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 are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “DC-DC converter” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 5 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. . Claim 5 is dependent upon claim 4 and the limitation of claim 5 is not further limiting d the claim limitations recited in claim 4. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1-6 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] 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 5, Liu discloses in figures 1-3, wherein the switch controller is arranged to control the respective first switches (SW1 SWn) to selectively and independently connect each respective set of serially connected fuel cells (FCx) in parallel to its respective corresponding battery pack cell (BATx), for charging or boosting that 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.
Conclusion
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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