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 .
Response to Amendment
This is a final office action in response to Applicant's remarks and amendments filed on 7/7/2026. Claims 1 and 6 are currently amended. Claims 2-3 are cancelled. Claims 1 and 4-15 are pending review in this action.
The 35 U.S.C. 102 and 35 U.S.C. 103 rejections in the previous Office Action are withdrawn.
New grounds of rejection necessitated by Applicant's amendments are presented below.
Response to Arguments
Applicant's arguments filed 7/7/2026 have been fully considered but they are not persuasive.
Pertaining amended claim 1, Applicant contends that Kim fails to teach an engine provided in an object in which the fuel cell stack is mounted, an exhaust gas guide line, and a first heat exchanger configured to transfer heat from engine exhaust gas to supply heated air for desorbing nitrogen from the adsorbent. Applicant further argues that the proposed modification would destroy Kim’s basic principle of operation under MPEP 2143.01(V) because Kim’s combustor 200 is a critical safety feature that neutralizes unreacted hydrogen from the fuel cell stack, and that Megede uses an internal combustion engine solely as a startup/warm-up mechanism rather than for ongoing nitrogen desorption.
The arguments are not persuasive because the rejection of claim 1 has be re-formulated under 35 USC 103, as set forth below, which does not propose removing or eliminating Kim’s combustor 200 or severing the unreacted hydrogen tail-gas management loop. Rather, Megede teaches a hybrid powertrain where an internal combustion engine and a fuel cell stack are jointly mounted in a mobile object (vehicle), and explicitly teaches that high-temperature waste heat from the engine exhaust is scavenged via an exhaust guide line and heat exchanger to heat fuel cell components requiring elevated operating temperatures. Kim explicitly teaches that desorption performance of the nitrogen adsorbent improves with increased regeneration air temperature, requiring heating to at least 200 oC. Therefore, modifying Kim’s system to scavenge and route high-temperature engine exhaust gas taught by Megede to heat exchanger 300 to provide heated air for desorbing nitrogen does not impair Kim’s off-gas disposal. Instead, it combines known prior art elements according to known methods to utilize available engine waste heat, thereby reducing parasitic power consumption and increasing overall thermodynamic efficiency.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 4, 6-11 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR102374157B1 – refer to IDS filed 12/13/2022; machine translation on record).
Regarding Claim 1, Kim discloses a fuel cell system [pars. 0024,0029; Figs. 1-4] comprising:
an oxygen concentration module (nitrogen adsorbers 30-32) configured to produce oxygen-enriched air by separating nitrogen from air, wherein the oxygen concentration module comprises an adsorbent (first/second nitrogen adsorbents) configured to selectively adsorb and desorb the nitrogen based on a temperature and a pressure of the air [pars. 0039,0049-51];
a first air supply line connected (pre-cooler intake passage 101-->heat exchanger air supply passage 310-->regeneration air supply passage 80,81,82) to the oxygen concentration module and configured to supply air to the oxygen concentration module [pars. 0056, 0067-68];
a heating unit (combustion gas heat exchanger 300) provided in the first air supply line and configured to selectively heat air, which is supplied through the first air supply line, by using waste heat discharged from an external heat source (e.g., combustor 200) provided outside a fuel cell stack [pars. 0056,0067-68];
a second air supply line (external air supply passage 21-->adsorption exhaust passage 102-->41,42) connected to the oxygen concentration module and configured to supply air to the oxygen concentration module independently of the first air supply line [pars. 0044-45];
a cooling unit (pre-cooler 100) provided in the second air supply line and configured to selectively cool air, which is supplied through the second air supply line, by using outside cold energy applied from an outside (i.e., external air) of the fuel cell stack [pars. 0043-45,0061-62]; and
a stack connection line (oxygen-enriched air supply passage 50) configured to connect the oxygen concentration module and the fuel cell stack and configured to supply the oxygen-enriched air to the fuel cell stack [par. 0049].
Kim discloses that the heating unit comprises a first heat exchanger (combustion gas heat exchanger 300) configured to allow hot gas to exchange heat with the air supplied through the first air supply line to provide heated air for desorbing nitrogen from the adsorbent [pars. 0068,0085-87], but fails to explicitly discloses that the external heat source comprises an engine provided in an object in which the fuel cell stack is mounted, and that the heating unit comprises an exhaust gas guide line configured to guide exhaust gas discharged from the engine, wherein the first heat exchanger allows the engine exhaust gas to exchange heat with the air supplied through the first air supply line. However, Megede, from the same field endeavor, teaches a hybrid power drive system for a vehicle (i.e., object) comprising an internal combustionengine (combustion engine 2) and a fuel cell system 4 jointly mounted in the vehicle [Megede – C4:L37-C6:L67; Figs. 1-3]. Megede further explicitly teaches that waste heat from the engine’s hot exhaust gases is scavenged and guided via an exhaust gas guide line (exhaust pipe 21) to a heat exchanger (heating coil 22) to exchange heat with a working fluid air/feed of the fuel cell system requiring elevated operating temperatures [Megede – C5:L5-15,40-58; C6:L5-15; Figs. 1-3]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for a person having ordinary skill in the art to have employed the teachings of Megede to modify the fuel cell system of Kim wherein the external heat source comprises an engine provided in an object in which the fuel cell stack is mounted, and wherein the heating unit comprises an exhaust gas guide line configured to guide exhaust gas discharged from the engine and a first heat exchanger of Kim configured to allow the exhaust gas to exchange heat with the air supplied through the first air supply line to provide heated air for desorbing the nitrogen from the adsorbent, in order to scavenge available high-temperature waste heat from the engine exhaust to heat the regeneration air for nitrogen desorption, thereby reducing parasitic power consumption and maximizing overall system efficiency.
Regarding Claim 4, Kim discloses wherein the outside cold energy comprises at least one of cold energy of atmospheric air (i.e., external air) [pars. 0061-21; Figs. 1-4].
Regarding Claim 6, Kim discloses wherein the oxygen concentration module comprises a plurality of oxygen concentrators 31,32 connected in parallel to the first and second air supply lines 41,42, and wherein each of the plurality of oxygen concentrators accommodates the adsorbent [pars. 0039-48,0056-59; Figs. 1-4].
Regarding Claim 7, Kim discloses wherein when first oxygen concentrators (e.g., second nitrogen adsorber 32) of the plurality of oxygen concentrators perform an adsorption mode for adsorbing the nitrogen to the adsorbent, second oxygen concentrators (e.g., first nitrogen adsorber 31) of the plurality of oxygen concentrators perform a regeneration mode for desorbing the nitrogen from the adsorbent or perform a rest mode for cutting off an inflow of the air [pars. 0039,0077,0081; Fig. 2].
Regarding Claim 8, Kim discloses wherein the oxygen concentration module comprises:
a first oxygen concentrator (either of first or second nitrogen adsorbers 32,33 depending on which is operated in adsorption mode) connected to the first air supply line and the second air supply line and configured to selectively produce the oxygen-enriched air; and
a second oxygen concentrator (the other of first or second nitrogen adsorbers 32,33 depending on which is operated in adsorption mode) connected to the first air supply line and the second air supply line and configured to selectively produce the oxygen-enriched air independently of the first oxygen concentrator [pars. 0039,0077,0081,0093-95,105-112,0121,0135,0138-139; Figs. 2-4].
Regarding Claim 9, Kim discloses wherein the first and second oxygen concentrators alternately produce the oxygen-enriched air, and the stack connection line continuously supplies the oxygen-enriched air [pars. 0039,0077,0081,0093-95,105-112,0121,0135,0138-139; Figs. 2-4].
Regarding Claim 10, Kim discloses the system further comprising:
a first-first connection line (first regeneration air supply passage 81) configured to connect the first air supply line and the first oxygen concentrator and connected to the stack connection line [pars. 0056-59; Figs. 1-4];
a first-second connection line (second regeneration air supply passage 82) configured to connect the first air supply line and the second oxygen concentrator and connected to the stack connection line [pars. 0057-59; Figs. 1-4];
a second-first connection line (first adsorption air supply passage 41) configured to connect the second air supply line and the first oxygen concentrator [pars. 0043-48; Figs. 1-4];
a second-second connection line (second adsorption air supply passage 42) configured to connect the second air supply line and the second oxygen concentrator [pars. 0043-48; Figs. 1-4];
a first exhaust line (first oxygen-enriched air supply passage 51) connected to the second-first connection line [pars. 0049-51; Figs. 1-4];
a second exhaust line (second oxygen-enriched air supply passage 52) connected to the second-second connection line [pars. 0049-51; Figs. 1-4];
a first valve (first regeneration air supply valve V14) configured to selectively open or close the first-first connection line and connected to the stack connection line [pars. 0057,0082,0124; Figs. 1-4];
a second valve (second regeneration air supply valve V24) configured to selectively open or close the first-second connection line and connected to the stack connection line [par. 0058; Figs. 1-4];
a third valve (first adsorption air supply valve V11) configured to selectively open or close the second-first connection line and connected to the first exhaust line [pars. 0044,0095,0112; Figs. 1-4]; and
a fourth valve (second adsorption air supply valve V21) configured to selectively open or close the second-second connection line and connected to the second exhaust line [pars. 0045,0095,0112; Figs. 1-4].
Regarding Claim 11, Kim discloses the system further comprising an exhaust connection line (combustor air supply passage 210) connected to the first air supply line and configured to connect the first exhaust line and the second exhaust line in parallel, and an exhaust valve (first and second regeneration air discharge valves V12,V22) configured to selectively open or close the exhaust connection line [pars. 0029,0046-47,0082].
Regarding Claim 15, Kim discloses wherein the air supplied to the oxygen concentration module through the first air supply line has a first pressure and a first temperature, and the air supplied to the oxygen concentration module through the second air supply line has a second pressure and a second temperature, wherein the second pressure is higher than the first pressure and the second temperature is lower than the first temperature [par. 0061; Figs. 1-4].
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim and Megede, as applied to claim 4 above, and further in view of Goldmeer (US20050223711A1).
Regarding Claim 5, Kim fails to disclose wherein the outside cold energy comprises cold energy of seawater, wherein the cooling unit comprises a seawater supply line configured to supply the seawater, and a second heat exchanger configured to allow the seawater to exchange heat with the air supplied through the second air supply line. However, Goldmeer, from the same field of endeavor, teaches use of seawater as a well-known coolant supply for a fuel cell system comprising a cooling loop [Goldmeer – pars. 0031-33]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Goldmeer to have modified the system of Kim wherein the outside cold energy comprises cold energy of seawater, wherein the cooling unit comprises a seawater supply line configured to supply the seawater as a well-known coolant source in the art for cooling components of a fuel cell system, and a second heat exchanger configured to allow the seawater to exchange heat with the air supplied through the second air supply line.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim and Megede, as applied to claim 1 above, and further in view of Keefer (US20020004157A1).
Regarding Claim 12, Kim fails to disclose the system further comprising a bypass line configured to connect the second air supply line and the stack connection line and configured to allow the air to flow from the second air supply line to the stack connection line; and a bypass valve configured to selectively open or close the bypass line. However, Keefer, from the same field of endeavor, teaches a fuel cell system comprising an oxygen concentration module (PSA module 11) configured to produce oxygen-enriched air (i.e., PSA oxygen product ) by separating nitrogen from air, an air supply line (conduit 216) connected to the oxygen concentration module and configured to supply air to the oxygen concentration module, a bypass line 290 configured to connect the air supply line and the stack connection line (conduit 253) and configured to allow the air to flow from the air supply line to the stack connection line, and a bypass valve (flow control valve 291) configured to selectively open or close the bypass line to form a blended bypass air and oxygen-enriched air may have a mixed oxygen concentration so that a substantial benefit of partial oxygen enrichment over the fuel cell cathode is provided, while the size and power consumption of the oxygen concentration module unit is reduced [Keefer – pars. 0109-110; Fig. 9]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Keefer to have modified the system of Kim to have further comprised a bypass line configured to connect the second air supply line and the stack connection line and configured to allow the air to flow from the second air supply line to the stack connection line; and a bypass valve configured to selectively open or close the bypass line to form a blended bypass air and oxygen-enriched air may have a mixed oxygen concentration so that a substantial benefit of partial oxygen enrichment over the fuel cell cathode is provided, while the size and power consumption of the oxygen concentration module unit is reduced.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim and Megede, as applied to claim 1 above, and further in view of Kim 2 (US20080124594A1).
Regarding Claim 13, Kim fails to disclose the system further comprising a buffer tank provided in the stack connection line and configured to temporarily store the oxygen-enriched air. However, Kim 2, from the same field of endeavor, teaches a fuel cell system 100 in which a buffer tank (buffer container 138) is provided in the stack connection line and configured to temporarily store the air supplied to the fuel cell stack 110 in order to reduce the pressure of air flow to a suitable level thereby supplying a uniform amount of air to the fuel cell stack [Kim 2 – pars. 0036-39; Figs. 1-2]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Kim 2 to have modified the system of Kim to have further comprised a buffer tank provided in the stack connection line and configured to temporarily store the oxygen-enriched air in order to reduce the pressure of air flow to a suitable level thereby supplying a uniform amount of air to the fuel cell stack.
Regarding Claim 14, Kim fails to explicitly disclose the system further comprises a flow rate adjusting unit provided in the stack connection line and configured to adjust a supply flow rate of the oxygen-enriched air. However, Kim 2, from the same field of endeavor, teaches a fuel cell system 100 in which a flow rate adjusting unit (air flow rate controller 139) is provided in the stack connection line and configured to adjust a supply of air supplied to the fuel cell stack in order to supply a uniform amount of the air regardless of surrounding environments [Kim 2 – pars. 0036-39; Figs. 1-2]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Kim 2 to have modified the system of Kim to have further comprised a flow rate adjusting unit provided in the stack connection line and configured to adjust a supply flow rate of the oxygen-enriched air in order to supply a uniform amount of the air regardless of surrounding environments.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAROON S SHEIKH whose telephone number is (571)270-0302. The examiner can normally be reached 9-6.
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HAROON S. SHEIKH
Primary Examiner
Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751
Prosecution Insights