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 .
Status of Claims and Other Notes
Claims 1–8 and 10–19 are pending.
Claims 9 and 20 are canceled.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2024/0079617 A1.
Applicants have indicated replacement sheets for FIGS. 1A–5 have been provided in the response. The response does not include replacement sheets for FIGS. 1A–5. The response includes eighteen pages. The cover letter accounts for one page, amendments to the specification account for three pages, amendments to the claims account for three pages, the comments related to the drawings account for one page, and the remarks account for ten pages. All pages for the response are accounted for and do not include amendments to the drawings.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in the United Kingdom of Great Britain and Northern Ireland on 05 March 2022. It is noted, however, that applicant has not filed a certified copy of the GB2103119.0 application as required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06 July 2026 was filed after the mailing date of the non-final Office Action on 29 April 2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement (IDS) submitted on 16 July 2026 was filed after the mailing date of the non-final Office Action on 29 April 2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to because:
The numbers, letters, and/or reference characters of FIGS. 1A–5 are not at least 0.32 cm (1/8 inch) in height. Numbers, letters, and reference characters must measure at least 0.32 cm. (1/8 inch) in height. See 37 CFR 1.84 (p)(3).
FIGS 1A–B, 2C, and 3A–D do not have satisfactory reproduction characteristics. The weight of the lines and letters are not heavy enough to permit adequate reproduction See US 2024/0079617 A1. All drawings must be made by a process, which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning. See 37 CFR 1.84 (l).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 60-2 (e.g., [0031], [0040], [0052], [0055]–[0057], [0059], [0060], [0063], [0065]). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Reference character 60-2 is mentioned in [0031]. However, reference character 60-2 is not present in the drawings.
Reference character 60-2 is mentioned in [0040] . However, reference character 60-2 is not present in the drawings.
Reference character 60-2 is mentioned in [0052] . However, reference character 60-2 is not present in the drawings.
Reference character 60-2 is mentioned in [0055] . However, reference character 60-2 is not present in the drawings.
Reference character 60-2 is mentioned in [0056] . However, reference character 60-2 is not present in the drawings.
Reference character 60-2 is mentioned in [0057] . However, reference character 60-2 is not present in the drawings.
Reference character 60-2 is mentioned in [0059] . However, reference character 60-2 is not present in the drawings.
Reference character 60-2 is mentioned in [0060] . However, reference character 60-2 is not present in the drawings.
Reference character 60-2 is mentioned in [0063] . However, reference character 60-2 is not present in the drawings.
Reference character 60-2 is mentioned in [0065] . However, reference character 60-2 is not present in the drawings.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 1–8 and 10–19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “a duration that is sufficiently short to prevent a temperature of the open cathode PEM FC stack from decreasing below a threshold temperature.” The term “short” is a relative term which renders the claim indefinite. The term “short” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the limitation “a duration that is sufficiently short to prevent a temperature of the open cathode PEM FC stack from decreasing below a threshold temperature.”
Claims 2–7 are directly or indirectly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 2–7 are also indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites the limitation “a duration of the adjusting.” Claim 1, which claim 8 is directly dependent, recites the limitation “wherein the adjusting is performed for a duration.” Claim 1 provides antecedent basis for the term “duration.” However, claim 8 does not include “the” or “said” indicating the term “duration” is further limiting or referencing the term recited in claim 1. Therefore, it is unclear if “a duration” recited in claim 8 is further limiting or referencing “a duration” recited in claim 1.
Claims 10–19 are directly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 10–19 are also indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Allowable Subject Matter
Claims 1–8 and 10–19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record is Oh et al. (US 2009/0169930 A1, hereinafter Oh).
Oh discloses a method, comprising receiving, by an open cathode proton-exchange membrane (PEM) fuel cell (FC) stack (200) comprising a plurality of FCs (210, [0073]), a first amount of fluid, the first amount being non-zero (see low load operation, [0083]); and adjusting, by a controller, the first amount such that a second amount of fluid that is at least double the first amount is received at the plurality of FCs (210, [0083]), wherein the adjusting is performed responsive to a sensed attribute of one or more of the plurality of FCs changing by a threshold amount (see high load operation, [0083]).
Oh does not disclose, teach, or suggest the following distinguishing feature:
A method comprising adjusting an amount of fluid for a duration that is sufficiently short to prevent a temperature of an open cathode PEM FC stack from decreasing below a threshold temperature.
Response to Arguments
Applicant’s arguments with respect to claims 1–8 and 10–19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
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, Basia A Ridley can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725
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