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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) were submitted on 02/28/2024. The submission is 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 § 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.
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 1-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over CN101325267A to Hu et al.
With respect to claim 1, Hu et al. teach a fuel cell stack module, by comprising: at least one shared end plate 12; and at least two fuel cell stacks A and B arranged to share the at least one shared end plate 12 (Hu et al.: Pages 5-6; Figs. 1-5).
Hu et al. do not specifically teach each of the at least two fuel cell stacks is individually clamped. However, it would have the same functionality or purpose as the claimed limitation. Accordingly, in a product-by-process claim, the patentability of a product does not depend on its method of production. In re Thorpe 777 F.2d 695, 698, 227 USPQ 964,966 (Fed Cir. 1985) and MPEP 2113.
With respect to claim 2, Hu et al. teach the fuel cell stack module, wherein the at least two fuel cell stacks A and B are sequentially arranged in a direction generally from left to right, and the shared end plate 12 is provided between every two adjacent fuel cell stacks A and B (Hu et al.: Pages 5-6; Figs. 1-5).
With respect to claim 3, Hu et al. teach the fuel cell stack module, wherein the fuel cell stack module further comprises a first outer side end plate 13 and a second outer side end plate 13, and the at least two fuel cell stacks comprise a first fuel cell stack A and a second fuel cell stack B, the first fuel cell stack A being clamped between the first outer side end plate 13 and a shared end plate 12, and the second fuel cell stack B being clamped between the second outer side end plate 13 and a shared end plate 12 (Hu et al.: Pages 5-6; Figs. 1-5).
With respect to claim 4, Hu et al. teach the fuel cell stack module, wherein the shared end plate 12 is provided between every two adjacent fuel cell stacks A and B, each of the at least two fuel cell stacks A and B being clamped between shared end plates 12 on two sides 13 thereof (Hu et al.: Pages 5-6; Figs. 1-5).
Hu et al. do not specifically teach the at least two fuel cell stacks are arranged in the form of a ring. However, changes in shape of a known element have been held to be obvious since both of the specification and claims do not show the criticality of the limitation. See Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984) and In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
With respect to claim 5, Hu et al. teach the fuel cell stack module, wherein the at least one shared end plate 12 has a size in a longitudinal direction that is greater than the size of the at least two fuel cell stacks A and B in the longitudinal direction, so that a plurality of fuel cell stacks A and B are arranged in the longitudinal direction on either side of the shared end plate 12 (Hu et al.: Pages 5-6; Figs. 1-5).
With respect to claim 6, Hu et al. teach the fuel cell stack module, wherein the at least one shared end plate 12 is configured in the form of a polygonal prism, and the fuel cell stacks A and B are arranged on at least two of a plurality of sides of the at least one shared end plate 12 (Hu et al.: Pages 5-6; Figs. 1-5).
With respect to claim 7, Hu et al. teach the fuel cell stack module, wherein each of the at least two fuel cell stacks A and B comprises the same number of fuel cells (Hu et al.: Pages 5-6; Figs. 1-5).
With respect to claim 8, Hu et al. teach the fuel cell stack module, wherein each of the at least one shared end plate 12 is internally provided with a plurality of inlets, channels and outlets, and fuel, an oxidant and a coolant flow into the respective fuel cell stacks A and B via different inlets and channels, and flow out of the shared end plate 12 via different outlets (Hu et al.: Pages 5-6; Figs. 1-5).
With respect to claim 10, Hu et al. teach the fuel cell stack module, wherein the channels comprise a cathode exhaust gas recirculation channel (Hu et al.: Pages 5-6; Fig. 3a).
Hu et al. do not specifically teach an exhaust gas recirculation pump is provided in the cathode exhaust gas recirculation channel.
However, it would have been obvious as of the effective filing dated of the claimed invention to have an exhaust gas recirculation pump is provided in the cathode exhaust gas recirculation channel since it was known in the art that the recirculation pump could adjust the flow rate of the cathode exhaust gas.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over CN101325267A to Hu et al. in view of US Patent Application Publication 2003/0186093 to St-Pierre et al.
With respect to claim 9, Hu et al. do not specifically teach the fuel cell stack module, wherein each of the at least one shared end plate is further internally provided with a temperature sensor, a relative humidity sensor, a pressure sensor, and a concentration sensor configured to measure working parameters of the fuel, the oxidant, and the coolant.
However, St-Pierre et al. teach an electric power generation system comprising temperature sensors, relative humidity sensors, pressure sensors, and concentration sensors to measure working parameters of the fuel, the oxidant, and the coolant (St-Pierre et al.: Section [0111]).
It would have been obvious as of the effective filing dated of the claimed invention to have modified Hu et al. with the teaching above from St-Pierre et al. with the motivation of having a means such these sensors can be useful to precisely monitor the water flux in and out of the cell, so that a water management program can be carried out during stack operation to prevent excess water from building up in the stack.
Allowable Subject Matter
Claims 11-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINGWEN R ZENG whose telephone number is (571)272-6649. The examiner can normally be reached 8am-5pm.
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/LINGWEN R ZENG/Examiner, Art Unit 1723 6/27/2026
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