CTNF 18/547,868 CTNF 96370 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Objections Claim 1 is objected to because of the following informalities: In claim 1, line 3, “an oxidant” should read as “an oxidant gas ” for the sake of clarity. Appropriate correction is required. Suggested corrections are bolded and underlined for emphasis only. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-2, 4, 7-12, and 20 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Nakamura et al. (US 2019/0260051) (Nakamura) . Regarding claim 1, Nakamura discloses a fuel cell module (title) comprising: a fuel cell stack (2A); an oxidant gas supply plate (3) that has an inner space for flowing an oxidant to be supplied to the fuel cell stack (2A) and whose main surface faces the fuel cell stack (2A) (see Fig. 3; [0021]; [0027]-[0028]); a first off-gas flow channel (17) through which an off-gas discharged from the fuel stack (2A) flows (see Fig. 3; [0055]; [0058]; [0067]); and a first heat-insulating material (7A) and a second heat-insulating material (8A, 8B) (see Fig. 3; [0027]), wherein the fuel cell stack (2A), the oxidant gas supply plate (3), and the first-off gas flow channel (17) are located in this order in the normal direction of the main surface of the oxidant gas supply plate (3) (see Fig. 3), and in the normal direction, the first heat-insulating material (7A) is located adjacent to the first off-gas flow channel (17) and the second heat-insulating material (8A, 8B) is located outside the first heat-insulating material (7A) (see Fig. 3). Regarding claim 2, Nakamura discloses all of the limitations as set forth above for claim 1. Nakamura further discloses an oxidant gas flow channel portion (14) that is located outside the first off-gas flow channel (17) in the normal direction of the main surface of the oxidant has supply plate (3), and that is connected to the oxidant gas supply plate (3) (see Fig. 3; [0054]; [0057]-[0060]). Regarding claim 4, Nakamura discloses all of the limitations as set forth above for claim 1. Nakamura further discloses that the oxidant gas supply plate (3) has a first plate portion and a second plate portion located opposite each other (see Modified Figure 3 below), the first plate portion has a supply plate inlet (3d), the second plate portion has a supply plate outlet (3c), and the supply plate inlet (3d) is provided in the vicinity of the center of the fuel cell stack (2A) in a stacking direction (see Fig. 3; [0048]; [0064]-[0067]). PNG media_image1.png 526 439 media_image1.png Greyscale Modified Figure 3, Nakamura Regarding claim 7, Nakamura discloses all of the limitations as set forth above for claim 1. Nakamura further discloses that the first heat-insulating material (7A) is located outside the first off-gas flow channel (17) in the normal direction of the main surface of the oxidant has supply plate (3) (see Fig. 3). Regarding claim 8, Nakamura discloses all of the limitations as set forth above for claim 4. Nakamura further discloses that the supply plate inlet (3d) is provided in a portion of the first plate portion opposite an end portion of the fuel cell stack (2A) on a first direction side (see Fig. 3). Regarding claim 9, Nakamura discloses all of the limitations as set forth above for claim 8. Nakamura further discloses that the first heat-insulating material (7A) is located between the oxidant gas supply plate (3) and the first off-gas flow channel (17) in the normal direction of the main surface of the oxidant gas supply plate (3) (see Fig. 3). Regarding claim 10, Nakamura discloses all of the limitations as set forth above for claim 9. Nakamura further discloses that the off-gas discharged from the fuel cell stack (2A) can flow into the first off-gas flow channel (17) through a flow channel (16) defined by an exhaust gas lead-out portion formed in the first heat-insulating material (7A) and a communication pipe (3f) that communicates the supply plate inlet (3d) and the oxidant gas flow channel portion (14) (see Figs. 3 and 5; [0067]-[0069]). Regarding claim 11, Nakamura discloses all of the limitations as set forth above for claim 10. Nakamura further discloses that the first heat-insulating material (7A) is disposed in contact with a first off-gas flow channel portion, which defines the first off-gas flow channel (17), and the oxidant gas supply plate (3) (see Fig. 3; [0027]), and the exhaust gas lead-out portion is a cutout portion obtained by cutting out a part of the first heat-insulating material (7A) (see Figs. 2, 3, and 5; [0051]-[0052]; [0067]-[0069]). Regarding claim 12, Nakamura discloses all of the limitations as set forth above for claim 11. Nakamura further discloses that the communication pipe (3f) is deviated from the center of the exhaust gas lead-out portion in a direction perpendicular to the first direction and the normal direction of the main surface of the oxidant gas supply plate (3) (see Figs. 3 and 5). Regarding claim 20, Nakamura discloses a fuel cell device (60) comprising the fuel cell module (10) according to claim 1 (see Fig. 7; [0076]-[0079]) . 07-15 AIA Claim s 1-5, 7-10, and 13-19 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Ono et al. (US 2004/0191593) (Ono) . Regarding claim 1, Ono discloses a fuel cell module (title) comprising: a fuel cell stack (88a); an oxidant gas supply plate (26a) that has an inner space for flowing an oxidant to be supplied to the fuel cell stack (88a) and whose main surface faces the fuel cell stack (88a) (see Fig. 1; [0042]; [0036]); a first off-gas flow channel (60) through which an off-gas discharged from the fuel cell stack (88a) flows (see Fig. 1; [0039]-[0041]); and a first heat-insulating material (42) and a second heat-insulating material (43) (see Fig. 1; [0038]), wherein the fuel cell stack (88a), the oxidant gas supply plate (26a), and the first off-gas flow channel (60) are located in this order in the normal direction of the main surface of the oxidant gas supply plate (26a) (see Fig. 1), and in the normal direction, the first heat-insulating material (42) is located adjacent to the first off-gas flow channel (60) and the second heat-insulating material (43) is located outside the first heat-insulating material (42) (see Fig. 1). Regarding claim 2, Ono discloses all of the limitations as set forth above for claim 1. Ono further discloses that the fuel cell comprises an oxidant gas flow channel portion (22) that is located outside the first off-gas flow channel (60) in the normal direction of the main surface of the oxidant gas supply plate (26a), and that is connected to the oxidant gas supply plate (26a) (see Fig. 1; [0036]). Regarding claim 3, Ono discloses all of the limitations as set forth above for claim 2. Ono further discloses that the second heat-insulating material (43) surrounds the oxidant gas flow channel portion (22) together with the first heat-insulating material (42) (see Fig. 1; [0038]). Regarding claim 4, Ono discloses all of the limitations as set forth above for claim 1. Ono further discloses that the oxidant gas supply plate (26a) has a first plate portion and a second plate portion located opposite each other (see Modified Figure 1 below), the first plate portion has a supply plate inlet (see Modified Figure 1 below), the second plate portion has a supply plate outlet (30a, 30c) (see Figs. 1 and 2; [0036]), and the supply plate inlet is provided in the vicinity of the center of the fuel cell stack (88a) in a stacking direction (see Modified Figure 1 below). PNG media_image2.png 626 432 media_image2.png Greyscale Modified Figure 1, Ono Regarding claim 5, Ono discloses all of the limitations as set forth above for claim 1. Ono further discloses that the second heat-insulating material (43) is formed with a groove for burying an oxidant gas flow channel portion (22), and the groove and an outer peripheral surface of the oxidant gas flow channel portion (22) define a second off-gas flow channel connected to the first off-gas flow channel (60) (see Modified Figures 1 and 3 below; [0036]-[0037]; [0040]). PNG media_image3.png 568 444 media_image3.png Greyscale Modified Figure 1, Ono PNG media_image4.png 442 519 media_image4.png Greyscale Modified Figure 3, Ono Regarding claim 7, Ono discloses all of the limitations as set forth above for claim 1. Ono further discloses that the first heat-insulating material (42) is located outside the first off-gas flow channel (60) in the normal direction of the main surface of the oxidant gas supply plate (26a) (see Fig. 1). Regarding claim 8, Ono discloses all of the limitations as set forth above for claim 4. Ono further discloses that the supply plate inlet is provided in a portion of the first plate portion opposite an end portion of the fuel cell stack (88a) on a first direction side (see Modified Figure 1 above). Regarding claim 9, Ono discloses all of the limitations as set forth above for claim 8. Ono further discloses that the first heat-insulating material (42) is located between the oxidant gas supply plate (26a) and the first off-gas flow channel (60) in the normal direction of the main surface of the oxidant gas supply plate (26a) (see Fig. 1). Regarding claim 10, Ono discloses all of the limitations as set forth above for claim 9. Ono further discloses that the off-gas discharged from the fuel cell stack (88a) can flow into the first off-gas flow channel (60) through a flow channel defined by an exhaust gas lead-out portion formed in the first heat-insulating material (42) and a communication pipe (36) that communicates the supply plate inlet and an oxidant gas flow channel portion (62) (see Modified Figure 1 below; [0037]; [0040]). PNG media_image5.png 568 345 media_image5.png Greyscale Modified Figure 1, Ono Regarding claim 13, Ono discloses all of the limitations as set forth above for claim 8. Ono further discloses that a first off-gas flow channel portion (46) defining a part of the first off-gas flow channel (60) is joined to one surface of a partition plate (58) (see Figs. 1 and 4; [0039]), and an oxidant gas flow channel (62) is defined by joining an oxidant flow channel portion (48) to the other surface of the partition plate (58) so that the oxidant gas flow channel portion (48) overlaps the first off-gas flow channel portion (46) when viewed from the normal direction of a main surface of the partition plate (58) (see Figs. 1 and 4-6; [0039]). Regarding claim 14, Ono discloses all of the limitations as set forth above for claim 13. Ono further discloses that an oxidant gas introducing portion is arranged on a surface of the partition plate (58) to which the first off-gas flow channel portion (46) is joined (see Modified Figure 4 below), and the oxidant gas introducing portion communicates with the oxidant gas flow channel (62) via a through-hole of the partition plate (58) (see Modified Figure 1 below; see also Fig. 6; [0041]). PNG media_image6.png 578 581 media_image6.png Greyscale Modified Figure 4, Ono Regarding claim 15, Ono discloses all of the limitations as set forth above for claim 13. Ono further discloses that in a portion of the first off-gas flow channel portion (46) extending along the first direction, the width of a portion on a discharge port side where the off-gas is discharged from the fuel cell module is narrower than the width of a portion of an inlet side where the off-gas discharged from the fuel cell stack (88a) flows in (see Modified Figure 5 below; [0040]). PNG media_image7.png 628 688 media_image7.png Greyscale Modified Figure 5, Ono Regarding claim 16, Ono discloses all of the limitations as set forth above for claim 14. Ono further discloses that the first off-gas flow channel portion (46) includes an extension portion that branches in the vicinity of a discharge port where the off-gas is discharged from the fuel cell module, and extends toward the vicinity of the oxidant gas introducing portion (see Modified Figure 5 below; [0039]-[0041]). PNG media_image8.png 611 705 media_image8.png Greyscale Modified Figure 5, Ono Regarding claim 17, Ono discloses all of the limitations as set forth above for claim 13. Ono further discloses that an entire area of the first off-gas flow channel portion (46) overlaps a part of the oxidant gas flow channel portion (48) when viewed from the normal direction of the main surface of the partition plate (58) (see Figs. 4-6). Regarding claim 18, Ono discloses all of the limitations as set forth above for claim 13. Ono further discloses that an oxidant gas introducing port (70) that introduces an oxidant gas to be supplied to the fuel cell stack (88a) via the oxidant gas flow channel (62) into the fuel cell module is located on the first direction side (upward direction) than a discharge port where the off-gas is discharged from the fuel cell module via the first off-gas flow channel (60) (see Modified Figure 4 below; [0039]-[0041]; see also Figs. 5 and 6). PNG media_image9.png 578 556 media_image9.png Greyscale Modified Figure 4, Ono Regarding claim 19, Ono discloses all of the limitations as set forth above for claim 13. Ono further discloses that the partition plate (58) has a cutout at least partially in an area other than area where it overlaps the first off-gas flow channel (60) and the oxidant gas flow channel (62), when viewed from the normal direction of the main surface of the partition plate (58) (see Modified Figure 5 below; see also Figs. 4 and 6). PNG media_image10.png 546 466 media_image10.png Greyscale Modified Figure 5, Ono Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim s 6 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ono et al. (US 2004/0191593) (Ono) in view of Nakamura et al. (US 2019/0260051) (Nakamura) . Regarding claim 6, Ono discloses all of the limitations as set forth above for claim 5. Ono fails to disclose, however, the claimed off-gas treatment chamber. Nakamura teaches a similar fuel cell module (title) comprising: a fuel cell stack (2A); an oxidant gas supply plate (3) that has an inner space for flowing an oxidant to be supplied to the fuel cell stack (2A) and whose main surface faces the fuel cell stack (2A) (see Fig. 3; [0021]; [0027]-[0028]); a first off-gas flow channel (17) through which an off-gas discharged from the fuel stack (2A) flows (see Fig. 3; [0055]; [0058]; [0067]); and a first heat-insulating material (7A) and a second heat-insulating material (8A, 8B) (see Fig. 3; [0027]). Nakamura further teaches that the fuel cell module comprises an off-gas treatment chamber (18) connected to a second off-gas flow channel (18a) and having a combustion catalyst (42) that burns the off-gas having passed through the second off-gas flow channel (18a) (see Figs. 3 and 6; [0069]-[0073]). Nakamura further teaches that the off-gas treatment chamber (18) is located on the bottom of the fuel cell housing (1) such that an oxidant gas flow channel (14) has a portion that overlaps the off-gas treatment chamber (18) when viewed from the normal direction of the main surface of the oxidant gas supply plate (3) (see Fig. 3; [0069]-[0070]). Nakamura further teaches that configuring the fuel cell module with this off-gas treatment chamber (18) helps to purify the exhaust gas and contributes to an improvement of the power generation efficiency in the fuel cell ([0070]; [0073]-[0074]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the fuel cell module disclosed by Ono to include the claimed off-gas treatment chamber, as taught by Nakamura, because they would have had a reasonable expectation that doing so would help to purify the exhaust gas and contribute to improved power generation efficiency in the fuel cell. Regarding claim 20, Ono discloses all of the limitations for the fuel cell module as set forth above for claim 1. Ono fails to explicitly disclose, however, a fuel cell device that comprises the fuel cell module according to claim 1. Nevertheless, it is common in the art to use fuel cell modules within larger devices for various purposes. For instance, Nakamura teaches a similar fuel cell module (10) which is used within a fuel cell device (60) (see Fig. 7; [0076]-[0077]). Nakamura further teaches that the fuel cell device (60) includes auxiliary machines that are necessary for operating the fuel cell module (10), including various sensors, piping and wiring arrangements, a heat storage tank, a power conditioner, a pump, and a controller ([0076]-[0077]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have configured the fuel cell module disclosed by Ono within a larger fuel cell device, as taught by Nakamura, because they would have had a reasonable expectation that doing so would be necessary in order to effectively operate the fuel cell module. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDON C DARBY whose telephone number is (571)272-1225. The examiner can normally be reached Monday - Friday: 7:30am - 5:00pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith can be reached at (571) 270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /B.C.D./Examiner, Art Unit 1749 /SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754 Application/Control Number: 18/547,868 Page 2 Art Unit: 1749 Application/Control Number: 18/547,868 Page 3 Art Unit: 1749 Application/Control Number: 18/547,868 Page 4 Art Unit: 1749
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