaches the instantly claimed invention of Claim 15, as previously described.
As previously described (See Claim 14), the first fluid is air, wherein the air is used as a reactant gas of the fuel cell.
Regarding Claim 17, Baek, as modified by Simpson, teaches the instantly claimed invention of Claim 15, as previously described.
As illustrated in the annotated Figures (See Claim 14), the first and second land top surfaces are generally parallel with a bottom surface of the primary channel.
Regarding Claim 18, Baek, as modified by Simpson, teaches the instantly claimed invention of Claim 15, as previously described.
As illustrated in the annotated Figures (See Claim 14) and Figure 5 of Baek, the active area is located between a distribution area of the bipolar plate sheet and an exhaust area of the bipolar plate sheet, wherein the active area includes a first half located closest to the distribution area and a second half located closest to the exhaust area, wherein the first injector, for example, may be interpreted as being located in the second half of the active area.
Regarding Claim 19, Baek, as modified by Simpson, teaches the instantly claimed invention of Claim 15, as previously described.
As illustrated in the annotated Figures (See Claim 14) and Figure 5 of Baek, first land top surface includes a “second injector” (i.e. another of the through hole (30)) located downstream of the first injector.
Regarding Claim 20, Baek teaches a bipolar plate assembly for a fuel cell (Abstract). As illustrated in Figures 3-6 (and the annotated Figures 3-4 below), Baek teaches the assembly comprises a “first bipolar sheet” (i.e. first separator (20)) defining a “first sheet surface,” wherein the first bipolar sheet comprises the following ([0025]-[0033]):
(A) a plurality of “elongated lands” that are raised away from the first sheet surface and formed as hollow channels so as to each define a “first sheet secondary channel” therein (i.e. channel (36)),
(B) the plurality of elongated lands extending from an inlet portion of the first bipolar sheet to an exhaust portion of the first bipolar sheet (See at least Figure 5),
(C) the plurality of elongated lands including a “first elongated land” having a “first land top surface” (i.e. the land top surface of a given elongated land) and a “second elongated land” having a “second land top surface” (i.e. the land top surface of another elongated land adjacent to said given elongated land),
(D) a “first sheet primary channel” (i.e. channel (34)) formed between the first and second elongated lands,
(E) the first bipolar sheet includes an active area at which fluids (i.e. air) flowing through the first sheet primary channel and the first sheet secondary channel are operable to electrochemically react with an adjacent gas diffusion layer of the fuel cell, and
(F) the first land top surface includes a “first injector” (i.e. through hole (30)) formed as a hole in the first land top surface and located in the active area of the first bipolar sheet, wherein
(G) a “first fluid” (i.e. air) flowing through the first sheet secondary channel of the first elongated land is forced through the first injector, and subsequently into the adjacent gas diffusion layer.
Furthermore, it is interpreted that by virtue of constructing the bipolar plate assembly of Baek, the instantly claimed “method of forming a bipolar plate assembly for a fuel cell” is interpreted as being necessarily performed insofar as the claimed steps would be required steps in manufacturing the bipolar plate assembly of Baek as illustrated by Baek.
Baek does not explicitly teach that the first fluid flowing through the first sheet secondary channel of the first elongated land is forced through the first injector, subsequently into the adjacent gas diffusion layer, and subsequently into the first sheet primary channel.
However, Simpson teaches a flowfield plate for a fuel cell (Abstract, [0001]). As illustrated in Figures 4A-4B, Simpson teaches that the flowfield plate comprises lands (406) having a channel (404) formed between adjacent lands, and a gas diffusion layer (416), wherein a reactant gas (407) is configured to flow not only through the channel so as to penetrate the gas diffusion layer, but also is forced through a through-hole (411) formed in the land so as to penetrate the gas diffusion layer and subsequently flow into the channel ([0038]-[0040]). Simpson teaches that said flow of the reactant gas helps sweep product water, waste products, and unspent gas out of the flowfield plate while promoting reaction efficiency ([0038]-[0040]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would configure the bipolar plate assembly of Baek such that the first fluid flowing through the first sheet secondary channel of the first elongated land is forced through the first injector, subsequently into the adjacent gas diffusion layer, and subsequently into the first sheet primary channel, given that such a flow of the first fluid would help sweep product water, waste products, and unspent first fluid out of the bipolar sheet while promoting reaction efficiency, as taught by Simpson.
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Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Baek et al. (KR 20210141876, using the provided machine translation for citation purposes), and further in view of Simpson et al. (US 2003/0170528) and Goto et al. (US 2004/0202916).
Regarding Claim 9, Baek, as modified by Simpson, teaches the instantly claimed invention of Claim 7 as previously described.
Furthermore, Baek teaches that the second sheet secondary channel defined between the third elongated land and the separator plate includes a “second fluid” (i.e. air) flowing therethrough for cooling purposes ([0030]).
Baek, as modified by Simpson, does not explicitly teach that the second fluid is different than the first fluid.
However, Goto teaches a fuel cell (Abstract). As illustrated in Figure 1, Goto teaches that the fuel cell uses an oxygen-containing gas such as air as a reactant, and further that the fuel cell is cooled with a coolant such as pure water, ethylene glycol, or an oil ([0052]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would used pure water, ethylene glycol, or an oil, as taught by Goto, as the second fluid of Baek, as modified by Simpson, given that each of pure water, ethylene glycol, or an oil function as alternative and well-known coolants for fuel cells using air as a reactant, as taught by Goto.
Allowable Subject Matter
Claim 10 is 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:
Claim 10 further limits the assembly of Claim 1 by requiring that an output end of the first elongated land located at the exhaust portion of the first bipolar sheet is closed so as to cause a pressure drop in the first fluid flowing through the first sheet secondary channel of the first elongated land such that the first fluid is forced through the first injector.
Baek does not explicitly teach the configuration of an output end of the first elongated land located at the exhaust portion as claimed, let alone that it is closed so as to cause a pressure drop as claimed. Furthermore, neither Simpson nor Goto cure the deficiencies of Baek.
Claim 13 is 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 (and rewritten to overcome all applicable rejections under 35 USC 112(b)).
The following is a statement of reasons for the indication of allowable subject matter:
Claim 13 further limits the assembly of Claim 5 by requiring that the separator plate includes a first elongated protrusion that extends generally parallel with a longitudinal extent of the first elongated land and that is raised away from a separator plate surface toward the first land top surface, wherein the first elongated protrusion is located within the first sheet secondary channel of the first elongated land, and wherein the first elongated protrusion is configured to reduce a volume of the first sheet secondary channel of the first elongated land.
Baek illustrated the separator plate as being flat. Accordingly, Baek does not explicitly teach the separator plate having a protrusion as claimed which is configured to reduce a volume as claimed. Furthermore, neither Simpson nor Goto cure the deficiencies of Baek.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W VAN OUDENAREN whose telephone number is (571)270-7595. The examiner can normally be reached 7AM-3PM EST M-F.
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/MATTHEW W VAN OUDENAREN/Primary Examiner, Art Unit 1728