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 .
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.
Claim(s) 1-6, 8 & 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miura (US20080008921) in view of Ihonen (US20160099478).
Regarding Claim 1, Miura discloses a determination method for determining an inferior gas component in a fuel cell for operating a fuel cell system (inferior gas is nitrogen, nitrogen concentration is determined to operate fuel cells, [009]), the method comprising:
Operating the fuel cell system via control device in a determination mode at a constant operating point for a predefined period (electronic control unit-20 acts as control device, [0031], amount of discharged fuel off-gas discharged to the outside of fuel cell based on nitrogen concentration, [0012], the discharge amount control mechanism to stop operation of the fuel cell, [0014], there having a nitrogen concentration to determine when the fuel cell is operating and when it is stopped operating),
Determining via the control device a purge mass flow that is set during the determination mode (discharge control mechanism can set an open time of a purge value for discharging fuel off-gas to outside in proportion to nitrogen concentration, [0016]),
Ascertaining via the control device an inferior gas concentration in the fuel on the basis of the determined purge mass flow (nitrogen concentration estimation mechanism includes measuring the physical quantity detected in the fuel off-gas passage, [0012]),
Outputting the ascertained inferior gas concentration on a display unit and/or setting the fuel cell system, via the control device on the basis of the ascertained gas concentration (see 112b rejection above, nitrogen concentration is used to control the discharge amount, [0014]).
Miura does not directly disclose wherein during the determination mode, varying, via the control device, a purge frequency of a purge valve of the fuel cell system until a hydrogen concentration in an exhaust gas generated by the fuel cell system is constant.
Ihonen disclose a method for monitoring a fuel cell ([0016]). Ihonen further discloses wherein the hydrogen concentration measurement is used together with a purge valve opening sequences ([0024]). Ihonen further discloses wherein the hydrogen concentration can be used to have a constant hydrogen gas composition through the purge process ([0048], [0051]). Ihonen teaches that this method provides improved fuel efficiency of the fuel cell system ([0051]).
It is the examiner’s position that since Ihonen teaches that the hydrogen concentration can be adjusted to be constant using the purge valve opening frequency, that Ihonen teaches that the hydrogen concentration in an exhaust gas generated by the fuel cell system can be made constant.
Therefore it would be obvious to one of ordinary skill in the art to modify Miura with the teachings of Ihonen to have wherein during the determination mode, varying, via the control device, a purge frequency of a purge valve of the fuel cell system until a hydrogen concentration in an exhaust gas generated by the fuel cell system is constant. This modification would yield the expected result of improved fuel cell efficiency.
Regarding Claim 2, Miura in view of Ihonen discloses the limitations as set forth above. Miura does not directly disclose wherein the purge mass flow is determined on the basis of a number of performed purge cycles.
Miura discloses wherein the amount of discharged fuel off-gas is controlled by varying the open time of the purge value and by varying the operation cycles of the purge value ([0057]).
Therefore, it would be obvious to one of ordinary skill in the art using the disclosure of Miura to have wherein the purge mass flow is determined on the basis of a number of performed purge cycles.
Regarding Claim 3, Miura in view of Ihonen discloses the limitations as set forth above. Miura further discloses wherein the purge mass flow is determined by means of a mass flow sensor (gas concentration sensors and pressures sensors are used to measure discharge gas flow, [0034], hydrogen sensor, [0039]).
Regarding Claim 4, Miura in view of Ihonen discloses the limitations as set forth above. Miura further discloses wherein the inferior gas concentration (nitrogen gas concentration, [0012]), is determined by means of an allocation scheme that mathematically maps an association between a purge mass flow and an inferior gas concentration for the fuel cell system ([0010], [0012], [0013]).
Miura discloses wherein the purge valves can be adjusted to be open based on a proportion to an increase in the nitrogen concentration ([0016]). Miura further discloses wherein the hydrogen concentration discharge rate is restored by discharging the fuel off-gas ([0015]). Miura further discloses wherein the nitrogen concentration is calculated form the hydrogen concentration by a hydrogen sensor ([0037]). Miura further discloses wherein the nitrogen concentrations are used to determine the operation of the purge valves ([0044]). Miura further discloses wherein the amount of discharged fuel off-gas can be optimized based on nitrogen concentrations ([0049]).
Therefore, it would be obvious to one of ordinary skill in the art using the disclosure of Miura to have wherein during the determination mode, a purge frequency of a purge valve of the fuel cell system is varied until a hydrogen concentration in an exhaust gas generated by the fuel cell system is constant, and wherein the when the hydrogen concentration in the exhaust is constant, the purge mass flow is subsequently determined.
Regarding Claim 6, Miura in view of Ihonen discloses the limitations as set forth above. Miura does not directly disclose wherein in the determination mode, the activation frequency of the purge valve is reduced with a decreasing concentration of hydrogen in the exhaust gas and increased with an increasing concentration in the exhaust gas.
Miura discloses wherein the nitrogen concentration is estimate from the hydrogen concentration ([0015]). Miura further discloses wherein the nitrogen concentrations are used to determine the operation of the purge valves ([0044]). Miura further discloses wherein the discharge amount control is sept to an open time of purge valve for discharge based on an increase in nitrogen concentration ([0016]). Miura teaches that for fuel cell systems that the nitrogen and hydrogen concentrations have an inverse relationship ([005]).
Therefore, it would be obvious to one of ordinary skill in the art using the disclosure of Miura to have wherein in the determination mode, the activation frequency of the purge valve is reduced with a decreasing concentration of hydrogen in the exhaust gas and increased with an increasing concentration in the exhaust gas.
Regarding Claim 8, Miura in view of Ihonen discloses the limitations as set forth above. Miura further discloses a use of the determination method for determining an inferior gas concentration in a tank system for providing fuel to a fuel cell system ([0014], [0044]).
Regarding Claim 9, Miura in view of Ihonen discloses the limitations as set forth above. Miura does not directly disclose a use of the determination method for determining an inferior gas concentration in a tank system for providing fuel to a fuel cell system.
Miura discloses wherein the discharge fuel-off gas is optimized based on the nitrogen contraction of the fuel gas ([0011]). Miura further discloses wherein this optimization can provide improved power generation performance by suppressing unnecessary discharge of hydrogen and controlling and restoring the hydrogen concentration ([0049]).
Therefore, it would be obvious to one of ordinary skill in the art using the disclosure of Miura to have wherein a use of the determination method for determining an inferior gas concentration in a tank system for providing fuel to a fuel cell system.
Claim(s) 7 & 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miura (US20080008921) in view of in view of Ihonen (US20160099478) further in view of Yoshinobu (JP2009043564A).
Regarding Claim 7, Miura in view of Ihonen discloses the limitations as set forth above.
Miura discloses measuring the inferior gas concentration (nitrogen concentration is measured through a variety of means including nitrogen sensors, [0013], [0040]). Miura further discloses an ECU that controls the fuel cell system ([0031])
However, Miura does not directly disclose a use of the determination method according to claim 1 for indicating a quality of a fuel cell on a display unit.
The examiner notes under the broadest reasonable interpretation of the claim in view of the specifications, that “quality” can be interpreted to mean the inferior gas concentration.
Yoshinobu discloses a fuel cell system and impurity concentration estimation method ([001]). Yoshinobu further discloses wherein the fuel cell system includes a control unit that includes a display system ([0024]).
Therefore it would be obvious to modify Miura with the teaching of Yoshinobu to have use of the determination method according to claim 1 for indicating a quality of a fuel cell on a display unit.
Regarding Claim 10, Miura disclose as fuel cell with inferior gas determination (inferior gas is nitrogen, nitrogen concentration is determined to operate fuel cells, [009]), the fuel cell system comprising:
A fuel cell ([0029]),
A hydrogen sensor (for measuring a hydrogen concentration in an exhaust gas of the fuel cell system ([0034]),
A purge value ([0031]),
A control device ([0031])
Wherein the control device is configured to ([0031]);
Operating the fuel cell system via control device in a determination mode at a constant operating point for a predefined period (electronic control unit-20 acts as control device, [0031], amount of discharged fuel off-gas discharged to the outside of fuel cell based on nitrogen concentration, [0012], the discharge amount control mechanism to stop operation of the fuel cell, [0014], there having a nitrogen concentration to determine when the fuel cell is operating and when it is stopped operating),
Determining via the control device a purge mass flow that is set during the determination mode (discharge control mechanism can set an open time of a purge value for discharging fuel off-gas to outside in proportion to nitrogen concentration, [0016]),
Ascertaining via the control device an inferior gas concentration in the fuel on the basis of the determined purge mass flow (nitrogen concentration estimation mechanism includes measuring the physical quantity detected in the fuel off-gas passage, [0012]),
Outputting the ascertained inferior gas concentration on a display unit and/or setting the fuel cell system, via the control device on the basis of the ascertained gas concentration (see 112b rejection above, nitrogen concentration is used to control the discharge amount, [0014]).
Miura further discloses measuring the inferior gas concentration (nitrogen concentration is measured through a variety of means including nitrogen sensors, [0013], [0040]). Miura further discloses an ECU that controls the fuel cell system ([0031])
Miura does not directly disclose wherein during the determination mode, varying, via the control device, a purge frequency of a purge valve of the fuel cell system until a hydrogen concentration in an exhaust gas generated by the fuel cell system is constant.
Ihonen disclose a method for monitoring a fuel cell ([0016]). Ihonen further discloses wherein the hydrogen concentration measurement is used together with a purge valve opening sequences ([0024]). Ihonen further discloses wherein the hydrogen concentration can be used to have a constant hydrogen gas composition through the purge process ([0048], [0051]). Ihonen teaches that this method provides improved fuel efficiency of the fuel cell system ([0051]).
Therefore it would be obvious to one of ordinary skill in the art to modify Miura with the teachings of Ihonen to have wherein during the determination mode, varying, via the control device, a purge frequency of a purge valve of the fuel cell system until a hydrogen concentration in an exhaust gas generated by the fuel cell system is constant. This modification would yield the expected result of improved fuel cell efficiency.
Miura does not directly disclose wherein the ECU output the ascertained inferior gas concentration on a display unit.
Yoshinobu discloses a fuel cell system and impurity concentration estimation method ([001]). Yoshinobu further discloses wherein the fuel cell system includes a control unit that includes a display system ([0024]).
Therefore, it would be obvious to modify Miura with the teaching of Yoshinobu to have wherein the ECU output the ascertained inferior gas concentration on a display unit.
Miura does not directly disclose a fuel cell stack.
Yoshinobu discloses a fuel cell that can be formed of a large number of stacked unit cells ([0015]).
Therefore, it would be obvious to modify Miura with the teaching of Yoshinobu to have wherein fuel cell stack. This modification would the expected result of improved power generation density.
7. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miura (US20080008921) in view of in view of Ihonen (US20160099478) further in view of Yoshinobu (JP2009043564A) further in view of Wang (US20170179503).
Regarding Claim 11, Miura in view of Ihonen further in view of Yoshinobu discloses the limitations as set forth above.
Miura does not directly disclose wherein the control device is configured so as to transfer respectively ascertained inferior gas concentration via an output interface to a central server in order to provide the respectively ascertained inferior gas concentration for computer unit to a central server.
Wang discloses a fuel cell system (fuel cell power plant, [0076]). Wang further discloses wherein the fuel cell system include a database server to store measurements of the fuel cell system ([0085]). Wang teaches that this structure provides improved device performance during operation ([0050]).
Therefore it would be obvious to one of ordinary skill in the art to modify the structure of Miura with the teaching of Wang to have wherein the control device is configured so as to transfer respectively ascertained inferior gas concentration via an output interface to a central server in order to provide the respectively ascertained inferior gas concentration for computer unit to a central server.
Response to Arguments
Applicant’s amendments, see Claims, filed February 11th, 2026, with respect to the 112 Rejections have been fully considered and are persuasive. The 112(b) rejections of Claims 1-11 has been withdrawn.
Applicant’s amendments in view of their arguments, see Claims, filed February 11th, 2026, with respect to the rejection(s) of claim(s) 1 and its dependents under 35 USC 102 and 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Miura in view of Ihonen under 35 USC 103.
The examiner notes that Miura discloses an ECU for estimating nitrogen concentration ([0010]). Miura further discloses wherein the nitrogen concentration is in direct relation to the hydrogen concentration ([0010]). Therefore Miura in view of Ihonen discloses wherein the hydrogen concentration can be adjusted to be constant.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANKITH R SRIPATHI whose telephone number is (571)272-2370. The examiner can normally be reached Monday - Friday: 7:30 am - 5:00pm.
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/ANKITH R SRIPATHI/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728