DETAILED ACTION
Claim Rejections - 35 USC § 112
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 22, 24-28, 31-36, 38-40 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.
Regarding claim 22, it is not clear if “a fuel cell” on line 3 is the same as “a fuel cell” on line 1. For the purposes of this office action, they are assumed to be the same.
Regarding claim 34, it unclear if “the signal” on line 10 is referring to the first or second signal. For the purposes of this office action, it is assumed to be the first.
Regarding claim 39, it is not clear if “a power generating element” on line 3 is the same as “a power generating element” on line 1. For the purposes of this office action, they are assumed to be the same.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 22, 24-28, 39-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (US 2011/313606).
Regarding claims 22, 39 and 40, Yoshida discloses a fluid release system for a fuel cell (abstract), the fluid release system comprising:
a conduit for communicating water from the fuel cell to one or more outlets (abstract, Fig. 1, line between fuel cell and gas-liquid separator, then lines from separator to releasing water accumulated in recovery tank from water outlets 58e through 58f as shown by Fig. 1);
a water discharge arrangement arranged to controllably open the one or more outlets to selectively release water from the one or more outlets (¶105, control unit 71, controls release of water and actuation of release valves; see also ¶141, valves regulated by control unit to release water through outlets 58a through 58f);
a controller (¶105, electronic control unit 71) for detecting at least one of atmospheric conditions at the one or more outlets and local geographic information of the fuel release system (¶105, detecting conditions such as wind speed, rain conditions, outside air temperature, each of which are “atmospheric conditions” as claimed), wherein the controller is arranged to provide a signal based on the at least one of the atmospheric conditions and the local geographic information to the water discharge arrangement (¶105); and
a water conditioner arranged to cause a modification to a characteristic of the water, in response to the at least one of the atmospheric conditions and the local geographic information (ram pressure control to modify droplet scattering upon water release based on external conditions, including vehicle velocity (¶190-192)), wherein the characteristic of the water is selected from one of pressure, temperature, density, viscosity, atomization size, buoyancy, droplet/crystal geometry, crystallization propensity, or vapor phase content (water release pressure, ¶190-192),
wherein the water discharge arrangement is arranged to: (i) release the water from the one or more outlets or (ii) not release the water from the one or more outlets in response to the at least one of the atmospheric conditions and the local geographic information (¶138-141).
Regarding claim 24, Yoshida further discloses the fluid release system of claim 23, further comprising: a sensor (¶105, sensors such as vehicle speed sensor, wind speed sensor, rain sensor, air temperature probe, etc.) for sensing the at least one of the atmospheric conditions and the local geographic information, the sensor arranged to send signals based on at least one of atmospheric conditions and geographic information to the controller (¶105).
Regarding claim 25, Yoshida further discloses the fluid release system of claim 23, wherein the controller is arranged to receive signals based on the at least one of atmospheric conditions and the local geographic information from detection systems external to the fluid release system (¶105, some of the sensors of the system may be considered external to the fluid release system of valves and water separator and recovery tank, such as high frequency radar 92 at the rear of the vehicle such as sensor for distance to other vehicles).
Regarding claim 26, Yoshida further discloses the fluid release system of claim 23, wherein the signal based on the atmospheric conditions is related to wind speed, raid condition, external air temperature, meeting the claim language “at least one of: pressure; temperature; wind speed; relative air velocity of the fluid release system and the atmosphere; humidity; vapor phase content; or local weather systems.”
Regarding claim 27, Yoshida further discloses the fluid release system of claim 23, wherein the signal based on the geographic information is related to at least one of: local geographic location; local geographic formations (such as the nearest vehicle or other object detected by radar 92 and ¶139).
Regarding claim 28, Yoshida further discloses the fluid release system of claim 23, wherein the fluid release system is arranged to selectively release water from the one or more outlets according to the at least one of the atmospheric conditions and the local geographic information (¶105,139); wherein, in a first set of the atmospheric conditions or local geographic information, water is released, and wherein, in a second set of the atmospheric conditions or the local geographic information, water is not released (¶105-108; release prohibition conditions such as a predetermined vehicle speed and ¶139).
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.
Claims 31-36, 38 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (US 2011/313606) in view of Swann (US 2018/178920).
Regarding claim 31, YOSHIDA is relied upon as above.
YOSHIDA is silent with respect to the fluid release system wherein the water discharge arrangement is arranged to control a dispersion angle of the one or more outlets.
SWANN discloses the fluid release system wherein the water discharge arrangement is arranged to control a dispersion angle of the one or more outlets (¶68, nozzle position adapter 160B, Fig. 2). SWANN further discloses that the nozzle position actuator (analogous to the claimed (dispersion angle control), controls the exhaust flow including water therein (¶68) in order to facilitate contrail characteristics upon exhaust (abstract, ¶68).
Before the effective filing date of the claimed invention, it would have been obvious to have modified YOSHIDA in view of SWANN such that the fluid release system comprises a water discharge arrangement to control a dispersion angle of the one or more outlets as claimed. The motivation for doing so would be to control contrail exhaust as taught by SWANN when the fluid release system such as that of YOSHIDA is incorporated into an aircraft.
Regarding claim 32, YOSHIDA is relied upon as above with respect to the fluid release system of claim 22.
YOSHIDA is silent with respect to wherein the fluid release system is arranged within an aircraft, as required by claim 32.
SWANN discloses an aircraft comprising a fluid release system (abstract, ¶58), where the fluid release system is arranged within the aircraft to control the release of water and the formation of contrails (¶58).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have utilized the fluid release system of YOSHIDA in an aircraft, such as an aircraft comprising a fuel cell. The motivation for doing so would have been to control the water released from the system to further control contrail formation by the aircraft as taught by SWANN.
Regarding claim 33, YOSHIDA discloses the fluid release system of claim 22.
YOSHIDA is silent with respect to the system “further comprising at least one heater arranged in use to provide thermal energy to at least a part of the conduit” as required by claim 33.
SWANN discloses a fluid release system further comprising at least one heater arranged in use to provide thermal energy to at least a part of the conduit, including adding heat to the water vapour exhaust to control contrail formation characteristics (¶58-59).
Before the effective filing date of the claimed invention, it would have been further obvious to have further modified the release system to comprise at least one heater arranged in use to provide thermal energy to at least a part of the conduit for releasing water in order to control temperature of released water vapor when in use in an aircraft to control contrail formation characteristics as taught by SWANN.
Regarding claim 34, SWANN discloses a fluid release control system for controlling release of a fluid from an aircraft (abstract, ¶58-59), the fluid release system comprising:
a controller for detecting at least one of atmospheric conditions at one or more outlets and local geographic information (¶101, ambient condition sensors 128 coupled to controller); and
a transmitter arranged to transmit a first signal based on the at least one the atmospheric conditions and the local geographic information, the transmitter in use transmitting the first signal to a receiver on an aircraft (¶10-11 controller, ¶101, ambient pressure, temperature, humidity sensors on aircraft, and receiving via radio link ambient conditions from an external source; ¶33 controller receives sensor readings),
wherein in response to receiving the signal based on the at least one of the atmospheric conditions and the local geographic information, water is released from the aircraft (¶101, ¶58-59 water vapour released in coordination with sensed conditions), but does not disclose a water conditioner.
Yoshida discloses a fluid release system for a fuel cell in a car (abstract, Fig. 1), which releases water from valves (58a-f) and a ram pressure control to modify droplet scattering upon water release based on external conditions, including vehicle velocity (¶190-192) in order to restrain the water in high speeds (¶190).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have incorporated the fluid release system of YOSHIDA with the aircraft of SWANN in order to restrain the water in high speeds as taught by YOSHIDA.
Regarding claim 35, YOSHIDA and SWANN are relied upon as above. SWANN further discloses the fluid release control system is arranged within a ground control device (¶101, weather forecast and other data sent to a radio link on the aircraft during flight).
Regarding claim 36, YOSHIDA and SWANN are relied upon as above. SWANN further discloses the fluid release control system is arranged within a non-ground based device (sensors and controls may be in the aircraft, on the wing ¶30, ¶98-¶101, for real time environmental sensing information).
Regarding claim 38, YOSHIDA and SWANN are relied upon as above. SWANN further discloses wherein the transmitter is arranged to transmit a signal to a water discharge arrangement to control a dispersion angle (¶68, nozzle position adapter 160B) of one or more outlets through which water is released from the aircraft.
Response to Arguments
Applicant's arguments filed 6/17/2025 have been fully considered but they are not persuasive.
First, applicant argues that claim 29 was not rejected, but examiner points out that the mapping and typo of claim 29 was between claims 28 and 30 on pages 5 and 6 of the non-final. The mapping is clearly to the language of claim 29.
Applicant argues that Yoshida does not disclose a fluid conditioner and examiner respectfully disagrees. Paragraphs 190-192 discloses changing the pressure of the tank during high speeds, which modifies the pressure of the water in response to relative velocity, as required by the claims.
Applicant further states Yoshida is not relevant to water output from a fuel cell, and examiner respectfully disagrees. The water is generated by the fuel cell, see Fig. 2.
Applicant further argues that Swann does not disclose a water conditioner, and examiner agrees, but notes that Yoshida is used for this limitation.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLISON BOURKE whose telephone number is (303)297-4684. The examiner can normally be reached M-F, 9-5, MT.
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/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721