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 .
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 1-20 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 lines 3 and 5 recite the limitations “a switching device” and “an energy conversion device”, respectively. Lines 10 and 11 recite the limitations “the switching devices and the energy conversion devices”, which renders the meaning of the claim indefinite. It is unclear if applicant intends there to be a single switching device for the plurality of fuel cell systems or if applicant intends there to be a switching device for the first fuel cell system, another switching device for the second, and so on for the plurality of fuel cell systems. Similar remarks apply to the energy conversion device(s).
In order to advance prosecution the examiner will be interpreting the claim limitations following Instant [0038] and Fig. 2 where each of the plurality of fuel cell systems a switching device and energy conversion device associated with it, giving a plurality of switching devices and energy conversion devices.
Claims 2-11 are rejected as being dependent upon above rejected claim 1.
Claim 12 lines 4 and 6 recites the limitations “a switching device” and “an energy conversion device”, respectively. Lines 11-12 recites the limitations “the switching devices and the energy conversion devices”, which renders the meaning of the claim indefinite. It is unclear if applicant intends there to be a single switching device for the plurality of fuel cell systems or if applicant intends there to be a switching device for the first fuel cell system, another switching device for the second, and so on for the plurality of fuel cell systems. Similar remarks apply to the energy conversion device(s).
In order to advance prosecution the examiner will be interpreting the claim limitations following Instant [0038] and Fig. 2 where each of the plurality of fuel cell systems a switching device and energy conversion device associated with it, giving a plurality of switching devices and energy conversion devices.
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.
Claim(s) 1, 3-4, 7, 10, 12, 14-15, 18 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dong US20080176120A1.
Regarding claim 1, Dong discloses a parallel configured system (Dong, [0019]) comprising:
a plurality of fuel cell systems (Dong, [0019], Fig. 1, fuel cell stacks 1-3) electrically connected in a parallel configuration (Dong, [0019], “The series-parallel circuit unit (44) can, through each electric switch, select an electrically open state or an electrically closed state for the anode channel and cathode channel of the series-parallel circuit unit (44), thereby deciding the electrical serial-parallel connection relationship between said fuel cell stacks.”),
a switching device connected in series to each of the plurality of the fuel cell systems (Dong, [0019], Fig. 1, units 41-43),
an energy conversion device connected in series to each of the switching devices (Dong, [0032], Fig. 6, unit 14),
a load connected to each of the energy conversion devices (Dong, [0019], Fig. 1, device 5),
and a control unit configured to determine an operation of the plurality of the fuel cell systems (Dong, [0019[, control device 6),
wherein an electrical output of the plurality of the fuel cell systems is connected in parallel to the load through the switching devices and the energy conversion devices (Dong, [0019], Figs. 1 and 6, fuel cells 1-3, device 5, unit 14, units 41-43), the examiner notes that the fuel cell system is connected in parallel through the switching devices 41-43 and the energy conversion devices 14, to the load 5, satisfying the claim limitation.
Regarding claim 3, Dong also discloses wherein the switching device is a MOSFET (Dong, [0027], “the switch element used is a MOS”).
Regarding claim 4, Dong additionally discloses wherein he energy conversion device is a DC-DC converter (Dong, [0032], DC voltage conversion unit).
Regarding claim 7, Dong further discloses wherein predefined power levels are identified for turning on and turning off each of the plurality of the fuel cell system based on a required power of the load (Dong, [0021], “the switch control device (6) determines whether each fuel cell stack is in the preset operating state via the output current or voltage of the fuel cell stack, and based on which, decides whether to open or block the electric connection between the fuel cell stack and the series-parallel circuit unit”).
Regarding claim 10, Dong further discloses wherein the parallel configured system further comprises an end system integrator implemented to determine which of the plurality of the fuel cell systems should be turned on (Dong, [0026], Fig. 3, output determination unit 61).
Regarding claim 12, Dong discloses a method for providing power to a load (Dong, [0017]) comprising:
implementing a plurality of fuel cell systems (Dong, [0019], Fig. 1, fuel cell stacks 1-3) electrically connected in a parallel configuration (Dong, [0019], “The series-parallel circuit unit (44) can, through each electric switch, select an electrically open state or an electrically closed state for the anode channel and cathode channel of the series-parallel circuit unit (44), thereby deciding the electrical serial-parallel connection relationship between said fuel cell stacks.”),
connecting each of the plurality of the fuel cell systems to a switching device in series (Dong, [0019], Fig. 1, units 41-43),
connecting each of the switching devices to an energy conversion device in series (Dong, [0032], Fig. 6, unit 14),
connecting a load to each of the energy conversion devices (Dong, [0019], Fig. 1, device 5),
and implementing a control unit to determine operation of the plurality of the fuel cell systems (Dong, [0019[, control device 6),
wherein an electrical output of the plurality of the fuel cell systems is connected in parallel to the load through the switching devices and the energy conversion devices (Dong, [0019], Figs. 1 and 6, fuel cells 1-3, device 5, unit 14, units 41-43), the examiner notes that the fuel cell system is connected in parallel through the switching devices 41-43 and the energy conversion devices 14, to the load 5, satisfying the claim limitation.
Regarding claim 14, Dong also discloses wherein the switching device is a MOSFET (Dong, [0027], “the switch element used is a MOS”).
Regarding claim 15, Dong additionally discloses wherein he energy conversion device is a DC-DC converter (Dong, [0032], DC voltage conversion unit).
Regarding claim 18, Dong further discloses wherein predefined power levels are identified for turning on and turning off each of the plurality of the fuel cell system based on a required power of the load (Dong, [0021], “the switch control device (6) determines whether each fuel cell stack is in the preset operating state via the output current or voltage of the fuel cell stack, and based on which, decides whether to open or block the electric connection between the fuel cell stack and the series-parallel circuit unit”).
Regarding claim 19, Dong further discloses wherein the parallel configured system further comprises an end system integrator implemented to determine which of the plurality of the fuel cell systems should be turned on (Dong, [0026], Fig. 3, output determination unit 61).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong US20080176120A1 in view of Mori US20220059855A1 (corresponding to EP3957515 cited in IDS filed 28 November 2023).
Regarding claim 2, Dong discloses all of the claim limitations as set forth above including wherein connecting the load to each of the energy conversion devices (Dong, [0019], Fig. 1, device 5), Dong however is not directed toward the load.
In a parallel configured system comprising: a plurality of fuel cell systems electrically connected in a parallel configuration Mori teaches wherein the load is a motor controller for an electric vehicle (Mori, [0031], Fig. 1, motor 12 and controller 80) in order that the motor outputs a driving force used for traveling (Mori, [0032]). Therefore it would be obvious to one of ordinary skill in the art to modify the load of Dong with the teaching of Mori wherein the load is a motor controller for an electric vehicle or an inverter for a stationary power application thereby the motor outputting a driving force used for traveling.
Regarding claim 13, Dong discloses all of the claim limitations as set forth above including wherein connecting the load to each of the energy conversion devices (Dong, [0019], Fig. 1, device 5), Dong however is not directed toward the load.
In a parallel configured system comprising: a plurality of fuel cell systems electrically connected in a parallel configuration Mori teaches wherein the load is a motor controller for an electric vehicle (Mori, [0031], Fig. 1, motor 12 and controller 80) in order that the motor outputs a driving force used for traveling (Mori, [0032]). Therefore it would be obvious to one of ordinary skill in the art to modify the load of Dong with the teaching of Mori wherein the load is a motor controller for an electric vehicle or an inverter for a stationary power application thereby the motor outputting a driving force used for traveling.
Claim(s) 5-6 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong US20080176120A1 in view of Reum US20190288311A1 (corresponding to US11201339 cited in IDS filed 28 November 2023).
Regarding claim 5, Dong discloses all of the claim limitations as set forth above but does not disclose wherein a ranking system for each of the plurality of the fuel cell systems is determined,
In a parallel configured system comprising: a plurality of fuel cell systems electrically connected in a parallel configuration Reum teaches wherein a ranking system for each of the plurality of the fuel cell systems is determined (Reum, [0046]) and the ranking system is used to determine a preferred order of connection and disconnection of each of the plurality of the fuel cell systems based on one or more factors (Reum, [0046]), in order to further equalize or adjust the operating times and lifetimes of the fuel cell modules (Reum, [0046]). The examiner notes that while Reum does not explicitly teach wherein a ranking system for each of the plurality of the fuel cell systems is determined while each of the plurality of the fuel cell systems is not providing power, it would be obvious to one of ordinary skill in the art wherein is determined while each of the plurality of the fuel cell systems is not providing power as this would produce the completely expected result of determining a ranking in order to shut down only one fuel cell module at a time in successive manner (or to completely deactivate the same), while the others remain at the rated load for as long as possible (Reum, [0047]). The Courts have held that selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results. See MPEP § 2144.04.
Therefore it would be obvious to one of ordinary skill in the art before the effective filing date to modify the parallel configured system of Dong with the teaching of Reum wherein a ranking system for each of the plurality of the fuel cell systems is determined while each of the plurality of the fuel cell systems is not providing power, and the ranking system is used to determine a preferred order of connection and disconnection of each of the plurality of the fuel cell systems based on one or more factors thereby further equalizing or adjusting the operating times and lifetimes of the fuel cell modules.
Regarding claim 6, modified Dong further teaches wherein the one or more factors include availability of each of the plurality of the fuel cell systems (Reum, [0046]). It is the examiner’s position that the determining as taught by modified Dong if the operating state of one of the fuel cell modules is outside the partial load range, satisfies the claim limitation.
Regarding claim 16, Dong discloses all of the claim limitations as set forth above but does not disclose wherein a ranking system for each of the plurality of the fuel cell systems is determined,
In a parallel configured system comprising: a plurality of fuel cell systems electrically connected in a parallel configuration Reum teaches wherein a ranking system for each of the plurality of the fuel cell systems is determined (Reum, [0046]) and the ranking system is used to determine a preferred order of connection and disconnection of each of the plurality of the fuel cell systems based on one or more factors (Reum, [0046]), in order to further equalize or adjust the operating times and lifetimes of the fuel cell modules (Reum, [0046]). The examiner notes that while Reum does not explicitly teach wherein a ranking system for each of the plurality of the fuel cell systems is determined while each of the plurality of the fuel cell systems is not providing power, it would be obvious to one of ordinary skill in the art wherein is determined while each of the plurality of the fuel cell systems is not providing power as this would produce the completely expected result of determining a ranking in order to shut down only one fuel cell module at a time in successive manner (or to completely deactivate the same), while the others remain at the rated load for as long as possible (Reum, [0047]). The Courts have held that selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results. See MPEP § 2144.04.
Therefore it would be obvious to one of ordinary skill in the art before the effective filing date to modify the parallel configured system of Dong with the teaching of Reum wherein a ranking system for each of the plurality of the fuel cell systems is determined while each of the plurality of the fuel cell systems is not providing power, and the ranking system is used to determine a preferred order of connection and disconnection of each of the plurality of the fuel cell systems based on one or more factors thereby further equalizing or adjusting the operating times and lifetimes of the fuel cell modules.
Regarding claim 17, modified Dong further teaches wherein the one or more factors include availability of each of the plurality of the fuel cell systems (Reum, [0046]). It is the examiner’s position that the determining as taught by modified Dong if the operating state of one of the fuel cell modules is outside the partial load range, satisfies the claim limitation.
Claim(s) 9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong US20080176120A1.
Regarding claim 9, Dong discloses all of the claim limitations as set forth above. Dong further discloses wherein each of the fuel cell systems voltage is compared to a reference voltage and if the fuel cell systems’ voltage is higher than the reference voltage, the fuel cell systems are disconnected and if the fuel cell systems’ voltage is lower than a reference voltage, the fuel cell systems are connected (Dong, [0026]), in order to adjust the power voltage integrally output (Dong, [0033]). Therefore it would be obvious to one of ordinary skill in in the art to modify the parallel configure system of Dong wherein the parallel configured system has a minimum power setting and a maximum power setting, and the operation of each of the plurality of the fuel cell systems is based on a range between the minimum power setting and the maximum power setting thereby adjusting the power voltage integrally output.
Regarding claim 18, Dong discloses all of the claim limitations as set forth above. Dong further discloses wherein each of the fuel cell systems voltage is compared to a reference voltage and if the fuel cell systems’ voltage is higher than the reference voltage, the fuel cell systems are disconnected and if the fuel cell systems’ voltage is lower than a reference voltage, the fuel cell systems are connected (Dong, [0026]), in order to adjust the power voltage integrally output (Dong, [0033]). Therefore it would be obvious to one of ordinary skill in in the art to modify the parallel configure system of Dong further comprising identifying predefined power levels for turning on and turning off each of the plurality of the fuel cell system based on a required power of the load thereby adjusting the power voltage integrally output.
Claim(s) 8, 11 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong US20080176120A1 in view of Han KR100396198B1 (using machine English translation provided).
Regarding claim 8, Dong discloses all of the claim limitations as set forth above and further discloses wherein the predefined power levels identified for turning on and turning off each of the plurality of the fuel cell systems are dynamically adjusted (Dong, [0026]) but does not disclose it is based on historical operating data of each of the plurality of the fuel cell systems.
In a parallel configured system Han teaches comprising a plurality of fuel cells (Han, [40]) and further teaches wherein predefined power levels are dynamically adjusted based on historical operating data of each of the plurality of the fuel cell systems (Han, [62]) in order to infer an approximate operating point for all operating conditions (Han, [62]). Therefore it would be obvious to modify the dynamically adjusted the predefined power levels identified for turning on and turning off each of the plurality of the fuel cell systems of Dong with the teaching of Han wherein the predefined power levels identified for turning on and turning off each of the plurality of the fuel cell systems are dynamically adjusted based on historical operating data of each of the plurality of the fuel cell systems thereby inferring an approximate operating point for all operating conditions.
Regarding claim 11, Dong discloses all of the claim limitations as set forth above but does not disclose wherein the end system integrator models for any time delay incurred in turning on each of the plurality of the fuel cell systems.
In a parallel configured system Han teaches comprising a plurality of fuel cells (Han, [40]) and additionally teaches wherein the end system integrator models for any time delay incurred in turning on each of the plurality of the fuel cell systems (Han, [48]) in order that the inferred operating point and the actual measured values match (Han, [48]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the end system integrator of Dong with the teaching of Han wherein the end system integrator models for any time delay incurred in turning on each of the plurality of the fuel cell systems thereby the inferred operating point and the actual measured values match.
Regarding claim 20, Dong discloses all of the claim limitations as set forth above but does not disclose wherein the end system integrator models for any time delay incurred in turning on each of the plurality of the fuel cell systems.
In a parallel configured system Han teaches comprising a plurality of fuel cells (Han, [40]) and additionally teaches wherein the end system integrator models for any time delay incurred in turning on each of the plurality of the fuel cell systems (Han, [48]) in order that the inferred operating point and the actual measured values match (Han, [48]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the end system integrator of Dong with the teaching of Han wherein the end system integrator models for any time delay incurred in turning on each of the plurality of the fuel cell systems thereby the inferred operating point and the actual measured values match.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lecky US20050110453A1 (discloses a parallel fuel cell system comprising a controller which dynamically adjusts operating parameters),
Mazumder US20090102291A1 (discloses a parallel fuel cell system comprising similar structure and limitations).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARED HANSEN whose telephone number is (571)272-4590. The examiner can normally be reached M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette can be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JARED HANSEN/Examiner, Art Unit 1723
/TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723