CTNF 18/140,319 CTNF 97569 DETAILED ACTION 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Election/Restrictions 08-25 AIA Applicant's election with traverse of claims 1-9 in the reply filed on 04/09/2026 is acknowledged. The traversal is on the ground(s) that the apparatus of claim 1 cannot be used to practice another and materially different process, because it defines the operations performed by the controller of the system of claim 1 . This is not found persuasive because as stated in the restriction requirement, the apparatus can be used to perform another and materially different process, such as a method of controlling the temperature of a fuel cell system by circulating the cooling medium . The requirement is still deemed proper and is therefore made FINAL. 08-05 AIA Claim s 10-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention , there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 04/09/2026 . Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15-aia AIA Claim(s) 1-3 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Foreign Publication JP2006309971A . Regarding claim 1 , Goto discloses a fuel cell system ([0020] fuel cell system 102) comprising: an air flow line connected to a cathode ([0029] air supply system with air supply pipe 214 that serves as an air electrode passage); a cut-off valve provided in the air flow line configured to adjust an opened/closed state of the air flow line ([0029] air supply system includes air pressure regulating valve 213); a cooling medium configured to cool or heat a fuel cell stack ([0035] cooling water); and a controller ([0038] system control unit 225) configured to adjust a position of the cut-off valve between the opened position and the closed position according to a driving mode of the fuel cell stack ([0044] if determination indicates need for driving force, idle stop state is released, power generation is started; [0044] air pressure regulating valve 213 is opened, power generation begins) and to further adjust the position of the cut-off valve on the basis of a temperature of outside air or a temperature of the cooling medium ([0048] current drawn from the fuel cell stack 201 is variable depending on the temperature of the fuel cell stack 201; [0036] temperature of the fuel cell stack is substituted with ambient temperature or coolant temperature; [0048] air supply for current production is controlled during change between idle and idle stop state). Regarding claim 2 , Goto further discloses wherein the controller further adjusts the position of the cut-off valve on the basis of the temperature of the outside air or the temperature of the cooling medium during a startup of the fuel cell stack ([0048] current drawn from the fuel cell stack 201 is variable depending on the temperature of the fuel cell stack 201; [0036] temperature of the fuel cell stack is substituted with ambient temperature or coolant temperature; [0048] air supply for current production is controlled during change between idle and idle stop state). Regarding claim 3 , Goto discloses wherein, during a startup of the fuel cell stack, the position of the cut-off valve is further adjusted on the basis of the temperature of the outside air ([0048] current drawn from the fuel cell stack 201 is variable depending on the temperature of the fuel cell stack 201; [0036] temperature of the fuel cell stack is substituted with ambient temperature or coolant temperature; [0048] air supply for current production is controlled during change between idle and idle stop state), and wherein, during control of a voltage lower limit of the fuel cell stack, the position of the cut-off valve is further adjusted on the basis of the temperature of the cooling medium ([0047] controlling power generated so that the voltage of the fuel cell stack 201 when it transitions to the idle state and power generation starts is below a predetermined value, i.e., below the degradation acceleration potential at which the degradation of the fuel cell stack 201 is accelerated; [0048] current drawn from the fuel cell stack 201 is variable depending on the temperature of the fuel cell stack 201; [0036] temperature of the fuel cell stack is substituted with ambient temperature or coolant temperature; [0048] air supply for current production is controlled during change between idle and idle stop state) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foreign Publication JP2006309971A, hereafter Goto in view of Published Application US20200194812A1, hereafter Jeon . Regarding claim 4 , Goto discloses the invention as stated above for claim 1. Goto is silent on wherein the controller configures a reference temperature range of the outside air or of the cooling medium and further adjusts the position of the cut-off valve when the temperature is above or below the reference temperature range. In the analogous art of fuel cell stack air supply control, Jeon discloses wherein the controller configures a reference temperature range of the outside air or of the cooling medium and further adjusts the position of the cut-off valve when the temperature is above or below the reference temperature range ([0033] minimum flow rate of air is increased based on temperature of cooling water and ambient air temperature to prevent freezing in the exhaust system). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Goto to configure the controller to have a reference temperature range for the outside air or cooling medium below which the air pressure regulating valve is further opened as disclosed by Jeon in order to increase the air flow rate to prevent freezing in the exhaust system, as suggested by Jeon . 07-21-aia AIA Claim (s) 5-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foreign Publication JP2006309971A, hereafter Goto , in view of Published Application US20200194812A1, hereafter Jeon , as stated above for claim 4, and further in view of Published Application US20210164582A1, hereafter Shen . Regarding claim 5 , Goto is silent on wherein the controller further adjusts the position of the cut-off valve such that the cut-off valve is further opened when the temperature of the outside air or the temperature of the cooling medium is above the reference temperature range. In the analogous art of fuel cell air supply control, Shen discloses the use of a sealing ring inside the valve to seal the valve when the valve is closed to completely stop the flow of gas ([0027]). Shen further discloses wherein the controller further adjusts the position of the cut-off valve such that the cut-off valve is further opened when the temperature of the outside air or the temperature of the cooling medium is above the reference temperature range ([0049] valve seal expands and contracts under influence of temperature changes; [0055] control system opens/closes valve to control airflow according to the air flow required by the system – the examiner notes that the controller would necessarily be reacting to changes in flow due to expansion and contraction of the seal, since it responds to system demand). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Goto to include a seal in the air pressure regulating valve as disclosed by Shen in order to completely stop the flow of gas when the valve is closed, as suggested by Shen . It would further have been obvious to also make small changes to the opening and closing of the air pressure regulating valve in order to maintain the required airflow at the proper level, since one skilled in the art would have understood the sealing material inside the valve to be expanding and contracting according to temperature, thus changing the amount of space inside the conduit and affecting airflow, necessitating small adjustments in flow control to account for the change in size of the seal. Regarding claim 6 , Goto is silent on wherein the controller further adjusts the position of the cut-off valve such that the cut-off valve is further closed when the temperature of the outside air or the temperature of the cooling medium is below the reference temperature range. In the analogous art of fuel cell air supply control, Shen discloses the use of a sealing ring inside the valve to seal the valve when the valve is closed to completely stop the flow of gas ([0027]). Shen further discloses wherein the controller further adjusts the position of the cut-off valve such that the cut-off valve is further closed when the temperature of the outside air or the temperature of the cooling medium is below the reference temperature range ([0049] valve seal expands and contracts under influence of temperature changes; [0055] control system opens/closes valve to control airflow according to the air flow required by the system – the examiner notes that the controller would necessarily be reacting to changes in flow due to expansion and contraction of the seal, since it responds to system demand). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Goto to include a seal in the air pressure regulating valve as disclosed by Shen in order to completely stop the flow of gas when the valve is closed, as suggested by Shen . It would further have been obvious to also make small changes to the opening and closing of the air pressure regulating valve in order to maintain the required airflow at the proper level, since one skilled in the art would have understood the sealing material inside the valve to be expanding and contracting according to temperature, thus changing the amount of space inside the conduit and affecting airflow, necessitating small adjustments in flow control to account for the change in size of the seal. Regarding claim 7 , Goto is silent on wherein the cut-off valve comprises a seal configured to prevent air inflow into the cathode when the cut-off valve is closed, and wherein the controller further adjusts the position of the cut-off valve on the basis of a coefficient of thermal expansion of the seal. In the analogous art of fuel cell air supply control, Shen discloses wherein the cut-off valve comprises a seal configured to prevent air inflow into the cathode when the cut-off valve is closed ([0027] sealing ring inside the valve to seal the valve when the valve is closed to completely stop the flow of gas). The examiner notes that the following limitation, “and wherein the controller further adjusts the position of the cut-off valve on the basis of a coefficient of thermal expansion of the seal” recites functional language that the system control unit 225 of Goto would have been capable of performing, as this limitation requires the adjusting of the valve, which the controller of Goto already performs, and the coefficient of thermal expansion of the seal material, which is known in the invention of modified Goto due to the skilled artisan’s selection of seal material for the valve. “Functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function” (MPEP 2114 (IV)). Shen further discloses that the valve seal expands and contracts under influence of temperature changes ([0049]), and that the control system opens/closes valve to control airflow according to the air flow required by the system ([0055]). The examiner notes that the controller would necessarily be reacting to changes in flow due to expansion and contraction of the seal, since it responds to system demand. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Goto to include a seal in the air pressure regulating valve as disclosed by Shen in order to completely stop the flow of gas when the valve is closed, as suggested by Shen . It would further have been obvious to also make small changes to the opening and closing of the air pressure regulating valve in order to maintain the required airflow at the proper level, since one skilled in the art would have understood the sealing material inside the valve to be expanding and contracting according to temperature, thus changing the amount of space inside the conduit and affecting airflow, necessitating small adjustments in flow control to account for the change in size of the seal. Regarding claim 8 , modified Goto does not explicitly disclose wherein the controller determines the degree of contraction or expansion of the seal according to a first formula, and further adjusts the position of the cut-off valve on the basis of the degree of contraction or expansion of the seal, wherein the first formula is γ=1+a(t-to) and wherein γ: degree of contraction or expansion of the seal α: coefficient of thermal expansion of the seal t 0 : reference temperature t: the temperature of the outside air or the cooling medium. However, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, that modified Goto utilizes control which reasonably implies the recited first formula because modified Goto also reasonably discloses the adjusting of the valve, which the controller of modified Goto already performs in order to maintain airflow at the proper level through the passage which contains expanding and contracting seal material, the coefficient of thermal expansion of the seal material, which is known in the invention of modified Goto due to the skilled artisan’s selection of seal material for the valve, and determining the degree of contraction according to a formula by a simple calculation with the control unit 225 of Goto , which is disclosed to be a microcomputer including a CPU ([0038]), which implicitly includes a deviation from a base, non-contracted/expanded seal at a certain temperature, and material properties, i.e. some coefficient, of the seal. Regarding claim 9 , modified Goto does not explicitly disclose wherein the controller calculates a corrected open area of the air flow line according to a second formula and accordingly further adjusts the position of the cut-off valve, wherein the second formula is A=A 0 εγ and wherein α: coefficient of thermal expansion of the seal A: corrected open area of air flow line A 0 : open area of air flow line at reference temperature ε: compensation coefficient γ: degree of contraction or expansion. However, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, that modified Goto utilizes control which reasonably implies the second formula, because modified Goto reasonably discloses the adjusting of the valve and controlling airflow based upon any deviation of contraction/expansion of the seal ( Shen [0049]; [0055]), determining the degree of contraction or expansion of the seal material, as stated above for claim 8, and performing a calculation based on a second formula, with the control unit 225 of Goto , which is disclosed to be a microcomputer including a CPU ([0038]), which implicitly includes some base reference airflow which is adjusted based upon the above noted correction due to expansion/contraction. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY HEMINGWAY whose telephone number is (571)272-0235. The examiner can normally be reached M-Th 6-4. 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, Susan Leong can be reached at (571) 270-1487. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /T.G.H./Examiner, Art Unit 1754 /JAMES M ERWIN/Primary Examiner, Art Unit 1725 06/01/2026 Application/Control Number: 18/140,319 Page 2 Art Unit: 1754 Application/Control Number: 18/140,319 Page 3 Art Unit: 1754 Application/Control Number: 18/140,319 Page 4 Art Unit: 1754 Application/Control Number: 18/140,319 Page 5 Art Unit: 1754 Application/Control Number: 18/140,319 Page 6 Art Unit: 1754 Application/Control Number: 18/140,319 Page 7 Art Unit: 1754 Application/Control Number: 18/140,319 Page 8 Art Unit: 1754 Application/Control Number: 18/140,319 Page 9 Art Unit: 1754 Application/Control Number: 18/140,319 Page 10 Art Unit: 1754
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