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 .
Response to Amendment
In response to the amendment received 03/06/2026, the following rejections have been withdrawn from the previous office action:
35 U.S.C. 102 rejection of claim 1
35 U.S.C. 103 rejection of claim 2
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20020187382A1, hereafter Nishiumi.
Regarding claim 1, Nishiumi discloses a fuel cell system ([0044] fuel cell 210) comprising: a stack in which fuel cells are laminated ([0045] fuel cell stack 223);
an anode system including an anode system pipe ([0060] fuel gas pipes 231a) which supplies fuel gas to the stack (223) ([0060] for supplying and discharging fuel gas);
a cathode system including a cathode system pipe ([0060] oxidizing-gas pipes 231b) which supplies oxidant gas to the stack (223) ([0060] for supplying and discharging oxidizing gas); and
a cooling system including a cooling system pipe ([0061] coolant pipes 230) that feeds coolant ([0061] refrigerant is cooling water) for cooling a cooling target including at least one among the stack (223) ([0060] for supplying and discharging refrigerant into and from the stacks), the anode system and the cathode system,
wherein in any of a top view, front view looking in a predetermined horizontal direction, and a side view looking in a horizontal direction orthogonal to the predetermined horizontal direction, the stack (223) is surrounded by the cooling system pipe (230) (Fig 8, coolant pipes 230 surround stack), and a portion of the cooling system pipe (230) surrounding the stack (223) is surrounded by the cathode system pipe (231b) from at least 3 sides (see annotated Fig 8).
Nishiumi is silent on wherein the stack (223) is surrounded by each of the cooling system pipe (230) and cathode system pipe (231b) from at least 3 sides.
Nishiumi however further discloses the fuel-gas pipes 231a are located nearest the stacks 223 to protect them upon crashing of the vehicle, so as to minimize possible fuel gas leakage and consequent problems ([0069]). Nishiumi also discloses that after the casing 240 is locally brought into contact with the oxidizing-gas pipes 231b and coolant pipes 230 upon crashing of the vehicle, deformation of the casing 240 is restricted so that the fuel-gas pipes 231a are unlikely to be damaged by deformation of the casing 240, whereby the fuel gas leakage and consequent problems are prevented or minimized in the event of a crash ([0070]), and that the positioning of the fluid pipes relative to the stack or stacks is a known challenge in the art ([0074]).
Given the disclosure of Nishiumi, one skilled in the art would also have understood that the fuel cell stack would also be at risk of fuel gas leakage since the fuel gas runs through the stack in addition to the fuel-gas pipes in the event of a crash, and would have been similarly motivated to also protect the stack in order to prevent fuel gas leakage.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Nishiumi to position the coolant pipe and cathode system pipe to surround the stack from further additional sides, in order to improve the safety of the vehicle further in the case of a crash having an impact in additional respective directions, to protect the stack and fuel gas pipe from deformation and prevent fuel gas leakage, as suggested by Nishiumi.
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Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20020187382A1, hereafter Nishiumi, in view of Published Application US20140141349A1, hereafter Devoe, and further in view of Published Application US20210091390A1, hereafter Meder.
Regarding claim 3, Nishiumi is silent on wherein the cathode system pipe is made of a flexible material including at least one of resin and rubber, and wherein the cooling system pipe is made of metal.
In the analogous art of fuel cells, Devoe discloses wherein the cathode system pipe (50) is made of a flexible material including at least one of resin and rubber ([0123] supply tube 50 can be silicone or latex rubber tube; flexibility and elasticity of supply tube 50 may provide shock-absorbing properties).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Nishiumi to use a silicone or latex rubber for the cathode system pipe as disclosed by Devoe in order to provide shock-absorbing properties thereto, as suggested by Devoe, which is beneficial to the goal of Nishiumi to protect the fuel cell stack and fuel gas pipe from deformation due to a crash, and further as a matter of selection of a known material based on its suitability for the intended purpose (MPEP 2144.07).
In the analogous art of fuel cells, Meder discloses wherein the cooling system pipe is made of metal ([0036] coolant line material is a good thermally conducting material such as a metal).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Nishiumi to use a metal cooling system pipe as disclosed by Meder in order to impart good thermal conduction properties thereto, as suggested by Meder, and further as a matter of the selection of a known material based on its suitability for the intended purpose (MPEP 2144.07).
Regarding claim 4, Nishiumi discloses a fuel cell system ([0044] fuel cell 210) comprising: a stack in which fuel cells are laminated ([0045] fuel cell stack 223);
an anode system including an anode system pipe ([0060] fuel gas pipes 231a) which supplies fuel gas to the stack (223) ([0060] for supplying and discharging fuel gas);
a cathode system including a cathode system pipe ([0060] oxidizing-gas pipes 231b) which supplies oxidant gas to the stack (223) ([0060] for supplying and discharging oxidizing gas); and
a cooling system including a cooling system pipe ([0061] coolant pipes 230) that feeds coolant ([0061] refrigerant is cooling water) for cooling a cooling target including at least one among the stack (223) ([0060] for supplying and discharging refrigerant into and from the stacks), the anode system and the cathode system,
wherein the stack (223) is surrounded by the cooling system pipe (230) (Fig 8, coolant pipes 230 surround stack),
wherein a portion of the cooling system pipe (230) surrounding the stack (223) is surrounded by the cathode system pipe (231b),
Nishiumi is silent on wherein, in any of the top view, the front view, and the side view, the stack (223) is surrounded by each of the cooling system pipe (230) and cathode system pipe (231b) from at least 3 sides.
Nishiumi further discloses the fuel-gas pipes 231a are located nearest the stacks 223 to protect them upon crashing of the vehicle, so as to minimize possible fuel gas leakage and consequent problems ([0069]). Nishiumi also discloses that after the casing 240 is locally brought into contact with the oxidizing-gas pipes 231b and coolant pipes 230 upon crashing of the vehicle, deformation of the casing 240 is restricted so that the fuel-gas pipes 231a are unlikely to be damaged by deformation of the casing 240, whereby the fuel gas leakage and consequent problems are prevented or minimized in the event of a crash ([0070]), and that the positioning of the fluid pipes relative to the stack or stacks is a known challenge in the art ([0074]).
Given the disclosure of Nishiumi, one skilled in the art would also have understood that the fuel cell stack would also be at risk of fuel gas leakage since the fuel gas runs through the stack in addition to the fuel-gas pipes in the event of a crash, and would have been similarly motivated to also protect the stack in order to prevent fuel gas leakage.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Nishiumi to position the coolant pipe and cathode system pipe to surround the stack from further additional sides, in order to improve the safety of the vehicle further in the case of a crash having an impact in additional respective directions, to protect the stack and fuel gas pipe from deformation and prevent fuel gas leakage, as suggested by Nishiumi.
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Nishiumi is silent on wherein the cathode system pipe is made of a flexible material including at least one of resin and rubber, and wherein the cooling system pipe is made of metal.
In the analogous art of fuel cells, Devoe discloses wherein the cathode system pipe (50) is made of a flexible material including at least one of resin and rubber ([0123] supply tube 50 can be silicone or latex rubber tube; flexibility and elasticity of supply tube 50 may provide shock-absorbing properties).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Nishiumi to use a silicone or latex rubber for the cathode system pipe as disclosed by Devoe in order to provide shock-absorbing properties thereto, as suggested by Devoe, which is beneficial to the goal of Nishiumi to protect the fuel cell stack and fuel gas pipe from deformation due to a crash, and further as a matter of selection of a known material based on its suitability for the intended purpose (MPEP 2144.07).
In the analogous art of fuel cells, Meder discloses wherein the cooling system pipe is made of metal ([0036] coolant line material is a good thermally conducting material such as a metal).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Nishiumi to use a metal cooling system pipe as disclosed by Meder in order to impart good thermal conduction properties thereto, as suggested by Meder, and further as a matter of the selection of a known material based on its suitability for the intended purpose (MPEP 2144.07).
Response to Arguments
Applicant's arguments filed 03/06/2026 have been fully considered but they are not persuasive.
In response to applicant's argument regarding claim 1 on page 6 of applicant's remarks that stack 223 does not appear in Fig 8 of Nishiumi, the examiner notes the stack is present in the figure, behind the pipes and end plate, though it is not labeled ([0023] Fig 8 is a front elevational view of the end plate shown in Fig 7, which shows fuel cell stacks 223). Therefore, as stated in the rejection, the stack is surrounded by the cooling pipe.
In response to applicant’s argument regarding claim 1 on page 8 of applicant’s remarks that Nishiumi is silent on the concept of protecting the stack via piping, so there is no motivation to rearrange the piping in Nishiumi in the way recited in claim 1 of the present application, the examiner disagrees, and notes that, as stated in the rejection, Nishiumi discloses that after the casing 240 is locally brought into contact with the oxidizing-gas pipes 231b and coolant pipes 230 upon crashing of the vehicle, deformation of the casing 240 is restricted so that the fuel-gas pipes 231a are unlikely to be damaged by deformation of the casing 240, whereby the fuel gas leakage and consequent problems are prevented or minimized in the event of a crash ([0070]). The examiner further notes, as stated in the rejection, that given the disclosure of Nishiumi, one skilled in the art would also have understood that the fuel cell stack would also be at risk of fuel gas leakage since the fuel gas runs through the stack in addition to the fuel-gas pipes in the event of a crash, and would have been similarly motivated to also protect the stack in order to prevent fuel gas leakage. That being said, the stack of Nishiumi is already protected by being surrounded by both cathode system pipes and cooling system pipes, as shown in Fig 8.
In response to applicant’s argument regarding claim 4 on page 12 of applicant’s remarks that none of Nishiumi, Devoe, and Meder discloses the idea that making the outer cathode system pipe from flexible material while making the inner cooling system pipes from metal would enable that the cathode system pipe and cooling system pipes to efficiently protect the stack, and therefore there is no motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See MPEP 707.07(f). In this case, and as stated in the rejection, the motivation to modify Nishiumi with the flexible cathode system pipe of Devoe comes from Devoe, which suggests the flexibility and elasticity of the supply tube may provide shock-absorbing properties ([0123]). The motivation to modify Nishiumi with the metal cooling system pipe of Meder comes from Meder, which discloses that the coolant line material is a good thermally conducting material such as a metal ([0036]), suggesting high performance of the cooling pipe by making it out of metal. Finally, as stated in the rejection, these combinations are further obvious as a matter of the selection of known materials based on their suitability for the intended purpose (MPEP 2144.07).
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 TIMOTHY HEMINGWAY whose telephone number is (571)272-0235. The examiner can normally be reached M-Th 6-4.
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/T.G.H./Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
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