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 .
Response to Amendment
The amendments filed February 27, 2026, have been entered. Accordingly, claims 1-7, 9-15, and 17-22 are currently pending.
Claim Interpretation
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
a supervisory management module in claim 1 and 9. For purposes of examination: a hardware component that is in electronic communication with the fuel cell and the transport refrigeration unit through a wired or wireless connection; or a software module (Applicant Specification Publication [0008-0009]).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 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.
Claim 1-2, 4, 6-7, 9-10, 12, and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ducher (US 20200391574 A1) in view of Washington (US 20050242588 A1).
In re Claim 1, Ducher discloses a transport refrigeration system (200) comprising:
a transport refrigeration unit (22) configured to provide conditioned air (138) to a refrigerated cargo space (119) of a transport container (106; [0036]);
a fuel cell (fuel cell battery system of 350; See [0043]: The energy storage device 350 may include a battery system) configured to provide electricity (See [0043]) to the transport refrigeration unit (22); and
a supervisory management module (310) configured to control operation ( [0047]: the power management module 310 is in electrical communication with the transportation refrigeration unit 22 and in electrical communication with 350) of the transport refrigeration unit (22) and the fuel cell (fuel cell battery system).
wherein the supervisory management module (310) is configured to control operation of the transport refrigeration unit (22), the fuel cell (battery system of 350), based on fuel cell parameters from the fuel cell, based on refrigeration parameters from the transport refrigeration unit ([0047]; [0051-0052]; and [0054]: in response to transportation refrigeration unit parameters and fuel cell 350 parameters; while the DC-to-AC variable invertor 370 is illustrated in FIG. 1 as being separate from the energy storage device 350 and the transportation refrigeration unit, in various embodiments, the DC-to-AC variable invertor 370 may be incorporated in the energy storage device 350 or the transportation refrigeration unit 22).
Ducher does not explicitly teach, a fuel tank configured to store fuel and provide the fuel to the fuel cell; wherein the supervisory management module is configured to control operation of the fuel tank, based on fuel tank parameters from the fuel tank.
However, Washington teaches a fuel tank (12) configured to store fuel ([0059]: ) and provide the fuel (14) to the fuel cell (92 corresponding to fuel cell of Ducher), wherein the supervisory management module the fuel tank (Washington 12) based on fuel tank parameters from the fuel tank.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have taken the teachings of Ducher and to have modified them by having a fuel tank configured to store fuel and provide the fuel to the fuel cell of Ducher as taught by Washington, wherein the supervisory management module of Ducher is configured to control a mass flow of the fuel from the fuel tank of Ducher to the fuel cell of Ducher as taught by Washington, in order to provide more efficient fuel cell operation and for generating electric power rather than only directing hydrogen as an additive stream to an engine (See Washington [0059], [0065] and [0078]), without yielding unpredictable results.
In re Claim 2, Ducher discloses wherein the supervisory management module (310) is configured to control operation of the transport refrigeration unit (22) and the fuel cell (350) refrigeration parameters from the transport refrigeration unit ([0047]: in response to transportation refrigeration unit parameters).
In re Claim 4, Ducher discloses wherein the supervisory management module (310) is a software module ([0051]: 310 is a computer program product, i.e., software) that is installed on the transport refrigeration unit (22)| See [0051]).
In re Claim 6, Ducher discloses further comprising:
an energy storage device (350) configured to store the electricity ([0043]) from the fuel cell (fuel cell battery system of 350) and provide the electricity to the transport refrigeration unit (22)|(provide electrical energy to the transportation refrigeration unit 22),
wherein the supervisory management module (310) is configured to control the electricity ([0047]) sent from the fuel cell (fuel cell battery system of 350) to the energy storage device (350) and
the electricity sent from the energy storage device (350) to the transport refrigeration unit (22) |([0043]: 22 is powered by the energy storage device 350, which provides electrical energy to the transportation refrigeration unit 22 ).
In re Claim 9, Ducher discloses a method of operating a transport refrigeration system (Fig. 1-2: 200), the method comprising: providing conditioned air (138) to a refrigerated cargo space (119) of a transport container (106; [0036]) using a transport refrigeration unit (22); providing electricity (See [0043]) to the transport refrigeration unit (22) using a fuel cell (fuel cell battery system of 350; See [0043]: The energy storage device 350 may include a battery system); and controlling operation ([0047]: the power management module 310 is in electrical communication with the transportation refrigeration unit 22 and in electrical communication with 350) of the transport refrigeration unit (22) and the fuel cell (fuel cell battery system) using a supervisory management module (310);
controlling, using the supervisory management module (310), operation of the transport refrigeration unit (22), the fuel cell (battery system of 350), based on fuel cell parameters from the fuel cell and refrigeration parameters from the transport refrigeration unit ([0047]; [0051-0052]; and [0054]: in response to transportation refrigeration unit parameters and fuel cell 350 parameters; while the DC-to-AC variable invertor 370 is illustrated in FIG. 1 as being separate from the energy storage device 350 and the transportation refrigeration unit, in various embodiments, the DC-to-AC variable invertor 370 may be incorporated in the energy storage device 350 or the transportation refrigeration unit 22).
Ducher does not explicitly teach, storing fuel and providing the fuel to the fuel cell using a fuel tank; controlling, using the supervisory management module (310), operation of the fuel tank based on fuel tank parameters from the fuel tank.
However, Washington teaches storing fuel ([0057]) and providing the fuel to the fuel cell (92 corresponding to fuel cell of Ducher) using a fuel tank (12); and controlling, using the supervisory management module ([0057]: control device corresponding to Ducher 310), an operation of the fuel tank based on fuel tank parameters from the fuel tank ([0057]: a predetermined pressure and the flow rate of fuel stream controlled with a control device).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have taken the teachings of Ducher and to have modified them by storing fuel and providing the fuel to the fuel cell of Ducher using a fuel tank as taught by Washington; and controlling, using the supervisory management module of Ducher an operation of the fuel tank based on fuel tank parameters from the fuel tank as taught by Washington, in order to provide more efficient fuel cell operation and for generating electric power rather than only directing hydrogen as an additive stream to an engine (See Washington [0059], [0065] and [0078]), without yielding unpredictable results.
In re Claim 10, Ducher discloses wherein controlling operation of the transport refrigeration unit (22) and the fuel cell (fuel cell battery system) using the supervisory management module (310) further comprises: controlling operation of the transport refrigeration unit (22) and the fuel cell (fuel cell battery system) using a supervisory management module (310) based on refrigeration parameters from the transport refrigeration unit ([0047]: in response to transportation refrigeration unit parameters).
In re Claim 12, Ducher discloses further comprising: transmitting commands ([0047]) from the supervisory management module (310) installed on the transport refrigeration unit ((22| See [0051])) to the fuel cell, wherein the supervisory management module (310) is a software module ([0051]: 310 is a computer program product, i.e., software) that is installed on the transport refrigeration unit (22| See [0051]).
In re Claim 14, Ducher discloses storing the electricity from the fuel cell ([0043]) and
providing the electricity to the transport refrigeration unit (22)|(provide electrical energy to the transportation refrigeration unit 22) using an energy storage device (350); and
controlling, using the supervisory management module (310), the electricity ([0047]) sent from the fuel cell (fuel cell battery system of 350) to the energy storage device (350) and the electricity sent from the energy storage device (350) to the transport refrigeration unit (22) |([0043]: 22 is powered by the energy storage device 350, which provides electrical energy to the transportation refrigeration unit 22).
In re Claim 15, Ducher does not explicitly teach, controlling, using the supervisory management module, a mass flow and a pressure of the fuel from the fuel tank to the fuel cell.
However, Washington teaches controlling, using the supervisory management module ([0057]: control device corresponding to Ducher 310), a mass flow and a pressure of the fuel from the fuel tank to the fuel cell ([0057]: a predetermined pressure and the flow rate of fuel stream controlled with a control device).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have taken the teachings of Ducher and to have modified them by controlling, using the supervisory management module of modified Ducher, supra, a mass flow and a pressure of the fuel from the fuel tank to the fuel cell as taught by Washington, in order to provide more efficient fuel cell operation and for generating electric power rather than only directing hydrogen as an additive stream to an engine (See Washington [0059], [0065] and [0078]), without yielding unpredictable results.
Allowable Subject Matter
Claims 21-22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As per claim 21, Ducher teaches an energy storage device configured to store the electricity from the fuel cell (350; See [0050]) and provide the electricity to the transport refrigeration unit (22). However, there are no prior art teachings that would otherwise supplement or substitute the teachings of Ducher to arrive at the claimed invention. The prior art fails to teach the arrangement of wherein the supervisory management module is configured to control the fuel cell to remain off when the fuel tank is being refilled based on fuel tank parameters from the fuel tank, fuel cell parameters from the fuel cell, refrigeration parameters from the transport refrigeration unit, and energy storage parameters from the energy storage device, wherein, in response to the fuel tank being refilled, the transport refrigeration unit obtains power from the energy storage device and secondary references fail to provide support for the claimed subject matter.
As per claim 22, there are no prior art teachings that would otherwise supplement or substitute the teachings of Ducher to arrive at the claimed invention. The prior art fails to teach the arrangement of wherein the fuel cell is configured to receive a feedforward signal so that the fuel cell starts up before the transport refrigeration unit places a load on the fuel cell and secondary references such as Li et al (US 20220029182) fail to provide support for the claimed subject matter.
Response to Arguments
The Remarks of February 27, 2026, have been fully considered but are not persuasive for the reasons below.
Applicant argues
On Page 9 of the Remarks, that the examiner has not shown that claims 1 and 9 are obvious over Ducher in view of Washington because there is allegedly no basis in the prior art for wherein the supervisory management module is configured to control operation of the transport refrigeration unit, the fuel cell, and the fuel tank, based on fuel cell parameters from the fuel cell, refrigeration parameters from the transport refrigeration unit and fuel tank parameters from the fuel tank as required by the claims. Applicant appears to suggest that one of ordinary skill in the art would not recognize from the teaching of Ducher that supervisory module controls the refrigeration unit, fuel tank, and fuel cell. This is not persuasive.
The Examiner respectfully disagrees with Applicant’s interpretation of the Ducher modification. Contrary to Applicant' s assertion that Ducher only controls a DC-to-AC inverter, Ducher discloses that the power management module 310 may be incorporated into the transportation refrigeration unit 22 and/or the controller 30 of the transportation refrigeration unit 22. In an embodiment, the power management module 310 may be a computer program product (e.g., software) encoded within controller 30. Since the supervisory module is incorporated into the controller of the refrigeration unit this suggests that it controls refrigeration unit which necessarily uses refrigeration parameters to control the temperature in addition to other parameters. One of ordinary skill in the art would reasonably expect that the supervisory module of Ducher, which incorporates the fuel tank teachings of Washington, could be used in the same manner to control the operation of the fuel tank as taught by Washington. Applicant' s assertion that according this teaching is exclusive to Ducher’s DC-to-AC variable inventor is thus found to be unpersuasive and the rejection is maintained.
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 IBRAHIM M ADENIJI whose telephone number is (571)272-5939. The examiner can normally be reached 8:00-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached at 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IBRAHIM A. MICHAEL ADENIJI/Examiner, Art Unit 3763
/JOEL M ATTEY/Primary Examiner, Art Unit 3763
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