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 .
Priority
Receipt is acknowledged of certified copies of papers required by 35 USC 119 (a)-(d) or (f).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/05/2024 has been received and considered by the examiner.
Claim Objections
Claim 15 objected to because of the following informalities:
In claim 15, line 3, “by the casing of the fuel cell device, of the casing of the fuel cell device” should read “by the casing of the fuel cell device”.
Appropriate correction is required.
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.
Claim 1, 3 to 4, 6 to 8, 10, 12 to 14 is/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.
Regarding claim 1, 3 to 4, 6 to 8, 10, 12 to 14, the phrases "in particular" and “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Examples of this are “preferably a casing lid” (claim 1), “preferably to the casing lid” (claim 1), or “in particular, to the casing lid” (claim 3). It is unclear in the claims whether the wall of the casing is required to be a casing lid or it can be any wall. For the purpose of the art rejection below the claims have been interpreted NOT to require the “at least one wall” to be a casing lid.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 3 to 4, 6 and 8 to 15 is/are rejected under 35 U.S.C 102 (a)(1) as being unpatentable over HEMMER (US 20200144651)
Regarding claim 1,
FIG 1 to 14 shows a fuel cell device 100, a fuel cell stack unit 106 with a housing 122 which delimits an interior chamber in which the fuel cell stack unit is arranged having a cover element who close the chambers [0064-0065]. Further teaches that it may be favorable if a single cover element is arranged on a side of the basic body that faces the fuel cell stack [0066].
Regarding claim 3,
End plates 110 (FIG 3). One end plate or both plates can be formed from a plastics material [0021-0023].
Regarding claim 4,
The lower end plate 110 with a plurality of fluid lines 170 (FIG 4).
Regarding claim 6,
FIG 1 to 4 the passage portion (fluid lines 170) are project away from base plate (end plate 110).
Regarding claim 8 and 11,
End plate 110 of the fuel cell stack is preferably provided with one or more passage openings 176 [0077] and from FIG. 4, the fuel cell device 100 furthermore comprises a fluid guide unit 162 [0164] outside the casing.
Regarding claim 9,
A fluid guide unit 162 outside the of an interior 141 of the housing (FIG 1-2).
Regarding claim 10 and 12,
An internal sealing layer 108 in the upper and in the lower end plate. Hemmer further teaches that with this embodiment selected with the end plate, a uniform introduction of force into the fuel cell stack and preferably also a uniform surface pressure for sealing can likewise be obtained [0038], as a result of which in particular optimized sealing of the fluid guide unit 162 is obtainable [0194].
Regarding claim 14,
A clamping device 128.
Also, further teaches that it may be favorable if the clamping device has at least two crossmembers for each of the two ends of the fuel cell stack [0014].
Regarding claim 15,
A valve element 226 that can be a purge valve 228, a drainage valve 230 and/or a throttle nozzle 232. Also teaches sensor 188 and 186 [0190] (FIG 4 and 12 shows the different sensor and valves outside the interior chamber delimited by the casing of the fuel cell device).
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.
Claim(s) 2 is/are rejected under 35 U.S.C 103 as being unpatentable over HEMMER et al (US 20200144651) as applied in claim 1 above, and further in view of Burmeister et al (US 20130337364).
Regarding claim 2, Hemmer teaches:
The securing device is in particular a clamping device for clamping the fuel cell elements of the fuel cell stack [0071].
Hemmer is silence about the use of a fixed bearing device and/or floating device. In the same field of endeavor, fuel cell, Burmeister further teaches the use of a fixed clamping or a fixed bearing 29 [0043]. It would have been obvious to one of ordinary skill in the art at the time to select a bearing device according to the desire results. The fixed bearing and a floating bearing are well known alternatives for supporting a rotatable shaft while controlling axial and radial displacement. This arrangement provides an improved load support and accommodates thermal expansion, thereby reducing undesirable stresses compared with a clamping arrangement.
Claim(s) 5 is/are rejected under 35 U.S.C 103 as being unpatentable over HEMMER (US 20200144651) as applied in claim 4 above, and further in view of NPL, Flow Channel Designs by Suprava Chakraborty, 2022.
Regarding claim 5,
The end plate 110 comprises one or more fluid lines which form a flow guide 192 [0177]. FIG 4 shows that this flow guide 192 is doing the same function of the channel portion of supply the fluid.
Hemmer is silence about the passage portion without weld seams. In the same field of endeavor, fuel cell, Suprava teaches in the article the performance of a PEMFC is greatly influenced by the design of the anode and cathode flow channels (Abstract). When authors explain the serpentine flow field channels in section 3.2 first paragraph, “found that smoothening was significantly more successful in lowering the pressure drop in serpentine geometry” indicative that a geometry or a channel with smoothing properties can provide better flow conditions. It would have been obvious to one of ordinary skill in the art at the time to design a passage portion for the medium without weld seam to improved gas distribution and uniformity to obtain a better efficiency. The weld seams can create flow disturbances, leading to uneven reactant distribution across the electrode surface.
Claim(s) 13 is/are rejected under 35 U.S.C 103 as being unpatentable over HEMMER (US 20200144651) as applied in claim 1 above, and further in view of SCHAETZEL (DE 102009034141).
Regarding claim 13, Hemmer doesn’t teach:
One or more first or second groove for receiving the sealing element
In the same field of endeavor, fuel cell, Schaetzel teaches that to increase the stiffness of the cover element 362, it can be provided with grooves 384 [0222]. It would have been obvious to one of ordinary skill in the art at the time to design an end plate with a groove for the sealing element to host and position correctly the sealing element improving the sealed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US2009197149, WO 2015161913, US2020185751 and DE102013020434
Any inquiry concerning this communication should be directed to NICOLAS J ROSA BERRIOS at telephone number (571)270-1856.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Hindenlang can be reached on (571) 270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ Nicolas Rosa / Examiner / Art Unit 1741
7/16/2026
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741
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