CTNF 18/068,612 CTNF 82989 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Election/Restrictions 08-25 AIA Applicant's election with traverse of Group I, claims 1-8 and 14-20 in the reply filed on 3/31/2026 is acknowledged. The traversal is on the ground(s) that claim 1 is embedded in claim 9 and the invention of claim 9 cannot be practiced without practicing the invention of claim 1 . This is not found persuasive because after the product water is evaporated in the heat exchanger, it is sent to different locations for Group I and Group II. In Group I, the evaporated water is sent to air-conditioning system, while in Group II it is sent to a turbine. Therefore, the systems in Groups I and II are not the same and would require individual searches . The requirement is still deemed proper and is therefore made FINAL. 08-05 AIA Claim s 9-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention , there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/31/2026 . Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1 and 14 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Uehara (U.S. Patent Publication 2008/0152976) . Regarding claims 1 and 14, Uehara discloses a fuel cell system for a vehicle comprising: a fuel cell stack 10 that is provided with hydrogen and air that react to create energy, and a refrigeration cycle that comprises a compressor 41 to compress refrigerant that runs through an exhaust gas heat exchanger 44 that exchanges heat between the refrigerant and the water generated by the fuel cell (Paragraphs 0003, 0029-0031, 0044-0046, 0071). Uehara teaches every limitation of claims 1 and 14 of the present invention and thus anticipates the claims . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 2-4 and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uehara (U.S. Patent Publication 2008/0152976) . The teachings of Uehara have been discussed in paragraph 5 above. Uehara fails to specifically teach that the heat exchanger is connected to the air conditioning system through a valve that allows for product water to accumulate or flow when in a shut or open mode. Uehara teaches the use of switch valves 48 and 49 in the system to change directions or movement of refrigerant flowing through the system (Paragraphs 0059, 0060). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention that these valves effect the movement of the product water through the system when they change the movement of the refrigerant due to the refrigerant being mixed with the product water in the heat exchanger . Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-35 Claim s 1-8 and 14-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-9, 19 and 20 of copending Application No. 18/908342 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because Application No. 18/908342 teaches a thermal management system for a fuel cell vehicle, the thermal management system comprising: a compressor configured to compress refrigerant; a refrigerant-water heat exchanger provided to enable the compressor to suction the refrigerant therein, wherein the refrigerant-water heat exchanger has a first heat exchanger provided therein and configured to perform heat exchange between the refrigerant and product water generated by a fuel cell and discharged from a fuel cell stack; an accumulator provided to enable the compressor to suction the refrigerant therein, wherein the accumulator has a second heat exchanger provided therein and configured to perform heat exchange between the refrigerant and the product water generated by the fuel cell; a flow control valve installed on a product water line configured to supply the product water, wherein the flow control valve controls an opening state thereof so as to selectively supply the product water to one of the first heat exchanger or the second heat exchanger, or to both of the first heat exchanger and the second heat exchanger; and a controller configured to control the opening state of the flow control valve . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITTANY L RAYMOND whose telephone number is (571)272-6545. The examiner can normally be reached Monday-Friday 9 am-6 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niki Bakhtiari can be reached at 571-272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. BRITTANY L. RAYMOND Primary Examiner Art Unit 1722 /BRITTANY L RAYMOND/ Primary Examiner, Art Unit 1722 Application/Control Number: 18/068,612 Page 2 Art Unit: 1722 Application/Control Number: 18/068,612 Page 3 Art Unit: 1722 Application/Control Number: 18/068,612 Page 4 Art Unit: 1722 Application/Control Number: 18/068,612 Page 5 Art Unit: 1722 Application/Control Number: 18/068,612 Page 6 Art Unit: 1722 Application/Control Number: 18/068,612 Page 7 Art Unit: 1722 Application/Control Number: 18/068,612 Page 8 Art Unit: 1722
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