DETAILED CORRESPONDENCE
1. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Notice of Pre-AIA or AIA Status
2. 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
3. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/1/2026 has been entered.
Response to Amendment
4. In response to the amendment received on 5/1/2026:
Claims 1-6 and 8-18 are pending in the current application. Claim 1, 8, and 17 have been amended and Claim 7 is cancelled.
The previous objection to the drawings is overcome in light of the arguments and the amendment to the claims.
The rejections have been withdrawn in light of a new interpretation of the claim language, as explained below.
Claim Interpretation
5. All “wherein” clauses are given patentable weight unless otherwise noted. Please see MPEP 2111.04 regarding optional claim language.
Claim Rejections - 35 USC § 102
6. Claims 1-6, 8, and 10-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshioka US PG Publication 2018/0069249.
Regarding Claim 1, Yoshioka discloses a fuel cell system comprising a fuel cell stack 111 with a cathode to which air can be fed as cathode gas via a cathode gas path (air system) 113, wherein an air compressor 172 is integrated into the cathode gas path 113, wherein the cathode gas path 113 branches downstream of the air compressor 172 into a main path (air supply passage) 161 that can be connected to an inlet of the fuel cell stack and into a secondary path (bypass passage) 163 that can be connected to an outlet of the fuel cell stack, wherein the main path 161 and the secondary path 163 can each be shut off individually via shutoff devices (inlet sealing valve) 174 and 191 (see entire disclosure and especially Figs 1, 15 and e.g. paras 0050- 0052, 0056-0057, 0066-0080).
The Office notes that the language of Claim 1, specifically “wherein the main path (4.1) and the secondary path (4.2) can each be shut off individually or together with a shut off device (8)” does NOT specifically tie the individual shutting-off to the shut off device. That is, the claim is reasonably interpreted as having the following meaning: “wherein the main path (4.1) and the secondary path (4.2) can each be shut off individually” or “the main path (4.1) and the secondary path (4.2) can each be shut off together with a shut off device (8)”.
Regarding Claims 2-6, 8-9, and 14-17, since the prior art does not teach the species “together with a shut off device (8)”, further limitations pertaining to the shut off device (8) are not required to be met until the device is positively recited. Accordingly, Yoshioka does not need to disclose the limitations of Claims 2-6, 8-9, and 14-17 (which all ultimately depend on Claim 2).
7. Claims 10-13, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshioka US PG Publication 2018/0069249 in view of Tixier EP1469543.
Regarding Claim 10, 12-13, and 18, Yoshioka discloses a method for operating a fuel cell system 101 comprising a fuel cell stack 111 with a cathode to which, in normal operation, air compressed with an air compressor 172 is fed via a cathode gas path (air supply passage) 161 (see rejection of Claim 1, which is incorporated herein in its entirety). Yoshioka does not specifically disclose wherein a flow direction through the fuel cell stack of the air compressed with the air compressor is temporarily reversed for membrane moistening. However, in the same field of endeavor of fuel cell system design, Tixier discloses wherein a flow direction through the fuel cell stack of the air is temporarily reversed for membrane moistening (para 0027) using a shut off device 12 with movable shut off elements such as flaps (both halves of 14) arranged rotatably about at least one axis of rotation (meeting Claims 12-13, 18) (see all Figs, paras 0026-0027). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify Yoshioka such that a flow direction through the fuel cell stack of the air compressed with the air compressor is temporarily reversed for membrane moistening and using a shut off device having moveable shut off elements that are flaps because Tixier teaches that this solves the problem of humidification of the proton exchange membrane.
Regarding Claim 11, Yoshioka does not specifically disclose wherein in the method, in order to reverse the flow direction with a shut off device, a main path of the cathode gas path connected to an inlet of the fuel cell stack is shut off and a secondary path of the cathode gas path connected to an outlet of the fuel cell stack is opened. However, Tixier further discloses in order to reverse the flow direction with a shut off device 12, a main path (24 going into 22, P1) connected to an inlet 15 of the fuel cell stack is shut off and a secondary path of the cathode gas path (24 going into 21, P2) connected to an outlet 16 of the fuel cell stack is opened (see Figs 1-3B), paras 0022-0026). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to design the method of Yoshioka such that in order to reverse the flow direction with a shut off device, a main path of the cathode gas path connected to an inlet of the fuel cell stack is shut off and a secondary path of the cathode gas path connected to an outlet of the fuel cell stack is opened because Tixier discloses these steps as part of the required action to revers the flow direction of the shut off device of Yoshioka modified by Tixier.
Response to Arguments
8. Applicant's arguments with respect to the claims are based on the claims as amended, and in light of a new interpretation of the claim language. The Office regrets not identifying this valid, broader interpretation of the claims previously.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LISA S PARK whose telephone number is (571)270-3597. The examiner can normally be reached M-Th 5:30a to 3p Eastern Time.
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/LISA S PARK/Primary Examiner, Art Unit 1729
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