Prosecution Insights
Last updated: April 19, 2026
Application No. 18/236,043

FUEL CELL SYSTEM

Non-Final OA §103
Filed
Aug 21, 2023
Examiner
HIGGINS, KATHERINE NICOLE
Art Unit
1728
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Honda Motor Co. Ltd.
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
3y 10m
To Grant
85%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allow Rate
22 granted / 38 resolved
-7.1% vs TC avg
Strong +27% interview lift
Without
With
+27.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
45 currently pending
Career history
83
Total Applications
across all art units

Statute-Specific Performance

§103
57.9%
+17.9% vs TC avg
§102
18.5%
-21.5% vs TC avg
§112
20.1%
-19.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 38 resolved cases

Office Action

§103
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on August 21, 2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Miyajima et al. (Published U.S. Patent Application US 2010/0190068 A1), hereinafter referred to as Miyajima. Regarding claim 1, Miyajima teaches a fuel cell system (“a fuel cell system”) (see e.g., paragraph [0036]). Miyajima teaches the fuel cell system 12 includes a fuel cell stack 10 (“a fuel cell stack”) (see e.g., paragraph [0036]). Miyajima teaches an off gas supply channel 40 for supplying the partially consumed oxygen-containing gas including the produced water (hereinafter referred to as the off gas) as humidified fluid from the fuel cell stack 10 is connected to the humidifier 36 (“a device into which an exhaust gas from the fuel cell stack flows”) (see e.g., paragraph [0039]). Miyajima teaches an electrically insulating pipe such as a resin pipe 112 connected to the resin coupling pipe 110 attached to the oxygen-containing gas outlet 98b of the end plate 62b of the fuel cell stack 10 that is connected to the supply channel 40 of the humidifier 36 (“a pipe connecting the fuel cell stack to the device”) (see e.g., paragraphs [0056] and [0058]). Miyajima teaches an end plate 62b of the fuel cell stack 10 has an oxygen-containing outlet (reactant gas outlet) 98b connected to connected to the oxygen-containing gas discharge passage 72b (“wherein the fuel cell stack includes a gas outlet from which the exhaust gas flows out”) (see e.g., Figure 1 and paragraph [0052]). Miyajima teaches the humidifier 36 is supplied off gas through the discharging of the supply channel 40 from the resin pipe 112 (“the device includes a gas receiving portion configured to receive the exhaust gas” and “the pipe extends from the gas outlet toward the gas receiving portion”) (see e.g., paragraph [0039]). Miyajima teaches a humidifier joint 101 connected to the end plate 62b by the resin pipe 112 (see e.g., paragraph [0057]) and connected to the humidifier 36 by the off gas supply channel 40 (“a joint tube is interposed between the pipe and the gas receiving portion” and “the joint tube has an upstream portion inserted into a downstream opening of the pipe”) (see e.g., paragraph [0058] and Figure 5). Miyajima teaches an O-ring 114 interposed between the resin pipe 112 and the humidifier joint 101 (“a seal member is interposed between the joint tube and the pipe and configured to seal a gap between the upstream portion of the joint tube and an inner wall of the pipe”) (see e.g., paragraph [0058] and Figure 5). Miyajima teaches the humidifier joint 101 has a protrusion (“the joint tube includes a hollow protrusion protruding upstream from the upstream portion in a flow direction of the exhaust gas and having an outer diameter smaller than an outer diameter of the upstream portion”) (see e.g., Annotated Figure 5), where it connects with the resin pipe 112, and from that protrusion, the diameter of the humidifier joint 101 increases to provide a gap between the resin pipe and humidifier joint 101 in a flow direction of the off gas (see e.g., Annotated Figure 5 and paragraph [0015]). PNG media_image1.png 640 933 media_image1.png Greyscale Annotated Figure 5 Miyajima does not explicitly teach the humidifier joint 101 is formed of an insulator. However, Miyajima teaches a front view showing a resin (an insulator) pipe of the fuel cell stack that includes the humidifier 101 (see e.g., paragraph [0031] and Figure 9). Further, Miyajima teaches no electrically conductive path (short-circuiting through liquid) connecting the inside to the outside of the fuel cell stack 10 through the electrically conductive portion is formed (see e.g., paragraph [0096]) by having the off gas discharged from the oxygen-containing gas discharge passage to the resin pipe partially flow into the gap through the off gas outlet of the resin pipe (see e.g., paragraph [0094]) to become possible to suitably prevent short-circuiting through liquid from the fuel cell stack 140, and the desired power generation performance is secured (see e.g., paragraph [0096]). Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would have selected a known material of an insulator such as resin for the humidifier joint of Miyajima not only because the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art (see In re Leshin, 125 USPQ 416 (CCPA 1960) and MPEP § 2144.07), but also in order to become possible to suitably prevent short-circuiting through liquid from the fuel cell stack 140, and the desired power generation performance is secured (see e.g., paragraph [0096]). Regarding claim 2, Miyajima teaches the instantly claimed invention of claim 1, as previously described. Miyajima teaches the humidifier joint 101 has a protrusion (see e.g., Annotated Figure 5) and from that protrusion, the diameter of the humidifier joint 101 increases to provide a gap between the resin pipe and humidifier joint 101 in a flow direction of the off gas (“wherein an inner diameter of the joint tube is smallest at the hollow protrusion and increased toward a downstream side in the flow direction of the exhaust gas”) (see e.g., Annotated Figure 5 and paragraph [0015]). Regarding claim 3, Miyajima teaches the instantly claimed invention of claim 2, as previously described. Miyajima teaches a water drainage pipe unit 118 is provided at the outer lower end of the other end 112b of the resin pipe 112 (“a drain hole formed in the pipe and configured to discharge water flowing together with the exhaust gas”) (see e.g., paragraph [0060]). Regarding claim 4, Miyajima teaches the instantly claimed invention of claim 3, as previously described. Miyajima teaches the reactant gas discharged from the reactant gas discharge passage to the reformer partially flows into the gap between the outer circumference of the electrically insulating pipe and the inner wall of the humidifier joint (see e.g., paragraph [0020]). Thus, it is possible to prevent liquid droplets from being retained at the reaction gas ejection port of the electrically insulating pipe, and prevent continuation of liquid through the retained water to the humidifier joint. Therefore, the decrease in diameter of the resin pipe 112 from one end 112a to the other end 112b is configured to guide water to the drain hole, meeting the claim limitation of “a guide groove formed in the inner wall of the pipe and configured to guide the water to the drain hole.” Regarding claim 5, Miyajima teaches the instantly claimed invention of claim 1, as previously described. Miyajima does not explicitly teach the humidifier joint 101 is formed of an elastic body. However, Miyajima teaches a front view showing a resin (an elastic body as described in Instant Specification paragraph [0036]) pipe of the fuel cell stack that includes the humidifier 101 (see e.g., paragraph [0031] and Figure 9). Further, Miyajima teaches the resin material allows for a gap S to be formed between the outer circumference of the resin pipe and the inner wall of the humidifier joint 101 such the off gas partially flows through the gap S (see e.g., paragraph [0093]) to prevent liquid droplets from being retained in the off gas supply channel 40, and prevent continuation of liquid through the retained water to the humidifier joint 101 (see e.g., paragraph [0094]). Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would have selected a known material of an insulator such as resin for the humidifier joint of Miyajima not only because the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art (see In re Leshin, 125 USPQ 416 (CCPA 1960) and MPEP § 2144.07), but also in order to prevent liquid droplets from being retained in the off gas supply channel 40, and prevent continuation of liquid through the retained water to the humidifier joint 101 (see e.g., paragraph [0094]). Regarding claim 6, Miyajima teaches the instantly claimed invention of claim 1, as previously described. Miyajima teaches an off gas supply channel 40 for supplying the partially consumed oxygen-containing gas including the produced water (hereinafter referred to as the off gas) as humidified fluid from the fuel cell stack 10 is connected to the humidifier 36 (“herein the device is a humidifier”) (see e.g., paragraph [0039]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Qin et al. (CN 111120758 A) teaches a humidifier outlet pipe structure applied to a hydrogen fuel battery system (see e.g., Abstract). Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine N Higgins whose telephone number is (703)756-1196. The examiner can normally be reached Mondays - Thursdays 7:30-4:30 EST, Fridays 7:30 - 11:30 EST. 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, Matthew T 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. 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. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KATHERINE N HIGGINS/Examiner, Art Unit 1728 /MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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Prosecution Timeline

Aug 21, 2023
Application Filed
Mar 19, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12586849
SEALING STRUCTURE FOR BATTERY
2y 5m to grant Granted Mar 24, 2026
Patent 12555878
SECONDARY BATTERY AND INSULATING MEMBER
2y 5m to grant Granted Feb 17, 2026
Patent 12555777
LAYERED STRUCTURE OF BATTERY ELECTRODES
2y 5m to grant Granted Feb 17, 2026
Patent 12531264
SEQUENTIAL PRESSURE FORMATION JIG AND FORMATION METHOD USING SAME
2y 5m to grant Granted Jan 20, 2026
Patent 12476308
BATTERY CASE FOR SECONDARY BATTERY AND POUCH TYPE SECONDARY BATTERY
2y 5m to grant Granted Nov 18, 2025
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
58%
Grant Probability
85%
With Interview (+27.2%)
3y 10m
Median Time to Grant
Low
PTA Risk
Based on 38 resolved cases by this examiner. Grant probability derived from career allow rate.

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