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 .
Relevant MPEP Sections
MPEP 2114 relating to Apparatus and Article claims – Functional Language: While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. >In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997)
MPEP 2115: "Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim." Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Furthermore, "[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Young, 75 F.2d *>996<, 25 USPQ 69 (CCPA 1935) (as restated in In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963)).
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.
Claims 1-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Miyazaki (JP 2013-048084, cited in IDS, using applicant’s provided machine translation) in view of Sakurai et al. (JP 2006-049056, cited in IDS, using applicant’s provided machine translation).
In regard to claim 1, Miyazaki teaches a fuel gas supply apparatus for a fuel cell (fuel cell stack 3), comprising:
a plurality of fuel gas supply sources (gas intake systems 5 and 6) capable of supplying a plurality of fuel gases (digestion gas and city gas) respectively to the fuel cell 3;
a plurality of fuel gas supply lines connected to the plurality of fuel gas supply sources respectively and merging with one another at a downstream side of the plurality of fuel gas supply sources (see supply lines illustrated in figure 7 and 11);
a plurality of first valves (on-off and control valves 7a-7d) disposed on the plurality of fuel gas supply lines respectively, the first valves being capable of opening and closing on the basis of a pressure of a mixed gas of the plurality of fuel gases (concentration i.e. partial pressure of methane in digestion gas by concentration meter 13 – paragraph [0047] necessarily must measure a gas pressure, inflow amount read by flow meter 8b is an indication of pressure) or a pressure of a mixed gas tank (such as at reformer 2 – see paragraphs [0016-0018] of machine translation);
a mixed gas supply line connecting a merging point (such as in reformer 2) of the plurality of the fuel gas supply lines to the fuel cell, for supplying the mixed gas containing at least one of the plurality of fuel gases to the fuel cell (fuel cell stack 3); wherein the plurality of first valves are configured to open if the pressure of the mixed gas of the plurality of fuel gases (i.e. methane concentration in digestion gas) or the pressure of the mixed gas tank (in reformer) becomes equal to or lower than a setting pressure which is set in advance, and wherein the setting pressure is set to be different for each of the plurality of first valves (see paragraphs [0047-0088] – amount of city gas is supplied based on power generation amount and power generation need and methane concentration in the digestion gas, i.e. the first and second pressures of the control valves must be set differently depending on power generation requirements and gas concentrations measured; control unit 4 sets opening degrees, i.e. pressures as required – paragraph [0024-0026).
Claim 1 differs from the Miyazaki in calling for a second valve disposed on the mixed gas supply line. However, Sakurai et al. teach a similar fuel gas supply apparatus for a fuel cell which includes a plurality of fuel gas supply sources (first and second fuel supply systems 41 and 42) capable of supplying a plurality of fuel gases (with different calorie values) respectively to the fuel cell 1 (paragraph [0038] of applicant provided machine translation); a plurality of fuel gas supply lines connected to the plurality of fuel gas supply sources respectively and merging with one another at a downstream side of the plurality of fuel gas supply sources (see supply lines illustrated in figure 1); a plurality of first valves (first and second fuel adjustment valves 51 and 52 – paragraph [0039]) disposed on the plurality of fuel gas supply lines respectively, which come together to form a mixed gas stream, and the desirability to include a mixed fuel regulating valve 5 on the mixed gas supply line so that the current density can remain constant when increasing and decreasing the various fuel supply amounts (paragraphs [0085-0097]) by using a control unit 8 which measure the properties of the fuel at various locations.
Therefore, it would have been obvious to one of ordinary skill in the art at the before the effective filing date of the claimed invention filed to include a mixed fuel regulating valve on the mixed fuel supply line in the apparatus of Miyazaki as such helps maintain a constant current output from the fuel cell as taught by Sakurai et al.
In regard to claim 2, Miyazaki teaches the plurality of fuel gases have a priority which is set in advance, and wherein the setting value is set such that, the higher the priority, the higher the setting value (city gas is of higher priority and only used when needed, digestion gas is always fed and has a lower setting value, such as 0 - see paragraphs [0047-0088]).
In regard to claim 3, Miyazaki teaches the plurality of first valves are pressure reduction valves whose opening degrees are adjustable in accordance with the pressure of the mixed gas of the fuel gases or the pressure of the mixed gas tank (control unit 4 adjusts opening degrees of flow control valves 7b, 7d – paragraph [0025]).
In regard to claim 4, in the combination, Miyazaki teaches the mixed gas tank (reformer 2) is disposed on the mixed gas supply line at an upstream side of the second valve in order to supply reformed gas the fuel cell.
In regard to claim 5, Miyazaki teaches a unit (methane concentration meter 13) for measuring a fuel composition of the mixed gas supplied to the fuel cell from the second valve (paragraph [0046] – such as measuring fuel composition within fuel cell 1). Sakurai et al. teach mixed fuel property measuring means Sfm measures properties of the mixed gas (paragraph [0042]).
In regard to claim 6, Sakurai et al. teach an opening degree of the second valve (mixed fuel adjustment valve 5) is controlled on the basis of a flow rate of necessary mixed gas calculated on the basis of a fuel composition contained in the mixed gas supplied to the fuel cell (by control unit 8 - paragraphs [0094-0097]).
In regard to claim 8, Miyazaki teaches the plurality of fuel gases include at least one fuel gas which has a stable property and a sufficiently ensured supply amount (i.e. city gas supply).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Miyazaki and Sakurai et al. as applied to claim 1 above, and further in view of Kazuya (JP 2018-113154, cited in IDS, using applicant’s provided machine translation).
In regard to claim 7, Miyazaki and Sakurai et al. teach the apparatus as applied above but do not disclose a backflow prevention mechanism which prevents backflow of the mixed gas to the fuel gas supply source if the pressure of the mixed gas of the fuel gases or the pressure of the mixed gas tank becomes higher than the setting pressure of the first valve disposed on corresponding one of the fuel gas supply lines. However, Kazuya teach a similar fuel cell gas supply apparatus where multiple fuel sources (fuel tanks 16) are connected via multiple supply lines 20 and primary valves 22 to a fuel cell stack 14, and the desirability to provide a backflow prevention mechanism (including secondary valves and check valves) which prevents backflow of the mixed gas to the fuel gas supply source if the pressure of the mixed gas of the fuel gases or the pressure of the mixed gas tank becomes higher than the setting pressure of the first valve disposed on corresponding one of the fuel gas supply lines because such improves the reliability and safety of the joints in the fuel cell system (paragraphs [0014-0021] of applicant’s provided machine translation).
Therefore, it would have been obvious to one of ordinary skill in the art at the before the effective filing date of the claimed invention filed to include a backflow prevention mechanism o in the apparatus of Miyazaki as such increases the safety of the fuel cell as taught by Kazuya.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Inoue (US Pub 2023/0307676 newly cited) teaches fuel cell gas pressure measurement to control flow properties (abstract).
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/NICHOLAS P D'ANIELLO/Primary Examiner, Art Unit 1723