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 Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takeda et al (US 20060023478). Regarding claims 1 and 9, the reference is directed to a fuel cell power generation system comprising a fuel cell (1) and a peripheral device (1a) used to operate the fuel cell, a resource storage part (battery 2) capable of storing (i.e., performing a step of storing) a resource (power) generated in the fuel cell in an operation process of the fuel cell, and a resource supply part (Fig. 4) capable of supplying (i.e., performing a step of supplying) the resource stored in the resource storage part to the peripheral device (Fig. 4, [0026]). Regarding claim 2, the battery supplies power to the peripheral device during a start process of the fuel cell ([0026]). However, the claim, as well as claim 3, are also met by the reference because the limitations recited therein are method limitations which do not further limit the structure of the apparatus. The apparatus of Takeda is fully capable of being operated in the claimed manner. See MPEP 2114. Regarding claim 4, the resource storage part is a battery (2) (a power storage facility) and the resource supply part is configured to supply the power stored in the battery to the peripheral device (Fig. 4, [0026]). Regarding the limitation “…if a temperature of the fuel cell is not lower than a lower limit temperature for power generation” in claim 4, the limitation is inherently carried out as the fuel cell is generating power, because the fuel cell must be above its lower limit temperature for power generation. Thus, the instant claims are anticipated.
Claims 1-3, 6 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 11265724 A. Regarding claims 1 and 9, the reference is directed to a fuel cell power generation system comprising a fuel cell (3) and a peripheral device (e.g., reformer 2) used to operate the fuel cell, a resource storage part (hydrogen tank 6) capable of storing (i.e., performing a step of storing) a resource (hydrogen) generated in the fuel cell in an operation process of the fuel cell (see Fig. 1, abstract), and a resource supply part (8) capable of supplying (i.e., performing a step of supplying) the resource stored in the resource storage part to the fuel cell (abstract). Regarding claim 3, the resource supply part supplies hydrogen to the fuel cell during an operation process (abstract). However, the claim, as well as claim 2, are also met by the reference because the limitations recited therein are method limitations which do not further limit the structure of the apparatus. The apparatus of JP ‘724 is fully capable of being operated in the claimed manner. See MPEP 2114. Regarding claim 6, the resource storage part is a reducing gas (hydrogen) storage facility capable of storing hydrogen generated in the fuel cell and the resource supply part is configured to supply the hydrogen stored in the facility to the fuel cell as reducing gas (abstract). Regarding the limitation “…if a temperature of the fuel cell is not lower than a lower limit temperature for power generation” in claim 6, the limitation is inherently carried out as the fuel cell is operating normally because the fuel cell must be above its lower limit temperature for power generation. Thus, the instant claims are anticipated.
Claims 1-3 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Omoto et al (US 20050112423). Regarding claims 1 and 9, the reference is directed to a fuel cell power generation system comprising a fuel cell (4) and a peripheral device (e.g., pump 21) used to operate the fuel cell, a resource storage part (carbon dioxide storage facility 43) capable of storing (i.e., performing a step of storing) a resource (CO2) generated in the fuel cell in an operation process of the fuel cell (see Fig. 5; [0123]), and a resource supply part (31) capable of supplying (i.e., performing a step of supplying) the resource stored in the resource storage part to the fuel cell ([0124]). Regarding claim 3, the resource supply part supplies CO2 to the fuel cell from the CO2 storage facility during a stop process ([0121]). However, the claim, as well as claim 2, are also met by the reference because the limitations recited therein are method limitations which do not further limit the structure of the apparatus. The apparatus of Omoto is fully capable of being operated in the claimed manner. See MPEP 2114. Regarding claim 7, the resource storage part is a CO2 storage facility and the resource supply part is configured to supply the CO2 stored in the facility to the fuel cell as a purge gas ([0124]). Regarding the limitation “…if a temperature of the fuel cell is not lower than a lower limit temperature for power generation” in claim 7, the limitation is inherently carried out as the fuel cell is operating normally and generating anode exhaust, because the fuel cell must be above its lower limit temperature for power generation. Regarding claim 8, the limitation “…such that no drain is generated in the fuel cell” is also a method limitation and is met by the reference for the reasons stated above. Thus, the instant claims are anticipated.
Claim Rejections - 35 USC § 103
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.
Claims 1, 3, 5, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2019-220391.
Regarding claims 1 and 9, the reference is directed to a fuel cell power generation system comprising a fuel cell (11) and a peripheral device (e.g., reformer 14) used to operate the fuel cell, an anode off gas regeneration means (e.g., water separator 16) capable of removing water generated in the fuel cell in an operation process of the fuel cell ([0013], Fig. 1), and a resource supply part capable of supplying (i.e., performing a step of supplying) the resource to the peripheral device (reformer) (see [0033]: “Since the exhaust gas flowing through the exhaust path 48 is cooled by the heat exchanger 41, the water generated by condensation may be recovered and used for the steam reforming described above”). Regarding claim 3, the water is supplied to the peripheral device (reformer) during an operation process.
The reference does not expressly teach a “resource storage part” capable of storing the water generated in the fuel cell (e.g., a “water storage facility” such as a tank or reservoir) (claims 1 and 5), nor the recited “step of storing a resource” in claim 9.
However, the invention as a whole would have been obvious to one skilled in the art at the time of filing because the artisan would be motivated to include such a tank or reservoir in the system of JP ‘391. A skilled person would understand that there may be a mismatch between the rate at which water is recovered from the fuel cell system and the rate at which water is supplied for the reforming reaction. It would have been obvious to use a tank or other water storage facility to store the water captured from the system, so that it can be stored as needed and then pumped to the reformer to participate in the reforming reaction. As such, the claimed “resource storage part” and its associated method of use would have been obvious.
Regarding the limitation “…if a temperature of the fuel cell is not lower than a lower limit temperature for power generation” in claim 5, the limitation would be carried out by the apparatus of the modified reference, during normal operation, because the fuel cell must be above its lower limit temperature for power generation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jonathan Crepeau whose telephone number is (571) 272-1299. The examiner can normally be reached Monday-Friday from 9:30 AM - 6:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Nicole Buie-Hatcher, can be reached at (571) 270-3879. The phone number for the organization where this application or proceeding is assigned is (571) 272-1700. Documents may be faxed to the central fax server at (571) 273-8300.
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/Jonathan Crepeau/
Primary Examiner, Art Unit 1725
December 11, 2025