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 .
Summary
This is an initial Office Action for application 18/299,037, originally filed April 11, 2023. Claims 1-2 are currently pending.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2 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 “a plurality of heat exchangers which exchange heat between the oxidant gas and coolant” in lines 5-6 (first instance), “a plurality of the heat exchangers are disposed in parallel” in line 10 (second instance), and “a plurality of the heat exchangers in parallel” in lines 12-13 (third instance). It is unclear if all instances are the same “plurality of heat exchangers,” or if they overlap in individual heat exchangers, therefore the claim is indefinite. To advance prosecution, all three instances will be interpreted as referring to the same plurality of heat exchangers in parallel. Appropriate correction is required.
Claim 2 depends on claim 1 and therefore is indefinite.
Claim 2 recites “a plurality of the heat exchangers are disposed in series” in lines 1-2 and “a plurality of the heat exchangers in series” in line 4. It is unclear if both instances refer to the same group or if they overlap in individual heat exchangers, therefore the claim is indefinite. To advance prosecution, the two instances will be interpreted as referring to the same plurality of heat exchangers in series. Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Sainflou et al (FR 2917856 A1) in view of Spiegel, C (“How to Build a Fuel Cell,” Fuel Cell Store, 2018 April 10)
Regarding claim 1, Sainflou teaches in Fig. 2 (annotated version included below) a fuel cell system comprising: an anode system which supplies fuel gas, i.e. hydrogen, to the fuel cell (machine translation p2 para 1); a cathode system which supplies oxidant gas, i.e. oxygen from air, to the fuel cell (p2 para 1; p6 para 2); and a cooling system which cools the oxidant gas (p6 para 3; p7 para 1-2 discuss using the glycol loops 3 and 4 to regulate the temperature of the air (oxidant-containing) intake line) (Annotated Fig. 2 is labeled with the anode system, the cathode system, and the cooling system)
Wherein the cooling system includes a plurality of heat exchangers (p7 para 1 discusses the air-to-water heat exchangers of the cooling loops 3 and 4, and the corresponding heat exchangers are shown in Fig. 2) which exchange heat between the oxidant gas and coolant, each of the heat exchangers being a separate member from another of the heat exchangers, independent from another of the heat exchangers (Fig. 2 shows oxidant gas and coolant streams passing through the heat exchangers of cooling loops 3 and 4; therefore heat is being exchanged between the oxidant gas and coolant; the heat exchangers of 3 and 4 are also separate and not physically connected (i.e. independent) to each other),
and wherein a plurality of the heat exchangers is disposed in parallel in the cathode system, and the cathode system allows the oxidant gas to pass through a plurality of the heat exchangers in parallel (Fig. 2 shows heat exchangers of 3 and 4 are arranged parallel to each other, and the oxidant gas passes through the heat exchangers of 3 and 4 in parallel).
Annotated Fig. 2 of Sainflou:
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Sainflou discloses a fuel cell but does not explicitly claim a stack in which fuel cells are laminated.
Spiegel discloses fuel cell stacks are used to meet desired power and voltage requirements for applications, given that a single fuel cell has an output of less than 1 V in output voltage under realistic operating conditions (p3 para 1; Table 1 provides examples of applications, including an automobile which can require 284 V in voltage requirement). Spiegel also describes the fuel cell stack as being assembled by layers of fuel cell parts (p7 para 4), i.e. is formed of a stack in which fuel cells are laminated. Given that Sainflou describes a possible application for the fuel cell as an energy source set on board a vehicle ([0001]), a skilled artisan would have been motivated to modify Sainflou’s fuel cell system to use a stack in which individual fuel cells are laminated, as taught by Seigel.
Regarding claim 2, the combination above teaches the fuel cell of claim 1. Fig. 2 of Sainflou shows the coolant passing through the heat exchanger of 3 and a heat exchanger to the outside (D) (p6 para 3) which are disposed in series in the cooling system, thereby teaching a plurality of the heat exchangers disposed in series in the cooling system, and the cooling system allowing the coolant to pass through the plurality of the heat exchangers in series as claimed. In addition, Fig. 2 of Sainflou also shows the coolant passing through the heat exchanger of 4 and a heat exchanger to the outside (7) (p7 para 2) which are also disposed in series in the cooling system, which also thereby teaches a plurality of the heat exchangers disposed in series in the cooling system, and the cooling system allowing the coolant to pass through a plurality of the heat exchangers in series.
Conclusion
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/G.L.L./ Examiner, Art Unit 1726
/BACH T DINH/
Primary Examiner, Art Unit 1726 03/05/2026