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 .
Claims 1-20 are pending and under consideration for this Office Action.
Claim Objections
Claim 1 is objected to because of the following informalities: The limitation claiming “…by the compressing the two layers towards each other…” should read “…by the compressing of the two layers towards each other…” or something similar.
Claim 1 is objected to because of the following informalities: The limitation claiming “…conforming the sealant to the two layers by the controlling the temperature and the controlling the pressure…” should read “…conforming the sealant to the two layers by the controlling of the temperature and the controlling of the pressure…” or something similar.
Claims 2-5 contain similar issues addressed above.
Appropriate correction is required.
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(s) 1-6 and 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toros et al (US 20250059656 A1) in view of Dettling et al (US 4732637 A).
Claim 1: Toros discloses a method for sealing an electrolyzer cell (see e.g. abstract), the method comprising:
applying a sealant between two layers of an electrolyzer cell (see e.g. [0041]);
compressing the two layers towards each other (see e.g. [0042]);
controlling a temperature (see e.g. [0045]);
controlling a pressure applied to the sealant by the compressing of the two layers towards each other (see e.g. [0042]); and
conforming the sealant to the two layers by the controlling the temperature and the controlling the pressure (see e.g. [0042]; [0045]).
Toros does not explicitly teach flowing fluid through a flow field in the electrolyzer cell and controlling the temperature by controlling temperature of the fluid flowing through the flow field. Toros does not provide specific details for how the temperature is controlled and a person having ordinary skill in the art before the effective filing date of the instant invention would be motivated to find a suitable means of doing so.
Dettling teaches a method for sealing an electrochemical cell (see e.g. abstract) using pressure and temperature applied to the sealant (see e.g. col 4, lines 19-21), making it analogous art, making it analogous art (see MPEP § 2141.01(a) I). In the method of Dettling, the temperature of the system is controlled by flowing fluid through a flow field in the electrolyzer cell (see e.g. col 5, lines, 40-54) and controlling the temperature of the cell using cooling fluid (see e.g. col 9, line 20-26). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the method of Toros to use the means of controlling temperature taught in Dettling.
Claim 2: Toros in view of Dettling discloses that the controlling the pressure further comprises automatically controlling the pressure of the compressing the two layers towards each other (see e.g. Toros - [0015]: “The method according to the invention is particularly well suited for an automatized manufacturing of electrolysis cells”) such that the pressure is maintained within a prescribed range during the conforming the sealant to the two layers (see e.g. Toros - [0042]).
Claim 3: Toros in view of Dettling discloses that the controlling the pressure further comprises automatically controlling the pressure of the compressing the two layers towards each other (see e.g. Toros - [0015]: “The method according to the invention is particularly well suited for an automatized manufacturing of electrolysis cells”) to control the conforming the sealant to the two layers (see e.g. Toros - [0042]).
Claim 4: Toros in view of Dettling discloses that the compressing the two layers towards each other further comprises compressing the two layers towards each other using a tensioning device, and wherein the method further comprises releasing the tensioning device and removing the two layers from the tensioning device (see e.g. Toros - [0042]; Dettling – col 9, lines 1-5).
Claim 5: Toros in view of Dettling discloses that the controlling the temperature of the fluid further comprises gradually increasing the temperature of the fluid to reach a threshold temperature using a heater (see e.g. Dettling – col 9, lines 12-19).
Claim 6: Toros in view of Dettling discloses the tensioning device receiving a second set of two layers (the method is done in an automated manufacturing process for multiple cells, see e.g. [0015]).
Claim 12: Toros discloses a system for sealing an electrolyzer cell, the system comprising:
an electrolyzer cell including two layers having a sealant therebetween (see e.g. [0041]);
a thermal controller configured to control a temperature (see e.g. [0045]); and
a tensioning device releasably connectable to the electrolyzer cell, the tensioning device configured to compress the two layers towards each other and the temperature is controlled to conform the sealant between the two layers (see e.g. [0042]; [0045]).
Toros does not explicitly teach a fluid pump releasably connectable to a flow field of an electrolyzer cell, wherein the fluid pump is configured to flow fluid through the flow field and a thermal controller configured to control a temperature of the fluid flowed through the flow field during compression. Toros does not provide specific details for how the temperature is controlled and a person having ordinary skill in the art before the effective filing date of the instant invention would be motivated to find a suitable means of doing so.
Dettling teaches a system for sealing an electrochemical cell (see e.g. abstract) using pressure and temperature applied to the sealant (see e.g. col 4, lines 19-21), making it analogous art, making it analogous art (see MPEP § 2141.01(a) I). In the method of Dettling, the temperature of the system is controlled by flowing fluid through a flow field in the electrolyzer cell (see e.g. col 5, lines, 40-54) and controlling the temperature of the cell using cooling fluid during compression (see e.g. col 9, line 20-26). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system of Toros to use the means of controlling temperature taught in Dettling.
Claim 13: Toros in view of Dettling discloses that the tensioning device is further configured to automatically control the pressure applied to the two layers (see e.g. Toros - [0015]: “The method according to the invention is particularly well suited for an automatized manufacturing of electrolysis cells”) to be within a prescribed range (see e.g. Toros - [0042]).
Claim 14: Toros in view of Dettling discloses that the tensioning device is further configured to automatically control the pressure applied to the two layers (see e.g. Toros - [0015]: “The method according to the invention is particularly well suited for an automatized manufacturing of electrolysis cells”) to control a conforming of the sealant to the two layers (see e.g. Toros - [0042]).
Claim 15: Toros in view of Dettling discloses that the thermal controller is further configured to gradually increase the temperature of the fluid flowed through the flow field to a threshold temperature (see e.g. Toros – [0045]. Dettling – col 9, lines 12-19).
Claim(s) 7 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toros in view of Dettling as applied to claim 1 above, and in further view of Liu et al (US 20260275542 A1).
Claim 7: Toros in view of Dettling discloses that the electrolyzer cell is an electrolyzer cell of an electrolyzer stack (see e.g. Toros [0003]; [0015]).
Toros in view of Dettling does not explicitly teach that the method further comprises:
connecting a voltage tester to an electro-chemical portion of the electrolyzer cell;
connecting the voltage tester to a portion of a remainder of the electrolyzer stack, the remainder including any portion of the electrolyzer stack other than the electro-chemical portion; and
measuring an electrical current between the electro-chemical portion and the portion of the remainder.
Liu teaches a method of forming an electrochemical cell (see e.g. abstract), making it analogous art (see MPEP § 2141.01(a) I). Following the assembly of the cell, Liu performs a voltage test (see e.g. [0046]) wherein a tester is connected to a portion of the cell and electric current is measured (see e.g. [0046]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the method of Toros in view of Dettling to incorporate the testing steps of Liu to verify that the assembled cell has the desired current for its intended use. Although Liu does not explicitly disclose that the tester is connected to two different ends of the stack, this would be inherent steps when performing a voltage test on the stack.
Claim 16: Toros in view of Dettling discloses that the electrolyzer cell is an electrolyzer cell of an electrolyzer stack (see e.g. Toros [0003]; [0015]).
Toros in view of Dettling does not explicitly teach that the system further comprises:
a voltage tester releasably connectable to an electro-chemical portion of the electrolyzer cell and to a portion of a remainder of the electrolyzer stack,
the remainder of the electrolyzer stack including any portion of the electrolyzer stack other than the electro-chemical portion; and
wherein the voltage tester is configured to measure an electrical current between the electro-chemical portion and the portion of the remainder.
Liu teaches a system for forming an electrochemical cell (see e.g. abstract), making it analogous art (see MPEP § 2141.01(a) I). Following the assembly of the cell, Liu performs a voltage test (see e.g. [0046]) wherein a tester is connected to a portion of the cell and electric current is measured (see e.g. [0046]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system of Toros in view of Dettling to incorporate the testing steps of Liu to verify that the assembled cell has the desired current for its intended use. Although Liu does not explicitly disclose that the tester is connected to two different ends of the stack, this would be inherent steps when performing a voltage test on the stack.
Claim(s) 8-11 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toros in view of Dettling as applied to claim 1 above, and in further view of Niroumand et al (US 20230411655 A1).
Claim 8: Toros in view of Dettling does not explicitly teach checking for leaking fluid between two portions of the flow field after the compressing the two layers towards each other.
Niroumand teaches a method of detecting leaks in electrolyzers and fuel cells after assembly and prior to use (see e.g. abstract; [0002]), making it analogous art (see MPEP § 2141.01(a) I). According to Niroumand, “Once an electrochemical stack is manufactured or assembled, typically several quality control tests are performed to check for issues such as material and/or manufacturing defects, and to check that the stack will perform as expected. This type of testing is often referred to as end-of-line testing (EOL testing), factory acceptance testing (FAT testing), or validation testing… Before a PEM fuel cell stack is supplied to a customer for use, it is typically subjected to a break-in procedure… These include, for example, pneumatic or hydraulic internal and external leak testing” (see e.g. [0005]; [0006]), For leak testing, Niroumand checks for leaking fluid from all parts of the cell (see e.g. [0073]), which would include between two portions of the flow field after the compressing the two layers towards each other. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the method of Toros in view of Dettling to incorporate the leak detecting method steps of Niroumand so that the stack passes the necessary quality control testing.
Claim 9: Toros in view of Dettling and Niroumand teaches that the checking for leaking fluid further comprises checking for leaking fluid at an operational pressure, the operational pressure being the pressure at which the two layers are intended to function in the electrolyzer cell during electrolysis (see e.g. Niroumand - [0087], these are all within the operating ranges of hydrogen producing electrolyzers that Toros discloses their cells are used for, see e.g. [0002]).
Claim 10: Toros in view of Dettling does not explicitly teach checking for leaking fluid or gas between a portion of the flow field and an exterior space surrounding the two layers.
Niroumand teaches a method of detecting leaks in electrolyzers and fuel cells after assembly and prior to use (see e.g. abstract; [0002]), making it analogous art (see MPEP § 2141.01(a) I). According to Niroumand, “Once an electrochemical stack is manufactured or assembled, typically several quality control tests are performed to check for issues such as material and/or manufacturing defects, and to check that the stack will perform as expected. This type of testing is often referred to as end-of-line testing (EOL testing), factory acceptance testing (FAT testing), or validation testing… Before a PEM fuel cell stack is supplied to a customer for use, it is typically subjected to a break-in procedure… These include, for example, pneumatic or hydraulic internal and external leak testing” (see e.g. [0005]; [0006]), For leak testing, Niroumand checks for leaking fluid from all parts of the cell (see e.g. [0073]), which would include between a portion of the flow field and an exterior space surrounding the two layers. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the method of Toros in view of Dettling to incorporate the leak detecting method steps of Niroumand so that the stack passes the necessary quality control testing.
Claim 11: Toros in view of Dettling and Niroumand teaches that the checking for leaking fluid further comprises checking for leaking fluid at an operational pressure, the operational pressure being the pressure at which the two layers are intended to function in the electrolyzer cell during electrolysis (see e.g. Niroumand - [0087], these are all within the operating ranges of hydrogen producing electrolyzers that Toros discloses their cells are used for, see e.g. [0002]).
Claim 17: Toros in view of Dettling does not explicitly teach a leak-checking device releasably connectable to the flow field and configured to check for fluid leaking between two portions of the flow field.
Niroumand teaches a system for detecting leaks in electrolyzers and fuel cells after assembly and prior to use (see e.g. abstract; [0002]), making it analogous art (see MPEP § 2141.01(a) I). According to Niroumand, “Once an electrochemical stack is manufactured or assembled, typically several quality control tests are performed to check for issues such as material and/or manufacturing defects, and to check that the stack will perform as expected. This type of testing is often referred to as end-of-line testing (EOL testing), factory acceptance testing (FAT testing), or validation testing… Before a PEM fuel cell stack is supplied to a customer for use, it is typically subjected to a break-in procedure… These include, for example, pneumatic or hydraulic internal and external leak testing” (see e.g. [0005]; [0006]), For leak testing, Niroumand checks for leaking fluid from all parts of the cell (see e.g. [0073]), which would include between two portions of the flow field after the compressing the two layers towards each other. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the method of Toros in view of Dettling to incorporate the leak-checking device of Niroumand so that the stack passes the necessary quality control testing.
Claim 18: Toros in view of Dettling and Niroumand teaches that the leak-checking device is further configured to check for fluid leaking between the two portions of the flow field at an operational pressure, the operational pressure being at least as much pressure as the two layers are intended to function under within the electrolyzer cell during electrolysis (see e.g. Niroumand - [0087], these are all within the operating ranges of hydrogen producing electrolyzers that Toros discloses their cells are used for, see e.g. [0002]).
Claim 19: Toros in view of Dettling does not explicitly teach a leak-checking device releasably connectable to the flow field and configured to check for fluid leaking between any portion of the flow field and an exterior space surrounding the two layers.
Niroumand teaches a system for detecting leaks in electrolyzers and fuel cells after assembly and prior to use (see e.g. abstract; [0002]), making it analogous art (see MPEP § 2141.01(a) I). According to Niroumand, “Once an electrochemical stack is manufactured or assembled, typically several quality control tests are performed to check for issues such as material and/or manufacturing defects, and to check that the stack will perform as expected. This type of testing is often referred to as end-of-line testing (EOL testing), factory acceptance testing (FAT testing), or validation testing… Before a PEM fuel cell stack is supplied to a customer for use, it is typically subjected to a break-in procedure… These include, for example, pneumatic or hydraulic internal and external leak testing” (see e.g. [0005]; [0006]), For leak testing, Niroumand checks for leaking fluid from all parts of the cell (see e.g. [0073]), which would include between a portion of the flow field and an exterior space surrounding the two layers. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the method of Toros in view of Dettling to incorporate the leak-checking device of Niroumand so that the stack passes the necessary quality control testing.
Claim 20: Toros in view of Dettling and Niroumand teaches that the leak-checking device is further configured to check for fluid leaking between the any portion of the flow field and the exterior space at an operational pressure, the operational pressure being at least as much pressure as the two layers are untended to function under within the electrolyzer cell during electrolysis (see e.g. Niroumand - [0087], these are all within the operating ranges of hydrogen producing electrolyzers that Toros discloses their cells are used for, see e.g. [0002]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER W KEELING whose telephone number is (571)272-9961. The examiner can normally be reached 7:30 AM - 4:00 PM. 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, 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.
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.
/ALEXANDER W KEELING/Primary Examiner, Art Unit 1795
Prosecution Insights