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 08/30/2023 was filed on or after the mailing date of the application.
The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Species B in the reply filed on 11/25/2025 is acknowledged.
Claims 5 and 8-13 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/25/2025.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed on November 9, 2022.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 1-19 are objected to because of the following informalities:
Regarding claims 1 and 7, the claim recites “… a first circulation part.”
The claim should be amended to recite --a first fluid circulation part --for clarity. Due in part to the specification paragraph 0052 a first fluid circulation part is described with reference numeral 100 and claims 1, 4 and 7 reciting “the first fluid circulation part”.
Regarding claims 1 and 7, the claim recites “… a second circulation part.”
The claim should be amended to recite --a second fluid circulation part --for clarity. Due in part to the specification paragraph 0059 the second fluid circulation part is described with reference numeral 200 and claims 1, 6 and 7 reciting “the second fluid circulation part”.
Regarding claim 7, the claim recites “… a hydrogen storage part connected to the second heat exchanger.”
The claim should be amended to recite --the hydrogen storage part connected to the second heat exchanger --for clarity. This is throughout the claims. A hydrogen storage part is introduced earlier in the claim.
Regarding claim 7, the claim recites “… and preforming.”
The claim should be amended to recite -- and performing --for clarity. This is throughout the claims. A hydrogen storage part is introduced earlier in the claim.
Claims 2-4, 6, and 14- 19 are objected to because of dependency from an objected to claim.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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:
Regarding claims 1 and 7, the recitation of claim limitation “expansion member" in at least claims 1 and 7.
Corresponds to “expansion member 140 may be an expansion valve” in 0056 of the specification.
Regarding claims 1 and 7, the recitation of claim limitation “first flow rate control member " in at least claims 1 and 7.
Corresponds to “first flow rate control member 115 may be a 4-way valve” in 0055 of the specification
Regarding claims 1 and 7, the recitation of claim limitation " second flow rate control member" in at least claims 1 and 7.Corresponds to “second flow rate control member 240 may include a
plurality of valves that are controlled electronically” in 0067 of the specification
Regarding claims 6 and 7, the recitation of claim limitation "thermal device is a heating member" in at least claims 6 and 7.Corresponds to “thermal device 230 may be a heating member 232 (see e.g., FIG. 5), such as an electric heater, a gas heater, a thermoelectric element, or the like” in 0066 of the specification
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 § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15 and 17-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the
subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 15, recites the limitation “a time-sequentially overlapping state” for a second time in at least claim 15. It is unclear if they are the same state or a different state. Clarity for someone of ordinary skill in the art before the effective filing date of the claimed invention is necessary in order to properly interpret claim 15.
There is insufficient antecedent basis for this limitation in the claim.
For examination purposes the examiner is interpreting a time-sequentially overlapping state in reference to the (2-1)-th and (2-2)-th fluid circulation operation to be a different time-sequentially overlapping state than the (2-3)-th and (2-4)-th fluid circulation operation.
Regarding Claims 17-19, the term “substantially stopped” is a relative terms which renders the claim indefinite.
The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Therefore “substantially stopped” is indefinite and is rejected under 35 U.S.C. 112(b).
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.
Claim(s) 1 are/is rejected under 35 U.S.C. 103 as being anticipated
By Kubo et al. (US2008/0250804A1).
Regarding Claim 1, Kubo teaches a hydrogen supply module [fig. 1; 0028-0029 “hydrogen supplied”] comprising:
a first fluid circulation part [15] including a first fluid circulation line [32&39] in which a first fluid circulates [0037 “refrigerant” ]; and
a second fluid circulation part [16] including a second fluid circulation line [16&16a-c], in which a second fluid circulates [0025 “heat medium”];
wherein the first fluid circulation part [32&39] includes:
a first heat exchanger [36 and 34] in which the first fluid exchanges heat with an external fluid [0037 “air”], a first flow rate control member [40] connected to the first heat exchanger through the first fluid circulation line [see fig. 1] and configured to control flows of the first fluid [0038 “ third electromagnetic three way valve 40 is controlled so as to be switched”], a compressor [33] connected to the first flow rate control member [40] through the first fluid circulation line [0038 “drawn into the refrigerant compressor 33”] and configured to compress the first fluid [0037 “refrigerant compressor 33 for compressing a refrigerant gas’], a second heat exchanger [41] connected to the first flow rate control member [40] through the first fluid circulation line [fig. 1], and an expansion member [35] connected to the second heat exchanger [41] through the first fluid circulation line and configured to expand the first fluid [41];
wherein the second fluid circulation line [16&16a-c] is connected to the second heat exchanger [41] such that the first fluid [refrigerant] and the second fluid [heat medium] exchange heat in the second heat exchanger [The heat exchanger 41 exchanges heat between the refrigerant that flows through the bypass passage 39 and the heat medium that flows through the heat medium passage 16];
wherein the second fluid circulation part [16] includes:
a pump [27] connected to the second heat exchanger [41] through the second fluid circulation line [fig. 1] and configured to pump the second fluid [0034 “pump 27 sends heat medium within the heat medium passage 16”],
a hydrogen storage part [13] connected to the second heat exchanger [41] through the second fluid circulation line [fig. 1] and including an alloy that absorbs hydrogen [0030 “hydrogen storage alloy MH”], and a second flow rate control member [29] provided on the second fluid circulation line [fig. 1] and configured to control flows of the second fluid that flows on the second fluid circulation line [0035 “switch between a first state” and “second state’]; and
wherein the hydrogen storage part [13] includes:
a first hydrogen storage part [13; fig. 1 where there is a first and second hydrogen storage part and both are referenced with 13] provided on the second fluid circulation line [fig. 1], and
a second hydrogen storage part [13; fig. 1 where there is a first and second hydrogen storage part and both are referenced with 13] provided on the second fluid circulation line [fig. 1] and connected to the first hydrogen storage part 13 through the second fluid circulation line [16&16a-c].
While reference does not explicitly disclose “a second hydrogen storage part provided on the second fluid circulation line and connected to the first hydrogen storage part through the second fluid circulation line while the second flow rate control member is interposed therebetween” it would have been obvious to one having ordinary skill in the art at the time the invention was made to rearrange the second flow rate control member, by placing the second flow rate control member to be interposed therebetween a second hydrogen storage parts and the first hydrogen storage part connected through the second circulation line, since it has been held that rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device, In re Japikse, 86 USPQ 70.
i.e. secures a hydrogen supply module with a second hydrogen storage part provided on the second fluid circulation line and connected to the first hydrogen storage part through the second fluid circulation line while the second flow rate control member is interposed therebetween which someone of ordinary skill in the art before the effective filing date of the claimed invention would recognize as improving ease of manufacturing thus lowering cost.
Claim(s) 2-3 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kubo et al. (US2008/0250804A1) as applied to claim 1 above, in view of Dill et al. (US6202710B1) and further in view of Hoehne et al. (US2005/0253019A1).
Regarding Claim 2, Kubo teaches the hydrogen supply module of claim 1 and Kubo teaches wherein the second fluid circulation line [16&16a-c] includes: a (2-1)-th fluid circulation line [16c; 0034 “a state where heat medium coming from the radiator 14 flows through the main flow portion 16c without being supplied to the first heat exchanging portion 16a” see also 0035 “a second state” ] connecting the second heat exchanger [41] and the second flow rate control member [29] and having a closed loop shape [fig. 1],
a (2-2)-th fluid circulation line [fig. 1; 16b of the first hydrogen storage part] connecting the first hydrogen storage part [fig. 1; 13] and the second flow rate control member [fig, 1; 29], and a (2-4)-th fluid circulation line [fig. 1; the second hydrogen storage part] connecting the second hydrogen storage part [fig. 1; 13] and the second flow rate control member [fig. 1; 29].
Kubo does not explicitly teach a (2-2)-th fluid circulation line [fig. 1; 16b of the first hydrogen storage part] connecting the first hydrogen storage part [fig. 1; 13] and the second flow rate control member [fig, 1; 29] and having a closed loop shape, a (2-3)-th fluid circulation line connecting one end and an opposite end of the second flow rate control member and having a closed loop shape, and a (2-4)-th fluid circulation line connecting the second hydrogen storage part and the second flow rate control member and having a closed loop shape; and wherein the second flow rate control member is configured to: control flow directions of the second fluid in the (2-1)-th fluid circulation line, the (2-2)-th fluid circulation line, and the (2-3)-th fluid circulation line, and the (2-4)-th fluid circulation line connecting the second hydrogen storage part and the second flow rate control member and having a closed loop shape.
However, Dill teaches a (2-2)-th fluid circulation line [fig. 8; 44 corresponding to 16b of the first hydrogen storage part of Kubo] connecting the first hydrogen storage part [22 on line 44 corresponding to 13 of Kubo] and the second flow rate control member [34 corresponding to 29 of Kubo] and having a closed loop shape [fig. 8], and a (2-4)-th fluid circulation line [44’ corresponding to the line of the second hydrogen storage part of Kubo] connecting the second hydrogen storage part [22’ corresponding to the second hydrogen storage part of Kubo] and the second flow rate control member [34 corresponding to 29 of Kubo] and having a closed loop shape [fig. 8].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Kubo to have a (2-2)-th fluid circulation line connecting the first hydrogen storage part and the second flow rate control member and having a closed loop shape, and a (2-4)-th fluid circulation line connecting the second hydrogen storage part and the second flow rate control member and having a closed loop shape in view of the teachings of Dill where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results,
i.e. secures a hydrogen supply module with a (2-2)th and (2-4)th circuits that have a closed loop shape and are connected to a flow rate control member which improves cooling efficiency [Dill; col.7; lines 46-50].
Further, Hoehne teaches a (2-3)-th fluid circulation line [32-34 and 27-29] connecting one end and an opposite end of the second flow rate control member [at least 30 corresponding to 29 of Kubo] and having a closed loop shape [fig. 1].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of the modified Kubo teaching with Hoehne by combining a (2-3)-th fluid circulation line connecting one end and an opposite end of the second flow rate control member and having a closed loop shape, and a (2-4)-th fluid circulation line connecting the second hydrogen storage part and the second flow rate control member and having a closed loop shape where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results,
i.e. secures a hydrogen supply module with a (2-3)th fluid circuit connecting one end to an opposite end of a second flow rate control member having a closed loop shape which allows for change in temperature without an excessive supply of electrical energy [Hoehne; 0027].
Lastly, With respect to claim 2, as the instant specification is silent to unexpected results, it would have been obvious to one of ordinary skill in the art at the time the invention was made to connect the circuits and valves of Kubo, Dill, and Hoehne into one second flow rate control member since such modification would have involved making elements integral and the instant specification states in paragraph 0067 “the second flow rate control member 240 may include a plurality of valves that are controlled electronically.” Making elements integral is generally recognized as being within the level of ordinary skill in the art. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
Therefore, wherein the second flow rate control member is configured to:
control flow directions of the second fluid in the (2-1)-th fluid circulation line, the (2-2)-th fluid circulation line, and the (2-3)-th fluid circulation line, and the (2-4)-th fluid circulation line connecting the second hydrogen storage part and the second flow rate control member and having a closed loop shape would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention.
Regarding Claim 3, modified Kubo teaches the hydrogen supply module of claim 2 and Hoehne teaches wherein the pump [Kubo; 27] includes: a first pump [35] provided on the (2-2)-th fluid circulation line [27-28 and 19 corresponding to 44 of Dill], and a second pump [36] provided on the (2-4)-th fluid circulation line [32-33 and 21 corresponding to 44’ of Dill].
Regarding Claim 6, modified Kubo teaches the hydrogen supply module of claim 2 and Hoehne teaches wherein the second fluid circulation part [Kubo; 16] further includes:
a thermal device [22], the (2-3)-th fluid circulation line [32-34 and 27-29] and configured to heat or cool [0043 “electrical heating and/or cooling elements”], and wherein the thermal device [22] is a heating member that heats [0041].
Modified Kubo does not explicitly teach a thermal device provided on the (2-3)-th fluid circulation line and configured to heat or cool the second fluid, and wherein the thermal device is a heating member that heats the second fluid.
While the references do not explicitly disclose a thermal device provided on the (2-3)-th fluid circulation line and configured to heat or cool the second fluid, and wherein the thermal device is a heating member that heats the second fluid it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the tempering arrangement (22) on the (2-3)th fluid circulation line, since it has been held that rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device, In re Japikse, 86 USPQ 70 and since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art, In re Einstein, 8 USPQ 167.
Which would secure the hydrogen supply line with the necessary thermal device on the (2-3)th fluid circulation line which would heat or cool the second fluid and the thermal device being a heating member would heat the second fluid which someone of ordinary skill in the art before the effective filing date of the claimed invention would recognize simplifies the hydrogen supply module by reducing cost and complexity.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kubo et al. (US2008/0250804A1) as applied to claim 1 above, and in view of Kim et al. (US2019/0165438A1).
Regarding Claim 4, Kubo teaches the hydrogen supply module of claim 1 and Kubo teaches wherein a first side [fig. 1; before 33] and a second side [fig. 1; after 33] of the first flow rate control member [40] are connected to the compressor [33] through the first fluid circulation line [32 and 39], the second heat exchanger [41] and the first heat exchanger [36 and 34].
Modified Kubo does not explicitly teach wherein the first fluid circulation part is configured to: control the flows of the first fluid such that the first fluid 1) sequentially passes through the first flow rate control member, the compressor, the first flow rate control member, and the second heat exchanger, or ii) sequentially passes through the first flow rate control member, the compressor, the first flow rate control member, and the first heat exchanger.
However, Kim teaches wherein the first fluid circulation part [30 corresponding to 15 of Kubo] is configured to:
control the flows of the first fluid [refrigerant corresponding to refrigerant of Kubo] such that the first fluid 1) sequentially passes through the first flow rate control member [42 corresponding to 40 of Kubo], the compressor [31 corresponding to 33 of Kubo], the first flow rate control member [31], and the second heat exchanger [37 corresponding to 41 of Kubo; further see at least fig. 3], or ii) sequentially passes through the first flow rate control member [42], the compressor 31, the first flow rate control member [42], and the first heat exchanger 33 corresponding to 36 and 34 of Kubo; further see at least fig. 2].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify apparatus of the Kubo’s teaching with Kim by combining wherein the first fluid circulation part is configured to: control the flows of the first fluid such that the first fluid 1) sequentially passes through the first flow rate control member, the compressor, the first flow rate control member, and the second heat exchanger, or ii) sequentially passes through the first flow rate control member, the compressor, the first flow rate control member, and the first heat exchanger where the elements could have been combined by known methods with and a Simple substitution of CE module 30 for air cooling apparatus 15 would give the system the necessary sequential connections. The simple substitution of one known element for another is likely to be obvious when predictable results are yielded,
i.e. secures the hydrogen supply module with the proper sequential connections which improves cost, weight and allows special utilization [Kim; 0029].
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kubo et al. (US2008/0250804A1) as applied to claim 1 above, and in view of Hoehne et al. (US2005/0253019A1).
Regarding Claim 7, Kubo teaches a hydrogen supply method [0003 “methods for storing and transporting hydrogen”] using a hydrogen supply module [fig. 1; 0028-0029 “hydrogen supplied”] that includes;
a first fluid circulation part [15] including a first fluid circulation line [32&39] in which a first fluid circulates [0037 “refrigerant” ]; and
a second fluid circulation part [16] including a second fluid circulation line [16&16a-c], in which a second fluid circulates [0025 “heat medium”],
the hydrogen supply method [003] comprising: performing, in a two-side heat exchange mode [fig. 1 where both the first and second 16b’s have heat medium flowing through them see also para. 0035 where it is explained that each (29) can be operated individually], both of i) introducing the second fluid [heat medium] into a hydrogen storage part [13] after the second fluid exchanges heat with the first fluid in a second heat exchanger [41 see also 0039 “refrigerant liquid that flows through the bypass passage 39 indirectly cools the hydrogen storage alloy MH via the heat medium that flows through the heat medium passage 16”] in a state in which the compressor is driven to compress the first fluid [0046 “switching the valve to such a state that the refrigerant liquid is supplied to the refrigerant compressor 33”]; and
performing, in a one-side heat exchange mode [fig. 1 where both the first and second 16b’s have heat medium flowing through them see also para. 0035 where it is explained that each (29) can be operated individually in a one-side heat exchange mode the modified Kubo only uses the second heat exchanger or the heating device], one of i) introducing the second fluid [heat medium] into the hydrogen storage part [13] after the second fluid exchanges heat with the first fluid in a second heat exchanger [41 see also 0039 “refrigerant liquid that flows through the bypass passage 39 indirectly cools the hydrogen storage alloy MH via the heat medium that flows through the heat medium passage 16”] in a state in which the compressor is driven to compress the first fluid [0046 “switching the valve to such a state that the refrigerant liquid is supplied to the refrigerant compressor 33”]
wherein the two-side heat exchange mode and the one-side heat exchange mode are time-sequentially performed at separate time periods [fig. 1 where both the first and second 16b’s have heat medium flowing through them see also para. 0035 where it is explained that each (29) can be operated individually so in a one-side heat exchange mode only one of the 16b’s would exchange heat, someone of ordinary skill in the art before the effective filing date of the claimed invention would recognize that both modes would be time-sequentially performed at separate time periods];
wherein the first fluid circulation part of the hydrogen supply module [fig. 1] includes:
a first heat exchanger [36 or 34] in which the first fluid exchanges heat with an external fluid [0037 “air”], a first flow rate control member [40] connected to the first heat exchanger through the first fluid circulation line [see fig. 1] and configured to control flows of the first fluid [0038 “ third electromagnetic three way valve 40 is controlled so as to be switched”], a compressor [33] connected to the first flow rate control member [40] through the first fluid circulation line [0038 “drawn into the refrigerant compressor 33”] and configured to compress the first fluid [0037 “refrigerant compressor 33 for compressing a refrigerant gas’], a second heat exchanger [41] connected to the first flow rate control member [40] through the first fluid circulation line [fig. 1], and an expansion member [35] connected to the second heat exchanger [41] through the first fluid circulation line and configured to expand the first fluid [41];
wherein the second fluid circulation line [16&16a-c] is connected to the second heat exchanger [41] such that the first fluid [refrigerant] and the second fluid [heat medium] exchange heat in the second heat exchanger [The heat exchanger 41 exchanges heat between the refrigerant that flows through the bypass passage 39 and the heat medium that flows through the heat medium passage 16];
wherein the second fluid circulation part [16] of the hydrogen supply module [fig. 1] includes:
a pump [27] connected to the second heat exchanger [41] through the second fluid circulation line [fig. 1] and configured to pump the second fluid [0034 “pump 27 sends heat medium within the heat medium passage 16”],
a hydrogen storage part [13] connected to the second heat exchanger [41] through the second fluid circulation line [fig. 1] and including a metal or an alloy that absorbs hydrogen [0030 “hydrogen storage alloy MH”], and a second flow rate control member [29] provided on the second fluid circulation line [fig. 1] and configured to control flows of the second fluid that flows on the second fluid circulation line [0035 “switch between a first state” and “second state’]; and
wherein the hydrogen storage part [13] of the hydrogen supply module [fig. 1] includes:
a first hydrogen storage part [13; fig. 1 where there is a first and second hydrogen storage part and both are referenced with 13] provided on the second fluid circulation line [fig. 1], and
a second hydrogen storage part [13; fig. 1 where there is a first and second hydrogen storage part and both are referenced with 13] provided on the second fluid circulation line [fig. 1] and connected to the first hydrogen storage part 13 through the second fluid circulation line [16&16a-c] while the second flow rate control member [29] is interposed therebetween [fig.1 where 29 is fluidically interposed therebetween both hydrogen storage parts].
Kubo does not explicitly teach wherein the second fluid circulation part includes a thermal device provided on the second fluid circulation line, and ii) introducing the second fluid into the hydrogen storage part after the second fluid is heated or cooled in the thermal device.
However, Hoehne teaches teach wherein the second fluid circulation part [parts connected to (4) corresponding to 16 of Kubo] includes a thermal device [at least 22 see para. 0043 “20, 22 can be embodied as electrical heating and/or cooling elements”] provided on the second fluid circulation line [lines 19, 21, 27-29 and 32-34], and
ii) introducing the second fluid into the hydrogen storage part [at least 6 corresponding to 13 of Kubo] after the second fluid [water corresponding to heat medium of Kubo] is heated or cooled in the thermal device [0050 “the same assisting or maintaining effect is achievable if the water is indirectly warmed by means of the second feed line tempering arrangement 22”].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the Method of Kubo to have wherein the second fluid circulation part includes a thermal device provided on the second fluid circulation line, and ii) introducing the second fluid into the hydrogen storage part after the second fluid is heated or cooled in the thermal device in view of the teachings of Hoehne where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results,
i.e. secures a hydrogen supply method with a thermal device provided on the second fluid circulation line and the second fluid being introduced to the hydrogen storage parts after going through said thermal device which allows for change in temperature without an excessive supply of electrical energy [Hoehne; 0027].
Claim(s) 14 and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kubo et al. (US2008/0250804A1) and Hoehne et al. (US2005/0253019A1) as applied to claim 7 above, and in view of Dill et al. (US6202710B1) and further in view of Kim et al. (US2019/0165438A1).
Regarding Claim 14, modified Kubo teaches the hydrogen supply method of claim 7 Kubo teaches wherein the second fluid circulation line [16&16a-c] includes: a (2-1)-th fluid circulation line [16c; 0034 “a state where heat medium coming from the radiator 14 flows through the main flow portion 16c without being supplied to the first heat exchanging portion 16a” see also 0035 “a second state” ] connecting the second heat exchanger [41] and the second flow rate control member [29] and having a closed loop shape [fig. 1],
a (2-2)-th fluid circulation line [fig. 1; 16b of the first hydrogen storage part] connecting the first hydrogen storage part [fig. 1; 13] and the second flow rate control member [fig, 1; 29], a (2-3)-th fluid circulation line [Hoehne; 32-34 and 27-29] connecting one end and an opposite end of the second flow rate control member [Hoehne; at least 30] and having a closed loop shape [fig. 1], and a (2-4)-th fluid circulation line [fig. 1; the second hydrogen storage part] connecting the second hydrogen storage part [fig. 1; 13] and the second flow rate control member [fig. 1; 29] wherein the two-side heat exchange mode [where both 16b’s are exchanging heat] further includes:
a (2-1)-th fluid circulation operation [fig. 1] of the second fluid being introduced into the second heat exchanger [41] through the (2-1)-th fluid circulation line [16c] to exchange heat with the first fluid so as to be cooled [0047 “cooled also by the heat exchanger 41”] and then being introduced into the first hydrogen storage part [fig. 1; 13] through the (2-2)-th fluid circulation line [16b of the first hydrogen storage part] to cool the first hydrogen storage part [0048 “asses through the main flow portion 16c and the second heat exchanging portions 16b” and is cooled], and
a (2-2)-th fluid circulation operation [a circulation operation where the second fluid is directed by it corresponding valve (29) to the second hydrogen storage part; fig. 1 see also 0035 where the valves are controlled separately] of the second fluid [cooling water] being introduced through the (2-3)-th fluid circulation line [Hoehne; 32-34 and 27-29] into the second hydrogen storage part [fig. 1; 13] through the (2-4)-th fluid circulation line [fig. 1; 16b] to heat the second hydrogen storage part [0059 “appropriately heat and cool the hydrogen storage alloy MH inside the hydrogen tanks 13”].
Modified Kubo does not explicitly teach a (2-2)-th fluid circulation line connecting the first hydrogen storage part and the second flow rate control member and having a closed loop shape, and a (2-4)-th fluid circulation line connecting the second hydrogen storage part and the second flow rate control member and having a closed loop shape, and the thermal device is provided on the (2-3)-th fluid circulation line, and a (1-2)-th fluid circulation operation of the first fluid sequentially circulating in the first heat exchanger, the expansion member, the second heat exchanger, and the compressor through the first fluid circulation line, and a (2-2)-th fluid circulation operation of the second fluid being introduced into the thermal device through the (2-3)-th fluid circulation line to be heated and then being introduced into the second hydrogen storage part through the (2-4)-th fluid circulation line to heat the second hydrogen storage part.
However, Dill teaches a (2-2)-th fluid circulation line [fig. 8; 44 corresponding to 16b of the first hydrogen storage part of Kubo] connecting the first hydrogen storage part [22 on line 44 corresponding to 13 of Kubo] and the second flow rate control member [34 corresponding to 29 of Kubo] and having a closed loop shape [fig. 8], and a (2-4)-th fluid circulation line [44’ corresponding to the line of the second hydrogen storage part of Kubo] connecting the second hydrogen storage part [22’ corresponding to the second hydrogen storage part of Kubo] and the second flow rate control member [34 corresponding to 29 of Kubo] and having a closed loop shape [fig. 8].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Kubo to have a (2-2)-th fluid circulation line connecting the first hydrogen storage part and the second flow rate control member and having a closed loop shape, and a (2-4)-th fluid circulation line connecting the second hydrogen storage part and the second flow rate control member and having a closed loop shape in view of the teachings of Dill where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results,
i.e. secures a hydrogen supply module with a (2-2)th and (2-4)th circuits that have a closed loop shape and are connected to a flow rate control member which improves cooling efficiency [Dill; col.7; lines 46-50].
Further, While the references do not explicitly disclose a thermal device provided on the (2-3)-th fluid circulation line and configured to heat or cool the second fluid, and wherein the thermal device is a heating member that heats the second fluid it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the tempering arrangement (22) on the (2-3)th fluid circulation line, since it has been held that rearranging parts of an invention involves only routine skill in the art while the device having the claimed dimensions would not perform differently than the prior art device, In re Japikse, 86 USPQ 70 and since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art, In re Einstein, 8 USPQ 167.
Which would secure the hydrogen supply line with the necessary thermal device on the (2-3)th fluid circulation line which would heat or cool the second fluid and the thermal device being a heating member would heat the second fluid which someone of ordinary skill in the art before the effective filing date of the claimed invention would recognize simplifies the hydrogen supply module by reducing cost and complexity.
Furthermore, Kim teaches a (1-2)-th fluid circulation operation [at least fig. 2] of the first fluid [refrigerant] sequentially circulating in the first heat exchanger [33corresponding to 36 and 34 of Kubo], the expansion member [35 corresponding to 35 of Kubo], the second heat exchanger [37 corresponding to 41 of Kubo], and the compressor [31 corresponding to 33 of Kubo] through the first fluid circulation line [30 corresponding to 32&39 of Kubo].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify apparatus of the Kubo’s teaching with Kim by combining wherein a (1-2)-th fluid circulation operation of the first fluid sequentially circulating in the first heat exchanger, the expansion member, the second heat exchanger, and the compressor through the first fluid circulation line. The simple substitution of one known element for another is likely to be obvious when predictable results are yielded,
i.e. secures the hydrogen supply module with the proper sequential connections which improves cost, weight and allows special utilization [Kim; 0029].
Lastly, the modified Kubo teaches a (2-2)-th fluid circulation operation [Kubo; a circulation operation where the second fluid is directed by it corresponding valve (29) to the second hydrogen storage part; fig. 1 see also 0035 where the valves are controlled separately] of the second fluid [Kubo; cooling water] being introduced into the thermal device [Hoehne; 22] through the (2-3)-th fluid circulation line [3] to be heated [Hoehne; 0043] and then being introduced [Hoehne; 0050 describing introducing heated second fluid into a hydrogen storage part] into the second hydrogen storage part [Kubo; fig. 1; 13] through the (2-4)-th fluid circulation line [Kubo; fig. 1; 16b] to heat the second hydrogen storage part [Kubo; 0059 “appropriately heat and cool the hydrogen storage alloy MH inside the hydrogen tanks 13”].
Regarding Claim 16, claim 14 teaches all the limitations of claim 16. See rejection of claim 14. Claim 14 differs from claim 16 in regards to claim limitations:
And Kubo teaches the first fluid [refrigerant], the first heat exchanger [36 and 3], the compressor [33], the second heat exchanger [41], and the expansion member [35] through the first fluid circulation line [32&39], and
a (2-5)-th circulation operation [fig. 1] of the second fluid [cooling water] being introduced into the second heat exchanger [40] through the (2-1)-th fluid circulation line [16c] to exchange heat with the first fluid [refrigerant] to be heated [Kubo; 0059 “appropriately heat and cool the hydrogen storage alloy MH inside the hydrogen tanks 13”] and then being introduced into the first hydrogen storage part [13] or the second hydrogen storage part [13] through the (2-2)-th fluid circulation line [16b] or the (2-4)-th fluid circulation line [16b] to heat the first hydrogen storage part [16b] or the second hydrogen storage part [16b], and
a (2-6)-th circulation operation [fig. 1] of the second fluid [cooling water] being heated in the thermal device [Hoehne; 22] through the (2-3)-th fluid circulation line [Hoehne; 32-34 and 27-29] and then being introduced into the first hydrogen storage part [Kubo; 13] or the second hydrogen storage part [Kubo; 13] through the (2-2)-th fluid circulation line [Kubo; 16b] or the (2-4)-th fluid circulation line [Kubo; 16b] to heat [0059 “appropriately heat and cool the hydrogen storage alloy MH inside the hydrogen tanks 13”] the first hydrogen storage part [Kubo; 13] or the second hydrogen storage part [Kubo; 13].Modified Kubo does not explicitly teach a (1-1)-th fluid circulation operation of the first fluid sequentially circulating in the first heat exchanger, the compressor, the second heat exchanger, and the expansion member through the first fluid circulation line.
However, Kim teaches a (1-1)-th fluid circulation operation [at least fig. 3] of the first fluid [refrigerant] sequentially circulating in the first heat exchanger [33 corresponding to 36 and 34 of Kubo], the compressor [31 corresponding to 33 of Kubo], the second heat exchanger [37 corresponding to 41 of Kubo], and the expansion member [35 corresponding to 35 of Kubo] through the first fluid circulation line [30 corresponding to 32&39 of Kubo].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify apparatus of the Kubo’s teaching with Kim by combining a (1-1)-th fluid circulation operation of the first fluid sequentially circulating in the first heat exchanger, the compressor, the second heat exchanger, and the expansion member through the first fluid circulation line. The simple substitution of one known element for another is likely to be obvious when predictable results are yielded,
i.e. secures the hydrogen supply module with the proper sequential connections which improves cost, weight and allows special utilization [Kim; 0029].
Regarding Claim 17, claim 16 teaches all the limitations of claim 17. See rejection of claim 16. Claim 16 differs from claim 17 in regards to claim limitations:
And Kubo teaches wherein the one-side heat exchange [fig. 1 where both the first and second 16b’s have heat medium flowing through them see also para. 0035 where it is explained that each (29) can be operated individually in a one-side heat exchange mode the modified Kubo only uses the second heat exchanger or the heating device] further includes:
a (2-7)-th circulation operation [fig.1] of the second fluid [cooling water] being introduced into the second heat exchanger [40] through the (2-1)-th fluid circulation line [16c] to exchange heat with the first fluid [refrigerant] to be heated [Kubo; 0059 “appropriately heat and cool the hydrogen storage alloy MH inside the hydrogen tanks 13”] and then being introduced into the first hydrogen storage part [13] and the second hydrogen storage part [13] through the (2-2)-th fluid circulation line [16b] and the (2-4)-th fluid circulation line [16b] to heat the first hydrogen storage part [16b] and the second hydrogen storage part [16b], and wherein in the (2-7)-th fluid circulation operation[fig.1], flows of the second fluid are stopped in the (2-3)-th fluid circulation line [Hoehne; 0051 “valves 39, 40 are preferably completely closed”].
Regarding Claim 18, claim 17 teaches all the limitations of claim 18. See rejection of claim 17. Claim 17 differs from claim 18 in regards to claim limitations:
And Kubo teaches a (2-8)-th circulation operation [fig.1] of the second fluid [cooling water] being heated in the thermal device [Hoehne; 22] through the (2-3)-th fluid circulation line [Hoehne; 32-34 and 27-29] and then being introduced into the first hydrogen storage part [Kubo; 13] and the second hydrogen storage part [Kubo; 13] through the (2-2)-th fluid circulation line [Kubo; 16b] and the (2-4)-th fluid circulation line [Kubo; 16b] to heat [0059 “appropriately heat and cool the hydrogen storage alloy MH inside the hydrogen tanks 13”] the first hydrogen storage part [Kubo; 13] and the second hydrogen storage part [Kubo; 13]; and
wherein in the (2-8)-th fluid circulation operation [fig. 1], the flows of the first fluid [refrigerant] in the first fluid circulation line [39 and 32] and the second fluid [cooling water] in the (2-1)-th fluid circulation line [16c] are stopped [0036 “pump 27 to be driven and stopped, and for it to change the amount of flow on the basis of an instruction signal from the controller” and “a control portion for controlling the displacement of the refrigerant compressor”].
Regarding Claim 19, claim 17 teaches all the limitations of claim 19. See rejection of claim 17. Claim 17 differs from claim 19 in regards to claim limitations:
and Kubo teaches a (2-9)-th circulation operation [Fig. 1] of the second fluid [cooling water] being introduced into the second heat exchanger [41] through the (2-1)-th fluid circulation line [16c] to exchange heat with the first fluid to be cooled [0047 “cooled also by the heat exchanger 41”] and then being introduced into the first hydrogen storage part [fig. 1; 13] through the (2-2)-th fluid circulation line [16b of the first hydrogen storage part] and the (2-4)-th fluid circulation line [fig. 1; 16b] to cool the first hydrogen storage part and the second hydrogen storage part [0048 “passes through the main flow portion 16c and the second heat exchanging portions 16b” and is cooled; where the valve 29 is switched in such a way that both 16b’s are cooled]; and
wherein in the (2-9)-th fluid circulation operation [Fig. 1], flows of the second fluid [cooling water] are stopped in the (2-3)-th fluid circulation line [Hoehne; 0051 “valves 39, 40 are preferably completely closed”].
Modified Kubo does not explicitly teach a (1-2)-th fluid circulation operation of the first fluid sequentially circulating in the first heat exchanger, the expansion member, the second heat exchanger, and the compressor through the first fluid circulation line.
However, Kim teaches a (1-2)-th fluid circulation operation [at least fig. 2] of the first fluid [refrigerant] sequentially circulating in the first heat exchanger [33corresponding to 36 and 34 of Kubo], the expansion member [35 corresponding to 35 of Kubo], the second heat exchanger [37 corresponding to 41 of Kubo], and the compressor [31 corresponding to 33 of Kubo] through the first fluid circulation line [30 corresponding to 32&39 of Kubo].
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify apparatus of the Kubo’s teaching with Kim by combining wherein a (1-2)-th fluid circulation operation of the first fluid sequentially circulating in the first heat exchanger, the expansion member, the second heat exchanger, and the compressor through the first fluid circulation line. The simple substitution of one known element for another is likely to be obvious when predictable results are yielded,
i.e. secures the hydrogen supply module with the proper sequential connections which improves cost, weight and allows special utilization [Kim; 0029].
Allowable Subject Matter
Claim 15, is 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.
Claim 15, would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Reasons for Allowance
The following is an examiner’s statement of allowable subject matter::
Regarding claim 15, the subject matter which is considered to distinguish from the closest prior art of record, Kubo et al. (US2008/0250804A1), and in view of Hoehne et al. (US2005/0253019A1).
The prior art of record teaches wherein the two-side heat exchange mode further includes: a (2-3)-th fluid circulation operation of the second fluid being introduced into the second heat exchanger through the (2-1)-th fluid circulation line to exchange heat with the first fluid so as to be cooled and then being introduced into the second hydrogen storage part through the (2-4)-th fluid circulation line to cool the second hydrogen storage part, and a (2-4)-th fluid circulation operation of the second fluid being introduced into the thermal device through the (2-3)-th fluid circulation line to be heated and then being introduced into the first hydrogen storage part through the (2-2)-th fluid circulation line to heat the first hydrogen storage part.
In contrast to the claimed features of the (2-1)-th fluid circulation operation and the (2-2)-th fluid circulation operation are performed in a time-sequentially overlapping state, wherein the (2-3)-th fluid circulation operation and the (2-4)-th fluid circulation operation are performed in a time-sequentially overlapping state, and wherein the (2-3)-th fluid circulation operation and the (2-4)-th fluid circulation operation are performed after the (2-1)-th fluid circulation operation and the (2-2)-th fluid circulation operation.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
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/ADAM DORREL MOORE/Examiner, Art Unit 3763
/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763