Prosecution Insights
Last updated: October 04, 2026
Application No. 18/242,101

FUEL CELLS FOR EV CHARGING

Non-Final OA §102§103
Filed
Sep 05, 2023
Examiner
LE, THIEN MINH
Art Unit
Tech Center
Assignee
Hyaxiom Inc.
OA Round
2 (Non-Final)
88%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
1304 granted / 1479 resolved
+28.2% vs TC avg
Moderate +8% lift
Without
With
+8.1%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
22 currently pending
Career history
1490
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
32.9%
-7.1% vs TC avg
§102
40.6%
+0.6% vs TC avg
§112
5.4%
-34.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1479 resolved cases

Office Action

§102 §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 . The information disclosure statement filed on 9/5/2023 has been entered. Claims 1-20 are presented for examination. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 8-9 and 19 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Martin et al. (Martin et al. – 2020/0376975; herein after referred to as “Martin”). Regarding claims 1, 8-9, and 19, Martin discloses a method comprising: using a fuel cell to generate electricity for charging a vehicle (Martin; Fig. 1-2, par. 0002-0003, 0008, 0015-0017, 0044, 0046-0052; fuel cell based mobile station “[0002] A mobile fuel cell system is provided herein. The mobile fuel cell system comprises a fuel cell generator disposed on a mobile platform. The fuel cell generator has at least one fuel cell stack operable to generate electrical power in a stack output signal. A plurality of boost converter circuits are connected to the fuel cell generator. The plurality of boost converter circuits are: operable to convert the stack output signal into a plurality of recharge signals while in a first mode; one of the plurality of boost converter circuits is operable to convert the stack output signal into a local signal while in a second mode; and the stack output signal has a different voltage than the plurality of recharge signals. A plurality of charging handles are connectable to a plurality of electric vehicles. The plurality of charging handles are operable to transfer the plurality of recharge signals to the plurality of electric vehicles.”, “[0046] Referring to FIG. 1, a schematic plan diagram illustrating a context of a system 90 is shown. The system 90 may implement a mobile recharging system. The system 90 generally comprises a mobile fuel cell system 92 and multiple electric vehicles 94a-94n. The mobile fuel cell system 92 may include a mobile chassis 96, a generator 100, a fuel supply 102 and multiple cables 104a-104n. The generator 100 and the fuel supply 102 may be mounted in (or on) the mobile chassis 96. The cables 104a-104n may be connected to the generator 100”). 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. Claim 2-4, 6, 10-12 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Martin et al. (Martin et al. – 2020/0376975; herein after referred to as “Martin”) in view of Hermrle et al. (Hemrle et al. – 2022/0144115) and Podhola (Podhola – 2024/0006934). Regarding claim 2-4 and 10-12, see the discussions to claim 2 in view Martin (Martin; Fig. 1-2, par. 0002-0003, 0008, 0015-0017, 0044, 0046-0052; “[0002] A mobile fuel cell system is provided herein. The mobile fuel cell system comprises a fuel cell generator disposed on a mobile platform. The fuel cell generator has at least one fuel cell stack operable to generate electrical power in a stack output signal. A plurality of boost converter circuits are connected to the fuel cell generator. The plurality of boost converter circuits are: operable to convert the stack output signal into a plurality of recharge signals while in a first mode; one of the plurality of boost converter circuits is operable to convert the stack output signal into a local signal while in a second mode; and the stack output signal has a different voltage than the plurality of recharge signals. A plurality of charging handles are connectable to a plurality of electric vehicles. The plurality of charging handles are operable to transfer the plurality of recharge signals to the plurality of electric vehicles.”, “[0046] Referring to FIG. 1, a schematic plan diagram illustrating a context of a system 90 is shown. The system 90 may implement a mobile recharging system. The system 90 generally comprises a mobile fuel cell system 92 and multiple electric vehicles 94a-94n. The mobile fuel cell system 92 may include a mobile chassis 96, a generator 100, a fuel supply 102 and multiple cables 104a-104n. The generator 100 and the fuel supply 102 may be mounted in (or on) the mobile chassis 96. The cables 104a-104n may be connected to the generator 100”). The claim differs in calling for the method according to claim 1, including using heat from a fuel cell reaction of the fuel cell to drive a cooling process to cool charging cables for the vehicle, and wherein the fuel cell comprises phosphoric acid fuel cell (PAFC). Hermrle discloses the method of using the excess heat to cool the charging cable by providing cooling channels around the entire cable (Hermrle – “[0005] To remove heat generated by Joule effect both in the charging cable and in the charging connector, it is known to provide a cooling by guiding a flow of cooling liquid from a cooling unit, typically located inside or outside a charge post, through the charging cable and the connector back to the cooling unit, where the heat provided to the coolant by Joule effect is preferably dissipated to the sur-rounding ambient air or alternatively for example to cooling water, to a refrigeration circuit, or to external heat load as waste heat utilization. For this reason, in a known charging cable the conductors are arranged in an inner part of the cable, which inner part provides a first cooling channel for the cooling fluid. The inner part is enclosed by a tight sheath. On the outer side of the sheath the charging cable comprises a second channel for the cooling fluid, which second channel again is enclosed by a sheath surrounding the entire cable. The flow of the cooling fluid is primarily assumed to be directed so that the outer fluid space is used for the fluid to flow from a charging post towards the end connector, and back through the inner fluid volume. However, an opposite orientation of the fluid flow generally may also be provided; “[0006] Such liquid cooling is necessary for high-current fast EV chargers, mainly because the liquid cooling avoids other necessary use of bulky charging conductors which would make the charging cable very difficult to handle. Furthermore, the liquid cooling in the charging cable must be designed to meet the clause reported in standard IEC 62196-1, which limits temperature rise of electrical terminals in the charging connector to 50 K maximum.”) Podhola additionally discloses the fuel cell system wherein phosphoric acid is being used and(Podhola; par 0461 – “fuel cell systems (6052) [e.g. proton exchange membrane, alkaline, phosphoric acid, molten carbonate, solid oxide, direct methanol, etc., optionally in a purpose built container], power electronics with energy management system (6053), a buffer battery (6055) [e.g. lithium ion, lead gel, etc., which can be used for buffering, peak load shaving, etc.] and auxiliary devices (6056)”) and charging cable cooling system (Podhola; par. 0406 – “a thermostatic expansion valve, sensors, etc.] cooling a charger (2088) [which can include a central processing unit and a controller controlling the motor (2078)] and cooling a charging cable (2089) by means of another cooling circuit [which can include sensing circuits connected with the controller, etc.]. Any other thermal management system using the motor (2078) [e.g. as a coolant pump] can be used. [Alternatively, the electric motors as shown in FIGS. 176b and 194 to 197 can be provided as compressors]”). In view of Hermrle and Podhola teachings, it would have been obvious to an ordinary in the art before the filing date of the invention to incorporate the cooling cables, phosphor acid and liquid coolant like water in the system as taught by Martin and Pohola. The modifications are well within the expectations and skill levels of an ordinary skilled in the art in view of Hermrle and Podhola teachings. Regarding claims 6 and 15, see the discussions to claim 1 in view of Martin/Hermrle/Podhola. Further, Martin discloses the method according to claim 2, wherein the charging cables are for a fast charging station (Martin; par. 0112-014 – fast charger; ” [0113] The mobile fuel cell stack-based mobile DC fast charger may be suitable for scouting and data collection prior to committing to permanent location. The mobile fast charger may improve parking situations for electric vehicles in an area where a parking structure already exists but lacks built-in charging stations. The mobile fast charger may be available in urban environments with minimal disruption to existing real estate and infrastructure. The mobile fast charger may match demand/supply near real time to maximize utilization (e.g. seasonal locations such as ski slopes in the winter, beaches in the summer and highway rest stops during long holiday weekends), geographic (e.g., concerts, festivals, sporting events), or disaster relief”). Regarding claim 14, see the discussions to claim 11 in view of Martin/Hermrle/Podhola. Further, Martin discloses the system according to claim 11, wherein the PAFC comprises a cell stack of PAFCs (Martin; Fig. 1-2; par. 0002-0003, 0008, 0015-0017, 0044, 0046-0052; “[0002] A mobile fuel cell system is provided herein. The mobile fuel cell system comprises a fuel cell generator disposed on a mobile platform. The fuel cell generator has at least one fuel cell stack operable to generate electrical power in a stack output signal. A plurality of boost converter circuits are connected to the fuel cell generator. The plurality of boost converter circuits are: operable to convert the stack output signal into a plurality of recharge signals while in a first mode; one of the plurality of boost converter circuits is operable to convert the stack output signal into a local signal while in a second mode; and the stack output signal has a different voltage than the plurality of recharge signals. A plurality of charging handles are connectable to a plurality of electric vehicles. The plurality of charging handles are operable to transfer the plurality of recharge signals to the plurality of electric vehicles.”, “[0046] Referring to FIG. 1, a schematic plan diagram illustrating a context of a system 90 is shown. The system 90 may implement a mobile recharging system. The system 90 generally comprises a mobile fuel cell system 92 and multiple electric vehicles 94a-94n. The mobile fuel cell system 92 may include a mobile chassis 96, a generator 100, a fuel supply 102 and multiple cables 104a-104n. The generator 100 and the fuel supply 102 may be mounted in (or on) the mobile chassis 96. The cables 104a-104n may be connected to the generator 100”). Claim 7 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Martin et al. (l. – 2003/0230443; herein after referred to as “Martin”) in view of Keefer et al. (Keefer et al. – 2002/0004157; herein after referred to as “Keefer”). Regarding claims 7 and 16-17, see the discussions to claim 1 in view of Martin. The claim differs in calling for the method according to claim 1, the fuel cell comprises a cell stack assembly in a fuel cell power plant. Keefer discloses the fuel cell stack in a power plant to meet occasional specified peak power levels (Keefer; par. 0146 – “the size of the fuel cell stack (in a power plant required to meet occasional specified peak power levels) can be reduced for important cost savings”). In view of Keefer’s teachings, it would have been obvious to an ordinary skilled in the art before the effective filing date of the invention to incorporate the fuel cell stack in the system as taught by Martin. The modification enhances the system to meet the rising power levels occasionally which is well within the expectations and skilled levels of an ordinary skill in the art. Allowable Subject Matter Claims 5, 13, 18 and 20 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: The prior art fails to disclose: The method according to claim 3, wherein the step of generating cooling energy from the waste heat includes using an absorption chiller (the prior art fails to disclose the step of generating cooling energy from the waste heat includes using an absorption chiller as recited in claim 5; claim 13 recites similar limitations to claim 5). The specifics of absorption chiller as recited in claims 18 and 20. Response to Amendment Applicant’s arguments filed on 8/11/2026 with respect to claims 1-4, 6-12 and 14-15 have been considered but are moot in view of the new ground of rejection. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN MINH LE whose telephone number is (571)272-2396. The examiner can normally be reached 6:30-5:00 PM M-Th.. 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, Steven Paik can be reached at 571-272-2404. 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. /THIEN M LE/Primary Examiner, Art Unit 2876
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Prosecution Timeline

Sep 05, 2023
Application Filed
May 14, 2026
Non-Final Rejection mailed — §102, §103
Aug 11, 2026
Response Filed
Sep 15, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
88%
Grant Probability
96%
With Interview (+8.1%)
2y 1m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1479 resolved cases by this examiner. Grant probability derived from career allowance rate.

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