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 .
Response to Arguments
Applicant’s arguments, see page 7, filed 12/03/2025, with respect to the rejection(s) of amended claim(s) 1 and 14 under Akiyama have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Akiyama and Kim (US 2020/0185735 A1) as necessitated by the claim amendments.
Applicant's arguments filed 12/03/2025 have been fully considered but they are not persuasive. The arguments are presented on pages 7-8 that Akiyama and Kim would not teach the amended limitations of claims 1 and 14 of “the preset fuel cell stack reference output is set based on an output range in which continuous driving time periods of the one or more fuel cell stacks are not limited”. These arguments are not found persuasive due to the fact that Kim teaches setting an output range (voltage between upper and lower limits) to enhance durability so that continuous driving time periods (operating time period before end of life) are not limited [0035-0036, 0041]. Therefore, Kim modified by Akiyama would perform the claimed functions and render the amended claims obvious.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-4, 7-11-15, 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama (US 2023/0115279 A1, hereafter Akiyama) in view of Kim et al. (US 2020/0185735 A1, hereafter Kim).
With regard to claim 1, Akiyama teaches an apparatus for controlling a multi-module fuel cell system, the apparatus comprising:
a driving number calculator (second determiner 26 portion of control device 20) connected to one or more fuel cell stacks and configured to calculate a first number (number of fuel cells required to output estimated total output power), based on a required total output and a preset fuel cell stack reference output (normal output power) in real time [0063-0065];
a fuel cell stack driving determiner (operation state manager 24) configured to determine driven ones of the one or more fuel cell stacks, based on priorities (activated least number of times) of the one or more fuel cell stacks and the first number [0047-0048, 0065]; and
a fuel cell stack output controller (control device 20) configured to control an output (inactive, standby, or normal) of a driven fuel cell stack based on the required total output [0036-0039, 0063-0065].
Akiyama does not explicitly teach setting an output range. However, in the same field of endeavor, Kim teaches an output range (upper and lower limit voltages) that allow for continuous driving time (operating 3-5 times longer) periods [0035-0036, 0041]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the output range of Kim with the fuel cell of Akiyama for the benefit of enhancing the durability of the fuel cell [Kim 0041].
With regard to claim 3, Akiyama teaches the driving number calculator (second determiner 26 portion of control device 20) calculates the number of cells required to operate by dividing the required total output by the preset reference output (normal output power) [0065].
With regard to claim 4, Akiyama teaches the fuel cell stack driving determiner (operation state manager 24) is configured to monitor states of the one or more fuel cell stacks (via information collector 21); and determine the priorities of the one or more fuel cell stacks based on the monitored states (number of times activated) of the one or more fuel cell stacks [0047-0048, 0065].
With regard to claim 7, Akiyama teaches the fuel cell stack driving determiner (operation state manager 24 in communication with estimated command receiver 25 and second determiner 26) is configured to:
determine whether the first number calculated in real time (number of fuel cells required to output estimated total output power) is larger than a second number that is a number of currently driven fuel cell stacks (sum of normal mode and standby mode fuel cells) [0047-0048, 0065]; and
determine a fuel cell stack that is to be additionally driven based on the priorities of the one or more fuel cell stacks and the first number, when the first number is larger than the second number by a specific number or more [0047-0048, 0065],
wherein the fuel cell stack output controller (control device 20) is configured to control an output of the fuel cell stack that is to be additionally driven based on the required total output [0036-0039, 0063-0065].
With regard to claim 8, Akiyama teaches the fuel cell stack output controller (control device 20) is configured to control an output of the currently driven fuel cell stacks (normal or standby mode) and would therefore be capable of controlling the output so that the currently driven fuel cell stacks generate the required total output until a startup of a fuel cell stack that is to be additionally driven (inactive to standby or normal mode) is finished [0036-0039, 0063-0065]. Claims directed to apparatus must be distinguished from the prior art in terms of structure rather than function. In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). See also MPEP § 2114.
The manner of operating the device does not differentiate an apparatus claim from the prior art. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
With regard to claim 9, Akiyama teaches that the fuel cell stack output controller (control device 20) is configured to:
determine whether the first number calculated in real time (number of fuel cells required to output estimated total output power) is larger than a second number that is a number of currently driven fuel cell stacks (sum of normal mode and standby mode fuel cells) by a specific number or more [0047-0048, 0065]; and
control an output of the currently driven fuel cell stacks such that the currently driven fuel cell stacks generate the required total output when the first number is not larger than the second number by the specific number or more [0036-0039, 0063-0065].
With regard to claim 10, Akiyama teaches the fuel cell stack driving determiner (operation state manager 24 in communication with estimated command receiver 25 and second determiner 26) is configured to determine whether the required total output is lower than a sum of minimum outputs of currently driven fuel cell stacks; and determine one of the currently driven fuel cell stacks which is to be stopped (deactivate) based on the priorities (activated least number of times) when the required total output is lower than the sum of the minimum output of the currently driven fuel cell stacks [0036, 0050, 0052-0053, 0060].
With regard to claim 11, Akiyama teaches the fuel cell stack output controller (control device 20) is configured to: determine outputs (inactive, standby, or normal) of driven fuel cell stacks based on a value obtained by dividing the required total output by a second number that is the number of driven fuel cell stacks [0036-0039, 0063-0065]; and control an output of a fuel cell stack that is to be additionally driven (changed from inactive to standby) based on the determined output [0036-0039, 0063-0065].
With regard to claims 12-13, Akiyama teaches controlling outputs of fuel cell stacks controlling outputs (inactive, standby, or normal) of driven fuel cell stacks based on the required total output [0036-0039, 0063-0065] but does not explicitly teach controlling voltage ranges of fuel cells. However, in the same field of endeavor, Kim teaches using a voltage controller and sensor (voltage controller 50 and voltage sensor 60) to set upper and lower limit voltages for a fuel cell stack in order to prevent degradation (claim 13) [0036, 0041]. It would have been obvious to use the voltage limits of Kim with the fuel cell of Akiyama for the benefit of enhancing the durability of the fuel cell [Kim 0041].
With regard to claim 14, Akiyama teaches a method for controlling a multi-mode fuel cell system, the method comprising:
calculating a first number (number of fuel cells required to output estimated total output power), based on a required total output and a preset fuel cell stack reference output (normal output power) in real time, by a driving number calculator (second determiner 26 portion of control device 20) connected to one or more fuel cell stacks [0063-0065];
determining driven ones of the one or more fuel cell stacks, based on priorities (activated least number of times) of the one or more fuel cell stacks and the first number, by a fuel cell stack driving determiner (operation state manager 24) [0047-0048, 0065]; and
controlling outputs (inactive, standby, or normal) of driven fuel cell stacks based on the required total output, by a fuel cell stack output controller (control device 20) [0036-0039, 0063-0065].
Akiyama does not explicitly teach setting an output range. However, in the same field of endeavor, Kim teaches an output range (upper and lower limit voltages) that allow for continuous driving time (operating 3-5 times longer) periods [0035-0036, 0041]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the output range of Kim with the fuel cell of Akiyama for the benefit of enhancing the durability of the fuel cell [Kim 0041].
With regard to claim 15, Akiyama teaches the driving number calculator (second determiner 26 portion of control device 20) calculates the number of cells required to operate by dividing the required total output by the preset reference output (normal output power) [0065].
With regard to claim 17, Akiyama teaches determining the driven ones of the fuel cell stacks by the fuel cell stack driving determiner (operation state manager 24 in communication with estimated command receiver 25 and second determiner 26) comprises:
determining whether the first number calculated in real time (number of fuel cells required to output estimated total output power) is larger than a second number that is a number of currently driven fuel cell stacks (sum of normal mode and standby mode fuel cells) [0047-0048, 0065]; and
determining a fuel cell stack that is to be additionally driven based on the priorities of the one or more fuel cell stacks and the first number, when the first number is larger than the second number by a specific number or more [0047-0048, 0065],
wherein the fuel cell stack output controller (control device 20) is configured to control an output of the fuel cell stack that is to be additionally driven based on the required total output [0036-0039, 0063-0065].
With regard to claim 18, Akiyama teaches determining whether the required total output is lower than a sum of minimum outputs of currently driven fuel cell stacks; and determining one of the currently driven fuel cell stacks which is to be stopped (deactivate) based on the priorities (activated least number of times) when the required total output is lower than the sum of the minimum output of the currently driven fuel cell stacks by the fuel cell driving determiner (operation state manager 24 in communication with estimated command receiver 25 and second determiner 26) [0036, 0050, 0052-0053, 0060].
With regard to claim 19, Akiyama teaches the fuel cell stack output controller (control device 20) determines outputs (inactive, standby, or normal) of driven fuel cell stacks based on a value obtained by dividing the required total output by a second number that is the number of driven fuel cell stacks [0036-0039, 0063-0065]; and controls an output of a fuel cell stacks that are currently driven (selecting active, standby, or normal) based on the determined output [0036-0039, 0063-0065].
With regard to claim 20, Akiyama teaches controlling outputs of fuel cell stacks controlling outputs (inactive, standby, or normal) of driven fuel cell stacks based on the required total output [0036-0039, 0063-0065] but does not explicitly teach controlling voltage ranges of fuel cells. However, in the same field of endeavor, Kim teaches using a voltage controller and sensor (voltage controller 50 and voltage sensor 60) to set upper and lower limit voltages for a fuel cell stack in order to prevent degradation (claim 13) [0036, 0041]. It would have been obvious to use the voltage limits of Kim with the method of Akiyama for the benefit of enhancing the durability of the fuel cell [Kim 0041].
Claim(s) 5-6 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama and Kim as applied to claims 1, 3-4, 7-11-15, 17-20 above, and further in view of Rajashekara et al. (US 2009/0305087 A1, hereafter Rajashekara).
With regard to claims 5, Akiyama teaches monitoring states of the fuel cell stacks [0047-0048, 0065] but does not explicitly teach that the monitored states include accumulated output or driving time amounts. However, in the same field of endeavor, Rajashekara teaches monitoring total energy (accumulated output) and/or total period of power output (driving time) [0021, 0052]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the monitoring total energy (accumulated output) and/or total period of power output (driving time) [0021, 0052] of Rajashekara with the fuel cell of Akiyama for the benefit of evening out deterioration to prolong lifetime [Rajashekara 0052].
With regard to claim 6, the fuel cell system of modified Akiyama detailed in the rejection of claim 5 would be capable of performing the claimed function due to having a controller capable of monitoring time and total energy and multiplication [0043, 0052].
With regard to claim 16, Akiyama teaches monitoring states of the fuel cell stacks [0047-0048, 0065] but does not explicitly teach that the monitored states include accumulated output or driving time amounts. However, in the same field of endeavor, Rajashekara teaches monitoring total energy (accumulated output) and/or total period of power output (driving time) [0021, 0052]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the monitoring total energy (accumulated output) and/or total period of power output (driving time) [0021, 0052] of Rajashekara with the method of Akiyama for the benefit of evening out deterioration to prolong lifetime [Rajashekara 0052].
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.
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/BRENT C THOMAS/Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724