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 Arguments
The following is in response to the applicant’s remarks filed 12/22/25.
The applicant submits that the amendments overcome the previous rejection.
The examiner agrees, and the previous rejection is withdrawn. The new basis for rejection below relies upon new prior art from the IDS filed 12/11/25. 1. Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on 12/11/26 prompted the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 609.04(b).
Claim Rejections - 35 USC § 103
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 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.
Claims 1, 3, 6, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Enjoji, US20040185315A1, and Masataka, JP2014225406A (in IDS filed 12/11/25).
Regarding claim 1, Enjoji teaches a fuel cell system configured to adjust a water content in a cathode gas and an anode gas supplied to a fuel cell stack including a plurality of power generation cells stacked together [0002][0012], comprising:
a second humidity sensor (humidity sensor (42)) disposed inside at least one of the power generation cells and configured to detect humidity of the anode gas [0041]; and
a controller (controllers (92)) configured to determine, on a basis of the humidity of the cathode gas and the humidity of the anode gas detected by the second humidity sensor, whether the anode gas and the cathode gas are in a state in which condensation is occurring [0059], and
in a case where at least one of the cathode gas or the anode gas is determined to be in the state in which condensation is occurring, decrease a water content in the at least one of the cathode gas or the anode gas (prevents condensate from occurring)[0059] wherein each of the power generation cells comprises a membrane electrode assembly and a separator sandwiching the membrane electrode assembly [0004].
Enjoji does not teach a first humidity sensor disposed inside at least one of the power generation cells and configured to detect humidity of the cathode gas, and the first humidity sensor and the second humidity sensor are provided between the membrane electrode assembly and the separator.
Masataka teaches a fuel cell system comprising a humidity sensor disposed within a power generation cell (fuel cell) configured to detect humidity [0001][0008] and the first humidity sensor (54) and the second humidity sensor (plurality of sensors)[0054] are provided between the membrane electrode assembly (electrolyte membrane (20) and catalyst layers (22a)(24b))[fig. 2][0039] and the separator (cathode (16) and anode separators (18))[fig. 1]. Further, Masataka teaches that humidity sensors disposed between the MEA and the separator can suppress flooding by measuring humidity at a high accuracy [0008]. Then, it would have been obvious to combine the humidity sensor location of Masataka into the fuel cell of Enjoji to suppress flooding.
Regarding claim 3, combined Enjoji teaches the fuel cell system according to claim 1,
Further, Masataka teaches wherein the first humidity sensor is provided in at least one of a cathode inlet space that is in communication with a cathode inlet hole formed in the separator or a cathode outlet space that is in communication with a cathode outlet hole formed in the separator, and the second humidity sensor is provided in at least one of an anode inlet space that is in communication with an anode inlet hole formed in the separator and an anode outlet space that is in communication with an anode outlet hole formed in the separator (humidity sensors formed in the vicinity of fuel and oxygen gas passages)[0031].
Further, Enjoji teaches humidity sensors (42) formed on the inlet side [fig. 1].
Regarding claim 6, combined Enjoji teaches the fuel cell system according to claim 1.
Further, Enjoji teaches further comprising: a cathode pump (compressor (48)) configured to supply the cathode gas to the fuel cell stack (22); and a humidifier (52) configured to humidify the cathode gas supplied from the cathode pump [fig. 1][0029][0005],
wherein in a case where the controller determines that the cathode gas is in the state in which condensation is occurring, the controller executes at least one of a gas increasing operation of increasing supply of the cathode gas by controlling the cathode pump or a humidification decreasing operation of decreasing an extent of humidification of the cathode gas by controlling the humidifier [0012][0029][0032].
Regarding claim 8, combined Enjoji teaches the fuel cell system according to claim 6,
Further, Enjoji teaches further comprising a cooler (heat exchangers (36)(50)[0028][0029] configured to cool a coolant discharged from the fuel cell stack and supply the coolant cooled by the cooler to the fuel cell stack (cools inlet feeds).
wherein the controller controls the temperature to execute temperature increasing operation of increasing a temperature of the system in a case where the controller determines that condensation is occurring in at least one of the cathode gas or the anode gas (controls temperature to prevent condensation)[0053]
Regarding claim 9, combined Enjoji teaches the fuel cell system according to claim 7,
Further, Enjoji teaches further comprising a cooler (heat exchangers (36)(50)[0028][0029] configured to cool a coolant discharged from the fuel cell stack and supply the coolant cooled by the cooler to the fuel cell stack.
wherein the controller controls the temperature to execute temperature increasing operation of increasing a temperature of the system in a case where the controller determines that condensation is occurring in at least one of the cathode gas or the anode gas (controls temperature to prevent condensation)[0053]
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Enjoji, US20040185315A1, and Masataka, JP2014225406A as applied to claim 1 above, and further in view of Watanabe, US20230282849A1.
Regarding claim 7, combined Enjoji teaches the fuel cell system according to claim 1, further comprising:
Further, Enjoji teaches a circulation pump (38) disposed in a circulation path (40) configured to allow the anode gas discharged from the fuel cell stack to return to the fuel cell stack [0028];
an ejector (3) disposed in the circulation path from the circulation pump to the fuel cell stack [0005];
an anode gas tank (30) connected to the ejector and configured to store the anode gas to be supplied to the circulation path [0005]; and
wherein in the case where the controller determines that condensation is occurring in the anode gas, controls the anode gas tank to supply the anode gas to the ejector, or a gas increasing operation in which the controller controls the circulation pump to increase the amount of the anode gas to be supplied to the ejector [0052][0053]
a discharge valve (74) disposed in a purge path from the fuel cell stack, and wherein in the case where the controller determines that condensation is occurring in the anode gas, the controller executes at least one of a gas supply operation in which the controller opens the discharge valve to let the gas discharged (discharge cathode off-gas) from the fuel cell stack flow to the purge path [0050]
Combined Enjoji does not teach a discharge valve disposed in a purge path branched from the circulation path from the fuel cell stack to the circulation pump for discharging anode gas.
Watanabe teaches a fuel cell system comprising an anode supply system (16) comprising a discharge valve (42) disposed in a purge path (purge path (34) branched from the circulation path (32) from the fuel cell stack to the circulation pump (38) for discharging anode gas [fig. 3][0026]. Further, Watanabe teaches that the anode side discharge path allows anode contents to be discharged from the system [0034]. Then, it would have been obvious to one of ordinary skill in the art prior to filing to combined the anode side discharge path of Watanabe into the fuel cell system of combined Enjoji to allow for the anode side to be discharged.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Enjoji, US20040185315A1, and Masataka, JP2014225406A as applied to claim 1 above, and further in view of Matsuoka, US20060222924A1, and Park, US20050079401A1.
Regarding claim 10, combined Enjoji teaches the fuel cell system according to claim 1.
Further, Enjoji teaches wherein the plurality of the power generation cells are stacked (stack)[0032]
Combined Enjoji does not teach one humidity sensor of the power generation cells located at a center in the stacking direction of the power generation cells the first humidity sensor and the second humidity sensor are provided for each of the power generation cells located on both ends in a stacking direction of the power generation cells.
Park teaches the first humidity sensor and the second humidity sensor are provided for each of the power generation cells located on both ends in a stacking direction of the power generation cells (humidity sensor at the cathode/anode inlet/outlet)[0020][0021][0022]. The measuring device placement on the ends of the fuel cell stack does not change the measurement performance of the sensor. Then. it would have been obvious to one of ordinary skill in the art to combine the placement of Park into combined Enjoji as an obvious rearrangement of parts.
Matsuoka teaches a fuel cell stack system [0001] comprising a humidity sensor wherein one humidity sensor of the power generation cells located at a center in the stacking direction of the power generation cells [0074]. The measuring device placement on the ends of the fuel cell stack does not change the measurement performance of the sensor. Then, it would have been obvious to one of ordinary skill in the art prior to filing to combine the sensor position of Matsuoka into the system of combined Enjoji as an obvious rearrangement of parts.
Conclusion
Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on 12/11/26 prompted the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 609.04(b). 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 PATRICK M GREENE whose telephone number is (571)270-1340. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at (571)270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK MARSHALL GREENE/Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724
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