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 .
Drawings
The drawings were received on 07/05/2026. These drawings are acceptable.
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 1-4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US 2013/0002023), hereinafter Liu, in view of Jomori et al. (US 2014/0335433), hereinafter Jomori.
As to claim 1, Liu discloses in figure in figure 1, a battery pack cell state of charge balancing system [see figure 1]- comprising a plurality of serially connected battery pack cells [battery packs ; Lithium ion battery unit (14); see ¶0023], each respective battery pack cell comprising one or more battery cells [battery cells are shown ; see figures 1 and 2; ¶0023] connected in parallel, the plurality of serially connected battery pack cells constituting a battery pack [battery pack; see figure 1], and for each respective battery pack cell a set of serially connected fuel cells [cell unit (12); see ¶0025] at battery pack cell voltage level, the sets of serially connected fuel cells further being serially connected in correspondence to the plurality of serially connected battery pack cells [see figures 1 and 2], wherein each respective set of serially connected fuel cells is selectively connectable in parallel to a respective corresponding battery pack cell [see figures 1 and 2] by closing a respective first switch [see ¶0020] which interconnects the serially connected battery pack cells and the serially connected sets of serially connected fuel cells [noted that Liu discloses switching elements for for charging or boosting battery pack cell power output; and DC-DC converter [see figure 1, element 102; see also ¶0036-037].
Liu does not disclose explicitly, each set of serially connected fuel cells includes a respective DC-DC converter arranged to regulate the operating point of the set of serially connected fuel cells to its maximum power point or uniquely selected other operating point to maintain the respective battery pack cell at a defined state of charge for all battery pack cells constituting the battery pack.
Joromi discloses , discloses in figure 1, each set of serially connected fuel cells includes a respective DC-DC converter [converter (82)] [noted that the fuel cell is connected to the battery and also has DC/DC converter; see ¶0060] arranged to regulate the operating point of the set of serially connected fuel cells to its maximum power point or uniquely selected other operating point to maintain the respective battery pack cell at a defined state of charge for all battery pack cells constituting the battery pack [the DC/Dc converter (82) is used to control the electric current and the voltage of the fuel cells and the charging and discharging of the secondary battery ; see ¶0060].
It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention to modify the DC/DC converter of Liu and controlling the charging and discharging of the battery as taught by Joromi in order to prolong battery life.
As to claim 2, Liu discloses in figure in figure 1, wherein each respective set of serially connected fuel cells (FCx) [fuel cells 12] further comprises a power controller (controller 16)] arranged to regulate hydrogen and airflow to the fuel cells thereof in relation to optimal power generation and thermal conditions. wherein the fuel cells in the sets of serially connected fuel cells (FC1 FCn) are open-end Single Proton Exchange Membrane Fuel Cells [¶0020-¶0022].
As to claim 3, Liu discloses in figures 1-3, wherein the fuel cells in the sets of serially connected fuel cells are open-end Single Proton Exchange Membrane Fuel Cells [see ¶0020 and Claim 7].
As to claim 4, Liu discloses in figures 1-3, wherein it further comprises a switch controller arranged to control the respective first switches (SW1 SWn) to selectively and independently close to connect or open to disconnect each respective set of serially connected fuel cells (FCx) in parallel to its respective corresponding battery pack cell (BATx) [see ¶0020-0021; the management circuit controls the switching element to turn on and off ].
As to claim 6, Liu discloses in figures 1-3, wherein the switch controller is arranged to selectively control all of the respective first switches (SW1 SWn) to disconnect all sets of serially connected fuel cells (FC1 FCn) from their corresponding battery pack cells , such that the respective sets of serially connected fuel cells (FCx) solely are connected in in series with the other sets of serially connected fuel cells (FC1 FCn), enabling direct fuel cell power output or direct battery pack (2) power output [see ¶0020-0021; the management circuit controls the switching element to turn on and off ].
Claims 7 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Liu Liu in view of Joromi, and in view of Fuglevand et al. (US 6,096,449), hereinafter Fuglevand.
As to claim 7, Liu and Joromi disclose all of the claim limitations except, wherein it further comprises a selectively operable bypass diode battery pack output enabling selective connection of the plurality of serially connected battery pack cells) of the battery pack (2) in parallel with the sets of serially connected fuel cells for a combined fuel cell and battery pack power output.
Fuglevand discloses in figure 3, wherein it further comprises a selectively operable bypass diode [diode element (127)] battery pack output enabling selective connection of the plurality of serially connected battery pack cells of the battery pack (2) in parallel with the sets of serially connected fuel cells, for a combined fuel cell and battery pack power output [noted that the diode circuit (127) connected in parallel with battery (52) and FC (105); see also Col. 10, lines 45-55].
It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention was made to use diode element as bypass circuit in Liu’s apparatus as taught by Fuglevand in order to bypass the battery or fuel cells to avoid any in-rush current.
.As to claim 11, Fuglevand discloses in figure 3, wherein each fuel cell in the respective sets of serially connected fuel cells (FCx) further is equipped with a bypass functionality [diode (127)] arranged to provide a current bypass of that respective fuel cell if it is unable to work at the operating point of the other fuel cells in that set (FCx). [see Col. 10, lines 45-55].
It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention was made to use diode element as bypass circuit in Liu’s apparatus as taught by Fuglevand in order to bypass the battery or fuel cells to avoid any in-rush current.
As to claim 12, Fuglecand discloses in figure 3, wherein the bypass functionality is arranged to provide for bypass of the fuel cell at a configurable threshold and cancel bypass following another configurable threshold having been reached during a certain configurable time period [see Col. 10, lines 45-55].
Allowable Subject Matter
Claims 8-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
For Claim 8 :Primarily, the prior art of record does not disclose or suggest in the claimed combination: wherein the respective DC- DC converters comprises a fuel cell power charge controller functionality arranged to regulate the operating point of its respective set of serially connected fuel cells (FCx) to its maximum power point and, for a constant current charge phase of the battery pack cell (BATx), follow the battery pack cell (BATx) voltage and supply maximum current to the battery pack cell (BATx) based on the battery pack cell (BATx) state of charge or load.
For Claim 9:Primarily, the prior art of record does not disclose or suggest in the claimed combination: wherein the respective DC- DC converters comprises a fuel cell series enhancer functionality arranged control the output power of its respective set of serially connected fuel cells (FCx) using a pulse width modulation loop.
For Claim 10: Primarily, the prior art of record does not disclose or suggest in the claimed combination: wherein the pulse width modulation loop is arranged to vary the operating point voltage with a predetermined step width to search for the maximum power point or uniquely selected other operating point, and control the output power of its respective set of serially connected fuel cells (FCx) to maintain the maximum power point or uniquely selected other operating point.
Response to Arguments
Applicant's arguments filed 07/05/2026 have been fully considered but they are not persuasive.
Applicant argues that the cited references fail to disclose “ –a respective first switch which interconnects the serially connected battery pack cells and the serially connected sets of serially connected fuel cells---”
Examiner disagrees with the above assertion ; the fuel cell unit (12) comprises plurality of fuel cells connected in series and the battery unit (14) comprises battery cells connected in parallel. The switching element is used to connect fuel cell unit (12) in parallel with the battery unit (14) [see ¶0020].
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 SAMUEL BERHANU whose telephone number is (571)272-8430. The examiner can normally be reached M_F.
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/SAMUEL BERHANU/Primary Examiner, Art Unit 2859
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