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 .
Response to Amendment
The amendment filed 07/08/2026 has been entered.
The amendment overcomes the Objection to claim 1 of the 04/20/2026 action. This objection is now withdrawn.
Response to Arguments
Applicant's arguments filed 07/08/2026 have been fully considered but they are not persuasive. Applicant argues that it would not be obvious to substitute the flow control valve of Noguchi in for that of Sugawara due to their different control natures. However, both are known control valve devices to accomplish the shared inventive goal of flow control, so it would have still be obvious to an ordinarily skilled artisan that using the valve of Noguchi within Sugawara would result in the ability to control the flow through the bypass line, regardless of the method of actuation. In fact, simple substSuch disclosure provides further evidence in support of Examiner’s position in the below 3 USC 103 rejection that using the flow control valve of Noguchi in place of that of Sugawara would have been an obvious modification.
New claims 8-9 present the same limitations as previous claims 6-7, with only differing dependencies. No arguments were presented against the An reference as applied in the rejection of record, so the An reference is applied in the rejection below of claims 6-9. Arguments merely alleging patentability of the new claims are not persuasive, since base claim 1 is still rejected below.
While the 35 USC 102 anticipation rejection is overcome by the amendment, 35 USC 103 rejections over claim 1 and its dependent claims are presented below with the same grounds used in the 04/20/2026 action to reject previous claims 2-4 (which are now canceled, with their subject matter incorporated into amended claim 1).
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.
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) 1 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugawara et al. (US 2012/0251900 A1, as cited in the 04/20/2026 rejection of record) in view of Noguchi et al. (JP-H1137339-A, as cited with attached translation in 04/20/2026 rejection of record).
Regarding claim 1, Sugawara teaches a fuel cell system (fuel cell system, abstract) capable of adjusting a bypass flow rate (via bypass controlling member, abstract and [0025]) comprising:
an off-gas inflow flow path configured to supply at least a part of an off-gas discharged from a fuel cell stack to (oxidant eject path 12 which is connected to the cathode electrodes of the fuel cell stack 10 and which is ejected with an off-gas after reaction – at upstream side of humidifier 30; [0020-0021] and fig. 1) a membrane humidifier (humidifier 30 is equipped with… a hollow fiber membrane or a flat membrane and the like; [0022] and fig. 1);
an off-gas discharge flow path configured to discharge the off-gas flowing into the membrane humidifier and performing moisture exchange to the outside (oxidant eject path 12 – at downstream side of humidifier 30; [0021] and fig. 1);
a bypass flow path (a bypass route 20; [0021] and fig. 1) configured to causing at least a part of the off-gas discharged from the fuel cell stack to flow to the off-gas discharge flow path by bypassing the membrane humidifier (bypass route 20 connects the oxidant eject path 12 at an upstream and a downstream side of the humidifier 30 while bypassing the humidifier 30; [0021] and fig. 1); and
a bypass flow rate adjustment portion formed in the bypass flow path and configured to adjust a degree of opening of the bypass flow path (a bypass ratio changing member, e.g. a flow control valve 21 which changes an opening degree of the bypass route 20; [0021] and fig. 1) depending on a temperature of the off-gas discharged from the fuel cell stack (bypass controlling member changes the bypass ratio with the bypass ratio changing member according to the detected value of the fuel cell output parameter, [0007]; a temperature of the fuel cell may be used as the fuel cell output parameter, [0043]);
but fails to teach:
the bypass flow rate adjustment portion includes a thermal expansion material contracting in a first temperature range and expanding in a second temperature range greater than the first temperature range,
the bypass flow rate adjustment portion is inserted in a ring shape into an annular fixing groove formed on an inner wall of the bypass flow path.
As cited above, Sugawara does teach in [0007] a bypass ratio changing member which changes a bypass ratio which is a ratio of a magnitude of a flow rate of the off-gas circulating the bypass route with respect to a flow rate of the off-gas ejected from the cathode electrodes to the oxidant eject path, via a bypass controlling member which changes the bypass ratio with the bypass ratio changing member, based on detection of a fuel cell output parameter which changes according to the output of the fuel cell (which can be a detected temperature, per [0043]). Sugawara also teaches in [0021] as cited above that bypass ratio changing member accomplishes the above-explained flow control adjustment by changing an opening degree of the bypass route.
Noguchi is pertinent to the problem of controlling a fluid flow rate within a flow route/path. Noguchi teaches toward a control valve that is thermally responsive ([0001] at pg. 4) and changes a cross-sectional area of a flow path to control a flow rate therethrough by way of a first elastic body that receives a pressure change due to thermal expansion or thermal contraction of the thermal expansion body through the temperature-sensitive part ([0004-0005] at pg. 4). Noguchi teaches toward: a flow rate adjustment portion that includes a thermal expansion material (a thermal expansion member 13, under [0016] at pg. 6) contracting in a first temperature range (the pressure in the temperature sensing section 14 decreases due to the thermal contraction of the thermal expansion body 13, and at the same time, the pressing pressure also decreases, and the cross section of the flow path expands due to the spring force of the elastic tube itself; ~4th paragraph in “Embodiment 1” section, under [0016] at pg. 6) and expanding in a second temperature range greater than the first temperature range (pressure change due to the thermal expansion of the thermal expansion body 13 is caused by the heating temperature of the heating section 18 … the wall surface of the first elastic tube 12 which is one wall surface of the temperature sensing portion 14 is crushed and elastically deforms in a direction to reduce the cross-sectional area of the flow path; ~4th paragraph in “Embodiment 1” section, under [0016] at pg. 6). Noguchi at [0003] teaches that this type of valve solves problems caused by conventional types of temperature-input flow-control valves, including: complicated structure, large number of parts, high cost, high weight, lack of responsiveness due to poor thermal conductivity, and unreliability due to clogging. Noguchi teaches their inventive thermo-responsive flow control valve having a structure of being formed in a ring shape (cross-section as shown Noguchi Fig. 2) on an inner wall of a flow path (thermal expansion member 13 on inner wall of inelastic tube 11, forming flow path 15; Noguchi Figs. 1-2), and specifically is inserted in a ring shape (cross-section as shown Noguchi Fig. 2) into an annular fixing groove formed on an inner wall of the flow path (13 fitted into upward groove/convex portion of tube 11 as shown in Noguchi Fig. 1)
It would have been obvious, at the time of filing, for a person having ordinary skill in the art to replace the flow control valve of Sugawara (within the bypass flow rate adjustment portion) with the flow control valve taught by Noguchi (including the thermal expansion material for expanding and contracting in response to temperature), with the motivation of achieving a less-complicated structure, lower cost and weight, and increased responsiveness and reliability. Further, the simple substitution of one known element (i.e., control valve) for another to obtain predictable results supports a conclusion of obviousness per MPEP 2143 I (B).
Thereby, claim 1 is rendered obvious
Regarding claim 5, modified Sugawara teaches the limitations of claim 1 above and the off-gas inflow flow path and the bypass flow path are formed in the same direction (12 and 20 both flow left-to-right in Fig. 1).
Claim(s) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugawara et al. (US 2012/0251900 A1, as cited in the 04/20/2026 rejection of record) and Noguchi et al. (JP-H1137339-A, as cited with attached translation in 04/20/2026 rejection of record) as applied to claims 1 and 5 above, and further in view of An et al. (US 2018/0316028 A1, as cited in the 04/20/2026 rejection of record).
Regarding claim 6, claim 7, claim 8, and claim 9: modified Sugawara teaches the limitations of claims 1 and 5 above but fails to teach:
{regarding claim 6; claim 8} the membrane humidifier includes a mid-case having an off-gas inlet connected to the off-gas inflow flow path, caps fastened to the mid-case, and a humidification module disposed inside the mid-case to accommodate a plurality of hollow fiber membranes.
{regarding claim 7; claim 9} the humidification module includes at least one cartridge including an inner case configured to accommodate the plurality of hollow fiber membranes and potting portions formed at ends of the inner case.
As cited above, Sugawara teaches in [0022] the humidifier can be equipped with a hollow fiber membrane, but is silent toward a detailed structure thereof.
An is analogous in the art of humidifiers for fuel cell systems (title) and teaches a membrane humidifier (a humidifier 100a for a fuel cell system, including hollow fiber membranes 112; [0060-0062] and fig. 3) that includes a mid-case (second/outer housing 111b of housing 111, [0065] and fig. 3) having an off-gas inlet connected to the off-gas inflow flow path (housing 111b has an off-gas inlet port IP2 for receiving the off-gas from the fuel cell stack 10; [0063, 0065] and fig. 3), caps fastened to the mid-case (a first cap 120 coupled to the first end and a second cap 130 coupled to the second end; [0061] and fig. 3 showing 120/130 abutting 111b), and a humidification module (humidifying module 110, [0061]) disposed inside the mid-case (110 housed in 111, [0062] and fig. 3) to accommodate a plurality of hollow fiber membranes (a plurality of hollow fiber membranes 112, [0062] and fig. 3). An further teaches their inventive humidification module including: at least one cartridge including an inner case (central portion of module 110, inside first/inner case 111a; [0065] and fig. 3) configured to accommodate the plurality of hollow fiber membranes (first housing 111a containing the hollow fiber membranes 112, [0065] and fig. 3) and potting portions formed at ends of the inner case (the two end parts of each hollow fiber membrane 112 may be respectively potted in the first sub-fixing layers 113a and 114a respectively positioned inside the two end portions of the first housing 111a; [0065] and fig. 3). An teaches such a configuration of housing 111 and cap 120 further including air tube 140a connecting an inner space therebetween – and covered by the fixing layer 113 – to regulate a pressure differential, which mitigates fire/explosion risk by avoiding discharge high density hydrogen (abstract, [0072-0073]). An teaches in [0022] two end parts of the hollow fiber membrane being potted in the first and second fixing layers respectively such that the inner spaces of the first and second caps are in fluid communication with each other only through a lumen of the hollow fiber membrane.
It would have been obvious, at the time of filing, for a person having ordinary skill in the art to modify the fuel cell system humidifier within modified Sugawara to have the structure of that as taught toward by An, or to be substituted therewith, with the motivation of expecting sufficient humidification functionality within the fuel cell system as desired by both Sugawara and An. The simple substitution of one known element for another (i.e., the humidifier of An for that of Sugawara) to obtain predictable results (i.e., humidification of the modified Sugawara fuel cell system) supports a conclusion of obviousness per MPEP 2143 I (B). Further, as a person having ordinary skill in the art would be motivated to further modify Sugawara to include the structural components of An (mid-case, inner case, caps, humidification module, cartridge, potting portions – reading on the instant claims 6-9 as explained above) to achieve the beneficial effects taught by An, such as explosion risk mitigation and proper fluid communication through the hollow fiber lumens.
Thus, the instant claims 6-9 are rendered obvious.
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Acker et al. (US 2002/0122966 A1) teaches in [001] that: the flow of fuel which is being used to raise the temperature of the DMFC is controlled with a control valve that is either electrically or thermally actuated. In the thermally actuated version, a valve may be constructed of two materials having different coefficients of expansion. When the temperature is relatively cold, the valve is open and allows fuel to flow to the DMFC, which eventually raises the temperature. As the temperature rises sufficiently high, the valve closes and cuts off the flow of fuel. As a result, the DMFC's temperature is well regulated without the need for a temperature sensor, controller or bypass valve.
Conclusion
THIS ACTION IS MADE FINAL. 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 Jessie Walls-Murray whose telephone number is (571)272-1664. The examiner can normally be reached M-F, typically 10-4.
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/JESSIE WALLS-MURRAY/Primary Examiner, Art Unit 1728
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