Prosecution Insights
Last updated: August 17, 2026
Application No. 17/969,467

MULTI-MODULE FUEL CELL POWER GENERATING SYSTEM AND METHOD THEREOF

Non-Final OA §103
Filed
Oct 19, 2022
Priority
Jun 08, 2022 — RE 10-2022-0069695
Examiner
GREENE, PATRICK MARSHALL
Art Unit
1724
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Kia Corporation
OA Round
3 (Non-Final)
69%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
110 granted / 160 resolved
+3.8% vs TC avg
Strong +27% interview lift
Without
With
+27.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
22 currently pending
Career history
206
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
65.1%
+25.1% vs TC avg
§102
26.2%
-13.8% vs TC avg
§112
6.9%
-33.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 160 resolved cases

Office Action

§103
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 . Response to Arguments The following is in response to the applicant’s remarks filed 1/23/26. The applicant argues that Itto does not teach power being supplied between the first and second fuel cell stacks, and that the proposed combination including the configuration of Muto would be outside the skill of an ordinary artisan given the required reconfiguration. The examiner respectfully disagrees. The claim does not require power to be supplied from one fuel cell to another, but instead states that the first fuel cell supplies the power necessary for the second fuel cell to perform start-up and shutdown. Ito teaches using the first fuel cell to power the compressor which is required for startup operations of the second fuel cell [0050], and teaches that the fuel cells have a staggered start [0084]. While not explicit, this implies that the power from the fuel cell which is first started provides power to the system components which then are used to start the second fuel cell. Kim is relied upon for a more explicit teaching of the power required for a start-up sequence [0036]. Then, it follows that one of ordinary skill in the art would reasonably understand that the power of the fuel cell which is explicitly taught to power components necessary for the startup of a fuel cell, as in Ito, would do so in view of Kim. Regarding the arguments about the level of skill of an ordinary artisan, the examiner respectfully disagrees. Arranging fuel cell system components is considered to be within the skill of an ordinary artisan. Regarding the amendments, the cited art does not teach supplying the power required from one fuel cell to another during startup or shutdown in the event of a break down. Then the previous rejection is overcome. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 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. Claims 1 - 12 are rejected under 35 U.S.C. 103 as being unpatentable over Ito, US20200185739A1, Kim, US20190288307A1, Muto, US20040241512A1, and Ito II, US20200185736A1. Regarding claim 1, Ito teaches a multi-module fuel cell power generating system [0002], comprising: a first fuel cell module including a first plurality of fuel cells (10a)[fig. 1]; and a second fuel cell module including a second plurality of fuel cells (10b)[fig. 1], wherein the first fuel cell module is configured to supply electric power to the second fuel cell module, and wherein the second fuel cell module is configured use the electric power supplied from the first fuel cell module (first and second fuel cell have a staggered start sequence wherein one is set to generate power before the other)[0084](first and second fuel cell configured to supply power to compressors when they are in a state of power generation)[0050]. Ito does not teach the first cell to supply the required power for startup and/or cold shutdown (CSD) of the second fuel cell module, and wherein the second fuel cell module is configured to perform the startup and/or the cold shutdown by using the electric power supplied from the first fuel cell module. Kim teaches a fuel cell system wherein a fuel cell is used to supply power required for a startup process (fuel cell powers compressor by charging a low-voltage battery to generate enough power to begin normal start sequence)[0005][0006][0036]. Further, Kim teaches this configuration to allows a fuel cell start process to proceed in the event of a low charge condition in the battery of the fuel cell system [0006]. Then, it would have been obvious to one of ordinary skill in the art to combine the teachings of Kim for using a fuel cell to provide power to initiate a start sequence into the fuel cell system of Ito to prevent a startup failure from occurring in the event of insufficient battery power. Neither Kim nor Ito teaches wherein the first and second fuel cell modules are independently operable and interconnected such that the first fuel cell module assists the startup and/or the cold shutdown of the second fuel cell module by supplying electric power to the second fuel cell module without using an external battery, and wherein the one of the plurality of first fuel cell modules is configured to selectively supply the electric power required for the startup and/or the cold shutdown in the event of a breakdown of a remaining one of the plurality of first fuel cell modules. Muto teaches a fuel cell system comprises a fuel cell [0002] wherein the fuel cell is configured to start-up without the use of an external power supply such as a battery [0009][0011]. Further, Muto teaches that the fuel cell system startup procedure that relies on a battery degrades portability of the fuel cell system [0062]. Then, it would have been obvious to combine the fuel cell startup procedure which starts up without a battery in Muto into the fuel cell system of combined Ito to improve the portability of the system. Ito II teaches a fuel cell system [0005][0006] comprising a first and second fuel cell module (stack)[0006] wherein the one of the plurality of first fuel cell modules is configured to selectively supply the electric power required for the startup and/or the cold shutdown in the event of a breakdown of a remaining one of the plurality of first fuel cell modules (fuel cell modules are configured to alternate power generation between fuel cells to meet system power requirements to prevent damage from occurring to the fuel cells)[0057][0065]. Then, it would have been obvious to one of ordinary skill in the art to combine the teaching of Ito II wherein system power generation required for startup/shutdown is alternated from one fuel cell to another when a different fuel cell needs to be shut down into the system of Ito to prevent damage from occurring to the fuel cells. Regarding claim 2, Combined Ito teaches the multi-module fuel cell power generating system of claim 1. Further, Ito teaches wherein the first fuel cell module and the second fuel cell module are electrically connected in parallel [fig. 1] to each other and are configured to supply electric power to a grid (powering fuel cell vehicle)[0039][fig. 1] Regarding claim 3, Combined Ito teaches the multi-module fuel cell power generating system of claim 1. Further, Kim teaches wherein the first fuel cell module is electrically connected to a low-voltage battery [0036]. Regarding claim 4, Combined Ito teaches the multi-module fuel cell power generating system of claim 3. Further, Ito teaches wherein the first fuel cell module is electrically connected to the low-voltage battery through a bi-directional low voltage DC-DC converter (BLDC) [0040][0041][fig. 1]. Regarding claim 5, Combined Ito teaches the multi-module fuel cell power generating system of claim 3. Further, Kim teaches wherein the first fuel cell module is further configured to perform startup and/or cold shutdown of the first fuel cell module by using electric power generated by the low-voltage battery (low-voltage battery powers compressor during normal startup operation)[0004][0035]. Regarding claim 6, Combined Ito teaches the multi-module fuel cell power generating system of claim 3, Further, Kim teaches wherein the first fuel cell module is further configured to perform startup and/or cold shutdown of the first fuel cell module through driving of an air compressor connected to the first fuel cell module [0036], and wherein the air compressor connected to the first fuel cell module is driven by electric power from the low-voltage battery [0004][0035]. Regarding claim 7, Combined Ito teaches the multi-module fuel cell power generating system of claim 1. Further, Kim teaches wherein the second fuel cell module is further configured to perform the startup and/or cold shutdown of the second fuel cell module through driving of an air compressor connected to the second fuel cell module [0039], and wherein the first fuel cell module supplies electric power that is necessary for driving of the air compressor connected to the second fuel cell module [0004][0035]. Kim does not teach a second fuel cell module. However, Ito teaches a fuel cell system comprising a first and second fuel cell module, and it would have been obvious to one of ordinary skill in the art to apply the same control method of Ito to the second fuel cell module of Kim as a matter of applying a known technique to a known device yielding predictable results. Regarding claim 8, Combined Ito teaches the multi-module fuel cell power generating system of claim 7. Further, Ito teaches wherein the first fuel cell module delivers electric power required for the startup and/or the cold shutdown to the air compressor connected to the second fuel cell module (first and second fuel cell have a staggered start sequence wherein one is set to generate power before the other)[0084](first and second fuel cell configured to supply power to compressors when they are in a state of power generation)[0050], via a buck converter (40a) and a relay (45a) that is switched on when electric power is required for the startup and/or the cold shutdown of the second fuel cell module. Regarding claim 9, Combined Ito teaches the multi-module fuel cell power generating system of claim 3. Further, Ito teaches wherein the first fuel cell module performs startup of the first fuel cell module by using electric power from the low-voltage battery when startup of the multi-module fuel cell power generating system is required [0035], and Further, Kim teaches wherein the second fuel cell module performs the startup of the second fuel cell module by using the electric power generated by the first fuel cell module after the startup of the first fuel cell module is finished (first and second fuel cell have a staggered start sequence wherein one is set to generate power before the other)[0084](first and second fuel cell configured to supply power to compressors when they are in a state of power generation)[0050]. Regarding claim 10, Combined Ito teaches the multi-module fuel cell power generating system of claim 3, Further, Ito teaches wherein the second fuel cell module performs the cold shutdown (scavenging operation to prevent freezing after shutdown)[0082] of the second fuel cell module by using the electric power generated by the first fuel cell module when: (1) it is required to finish an operation of the multi-module fuel cell power generating system and (2) a cold shutdown condition is satisfied (first and second fuel cell configured to supply power to compressors when they are in a state of power generation)[0050](first and second fuel cell have a staggered start sequence wherein one is set to generate power before the other)[0084], and wherein the first fuel cell module performs cold shutdown of the first fuel cell module by using electric power from the low-voltage battery after the cold shutdown of the second fuel cell module is finished (system switches to battery powered compressors when fuel cells are off)[0050][0058] Regarding claim 11, Combined Ito teaches the multi-module fuel cell power generating system of claim 10. Further, Ito teaches wherein the first fuel cell module and the second fuel cell module each finish startup thereof when it is required to finish the operation of the multi-module fuel cell power generating system (start operation)[0066][0067] [0069][0070] and the cold shutdown condition is not satisfied (start up when freezing occurs)[0082][[0084]. Regarding claim 12, Combined Ito teaches the multi-module fuel cell power generating system of claim 1. Further, Ito teaches further comprising a plurality of first fuel cell modules [fig. 1], and wherein each first fuel cell module of the plurality of first fuel cell modules is configured to selectively supply electric power required for the startup and/or the cold shutdown via any by accounting for a break down of the other remaining first fuel cell modules (selecting fuel cell start up procedure based on a determination of freezing)[0082][0084]. 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached on (571)270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PATRICK MARSHALL GREENE/Examiner, Art Unit 1724 /BRIAN R OHARA/Examiner, Art Unit 1724
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Prosecution Timeline

Oct 19, 2022
Application Filed
Mar 26, 2025
Non-Final Rejection mailed — §103
Jun 26, 2025
Response Filed
Oct 23, 2025
Final Rejection mailed — §103
Jan 23, 2026
Request for Continued Examination
Jan 28, 2026
Response after Non-Final Action
Aug 03, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
69%
Grant Probability
96%
With Interview (+27.3%)
3y 0m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 160 resolved cases by this examiner. Grant probability derived from career allowance rate.

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