DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Preliminary Amendments
Receipt and entry of Applicant’s Preliminary Amendment filed on 01/22/2024 is acknowledged. Claims 14-28 have been added. Claims 1-13 have been canceled. Overall, claims 14-28 are pending in this application.
Drawings
In light of MPEP §1.83(a) and §1.84(o), The drawings (chiefly, Figures 1 & 2) are objected to because the numerals associated with the graphical drawing symbols (boxes, rectangles, circles, etc.) are not indicative as to what each symbol represents. Applicant is required to label in words the function of said graphical drawing symbol(s), such that a reader would not have to read the entire specification in order to figure it out. For example, according to the specification, box “11” in Fig. 1 is an “air bearing”, therefore it is suggested that applicant labels box “11” --air bearing--. Furthermore, element “101” in Fig. 2 is a step of supplying fuel to an anode side of the fuel cell, therefore it is suggested that applicant labels box “101” --Supply Fuel to Anode-- (the same logic applies to the boxes 102-106 in Fig. 2, which are all method steps that are not clearly indicative of what they represent). The same requirement applies to all the other numerals associated with other graphical drawing symbols (boxes/rectangles, circles/etc.).
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 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.
Claim Objections
Claim 27 is objected to because of the following informalities:
Claim 27 recites “wherein, in particular an electric motor”, which should be revised to:
-- wherein,the motor is an electric motor--, for sake of clarity.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claims 14, 16, 17, 20, 21, 23-24, 26, 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hisenkamp (US 2007/0190389 A1).
Regarding independent claim 14, Hisenkamp discloses a method for supplying an air bearing 20 (“gas bearing”, Para. 0032) of a flight propulsion system (Para. 0012, the disclosure of Hisenkamp is “suited for use in…aircraft”) via a fuel cell system 1 having at least one anode 4 and at least one cathode 3 (Fig. 1 & 3, Para. 0020) as well as a process gas supply 8 (hydrogen storage vessel providing hydrogen for the anode, Fig. 1 & 3, Para. 0021; and a “cathode-side supply line with an oxidizing agent”, Para. 0020) for supplying the anode and cathode with fuel and ambient air and for discharging spent process gases (via purging lines 6 & 7, Fig. 1, Para. 0020), the method comprising:
supplying the process gas (hydrogen) from the process gas supply (from vessel 8) of the fuel cell system to the air bearing 20 as bearing gas (Fig. 3, via line 21, Para. 0032, “hydrogen from tank 8 may be used via line 21 shown here exemplarily in order to achieve the load-carrying capacity of the bearing using the pressure provided by the tank pressure or a pressure possibly also reduced in valve device 13. The volumetric flow introduced via line 21 into bearing region 20 is then able to be fed to pumping device 10, as indicated exemplarily by line 22. When hydrogen bearings are used, the hydrogen may then be supplied to the fuel cell once again via the recirculation circuit”).
PNG
media_image1.png
517
729
media_image1.png
Greyscale
Regarding claim 16, Hisenkamp discloses the method as recited in claim 14 wherein the bearing gas comes from an anode side of the fuel cell (Para. 0032, Fig. 3, the bearing gas is hydrogen gas taken from the line 12 connected to the anode side of the fuel cell as shown).
Regarding claim 17, Hisenkamp discloses the method as recited in claim 16 wherein the bearing gas is withdrawn from an anode circulation loop (Fig. 3, withdrawn from the line 12 that circulates hydrogen to the anode 4, and the bearing gas connects to recirculation line 9 after being used in the air bearing 20).
Regarding claim 20, Hisenkamp discloses the method as recited in claim 14 wherein the air bearing 20 is supplied with further process gas from a fuel reservoir 8 as the bearing gas (the bearing gas comes from the vessel 8 that contains the hydrogen that would be constantly supplied with further process gas during operation of the system 1, Para. 0032).
Regarding independent claim 21, Hisenkamp discloses a flight propulsion system (Fig. 3, Para. 0012, the disclosure of Hisenkamp is “suited for use in…aircraft”) comprising:
a fuel cell system 2 having at least one anode 4 and at least one cathode 3 (Para. 0020) as well as a process gas supply 1 for supplying the anode and the cathode with fuel and ambient air (Fig. 3, vessel 8 provides hydrogen fuel for the anode, and a “cathode-side supply line with an oxidizing agent” provides air to the cathode) and for discharging spent process gases (via purge lines 6 & 7), and further including an air bearing supply (Fig. 3) for an air bearing 20 (Para. 0032, “gas bearing”), the air bearing supply being connected to the fuel cell system (Fig. 3, connected to the anode 4 via line 12 for supplying fuel, and ultimately to a recirculation line 9); and
at least one supply line 21 from the process gas supply to the air bearing 20 (the line 21 that connects to the line 12 supplying hydrogen from the vessel 8, Fig. 3, Para. 0032), a process gas (the hydrogen fuel) suppliable via the at least one supply line from the process gas supply of the fuel cell system to the air bearing as bearing gas (Fig. 3, Para. 0032, “hydrogen from tank 8 may be used via line 21 shown here exemplarily in order to achieve the load-carrying capacity of the bearing using the pressure provided by the tank pressure or a pressure possibly also reduced in valve device 13. The volumetric flow introduced via line 21 into bearing region 20 is then able to be fed to pumping device 10, as indicated exemplarily by line 22. When hydrogen bearings are used, the hydrogen may then be supplied to the fuel cell once again via the recirculation circuit”).
Regarding claim 23, Hisenkamp discloses the flight propulsion system as recited in claim 21 wherein the supply line 21 connects an anode side 4 of the fuel cell 2 to the air bearing 20 (Fig. 3, Para. 0032, the supply line 21 connects to the air bearing 20 which in turn fluidly connects to the anode side of the fuel cell via the line 22, pump 10, and recirculation line 9).
Regarding claim 24, Hisenkamp discloses the flight propulsion system as recited in claim 21 wherein the air bearing 20 is configured for supporting a rotating device 10 & 11 (Fig. 3, the turbine 11 and pump 10, Para. 0032).
Regarding claim 26, Hisenkamp discloses the flight propulsion system as recited in claim 21 wherein the air bearing 20 is associated with a motor (Fig. 3, Para. 0032, the air bearing is associated with a shaft of a turbine 11 driving a pump 10, hence a “motor”).
Regarding claim 28, Hisenkamp discloses the flight propulsion system as recited in claim 26 wherein the air bearing 20 is configured to support a drive rotor (Fig. 3, Para. 0032, supports a shaft of a turbine rotor 11 that drives a pump 10).
Claims 14, 15, 19, 21, 22, 26, 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bauer (DE 102017211960 A1, see attached English translation).
Regarding independent claim 14, Bauer discloses a method for supplying an air bearing 542, 544 (Para. 0021, 0068, 0073; Fig. 1-2) of a flight propulsion system [intended use] via a fuel cell system 300 (“fuel cell stack”, Para. 0061, Fig. 1) having at least one anode A and at least one cathode K as well as a process gas supply (Fig. 1) for supplying the anode and cathode with fuel (hydrogen/H2, Para. 0061) and ambient air (Para. 0062, “air O2”) and for discharging spent process gases (Fig. 1, via anode purge line 239 and cathode exhaust path 416), the method comprising:
supplying the process gas (O2) from the process gas supply of the fuel cell system (in Bauer’s case, from the cathode side process gas supply) to the air bearing as bearing gas (Para. 0064-65, “The turbomachine inflow path 417, which branches off from the cathode inflow path 415 downstream of the charge air cooler 420, enters the drive housing 536 of the turbomachine 500... A valve 418 is provided here in the turbomachine inflow path 417. A control unit (not shown) is set up to record at least one value that is indicative of the temperature of at least one air bearing of the turbomachine... Based on this value, the control unit determines whether the amount of air supplied to the air bearing for cooling needs to be adjusted”).
PNG
media_image2.png
414
745
media_image2.png
Greyscale
Regarding claim 15, Bauer discloses the method as recited in claim 14 further comprising additionally compressing the bearing gas prior to being supplied to the air bearing (Fig. 1, via compressor 510, Para. 0064, “Through the turbomachine inlet path 417, the compressed, cooled and exhaust-free fresh air enters directly into the housing of the turbomachine 500”).
Regarding claim 19, Bauer discloses the method as recited in claim 14 wherein the bearing gas comes from a cathode side of the fuel cell (Fig. 1, Para. 0064-65, the bearing gas is taken from the air/O2 supply line that also feeds the cathode side of the fuel cell, hence it is from the “cathode side” of the system).
Regarding independent claim 21, Bauer discloses a flight propulsion system (Fig. 1; see note below) comprising:
a fuel cell system 300 having at least one anode A and at least one cathode K (Fig. 1, Para. 0061) as well as a process gas supply (Fig. 1) for supplying the anode and the cathode with fuel (hydrogen H2, Para. 0061) and ambient air (“air O2”, Para. 0062) and for discharging spent process gases (Fig. 1, via anode purge line 239 and cathode exhaust path 416), and further including an air bearing supply for an air bearing 542, 544 (Para. 0021, 0068, 0073, Fig. 1-2), the air bearing supply being connected to the fuel cell system (Fig. 1-2, the air bearing 542, 544 is part of a turbomachine 500 connected to the fuel cell system 300 as shown); and
at least one supply line 415, 417 from the process gas supply to the air bearing (Fig. 1, from the process gas line 415 providing air O2 to the cathode side, branching off to a line 417 to the turbomachine 500), a process gas (air O2) suppliable via the at least one supply line 417 from the process gas supply of the fuel cell system to the air bearing as bearing gas (Para. 0064-65, “The turbomachine inflow path 417, which branches off from the cathode inflow path 415 downstream of the charge air cooler 420, enters the drive housing 536 of the turbomachine 500... A valve 418 is provided here in the turbomachine inflow path 417. A control unit (not shown) is set up to record at least one value that is indicative of the temperature of at least one air bearing of the turbomachine... Based on this value, the control unit determines whether the amount of air supplied to the air bearing for cooling needs to be adjusted”).
Note, that if the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, “the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction”. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999); MPEP 2111.02, II. In this case, the system being a “flight propulsion system” is merely an intended use of the invention, as nothing else in the body of the claim is being directed to any details of “flight propulsion”. Since Bauer discloses all the claimed limitations, it reads upon the claim.
Regarding claim 22, Bauer discloses the flight propulsion system as recited in claim 21 wherein the supply line 415, 417 has a compressor 510 (Fig. 1, Para. 0064, “The turbomachine 500 shown here includes a compressor unit 510, which forms the cathode inflow path 415…Through the turbomachine inlet path 417, the compressed, cooled and exhaust-free fresh air enters directly into the housing of the turbomachine 500”).
Regarding claim 26, Bauer discloses the flight propulsion system as recited in claim 21 wherein the air bearing 542, 544 is associated with a motor 300 (Fig. 2, a turbomachine, Para. 0066-68).
Regarding claim 27, Bauer discloses the flight propulsion system as recited in claim 26 wherein, in particular an electric motor 530 (Fig. 1 & 2, the turbomachine has an electric drive 530 connected to the same shaft, and thus to the air bearings, Para. 0058, 0067).
Regarding claim 28, Bauer discloses the flight propulsion system as recited in claim 26 wherein the air bearing 542, 544 is configured to support a drive rotor (Fig. 2, the air bearings support the rotatable components of a turbomachine 300, having a turbine and compressor rotors 512, 522, and electric drive rotor 535).
Allowable Subject Matter
Claims 18 & 25 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:
Regarding claim 18, the closest prior art of record fails to teach or suggest the process gas from the process gas supply of the fuel cell system that is provided to the air bearing as bearing gas contains nitrogen dioxide.
Regarding claim 25, the closest prior art of record fails to teach or suggest the air bearing that is receiving process gas from the process gas supply of the fuel cell system is designed as a linear air bearing.
Pertinent Prior Art
The prior art made of record on the attached PTO-892 and not relied upon is considered pertinent to applicant's disclosure.
Davidson (US 2016/0363003 A1, US 20160047335 A1) teaches that air bearings in mechanical drive architecture can use nitrogen dioxide as a bearing gas.
Bauer (DE 102017211940 A1) discloses a similar system and method as Bauer (DE 102017211960 A1) cited in the rejection above.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAIN CHAU whose telephone number is (571)272-9444. The examiner can normally be reached on M-F 9am-6pm PST.
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, Devon Kramer can be reached on 571 272 7118. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALAIN CHAU/Primary Examiner, Art Unit 3741
Prosecution Insights