DETAILED ACTION
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
Applicant’s election without traverse of Species A-1 and B-1 (i.e., claims 1-3 and 9) in the reply filed on 11/26/25 is acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/29/23 was considered by the examiner.
Drawings
The drawings were received on 03/29/25.
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.
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 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over the publication JP 9-180746 (heretofore JP’746) in view of the publication JP 20010-202981 (herein called JP’981).
As to claim 1:
JP’746 discloses that it is known in the art to make a fuel cell assembly/module comprising a fuel cell stack C for electrochemical conversion of energy; an after-burner chamber B1 disposed between the fuel cell stack and the heat insulating sleeve H; an auxiliary burner B2, wherein the after-burner chamber B1 is fluidly connected to exhaust duct 4 for exhausting gases B, B’ through passages/lines 210, 211 including valves S1, S2 for opening/closing during warm-up phase; combustion chamber 46 auxiliary burner B2 is communicated to passage/line 210 positioned between the after-burner chamber B1 and valve S2 which is closed when process is started-up while valve S1 is kept open (Abstract; 0013-0019; see Claims 1-4 see Figures 1-4). JP’746 teaches reactant passage/lines 208, B’, 42a through which oxidant gas flow before being fed into the fuel cell stack C and assisting in providing a flow surface through which the temperature of the oxidant gas is regulated, controlled and/or modified while the oxidant gas flow therethrough (0005-0011; see FIGURE 4). JP’746 discloses that it is possible to maintain temperature control within sleeves by controlling the air supply (0009). Examiner’s note: it is imperative to note that JP’746 readily envisions using the air supply and air supply passages/lines to main temperature control, thereby allowing heat exchanging, warming-up (0007) and controlling temperature within the fuel cell system.
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As to claims 2-3:
In JP’746, the housing space include gas inlets/supply ports (i.e., openings, holes) allowing the feeding/introduction of gas into the housing space and the flow of reactant/combustion gases (through passageways/lines) which has undergone heat exchange through a heat exchange device (0007; 0009; 0006-0011).
As to claim 9:
JP’746 discloses that during the warm-up phase, the auxiliary burner exhaust gas flows into the afterburner chamber and heats the fuel cell block in the afterburner chamber (0007) so that when the temperature in the fuel cell unit reaches the operating temperature, the air and gas mass flow rates are increased to optimum values (i.e., satisfying predetermined conditions: power/current generating conditions) for conducting the electrochemical reaction (0009).
JP’746 teaches a fuel cell assembly/module according to the foregoing aspects. However, the preceding reference does not expressly disclose the specific first/second temperature controllers.
As to claim 1:
In this respect, in the same field of endeavor, JP’981 discloses that it is known in the art to make a fuel cell assembly/module including a fuel cell stack 11, air supply line L3/14, air exhaust line L4/15, air preheater 16 (i.e., warming-up burner), burner/combustor 52 and external heat exchanger 57, internal heat exchanger 61 and first/second temperature indicators/controllers 17, 31 assisting in controlling temperature of the foregoing devices through computing element (control unit 32) (0002-0003; 0011-0019; see Figures 5). JP’981 teaches first/second temperature control including temperature detecting means (0011; see Claim 1).
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In view of the above, it would have been obvious to a skilled artisan prior to the effective filing date of the claimed invention to incorporate the specific first/second temperature controllers of JP’981 into the fuel cell assembly/module of JP’746 because JP’981 teaches that the specifically disclosed first/second temperature indicators/controllers assist in controlling temperature within the fuel cell system so that it would be possible to always operate at a constant operating temperature regardless of variable conditions and/or deterioration of the fuel cell main body due to aging. Further, the claim would have been obvious because the technique for improving a particular class of devices was part of the ordinary capabilities of a person of ordinary skill in the art, in view of the teaching of the technique for improvement in other situations, or based upon the teaching of such improvement in other situations. Thus, one of ordinary skill in the art would have been capable of applying this known method of enhancement to a “base” device (method, or product) in the prior art and the results would have been predictable to one of ordinary skill in the art. Stated differently, use of known technique to improve similar devices (methods, or products) in the same way is prima-facie obvious. KSR International Co. v. Teleflex Inc., 550 US- 82 USPQ2d 1385, 1396 (2007). KSR, 550 U.S. at 417, 82 USPQ2d at 1396.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND ALEJANDRO whose telephone number is (571)272-1282. The examiner can normally be reached Monday-Thursday (8:00 am-6:30 pm).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas A. Smith can be reached at (571) 272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAYMOND ALEJANDRO/
Primary Examiner
Art Unit 1752