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 .
FUEL CELL SYSTEM CONTROL APPARATUS, SYSTEM INCLDUING THE SAME, AND METHOD THEREOF
Examiner: Adam Arciero S.N. 18/132,139 Art Unit 1727 September 28, 2026
DETAILED ACTION
Applicant’s response filed on May 06, 2026 has been received. Claims 1-20 are currently pending. Claim 1 has been amended. Claims 14-20 are withdrawn from consideration.
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 Rejections - 35 USC § 102
The claim rejections under 35 USC 102(a)(1) as being anticipated by Dionne on claims 1-13 are maintained.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dionne (US 2021/0376361 A1).
As to Claim 1, Dionne discloses a fuel cell system control apparatus, comprising: a memory configured to store computer-executable instructions; and a processor configured to access the memory and configured to monitor a voltage output from the array of fuel cell stacks (reads on amount of accumulated power); and to control power of each of the fuel cell stacks based on the monitored accumulated power and depending on the required power (paragraphs [0012, 0058-0059 and 0092]). In addition, the control apparatus of Dionne comprises the same claimed structure and therefore is further intrinsically configured to perform the claimed functions, see MPEP 2112 and 2114. The claimed memory/processor does not positively recite that computer-executable instructions that perform the claimed functions are present and therefore the claimed control apparatus is not structurally different from that disclosed by Dionne.
As to Claims 2-13, Dionne discloses the same claimed control apparatus as discussed above. Dionne further discloses monitoring the degradation of the fuel cells over time in order to maintain a desired power output and when the desired power output can no longer be met, a stack changeout occurs (replacing unusable fuel cells) (paragraph [0055]). Therefore, the control apparatus of Dionne is intrinsically configured to perform all of the claimed functions, see MPEP 2112. Furthermore, the courts have held that apparatus claims cover what a device is, not what a device does, and functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function. See Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), MPEP 2114, II and see In re Translogic Technology, Inc., 504 F.3d 1249, 1258, 84 USPQ2d 1929, 1935-1936 (Fed. Cir. 2007), MPEP 2114, IV.
Response to Arguments
Applicant's arguments filed May 06, 2026 have been fully considered but they are not persuasive.
Applicant’s principle arguments are:
a) Dionne fails to teach the claimed first and second controllers that monitor and control the amount of accumulated power (claim 13).
In response to Applicant’s arguments, please consider the following comments:
a) The control unit of Dionne monitors and controls the voltage and/or current of the each of the fuel cell stacks to meet power output requirements (reads on monitoring and controlling the cumulative power) and therefore reads on the claimed first and second controller (paragraphs [0058-0059 and 0061]). The claims do not structurally or functionally differentiate the control apparatus from that of Dionne. In addition, the courts have held that apparatus claims cover what a device is, not what a device does, and functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function. See Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), MPEP 2114, II and see In re Translogic Technology, Inc., 504 F.3d 1249, 1258, 84 USPQ2d 1929, 1935-1936 (Fed. Cir. 2007), MPEP 2114, IV.
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 ADAM ARCIERO whose telephone number is (571)270-5116. The examiner can normally be reached Monday-Friday 8:00-5 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at (571)272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM A ARCIERO/ Primary Examiner, Art Unit 1727
