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 .
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) 1-10, 12, 13, 17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Al-Ali (U.S. Patent Publication 2012/0248252) in view of Gibbons (U.S. Patent Publication 2006/0244172).
Regarding claims 1, 8 and 10, Al-Ali discloses a fuel cell system 2, a cooling system 4 (heat exchanger) that absorbs heat from the fuel cell system and transfers it to fuel supplied by a fuel tank 6, wherein the fuel acts as a coolant (Paragraph 0034 and Fig. 1). As to claims 2 and 8, Fig. 1 of Al-Ali shows that the fuel path (coolant flow path) leaves the fuel tank 6 and is provided directly to the cooling system 4 (heat exchanger). Regarding claims 4 and 6, Al-Ali also teaches an embodiment when another heat exchanger is present in the fuel cell system and that a first cooling liquid flows through this, wherein the first cooling liquid can be ethanol or water (Paragraphs 0035-0036). As to claim 5, Al-Ali teaches that the fuel tanks can dissipate absorbed heat to the surroundings by way of the outside surfaces of the fuel tank (Paragraph 0039). Regarding claim 7, Al-Ali does not teach the use of ram air. As to claim 9, Al-Ali shows in Figs. 1 and 3 that there can be just one heat exchanger in the coolant loop (4 in Fig. 1 and 12 in Fig. 3). Regarding claim 13, Al-Ali shows in Fig. 2a that only a first cooling medium passes through the first heat transfer device 12 and that both the first cooling medium and the fuel passes through the second heat transfer device 18. As to claims 12, 17 and 20, Al-Ali discloses a cooling system comprising: a first heat transfer device 12 (heat exchanger) inside or outside a fuel cell system 2, a first cooling circuit that flows a first cooling medium through the fuel cell system and around to a second heat transfer device 18, the second heat transfer device being a part of a second circuit that flows a fuel from a fuel tank around through the second heat transfer device (Paragraphs 0035-0037 and Fig. 2a). Although Al-Ali fails to teach that the cooling medium is provided from a first coolant supply, it would have been obvious to one of ordinary skill in the art that the cooling medium would need to be provided from a component that holds the cooling medium.
Al-Ali fails to disclose that the heat exchanger channels run through cold plates.
Regarding claims 1, 8 and 11, Gibbons discloses a thermal management system for cooling power electronics 46 comprising: at least one cold plate 64 for removing heat from the power electronics and carrying it to a heat exchanger 42 where fuel (coolant) is moved through a pipe with an inlet and an outlet 54 (Paragraphs 0029 and 0034 and Figs. 2 and 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention that the heat exchangers of Al-Ali could comprise cold plates that the fluid flows through because Gibbons teaches that this is a common type of heat exchanger used for extraction of heat from power electronics by using a coolant passing through the heat exchanger.
Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Al-Ali (U.S. Patent Publication 2012/0248252) in view of Gibbons (U.S. Patent Publication 2006/0244172) as applied to claims 1-10, 12, 13, 17 and 20 above, and further in view of Brugger (De Publication 102009050309).
The teachings of Al-Ali and Gibbons have been discussed in paragraph 3 above.
Al-Ali and Gibbons fail to disclose that the second cooling medium is a pressurized cabin air.
Brugger discloses a fuel cell cooling system comprising: a fuel cell, a coolant circuit that flows through the fuel cell and to a heat exchanger, and an air coolant circuit that flows pressurized air from the cabin through the heat exchanger to cool the coolant that has absorbed heat from the fuel cell (Paragraphs 0032 and 0033), as recited in claims 14-16 of the present invention.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention that pressurized cabin air could be used instead of a fuel in the second coolant circuit of Al-Ali because Brugger teaches that this allows for cabin air to be recycled which prevents waste.
Claim(s) 11, 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Al-Ali (U.S. Patent Publication 2012/0248252) in view of Gibbons (U.S. Patent Publication 2006/0244172) as applied to claims 1-10, 12, 13, 17 and 20 above, and further in view of Hoffjann (U.S. Patent Publication 2004/0043276).
The teachings of Al-Ali and Gibbons have been discussed in paragraph 3 above. The limitations of claim 19 have been discussed in paragraph 3 above.
Al-Ali and Gibbons fail to disclose that one of the cooling fluids can comprise greywater.
Regarding claims 11 and 18, Hoffjann discloses a fuel cell system for an aircraft that inputs a flow of water from a gray water tank to an evaporator along with a liquid hydrocarbon fuel to provide fuel for the fuel cell (Paragraph 0037).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention that the fuel used in the cooling system of Al-Ali could include greywater because Hoffjann teaches that this technique allows for recycling of liquids from the different systems used in an aircraft to prevent waste.
Double Patenting
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.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 10-15 of copending Application No. 18/163814 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because Application No. 18/163814 teaches an emergency power unit system for an aircraft, comprising: a fuel cell system configured to generate power using a fuel and an oxidant, and a thermal management system in thermal communication with the fuel cell system to divert heat from the fuel cell system to the thermal management system, wherein the thermal management system includes a heat transfer device disposed in a coolant flow path configured to receive a coolant from a coolant supply to exchange heat between the fuel cell system and the coolant in the coolant flow path; or wherein the heat transfer device is a first heat transfer device, and wherein the thermal management system further includes a second heat transfer device disposed in the coolant flow path to receive the first coolant from the first coolant flow path, and disposed in a second coolant flow path fluidly isolated from the first coolant flow path, configured to receive a second coolant from a second coolant supply through the second heat transfer device to exchange heat between the first coolant and the second coolant. Application No. 18/163814 also teaches that the heat transfer device can include a cold plate having a channel therein, the channel extending between and inlet and an outlet for passing a coolant through the cold plate (claim 13).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Response to Arguments
The amendments made to the claims, filed on 12/10/2025, have overcome the objections of claims 12-20 that were presented in the last Office Action. Therefore, the objections have been withdrawn.
Regarding the obviousness double patenting rejections, Applicants argue that the pending claims recite a distinct combination of feature that yields a different scope. Applicants continue to argue that the oxidant supply system of the co-pending application are not taught in the present claims. It is well known for a fuel cell system to include an oxidant supply system so that the fuel cell is able to run. Additionally, the cooling system is separate from the oxidant supply system and is set up in the same manner as that of the present invention.
Applicant’s arguments, filed 12/10/2025, with respect to the 35 USC 102 and 103 rejections, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of a newly found prior art reference.
Applicants argue that the cited art fails to teach a heat exchanger that includes a cold plate having a channel defined therein, where the channel extends between an inlet and an outlet of the cold plate for passing coolant in a coolant flow path. The new reference, Gibbons, teaches that a cold plate is commonly used as a type of heat exchanger for removing heat from power electronics by passing coolant through a pipe in the cold plate.
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.
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BRITTANY L. RAYMOND
Primary Examiner
Art Unit 1722
/BRITTANY L RAYMOND/ Primary Examiner, Art Unit 1722