Prosecution Insights
Last updated: October 01, 2026
Application No. 18/439,995

FUEL CELL SYSTEM

Non-Final OA §103
Filed
Feb 13, 2024
Priority
Feb 21, 2023 — JP 2023-024894
Examiner
KASPER, BYRON XAVIER
Art Unit
Tech Center
Assignee
Honda Motor Co., Ltd.
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
87 granted / 122 resolved
+11.3% vs TC avg
Strong +17% interview lift
Without
With
+17.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
15 currently pending
Career history
149
Total Applications
across all art units

Statute-Specific Performance

§101
10.1%
-29.9% vs TC avg
§103
59.0%
+19.0% vs TC avg
§102
12.4%
-27.6% vs TC avg
§112
14.8%
-25.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 122 resolved cases

Office Action

§103
Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 2. This communication is responsive to Application No. 18/439,995 and the claims filed on 2/13/2024. 3. Claims 1-9 are presented for examination. Information Disclosure Statement 4. The information disclosure statements (IDS) submitted on 2/13/2024 and 10/17/2024 have been fully considered by the Examiner. Claim Objections 5. Claims 1, 7, and 8 are objected to because of the following informalities: Regarding Claim 1, the term “a fuel cell system has an external power supply function” recited in line 1 should read “a fuel cell system having an external power supply function.” Regarding Claim 7, the term “wherein the controlling including setting” recited in lines 1-2 should read “wherein the controlling includes setting.” Regarding Claim 8, the term “a fuel cell system has an external power supply function” recited in line 1 should read “a fuel cell system having an external power supply function.” Appropriate correction is required. Claim Rejections - 35 USC § 103 6. 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. 7. 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. 8. Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsubara et al. (US 20160137065 A1 hereinafter Matsubara) in view of Yoon et al. (US 20110273131 A1 hereinafter Yoon). Regarding Claim 1, Matsubara teaches a fuel cell system has an external power supply function of supplying power of a battery ([0018] via “The fuel cell vehicle 10 is provided with … a secondary battery 140 ….”) and power of a fuel cell ([0018] via “The fuel cell vehicle 10 is provided with a fuel cell 110, ….”) to an external load ([0027] via “… electric power is supplied from the fuel cell 110 and the secondary battery 140 to the external load 200 connected to the external electric power supply device 174.”), the fuel cell system comprising: a microprocessor and a memory coupled to the microprocessor ([0028] via “The control device 180 is configured as a microcomputer that is provided with a central processing device and a main memory device.”), wherein the microprocessor is configured to perform, during an external power supply in which power is supplied to an external load ([0007] via “… there is provided a method for controlling an external electric power supply system supplying electric power from a fuel cell and a secondary battery mounted on a vehicle to an external load, the method including controlling electric power generation of the fuel cell and charging and discharging of the secondary battery ….”), supplying a surplus power not consumed out of the generated power of the fuel cell to the battery to charge the battery ([0007] via “In addition, the secondary battery can be sufficiently charged with a surplus of the generated electric power even in a case where the externally supplied electric power that is required rapidly decreases to zero when the externally supplied electric power is generated entirely by the fuel cell.”), and the microprocessor is configured to perform the controlling including, during the external power supply, controlling an output of the battery so that the power of the battery is supplied to the external load ([0027] via “… electric power is supplied from the fuel cell 110 and the secondary battery 140 to the external load 200 connected to the external electric power supply device 174.”). Matsubara is silent on wherein the microprocessor is configured to perform, during an external power supply in which power is supplied to an external load, controlling a power generation of the fuel cell so as to generate a power at a predetermined power generation efficiency, and the microprocessor is configured to perform the controlling including, during the external power supply, stopping the power generation of the fuel cell when a charge rate of the battery becomes a first predetermined value or larger, and resuming the power generation of the fuel cell when the charge rate becomes a second predetermined value smaller than the first predetermined value or lower. However, Yoon teaches wherein the microprocessor is configured to perform, during an external power supply in which power is supplied to an external load ([0057] via “In the on-state, the fuel cell stack 40 supplies electric current to the load unit 50 or the secondary battery 60, ….”), controlling a power generation of the fuel cell so as to generate a power at a predetermined power generation efficiency ([0057] via “Specifically, the controller 70 controls the fuel cell stack 40 so that the fuel cell stack 40 always generates a current corresponding a nominal power. … The fuel cell stack 40 provides the best fuel efficiency when the fuel cell stack 40 generates electric current corresponding to the nominal power. In other words, the nominal power of the fuel cell stack 40 is an output power of the fuel cell stack 40, at which the fuel cell stack 40 has the best fuel efficiency.”), (Note: The Examiner interprets the nominal power output of Yoon as the power at the predetermined power generation efficiency.), and the microprocessor is configured to perform the controlling including, during the external power supply ([0057] via “In the on-state, the fuel cell stack 40 supplies electric current to the load unit 50 or the secondary battery 60, ….”), stopping the power generation of the fuel cell when a charge rate of the battery becomes a first predetermined value or larger ([0060] via “When the secondary battery 60 reaches a predetermined upper reference of SOC, the controller 70 drives the fuel cell stack 40 to the off-state. The upper reference of SOC is referred to as a SOCH.”), and resuming the power generation of the fuel cell when the charge rate becomes a second predetermined value smaller than the first predetermined value or lower ([0060] via “When the secondary battery 60 reaches a predetermined lower reference of SOC, the controller 70 drives the fuel cell stack 40 to the on-state, and the fuel cell stack 40 supplies electric energy to the load unit 50 and the secondary battery 60. The lower reference of SOC is referred to as a SOCL.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Yoon wherein the microprocessor is configured to perform, during an external power supply in which power is supplied to an external load, controlling a power generation of the fuel cell so as to generate a power at a predetermined power generation efficiency, and the microprocessor is configured to perform the controlling including, during the external power supply, stopping the power generation of the fuel cell when a charge rate of the battery becomes a first predetermined value or larger, and resuming the power generation of the fuel cell when the charge rate becomes a second predetermined value smaller than the first predetermined value or lower. Doing so controls the power output of the fuel cell at the most fuel-efficient power to operate the system at, as stated above by Yoon in paragraph [0057]. 9. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsubara et al. (US 20160137065 A1 hereinafter Matsubara) in view of Yoon et al. (US 20110273131 A1 hereinafter Yoon), and further in view of Seung et al. (US 20210170909 A1 hereinafter Seung). Regarding Claim 2, modified reference Matsubara teaches the fuel cell system according to claim 1, but is silent on wherein the microprocessor is configured to perform the controlling including determining an upper limit value of the generated power of the fuel cell based on a power capable of being consumed by an auxiliary equipment driven with at least one of the power of the battery and the power of the fuel cell, and the charge rate. However, Seung teaches determining an upper limit value of the generated power of the fuel cell based on a power capable of being consumed by an auxiliary equipment driven with at least one of the power of the battery and the power of the fuel cell ([0099] via “When the required amount of output of the motor is less than the predetermined reference value m, in S203, the apparatus may calculate an amount of output of a fuel cell by adding the required amount of output of the motor to an additional amount a …. In this case, when the altitude is high, the apparatus may calculate the additional amount a with regard to a maximum value of an output produced by the fuel cell. … For example, assuming that a maximum value of the amount of output of the fuel cell is 100 and that the required amount of output of the motor is 70, the amount of output of the fuel cell may be set to 70 according to the required amount of output of the motor. … The amount of output of the fuel cell may be increased by the additional amount a (e.g., 10) for charging the high voltage battery to be output as 80. Thus, as the amount of output of the fuel cell becomes 80, 70 may be used to drive the motor and the remaining 10 may be used to charge the high voltage battery.”), and the charge rate ([0099] via “… the apparatus may calculate an amount of output of a fuel cell by adding the required amount of output of the motor to an additional amount a determined according to an altitude and a current SOC. In this case, when the altitude is high, the apparatus may calculate the additional amount a with regard to a maximum value of an output produced by the fuel cell. The additional amount a may correspond to an output for charging a high voltage battery. … The amount of output of the fuel cell may be increased by the additional amount a (e.g., 10) for charging the high voltage battery to be output as 80. Thus, as the amount of output of the fuel cell becomes 80, 70 may be used to drive the motor and the remaining 10 may be used to charge the high voltage battery.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Seung wherein the microprocessor is configured to perform the controlling including determining an upper limit value of the generated power of the fuel cell based on a power capable of being consumed by an auxiliary equipment driven with at least one of the power of the battery and the power of the fuel cell, and the charge rate. Doing so adjusts the output of the fuel cell to appropriately power or charge the auxiliary devices according to their consumption requirements, as stated above by Seung. 10. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsubara et al. (US 20160137065 A1 hereinafter Matsubara) in view of Yoon et al. (US 20110273131 A1 hereinafter Yoon), further in view of Seung et al. (US 20210170909 A1 hereinafter Seung), and further in view of Koyama et al. (US 20060286420 A1 hereinafter Koyama) and Hamada et al. (US 20100316922 A1 hereinafter Hamada). Regarding Claim 3, modified reference Matsubara teaches the fuel cell system according to claim 2, but is silent on wherein the microprocessor is configured to perform the controlling including determining a lower limit value of the generated power of the fuel cell based on the power capable of being consumed by the auxiliary equipment and a maximum power consumption of the external load. However, Koyama teaches determining a lower limit value of the generated power of the fuel cell based on the power capable of being consumed by the auxiliary equipment ([0056] via “While the fuel cell stack 10 generates electricity, the ECU 50 determines whether the air inlet valve 42 fails or not, based on the voltage information from the voltmeter 51. Specifically, referring to FIG. 2, the ECU 50 determines whether or not the output voltage of the fuel cell stack 10 exceeds a predetermined value, based on the voltage information (step S1). … In this case, the predetermined value represents a lower limit below which external loads such as motors can no longer operate.”). Further, Hamada teaches determining a lower limit value of the generated power of the fuel cell based on a maximum power consumption of the external load ([0123] via “Then, a maximum output enabling the vehicle 1 to travel at this speed VS0 when actuating the motor 16 is calculated, and the voltage (the motor necessary voltage), which should be applied to the inverter 15, is derived so as to enable the maximum output to be exhibited. Then, the fuel cell 11 is designed … so that the motor necessary voltage can be output directly from the fuel cell 11 without via the FC boost converter 12.”), (Note: The Examiner interprets the motor necessary voltage of Hamada as the lower limit value of the generated power of the fuel cell.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Koyama wherein the microprocessor is configured to perform the controlling including determining a lower limit value of the generated power of the fuel cell based on the power capable of being consumed by the auxiliary equipment. Doing so provides the minimum amount of power required to power the auxiliary equipment, which would otherwise fail without sufficient power supplied, as stated by Koyama ([0062] via “As described above, while the fuel cell system 1 generates electricity, the ECU 50 detects the failure of the air inlet valve 42, based on the voltage information from the voltmeter 51. If the output voltage of the fuel cell stack 10 is less than a predetermined value, in other words, if the air inlet valve 42 is determined to fail, then the ECU 50 closes the isolation valve 22, and stops the operations of the compressor 31 and of the fuel cell stack 10.”). In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Hamada wherein the microprocessor is configured to perform the controlling including determining a lower limit value of the generated power of the fuel cell based on a maximum power consumption of the external load. Doing so provides enough power to the external load for it to operate at its maximum output potential, as stated above by Hamada. 11. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsubara et al. (US 20160137065 A1 hereinafter Matsubara) in view of Yoon et al. (US 20110273131 A1 hereinafter Yoon), further in view of Seung et al. (US 20210170909 A1 hereinafter Seung), further in view of Koyama et al. (US 20060286420 A1 hereinafter Koyama) and Hamada et al. (US 20100316922 A1 hereinafter Hamada), and further in view of Jang (US 20230378502 A1 hereinafter Jang). Regarding Claim 4, modified reference Matsubara teaches the fuel cell system according to claim 3, but is silent on wherein the microprocessor is configured to perform the controlling including setting a target value of the power generation of the fuel cell between the upper limit value and the lower limit value. However, Jang teaches setting a target value of the power generation of the fuel cell between the upper limit value and the lower limit value ([0093] via “As an example, the fuel cell stack output controller 130 may be configured to control the outputs of the driven fuel cell stacks such that individual voltages of the fuel cells that constitute the driven fuel cell stacks are included in a preset specific range, in which an upper limit and a lower limit are determined.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Jang wherein the microprocessor is configured to perform the controlling including setting a target value of the power generation of the fuel cell between the upper limit value and the lower limit value. Doing so controls the output of the fuel cell to be within an appropriate range that optimizes the health of the fuel cell, as stated by Jang ([0094] via “Here, the specific range, in which the upper limit and the lower limit are determined, may be set in consideration of degradation degrees or durability degrees of the one or more fuel cell stacks.”). 12. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsubara et al. (US 20160137065 A1 hereinafter Matsubara) in view of Yoon et al. (US 20110273131 A1 hereinafter Yoon), and further in view of Sakai et al. (US 20210098802 A1 hereinafter Sakai). Regarding Claim 5, modified reference Matsubara teaches the fuel cell system according to claim 1, but is silent on wherein the predetermined power generation efficiency is a max power generation efficiency of the fuel cell. However, Sakai teaches wherein the predetermined power generation efficiency is a max power generation efficiency of the fuel cell ([0075] via “In the example shown in FIG. 3, the FC unit 100 outputs the electric power to the battery 42 from the FC unit 100 to increase the SOC of the battery 42 when an initial value of the SOC of the battery 42 is less than a first threshold X1. In this case, for example, the FC unit 100 performs power generation at a power generation amount with maximum power generation efficiency, and outputs the generated electric power at the battery 42.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Sakai wherein the predetermined power generation efficiency is a max power generation efficiency of the fuel cell. By operating the fuel cell at the maximum power generation efficiency, doing so improves the fuel consumption of the system, as stated by Sakai ([0094] via “In addition, according to the fuel cell system 10 of the first embodiment, when the temperature of the battery 42 is equal to or greater than the predetermined temperature upon external power supply, since the FC unit 100 generates power with the power generation amount at the maximum efficiency, fuel consumption can be improved.”). 13. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsubara et al. (US 20160137065 A1 hereinafter Matsubara) in view of Yoon et al. (US 20110273131 A1 hereinafter Yoon), further in view of Seung et al. (US 20210170909 A1 hereinafter Seung), further in view of Koyama et al. (US 20060286420 A1 hereinafter Koyama) and Hamada et al. (US 20100316922 A1 hereinafter Hamada), and further in view of Sakai et al. (US 20210098802 A1 hereinafter Sakai) and Jang (US 20230378502 A1 hereinafter Jang). Regarding Claim 6, modified reference Matsubara teaches the fuel cell system according to claim 3, but is silent on wherein the predetermined power generation efficiency is a max power generation efficiency of the fuel cell, and the microprocessor is configured to perform the controlling including setting a target value of the power generation of the fuel cell so that the target value is included within both a power generation limit range defined by the upper limit value and the lower limit value and a range of the maximum efficiency power generation. However, Sakai teaches wherein the predetermined power generation efficiency is a max power generation efficiency of the fuel cell ([0075] via “In the example shown in FIG. 3, the FC unit 100 outputs the electric power to the battery 42 from the FC unit 100 to increase the SOC of the battery 42 when an initial value of the SOC of the battery 42 is less than a first threshold X1. In this case, for example, the FC unit 100 performs power generation at a power generation amount with maximum power generation efficiency, and outputs the generated electric power at the battery 42.”), and the microprocessor is configured to perform the controlling including setting a target value of the power generation of the fuel cell so that the target value is included within a range of the maximum efficiency power generation ([0075] via “In the example shown in FIG. 3, the FC unit 100 outputs the electric power to the battery 42 from the FC unit 100 to increase the SOC of the battery 42 when an initial value of the SOC of the battery 42 is less than a first threshold X1. In this case, for example, the FC unit 100 performs power generation at a power generation amount with maximum power generation efficiency, and outputs the generated electric power at the battery 42.”). Further, Jang teaches wherein the microprocessor is configured to perform the controlling including setting a target value of the power generation of the fuel cell so that the target value is included within both a power generation limit range defined by the upper limit value and the lower limit value ([0093] via “As an example, the fuel cell stack output controller 130 may be configured to control the outputs of the driven fuel cell stacks such that individual voltages of the fuel cells that constitute the driven fuel cell stacks are included in a preset specific range, in which an upper limit and a lower limit are determined.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Sakai wherein the predetermined power generation efficiency is a max power generation efficiency of the fuel cell, and the microprocessor is configured to perform the controlling including setting a target value of the power generation of the fuel cell so that the target value is included within a range of the maximum efficiency power generation. By operating the fuel cell at the maximum power generation efficiency, doing so improves the fuel consumption of the system, as stated by Sakai ([0094] via “In addition, according to the fuel cell system 10 of the first embodiment, when the temperature of the battery 42 is equal to or greater than the predetermined temperature upon external power supply, since the FC unit 100 generates power with the power generation amount at the maximum efficiency, fuel consumption can be improved.”). In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Jang wherein the microprocessor is configured to perform the controlling including setting a target value of the power generation of the fuel cell so that the target value is included within both a power generation limit range defined by the upper limit value and the lower limit value. Doing so controls the output of the fuel cell to be within an appropriate range that optimizes the health of the fuel cell, as stated by Jang ([0094] via “Here, the specific range, in which the upper limit and the lower limit are determined, may be set in consideration of degradation degrees or durability degrees of the one or more fuel cell stacks.”). 14. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsubara et al. (US 20160137065 A1 hereinafter Matsubara) in view of Yoon et al. (US 20110273131 A1 hereinafter Yoon), further in view of Seung et al. (US 20210170909 A1 hereinafter Seung), further in view of Koyama et al. (US 20060286420 A1 hereinafter Koyama) and Hamada et al. (US 20100316922 A1 hereinafter Hamada), further in view of Sakai et al. (US 20210098802 A1 hereinafter Sakai) and Jang (US 20230378502 A1 hereinafter Jang), and further in view of Saeki et al. (US 20080297113 A1 hereinafter Saeki). Regarding Claim 7, modified reference Matsubara teaches the fuel cell system according to claim 6, but is silent on wherein the controlling including setting the target value to a maximum value in a range in which the power generation limit range and the range of the maximum efficiency power generation overlap with each other. However, Saeki teaches setting the target value to a maximum value in a range in which the power generation limit range and the range of the maximum efficiency power generation overlap with each other ([0083] via “In FIG. 6, a vertical axis shows an efficiency of the output electric power of the fuel cell and a frequency of the output electric power of the fuel cell system, and a horizontal axis shows the output electric power of the fuel cell (FC output) and the output electric power of the fuel cell system (system output).”), ([0091] via “The control unit determines the following upper limit value as described in the first and second embodiments, computes an efficiency of the output electric power of the fuel cell when the fuel cell system periodically supplies an output electric power to the motor 107, and determines the following lower limit value which is a value of the output electric power of the fuel cell 101 to maximize the efficiency of the output electric power of the fuel cell. … the control unit 605 determines the distribution of the output electric power to the fuel cell 101 and the battery 102 so as to increase and decrease the output electric power supplied by the fuel cell 101 in accordance with a change of the output electric power required for the fuel cell system.”), (Note: See Figure 6 of Saeki as well, wherein the power generation limit range and the range of maximum efficiency of the fuel cell overlap.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Saeki wherein the controlling including setting the target value to a maximum value in a range in which the power generation limit range and the range of the maximum efficiency power generation overlap with each other. Doing so optimizes the output of the fuel cell by setting it to a power generated that is both within the frequency limit range and reaches the maximum efficiency curve, as stated above by Saeki in paragraph [0091] and shown in Figure 6 of Saeki. 15. Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsubara et al. (US 20160137065 A1 hereinafter Matsubara) in view of Yoon et al. (US 20110273131 A1 hereinafter Yoon) and Iwasaki (US 20020162694 A1 hereinafter Iwasaki). Regarding Claim 8, Matsubara teaches a fuel cell system has an external power supply function of supplying power of a battery ([0018] via “The fuel cell vehicle 10 is provided with … a secondary battery 140 ….”) and power of a fuel cell ([0018] via “The fuel cell vehicle 10 is provided with a fuel cell 110, ….”) to an external load ([0027] via “… electric power is supplied from the fuel cell 110 and the secondary battery 140 to the external load 200 connected to the external electric power supply device 174.”), the fuel cell system comprising: a microprocessor and a memory coupled to the microprocessor ([0028] via “The control device 180 is configured as a microcomputer that is provided with a central processing device and a main memory device.”), wherein the microprocessor is configured to perform, during an external power supply in which power is supplied to an external load ([0007] via “… there is provided a method for controlling an external electric power supply system supplying electric power from a fuel cell and a secondary battery mounted on a vehicle to an external load, the method including controlling electric power generation of the fuel cell and charging and discharging of the secondary battery ….”), supplying a surplus power not consumed out of the generated power of the fuel cell to the battery to charge the battery ([0007] via “In addition, the secondary battery can be sufficiently charged with a surplus of the generated electric power even in a case where the externally supplied electric power that is required rapidly decreases to zero when the externally supplied electric power is generated entirely by the fuel cell.”), and the microprocessor is configured to perform: the controlling including, during the external power supply, controlling an output of the battery so that the power of the battery is supplied to the external load ([0027] via “… electric power is supplied from the fuel cell 110 and the secondary battery 140 to the external load 200 connected to the external electric power supply device 174.”). Matsubara is silent on wherein the microprocessor is configured to perform, during an external power supply in which power is supplied to an external load, controlling a power generation of the fuel cell so as to generate a power at a predetermined power generation efficiency, and the microprocessor is configured to perform: the controlling including, during the external power supply, determining a target value of the power generation of the fuel cell to a predetermined amount of power when a charge rate of the battery becomes a first predetermined value or larger and continuing the power generation of the fuel cell according to the target value, and resuming the power generation of the fuel cell with the predetermined power generation efficiency when the charge rate becomes a second predetermined value smaller than the first predetermined value or lower. However, Yoon teaches wherein the microprocessor is configured to perform, during an external power supply in which power is supplied to an external load ([0057] via “In the on-state, the fuel cell stack 40 supplies electric current to the load unit 50 or the secondary battery 60, ….”), controlling a power generation of the fuel cell so as to generate a power at a predetermined power generation efficiency ([0057] via “Specifically, the controller 70 controls the fuel cell stack 40 so that the fuel cell stack 40 always generates a current corresponding a nominal power. … The fuel cell stack 40 provides the best fuel efficiency when the fuel cell stack 40 generates electric current corresponding to the nominal power. In other words, the nominal power of the fuel cell stack 40 is an output power of the fuel cell stack 40, at which the fuel cell stack 40 has the best fuel efficiency.”), (Note: The Examiner interprets the nominal power output of Yoon as the power at the predetermined power generation efficiency.), and the microprocessor is configured to perform: the controlling including, during the external power supply ([0057] via “In the on-state, the fuel cell stack 40 supplies electric current to the load unit 50 or the secondary battery 60, ….”), resuming the power generation of the fuel cell with the predetermined power generation efficiency ([0057] via “Specifically, the controller 70 controls the fuel cell stack 40 so that the fuel cell stack 40 always generates a current corresponding a nominal power. … The fuel cell stack 40 provides the best fuel efficiency when the fuel cell stack 40 generates electric current corresponding to the nominal power. In other words, the nominal power of the fuel cell stack 40 is an output power of the fuel cell stack 40, at which the fuel cell stack 40 has the best fuel efficiency.”) when the charge rate becomes a second predetermined value smaller than the first predetermined value or lower ([0060] via “When the secondary battery 60 reaches a predetermined lower reference of SOC, the controller 70 drives the fuel cell stack 40 to the on-state, and the fuel cell stack 40 supplies electric energy to the load unit 50 and the secondary battery 60. The lower reference of SOC is referred to as a SOCL.”). Further, Iwasaki teaches wherein the microprocessor is configured to perform: the controlling including, during the external power supply ([0029] via “The motor 9 is driven by the power supply from the fuel cell 4 and battery 7, and drives drive wheels 15 through a reduction gear device 14.”), determining a target value of the power generation of the fuel cell to a predetermined amount of power ([0038] via “In the step S8, idle operation is performed … Idle operation means a state where the power generated by the fuel cell 4 and the power consumption of the compressor 5, etc., are balanced, or a state for maintaining a hot standby state ….”), (Note: The Examiner interprets the idle power of Iwasaki as the predetermined amount of power.) when a charge rate of the battery becomes a first predetermined value or larger and continuing the power generation of the fuel cell according to the target value ([0042] via “In the range A, if the SOC of the battery 7 is lower than the upper limit SOC_H, the fuel cell power system 100 is operated under a predetermined load corresponding to the maximum efficiency operating point regardless of electrical load demand, and if it is larger than the upper limit, the fuel cell power system 100 is run idle or stopped.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Yoon wherein the microprocessor is configured to perform, during an external power supply in which power is supplied to an external load, controlling a power generation of the fuel cell so as to generate a power at a predetermined power generation efficiency, and the microprocessor is configured to perform: the controlling including, during the external power supply, resuming the power generation of the fuel cell with the predetermined power generation efficiency when the charge rate becomes a second predetermined value smaller than the first predetermined value or lower. Doing so controls the power output of the fuel cell at the most fuel-efficient power to operate the system at, as stated above by Yoon in paragraph [0057]. In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Iwasaki wherein the microprocessor is configured to perform: the controlling including, during the external power supply, determining a target value of the power generation of the fuel cell to a predetermined amount of power when a charge rate of the battery becomes a first predetermined value or larger and continuing the power generation of the fuel cell according to the target value. Doing so prevents the fuel cell from constantly being changed between on and off states, resulting in a more efficient operation of the fuel cell system, as stated by Iwasaki ([0040] via “The above-mentioned control prevents the fuel cell power system 100 from frequently changing over between idle operation or stop and re-operation, and impairment of system efficiency due to repeat of stop and re-operation is suppressed. When the SOC reaches the upper limit SOC_H overcharge of the battery 7 can be prevented by changing over the operating state of the fuel cell power system 100 to the idle operation state or stop state.”). Regarding Claim 9, modified reference Matsubara teaches the fuel cell system according to claim 8, but is silent on wherein the predetermined amount of power is a minimum amount of generation power required for the fuel cell to continue the power generation of the fuel cell. However, Iwasaki teaches wherein the predetermined amount of power is a minimum amount of generation power required for the fuel cell to continue the power generation of the fuel cell ([0038] via “Idle operation means a state where the power generated by the fuel cell 4 and the power consumption of the compressor 5, etc., are balanced, or a state for maintaining a hot standby state to the extent that the temperatures of the reformer 1 and the evaporator, not shown, which vaporizes the fuel, do not fall too much.”), (Note: See Figures 3 and 6 of Iwasaki as well, wherein the idle operation is the lowest amount of power the fuel cell may generate before being fully stopped.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Iwasaki wherein the predetermined amount of power is a minimum amount of generation power required for the fuel cell to continue the power generation of the fuel cell. Doing so prevents the fuel cell from constantly being changed between on and off states, resulting in a more efficient operation of the fuel cell system, as stated by Iwasaki ([0040] via “The above-mentioned control prevents the fuel cell power system 100 from frequently changing over between idle operation or stop and re-operation, and impairment of system efficiency due to repeat of stop and re-operation is suppressed. When the SOC reaches the upper limit SOC_H overcharge of the battery 7 can be prevented by changing over the operating state of the fuel cell power system 100 to the idle operation state or stop state.”). Examiner’s Note 16. The Examiner has cited particular paragraphs or columns and line numbers in the references applied to the claims above for the convenience of the Applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the Applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. See MPEP 2141.02 [R-07.2015] VI. A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed Invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert, denied, 469 U.S. 851 (1984). See also MPEP §2123. Conclusion 17. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BYRON X KASPER whose telephone number is (571)272-3895. The examiner can normally be reached Monday - Friday 8 am - 5 pm 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, Adam Mott can be reached on (571) 270-5376. 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. /BYRON XAVIER KASPER/Examiner, Art Unit 3657 /ADAM R MOTT/Supervisory Patent Examiner, Art Unit 3657
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Prosecution Timeline

Feb 13, 2024
Application Filed
Sep 11, 2026
Non-Final Rejection mailed — §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
71%
Grant Probability
88%
With Interview (+17.0%)
2y 10m (~3m remaining)
Median Time to Grant
Low
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