DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 17 April 2025 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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 under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 8-11 and 14-16 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Blaszczyk US20050064255A1 in view of Barrett US20060251935A1 and Jones US20070141408A1.
Regarding claim 8, Blaszczyk discloses a fuel cell anode gas ejector (Blaszczyk, [0091], Figs. 1 and 6, ejector 1 and regulator 800), the ejector comprising:
a suction gas inlet configured to receive an anode exhaust from the fuel cell (Blaszczyk, [0091], Fig. 1, suction inlet 6),
a motive gas inlet configured to receive a fuel gas (Blaszczyk, [0091], Fig. 1, motive inlet 7),
a nozzle with a tip positioned at a throat of a tube, wherein the nozzle is configured to eject the fuel gas into the tube where it mixes with the anode exhaust to form a gas mixture (Blaszczyk, [0091], Fig. 1, nozzle 3, diffuser 4), wherein the anode gas ejector comprises a piston slidably positioned within the gas ejector, wherein the piston is configured to control the flow of fuel gas through the nozzle based on a pressure of the anode exhaust directed through the suction gas inlet (Blaszczyk, [0114], Fig. 7, regulator 800, stem 810 and hollow stem 820),
and a hollow valve stem fixed to the piston that fluidly connects the motive gas inlet to the nozzle (Blaszczyk, [0119], Figs. 6 and 7, hollow stem 820, inlet 801, outlet 802, ejector 1), wherein the fuel gas flows from the motive gas inlet through the hollow valve stem and ejects out from the nozzle (Blaszczyk, [0119]), the examiner notes that the fuel gas flows from the motive gas inlet 801 through the hollow valve stem 820 to the nozzle 3, satisfying the claim limitation.
Blaszczyk also discloses wherein the hollow valve stem has a cone-shaped valve tip (Blaszczyk, Fig. 7, hollow stem 820, first end 821), the motive gas inlet has a cone-shaped valve seat (Blaszczyk, Fig. 1, unlabeled cone-shaped valve seat) and the system of Blaszczyk is designed to be more compact, address some of the space requirement concerns typical in vehicular applications and is designed to operate efficiently in the medium to high-load spectrum of operating conditions of a fuel cell stack (Blaszczyk, [0014], [0092], [0094]). Blaszczyk however does not disclose wherein the tube is a venturi tube or wherein the motive gas inlet has a cone-shaped valve seat configured to receive the cone-shaped valve tip.
In a fuel cell anode gas ejector Barrett teaches the ejector (Barrett, [0045], Fig. 1, jet pump 4) comprising: a suction gas inlet configured to receive an anode exhaust from the fuel cell (Barret, [0045], Figs. 1-2, recycle line 8), a motive gas inlet configured to receive a fuel gas (Barrett, [0045], Figs. 1-2, inlet port 3 and chamber 24), a nozzle with a tip positioned at a throat of a tube (Barrett, [0048], Fig. 2, nozzle bore 32, inlet 34, mixing tube 28), wherein the nozzle is configured to eject the fuel gas into the tube where it mixes with the anode exhaust to form a gas mixture (Barrett, [0048-0049]), a piston slidably positioned within the gas ejector (Barrett, [0049], Fig. 2, body 38), wherein when the piston is away from the cone-shaped valve seat, it opens the motive gas inlet (Barrett, [0050]), wherein the cone-shaped valve tip has a surface that forms a seal with the cone- shaped valve seat of the motive gas inlet (Barrett, [0050]), wherein the piston is configured to control the flow of fuel gas through the nozzle (Barrett, [0050]) based on a pressure of the anode exhaust directed through the suction gas inlet (Barrett, [0053-0054) and a stem fixed to the piston that fluidly connects the motive gas inlet to the nozzle (Barrett, [0049], Fig. 2, body 38, end 42), the examiner notes that the motive gas inlet and nozzle as taught by Barrett further comprises the piston and stem, satisfying the claim limitation of fluidly connecting the motive gas inlet to the nozzle as there are no further metes and bounds to distinguish the fluid connection of the claimed invention over that of Barrett.
Barrett also teaches wherein the valve stem has a cone-shaped valve tip (Barrett, Fig. 2, end 42) and the motive gas inlet has a cone-shaped valve seat configured to receive the cone-shaped valve tip (Barrett, Fig. 2, chamber 26) in order that kinetic energy of the mixed stream is then recovered as pressure downstream of the reduced cross-sectional area mixing tube (Barrett, [0053]).
Blaszczyk and Barrett are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely fuel cell anode gas ejectors.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to modify the fuel cell anode gas ejector of Blaszczyk with the teaching of Barrett wherein the hollow valve stem has a cone-shaped valve tip and the motive gas inlet has a cone-shaped valve seat configured to receive the cone-shaped valve tip, thereby the kinetic energy of the mixed stream is recovered as pressure downstream of the reduced cross-sectional area mixing tube.
In a fuel cell anode gas ejector Jones teaches wherein the ejector comprises a venturi tube (Jones, [0019], claim 12, Fig. 1, ejector 40) in order to combine the fuel flow with the anode exhaust flow (Jones, claim 2) and to maximize the efficiency of the fuel cell system (Jones, [0007]).
Blaszczyk and Jones are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely fuel cell anode gas ejectors.
Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tube of modified Blaszczyk with the teaching of Jones wherein the tube is a venturi tube, satisfying the claim limitation, a nozzle with a tip positioned at a throat of a venturi tube, wherein the nozzle is configured to eject the fuel gas into the venturi tube where it mixes with the anode exhaust to form a gas mixture, thereby combining the fuel flow with the anode exhaust flow and maximizing the efficiency of the fuel cell system.
Regarding claim 9, modified Blaszczyk additionally teaches comprising a spring (Blaszczyk, [0124], Fig. 7, spring mechanism 818 and 828), wherein the spring exerts a first force on the piston that opposes a second force created by the pressure of the anode exhaust on the piston (Blaszczyk, [0114], [0124-0125]), the examiner notes that the piston is fluidly connected to the anode exhaust on the opposite side of the spring as taught by modified Blaszczyk, satisfying the claim limitation, which is merely a restatement of Newton’s third law.
Regarding claims 10-11, modified Blaszczyk further teaches wherein the piston motion is determined by pressures on one side of the other (Blaszczyk, [0124-0125]), which satisfied the claim limitation and which the examiner notes is merely a restatement of Newton’s third law. The examiner notes the claims are optional as they include the optional limitations of “when”.
Regarding claim 14, modified Blaszczyk also teaches wherein when the spring pushes the piston away from the cone-shaped valve seat, opens the motive gas inlet (Barrett, [0050]). The examiner notes the claims are optional as they include the optional limitations of “when”.
Regarding claim 15, modified Blaszczyk additionally teaches wherein the fuel gas flows through the hollow valve stem and ejects out from the nozzle (Blaszczyk, [0119]).
Regarding claim 16, modified Blaszczyk further teaches wherein the cone-shaped valve tip has a surface that forms a seal with the cone- shaped valve seat of the motive gas inlet (Barrett, [0050]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Senner US20090155641A1 (discloses an anode gas ejector comprising hollow nozzles, venturi tubes and similar structure to that of the claimed invention).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARED HANSEN whose telephone number is (571)272-4590. The examiner can normally be reached M-F.
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/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723