Prosecution Insights
Last updated: May 29, 2026
Application No. 18/448,916

EVAPORATIVE COOLING FOR A MOTOR VEHICLE WITH FUEL-CELL DRIVE

Non-Final OA §102§103
Filed
Aug 12, 2023
Priority
Feb 15, 2021 — DE 10 2021 103 449.3 +1 more
Examiner
YUSIF, HUNSUYADOR MUGEESATU
Art Unit
1743
Tech Center
1700 — Chemical & Materials Engineering
Assignee
MAN Truck & Bus SE
OA Round
1 (Non-Final)
100%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allowance Rate
1 granted / 1 resolved
+35.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
16 currently pending
Career history
21
Total Applications
across all art units

Statute-Specific Performance

§103
90.3%
+50.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1 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 . Claim Rejections - 35 USC § 102 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. 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) 1-2, and 6-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bun (JP 2017073289 A, translation used for citation). With regards to claim 1, Bun teaches A fuel cell system for a vehicle, including: a fuel cell (210) (page 2). In Fig. 5, Bun shows an exhaust line (244) for exhausting exhaust gas (reaction gas) from the fuel cell. Bun teaches that moisture is contained in the reaction gas and condensed water is generated from this gas (page 3). This reads on the exhaust gas containing water. On page 3, Bun goes on to teach a water collection device (water recovery device, 240) for collecting liquid water from the exhaust gas (reaction gas). Bun teaches that the water collection device includes a casing (241) that comprises a heat exchanger (condenser, 242) configured to receive a supply of refrigerant that flows through an internal flow path of the condenser (page 3). Bun teaches that the reaction gas is supplied to the casing where it exchanges heat with the refrigerant flowing through the internal flow path (page 3). The gas is cooled by this heat exchange and the moisture contained in the gas is condensed to form condensed water (page 3). In Fig. 5, Bun shows the heat exchanger disposed on the exhaust line. Thus, the casing taught by Bun reads on an exhaust gas cooler wherein the exhaust gas cooler comprises a heat exchanger (242) disposed on the exhaust line and adapted to, by transferring heat from the exhaust gas to a flow of a cooling medium, cool the exhaust gas passed in the exhaust line via the heat exchanger and condense water contained in the exhaust gas. In Fig. 5, Bun shows that the water supplied to the heat exchanger with the exhaust gas, including the water condensed therefrom, is discharged from the heat exchanger via the exhaust line. Bun goes on to teach a water tank (water storage tank, 248) coupled to the water collection device downstream of the heat exchanger and adapted to store collected water (page 3). From this water tank, Bun teaches two water lines (231 and 241) that supply water to ejection devices (233 and 343) (Fig. 5). Ejection device 233 sprays water onto a radiator (222) of a FC cooling device (2200) that cools the fuel cell (page 2). Ejection device 343 cools a condenser (314) of a condenser cooling device (340) that cools the cooling medium which cools the exhaust gas to form the condensate which in turn cools the fuel cell (page 4 and Fig. 5). The cooling devices (220 and 340) read on the cooling device of the claimed invention as they contribute to the cooling of the fuel cell. The radiator (222) and condenser (314) read on the cooler of the cooling device. PNG media_image1.png 748 1169 media_image1.png Greyscale Thus, Bun anticipates a cooling device (220 and 340) for cooling the fuel cell, comprising a cooler (radiator, 222 and condenser, 314); a water ejection device (nozzle, 233 and 343) for ejecting and distributing water on the cooler or in a supply air stream of the cooler, and a water line (water supply path, 231 and 341) for supplying water from the water tank to the water ejection device (page 2 and 4). Fig. 5 is shown below. PNG media_image2.png 748 1169 media_image2.png Greyscale With regards to claim 2, Bun teaches that the cooling device (220) for cooling the fuel cell comprises a cooling circuit (circulation channel and flow path) comprising a cooling medium (refrigerant) (page 2-3). The cooling circuit is read as the path through which the cooling medium flows within the fuel cell system. Bun teaches a refrigeration cycle as part of this cooling circuit (¶ page 4). From this refrigeration cycle, a flow path (244) passes over the heat exchanger (condenser) to supply refrigerant (cooling medium) to the heat exchanger (page 3 and Fig. 5). This reads on the cooling circuit comprising a cooling path that passes over the heat exchanger and that is adapted to provide the flow of the cooling medium over the heat exchanger. Fig. 5 is shown below. With regards to claim 6, Bun teaches that the fuel cell system comprises a control device (290) that controls operations of the fuel cell system linked to an air conditioning control device (390) to grasp the operating state of the air condition device or to execute an operation mode. (page 3). Together, 290 and 390 read on a control means arranged for an operating method of the fuel cell system. Bun teaches that the fuel cell system generates electric power which is also used within the system (page 2). Bun teaches that the control device (290) can control the extraction of electric power generated by the fuel cell and the operation of devices such as pumps (page 3). This control of the extraction of the electric power is use to execute the different operation modes discussed earlier (page 3). This reads on a power schedule. Bun teaches that the operating modes include a water recovery priority mode and an air conditioning priority mode (page 3). As these are different modes, they will have different power requirements controlled by the power extraction via the control device. This reads on the control means working based on a power schedule comprising a sequence of planned operating phases with different power requirements for the fuel cell. On page 5, Bun teaches that the water recovery mode prioritizes the recovery of water by the water recovery device (water collection) while the air conditioning mode prioritizes the operation of the air conditioner. In the water recovery mode, the control device (290) transmits a signal that switches the valve (315) to allow for the cooling medium to flow from the condenser (314) into the water collection device (241) to collect liquid water from the exhaust gas and supply it to the tank (page 6-7 and Fig. 5). On the other hand, When the air conditioning mode is prioritized, the control device (290) transmits a control signal to the air conditioning control device 390 to switch valve (315) to be disposed at the air conditioning position that allows the cooling medium to flow into an evaporator (page 6 and Fig. 5). Bun teaches that the air conditioning control device (390) transmits control signals to various devices based on the control signals received from the control device (290). Bun also teaches that when the pump (342) is driven based on a control signal received from the air conditioning control device (390), water stored in the water storage tank is sucked through the water supply path (341) and sprayed onto the cooler (314). Thus, during the air conditioning mode, the control device (290) transmits a control signal to the air conditioning control device (390) which will in turn transmits control signals to the pump (342) to suck and spray water from the water tank on the cooler (314) via ejection device (343). The water priority recovery and air conditioning priority modes taught by bun read on the at least one operating mode for water collection and at least one operating mode for water ejection wherein in the at least one operating mode for water collection, the water collection device is operated to collect liquid water from the exhaust gas and supply it to the water tank, and wherein, in the at least one operating mode for water ejection, water is supplied from the water tank to the water ejection device and ejected from the water ejection device and distributed on the cooler or in a supply air stream of the cooler. PNG media_image3.png 696 1179 media_image3.png Greyscale Fig. 5 is shown below. With regards to claim 7, as mentioned earlier, the different modes of operation taught by Bun determines the power requirement for the fuel cell via the control of the extraction of power from the fuel cell. On page 6, Bun teaches that the control device (290) transmits a control signal to the air conditioning control device (390) based on the elapse of time (tf) from time (t3), and arranges the valve body of the switching valve (315) at the water recovery position (page 6). This reads on the power schedule determining a power requirement for the fuel cell as a function of a time history. With regards to claim 8, as discussed above the air conditioning priority mode taught by Bun reads on the operating mode for water ejection. Bun teaches that the control valve sends signals to the valve (315) to switch between the different operating modes (page 8). Bun teaches that the switching valve (315) stops the refrigerant (cooling medium) derivation by the derivation flow path (244) by arranging the valve body of the switching valve (315) at the air conditioning position (page 8). In this case, the cooling medium is redirected from the water collection device to the evaporator, and water recovery is not prioritized. This reads on the at least one operating mode for water ejection comprising an operating mode for water ejection in which the water collection device is not actively operated. With regards to claim 9, as discussed earlier, Bun teaches that the control means (290 and 390) controls the extraction of power and operation of devise within the fuel cell system (page 2). Bun teaches that the cooler (radiator (222) and condenser (314)) cools the refrigerant (cooling medium) flowing through the internal flow path by exchanging heat with air taken in from the outside as the fuel cell vehicle travels (page 2 and page 4). As the control means controls the power extraction and controls devices within the system, the cooler will function as a result of the control means’ signal during the different operating modes discussed earlier. As mentioned earlier, the different operating modes have different power requirements which reads on a power schedule. Thus, the control means is adapted to adjust the power schedule during travel of the vehicle based on a current movement of the vehicle. Claim Rejections - 35 USC § 103 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. 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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bun (JP 2017073289 A, translation used for citation) as applied to claim 1 above, and in further view of Kobayashi et al.(US 20130244126 A1). With regards to claim 3, as discussed earlier, Bun teaches that the heat exchanger (242) receives a supply of the cooling medium (refrigerant) from the refrigeration cycle (page 3). However, Bun is silent on the type of cooling medium used. does not teach that the refrigerant may be air from environment of the vehicle. In a similar field of endeavor, Kobayashi teaches a cooling structure of a fuel cell (¶ 0001). Similar to Bun, Kobayashi teaches that a condensation heat exchanger is used to condense fuel cell exhaust gas to generate condensed water (¶ 0081). Kobayashi teaches that outside air is used as the cooling medium to condense this exhaust gas (¶ 0081). Kobayashi goes on to teach that when outside air is used, the fuel cell is able to supply the water in a self-sustainable manner (¶ 0243). Thus, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to utilize outside air as the cooling medium in the fuel cell taught by Bun, as taught by Kobayashi. This will predictably yield a self-sustainable water supply to the fuel cell. Through this modification, the fuel cell taught by Bun in view of Kobayashi will comprise the flow of the cooling medium via the heat exchanger such that the cooling medium is a flow of air from environment of the vehicle. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bun (JP 2017073289 A, translation used for citation) as applied to claim 1 above, and in further view of Koyama et al. (US 20200044264 A1). With regards to claim 4, Bun teaches that a pump pressurizes the water from the water tank and supplies It to the ejection device (page 5). However, Bun does not teach that the water tank is pressurizable by a pressure source, wherein the water line includes a valve via which the water tank is connectable to the water ejection device, wherein the water ejection device is arranged to eject water from the water tank connected by the valve by the pressure applied to the water tank and to distribute it on the cooler or in a supply air flow of the cooler. In a similar field of endeavor, Koyama teaches a fuel cell system that includes an air supply device (¶ 0035). Similar to Bun, Koyama also teaches a water storage tank (water reservoir) for storing water collected a gas-liquid separator (water collection device) (¶ 0047). Koyama also teaches that the water tank is pressurized by a high-pressure air source which pushes the water out of the tank towards a water sprinkler passage (water line) (¶ 0047 - ¶ 0049). Koyama teaches that the water sprinkler passage includes a valve via which the water tank is connectable to a sprinkling device (water ejection device) (¶ 0052). Koyama also teaches that this valve is a pressure control valve configured to close and open when the pressure of the water supplied from the water reservoir is less than or more than a predetermined pressure (¶ 0052). In ¶ 0050, Koyama teaches that the water is sprinkled over the surface of the cooler (radiator). This reads on the water tank being pressurizable by a pressure source, wherein the water line includes a valve via which the water tank is connectable to the water ejection device, wherein the water ejection device is arranged to eject water from the water tank connected by the valve by the pressure applied to the water tank and to distribute it on the cooler or in a supply air flow of the cooler. Koyama discusses that it is well known to in the art to utilize a pump for pumping water to the radiator however, Koyama teaches that this increases the size of the apparatus (¶ 0005). With the methods described above, Koyama attains a size reduction of the fuel cell system. It would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to substitute the pump method for supplying water to the cooler taught by Bun with the method taught by Koyama comprising the pressurized tank and pressure valve as this will result in a smaller fuel cell system. Bun taught a pump method that pressurized the water from the tank to the water ejection device and with this substitution, the same distribution of water is accomplished with a pressurized tank and a pressure valve. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.). Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bun (JP 2017073289 A, translation used for citation) as applied to claim 5 above, and in further view of Landau (US 4037024 A). With regards to claim 5, Bun teaches a pump that supplies the condensate from the water tank to the cooling path (fig. 5). However, Bun does not teach a pump adapted to feed water discharged from the heat exchanger via the exhaust line into the water tank against pressure applied to the water tank. In a similar field of endeavor, Landau teaches a fuel cell product-water management system that comprises an exhaust line (18,20) a condenser, water storage tank and pump (col 1; lines 54-60). Similar to Bun, Landau teaches that steam produced from the electrode stack is carried through the line to a condenser where the water vapor is liquified by cooling and collected in a sump (col 2; lines, 26-30). Landau teaches that the condensate is then transferred into the water storage tank via a pump (col 2; lines 31-34). Landau teaches that the pump may be run electrically or by energy available in the hydrogen as it enters the fuel cell under pressure (col 2; lines 34-36). Landau goes on to teach a vent line (26) that connects the tank to the condenser to equalize the pressure within the tank and the condenser (Col 2; lines 39-41; Fig. 1). This will apply some pressure to the water tank via the vapor generated and regulated by the vent line. Thus, the pump taught by Landau works against the pressure applied to the water tank. Landau discusses that the pump utilizes energy from the system however, this energy usage must be kept to a minimum as fuel cells may have a short energy supply (col 1; lines 39-43). Since the pressure within the tank and the condenser are equalized, the possibility that the pump will have to do extra work is removed (col 1; 55-60) and as discussed earlier, the pump may run on energy available via the pressure from the hydrogen gas (col 2; lines 34-36). On lines 36-37 of col 2 , Landau also teaches that the pump runs continuously which will ensure that all the condensate is transferred into the tank while keeping the energy usage to a minimum. Fig. 1 is shown below. PNG media_image4.png 727 771 media_image4.png Greyscale It would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to modify the fuel cell system taught by Bun to include a vent line connecting the water tank to the condenser and a pump on the exhaust line as taught by Landau. This will predictably ensure effective transfer of the condensate into the water storage tank. Through this modification, the resulting structure of the modified fuel cell system will comprise a pump adapted to feed water discharged from the heat exchanger (condenser) via the exhaust line into the water tank against pressure applied to the water tank. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bun (JP 2017073289 A, translation used for citation) as applied to claim 1 above, and in further view of Igarashi et al. (US 20140080024 A1). With regards to claim 10, Bun teaches that the fuel cell system comprises one or more control means adapted for a water ejection operation mode (air conditioning priority mode) teaches a fan (320) that drives based on a control signal received from the air conditioning control device (page 4). Bun also teaches the cooler (radiator (222) and condenser (341)) cools the refrigerant flowing through the internal flow path by exchanging heat with air taken in from the outside as the fuel cell vehicle 100 travels (page 6). However, Bun does not teach that the cooler includes a fan drive. In a similar field of endeavor, Igarashi teaches a fuel cell system comprising a cooling device for cooling the fuel cell (¶ 0009). Igarashi teaches that the cooling device is formed with a coolant that circulates in the fuel cell and absorbs heat, a radiator for releasing heat from the coolant, and a radiator fan that blows air to the radiator. Igarashi teaches that the fan allows the fuel cell to be appropriately cooled to suit traveling state of the vehicle (¶ 0011). Similar to bun, Igarashi teaches a control device that controls supply of power (¶ 0018). Igarashi also teaches that the control device drives the radiator fan (¶ 0018). It would have been obvious to one of ordinary skill in the art, at the time the invention was effectively field to modify the radiator (cooler) in the fuel cell system taught by Bun to include a radiator fan as taught by Igarashi. This will predictably ensure appropriate cooling of the fuel cell during travel. As it is well known in the art to drive a radiator fan via a control device, it would have been obvious to one of ordinary skill the also modify the control device taught by Bun to supply power to drive the radiator fan as taught by Igarashi. Bun already teaches a fan drive for the evaporator that is driven by the control device. Thus, the modified radiator which includes a radiator fan will also be driven by the control means, similar to the evaporator fan, as there are no unpredictable results. Through these modification the cooler (radiator) taught by Bun in view of Igarashi includes a fan drive and the fuel cell system taught by modified Bun comprises a control means adapted for a water ejection operation mode (air conditioning priority mode), wherein the water ejection device ejects and distributes water on the cooler (radiator and condenser 341), wherein the control mean controls a power of the fan drive of the cooler. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNSUYADOR YUSIF whose telephone number is (571)272-4531. The examiner can normally be reached 7 am - 5 pm (M-R). 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, Galen H Hauth can be reached at (571) 270-5516. 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. /HUNSUYADOR MUGEESATU YUSIF/Examiner, Art Unit 1743 /ADAM J FRANCIS/Primary Examiner, Art Unit 1728
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Prosecution Timeline

Aug 12, 2023
Application Filed
May 11, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
100%
Grant Probability
99%
With Interview (+0.0%)
3y 0m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1 resolved cases by this examiner. Grant probability derived from career allowance rate.

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