Prosecution Insights
Last updated: October 27, 2026
Application No. 18/329,752

FUEL CELL SYSTEM

Final Rejection §102§103
Filed
Jun 06, 2023
Priority
Jun 29, 2022 — JP 2022-104261
Examiner
HEMINGWAY, TIMOTHY G
Art Unit
1754
Tech Center
1700 — Chemical & Materials Engineering
Assignee
SUBARU Corporation
OA Round
2 (Final)
43%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
62%
With Interview

Examiner Intelligence

Grants 43% of resolved cases
43%
Career Allowance Rate
35 granted / 82 resolved
-22.3% vs TC avg
Strong +19% interview lift
Without
With
+19.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
35 currently pending
Career history
139
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
56.3%
+16.3% vs TC avg
§102
17.1%
-22.9% vs TC avg
§112
24.4%
-15.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 82 resolved cases

Office Action

§102 §103
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 . Priority Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 06/29/2022. It is noted, however, that applicant has not filed a certified copy of the JP2022-104261 application as required by 37 CFR 1.55. Response to Amendment In response to the amendment received 06/23/2026, the objections to claims 5-8 and 35 U.S.C. 112(f) interpretation of claims 1-8 have been withdrawn from the previous office action. Claim Rejections - 35 USC § 102 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, 5, 9-10, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Foreign Publication JP2015176737A (used previously attached machine translation), hereafter Kawai. Regarding claim 1, Kawai discloses a fuel cell system ([0018] power generation unit U1) comprising: a fuel cell stack (CS) including cells and multiple sections, each of the multiple sections including one or more of the cells ([0024] cell stack CS has multiple cell blocks CB, each composed of multiple cells); a measurement sensor (29) configured to make a measurement of one or both of a surrounding environment of the fuel cell stack and an internal state of the fuel cell stack ([0032] voltage detection means is voltmeter 29 to measure cell block voltage); a control device (36) including one or more processors ([0034] operation number determination unit 36a, operating cell block determination unit 36b) and one or more memories ([0034] memory unit 36c), the control device (36) being configured to manage a state of the cells in each of the multiple sections ([0034] operation control means 36); and a flow regulating mechanism including flow regulating valves corresponding to the multiple sections ([0025] group of flow controllers 38 and 39) and configured to regulate flow rates of a fluid circulating through the multiple sections ([0032] number of cell blocks operating changing will change amount of fuel gas and oxidizer gas required to change, so flow rate controller groups 38, 39 are controlled by the operation control means 36), wherein the control device (36) is configured to, based on a result of the measurement made by the measurement sensor (29), set the multiple sections in the fuel cell stack (CS) by assigning one or more of the cells to each of the multiple sections such that a number of cells in a first section of the multiple sections is different from a number of cells in a second section of the multiple sections other than the first section ([0034] operation control means 36 includes operation number determination unit 36a that determines the number of cell blocks CB to be operated for power generation according to the magnitude of the load power and information regarding operation priority given to each of the multiple cell block CBs; [0050] operating cell block determination unit 36b of operation control means 36 may determine operating priority level based on detected voltage from voltage detection means 29A), and wherein, for each of the multiple sections, the control device is configured to control one or more of the flow regulating valves corresponding to the section based on the state of the one or more cells included in the section ([0025] flow controller group 38 provided along fuel gas supply path 7 which branches out to reach each cell block CB; [0032] operation control means 36 controls flow controller group 38). divide the fuel cell stack (CS) such that a number of cells in a first section of the multiple sections and a number of cells in a second section of the multiple sections other than the first section differ from each other ([0034] operation control means 36 includes operation number determination unit 36a that determines the number of cell blocks CB to be operated for power generation according to the magnitude of the load power). Regarding claim 5, Kawai further discloses wherein, upon controlling one or more of the flow regulating valves (38,39) corresponding to the first section to regulate a flow rate of the fluid circulating through the first section, the control device is configured to control one or more of the flow regulating valves (38, 39) corresponding to the second section to regulate a flow rate of the fluid circulating through the second section in accordance with the regulation of the flow rate of the fluid circulating through the first section ([0033] cell stack CS is configured to be able to supply and stop fuel and oxidizer gases for each of the multiple cell blocks CB). Regarding claim 9, Kawai discloses a fuel cell system ([0018] power generation unit U1) comprising: a fuel cell stack (CS) including cells and multiple sections, each of the multiple sections including one or more of the cells ([0024] cell stack CS has multiple cell blocks CB, each composed of multiple cells); a measurement sensor (29) configured to make a measurement of one or both of a surrounding environment of the fuel cell stack and an internal state of the fuel cell stack ([0032] voltage detection means is voltmeter 29 to measure cell block voltage); circuitry (36) configured to manage a state of the cells in each of the multiple sections ([0034] operation control means 36); and a flow regulating mechanism including flow regulating valves corresponding to the multiple sections ([0025] group of flow controllers 38 and 39) and configured to regulate flow rates of a fluid circulating through the multiple sections ([0032] number of cell blocks operating changing will change amount of fuel gas and oxidizer gas required to change, so flow rate controller groups 38, 39 are controlled by the operation control means 36), wherein the circuitry (36) is configured to, based on a result of the measurement made by the measurement sensor (29), set the multiple sections in the fuel cell stack (CS) by assigning one or more of the cells to each of the multiple sections such that a number of cells in a first section of the multiple sections is different from a number of cells in a second section of the multiple sections other than the first section ([0034] operation control means 36 includes operation number determination unit 36a that determines the number of cell blocks CB to be operated for power generation according to the magnitude of the load power and information regarding operation priority given to each of the multiple cell block CBs; [0050] operating cell block determination unit 36b of operation control means 36 may determine operating priority level based on detected voltage from voltage detection means 29A), and wherein, for each of the multiple sections, the circuitry (36) is configured to control one or more of the flow regulating valves corresponding to the section based on the state of the one or more cells included in the section ([0025] flow controller group 38 provided along fuel gas supply path 7 which branches out to reach each cell block CB; [0032] operation control means 36 controls flow controller group 38). Regarding claim 10, Kawai discloses wherein the fuel cell stack (CS) includes passages corresponding to respective cells ([0025] fuel gas supply line 7 and oxidizer gas supply line 1 branch out to reach each cell block), and wherein each of the flow regulating valves (38, 39) corresponds to one of the passages (1, 7) corresponding to the respective cells and is configured to regulate a flow rate of the fluid flowing through the corresponding one of the passages (1, 7) ([0025] flow controllers 38, 39 provided along respective supply paths). Regarding claim 12, Kawai discloses wherein the fuel cell stack includes a manifold having passages corresponding to the multiple sections ([0025] fuel gas supply line 7 branches out to reach each cell block CB), and wherein the flow regulating valves are provided in branch passages coupled to the passages corresponding to the multiple sections ([0025] each flow control unit 38a is installed in the middle of the fuel gas supply line 7 after it has branched). 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) 2-4 and 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foreign Publication JP2015176737A (used previously attached machine translation), hereafter Kawai, as stated above for claim 1, and further in view of Published Application US20050287406A1, hereafter Takahashi. Regarding claim 2, Kawai is silent on wherein the multiple sections include a middle section located in a middle of the fuel cell stack and an end section located closer to an end of the fuel cell stack than the middle section is, and wherein the control device is configured to set the multiple sections such that a number of cells included in the middle section is different from a number of cells included in the end section. In the analogous art of fuel cell stack management, Takahashi discloses that water produced when electricity is generated at the end of the fuel cell stack has been known to condense or freeze inside the stack, hindering the continued generation of electricity from fuel cells adjacent the end of the stack ([0007]). Takahashi further discloses sub-stacks at the end of the fuel cell stack, where the water produced is more likely to condense or freeze, can be controlled so that sub-stacks at the end of the stack do not generate electricity at low ambient temperatures, such as 0°C or lower ([0028]). 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 Kawai to also take into account the ends of the stacks and their vulnerabilities to lower temperatures, as disclosed by Takahashi, and configure the control device to group the ends of the stack in a separate smaller cell block from the middle section, in order to effectively control their use during freezing temperatures, as suggested by Takahashi. Regarding claim 3, modified Kawai discloses wherein the number of cells included in the end section is smaller than the number of cells included in the middle section (see above rejection of claim 2, control device is configured to group the ends of the stack in a separate smaller cell block from the middle section in order to effectively control their use during freezing temperatures, as suggested by Takahashi). Regarding claim 4, Kawai is silent on wherein the control device is configured to set the multiple sections, based on the result of the measurement made by the measurement sensor, such that a section located at an end of the fuel cell stack has fewer cells than another section of the multiple sections. In the analogous art of fuel cell stack management, Takahashi discloses that water produced when electricity is generated at the end of the fuel cell stack has been known to condense or freeze inside the stack, hindering the continued generation of electricity from fuel cells adjacent the end of the stack ([0007]). Takahashi further discloses sub-stacks at the end of the fuel cell stack, where the water produced is more likely to condense or freeze, can be controlled so that sub-stacks at the end of the stack do not generate electricity at low ambient temperatures, such as 0°C or lower ([0028]). 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 Kawai to also take into account the ends of the stacks and their vulnerabilities to lower temperatures, as disclosed by Takahashi, and configure the control device to group the ends of the stack in a separate smaller cell block from the middle section in response to the freezing temperature affecting the detected voltage of the cells at the ends of the stacks, in order to effectively control their use during freezing temperatures, as suggested by Takahashi. Regarding claims 6-8, Kawai further discloses wherein, upon controlling one or more of the flow regulating valves (38,39) corresponding to the first section to regulate a flow rate of the fluid circulating through the first section, the control device is configured to control one or more of the flow regulating valves (38, 39) corresponding to the second section to regulate a flow rate of the fluid circulating through the second section in accordance with the regulation of the flow rate of the fluid circulating through the first section ([0033] cell stack CS is configured to be able to supply and stop fuel and oxidizer gases for each of the multiple cell blocks CB). Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foreign Publication JP2015176737A (used previously attached machine translation), hereafter Kawai, as stated above for claims 1 and 10, and further in view of Published Application US20200266468A1, hereafter Chang. Regarding claim 11, Kawai is silent on wherein, when two or more of the cells are assigned to a same section of the multiple sections, the control device is configured to control, in a synchronized manner, two or more of the flow regulating valves corresponding to the two or more of the cells assigned to the same section. In the analogous art of fuel cell system flow control, Chang discloses wherein, when two or more of the cells are assigned to a same section of the multiple sections, the control device is configured to control, in a synchronized manner, two or more of the flow regulating valves corresponding to the two or more of the cells assigned to the same section ([0040] fuel cells may be partitioned such that each fuel cell can be controlled individually, in groups, or collectively; [0056] controlling individual fuel cells; [0061] controlling fuel, air, water supply to individual fuel cells). 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 Kawai to further partition the cells such that each fuel cell can be controlled individually, in groups, or collectively, as disclosed by Chang, in order to enable a finer and more specific control over the whole system. Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foreign Publication JP2015176737A (used previously attached machine translation), hereafter Kawai, as stated above for claims 1 and 9, and further in view of Foreign Publication JP2005005247A, hereafter Nakanishi. Regarding claim 13, Kawai is silent on wherein, when the control device determines that the one or more cells in one of the multiple sections are in a dried state, the control device is configured to reduce a flow rate of oxidation gas flowing through the one of the multiple sections or increase a flow rate of cooling water flowing through the one of the multiple sections. In the analogous art of fuel cell system flow control, Nakanishi discloses wherein, when the control device determines that the one or more cells in one of the multiple sections are in a dried state, the control device is configured to reduce a flow rate of oxidation gas flowing through the one of the multiple sections ([0053] if fuel cell block is in a dry up state, the gas in the fuel cell block is caused to accumulate by narrowing hydrogen and air back pressure regulating valves). 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 Kawai to reduce the flow rate of the oxidation gas in response to a detected cell dry state, as disclosed by Nakanishi, in order to regulate the humidity levels of the cells in the stack, and maintain optimal operational effectiveness of the fuel cell system. Regarding claims 14 and 15, Kawai is silent on wherein the fuel cell system comprises a heat source disposed around the fuel cell stack, wherein the multiple sections include a section close to the heat source, a middle section located in a middle of the fuel cell stack, and an end section located closer to an end of the fuel cell stack than the middle section is, and wherein the control device is configured to set the multiple sections such that a number of cells included in the section close to the heat source is smaller than a number of cells included in the middle section and smaller than a number of cells included in the end section. In the analogous art of fuel cell system flow control, Nakanishi discloses wherein the fuel cell system comprises a heat source disposed around the fuel cell stack ([0064] heating elements), wherein the multiple sections include a section close to the heat source ([0064] some fuel cell blocks are near heating elements), a middle section located in a middle of the fuel cell stack, and an end section located closer to an end of the fuel cell stack than the middle section is (Fig 1). Nakanishi further discloses wherein the fuel cell blocks between the heat generating elements tend to dry out easily, and there is a high possibility that each fuel cell block will have a different moisture state ([0064]), and that the oxidation gas supply may be controlled to each cell block in order to modulate the moisture levels thereof ([0053]). 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 Kawai to include further fuel cell stacks in order to increase power generation, and to reduce the number of cells in the end section that may be near an adjacent stack which is operating as a heat source, in order to separately control the cells that have the highest temperatures which also therefore have the lowest humidity, as disclosed by Nakanishi, in order to selectively provide more humidity to these warmer cells that dry up easily, as suggested by Nakanishi. Response to Arguments Applicant's arguments filed 06/23/2026 have been fully considered but they are not persuasive. In response to applicant’s argument regarding claim 1 on pages 10-11 of applicant’s remarks that Kawai does not set multiple sections by assigning one or more cells to each section based on a measurement result, the examiner disagrees, and notes, as stated in the rejection, [0034] of Kawai discloses that the operation control means determines which cell blocks are in operation, each cell block containing multiple cells. The examiner notes that, under the broadest reasonable interpretation, the determination of how many cell blocks to operate in Kawai also meets assigning one or more cells to a section as claimed, as a section could be understood to simply mean a group of cells, and for example two cell blocks would certainly fit “one or more cells”. In response to applicant’s argument regarding claim 1 on page 11 of applicant’s remarks that Kawai does not discloses controlling each flow regulating valve based on the state of the cells in a section corresponding to that flow regulating valve, the examiner disagrees, and notes, as stated in the rejection, [0032] of Kawai states that the number of cell blocks operating changing (which is a response by the operation control means 36 to the detected voltage by the voltmeters 29) will change the amount of fuel gas and oxidizer gas required to change, thus flow rate controller groups 38, 39 are controlled by the operation control means 36 in response to the detected voltage of the cells. 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. 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, Susan Leong can be reached at (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /T.G.H./Examiner, Art Unit 1754 /SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
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Prosecution Timeline

Jun 06, 2023
Application Filed
Mar 24, 2026
Non-Final Rejection mailed — §102, §103
Jun 23, 2026
Response Filed
Oct 01, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
43%
Grant Probability
62%
With Interview (+19.2%)
3y 0m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 82 resolved cases by this examiner. Grant probability derived from career allowance rate.

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