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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the tongue projecting from the plane of the first collection plate in claim 19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because
Reference characters "3" and "4" have both been used to designate "reactant inlet manifold" (Pg. 8, line 11).
Reference characters "6" and "7" have both been used to designate "reactant outlet manifold" (Pg. 8, line 13).
Reference characters "8" and "9" have both been used to designate "cooling fluid outlet manifold" (Pg. 8, line 16).
Reference characters "12" and "13" have both been used to designate "reactant passage" (Pg. 9, line 7).
Reference characters "17" and "23" have both been used to designate "first clamping plate" (Pg. 6, line 20).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because
Reference character “15” has been used to designate both "first inter-cooling circuit" and "last inter-cooling circuit" (Pg. 7, lines 5 and 7).
Reference character “30” has been used to designate “plurality of cells”, “cell”, “first cell”, and “last cell” (Pg. 7, lines 1-8).
Reference character “2” has been used to designate both “first aperture” and “second aperture” (Pg. 8, lines 12-14).
Reference character “13” has been used to designate both “reactant passage” and "cooling passage" (Pg. 9, lines 7 and 11).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Some labels are only on figure 2 when stated they are in figure 1, such as "first inter-cell cooling circuit 15" (Pg.7, line 5).
Appropriate correction is required.
Claim Objections
Claims 11-20 are objected to because of the following informalities:
Claim 11, lines 7 and 9-10: "another of the cell" can be "another cell of said plurality of cells" to be clearer.
Claim 11, line 21: “the distribution manifold” should be “the fluid distribution manifold”.
Claims 12-20 are objected to by being dependent on claim 11
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.
Claims 11-20 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.
Claim 11 recites the limitation "the cooling face" in line 16. There is insufficient antecedent basis for this limitation in the claim. For examiner purposes, this has been interpreted as “a cooling face”.
The term “substantially constant” in claim 12, line 2 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The parameter of thickness has, in turn, been rendered indefinite. For examination purposes, the examiner has interpreted “substantially constant” as “constant”.
Claim 15, line 1; claim 17 lines 1 and 2; and claim 19, line 1 and recites the limitation "the first collection plate". There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the examiner has interpreted “the first collection plate” as “the first electric current collection plate”.
Claims 13-14, 16, 18, and 20 are also rejected by being dependent to claim 11.
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.
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) 11-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saulsbury et al (US 20050095485 A1, cited in the IDS) in view of Hado et al (JP H10177861 A), Stahl et al. (US 20220384822 A1), and Zayatz (US 7722992 B1).
Regarding claim 11, Saulsbury teaches a fuel cell having:
a stack of a plurality of cells (Fig. 2, 215, [0057]), the stack being sandwiched between a first clamping plate (Fig. 2, 222, [0057]) and a second clamping plate (Fig. 2, 224, [0057]) configured to apply a predetermined clamping pressure to the stack,
wherein the plurality of cells has a first cell at a first end of the stack and a last cell at a second end of the stack (Fig. 2, 215, [0057]),
wherein each cell of the plurality of cells has an anode plate (Fig. 1b, 30, [0046]) and a cathode plate (Fig. 1b, 32, [0046])
wherein a remaining plate of the first cell defines a first end plate (Fig. 2, 210, end of the first cell),
a distribution plate (Fig. 4b, 490 [0069]) comprising: a first electric current collection face configured to face a first electric current collection plate (Fig. 4b, 480 [0069]) and a distribution face configured to face the cooling face of the first end plate;
wherein the distribution plate has at least one fluid distribution manifold formed through the plate (Figure 4a, 492, [0068]-[0069]). Saulsbury does not specifically teach wherein one of the anode or cathode plates of the first cell forms, with one of the anode or cathode plates of another of the cells, a first inter-cell cooling circuit,
wherein a remaining plate of the last cell forms, with one of the anode or cathode plates of another of the cells, a last inter-cell cooling circuit,
and a first flat seal interposed between the distribution plate and the first clamping plate
wherein the first electric current collection face and/or the first clamping plate has an annular lip formed about the distribution manifold so as to clamp the first flat seal to provide a fluid tight seal.
Hado, however, teaches of a stack of fuel cells [0005] with inter-cell cooling circuits disposed between each of the fuel cells ([0005], [0007[). This, in turn means that Hado teaches that one of the anode or cathode plates of the first cell forms, with one of the anode or cathode plates of another of the cells, a first inter-cell cooling circuit, and
a remaining plate of the last cell forms, with one of the anode or cathode plates of another of the cells, a last inter-cell cooling circuit.
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the Saulsbury fuel cell stack to include inter-cell cooling circuits between the anode and cathode plates of the fuel cells because it prevents heat generation due to power generation and high temperature (Hado et al. [0002]).
In addition, Stahl teaches of an electrochemical device that include a first flat seal (Fig. 1, 110, [0072]) interposed between the distribution plate (Fig. 1, 108, [0072]) and the first clamping plate (Fig. 1, 114, [0073]).
Therefore, it would be obvious to a person having ordinary skill in the art before the effective filing date to further modify the Saulsbury fuel cell stack by substituting the seal in the Saulsbury fuel cell stack with the Stahl between the distribution plate and the first clamping plate. This is because the Stahl seal prevents the bipolar plates on their outer periphery are contacted by electrically conductive foreign particles and/or by electrically conductive, in particular non-deionized, water, such that the occurrence of short circuits is avoided (Stahl et al. [0042]).
Along with that, Zayatz teaches that the first electric current collection face and/or the first clamping plate has an annular lip formed about the distribution manifold so as to clamp the first flat seal to provide a fluid tight seal (Fig. 2, 58B [0021]).
Therefore, it would be obvious to a person having ordinary skill in the art before the effective filing date to further modify the Saulsbury fuel cell stack to include a lip on the first electric current collection face because it serves to maintain strict alignment of the plate inside the casing (Zayatz abstract).
Regarding claim 12, modified Saulsbury teaches the fuel cell as claimed in Claim 11 wherein, the first flat seal has, when unstressed, a constant thickness over the entire surface thereof (Stahl et al. Fig. 1, 110, [0072]).
Regarding claim 13, modified Saulsbury teaches the fuel cell as claimed in Claim 11, wherein the first flat seal has a flat face, the surface of which is at least equal to 80% of the surface of the face of the first end plate facing the first flat seal (Stahl et al. Fig. 1, first flat seal 110, first end plate 114, [0073]).
Regarding claim 14, modified Saulsbury teaches the fuel cell as claimed in Claim 11 wherein the first flat seal is electrically insulating (Stahl et al. [0072]).
Regarding claim 15, modified Saulsbury teaches the fuel cell as claimed in Claim 11 wherein the first flat seal is in contact with at least a portion of the first collection plate and being in contact with at least a portion of the distribution plate (Saulsbury et al. Fig. 4b, distribution plate 490, first collection plate 480 [0069]). Since the distribution plate and the first collection plate both face the seal in the Saulsbury reference, this would mean that the two plates would be facing the seal in the modified Saulsbury fuel cell stack.
Regarding claim 16, modified Saulsbury teaches the fuel cell as claimed in Claim 11 wherein the fuel cell comprises an absence of an O-ring arranged on either side of the first flat seal to provide a fluid tight seal (Stahl et al, Fig 1). It is clear that modified Saulsbury does not teach of an O-ring arranged around the first flat seal.
Regarding claim 17, modified Saulsbury teaches the fuel cell as claimed in Claim 11 wherein the first electric current collection face has a first boss for receiving the first collection plate, such that the distribution plate and the first collection plate together form a flat face to come into contact with the first flat seal (Saulsbury et al. Fig. 4b, distribution plate 490, first collection plate 480 [0069]).
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saulsbury et al, Hado et al, Stahl et al, and Zayatz as applied to claim 11 above, and further in view of Takada (US 11101487 B2).
Regarding claim 18, modified Saulsbury teaches the fuel cell as claimed in Claim 11, but does not specifically teach that the first flat seal has at least one orifice to enable the fluid to pass between the first clamping plate and the distribution plate.
Takada, however, teaches of a fuel cell battery stack (Abstract) including a first flat seal that has at least one orifice to enable the fluid to pass between the first clamping plate and the distribution plate (Fig. 2, 48, Col. 4, lines 10-13).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to further modify the modified Saulsbury fuel cell stack to include at least one orifice in the flat seal in order to communicate with the discharge port on the base plate (Takada Col. 4, lines 10-13).
Regarding claim 19, modified Saulsbury teaches the fuel cell as claimed in Claim 11 wherein the first collection plate has a tongue projecting from the plane of the first collection plate (Zayatz Fig. 2, 58B [0021]), but it does not specifically teach that the first flat seal has a slot enabling the tongue to pass through the first flat seal.
Takada, however, teaches of the first flat seal having a slot enabling the tongue to pass through the first flat seal (Takada Fig. 2, 50, Col. 4, lines 10-13).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to further modify the modified Saulsbury fuel cell stack to include a slot in the first flat seal because it allows the bolts to pass through the seal and have the plates connected (Takada Col. 5, lines 45-53).
Regarding claim 20, modified Salisbury teaches the fuel cell as claimed in Claim 11 wherein the fuel cell has at least one tie rod configured to apply the clamping pressure to the stack (Saulsbury et al, Fig. 2, 226, [0057]), but does not specifically teach that the first flat seal having at least one through- hole for passage of the tie rod.
Takada, however, teaches that the first flat seal having at least one through- hole for passage of the tie rod (Takada Fig. 2, 50, Col. 4, lines 10-13).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the Saulsbury fuel cell stack to include at least one through-hole because it allows the bolts to pass through the seal and have the plates connected (Takada Col. 5, lines 45-53).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Selby et al. (US 20200280088 A1) teaches of a fuel cell stack that includes seals with holes in them [0058] .
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YVONNE WEI whose telephone number is (571)270-0870. The examiner can normally be reached Monday-Thursday 7:30am-5pm, Friday 7:30am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niki Bakhtiari can be reached at (571) 272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YVONNE WEI/Examiner, Art Unit 1722
/ANCA EOFF/Primary Examiner, Art Unit 1722
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