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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR10-2022-0084537, filed on 7/8/2022.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4, 6-11 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (KR102374157B1 – refer to IDS filed 12/13/2022; machine translation attached).
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 [pars. 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, 0068];
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 (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) 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].
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 and configured to accommodate adsorbents that selectively adsorb and desorb the nitrogen based on a temperature and pressure of the air [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].
Regarfing 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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim, as applied to claim 1 above, and further in view of Megede (US6276473B1).
Regarding Claims 2-3, Kim discloses the external heat source comprises a combustor 200, but fails to disclose wherein the external heat source comprises at least one of an engine or a battery 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 configured to allow the exhaust gas to exchange heat with the air supplied through the first air supply line. However, Megede, from the same field of endeavor, teaches a fuel cell system comprising an air supply line 8 configured to supply air to fuel cell module 4, and a heating unit (gas generating device 3) 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 (combustion engine 2) provided outside a fuel cell stack, wherein the external heat source comprises an engine (combustion engine 2) provided in an object (vehicle) in which the fuel cell stack is mounted, and wherein the heating unit comprises an exhaust gas guide line (exhaust pipe 21) configured to guide exhaust gas discharged from the engine, and a first heat exchanger (heating coil 22) configured to allow the exhaust gas to exchange heat with the air supplied through the first air supply line [Megede – C4:L37-C6:L35]. 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 wherein the external heat source comprises an engine (i.e., combustion engine) provided in an object in which the fuel cell stack is mounted, as a well-known alternative in the art to a combustor for heating air supply of a fuel cell system, 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 configured to allow the exhaust gas to exchange heat with the air supplied through the first air supply line.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim, 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, 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, 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
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.
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, JONATHAN LEONG can be reached at (571) 270-1292. 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.
HAROON S. SHEIKH
Primary Examiner
Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751