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 .
Claim Status
Claim 1 has been amended. Claim 14 is new. Claims 6-9 are cancelled. Claims 10-13 remain withdrawn. Claims 1-5 and 14 are examined. The rejection of claim 1 has been modified as required by the amendment.
Claim Analysis
Claim 1 states ‘a mixing chamber for mixing the first medium with the second medium, the mixing chamber including a compressor’ (instant Claim 1, lines 16-17). A compressor is not shown in the drawings and is only described with respect to a ‘mixing means’ in the instant specifications [0025]. For the purpose of compact prosecution, in light of the support in the originally filed instant specification the examiner is interpreting the compressor as a part of the mixing means to reasonably read on within the mixing chamber as required by the claimed invention. Departing from the above interpretation may result in a rejection under 35USC112a.
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.
Claims 1 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over foreign patent DE 102017205642 A1 (IDS dated 04/04/2023, see attached translation for citations), hereinafter Stahl, and further in view of U.S. Pre-Grant Publication 2020/0203738, hereinafter Jolly.
Regarding claims 1 and 14, Stahl teaches a fuel cell device (system of Fig 1) for the propulsion of a motor vehicle, the fuel cell device (system of Fig 1) comprising a fuel cell (fuel cell stack 200, Fig 1), a cryogenic tank (cryogenic pressure vessel 100, Fig 1) for storing supercooled hydrogen (fuel (e.g. hydrogen), page 4 paragraph 4 line 3) (one of ordinary skill in the art would appreciate that a cryogenic pressure vessel is capable of containing supercooled hydrogen), a fuel cell off-gas tract outlet (end of solid line exiting fuel cell stack 200) configured to release a mixture of anode off- gas mass flow, cathode off-gas mass flow, and/or with air into the ambient environment (oxidants (e.g., air, oxygen, and peroxides) page 4 paragraph 4 line 3, and anything else leaving the system), and a boil-off management system (“blow-off management system or boil-off management system or fuel converter is used here” page 3 paragraph 4 line 4) to maintain pressure in the cryogenic tank (cryogenic pressure vessel 100, Fig 1) below a threshold value. The boil-off management system (“blow-off management system or boil-off management system or fuel converter is used here” page 3 paragraph 4 line 4) includes: a boil-off conduit (“fuel converter which is fluid-connected or flid-connectable to at least one overpressure valve” page 3 paragraph 5 line 1) fluidically connected to the cryogenic tank (100), and through which is received a first medium containing hydrogen (fuel (e.g. hydrogen), page 4 paragraph 4 line 3), an air feed conduit (Fig 1 dotted line) through which is received a second medium containing oxygen (oxidants (e.g., air, oxygen, and peroxides) page 4 paragraph 4 line 3), a mixing chamber (Fig 1 mixing point where solid and dotted line intersect) for mixing the first medium with the second medium (hydrogen and oxygen), a catalytic converter (Fig 1, 300) connected downstream of the mixing chamber (Fig 1 mixing point where solid and dotted line intersect), an outlet (Fig 1 stream exiting 300) connected downstream of the catalytic converter (Fig 1, 300), and a fuel cell off-gas tract (“anode exhaust line leading away from the anode outlet” page 4 paragraph 5 line 3, before solid line and dotted line intersect) selectively fluidically connected (“anode purge valve” page 4 paragraph 5 line 3) to the air feed conduit (Fig 1 dotted line) and the fuel cell off-gas tract outlet (end of solid line exiting fuel cell stack 200) and configured to discharge anode off-gas mass flow after an anode purge operation of the fuel cell (“removal of anode exhaust gas” page 4 paragraph 4 line 5), and selectively conduct (“anode purge valve” page 4 paragraph 5 line 3) medium flowing therethrough into the air feed conduit (Fig 1 dotted line). One of ordinary skill in the art would appreciate that the fuel cell off-gas tract and fuel cell off-gas tract outlet is configured to receive any gas exiting the fuel cell stack 200.
However, Stahl fails to teach the use of a compressor.
Jolly teaches a fuel cell system 2000 with an anode exhaust gas stream 203 that is mixed with the fuel cell hydrocarbon feed stream 211 in an anode gas processor 210. The medium in this processor can be recycled back to anode 201 or sent to an anode gas compressor 220.
Therefore, it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to use the compressor of Jolly in the mixing point of Stahl because ‘the anode gas compressor 220 condenses and removes additional water from the anode gas processor outlet stream 214. Raw anode exhaust 203 contains about 40% water’ [0034].
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Stahl and Jolly as applied to claim 1 above, and further in view of U.S. Pre-Grant Publication 2020/0054973, hereinafter Wildemuth.
Regarding claims 2-4, Stahl and Jolly teach, as mentioned above, the fuel cell device depicted in Stahl’s Fig 1 that consists of a fuel cell, a cryogenic pressure vessel, and a boil-off management system. This boil-off management system consists of an air feed conduit, a fuel cell off-gas tract, a fuel cell off-gas tract outlet, and the compressor of Jolly. The system can be configured such that any medium exiting fuel cell 200 can be sent selectively or partially through either line exiting fuel cell 200.
However, Stahl and Jolly fail to teach the use of an inlet funnel.
Wildemuth teaches a fuel cell 102 with an air inlet 111 and an inlet for fuel 106 as well as a discharge line 112 for exhaust gas or exhaust air and a discharge line 115 for the coolant from the fuel cell. The coolant gets recycled through a filter element 101 that has a funnel shape (Fig 6: 16).
Therefore, it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to use the inlet funnel of Wildermuth in the fuel cell device of Stahl and Jolly because ‘the funnel is intended for axial discharge from the surface of the filter medium and for collecting particulate impurities’ [0009]. Additionally, ‘the funnel can feature a rounded funnel wall in its course or in its extension along the funnel axis in such a way that a convex curvature of the funnel results in the longitudinal extension of the funnel, which has fluidic advantages’ [0028].
Regarding claim 5, Stahl and Jolly teach, as mentioned above, the fuel cell device depicted in Stahl’s Fig 1 that consists of a fuel cell, a cryogenic pressure vessel, and a boil-off management system. This boil-off management system consists of an air feed conduit, a fuel cell off-gas tract, a fuel cell off-gas tract outlet, and the compressor of Jolly. The system can be configured such that any medium exiting fuel cell 200 can be sent selectively or partially through either line exiting fuel cell 200.
However, Stahl and Jolly fail to teach the use of a three-way valve.
Wildermuth teaches a fuel cell 102 with an air inlet 111 and an inlet for fuel 106 as well as a discharge line 112 for exhaust gas or exhaust air and a discharge line 115 for the coolant from the fuel cell. The coolant then gets sent to a three-way valve 113.
Therefore, it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to use the three-way value of Wildermuth in the fuel cell device of Stahl and Jolly because ‘depending on the circuit of the three-way valve 113, the coolant can be supplied to a heat exchanger 108 or to bypass line 107 bypassing the heat exchanger 10’ [0042]. In regards to the claimed invention, one of ordinary skill in the art would appreciate that the three-way valve can be used in order to send the medium in the fuel cell off-gas tract outlet, bypassing the air feed conduit, or used to send the medium completely or partially to the air feed conduit.
Response to Arguments
Applicant’s arguments, filed March 31, 2026, with respect to 35USC102 have been fully considered and are persuasive. The 35USC102 rejection of claim 1 has been withdrawn.
Applicant's arguments filed March 31, 2026 with respect to 35USC103 have been fully considered but they are not persuasive. Applicant argues that the compressor of Jolly is not configured to mix the first and second mediums. The Examiner respectfully disagrees, the compressor of Jolly can be used in the mixing point of Stahl which allows the first and second medium to mix within the compressor and within the lines exiting the compressor (Fig 2: mixture of gases entering and exiting compressor 220). Applicant’s arguments relating to Wildermuth failing to point out specific rejection deficiencies with respect to claims 2-5. Applicant’s arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. The rejection is maintained for the reasons set forth above.
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 Mia K Holbrook whose telephone number is (571)272-9253. The examiner can normally be reached Monday - Friday 7:30-5.
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/M.K.H./Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724
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