Ex Parte Goto et al

Patent Trial and Appeal Board

Jun 29, 2016

11729043 (P.T.A.B. Jun. 29, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
111729,043 03/28/2007 Shuhei Goto
959 7590 07/01/2016
NELSON MULLINS RILEY & SCARBOROUGH LLP
FLOOR 30, SUITE 3000
ONE POST OFFICE SQUARE
BOSTON, MA 02109
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
TOW-173RCE3 5357
EXAMINER
CHAN,HENGM
ART UNIT PAPER NUMBER
1725
NOTIFICATION DATE DELIVERY MODE
07/01/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
ipbos ton.docketing@nelsonmullins.com
chris.schlauch@nelsonmullins.com
ipqualityassuranceboston@nelsonmullins.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte SHUHEI GOTO, SEIJI SUGIURA, SO FUJIWARA,
DAISUKE OKONOGI, NARUTOSHI SUGITA, and
MIKIHIKO KIMURA 1
Appeal 2015-001368
Application 11/729,043
Technology Center 1700
Before ROMULO H. DELMENDO, JAMES C. HOUSEL, and
DEBRA L. DENNETT, Administrative Patent Judges.
DENNETT, Administrative Patent Judge.
DECISION ON APPEAL 2
STATEMENT OF CASE
Appellants appeal under 35 U.S.C. § 134 from a rejection of claim 10.
We have jurisdiction under 35 U.S.C. § 6(b).
1 According to Appellants, the real party in interest is Honda Motor Co., Ltd.
2 In our opinion below, we refer to the Application Drawings ("Drawings")
and Specification ("Spec.") filed March 28, 2007, the Final Office Action
mailed February 3, 2014 ("Final Act."), the Appeal Brief filed July 29, 2014
("App. Br."), the Examiner's Answer mailed September 11, 2014 (Ans.),
and the Reply Brief filed November 7, 2014 ("Reply Br.").
Appeal2015-001368
Application 11/729,043
We affirm.
The claim is directed to a fuel cell stack comprising a plurality of fuel
cells stacked together. The sole claim, claim 10, is reproduced below:
10. A fuel cell stack comprising a plurality of fuel cells, each
fuel cell comprising an electrolyte electrode assembly including
a pair of electrodes and an electrolyte interposed between the
electrodes, the electrolyte electrode assembly being sandwiched
between a pair of separators, wherein one of the pair of
separators comprises:
a first metal plate;
a first positioning member for positioning the first metal
plate; and
a first seal member formed integrally with the first metal
plate,
wherein the first seal member is formed on the first metal
plate by injection molding using the first positioning member as
an insert member,
wherein the first seal member includes a first overlapping
portion on a first side of the first metal plate facing the
electrolyte electrode assembly, and
wherein the first positioning member comprises:
a first expansion fitted to a first positioning hole of
the first metal plate; and
a first single flange which is formed only at one
end of the first expansion so as to contact an extended
surface of the first side of the first metal plate, the first
single flange of the first positioning member including an
outer circumferential edge that is embedded under the
first overlapping portion of the first seal member such
that the positioning member is held by the first metal
plate,
wherein the overlapping portion of the first seal
member is free of physical contact with another separator
or seal member, and
2
Appeal2015-001368
Application 11/729,043
wherein another of the pair of separators comprises:
a second metal plate;
a second positioning member for positioning the second
metal plate;
a second seal member formed integrally with the second
metal plate; and
a third seal member formed integrally with the second
metal plate, and
wherein the second seal member is formed on the second
metal plate by injection molding using the second positioning
member as an insert member,
wherein the second positioning member comprises a
second expansion fitted to a second positioning hole of the
second metal plate,
wherein a second metal exposed surface is provided
between the second seal member and an outer circumference of
the second positioning member, on a first side of the second
metal plate facing the electrolyte electrode assembly,
\x1herein the first positioning member and the second
positioning member are fitted to each other,
wherein the third seal member includes a second
overlapping portion on a second side of the second metal plate
facing away from the electrolyte electrode assembly, and
wherein the second positioning member comprises a
second single flange including an outer circumferential edge
that is embedded under the second overlapping portion of the
third seal member.
Andou et al
("Andou")
Goto et al.
("Goto")
REFERENCES
US 2003/0143451 Al
US 2004/0202916 Al
3
July 31, 2003
Oct. 14, 2004
Appeal2015-001368
Application 11/729,043
REJECTION
Claim 10 stands rejected under 35 U.S.C §103(a) as being
unpatentable over Goto in view of Andou.
OPINION
The fuel cell stack of the claimed invention comprises multiple fuel
cells, one of which is shown in Figure 2 of the application below. Spec. 2-
3; see also Drawings 2/10. Each fuel cell includes an electrolyte electrode
assembly (22), sandwiched between a pair of separators (26, 24) that
respectively include metal plates ( 62, 55) with respective positioning holes
(54, 52) to contain first and second positioning members (also called
insulating bushings) (74, 72). Id. The positioning members are used as
insert members in the claimed invention to align the separators (26, 24)
properly within the fuel cell stack during assembly and operation. Id.
Figure 2 of the application is reproduced below:
FIG.2
22
!c
Y't
r::::)> OXYGEN-CONTAINING GAS
•coOLANT
e$FUEL GAS
Figure 2 depicts a perspective view of the fuel cell.
4
Appeal2015-001368
Application 11/729,043
Figure 4 of the application is reproduced below:
84
82·
78
62 tA
64
"- ~~ 110
.,... 26 ~
74
Figure 4 depicts a cross sectional view of the fuel cell.
As shown in Figure 4, the first and second positioning members (7 4,
72) respectively include first and second expansions (78, 76) fitted to their
respective positioning holes (54, 52) in the metal plates. Id. at 11-12.
Additionally, the first and second positioning members (74, 72)
include first and second single flanges (77, 7 5) whose outer circumferential
portions are respectively embedded under first and second overlapping
portions (68c, 60c) of a first seal member (64) and a third seal member (56a)
to affix the metal plates of the separators to the positioning members. Id.
The issue in this appeal is whether it would have been obvious to one
of ordinary skill in the art at the time of the invention to have embedded the
outer circumferential edge of each of the first and second positioning
members (insulating bushings) under the related overlapping portions of the
related seal members. Final Act. 5, App. Br. 9. Appellants contend this
could be accomplished only by hindsight reconstruction. App. Br. 9.
5
Appeal2015-001368
Application 11/729,043
The Examiner asserts that Goto teaches most of the claim limitations,
but acknowledges that:
Goto [does] not expressly teach that the first portion of the first
seal member on the first side of the first metal plate facing the
electrolyte electrode assembly is a first overlapping portion that
covers the outer circumferential edge of the first single flange of
the first positioning member such that the first positioning
member is held by the first metal plate. Goto [] also do[ es] not
expressly teach that the second portion of the third seal member
on the second side of the second metal plate facing away from
the electrolyte electrode assembly is a second overlapping
portion that covers the outer circumferential edge of the second
single flange of the second positioning member.
Final Act. 5.
Figure 3 of Goto is reproduced below:
'c:n ...... -.J
N>N 0
~-\ ..... f ~01~ Ct)
~l'