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 .
Election/Restrictions
Claims 1-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 05/26/2026. Applicant argues that there is no undue burden as Inventions I and II share substantially the same elements and are not mutually exclusive. This argument is noted, however, is not found to be persuasive as the method of controlling the shutdown of a fuel cell system (Invention I) and A fuel cell system (Invention II) would require a different search as a product claim is different than a method claim and thus there is a search burden present with the application as filed. Examiner notes that rejoinder is possible upon allowance of the selected Invention II. The restriction requirement is maintained.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 8 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites mathematical and mental steps and therefore are abstract ideas.
The claim recites “calculating a target pressure for the anode”, “comparing a pressure of the anode with the target pressure” and “comparing the stack voltage with the reference voltage” which are mathematical and mental steps and therefore are abstract ideas. Once each of the abstract ideas are completed the method stops two steps “the supplying of the air to the fuel cell stack” and “stopping the operating of the heater”. Turning off or stopping of a (or multiple) steps is considered an insignificant post solution activity to the judicial exception and would not be considered a particular practical application MPEP 2106.05(g). Additionally, the other step of measuring is a data gathering step and an insignificant extra solution activity. See MPEP 2106.05 (a).
The judicial exception is not integrated into a practical application. In particular, the claim only recites a controller that calculates the target pressure and the stoppage operation. A controller that can perform the generic operations amounts to no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing he the abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. Stopping of an air supply and stopping a heater as well as measuring an operating temperature of a fuel stack appear on their face to be well understood, routine and conventional, see Tomita et al. (US 2016/0049672 A1) [0039-0042]. Thus the additional elements of using a controller to perform the stopping, measuring and calculating steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an invention concept. The claim is not patent eligible.
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.
Claims 8-9, 12-14, 16-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Tomita et al. (US 2016/0049672 A1) in view of Yokoyama et al. (US 2017/0237095 A1).
Regarding claim 8, Tomita discloses a fuel cell system comprising:
A fuel cell stack including a cathode, an anode (Figure 1; fuel cell stack 1; [0015] anode and cathode), and a cooler for cooling the cathode and the anode ([0039] fuel cell tack having cooling water that cools the fuel cell stack);
a water supply device configured to selectively supply a cooling water or a heated water to the cooler and recover the cooling water and the heated water from the cooler, and including a heater configured to heat the cooling water to supply the heated cooling water to the cooler when the fuel cell stack is shutdown ([0039]; Figure 1; cooling water cools the fuel cell stack; [0021] intercooler and water recovery device; [0042-0046] WRD adjusts the pressure and temperature);
an air cutoff valve configured to supply an air to the anode and drain a residue drained from the anode ([0032] anode gas supply/discharge device);
an anode pressure regulator configured to drain the residue drained from the air cutoff valve to an outside and control a pressure of the anode ([0032-0034] high pressure tank 31 and gas supply passage 32 with pressure regulating valve 33 and purge valve 35 that can drain residue from the pressure regulating valve and control the pressure of the anode);
at least one sensor configured to measure an operating temperature of the fuel cell stack, an outside air temperature, and an atmospheric pressure ([0039] air flow sensor, temperature sensor and pressure sensor and a further outside air temperature sensor 49 for detecting outside air temperature);
and a controller configured to:
calculate a target for the anode of the fuel cell stack based on the operating temperature, the outside air temperature, and the atmospheric pressure measured by the at least one sensor ([0039-0042] controller calculates target current of fuel cell based on readings of the different sensors),
control the air cut-off valve to adjust a flow amount of the air supplied to the anode ([0039-0042]),
control the anode pressure regulator so that the pressure of the anode becomes the same as the target pressure ([0039-0042]), and
stop an operation of the heater when a stack voltage of the fuel cell stack is lower than a predetermined reference voltage ([0039-0042]).
Tomita is silent with respect to the controller calculating a target pressure based on the temperature and pressure readings.
Yokoyama discloses a fuel cell device and control method and is analogous with the instant invention as being within the same field of endeavor of fuel cells. Yokoyama discloses wherein a controller is used for a fuel cell and discloses wherein the temperature and pressure of the fuel cell and air/fuel can be adjusted to a predetermined pressure/temperature ([0009]).
Therefore, it would have been obvious in view of a skilled artisan that the controller of Tomita can adjust the temperature and pressures of the fuel cell and air to obtain a target pressure within the fuel cell as taught by Yokoyama. The resulting modification would render obvious all the claim limitations of claim 8.
Regarding claim 9, modified Tomita discloses all the claim limitations of claim 8. Modified Tomita further discloses wherein the controller compares the pressure of the anode with the target pressure unit the pressure of the anode because the same as the target pressure by increasing or decreasing an opening angle of the anode pressure regulator when the pressure of the anode is not the same as the target pressure ([0007] pressure regulating valve to obtain a target pressure and thus can be opened and/or closed to obtain a target pressure; [0032]).
Regarding claim 12, modified Tomita discloses all the claim limitations of claim 8. Tomita further discloses wherein the operating temperature is a measured temperature of a cooling water drained after circulating the fuel cell stack (Figure 1; [0039]),
The outside air temperature is a temperature measured at an outside of the fuel cell stack ([0039]), and
The atmospheric pressure is a pressure measured at the outside of the fuel cell stack (Figure 1).
Regarding claim 13, modified Tomita discloses all the claim limitations of claim 8. Tomita further discloses wherein the controller exhausts the oxygen remaining in the anode by supplying the heated water obtained by controlling the heater to the anode ([0041] controller adjusts the oxygen partial pressure by controlling the water recovery device at a specific water temperature [0068-0069]).
Regarding claim 14, modified Tomita discloses all the claim limitations of claim 8. Tomita further discloses wherein the controller controls the air cutoff valve to supply air to the fuel cell stack (claim 8; the control unit configured to control the compressor and the pressure regulating valve).
Regarding claim 16, modified Tomita discloses all the claim limitations of claim 8. Tomita further discloses an air compressor configured to supply the air to the fuel cell stack ([0029] compressor 24; [0044] ); and
A humidifier configured to humidify the air supplied from the compressor to supply the humidified air to the fuel cell stack ([0027] WRD humidifies the gas; [0044]).
Regarding claim 17, modified Tomita discloses all the claim limitations of claim 8. Tomita further discloses a fuel supply device configured to supply hydrogen to the cathode of the fuel cell stack ([0015]),
Wherein the fuel supply device includes:
A flow control valve configured to control a supply amount of the hydrogen ([0007] fuel cell system has a compressor configured to adjust the flow rate of the cathode gas and a pressure regulating valve that also adjusts the gas pressure and flow rate and used in conjunction with the compressor);
A fuel supply valve configured to adjust a pressure of the hydrogen supplied from the flow control valve ([0007] fuel cell system has a compressor configured to adjust the flow rate of the cathode gas and a pressure regulating valve that also adjusts the gas pressure and flow rate and used in conjunction with the compressor); and
A fuel ejector configured to apply a pressure to the hydrogen supplied form the fuel supply valve and supply the hydrogen to the cathode of the fuel cell stack ([0037-0038] purge valve and discharge passage to control the flow of the hydrogen/anode gas).
Regarding claim 19, modified Tomita discloses all the claim limitations of claim 8. Tomita further discloses wherein the at least one sensor includes:
A first temperature sensor disposed on the water supply unit to measure a temperature of a cooling water recovered from the cooler (Figure 1; temperature sensor 46; [0039] water temperature sensor); and
An atmospheric pressure sensor connected to the controller to measure the atmospheric pressure ([0039] atmospheric pressure sensor 48), and
Wherein the temperature of the cooling water measure by the first temperature senser is the operating temperature (Figure 1; temperature sensor 42 and 46; [0039]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Tomita et al. (US 2016/0049672 A1) in view of Yokoyama et al. (US 2017/0237095 A1) as applied to claim 8 above, and further in view of Shinozaki (US 2019/0081335 A1).
Regarding claim 15, modified Tomita discloses all the claim limitations of claim 1. Modified Tomita is silent with respect to a condensed water storage and a drain valve configured to drain the condensed water.
Shinozaki discloses a cooling and humidifying device for a fuel cell and is analogous with the instant invention as being within the same field of endeavor of fuel cells. Shinozaki discloses wherein the fuel cell system contains a water storage portion that collects condensed water to store the water and a drain valve that is configured to open and close according to a detection result to drain water from the fuel cell ([0007-0011]).
Therefore, it would have been obvious in view of a skilled artisan to incorporate the water storage tank and the drain valve to store the condensed water of the fuel cell and to release the water when excessive water is present as taught by Shinozaki. The resulting modification would render obvious all the claim limitations of claim 15 as the storage would read as the storage trap and the drain valve would read on the drain valve.
Claims 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tomita et al. (US 2016/0049672 A1) in view of Yokoyama et al. (US 2017/0237095 A1) as applied to claim 8 above, and further in view of Jeon et al. (US 2020/0194812 A1).
Regarding claim 18, modified Tomita discloses all the claim limitations of claim 8. Modified Tomita is silent with respect to the water supply unit comprising a radiator, a cooling water pump, a bypass valve and a heater.
Jeon discloses a control method for a fuel cell system and is analogous with the instant invention as being within the same field of endeavor of fuel cells. Jeon discloses wherein the fuel cell system contains a cooling water bypass valve that determines the flow of the cooling water to the fuel cell and/or the heater ([0048]), a pump that pumps water through the system ([0049-0050]), a heater that can heat the cooling water ([0051]), and a radiator to allow water to pass through to cool and to maintain the optimum operating temperature of the fuel cell stack ([0050]).
Therefore, it would have been obvious in view of a skilled artisan to incorporate in the water supply unit of modified Tomita a radiator to control and maintain the operating temperature of the fuel cell, a pump that pumps the cooling water throughout the fuel cell system, a bypass valve that controls the cooling water movement throughout the fuel cell, and a heater that can heat the cooling water and thus maintain the optimum operating conditions of the fuel cell as taught by Jeon. Through the modification, the water supply unit of Tomita can include the pump, radiator, bypass valve and heater taught by Jeon as an additional way of controlling and maintaining the conditions of the fuel cell. A skilled artisan would have been motivated to incorporate the configuration of Jeon into the fuel cell of Tomita in order to control and maintain control of the temperature of the fuel cell. Thus all the claim limitations of claim 18 are rendered obvious through the modification.
Regarding claim 20, modified Tomita discloses all the claim limitations of claim 18. Modified Tomita further discloses wherein the at least one sensor further includes a second temperature sensor to measure the outside air temperature (Tomita [0039] outside air temperature sensor), however, is silent with respect to the second temperature sensor being on an outer wall of the radiator. In view of the combination of claim 18, it would have been obvious in view of a skilled artisan to rearrange the outside air temperature sensor to be on an outer wall of the radiator as a simple rearrangement of parts, see modification of claim 18. The mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
Allowable Subject Matter
Claims 10-11 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 10 states “wherein the target pressure is obtained by dividing the atmospheric pressure by a pressure obtained by multiplying all of a first pressure which is a pressure reductions amount due to an exhaustion of oxygen supplied to the anode, a second pressure which is a pressure reduction amount due to a temperature decrease of the anode, and a third pressure which is a pressure reduction amount due to a condensation of water vapor at the anode”. Claim 10 is not taught not rendered obvious as the first, second and third pressures are specific pressures in which the prior art as cited fails to disclose as a skilled artisan would have no teaching, motivation, nor suggestion to have the first, second, and third pressures as claimed.
Claim 11 comprises equations 1-3 that are not taught nor rendered obvious as the equations used related to the first, second, and third pressures of claim 10 which is objected to as being dependent upon a rejected base claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee et al. (US 2013/0137007 A1)- discloses a hydrogen concentration control device and method for a fuel cell.
Kwon et al. (US 2011/0065012 A1)- discloses a method for shutting down the fuel cell system.
Morita et al. (US 2010/0136445 A1)- discloses a fuel cell system and is analogous with the instant invention as being within the same field of endeavor of fuel cells.
Tsuchiya et al. (US 2009/0098426 A1)- discloses a fuel cell operation system and valve open amount calculation method in a fuel cell operation system.
Takaichi et al. (US 9,190,683 B2)- discloses a fuel cell system in which air is applied to an anode and cathode.
Kemmer (DE 102015225653 A1)-discloses a fuel cell having an anode and cathode wherein the cathode path has a bypass line which is energetically connected to a critical point in the fuel cell.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam J Francis whose telephone number is (571)272-1021. The examiner can normally be reached M-Th: 7 am-4 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at (571)270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J FRANCIS/Primary Examiner, Art Unit 1728
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