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 § 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 1-7 and 11-20 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.
Regarding claim 1, Applicant’s amendment has not resolved the confusion over the recited valves. Claim 1 first recites “control valves for controlling the heat transfer fluid in the circulation ducts of the outlet end plate.” Claim 1 next recites “the control valves”, which by its plain meaning is meant to refer back to the previously recited control valves (i.e., for controlling the heat transfer fluid in the circulation ducts of the outlet end plate). But instead “the control valves” now refers to “control valves for the heat transfer fluid, the oxidant, and the fuel in the circulation ducts of the n intermediate plates”. Such control valves have not been previously recited so there is no antecedent basis for this term. Moreover, because several separate control valves have now been introduced, it is entirely unclear which ones are being referred to by “the control valves being configured to.” It is suggested that Applicant considering reciting something like “a plurality of control valves comprising first control valves, second control valves, third control valves… and ninth control valves where the first control valves control a in x plate, second control valves control b in x plate…and ninth control valves control c in z plate” This will allow Applicant to refer back to “the plurality of control valves” when it is intended to refer to all control valves, and to specific subset(s) of control valves when that is desired.
Similarly, Applicant’s attempt to fix the issues surrounding “circulation ducts” has simply introduced new confusion. Applicant now seemingly attempts to use the single term “circulation ducts” to introduce several different circulation ducts, including at least (1) those for circulating a heat transfer fluid, (2) those for circulating an oxidant, and (3) those for circulating a fuel witch each of those seemingly including ones that pass through the inlet end plate, ones that pass through the outlet end plate and ones that pass through the n intermediate plates (so it seems possibly nine distinct structures). But they are all recited as a single group of “circulation ducts”, with no specific structure of “circulation ducts of the outlet end plate” or “circulation ducts of the n intermediate plates” being introduced. Thus, there is no antecedent basis for “the circulation ducts of the outlet end plate” or “the circulation ducts of the n intermediate plates” at least because it is entirely unclear what exactly is being referred to.
Similarly, Applicant’s attempt to cure the deficiency of claim 2 do not ameliorate the problem, because there is still no antecedent basis for the specific “circulation ducts” recited.
Regarding claim 4, although it is now clear what “high temperature” is meant to modify, it remains a relative term with no clear understanding of what is required for a proton exchange membrane to qualify as a “high temperature” type.
Claim 5 remains indefinite because there is still no antecedent basis for the specific “control valves” that are recited, nor is there antecedent basis for “the n intermediate plate”.
Claim 11 is indefinite because there is no antecedent basis for “the ducts”. Even considering this to refer to “the circulation ducts” surely Applicant doesn’t intend the pump to be configured to circulate the heat transfer fluid through “the circulation ducts” recited in claim 1, which include not only circulation ducts for circulating heat transfer fluid, but also those for oxidant and fuel as well. Clarification is required.
Claim 19 recites specific control valves for which there is no clear antecedent basis.
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.
Claim(s) 1-7, 11, 13, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2009/0181269 to Unoki ("Unoki") in view of U.S. Patent Application Publication No. 2017/0324105 to Braillard ("Braillard"). Regarding claims 1, 3 and 5, Unoki discloses a fuel cell stack including, in order, a first end plate (71), a stacked plurality of first unit cells (110), a first intermediate collector plate (52), a stacked plurality of second unit cells (210), a second intermediate collector plate (53) a stacked plurality of third unit cells (310) and a second end plate (70).
Regarding the first and second end plates (71 and 70), the first end plate (71) includes through-holes 172I and 2721 corresponding to anode gas (fuel) inlets; 173I and 2731 corresponding to cathode gas (oxidant) inlets, and 174I and 2741 corresponding to heat transmission medium inlets. Id. at Paragraph [0210] and Figure 1. Each through hole includes a corresponding valve to control flow therethrough. Thus, the first end plate (71) is considered to correspond to the recited inlet end plate with the through holes corresponding to the recited ducts. The second end plate (70) includes through holes 72E, 73E, and 74E corresponding respectively to anode gas outlet, cathode gas outlet, and heat exchange medium outlet. Id. Each of those through holes also includes a corresponding valve to control flow therethrough. Thus, the second end plate (70) is considered to correspond to the recited outlet end plate with the through holes corresponding to the recited ducts.
The first and second intermediate collector plates (52 and 53) are considered to correspond to the recited n-intermediate plates with n = 2, and each of the stacked plurality of first unit cells (substack P), the stacked plurality of second unit cells (substack Q), and the stacked plurality of third unit cells (substack R) is considered to correspond to a substack, resulting in the recited n+1 substacks of the stack. Unoki at paragraphs [0191], [0192] and Figure 1.
The first intermediate collector plate (52) includes through holes 1521, 2521 and 52E for anode gas passage; through holes 1531, 2531 and 53E for cathode gas passage; and through holes 1541, 2541 and 54E for heat exchange medium passage. Id. at paragraphs [0266]-[0276] and Figure 10. Similarly, the second intermediate collector plate (53) includes through holes 152I and 52E for anode gas passage; through holes 153I and 53E for cathode gas passage, and through holes 154I and 54E for heat transmission medium passage. Id. at paragraphs [0294] and [0295] and Figure 11. Those recited through holes are considered to correspond to the recited ducts.
Each intermediate collector plate (52 and 53) includes on-off units for controlling anode gas supply (182I and 2821); on-off units for controlling cathode gas supply (183I and 2821), and on-off units for controlling heat transmission medium inlet (184I and 2841). Id. at paragraphs [0194]-[0196] and Figs. 10 and 11. These on-off units are valve assemblies, including at least a shaft and rotation component connected to the shaft that are external to the collector plate. Id. at Paragraphs [0279] and [0285] and Figures 10 and 11.
In operation, the various control valves and the separate 17x and 27x inlet portions for each of the anode, cathode, and heat transmission medium allow for an operation mode where each of those three materials are provided only to substack Q (m = 1). Id. at paragraph [0310].
Regarding the individual cells, each is a polymer electrolyte fuel cell having an ion-conductive polymer electrolyte membrane having an anode on one side thereof and a cathode on the other side thereof. Id. at paragraph [0234]. At the anode, hydrogen gas (fuel) is converted into protons that traverse the polymer electrolyte membrane (i.e., proton conduction) to combine with oxygen as oxidant in the cathode and form water.
Unoki is silent regarding whether individual cells are separated by a bipolar plate. Nonetheless, use of a bipolar plate as an efficient way to connect the fuel cells of a fuel cell stack in series to allow for high current output was commonly known and in accordance with the manner in which adjacent cells of each substack are arranged in Unoki. Braillard at paragraph [0004] discussing common fuel cell arrangements. Thus, the Office finds use of a bipolar plate for separating adjacent cells in each of the substacks of Unoki amounts to nothing more than the obvious use of a commonly known structure for its intended purpose of efficiently physically separating adjacent cells while providing series electrical connection.
Further regarding claim 2, Unoki discloses that the heat transmission medium supply manifold circuit is used in certain pre-heating operations and may also be used with cooling water. Id. at paragraphs [0037] and [0301].
Further regarding claim 4, it is noted that the membrane of Unoki is configured to operate at elevated catalytic reaction temperature, and thus considered to necessarily be a high temperature membrane since it is capable of operating at elevated temperature.
Further regarding claim 6, the various manifolds of Unoki connecting the heat transmission medium inlets on end plate (71) to the heat transmission medium outlet on end plate (70), the anode gas inlets on end plate (71) to the anode gas outlet on end plate (70), and the cathode gas inlets on end plate (71) to the cathode gas outlet on end plate (70) are considered to correspond to the recited circuit for circulating heat transfer fluid, circuit for circulating fuel, and circuit for circulating oxidant respectively. Unoki discloses that its fuel cell is configured to generate power to be output to external systems, but does not expressly disclose that this circuit includes an energy storage device.
Nonetheless, known applications for the power generating by fuel cells includes energy storage that allows the energy to be used at a later time when fuel cell operation is not optimal and thus inclusion of energy storage in that circuit is considered obvious.
Further regarding claims 7 and 13, Unoki discloses included temperature sensors for determining the temperature of the heat transmission fluid and a need to control the temperature thereof for both heating and cooling the fuel cell stack, but is silent regarding inclusion of a heat exchanger for heating and a heat exchanger for cooling. Nonetheless, heat exchangers are common means of adjusting the temperature of a heat transmission fluid and thus inclusion of one for heating and one for heating of the heat transmission fluid of Unoki is considered to be nothing more than the obvious use of a known structure for its intended purpose to achieve a taught need in a predictable manner.
Further regarding claim 11, Unocki discloses that pipes and a pump may be used for circulating the heat transmission fluid. Id. at paragraph [0306].
Further regarding claim 18, “dead-end” mode operation where an purge valve is closed at the hydrogen side outlet during normal operation and opened to purge impurities from time to time was a commonly known method of operating hydrogen fuel cells at the time of invention. See, e.g., Background of the Invention section of U.S. Patent Application Publication No. 2016/0301090 as evidentiary support for the finding that dead-end operation was widely known to those of ordinary skill in the art at the time of invention. Accordingly, operating the fuel cell of Unocki by keeping its fuel outlet control valve closed until enough impurities build up that power output drops as a means of ensuring maximum hydrogen utilization is considered nothing more than the obvious use of a known method of operation to achieve a predictable result.
Further regarding claim 19, as noted below, Unocki discloses that : “The . . . heat transmission medium outlet 74E [is] formed by members connectible to external pipes. In the present embodiment, as shown in the Figures, each discharge outlet includes a through-hole and a nozzle connected to the through hole. The nozzle may be replaced by a known means such as a valve.” (emphasis added). The Office interprets this recitation that the medium outlet, which may include a valve, are “connectible to external pipes” as a statement that the entirety of the medium outlet is considered to be internal to the end plate. Alternatively, the Office finds that choosing whether to place the valve internal or external to the plate is nothing more than a standard design choice based on a preference for compact size and easy accessability, and given the finite range of two choice regarding internal vs. external placement, the person of ordinary skill in the art at the time of invention would have reason to try either of those.
Further regarding claim 20, during the pre-heating falling a start command, the various control valves are configured so that fuel, oxidant, and heat transmission fluid are only provided to substack Q and not to substack P or substack R. Unocki. at Figure 13 and paragraphs [0310]-[0314].
Claims 12 and 14-17 are rejected under 35 U.S.C. 103 as unpatentable over Unocki and Braillard and further in view of U.S. Patent Application Publication No. 2009/0311565 to Ishikawa (“Ishikawa”). Unocki and Braillard are applied as described above. As noted above, Unocki discloses use of heat transmission fluid both to cool and warm up the fuel cell stack at various points of operation.
Further regarding claims 12 and 14, Unocki is silent regarding a 3-way valve configured to selectively direct the heat transmission fluid to either a heating or cooling device. Ishikawa is similarly directed to hydrogen fuel cell systems that need to be cooled during normal operation but may need to be warmed-up at start-up. To achieve this goal, Ishikawa includes a cooling circuit that includes a closed circuit passing through the fuel cell stack, and an external circuit that includes a three-way valve that may send the heat transmission fluid to a heat-exchanger to cool off the fluid when the heat transmission fluid is aimed at cooling the fuel cell stack, and alternatively, may be used to divert the heat transmission fluid away from the cooling heat-exchanger and towards a heater heat-exchanger, when the fuel cell requires heat transmission fluid to be raised during start-up or other times of cold operation. Ishikawa at paragraph [0088] and Figure 31. Thus, as a means of arriving at heat transmission fluid having the required temperature for the given conditions (i.e., heating the fluid up at start-up so that it is at the eventually operating temperature of the fuel cell as taught, or cooled when the fluid is used to remove heat from the fuel cell stack during operation), the person of ordinary skill in the art at the time of invention would have found use of a 3-way valve to direct flow to either a heating or cooling element to be nothing more than the obvious use of a commonly known structure for its intended purpose to achieve a predictable result.
Regarding claims 15 and 16, Unocki discloses that hydrogen may be used as the fuel of its fuel cell and air as the oxidant. It is silent regarding the source of the hydrogen or air. Nonetheless, Ishikawa discloses a hydrogen tank as a known hydrogen source for a such a fuel cell stack, and an air compressor for provision of air as oxidant. Thus, use of a hydrogen tank as the hydrogen source and an air compressor for air/oxidant in Unocki is considered to be nothing more than the obvious use of a commonly known structure for its intended purpose to achieve a predictable result.
Further regarding claim 17, Ishikawa discloses a recirculation loop including a hydrogen pump to reinject hydrogen exiting the outlet of the fuel cell stack back in to the inlet in order to reuse any unreacted hydrogen coming out of the fuel outlet of the end plate. At paragraph [0074]. Thus, use of a recirculation loop in the fuel cell system of Unocki would have been obvious to the person of ordinary skill in the art at the time of invention as a means of increasing hydrogen utilization.
Response to Arguments
Applicant's arguments filed April 7, 2026, have been fully considered but they are not persuasive. Applicant argues that Unoki is silent regarding a control valve being provided in the outlet 74E of the endplate. This argument ignores paragraph [0208] of Unoki which expressly states: “The . . . heat transmission medium outlet 74E [is] formed by members connectible to external pipes. In the present embodiment, as shown in the Figures, each discharge outlet includes a through-hole and a nozzle connected to the through hole. The nozzle may be replaced by a known means such as a valve.” (emphasis added).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/WYATT P MCCONNELL/Examiner, Art Unit 1727
1 See also U.S. Patent Application Publication No. 2013/0171536 at paragraphs [0037] and [0046]
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