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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/25/2026 has been entered.
Withdrawn Rejections
The 35 U.S.C. 102(a)(1) rejection of claim 22 as being anticipated by Krassowski et al. of record in the previous Office Action mailed on 4/30/2026 has been withdrawn due to Applicant's amendment filed on 8/25/2026.
The 35 U.S.C. 103 rejection of claims 21 and 23-25 as being unpatentable over Krassowski et al. of record in the previous Office Action mailed on 4/30/2026 has been withdrawn due to Applicant's amendment filed on 8/25/2026.
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.
Claims 21-25 are rejected under 35 U.S.C. 103 as being unpatentable over Sohal et al. (US 2010/0323248A1) [hereinafter Sohal] in view of Mercuri (US 2002/0179230A1).
Regarding claims 21 and 22, Sohal discloses a micro-textured graphite material (Figs. 2A-2D; paragraph [0039]) comprising an array of features (protrusions 34) are formed on at least a portion of at least one major surface thereof (Figs. 2C-2D), wherein the graphite material is formed into a component of a fuel cell (paragraph [0039]), wherein the component of the fuel cell comprises a flow field plate comprising flow channels (Figs. 2A-2B, channels 22 and 24; paragraphs [0038-0040]), wherein the array of features comprises a plurality of discrete protrusions (Figs. 2C-2D; protrusions 34) formed on a surface of the flow channels, and wherein at least one dimension of the array of features and the spacing between the array of features is less than 100 µm (paragraph [0044]).
Sohal fails to specifically teach the graphite material being flexible graphite.
Mercuri teaches that is well known in the fuel cell art to form flow field plates from flexible graphite for the purpose of providing a material having a high degree of anisotropy with respect to thermal and electrical conductivity and fluid diffusion and that has excellent flexibility, good strength and a very high degree of orientation (paragraph [0013]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the graphite material in Sohal to be a flexible graphite material as suggested by Mercuri in order to provide a graphite material that has a high degree of anisotropy with respect to thermal and electrical conductivity and fluid diffusion and that has excellent flexibility, good strength and a very high degree of orientation if so desired.
It is to be pointed out that claim 21 defines the product by how the product was made. The limitations “said method comprising embossing" and “using a roller embosser patterned with the array of features or die patterned with the array of features” are deemed process limitations. Thus, claim 21 is a product-by-process claim. For purposes of examination, product-by-process claims are not limited to the manipulation of the recited steps, only the structure implied by the steps. See MPEP 2113. In the present case, the recited step implies forming an array of features (protrusions) on a surface of the flow channels. As shown above, Sohal suggests such a product. The method of forming the product is not germane to the issue of patentability of the product itself. MPEP 2113.
Regarding claim 23, Sohal discloses a lateral dimension of the array of features and the spacing between the array of features are less than 100 µm, the lateral dimension comprising a depth or a height of the array of features (paragraph [0044]).
Regarding claim 24, Sohal discloses at least one dimension of the array of features or the spacing between the array of features is in a range between and inclusive of about 10 µm to about 100 µm (paragraph [0044]).
Regarding claim 25, Sohal discloses a depth or a height of the array of features is in the range between and inclusive of about 15 µm to about 50 µm, and the spacing between the array of features is in the range between and inclusive of about 15µm to about 25 µm (paragraph [0044]).
Response to Arguments
Applicant’s arguments, filed 8/25/2026, with respect to claims 21-25 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE A SIMONE whose telephone number is (571)272-1501. The examiner can normally be reached M-F 8am-4pm.
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CATHERINE A. SIMONE
Examiner
Art Unit 1781
/Catherine A. Simone/Primary Examiner, Art Unit 1781
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