Prosecution Insights
Last updated: July 17, 2026
Application No. 18/275,176

METHOD FOR OPERATING A FUEL CELL, AND FUEL CELL SYSTEM

Non-Final OA §102
Filed
Jul 31, 2023
Priority
Feb 01, 2021 — DE 102021102196.0 +2 more
Examiner
EGGERDING, ALIX ECHELMEYER
Art Unit
1729
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Schaeffler Technologies AG & Co. KG
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
11m
Est. Remaining
75%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allowance Rate
445 granted / 772 resolved
-7.4% vs TC avg
Strong +18% interview lift
Without
With
+17.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
24 currently pending
Career history
803
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
89.0%
+49.0% vs TC avg
§102
4.4%
-35.6% vs TC avg
§112
0.9%
-39.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 772 resolved cases

Office Action

§102
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 filed 7/31/23 has been considered by the examiner. Claim Objections Claim 11 objected to because of the following informalities: there is a typographical error in the sixth line. Specifically, “o” should be “to” and will be interpreted as such. Appropriate correction is required. 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. Claims 1-4, 9-14, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kato et al. (JP 2007-042305). Regarding claim 1, Kato teaches a method for operating a fuel cell system comprising: supplying gaseous fuel, or hydrogen from hydrogen tank (121), via a gas feed line, or supply path (122) on an anode side and supplying air by an air supply pump (113) via a gas feed line, or air supply path (110) on a cathode side; coupling the gas feed lines via a pressure-transmitting element, or second cylinder (15s); and in the event of an increased power requirement for the fuel cell (abstract), at least partially transmitting a gas pressure from the gas feed line on the anode side, or fuel gas side pressure regulation path (151), via the pressure-transmitting element (15s) to the gas feed on the cathode side to increase a gas pressure in the cathode-side gas feed line in the pressure adjustment path (132) (Figure 8, p. 10). As for claim 2, Kato teaches that the pressure-transmitting element (15s) has a displaceable piston (15p) (Figure 8, p. 10). With regard to claims 3-4, Kato teaches a pressure accumulator, or first cylinder (13s), for discharging gas into the air supply path (110) to increase pressure in the gas feed line on the cathode side and further refilling the pressure accumulator, or sucking gas into the first cylinder (13s) (Figure 8, p. 9). Regarding claim 9, Kato teaches pressurizing the air in the cathode-side gas feed line with a compressor, or air supply pump (113), that can be operated to increase gas pressure, or adjusts air supply amount (Figure 8, p. 8). As for claim 11, Kato teaches that the fuel cell used in the method described above with reference to claim 1 is a polymer electrolyte fuel membrane fuel cell (p. 5) and that a control unit, or control device, is configured to operate the pressure control system (p. 10). Further regarding claim 11 and with regard to claims 12-14, the structural limitations are addressed above with regard to claims 1-3. As for claim 19, Kato teaches pressurizing the air in the cathode-side gas feed line with a compressor, or air supply pump (113), that can be operated to increase gas pressure, or adjusts air supply amount (Figure 8, p. 8). Regarding claim 20, Kato teaches a self-regulating element, or check valve (112), for controlling or limiting pressure in the air supply path, which therefore affects the pressure at an inlet of the fuel cell (Fig. 8, p. 8). Allowable Subject Matter Claims 5-8 and 15-18 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 teach or fairly suggest the claimed subject matter. Specifically, with regard to claims 5-6 and 15-16, the prior art fails to teach or fairly suggest the claimed high-pressure and low-pressure sections of the anode-side gas feed line connected to the pressure-transmitting element by first and second valves as claimed. While Kato teaches the method of claim 1 and system of claim 11, Kato fails to teach valves connecting the pressure-transmitting element to different parts of the anode-side gas feed line. As for claims 7-8 and 17-18, the prior art fails to teach or fairly suggest refilling a cathode-side gas feed line pressure accumulator in the claimed method using the claimed structure. While Kato teaches the method of claim 1 and system of claim 11, including a pressure accumulator, Kato fails to teach or fairly suggest the method and structure of claims 7-8 and 17-18 for refilling the pressure accumulator. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALIX ECHELMEYER EGGERDING whose telephone number is (571)272-1101. The examiner can normally be reached 8:30am - 4:30pm. 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, Ula Ruddock can be reached at 571-272-1481. 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. /ALIX E EGGERDING/Primary Examiner, Art Unit 1729
Read full office action

Prosecution Timeline

Jul 31, 2023
Application Filed
May 07, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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

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Prosecution Projections

1-2
Expected OA Rounds
58%
Grant Probability
75%
With Interview (+17.6%)
3y 11m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 772 resolved cases by this examiner. Grant probability derived from career allowance rate.

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