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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/16/2026 has been entered.
Response to Arguments
Applicant's arguments filed 4/16/2026 have been fully considered but they are not persuasive. The arguments are presented on page 10 that the prior art of Akiyama and Kim would not teach the limitations of amended claims 1, and 14 including determining whether a first number calculated in real time is larger than a second number that is a number of currently driven fuel cell stacks by a specific number or more. These arguments are not found persuasive due to the fact that Akiyama teaches an embodiment where the fuel cell stack driving determiner (operation state manager 24) switches from driving 3 fuel cells to driving 4 fuel cells which indicates it selects additional fuel cells to operate by a specific number and not just by estimation [0047-0048].
The arguments are presented on page 11 that the prior art of Akiyama and Kim would not teach the limitations of new claim 21 with reference to arguments regarding the limitations of amended claim 1. These arguments are not found persuasive due to the fact that new claim 21 does not include the new limitations of amended claim 1 and only appears to include limitations from previous claim 1, claim 3, and claim 12. Claim 21 has been rejected in view of Akiyama and Kim as detailed in the claim rejections below.
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, and 17-21 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 further teaches the fuel cell stack driving determiner (operation state manager 24 in communication with estimated command receiver 25 and second determiner 26) [0047-0048, 0063-0065] is configured to:
determine whether the first number calculated in real time (number of fuel cells required to output 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 (switching from driving 3 fuel cells to driving 4 fuel cells) [0047-0048, 0065]; and
determine to additionally operate one or more fuel cell stacks based on the determination [0047-0048, 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 further teaches the determining the driven ones of the one or more fuel cell stacks by the driving determiner 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) by a specific number or more (switching from driving 3 fuel cells to driving 4 fuel cells) [0047-0048, 0065]; and
determining to additionally operate one or more fuel cell stacks based on the determination [0047-0048, 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 [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].
With regard to claim 21, 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 value obtained by dividing the required total output by the preset reference output (normal output power) in real time [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 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 enhance durability (secure durability) [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].
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, and 17-21 above, and further in view of Rajashekara et al. (US 2009/0305087 A1, hereafter Rajashekara).
With regard to claim 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
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/BRENT C THOMAS/Examiner, Art Unit 1724
/STEWART A FRASER/Primary Examiner, Art Unit 1724
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