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.
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.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Shimomura (US20180366760).
Claim 1: Shimomura teaches a load detection apparatus of a fuel cell stack for manufacturing the fuel cell stack, the load detection apparatus comprising: a press (pressing unit 72, Fig. 3) that presses the fuel cell stack in a stacking direction ([0031-0033] the fuel cell stack 10 is pressed in the direction of arrow A, which corresponds to the stacking direction); a first load detector (electrode load detection unit 76) that is provided above the fuel cell stack (see Fig. 3), and when the press presses the fuel cell stack, detects a load of the fuel cell stack ([0053]).
Shimomura fails to teach a second load detector that is provided below the fuel cell stack, and when the press presses the fuel cell stack, detects a load of the fuel cell stack.
However, duplicating the load cell of Shimomura produces no new or unexpected result. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a second load detector below the fuel cell stack for the obvious benefit of detecting the load on the fuel cell stack.
Claim 2: Shimomura teaches the load detection apparatus of a fuel cell stack according to claim 1. Shimomura teaches wherein the first load detector and the second load detector each include two or more load cells (multiple load cells 98).
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Shimomura in view of Ebato et al. (US20220311031).
Claim 3: Shimomura teaches wherein each of the first load detector and the second load detector includes a movable plate (movable plate 96) having one surface which is in contact with at least a corresponding one of the two or more load cells and one other surface which is in contact with the fuel cell stack (Fig. 3 shows a top surface of the movable plate 96 in contact with the load cells 98 and a bottom surface in contact with the cell 12 of the stack).
Shimomura fails to teach wherein the movable plate is divided into two or more parts in a plan view, in a case in which the two or more parts are set as partial plates.
However, Ebato teaches a pressurizing block 34a, Fig. 2, including a movable portion which is formed as two partial plates (electrode pressurizing block 40 and seal pressurizing blocks 42) which are in contact with a plurality of load cells 44, 46.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a movable plate that is divided into two plates, as taught by Ebato, with the device of Shimomura in order to detect respective loads applied to different components, i.e. the seal (frame) and the electrode members (Ebato, [0044], Fig. 5).
Shimomura in view of Ebato fails to explicitly teach that the a corresponding one of the partial plates included in the first load detector and a corresponding one of the partial plates included in the second load detector are placed at a same or substantially same position in a plan view, and the corresponding one of the two or more load cells included in the first load detector and the corresponding one of the two or more load cells included in the second load detector are attached at a same or substantially same position in a plan view.
However, Shimomura teaches that the stack 14, pressing unit 72, etc. are symmetrical (see Figs. 1, 3) such that changing the position of the load detector would produce no new or unexpected results. The corresponding shapes of the fixed member 94, movable plate 96, and electrode stack body 14 would result in the same position in plan view of the plate 96 and stack 14 whether the plate 96 is above or below the stack. Likewise, Ebato teaches a symmetrical electrode stack 28, seal members 30, load input unit 34, main body 38 and load cells 44, 46 (Fig. 1, 2) such that changing the position of the load detector would produce no new or unexpected results. The corresponding shapes of the stack 28, seal 30 and electrode pressurizing block 40 and a seal pressurizing block 42 would result in the same position of the blocks 40, 42 and load cells 44, 46 in plan view whether the load input unit 34 is above or below the stack 28.
Claim 4: Shimomura in view of Ebato teaches the load detection apparatus of a fuel cell stack according to claim 3. Shimomura fails to teach wherein the partial plates each include a first partial plate located in a middle of the movable plate in a plan view and a second partial plate that covers an outer periphery of the first partial plate in a plan view.
However, Ebato teaches wherein the partial plates each include a first partial plate located in a middle of the movable plate in a plan view and a second partial plate that covers an outer periphery of the first partial plate in a plan view ([0032] The seal pressurizing block 42 has a frame plate-like shape, which is shaped in a manner so as to surround an outer peripheral portion of the electrode pressurizing block 40.).
Claim 5: Shimomura in view of Ebato teaches the load detection apparatus of a fuel cell stack according to claim 4. Shimomura teaches wherein the fuel cell stack includes a power generation cell (power generation cell 12), the power generation cell includes an electrolyte membrane/electrode assembly (MEA 30) and a resin frame member (resin frame member 28), but fails to teach wherein the first partial plate is located at a portion in which the electrolyte membrane/electrode assembly is stacked in a plan view, and the second partial plate is located at a portion in which the resin frame member is stacked in a plan view.
However, Ebato teaches wherein the first partial plate (electrode pressurizing block 40) is located at a portion in which the electrolyte membrane/electrode assembly is stacked in a plan view (See Fig. 1, 3), and the second partial plate (seal pressurizing block 42) is located at a portion in which the frame member is stacked in a plan view (the seal members 30 are formed in a frame-like shape around the electrode member 28, [0032] The seal pressurizing block 42 abuts against the uppermost seal member 30 of the unit cells 22, and applies a load to the seal members 30.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the device of Ebato with the device of Shimomura in order to detect respective loads applied to different components of the fuel cell stack (Ebato, [0044], Fig. 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN MORELLO whose telephone number is (313)446-6583. The examiner can normally be reached M-F 9-4.
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/JEAN F MORELLO/Examiner, Art Unit 2855 9/30/26
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855
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