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. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement(s) (IDS) submitted on 7/7/2023 have been considered by the examiner. 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. Claim(s) 1 -3, 7-10 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Ishikawa (US 20140134508 A1) . Regarding claim 1, Ishikawa teaches all of the following elements: A fuel-cell system (2), comprising at least one fuel cell (4) (fuel cell system 40, Ishikawa) an oxidant line (16), (Oxidant gas flow channel 28, Ishikawa) an exhaust-gas line (36), (pipes 52 and 54/55 both act as exhaust gas lines, for the cathode and anode respectively “ Air from the cathode electrode (i.e., a cathode-side chamber of the fuel cell) is exhausted to the outside via a pipe 52 and a diluter 43.” Ishikawa [0024] and “Exhaust from the anode drains into a pipe 54 to be divided into 2 streams. One stream is led into a pipe 55 and the diluter 43 for exhausting the hydrogen gas to the outside after diluting the hydrogen gas with the air.” Ishikawa [0025]) a control unit (54), (“ The fuel cell system 40 is provided with a control unit (ECU) 66 for controlling the fuel cell system 40.” Ishikawa [0027]) and at least one electrically controllable valve (14, 38, 42, 46, 48, 50', 53), (Ishikawa back pressure valve, shut valve 47, valve 49. “The control unit 66 receives detection signals from, for example, the pressure sensor 42 and the temperature sensor 64 and supplies control signals to, for example, the back pressure valve 45, the valve 49, and the compressor 41.” Ishikawa [0027]. By being connected to the control unit, the valves are clearly electrically controllable.) which is coupled to the control unit and is connected to one from among the oxidant line (16) and the exhaust-gas line (36), (“ The control unit 66 receives detection signals from, for example, the pressure sensor 42 and the temperature sensor 64 and supplies control signals to, for example, the back pressure valve 45, the valve 49, and the compressor 41.” Ishikawa [0027]) wherein the control unit (54) is configured to activate the at least one valve (14, 38, 42, 46, 48, 53) in a pulsating or oscillating manner, (“ Further, the control unit 66 is connected with an ignition switch 68 from which a signal of an ignition ON/OFF is input.” By switching the valves from off to on and vice versa, the valves are activated in a pulsating or oscillating manner.) at least during a first time interval (62), such that the at least one valve (14, 38, 42, 46, 48, 53) is prevented from remaining in a stationary state and seizing up by icing during the first time interval (62). (Ishikawa figure 3 depicts a flowcha r t/procedure which involves cycling through closing and opening of the back pressure valve depending on the temperature, and is activated when the temperature goes below freezing. This teaches a procedure in which a valve is oscillated/pulsed to be nonstationary in freezing conditions, thus meeting the claimed limitation. “ In step S108, the control unit 66 opens the back pressure valve 45 to release the pressure of the cathode electrode. At this time, the control unit 66 controls the back pressure valve 45 such that the pressure of the cathode electrode may not drop to a value equal to or less than a reference pressure value P0. In other words, the control unit 66 applies pressure pulsation to the cathode electrode by opening/closing the back pressure valve 45 while maintaining the pressure of the cathode electrode equal to or greater than a reference pressure value P.” Ishikawa [0038]) Regarding claim 2, Ishikawa teaches all of the following elements: The fuel-cell system (2) according to The fuel-cell system (2) according to wherein the at least one valve (14, 38, 42, 46, 48, 53) comprises a switching valve (14, 38) (Ishikawa back pressure valve 45 functions as a switching valve. Specifically, its only functions are to be opened and closed, giving it two discrete states, as defined in the instant specification. “ In step S106, the control unit 66 closes the back pressure valve 45” Ishikawa [0035] and “In step S108, the control unit 66 opens the back pressure valve 45 to release the pressure of the cathode electrode.” Ishikawa [0038]. Instant specification says the following regarding switching valves “The switching valve only has two discrete switching states, so that the valve in question is only designed to assume one of these two switching positions.” Instant specification [0010]. Thus, by teaching a valve with only two discrete states, Ishikawa teaches a switching valve.) and the control unit (54) is configured to release the switching valve (14, 38) from a specified switching position by way of a pulsed activation signal (56) and to assume the specified switching position after a specified pulse duration, wherein the pulse duration is shorter than an inertia-based duty cycle of the switching valve (14, 38). (“ In other words, the control unit 66 applies pressure pulsation to the cathode electrode by opening/closing the back pressure valve 45 while maintaining the pressure of the cathode electrode equal to or greater than a reference pressure value P.” Ishikawa [0038]. Ishikawa teaches a control unit which is configured to open/close the switching valve via a pulsing signal. Therefore, it would be configured to/capable of performing this pulsating signal at whatever time interval is optimal. Therefore, despite not specifically mentioning an inertia-based duty cycle, the control unit of Ishikawa would meet the limitations of claim 2. Ishikawa teaches the use of pulsation on its switching valve to maintain optimal pressure levels, and therefore would be capable of adjusting the pulse times in order to achieve optimal results “The application of the pulsation to the pressure such that the pressure would not get below the reference pressure value P. Even when the pressure drops, an effective recovery of the output can be achieved by applying pulsation to the pressure to maintain the pressure at least at the reference pressure P.” Ishikawa [0045]) Regarding claim 3, Ishikawa teaches all of the following elements: The fuel-cell system (2) according to claim 2, wherein the control unit (54) is configured to continuously repeat the pulsed activation signal (56) in the first time interval (62). (“ In other words, the control unit 66 applies pressure pulsation to the cathode electrode by opening/closing the back pressure valve 45 while maintaining the pressure of the cathode electrode equal to or greater than a reference pressure value P.” Ishikawa [0038]. As described above, the pulsing method of Ishikawa demonstrates that the control unit is capable of pulsating the switching unit within a given time period/constraint. Despite the fact that Ishikawa does this to optimize pressure levels during freezing conditions, there would still be a time interval created during freezing/icing conditions in which the pulsing activation signal would be performed, and the valve would be continuously opened and closed.) Regarding claim 7, Ishikawa teaches all of the following elements: The fuel-cell system (2) according to claim 1, wherein the control unit (54) is configured to initiate the pulsating or oscillating activation in the presence of at least one parameter of a group of parameters comprising: (The procedure of Ishikawa is configured to start the pulsating/switching on and off process described above when the temperature dips below freezing, thus meeting the below limitation which states that the pulsating/oscillating activation is initiated based on the ambient temperature of the fuel-cell system.) ambient temperature of the fuel-cell system (2), at least one temperature within the fuel-cell system (2), a measure of a freezing potential, and elapsing of a specified switch-on duty cycle (58). Regarding claim 8, Ishikawa teaches all of the following elements: The fuel-cell system (2) according to claim 1, wherein the control unit (54) is configured to adjust limit parameters for the pulsating or oscillating activation on the basis of the pulsating or oscillating activation in first time intervals (62) and at least one resulting temperature detected within the fuel-cell system (2) during the preceding first time intervals (62). (As described in claim 1, the control unit of Ishikawa is configured to perform the oscillations/pulsation of opening and closing the pressure valve based on the temperature of the fuel-cell system dropping below freezing. Thus, despite not being worded in the same way as claim 8, the control unit is configured to adjust the opening and closing of the valve based on the temperature of the fuel-cell system, and therefore the limitations of claim 8 are met.) Regarding claim 9, Ishikawa teaches all of the following elements: A method for operating a fuel-cell system (2) (“ Now, a method for controlling the fuel cell system is described with reference to FIG. 3.” Ishikawa [0028]) having an oxidant line (16) (Oxidant gas flow channel 28, Ishikawa) and an exhaust-gas line (36), (pipes 52 and 54/55 both act as exhaust gas lines, for the cathode and anode respectively “ Air from the cathode electrode (i.e., a cathode-side chamber of the fuel cell) is exhausted to the outside via a pipe 52 and a diluter 43.” Ishikawa [0024] and “Exhaust from the anode drains into a pipe 54 to be divided into 2 streams. One stream is led into a pipe 55 and the diluter 43 for exhausting the hydrogen gas to the outside after diluting the hydrogen gas with the air.” Ishikawa [0025]) the method comprising: pulsating or oscillating activation of at least one electrically controllable valve (14, 38, 42, 46, 48, 53) connected to one among the oxidant line (16) and the exhaust-gas line (36) (“ Further, the control unit 66 is connected with an ignition switch 68 from which a signal of an ignition ON/OFF is input.” By switching the valves from off to on and vice versa, the valves are activated in a pulsating or oscillating manner.) in such a way that the at least one valve (14, 38, 42, 46, 48, 53) is prevented from remaining in a stationary state and seizing up by icing during the first time interval (62). (Ishikawa figure 3 depicts a flowchart/procedure which involves cycling through closing and opening of the back pressure valve depending on the temperature, and is activated when the temperature goes below freezing. This teaches a procedure in which a valve is oscillated/pulsed to be nonstationary in freezing conditions, thus meeting the claimed limitation. “ In step S108, the control unit 66 opens the back pressure valve 45 to release the pressure of the cathode electrode. At this time, the control unit 66 controls the back pressure valve 45 such that the pressure of the cathode electrode may not drop to a value equal to or less than a reference pressure value P0. In other words, the control unit 66 applies pressure pulsation to the cathode electrode by opening/closing the back pressure valve 45 while maintaining the pressure of the cathode electrode equal to or greater than a reference pressure value P.” Ishikawa [0038]) Regarding claim 10, Ishikawa teaches all of the following elements: The method according to claim 9, wherein the pulsating or oscillating activation takes place around a specified opening position of the valve (14, 38, 42, 46, 48, 53). (Since there is no clear definition of what the specified opening position of the valve is, in claim 10 or in the specification, the pulsating/oscillating method of Ishikawa would meet the limitations of claim 10. Specifically, Ishikawa is configured to open and close the valve from a closed or open position, respectively. This could be a “specified opening position.”) 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 . This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa (US 20140134508 A1) in view of Woolliams (US 20130196241 A1) . Regarding claim 4, Ishikawa teaches all of the elements of claim 1, as shown above. Ishikawa is silent on the following elements of claim 4: The fuel-cell system (2) according to claim 1, wherein the at least one valve (14, 38, 42, 46, 48, 53) comprises a steady valve (42, 46, 48, 53) and the control unit (54) is configured to activate the steady valve (42, 46, 48, 53) with an activation signal (56) representing a specified open position, on which signal an oscillating auxiliary signal (60) is up- modulated during the first time interval (62). However, Woolliams teaches all of the elements of claim 4 that are not found in Ishikawa. Specifically, Woolliams teaches the use of a steady valve, or a valve that is used to maintain a constant flow/pressure rate. The fuel-cell system (2) according to claim 1, wherein the at least one valve (14, 38, 42, 46, 48, 53) comprises a steady valve (42, 46, 48, 53) (“ The volumetric oxidant or air flow rate can be controlled in various ways as is known to those skilled in the art. For instance, with a constant pressure supply of oxidant to the fuel cell stack, volumetric flow rate can be controlled using a variable valve in the oxidant inlet or exhaust line.” Woolliams [0033]) and the control unit (54) is configured to activate the steady valve (42, 46, 48, 53) with an activation signal (56) representing a specified open position, on which signal an oscillating auxiliary signal (60) is up- modulated during the first time interval (62). (By modifying Ishikawa to include a steady valve such as that taught by Woolliams [ i.e. , a valve that can have continuous opening/closing and is used to have a continuous flow of gas], the control unit would be configured to activate the valve upon reaching freezing temperature, and the valve would be opened and closed in such a manner that it would maintain flow through the oxidant line .) Ishikawa and Woolliams are considered to be analogous because they are both within the same field of fuel cell systems which contain valves controlled by a control unit, and which are aimed toward low-temperature/freezing conditions. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the fuel cell system of Ishikawa, specifically valve 49, which is different than back pressure valve 45 and is used to supply the anode with hydrogen gas, to be a steady valve which is opened and closed in order to maintain a constant flow rate into a fuel cell system. This would be desirable in a fuel cell system as maintaining a flow allows for a more effective start up process in freezing conditions (“The volumetric oxidant or air flow rate can be controlled in various ways as is known to those skilled in the art. For instance, with a constant pressure supply of oxidant to the fuel cell stack, volumetric flow rate can be controlled using a variable valve in the oxidant inlet or exhaust line.” Woolliams [0033] and “While volumetric oxidant flow rate has been found to be an important factor for successful, rapid startup from subzero temperatures, other factors can also be important for success too.” Woolliams [0034]) This modification would meet the limitations of both claim 5 and 6, as the control unit of Ishikawa is configured to open and close all of the valves, and therefore would be capable or pulsating and/or oscillating the steady valve of Woolliams in order to optimally control the flow in freezing conditions. Regarding claim 6, modified Ishikawa teaches all of the elements of claim 4, as shown above. Ishikawa is The fuel-cell system (2) according to claim 4, wherein the control unit (54) is configured to interrupt the up- modulation of the auxiliary signal (60) in case of transient specified opening position. (By teaching a control unit which is configured to open/close the variable valve to maintain a constant flow rate, the control unit would have to be able to interrupt the up-modulation of the signal in order to maintain the desired flow rate. Thus, by modifying Ishikawa to include the steady valve used to maintain constant flow rate of Woolliams , the limitations of claim 6 would be met. The control unit would be configured to do all that is required by the claim.) Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa (US 20140134508 A1) in view of Woolliams (US 20130196241 A1) and further in view of Wake (US 20090035614 A1). Regarding claim 5, modified Ishikawa teaches all of the elements of claim 4, as shown above. Ishikawa and Woolliams are silent on the following elements of claim 5: The fuel-cell system (2) according to claim 4 wherein the oscillating auxiliary signal (60) is selected such that the steady valve (42, 46, 48, 53) oscillates around the specified opening position by a specified degree of opening proportion. However, Wake teaches all of the elements of claim 5 that are not found in Ishikawa or Woolliams . Specifically, Wake teaches the optimization of the opening degree of a valve being controlled by a control unit. Thus, one using the fuel cell system of Ishikawa with the steady valve of Woolliams would have the knowledge that adjusting the degree of opening of a valve element is a result effective variable and could optimize based on this: The fuel-cell system (2) according to claim 4 wherein the oscillating auxiliary signal (60) is selected such that the steady valve (42, 46, 48, 53) oscillates around the specified opening position by a specified degree of opening proportion. (“ The back-pressure control valve 34 is formed of, for example, a butterfly valve or the like, and opening and closing of the valve element is controlled, or a degree of opening of the valve element is adjusted to become a specific angle, in accordance with a control signal from the ECU 70.” Wake [0058]) Wake and Ishikawa are considered to be analogous because they are both within the same field of fuel cell systems with back-pressure valves that are opened and closed in order to optimize conditions within the cell system. Specifically, they both relate to issues of low-temperature systems (“When a fuel cell mounted on a vehicle or the like is used in a low-temperature environment (e.g., below zero), residual water (produced water) may be frozen and may damage a solid polymer electrolyte membrane and the like. “ Woke [0006]) Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify a steady valve [taught by Woolliams ] in the fuel cell system of Ishikawa to be pulsed/oscillated to open to a specific opening degree in order to optimize gas/pressure flow within the system (“ Specifically, the ECU 70 calculates a present total purging amount, based on a pressure on upstream side of the purge valve 25 (secondary pressure of the pressure reducing valve 23), an opening degree of the purge valve 25 (cross sectional area of the gas channel in the valve-opened state) and an opening period of the purge valve 25.” Wake [0067]) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT BENJAMIN ELI KASS-MULLET whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-0156 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 8:30am-6pm except for the first Friday of bi-week . 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, FILLIN "SPE Name?" \* MERGEFORMAT NICHOLAS SMITH can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-8760 . 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. /BENJAMIN ELI KASS-MULLET/ Examiner, Art Unit 1752 /NICHOLAS A SMITH/ Supervisory Primary Examiner, Art Unit 1752