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 .
Claim Objections
Claim 1 is objected to because of the following informalities:
line 10 recites “system required power” which appears to be a minor typo and should be “a system required power”,
line 21 recites the limitation “intermittent OFF” which appears to be a minor typo and should be “the intermittent OFF”.
Claims 1-8 are objected to because of the following informalities:
Throughout claims 1-8 applicant uses functions/variables with and without description of the function/variable inconsistently. For example, claim 1 lines 8-9 recite “a power generation provisional command value p_fc_temp(i) of the FC at the time i” and line 20 “p_fc_temp(i)”. Claim 3, which depends on claim 1, lines 2-3 recites “the power generation provisional command value p_fc_temp(i) of the FC at the time i”. Consistent formatting along with placing the function variable at the end of the description of such would aid in readability of the claimed invention, for example, “a power generation provisional command value of the FC at the time i, p_fc_temp(i)” as is commonly used by the skilled artisan. This is throughout claims 1-8, as noted above.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 lines 18-21 recite the limitations “a power generation command value calculation means that stops (OFF) the FC when intermittent ON is determined at the time i, and outputs a larger one, as a power generation command value p_fc(i) for the FC at the time i, between the p_fc_temp(i) and an intermittent OFF threshold TPIMOFF when intermittent OFF is determined at the time i.” which render the meaning of the claim indefinite. It is unclear what applicant intends by the indefinite article “larger one” as it could refer to any of the parameters at time i and/or any of the parameters themselves at times i-1 and i. In order to advance prosecution, the examiner is interpreting the limitation to be any of the parameters claimed at time i and/or any of the parameters themselves at times i-1 and i.
Claim 2 lines 2-4 and 6 recite the limitations “a means that substitutes the p_req(i) for a composite function f(x) (including a function obtained by mathematically transforming the f(x))” and “f(x) = fuel(x) + γ(p_req(i) – x)2 + λ•k(p_req(i) – x) …” which renders the meaning of the claim indefinite. The composite function f(x) does not appear to be mathematically transformed, as the skilled artisan would understand a functional would need to act on the function to mathematically transform it, and no functional is presented in either the claims of the Instant specification. In order to advance prosecution, the limitation “(including a function obtained by mathematically transforming the f(x))” is being interpreted as the limitation “calculates a value of x when the composite function f(x) is minimum” as stated in claim 2 lines 4-5 and Instant [0064].
Claim 3 recites the limitations "the state of charge of the BAT", “the upper SOC limit” and “the lower SOC limit” in line 4. There is insufficient antecedent basis for these limitation in the claim. In order to advance prosecution the examiner will be interpreting the limitations as "a state of charge of the BAT", “an upper SOC limit” and “a lower SOC limit”.
Claim 3 line 4 recites the limitation "the state of charge of the BAT" which renders the meaning of the claim indefinite. Claim 1 line 6 recites the limitation “a state of charge SOC(i) of the BAT at time i” which is a time dependent state of charge, which claim 1 lines 8-11 recite “a provisional command value calculation means that determines a power generation provisional command value p_fc_temp(i) of the FC at the time i so as to maximize efficiency of the fuel cell system based on system required power p_req(i) at the time i and the state of charge SOC(i) of the BAT at the time i”. This additionally shows p_fc_temp(i) is determined using SOC(i) and therefore p_fc_temp(i) of the FC at the time i cannot be used to determine SOC(i) as this would be a circular function able to take on any value.
Claim 4 lines 3-5 recite the limitations “an intermittent ON state”, “an intermittent OFF threshold (TP_IMOFF)” and “an intermittent OFF state” which render the meaning of the claim indefinite. It is not clear if applicant intends there to be the same/additional intermittent ON/OFF states and intermittent OFF threshold (TP_IMOFF) than those recited in claim 1, the latter being time dependent in claim 1, or something different. In order to advance prosecution, the examiner with be interpreting them as “the intermittent ON state”, “the intermittent OFF threshold TPIMOFF when intermittent OFF is determined at the time i” and “the intermittent OFF state”.
Claim 4 lines 3-5 recite the limitation “when the FC is in an intermittent ON state at the time (i-1) and when the p_fc_temp(i) is equal to or larger than an intermittent OFF threshold (TP_IMOFF)” which renders the meaning of the claim indefinite. Claim 1 recites the limitation “an intermittent OFF threshold TP_IMOFF when intermittent OFF is determined at the time i”. It is unclear how p_fc_temp(i), which is determined at time i, can be equal to or larger than the intermittent OFF threshold TP_IMOFF when intermittent OFF is determined at the time i, when the FC is in an intermittent ON state at the time (i-1).
Claim 4 lines 6-8 recite the limitation “when the FC is in the intermittent OFF state at the time (i-1) and when the p_fc_temp(i) is smaller than or equal to the TP_IMOFF and the p_req(i) is smaller than or equal to an intermittent ON threshold (TP_IMON)” which renders the meaning of the claim indefinite. It is unclear how at time (i-1) p_fc_temp(i) is determined at time i.
Claim 4 lines 10-12 recite the limitation “when the p_fc_temp(i) is more than the TP_IMOFF and/or when the p_req(i) is more than the TP_IMON, and when the BAT is in a discharge mode at the time (i-1)” which renders the meaning of the claim indefinite. It is unclear if applicant intends TP_IMOFF to be time dependent as recited in claim 1, and if so at which time i or (i-1), similarly with TP_IMON. As noted above it is unclear how the limitations are determined at time i “when the BAT is in a discharge mode at the time (i-1)”.
Claim 6 lines 5-6 recite the limitation “the intermittent OFF threshold TP_IMOFF and/or an intermittent ON threshold TP_IMON” which renders the meaning of the claim indefinite. It is unclear if applicant intends TP_IMOFF to be determined at a time, as in claim 1, and if so what that time is. Similarly it is unclear if applicant intends TP_IMON to be determined at a time and if so what that time is.
Claim 8 lines 4-12 recite the limitations “a first threshold changing means that, when the FC is in an intermittent ON state at the time (i-1), and when the θ(i) is equal to or larger than a first threshold, decreases the TP_IMOFF; a second threshold changing means that, when the FC is in the intermittent ON state at the time (i-1), and when the θ(i) is smaller than the first threshold, increases the TP_IMOFF; a third threshold changing means that, when the FC is in an intermittent OFF state at the time (i-1), and when the θ(i) is equal to or larger than a second threshold, decreases the TP_IMON; and a fourth threshold changing means that, when the FC is in the intermittent OFF state at the time (i-1), and when the θ(i) is smaller than the second threshold, increases the TP_IMON.” which render the meaning of the claim indefinite. The limitations as state at a time (i-1) when another function determines a value at time i, which is later than time (i-1) and it is unclear what is intended by applicant.
Claims 5 and 7 are rejected as depending upon above rejected claims 1 and 6.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
For purposes of this office action the recited “means” of claims 1-4 and 6-8 will be interpreted as a control device consistent with Instant specification [0044] and Fig. 4.
Allowable Subject Matter
Claims 1-8 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and claim objections set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The present invention is related to, inter alia, a power generation control device used for power generation control of a fuel cell system including a fuel cell (FC) that generates power and a secondary battery (BAT) that stores surplus power, the power generation control device comprising: an operation mode determination means that determines an operation mode f_SOC(i) of the BAT based on a state of charge SOC(i-1) of the BAT at time (i-1) and a state of charge SOC(i) of the BAT at time i; a provisional command value calculation means that determines a power generation provisional command value p_fc_temp(i) of the FC at the time i so as to maximize efficiency of the fuel cell system based on a system required power p_req(i) at the time i and the state of charge SOC(i) of the BAT at the time i; an intermittent state determination means that determines an intermittent ON/OFF state f_IM(i) of the FC at the time i to avoid continuous switching of the intermittent state of the FC based on the operation mode f_SOC(i) of the BAT, the p_fc_temp(i), the p_req(i) at the time i, and an intermittent ON/OFF state f_IM(i-1) of the FC at the time (i-1); and a power generation command value calculation means that stops (OFF) the FC when intermittent ON is determined at the time i, and outputs a larger one, as a power generation command value p_fc(i) for the FC at the time i, between the p_fc_temp(i) and an intermittent OFF threshold TP_IMOFF when the intermittent OFF is determined at the time i.
Tano JP2011014465A (cited in IDS filed 15 March 2023), Watanabe US20180198145A1, Winstead US20050095471A1 and Adrian US20020171397A1 are considered the closest prior art.
Tano discloses a power generation control device (Tano, [0010], control device) used for power generation control of a fuel cell system including a fuel cell (FC) that generates power and a secondary battery (BAT) that stores surplus power (Tano, [0010], “a power storage device connected in parallel to the fuel cell via a voltage conversion device…a control device that controls the gas supply to the fuel cell and also controls the operation of the voltage conversion device.”)
the power generation control device comprising:
a provisional command value calculation means that determines a power generation command value p_fc_temp(i) of the FC at the time i so as to maximize efficiency of the fuel cell system based on a system required power p_req(i) at the time i (Tano, [0010], “The control device executes intermittent operation control that switches the operating state of the fuel cell between a normal power generation mode and a power generation suspension mode by controlling the gas supply to the fuel cell based on a comparison between the required power generation of the fuel cell and a threshold value.”)
an intermittent state determination means that determines an intermittent ON/OFF state f_IM(i) of the FC at the time i to avoid continuous switching of the intermittent state of the FC based on the p_fc_temp(i), the p_req(i) at the time i, and an intermittent ON/OFF state f_IM(i-1) of the FC at the time (i-1) (Tano, [0015], “intermittent operation by controlling the gas supply to the fuel cell based on a comparison between the power demand of the fuel cell and a threshold value, thereby switching the operating state of the fuel cell between a normal power generation mode and a power generation standby mode”)
a power generation command value calculation means that stops (OFF) the FC when intermittent ON is determined at the time i, and outputs a larger one, as a power generation command value p_fc(i) for the FC at the time i, between the p_fc_temp(i) and an intermittent OFF threshold TPIMOFF when the intermittent OFF is determined at the time i (Tano, [0012], “the threshold value includes a first threshold value that is used for comparison when the operating state of the fuel cell transitions from the power generation suspension mode to the normal power generation mode, and a second threshold value that is smaller than the first threshold value and is used for comparison when the operating state of the fuel cell transitions from the normal power generation mode to the power generation suspension mode”).
Tano however does not disclose, teach, fairly suggest, nor render obvious the recited an operation mode determination means that determines an operation mode f_SOC(i) of the BAT based on a state of charge SOC(i-1) of the BAT at time (i-1) and a state of charge SOC(i) of the BAT at time i; a provisional command value calculation means that determines a power generation provisional command value p_fc_temp(i) of the FC at the time i so as to maximize efficiency of the fuel cell system based on a system required power p_req(i) at the time i and the state of charge SOC(i) of the BAT at the time i; an intermittent state determination means that determines an intermittent ON/OFF state f_IM(i) of the FC at the time i to avoid continuous switching of the intermittent state of the FC based on the operation mode f_SOC(i) of the BAT, the p_fc_temp(i), the p_req(i) at the time i, and an intermittent ON/OFF state f_IM(i-1) of the FC at the time (i-1), and there does not appear to be any reasonable basis for the skilled artisan to abandon the design of Tano, which is directed toward preserving the gas quality of the fuel gas in the fuel cell such that it has not deteriorated significantly during the power generation standby mode, the waste of fuel gas increases, leading to reduced energy efficiency (or fuel economy) and the control device as disclosed by Tano can suppress the deterioration of responsiveness while improving energy efficiency for a fuel cell operating intermittently, to arrive at the claimed invention relying on the SOC of the battery for determining fuel cell efficiency nor would the skilled artisan be directed towards such.
Watanabe discloses a power generation control device (Watanabe, [0035], “The control unit ECU”) used for power generation control of a fuel cell system including a fuel cell (FC) that generates power and a secondary battery (BAT) that stores surplus power (Watanabe, [0035], “The control unit ECU is, for example, an electronic control unit (ECU) and controls an amount of power generated by the fuel cell FC such that an amount of charging-discharging power of the secondary battery BAT is maintained at a predetermined value.”),
the power generation control device comprising:
an operation mode determination means that determines an operation mode f_SOC(i) of the BAT based on a state of charge SOC(i) of the BAT at time i (Watanabe, [0049], “ the command power value pbat _cm of the secondary battery BAT is determined by the control unit ECU such that a state of charge (SOC) of the secondary battery BAT is maintained within a predetermined range”),
a provisional command value calculation means that determines a power generation provisional command value of the FC at the time i, p_fc_temp(i), (Watanabe, [0048-0049, “the command power value pfc_cm of the fuel cell FC…”) so as to maximize efficiency of the fuel cell system based on a system required power at the time i, p_req(i), and the state of charge of the BAT at the time i, SOC(i), (Watanabe, [0049], “the command power value pbat _cm of the secondary battery BAT is determined by the control unit ECU such that a state of charge (SOC) of the secondary battery BAT is maintained within a predetermined range and fuel efficiency is optimized to calculate the command power value pfc_cm of the fuel cell FC”).
Watanabe however does not disclose, teach, fairly suggest, nor render obvious the recited an operation mode determination means that determines an operation mode of the BAT, f_SOC(i), based on a state of charge of the BAT at time (i-1), SOC(i-1), and a state of charge of the BAT at time i, SOC(i), an intermittent state determination means that determines an intermittent ON/OFF state of the FC at the time i, f_IM(i), to avoid continuous switching of the intermittent state of the FC based on the operation mode of the BAT, f_SOC(i), the power generation provisional command value of the FC at the time i, p_fc_temp(i), the system required power at the time i, p_req(i), and an intermittent ON/OFF state f_IM(i-1) of the FC at the time (i-1), and a power generation command value calculation means that stops (OFF) the FC when intermittent ON is determined at the time i, and outputs a larger one, as a power generation command value p_fc(i) for the FC at the time i, between the p_fc_temp(i) and an intermittent OFF threshold TP_IMOFF when intermittent OFF is determined at the time i, and there does not appear to be any reasonable basis for the skilled artisan to abandon the design of Watanabe, which is directed toward maintaining the SOC of the battery within a predetermined range at time i, in order to optimize fuel efficiency (Watanabe, [0049], “state of charge (SOC) of the secondary battery BAT is maintained within a predetermined range and fuel efficiency is optimized to calculate the command power value pfc_cm of the fuel cell FC”), to arrive at the claimed invention nor would the skilled artisan be directed towards such.
Winstead discloses an operation mode determination means that determines an operation mode of the BAT, f_SOC(i-1), (Winstead, [0021]. “The control strategy employed by the inventive method, in part, monitors the SOC of the charge carrier 16 and controls the power output by the charge carrier 16 based on the monitored SOC, and the system load demand.”, [0048], “The control method is carried out by setting the charge carrier 16 power output, based on the previous SOC level, to the following P CC(k)=(n CC(k)*V FC MAX)/(2*S*V FC(k))+C(k−1)−CNOM”) based on a state of charge of the BAT at time (i-1), SOC(i-1), (Winstead, [0034], [0048], “C(k-1)=Charge Carrier SOC”),
an intermittent state determination means that determines an intermittent ON/OFF state of the FC at the time i, f_IM(i), (Winstead, [0059], “FIGS. 3 a and 3 b respectively show the computed values of the voltage [VFC(k)] and current output by the fuel cell [I FC(k)], based on the calculated battery pack power [P CC(k)].”) to avoid continuous switching of the intermittent state of the FC (Winstead, abstract, “improves system efficiency by reducing use of the fuel cell”)
based on the operation mode of the BAT, f_SOC(i-1), (Winstead, [0048], P CC(k)) the power generation provisional command value of the FC at the time i, p_fc_temp(i), (Winstead, [0023], PFC(k)) the system required power at the time i, p_req(i), (Winstead, [0048], P LOAD(k)) and an intermittent ON/OFF state f_IM(i-1) of the FC at the time (i-1) (Winstead, [0051], equation 8 solved for C(k-1) as a variable of V FC(k), [0060], “the method steps are then repeated, based on the using the previous SOC”, giving f_IM(i-1)).
Winstead however does not disclose, teach, fairly suggest, nor render obvious the recited an operation mode determination means that determines an operation mode f_SOC(i) of the BAT based on a state of charge SOC(i-1) of the BAT at time (i-1) and a state of charge SOC(i) of the BAT at time I; a provisional command value calculation means that determines a power generation provisional command value p_fc_temp(i) of the FC at the time i so as to maximize efficiency of the fuel cell system based on a system required power p_req(i) at the time i and the state of charge SOC(i) of the BAT at the time i; an intermittent state determination means that determines an intermittent ON/OFF state f_IM(i) of the FC at the time i to avoid continuous switching of the intermittent state of the FC based on the operation mode f_SOC(i) of the BAT, the p_fc_temp(i), the p_req(i) at the time i, and an intermittent ON/OFF state f_IM(i-1) of the FC at the time (i-1); and a power generation command value calculation means that stops (OFF) the FC when intermittent ON is determined at the time i, and outputs a larger one, as a power generation command value p_fc(i) for the FC at the time i, between the p_fc_temp(i) and an intermittent OFF threshold TPIMOFF when the intermittent OFF is determined at the time i, and there does not appear to be any reasonable basis for the skilled artisan to abandon the design of Winstead, as the control means of Winstead is carried out by determining the battery power output, based only on the previous SOC level, thereby leading to a proportional increase in fuel economy (Winstead, [0048]), to arrive at the claimed invention nor would the skilled artisan be directed towards such.
Adrian discloses a power generation control device (Adrian, [0066], controller 30) used for power generation control of a fuel cell system including a fuel cell (FC) that generates power (Adrian, [0066], fuel cell 12) and a secondary battery (BAT) that stores surplus power (Adrian, [0066], energy storage devices 14 and 16), the power generation control device comprising:
a power generation command value calculation means that stops (OFF) the FC when intermittent ON is determined at the time i (Adrian, [0066], “controller 30 detects that a predetermined state of charge condition has been achieved. For example, controller detects that the SOC of primary energy storage device 14 has exceeded a predetermined threshold amount for a predetermined period of time. At this point controller 30 triggers fuel cell 12 to shut-down and switch 40 is closed.”), and outputs a larger one, as a power generation command value p_fc(i) for the FC at the time i, between the p_fc_temp(i) and an intermittent OFF threshold TP_IMOFF when intermittent OFF is determined at the time i (Adrian, [0066], “controller detects that the SOC of primary energy storage device 14 has exceeded a predetermined threshold amount for a predetermined period of time. At this point controller 30 triggers fuel cell 12 to shut-down and switch 40 is closed.”).
Adrian however does not disclose, teach, fairly suggest, nor render obvious the recited an operation mode determination means that determines an operation mode f_SOC(i) of the BAT based on a state of charge SOC(i-1) of the BAT at time (i-1) and a state of charge SOC(i) of the BAT at time i; a provisional command value calculation means that determines a power generation provisional command value p_fc_temp(i) of the FC at the time i so as to maximize efficiency of the fuel cell system based on a system required power p_req(i) at the time i and the state of charge SOC(i) of the BAT at the time i; and an intermittent state determination means that determines an intermittent ON/OFF state f_IM(i) of the FC at the time i to avoid continuous switching of the intermittent state of the FC based on the operation mode f_SOC(i) of the BAT, the p_fc_temp(i), the p_req(i) at the time i, and an intermittent ON/OFF state f_IM(i-1) of the FC at the time (i-1), there does not appear to be any reasonable basis for the skilled artisan to abandon the design of Adrian, which is directed toward the SOC of the battery at time i, thereby improving the performance of a hybrid power supply apparatus comprising a power generating device, such as a fuel cell system, and an energy storage device, such as a battery (Arian, [0001]), to arrive at the claimed invention nor would the skilled artisan be directed towards such.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARED HANSEN whose telephone number is (571)272-4590. The examiner can normally be reached M-F.
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/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723