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 1-3 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.
The term “highly likely” in claim 1 is a relative term which renders the claim indefinite. The term “highly likely” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Claim 1 does not describe how to determine when failure determination is highly likely. Claim 2 describes this is in more detail and it is believed that these limitations should be added to claim 1 to show that failure determination is highly likely when the pressure measured by the pressure sensor exceeds a predetermined threshold value.
Regarding claims 1-3, it is unclear what a current quick cut-off circuit consists of or how it is performed.
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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hasuka (JP Publication 2007-311304).
Regarding claims 1-3, Hasuka discloses a fuel cell system comprising: a fuel cell 10, a hydrogen gas piping system 3 for supplying hydrogen gas as a fuel gas, and a pressure sensor 43 at the inlet of the fuel cell, wherein the hydrogen gas piping system comprises a shutoff valve 33, a regulator 34, and an injector 35 that uses a solenoid valve, and wherein the system comprises a control device 4 that detects an inlet gas pressure, determines a deviation between the inlet gas pressure and a target pressure, determines if the deviation is greater than a first threshold value, sends out a signal to fully open the injector if it is greater and if not, a second deviation is checked and then proceeds to a regular feedback control, detects the inlet gas pressure again, determines the deviation again, determines if the deviation is higher than a second threshold value, and if it is, sends out a signal to fully close the injector (Paragraphs 0021, 0025, 0045-0051).
Hasuka fails to specifically state that the control device switches to a current quick cut-off circuit, and that the inlet pressure is compared to the threshold value.
Hasuka teaches that the deviation between the inlet gas pressure and the target pressure is determined when the inlet gas pressure is higher than the target pressure (Paragraph 0050).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention that even though Hasuka teaches that the deviation of the pressure values is used to change the opening and closing of the valves, Hasuka also states that this occurs when the inlet pressure is higher than the target pressure, which shows that the inlet pressure is also being compared to the target pressure. It also would have been obvious to one of ordinary skill in the art that the fully opening of the solenoid valve in the first adjustment step of Hasuka can be equivalent to the current quick cut-off because the change in flow rate and pressure of the fuel gas will affect the current and the first step is used to prepare for the next check prior to shutting the valve completely.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITTANY L RAYMOND whose telephone number is (571)272-6545. The examiner can normally be reached Monday-Friday 9 am-6 pm.
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BRITTANY L. RAYMOND
Primary Examiner
Art Unit 1722
/BRITTANY L RAYMOND/ Primary Examiner, Art Unit 1722