DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Intended use
2. It is noted that the claims have “intended use” language such as “for a battery” and it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987).
Claim Rejections - 35 USC § 112
3. 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.
4. Claims 7, 8, and 9 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.
5. Claim 7 recites the limitation "the internal passages" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purpose of this Office Action, the limitation has been interpreted as " internal passages".
6. Claim 8 is rejected as depending from claim 7.
7. Claim 9 recites the limitation "the internal passages" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. For the purpose of this Office Action, the limitation has been interpreted as " internal passages".
8. Claims 16 and 17 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.
9. Claim 16 recites the limitation "the internal passages" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. For the purpose of this Office Action, the limitation has been interpreted as " internal passages".
10. Claim 17 recites the limitation "the internal passages" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. For the purpose of this Office Action, the limitation has been interpreted as " internal passages".
Claim Rejections - 35 USC § 102
11. 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.
12. 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.
13. Claim(s) 1-3, 5-8, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hausmann et al. (DE102020007731A1) as cited in IDS dated 7/9/25 with citations from machine translation provided with this Office Action.
Regarding claim 1, Hausmann discloses a bipolar plate(2, Figs. 1-3 & 8, abstract, [0023]-[0026], [0037]-[0039]) for a battery, comprising: a metal sheet (metallic substrate 1, Figs. 1, 2, & 8, [0023]) having a first side (cathode side half 4, Fig. 1, [0023]) and a second side opposite the first side (anode side half 5, Fig. 1, [0023]), the metal sheet being folded so as to form a series of loops on the second side(Fig. 2, [0023]), the loops being spaced apart to define flow field passages therebetween on the second side(anode channels 8, Fig. 2, [0023]), each of the loops being bonded (weld seam 43, Fig. 8, [0039]) along an edge at the first side so as to enclose an internal passage(cooling channels 9, Fig. 2, [0023]-[0024]).
Regarding claim 2, Hausmann discloses the first side is substantially flat(Fig. 2).
Regarding claim 3, Hausmann discloses an arrangement of the flow field passages is selected from the group consisting of a parallel flow field (Fig. 3).
Regarding claim 5, Hausmann discloses the first side includes a conductive coating([0038], Fig. 8).
Regarding claim 6, Hausmann discloses the metal sheet is multi-layered(Fig. 8).
Regarding claim 7, Hausmann discloses further comprising a thermal working material in internal passages(cooling media channels 9 with cooling medium, Figs. 2 & 3, [0024]-[0025]).
Regarding claim 8, Hausmann discloses the thermal working material is selected from the group consisting of a refrigerant([0025]).
Regarding claim 19, Hausmann discloses a method for fabricating a bipolar plate (2, Figs. 1-3 & 8, abstract, [0023]-[0026], [0037]-[0039]) for a battery, comprising: providing a substantially flat metal sheet (metallic substrate 1, Figs. 1, 2, & 8, [0023]) that has a first side (cathode side half 4, Fig. 1, [0023]) and a second side opposite the first side (anode side half 5, Fig. 1, [0023]); bending the metal sheet to form a series of loops on the second side (Fig. 2, [0023]), the loops being spaced apart to define flow field passages therebetween on the second side (anode channels 8, Fig. 2, [0023]); and bonding each of the loops along an edge at the first side (weld seam 43, Fig. 8, [0039]) so as to enclose an internal passage (cooling channels 9, Fig. 2, [0023]-[0024]).
Regarding claim 20, Hausmann discloses the bending includes stamping([0018], [0023]).
Claim Rejections - 35 USC § 103
14. 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.
15. 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.
16. Claim(s) 4 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hausmann et al. (DE102020007731A1) as cited in IDS dated 7/9/25 with citations from machine translation provided with this Office Action as applied to claim 1 above, and further in view of Brady et al. (US2004/0033410A1) as cited in IDS dated 7/9/25.
Regarding claim 4, Hausmann does not explicitly disclose the metal sheet is selected from the group consisting of stainless steel, copper, aluminum, titanium, and tin.
Brady teaches a bipolar plate having a conductive foam as a coolant layer for use in a fuel cell stack([0001]). Brady teaches the metal sheet is selected from the group consisting of stainless steel and titanium ([0024]).
It would have been obvious to one of ordinary skill in the art to use steel or titanium as taught by Brady since prior art of Hausmann discloses genus of metal. MPEP 2144.08.
Regarding claim 9, Hausmann does not explicitly disclose further comprising a porous wick in internal passages.
Brady teaches a bipolar plate having a conductive foam as a coolant layer for use in a fuel cell stack([0001]). Brady teaches further comprising a porous wick in internal passages([0018], Fig. 3).
It would have been obvious to one of ordinary skill in the art to modify the bipolar plate of Hausmann with further comprising a porous wick in internal passages as taught by Brady as obvious to try choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. See MPEP 2143.
17. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hausmann et al. (DE102020007731A1) as cited in IDS dated 7/9/25 with citations from machine translation provided with this Office Action as applied to claim 1 above, and further in view of
Shimizu et al. (JPH07254424A) as cited in IDS dated 7/9/25 with citations from machine translation provided with this Office Action.
Regarding claim 10, Hausmann does not explicitly disclose each of the loops has a triangular cross-section.
Shimizu teaches collector plate for molten carbonate fuel cell (title). Shimizu teaches each of the loops has a triangular cross-section(Fig. 3, [0021]).
It would have been obvious to one of ordinary skill in the art to modify the bipolar plate of Hausmann with each of the loops has a triangular cross-section as taught by Shimizu as obvious to try choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. See MPEP 2143.
18. Claim(s) 11-13, 15, 16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hausmann et al. (DE102020007731A1) as cited in IDS dated 7/9/25 with citations from machine translation provided with this Office Action in view of Kwon et al. (US 2015/0340747) as cited in IDS dated 7/9/25.
Regarding claim 11, Hausmann discloses the cathode including a bipolar plate (2, Figs. 1-3 & 8, abstract, [0023]-[0026], [0037]-[0039]) having a metal sheet (metallic substrate 1, Figs. 1, 2, & 8, [0023]) defining a negative first side (cathode side half 4, Fig. 1, [0023]) and a positive second side opposite the negative first side (anode side half 5, Fig. 1, [0023]), the metal sheet being folded so as to form a series of loops on the positive second side (Fig. 2, [0023]), the loops being spaced apart to define flow field passages therebetween on the positive second side (anode channels 8, Fig. 2, [0023]), each of the loops being bonded (weld seam 43, Fig. 8, [0039]) along an edge at the negative first side so as to enclose an internal passage (cooling channels 9, Fig. 2, [0023]-[0024]), a fuel cell ([0035]) but does not explicitly disclose a battery comprising: at least one cell including a metal anode; a cathode; and an electrolyte between the metal anode and the cathode.
Kwon teaches a metal-air battery cell, a metal-air battery including the metal-air battery cell, and a method of fabricating the metal-air battery cell, and more particularly, a metal-air battery cell that is configured to easily supply air to a positive electrode and is improved in terms of energy density, a metal-air battery including the metal-air battery cell, and a method of fabricating the metal-air battery cell([0003]). Kwon teaches a battery (metal air battery cell 10, Fig. 1, [0055]) comprising: at least one cell including a metal anode(11, Fig. 1, [0009], [0056]); a cathode(13, Fig. 1, [0009], [0056]); and an electrolyte between the metal anode and the cathode(12, Fig. 1, [0009], [0056]). Kwon teaches the channel layer 14 is configured to cause air to flow on and be incident to the positive electrode layer 13([0063]. Kwon teaches the channel layer 14 may include a plurality of channel structures 15 which defines the channel layer 14(Fig. 1, [0063]).
It would have been obvious to one of ordinary skill in the art to use the bipolar plate of Hausmann in a battery comprising: at least one cell including a metal anode; a cathode; and an electrolyte between the metal anode and the cathode as taught by Kwon as applying a known technique to a known device ready for improvement to yield predictable results. MPEP 2143.
Regarding claim 12, modified Hausmann discloses the negative first side is substantially flat(Hausmann Fig. 2).
Regarding claim 13, modified Hausmann discloses an arrangement of the flow field passages is selected from the group consisting of a parallel flow field (Hausmann, Fig. 3).
Regarding claim 15, modified Hausmann discloses the metal sheet is multi-layered(Hausmann, Fig. 8).
Regarding claim 16, modified Hausmann discloses further comprising a thermal working material in internal passages(Hausmann, cooling media channels 9 with cooling medium, Figs. 2 & 3, [0024]-[0025]).
Regarding claim 18, modified Hausmann discloses the cathode is configured as an air cathode(Hausmann [0025], Kwon [0009]).
19. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hausmann et al. (DE102020007731A1) as cited in IDS dated 7/9/25 with citations from machine translation provided with this Office Action in view of Kwon et al. (US 2015/0340747) as cited in IDS dated 7/9/25 as applied to claim 11 above, and further in view of Miyazawa et al. (US 2009/0092872) as cited in IDS dated 7/9/25
Regarding claim 14, modified Hausmann does not explicitly disclose the positive second side is coated with a catalyst metal and the negative first side is coated with a material that alters surface energy to promote better plating morphology.
Miyazawa teaches a bipolar plate comprising a metal sheet (7A,7C, Fig. 1) have a first side (26, Fig. 2) and a second side (25, Fig. 2) opposite the first side (26, Fig. 2), the metal sheet (7A, 7C, Fig. 1) being folded so as to form a series of loops (22, Fig. 3) on the second side (25, Fig. 3), the loops (22, Fig. 3) being spaced apart to define flow field passages (8A, Fig. 3) therebetween on the second side (25, Fig. 3), each of the loops (22, Fig. 3) being bonded by a welded portion (10, Fig. 3) along an edge (21a, Fig. 3) at the first side so as to enclose an internal passage (9, Fig. 3). Miyazawa teaches the membrane electrode assembly 3 includes a pair of electrode catalyst layers 5A and 5C and an electrolyte membrane 4 provided between the electrode catalyst layers 5A and 5C(Fig. 1, [0044]). Miyazawa teaches the corrosion-resistant coating layer 27 may be formed by, for example, a coating using platinum (Pt), palladium (Pd), or titanium (Ti) or a surface modification treatment for improving corrosion resistance(Fig. 2, [0059]).
It would have been obvious to one of ordinary skill in the art to modify the battery of modified Hausmann with the positive second side is coated with a catalyst metal and the negative first side is coated with a material that alters surface energy to promote better plating morphology as taught by Miyazawa as obvious to try choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. See MPEP 2143.
20. Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hausmann et al. (DE102020007731A1) as cited in IDS dated 7/9/25 with citations from machine translation provided with this Office Action as applied to claim 11 above, and further in view of Brady et al. (US2004/0033410A1) as cited in IDS dated 7/9/25.
Regarding claim 17, modified Hausmann does not explicitly disclose further comprising a porous wick in internal passages.
Brady teaches a bipolar plate having a conductive foam as a coolant layer for use in a fuel cell stack([0001]). Brady teaches further comprising a porous wick in the internal passages([0018], Fig. 3).
It would have been obvious to one of ordinary skill in the art to modify the battery of modified Hausmann with further comprising a porous wick in internal passages as taught by Brady as obvious to try choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. See MPEP 2143.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA HOM LYNCH whose telephone number is (571)272-0489. The examiner can normally be reached 7:30 AM - 4:30 PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724
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