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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/28/26 has been entered.
Response to Arguments
The following is in response to the applicant’s remarks filed 12/29/25.
The applicant has amended limitations from claims 6, 9, 10, and all of claim 11 into independent claim 1. The applicant then submits that the amendments overcome at least the previous rejection. Separately, the applicant submits that the amendments overcome the 101 rejection.
The rejection under 35USC103 has been withdrawn.
Regarding the 101 rejections, the examiner respectfully disagrees. The applicant’s citations from the instant application [0068][0069] and explanation that claim 1 is directed at the practical application of reducing measurement errors, enhancing accuracy, and determining the demagnetization state of the air compressor motor are considered unpersuasive. The above does not resolve the problem that the claimed limitations are directed at a mental step or math performed by a computer [MPEP 2106.04 (a)(2)III] which is not practically applied. The additional limitations further describe the method of performing the measurement, but do not add any practical applications of the measurement. Then, the 101 rejection is maintained.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 - 13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims 1 and 3 – 9 recite calculation steps performed by a controller wherein this calculation is considered to be a mental step or math performed by a computer [MPEP 2106.04 (a)(2)III]. Claims 10 – 13 are rejected as depending therefrom.
Regarding claim 1, this judicial exception is not integrated into a practical application because after the calculations are performed no action is taken. Then, it can be said that the claimed subject matter is an abstract idea performed on a computer (ie. controller)[MPEP2106.05(b)I]. The claims recite additional structural limitations such as a fuel cell, motor, and compressor that are present in the system; these are well known structures of a fuel cell system. However, the use of these structures to determine a state of demagnetization is considered to be data gathering which is not a practical application [MPEP 2106.05(g)].
Similarly, the amended limitations including an estimation step of a relationship between a power and rotation speed of a motor matter is an abstract idea performed on a computer (ie. controller)[MPEP2106.05(b)I] which is not a practical application [MPEP 2106.05(g)].
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements are well-understood, routine, and conventional in the field.
The additional elements including an air control valve, a flow rate sensor, and a pressure sensor are well understood, routine, and conventional as illustrated by Chikugo. US20190088962A1 below and Ilo, US20190229356A1. Ilo teaches a fuel cell system (10) comprising an air control valve (221), a pressure sensor (213), a compressor (212), and a flow sensor (215).
Similarly, claims 3 – 9 are directed at more detailed instructions for calculating current consumption, or calculating a correction coefficient. These judicial exceptions are not integrated into a practical application because after the calculations are performed no action is taken. Then, it can be said that the claimed subject matter is an abstract idea performed on a computer (ie. controller)[MPEP2106.05(b)I]. The claims recite additional structural limitations such as a fuel cell, motor, valve, and compressor that are present in the system. However, the use of these structures to determine a state of demagnetization is considered to be data gathering which is not a practical application [MPEP 2106.05(g)].
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements are well-understood, routine, and conventional in the field.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK M GREENE whose telephone number is (571)270-1340. The examiner can normally be reached M-F 8-5.
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/PATRICK MARSHALL GREENE/Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724
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