Prosecution Insights
Last updated: April 19, 2026
Application No. 18/373,061

FUEL CELL CHEMICAL FILTER MONITORING SYSTEM AND METHODS

Non-Final OA §102§103
Filed
Sep 26, 2023
Examiner
APICELLA, KARIE O
Art Unit
1725
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Donaldson Company Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
3y 4m
To Grant
93%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
834 granted / 1040 resolved
+15.2% vs TC avg
Moderate +12% lift
Without
With
+12.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
53 currently pending
Career history
1093
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
45.0%
+5.0% vs TC avg
§102
36.7%
-3.3% vs TC avg
§112
16.6%
-23.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1040 resolved cases

Office Action

§102 §103
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. 2. Claims 1-4 , 8, 12-19, 22-24, 36-28 and 30 are pending in this office action. Priority 3. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged. Information Disclosure Statement 4. Information disclosure statement s (IDS), submitted February 10, 2025, and July 10, 2025 , ha ve been received and considered by the examiner. Claim Rejections - 35 USC § 102 5. 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. 6. 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. 7. Clai ms 1-4, 8, 12-13, 19, 22-24, 26-28 and 30 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Baika (US 8,808,932 B2) . With regard to Claim 1 , Baika discloses in Figures 1-2, a fuel cell chemical filter monitoring system comprising: a processing unit , called an electronic control unit (ECU) (32) ; and a sensor package, including an air flow meter (15), a pressure sensor (16), a temperature sensor (17), and a concentration sensor (18), the sensor package (15, 16, 17, 18) comprising one or more sensors (15, 16, 17, 18) ; wherein the sensor package (15, 16, 17, 18) is configured to interface with an air flow channel , including an air intake tube (11) and a pipe (14), of a fuel cell system (1) upstream of a chemical filter (13) ; and detect an amount of a chemical compound coming in from the air intake tube (11) in the air flow channel (14) (column 5, line 22 through column 6, line 14) ; wherein the sensor package (15, 16, 17, 18) is operatively connected to the processing unit (32) ; wherein the processing unit (32) is configured to track total exposure of the chemical filter (13) to the chemical compound; and wherein the processing unit (32) is configured to estimate a remaining life of the chemical filter (13) based on the tracked total exposure of the chemical filter (13) and data regarding the total capacity of the chemical filter (13) (column 6, lines 43-54 and column 7, lines 50-67) . With regard to Claim 2 , Baika discloses in Figures 1-2, the chemical compound comprising at least one selected from the group consisting of an acid species, a base species, and a volatile organic compound (column 5, lines 21-34). With regard to Claim 3 , Baika discloses in Figures 1-2, the chemical compound comprising at least one selected from the group consisting of SO 2 , H 2 S, NO 2 (column 5, lines 21-34) . With regard to Claim 4 , Baika discloses in Figures 1-2, the one or more sensors (15, 16, 17, 18) comprising at least one selected from the group consisting of a concentration sensor (18) for an acid, a base, and a volatile organic compound (VOC) (column 5, lines 21-34). With regard to Claim 8 , Baika discloses in Figures 1-2, wherein the fuel cell chemical filter monitoring system is configured to send data regarding at least one of tracked total exposure and estimated remaining filter life (column 6, line 34 through column 7, line 67) . With regard to Claim 12 , Baika discloses in Figures 1-2, the sensor package further comprising at least one selected from the group consisting of a temperature sensor (17) and a pressure sensor (16) (column 5, lines 21-34 and column 7, lines 50-67) . With regard to Claim 13 , Baika discloses in Figures 1-2, the sensor package further comprising a flow sensor , called an air flow meter (15) (column 5, lines 21-34 and column 7, lines 50-67) . With regard to Claim 1 9 , Baika discloses in Figures 1-2, wherein the processing unit (32) is configured to receive an input regarding a filter change event (column 8, lines 1-17) . With regard to Claim 22 , Baika discloses in Figures 1-2, wherein the processing unit (32) is configured to receive data from a vehicular data system (column 9, lines 43-56) . With regard to Claim 2 3, Baika discloses in Figures 1-2, wherein the processing unit (32) is configured to receive data regarding power output from the fuel cell (1) (column 9, lines 43-56) . With regard to Claim 24 , Baika discloses in Figures 1-2, wherein the processing unit (32) is configured to use the data regarding power output to modulate estimate calculations regarding remaining life of the chemical filter (13) (column 9, lines 43-56) . With regard to Claim 26 , Baika discloses in Figures 1-2, the sensor package (15, 16, 17, 18) further comprising parallel flow paths (See Figure 1) , wherein individual sensors (15, 16, 17, 18) are disposed within individual parallel flow paths (column 7, lines 50-67) . With regard to Claim 27 , Baika discloses in Figures 1-2, wherein the fuel cell chemical filter monitoring system is configured to issue an alert , through a warning lamp (33), when the remaining life the chemical filter (13) crosses a threshold value (column 9, lines 43-56) . With regard to Claim 28 . Baika discloses in Figures 1-2, wherein the fuel cell chemical filter monitoring system is configured to issue alerts , through warning lamp (33), according to a tiered severity scheme when the remaining life the chemical filter (13) crosses one or more threshold values (column 9, line 43 through column 10, line 18) . With regard to Claim 30, Baika discloses in Figure 2, a method of monitoring a fuel cell chemical filter (13) comprising: interfacing with an air flow channel , or an air intake tube (11), of a fuel cell system (1) upstream of a chemical filter (13) ; detecting an amount of a chemical compound coming in from the air intake tube (11) in the air flow channel; tracking total exposure of the chemical filter (13) to the chemical compound by using a concentration sensor (18) ; and estimating a remaining life of the chemical filter (13) based on the tracked total exposure of the chemical filter (13) and data regarding the total capacity of the chemical filter (13) (column 8, line 1 through column 10, line 41). Claim Rejections - 35 USC § 103 8. 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. 9. 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. 10. 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. 11. Claim s 1 4 -18 are rejected under 35 U.S.C. 103 as being unpatentable over Baika (US 8,808,932 B2), as applied to Claims 1-4, 8, 12-13, 19, 22-24, 26-28 and 30 above, and in further view of Xin et al. (CN113713533A) . With regard to Claims 14-15, Baika discloses the fuel cell chemical filter monitoring system in paragraph 7 above, but do not specifically disclose further comprising a geolocation circuit , wherein the fuel cell chemical filter monitoring system is configured to receive data regarding environmental levels of the chemical compound from a remote system using geolocation data from the geolocation circuit. Xin et al. disclose in Figure 3, a control system from an air filtration system including obtaining weather information for the current location through a positioning module (considered a geolocation circuit), obtaining the current running time through a controller, and capturing the physical substance concentration information and chemical substance concentration information (considered environmental levels of the chemical compound) in the network weather information from a vehicle positioning module, vehicle networking, TBOX or other vehicle communication modules (considered remote system using geolocation data from the geolocation circuit ) (paragraphs 0085-0091). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the fuel cell chemical filter monitoring system of Baika to include a geolocation circuit , wherein the fuel cell chemical filter monitoring system is configured to receive data regarding environmental levels of the chemical compound from a remote system using geolocation data from the geolocation circuit , because Xin et al. teach that this configuration provides a flexible way to obtain the vehicles current location and improve the accuracy of the physical filtration saturation and chemical filtration saturation without adding additional detection equipment and without increasing costs related to the filtration system (paragraph 0091). With regard to Claims 16 -18, Baika discloses the fuel cell chemical filter monitoring system in paragraph 7 above, but do not specifically disclose wherein the fuel cell chemical filter monitoring system is configured to receive data regarding environmental levels of the chemical compound from a remote system , wherein the fuel cell chemical filter monitoring system is configured to use the received data to calibrate the one or more sensors , and wherein the fuel cell chemical filter monitoring system is configured to use the received data to modulate estimate calculations regarding remaining life of the chemical filter . Xin et al. disclose in Figure 3, a control system from an air filtration system including obtaining weather information for the current location through a positioning module (considered to include one or more sensors ), obtaining the current running time through a controller (also considered to include one or more sensors) , and capturing the physical substance concentration information and chemical substance concentration information (considered environmental levels of the chemical compound) of the air filtration system in the network weather information from a vehicle positioning module, vehicle networking, TBOX or other vehicle communication modules (considered remote system ) (paragraphs 0085-0091) and us ing the received data to calibrate the one or more sensors , and wherein the fuel cell chemical filter monitoring system is configured to use the received data to modulate estimate calculations regarding remaining life of the chemical filter . Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the fuel cell chemical filter monitoring system of Baika to include receiv ing data regarding environmental levels of the chemical compound from a remote system , wherein the fuel cell chemical filter monitoring system is configured to use the received data to calibrate the one or more sensors , and wherein the fuel cell chemical filter monitoring system is configured to use the received data to modulate estimate calculations regarding remaining life of the chemical filter , because Xin et al. teach that this configuration provides a flexible way to obtain the vehicles current location and improve the accuracy of the physical filtration saturation and chemical filtration saturation without adding additional detection equipment and without increasing costs related to the filtration system (paragraph 0091). Conclusion 12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT KARIE O APICELLA whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-8614 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday thru Friday; 8:00AM to 5:00PM EST . 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, FILLIN "SPE Name?" \* MERGEFORMAT Nicole Buie-Hatcher can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-270-3879 . 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. /KARIE O'NEILL APICELLA/ Primary Examiner, Art Unit 1725
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Prosecution Timeline

Sep 26, 2023
Application Filed
Mar 25, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
93%
With Interview (+12.4%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 1040 resolved cases by this examiner. Grant probability derived from career allow rate.

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