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 .
Claim Objections
Claims 6 and 7 are objected to because of the following informalities:
In claim 6, 3rd line, add “the” before “cathode outlet” for clarity.
In claim 7, 2nd line, add “the” before “anode outlet” for clarity.
In claim 7, 3rd line, add “the” before “cathode outlet” for clarity.
Appropriate correction is required.
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.
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.
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 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa et al. (US 2009/0136791), and further in view of Miyamoto et al. (US 2019/0260047), cited in the PTO-892 of the Office Action mailed May 21, 2025.
Regarding independent claim 1, Ogawa et al. disclose a fuel cell stack system (abstract; paragraphs [0034]-[0044]; and Figure 1), in which the fuel cell stack system (1) comprises a fuel cell stack (10) that includes the following structural features:
an anode (13) with an anode inlet and an anode outlet;
a cathode (14) with a cathode inlet and a cathode outlet; and
a proportional control valve (251) that is operable to control flow of fuel (hydrogen from hydrogen tank (22) through hydrogen supply channel (25)) into the anode (13) based on a pressure differential measured across the anode inlet and the anode outlet (see paragraph [0043]).
Ogawa et al. fail to teach a controller in combination with a control valve.
However, Miyamoto et al. disclose a fuel cell system and its method of control (abstract; paragraphs [0025]-[0036], [0041], [0042], and [0063]-[0065]; and Figures 1 and 9), in which the fuel cell system (10) includes a control unit (300) that is able to control operating points throughout the fuel cell system (10), including controlling at least a pressure adjusting valve (221) adjacent a fuel cell (100) based on data from a pressure sensor (214) – see paragraphs [0031]-[0036], [0064], and [0065].
Therefore, it would have been obvious to one of ordinary skill in the art to include a controller to connect with at least one control valve based on pressure sensor data, as taught by Miyamoto et al., into the fuel cell stack system disclosed by Ogawa et al., in order to control and maintain operating parameters throughout the fuel cell system (Miyamoto et al.; paragraphs [0031]-[0036], [0064], and [0065]).
Regarding claims 2 and 3, and since the claims are drawn to an apparatus (fuel cell stack system (1) of Ogawa et al. having a signal pressure pipe (31) – not a pressure within the apparatus), the claimed pressure differential in the combined teachings of Ogawa et al. and Miyamoto et al. can be measured at any point or desired location along the anode inlet, the anode outlet, the cathode inlet, and the cathode outlet, since Ogawa et al. have a plurality of valves and a controller (40), as shown in Figure 1 (see paragraphs [0038]-[0044] of Ogawa et al.).
Regarding claims 4 and 5, it would be conventional that the proportional control valve (251) of Ogawa et al. is operable in combination with an ejector having a nozzle, as well as a corresponding operation of a combination of the control unit (300) and the pressure adjusting valve (221) of Miyamoto et al. In this instance, the ejector is interpreted as an open source to send fuel to the fuel cell, in which the proportional control valve (251) of Ogawa et al. comprises a controller (40) that can be programmed to make corrections and to clear a choke within a nozzle of the ejector (see Figure 1 of Ogawa et al.; and Figure 1 of Miyamoto et al.).
Regarding claims 6 and 9, the apparatus disclosed and/or suggested by the combined teachings of Ogawa et al. and Miyamoto et al. can be set to make measurements at any point or desired location along the anode inlet, the anode outlet, the cathode inlet, and the cathode outlet, and also can be selectively set to obtain a combined standard error of less than about 25% of a target bias pressure, wherein the target bias pressure is based on operating conditions of the fuel cell stack (10). In addition, the controller (40) of the proportional control valve (251) of Ogawa et al. is operable to target the bias pressure based on calibration of measurements (Ogawa et al.; paragraphs [0038]-[0043]; and Figure 1; and paragraphs [0031]-[0036], [0064], and [0065]; and Figure 1 of Miyamoto et al.).
Regarding claims 7 and 8, although the combined teachings of Ogawa et al. and Miyamoto et al. disclose and/or suggest the features of claims 1 and 2, including Ogawa et al. teaching calibration via the controller (40) of the proportional control valve (251), both Ogawa et al. and Miyamoto et al. fail to teach pressure sensors at an inlet and an outlet of the anode, as well as at an inlet and an outlet of the cathode. However, since Ogawa et al. disclose a gas pressure adjusting unit (43) of the controller (40), it would have been obvious to one of ordinary skill in the art that there would be one or more additional pressure sensors, in order to more accurately determine differentials of pressures throughout the fuel cell stack system (see paragraphs [0038]-[0043]) of Ogawa et al.). Therefore, it would have been obvious to one of ordinary skill in the art to include additional sensors at inlets and outlets of both the anode and the cathode, in order to obtain more accurate readings with calibrating adjustments for more efficient operation of the fuel cell stack system (Ogawa et al.; paragraphs [0038]-[0043]).
Regarding claims 10-13, the controller (40) of Ogawa et al. can be set to measure an outer control loop and an inner control loop with an open loop based on pressure downstream of the proportional control valve (251) to balance the fuel cell stack system (1) with respect to a target flow rate (see Figure 1 of Ogawa et al.). Regarding process steps that are to be carried out in the fuel cell system in the combined teachings of Ogawa et al. and Miyamoto et al., it is noted that these claims are rejected based on structural features of the apparatus, wherein the steps of performing operation of the apparatus have no patentable weight. In this instance, the fuel cell stack system is capable of performing the claimed function per MPEP 2114.
Response to Arguments
The examiner acknowledges the applicants’ amendment provided with the request for continued examination received by the USPTO on December 4, 2025. New objections to claims 6 and 7 are raised in above section 1. Although the applicants’ amendments to independent claim 1 overcome the prior 35 USC 102(a)(1) rejection set forth in the final rejection mailed September 16, 2025, a new 35 USC 103 rejection is provided for all claims of record in view of the new reference to Miyamoto et al. (US 2019/0260047). Claims 14-20 remain withdrawn from consideration as drawn to a non-elected invention. Claims 1-13 remain under consideration in the application.
Applicants’ arguments with respect to claims 1-13 have been considered but are moot because the new ground of rejection includes a new secondary reference to Miyamoto et al. (US 2019/0260047), as also provided in the newly underlined portions of the above 35 USC 103 rejection, and thus does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN P KERNS whose telephone number is (571)272-1178. The examiner can normally be reached Monday-Friday 8am-430pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at (571)272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN P KERNS/Primary Examiner, Art Unit 1735 January 7, 2026