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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 05/20/2024 and 03/26/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 3 is 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.
Claim 3 recites the limitation "after the sealing member is cross-linked". There is insufficient antecedent basis for this limitation in the claim as claim 3 depends upon claim 1 which is silent with respect to the crosslinking step while claim 2 recited the cross-linking step.
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.
Claims 1-3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Takao (JP 2016018703 A) in view of Nagano (JP 2009238572 A).
Regarding claim 1, Takao discloses a method for manufacturing a fuel cell,
The fuel cell comprising:
A plurality of stacks each comprising a membrane electrode assembly and a pair of separators holding the membrane electrode assembly therebetween (Figure 1; cell 1 comprises a membrane electrode assembly 2 and separators 5 and 6; [0016] a plurality of unit cells are stacked and laminated); and
A sealing part provided so as to form a sealed space for a gap formed between stacks adjacent to each other in a stacking direction as the plurality of stacks are stacked at predetermined intervals (Figure 1; seal members 9 are used to seal and bond with the separators and can be used within a plurality of stacks and thus provided to be between adjacent stacks for sealing purposes).
While Takao’s figures depict a unit cell having the structure as claimed and discloses wherein a plurality of unit cells can be used in the fuel, Takao is silent with respect to wherein the sealing members can also be disposed between adjacent unit cell stacks for sealing purposes, however, it would have been obvious for a skilled artisan to provide additional sealing members and arrange them between the stack of unit cells for sealing purposes. Thus, the modified structure would read on the sealing part can be provided between adjacent unit cell stacks of the fuel cell. The mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04). The mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
Takao further discloses wherein the sealing member 9 contains two layers such as a seal member main portion 91 and an adhesive layer 92 that are bonded to each other and integral with the separator ([0024]). Takao is silent with respect to a method of forming the sealing part by melting a resin layer provided between the separator and a sealing member and thereby bonding the separator and the sealing member to each other.
Nagano discloses a separator used for a fuel cell and a method of manufacturing a separator and is analogous with the instant invention as being within the same field of endeavor of fuel cells. Nagano further discloses an intermediate member 43 made of a resin having a base material layer 43b and an adhesive layer 43a (Figure 11; [0038]). Nagano discloses wherein the intermediate member includes a base material layer made of a first region and an adhesive layer made of a second resin and wherein the melting point of the base material layer is higher than the melting point of the adhesive layer in order to improve the adhesiveness between the base material layer and the adhesive layer as the adhesive layer will undergo a melting to couple and fix the sealant layer to the base layer and separator ([0008-0015, 0019, 0046]).
Therefore, it would have been obvious in view of a skilled artisan to incorporate the fixing method of Nagano such that the adhesive material 92 and seal member main portion 91 are made of resin materials having different melting temperatures such that the seal member main portion has a lower melting temperature that melts to form a bond between the separator and the adhesive material as taught by Nagano in order to couple and fix the separator to the adhesive layer. A skilled artisan would have found it obvious to use a resin material as the material for the seal member main portion of Takao as the intermediate member of Nagano is similar structurally and functionally to the seal member of Takao, thus it would have been obvious to select a known material for a known intended use as is rendered obvious through the combination of Takao and Nagano. Thus, the claim limitation in which a resin layer is melted to bond the separator and sealing member is rendered obvious through the combination. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Regarding claim 2, modified Takao discloses all the claim limitations of claim 1. Modified Takao further discloses wherein at least both the sealing member and the resin layer are heated in a state in which the resin layer is disposed between the separator and the sealing member (see modification of claim 1; Takao Figure 1), so that the resin layer is melted while the sealing member is being cross-linked (Takao [0010,0013,0025-0026, 0027-0028] cross linking of the sealing member; see modification of claim 1 as the resin layer through the modification is melted), and the separator and the sealing member are thereby bonded to each other (see modification of claim 1 as the separator, seal member main portion and adhesive layer are all bonded together).
Regarding claim 3, modified Takao discloses all the claim limitations of claim 1. Modified Takao further discloses wherein after the sealing member is cross-linked, the resin layer is disposed at a place where the resin layer is in contact with the sealing member (Takao Figure 1), and then the separator and the sealing member are bonded to each other by heating, thereby melting the resin layer (see modification of claim 1 and Nagano [0055] the base material and intermediate member are heated so that the resin is melted to be heat welded and thus since the temperature of the heat welding is higher than the melting point of the resin, the resin will melt to form a heat welded/ bonded connection between the separator, sealing member main portion 91 and adhesive layer 92 of Takao through the modification of claim 1; the sealing member and the separator are at least indirectly bonded to one another through the sealing member main portion).
Regarding claim 5, Takao discloses a fuel cell in which a plurality of stacks each comprising a membrane electrode assembly and a pair of separators holding the membrane electrode assembly therebetween are stacked at predetermined intervals, (Figure 1; cell 1 comprises a membrane electrode assembly 2 and separators 5 and 6; [0016] a plurality of unit cells are stacked and laminated),
Wherein a sealing part is provided so as to form a sealed space for a gap formed between stacks adjacent to each other in a stacking direction as the plurality of stacks (Figure 1; seal members 9 are used to seal and bond with the separators and can be used within a plurality of stacks and thus provided to be between adjacent stacks for sealing purposes).
While Takao’s figures depict a unit cell having the structure as claimed and discloses wherein a plurality of unit cells can be used in the fuel, Takao is silent with respect to wherein the sealing members can also be disposed between adjacent unit cell stacks for sealing purposes, however, it would have been obvious for a skilled artisan to provide additional sealing members and arrange them between the stack of unit cells for sealing purposes. Thus, the modified structure would read on the sealing part can be provided between adjacent unit cell stacks of the fuel cell. The mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04). The mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
Takao further discloses wherein the sealing member 9 contains two layers such as a seal member main portion 91 and an adhesive layer 92 that are bonded to each other and integral with the separator ([0024]). Takao is silent with respect to the sealing part comprising a resin layer provided between the separator and a sealing member.
Nagano discloses a separator used for a fuel cell and a method of manufacturing a separator and is analogous with the instant invention as being within the same field of endeavor of fuel cells. Nagano further discloses an intermediate member 43 made of a resin having a base material layer 43b and an adhesive layer 43a (Figure 11; [0038]). Nagano discloses wherein the intermediate member includes a base material layer made of a first region and an adhesive layer made of a second resin and wherein the melting point of the base material layer is higher than the melting point of the adhesive layer in order to improve the adhesiveness between the base material layer and the adhesive layer as the adhesive layer will undergo a melting to couple and fix the sealant layer to the base layer and separator ([0008-0015, 0019, 0046]).
Therefore, it would have been obvious in view of a skilled artisan to incorporate the teaching of Nagano such that the adhesive material 92 and seal member main portion 91 are made of resin materials having different melting temperatures such that the seal member main portion has a lower melting temperature that melts to form a bond between the separator and the adhesive material as taught by Nagano in order to couple and fix the separator to the adhesive layer. A skilled artisan would have found it obvious to use a resin material as the material for the seal member main portion of Takao as the intermediate member of Nagano is similar structurally and functionally to the seal member of Takao, thus it would have been obvious to select a known material for a known intended use as is rendered obvious through the combination of Takao and Nagano. Thus, the claim limitation in which a resin layer is between the separator of the stack and the sealing member is rendered obvious through the combination. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Takao (JP 2016018703 A) in view of Nagano (JP 2009238572 A) as applied to claim 1 above, and further in view of Goto et al. (US 2007/0231662 A1).
Regarding claim 4, modified Takao discloses all the claim limitations of claim 1. Modified Takao is silent with respect to wherein a mold is used to mold the shape of the sealing part wherein the resin layer is provided and the sealing member is injected into the mold so that the resin layer is provided between the separator and the sealing member.
Goto discloses a separator for a fuel cell and method of producing a separator and is analogous with the instant invention as being within the same field of endeavor of fuel cells. Goto further discloses wherein a molding die is used and wherein a melted resin is injected into the molding die to form sealing members that are integrally formed with the first and second separators as a way of forming the sealing region of the separator ([0014-0016,0054] and Figure 6).
Therefore, it would have been obvious in view of a skilled artisan to modify the method of Takao such that a molding die is used for molding the sealing part by injecting the adhesive member into the molding die that also contains the melted resin material as a way of forming the sealing region as taught by Goto. The resulting structure would have the melted resin layer within the molding die and would have the molding die be injected with the adhesive layer such that the resin layer is provided between the separator and the sealing member as an alternative way of forming the sealing part of modified Takao. The resulting modification would render obvious all the claim limitations of claim 4 as the method of forming the sealing part can incorporate the method taught by Goto of using a molding die to form the sealing part for the fuel cell.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sugimoto et al. (US 2020/0028187 A1)-discloses a method for manufacturing fuel cell having a sealing member 40 disposed on the outer peripheral portion of the membrane electrode and gas diffusion layer wherein the sealing member can be made of a plurality of layers 41 and 42 having different melting points when heated to bond the separator and the sealing members.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam J Francis whose telephone number is (571)272-1021. The examiner can normally be reached M-Th: 7 am-4 pm EST.
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/ADAM J FRANCIS/Primary Examiner, Art Unit 1728
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