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 .
Response to Arguments
Applicant clarifies that “an auxiliary machine” has a corresponding structure as described in the instant specifications as a power storage device, a hydrogen circulation pump, an air compressor, or a water pump. Therefore, the 112(b) rejection of record has been withdrawn.
Applicant's arguments filed 08/28/2026 have been fully considered but they are not persuasive.
Applicant argues that Byun does not provide wherein the control unit includes a state detection unit that detects a phenomenon caused by an oxygen concentration being lower than a predetermined concentration, the phenomenon being a reduction in a voltage of the fuel cell stack. However, Byun does disclose wherein the control unit includes a state detection unit detects a phenomenon caused by an oxygen concentration being lower than a predetermined concentration, the phenomenon being a reduction in a voltage of the fuel cell stack, and wherein, in a case where the state detection unit detects the phenomenon, the control unit performs processing to increase a flow rate of air supplied to the fuel cell stack (see e.g., Byun; [0047]-[0048], regarding when the air pollution sensor 32 detects a concentration of oxygen of air that is supplied to the fuel cell stack 10, the controller 50 may compare the detected concentration of oxygen with a predetermined concentration (S 110) and determine whether the concentration of oxygen is reduced and if the detected concentration of oxygen is less than a predetermined concentration, the controller 50 may increase the stoichiometry ratio SR of air that is supplied to the fuel cell stack 10 (S 120), and [0018]-[0021], [0049]-[0050], [0052]-[0053], regarding when a fuel cell voltage is less than a reference voltage, the controller increases the oxygen output). That is, Byun discloses that both an oxygen concentration and a lower voltage is detected, which corresponds with the claimed phenomenon caused by an oxygen concentration being lower than a predetermined concentration, the phenomenon being a reduction in a voltage of the fuel cell stack, and then controlling to raise the concentration of oxygen.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Byun (US-20150333348-A1), and in further view of Kim (US-20190312291-A1).
Regarding claim 1, Byun discloses a fuel cell system, comprising: a fuel cell stack (see e.g., Byun; fig. 1, [0034], regarding fuel cell stack 10); an air supply that supplies air to the fuel cell stack (see e.g., Byun; fig. 1, [0034], regarding fuel supply 30); and a control unit (see e.g., Byun; fig. 1, [0034], regarding controller 50), wherein the control unit includes a state detection unit detects a phenomenon caused by an oxygen concentration being lower than a predetermined concentration, the phenomenon being a reduction in a voltage of the fuel cell stack, and wherein, in a case where the state detection unit detects the phenomenon, the control unit performs processing to increase a flow rate of air supplied to the fuel cell stack (see e.g., Byun; [0047]-[0048], regarding when the air pollution sensor 32 detects a concentration of oxygen of air that is supplied to the fuel cell stack 10, the controller 50 may compare the detected concentration of oxygen with a predetermined concentration (S 110) and determine whether the concentration of oxygen is reduced and if the detected concentration of oxygen is less than a predetermined concentration, the controller 50 may increase the stoichiometry ratio SR of air that is supplied to the fuel cell stack 10 (S 120), and [0018]-[0021], [0049]-[0050], [0052]-[0053], regarding when a fuel cell voltage is less than a reference voltage, the controller increases the oxygen output). That is, Byun discloses that both an oxygen concentration and a lower voltage is detected, which corresponds with the claimed phenomenon caused by an oxygen concentration being lower than a predetermined concentration, the phenomenon being a reduction in a voltage of the fuel cell stack, and then controlling to raise the concentration of oxygen.
Byun provides that the air supply 30 may include an air blower and a humidifier (see e.g., Byun; [0035]). Byun does not explicitly disclose wherein the air supply is an air compressor. However, Kim discloses that an air supply to a fuel stack may be an air compressor (see e.g., Kim; [0014]-[0015], [0029], [0034]-[0035]). Kim is further combinable with Byun because Kim discloses that the compressor is a blower and also has a humidifier (see e.g., Kim; [0029]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have had the air supply disclosed by Byun be an air compressor to supply air to the fuel stack as disclosed by Kim in order to manage the water generated by the fuel cell and effectively prevent the insulation resistance from being reduced by adjusting the revolutions per minute (RPM) of the compressor for supplying air (see e.g., Kim; [0009], [0015]).
Claim(s) 2-3, 6, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Byun (US-20150333348-A1) and Kim (US-20190312291-A1), and in further view of Ogawara (JP-2012028165-A) (see translation).
Regarding claim 2, modified Byun teaches the fuel cell system according to claim 1. In claim 2, “an auxiliary machine for causing the fuel cell stack to generate power” is defined as a power storage device, a hydrogen circulation pump, an air compressor, or a water pump. In this case, Byun discloses the fuel cell system comprising: an auxiliary machine for causing the fuel cell stack to generate power (see e.g., Byun; [0041], regarding coolant pump in heat and water management unit 40).
Byun also discloses the comparing a voltage according to an applied current of the fuel cell stack and a reference voltage to control oxygen levels (see e.g., Byun; [0049]-[0050]). Byun does not explicitly disclose a ventilation unit, wherein the state detection unit comprises a voltage detection unit, wherein the control unit controls the operation of the ventilation unit according to a temperature of the fuel cell stack or the auxiliary machine in a normal mode, and drives the ventilation unit in a ventilation mode, and wherein the control unit causes a transition from the normal mode to the ventilation mode when a voltage pertaining to the fuel cell stack becomes equal to or less than a first threshold value.
However, Ogawara discloses a ventilation unit (see e.g., Ogawara; [0031], [0038], fig. 2, regarding ventilation fan 98), wherein the state detection unit comprises a voltage detection unit (see e.g., Ogawara; [0033], [0065], fig. 4, regarding voltage sensor 1sk sending inputs to control unit 100), wherein the control unit controls the operation of the ventilation unit according to a temperature of the fuel cell stack or the auxiliary machine in a normal mode, and drives the ventilation unit in a ventilation mode, and wherein the control unit causes a transition from the normal mode to the ventilation mode when a voltage pertaining to the fuel cell stack becomes equal to or less than a first threshold value (see e.g., Ogawara; [0037]-[0038], [0065]-[0066], regarding the embodiment wherein voltage sensor 1sk detects the generated voltage in the stack, sends signal to the control unit 100, and based off of the voltage sensor data corresponding to temperature, the ventilation fan 98 is increased; the normal mode corresponds to when the ventilation fan 98 is not increased, and the ventilation mode corresponds to when ventilation fan 98 is increased based off the voltage sensor; the temperature that the voltage sensor measures is the accommodation chamber 91 which is affected by the temperature of the fuel cell stack; for a temperature sensor a lower voltage means higher temperature and a higher voltage means lower temperature, so the sensor 1sk which detects that T1 is too high corresponds to the a voltage equal or less than the first threshold value). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a ventilation unit, a voltage detection temperature sensor, and wherein the control unit controls the operation of the ventilation unit according to a temperature of the fuel cell stack or the auxiliary machine in a normal mode, and drives the ventilation unit in a ventilation mode, and wherein the control unit causes a transition from the normal mode to the ventilation mode when a voltage pertaining to the fuel cell stack becomes equal to or less than a first threshold value as disclosed by Ogawara. One of ordinary skill in the art would have been motivated to make this modification in order to allow fresh outside air to be drawn in, control the temperature of the fuel cell stack, such as controlling the temperature if there were high temperatures due to a gas leak (see e.g., Ogawara; [0007]-[0008], [0039]).
Regarding claim 3, modified Byun teaches the fuel cell system according to claim 2. Byun does not explicitly disclose wherein the control unit drives the ventilation unit until a predetermined driving time elapses after causing the transition from the normal mode to the ventilation mode, and subsequently, when the voltage pertaining to the fuel cell stack becomes equal to or greater than a second threshold value larger than the first threshold value, causes a transition from the ventilation mode to the normal mode. However, Ogawara further provides wherein the control unit drives the ventilation unit until a predetermined driving time elapses after causing the transition from the normal mode to the ventilation mode, and subsequently, when the voltage pertaining to the fuel cell stack becomes equal to or greater than a second threshold value larger than the first threshold value, causes a transition from the ventilation mode to the normal mode (see e.g., Ogawara; [0039], wherein when temperature T1 of the containment chamber 91 is relatively low, the control unit 100 reduces the duty cycle of the ventilation fan 98, so the predetermined driving time elapsed corresponds to the time before T1 reaches a relatively low value and the controller causes a transition back from an increased duty cycle corresponding to the ventilation mode to a reduced duty cycle corresponding to a normal mode; the relatively low temperature T1 corresponds to the voltage reading of a second threshold value larger than the first threshold value). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the fuel cell system of Byun to provide that the control unit drives the ventilation unit until a predetermined driving time elapses after causing the transition from the normal mode to the ventilation mode, and subsequently, when the voltage pertaining to the fuel cell stack becomes equal to or greater than a second threshold value larger than the first threshold value, causes a transition from the ventilation mode to the normal mode as disclosed by Ogawara. One of ordinary skill in the art would have been motivated to make this modification in order to allow fresh outside air to be drawn in, control the temperature of the fuel cell stack, such as controlling the temperature if there were high temperatures due to a gas leak (see e.g., Ogawara; [0007]-[0008], [0039]).
Regarding claim 6, modified Byun teaches the fuel cell system according to claim 1, wherein the state detection unit comprises an oxygen concentration detection unit (see e.g., [0037]-[0038], regarding oxygen sensor 32 detecting concentration of oxygen), wherein the control unit controls operations of the air compressor (see e.g., Byun; [0034], [0038], [0043]), and wherein the control unit increases a flow rate of air supplied to the fuel cell system by controlling the operation of the air compressor (see e.g., Byun; [0043], [0046]-[0048], see also above regarding claim 1), in a case where oxygen stoichiometry, which is a value obtained by multiplying the air stoichiometry of the fuel cell stack by a value obtained by dividing the oxygen concentration detected by the oxygen concentration detection unit by a standard oxygen concentration, is less than a target oxygen stoichiometry (see e.g., Byun; [0015], [0018],[ 0020], [0043], [0048], regarding adjusting based on oxygen stoichiometry).
Byun does not explicitly disclose wherein the control unit controls operations of a ventilation unit. However, Ogawara discloses a ventilation unit (see e.g., Ogawara; [0031], [0038], fig. 2, regarding ventilation fan 98) which is operated by a controller (see e.g., Ogawara; [0037]-[0038], [0065]-[0066]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a ventilation unit controlled by a controller as disclosed by Ogawara in order to allow fresh outside air to be drawn in, control the temperature of the fuel cell stack, such as controlling the temperature if there were high temperatures due to a gas leak (see e.g., Ogawara; [0007]-[0008], [0039]).
Regarding claim 9, modified Byun teaches the fuel cell system according to claim 6. Byun discloses the fuel cell system comprising: a notification unit, wherein the control unit causes the notification unit to issue a notification to outside the fuel cell system to the effect that the oxygen concentration of the air outside the fuel cell system has decreased in a case where the oxygen concentration detected by the oxygen concentration detection unit is lower than a predetermined concentration after executing the processing to ventilate the interior of the fuel cell system (see e.g., Byun; [0019], [0021], [0053], regarding warning S160 displayed to the driver corresponding to a notification issued by notification unit, the warning sent when the oxygen concentration is measured, the voltage is low which indicates a high temperature which is issued after executing ventilation processing as shown in fig. 2).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Byun (US-20150333348-A1), Kim (US-20190312291-A1), and Ogawara (JP-2012028165-A) (see translation), and in further view of Suzuki (US-20140356746-A1).
Regarding claim 4, modified Byun teaches the fuel cell system according to claim 2.
Byun does not explicitly disclose wherein the voltage detection unit detects respective voltages of the plurality of fuel cells, and wherein the control unit sets an average value of the voltages detected by the voltage detection unit as a voltage pertaining to the fuel cell stack. However, Suzuki discloses a voltage sensor for detecting a plurality of fuel cells in a fuel cell stack, and extracting an average value of the voltages (see e.g., Suzuki; [0020], [0030]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have had the voltage sensor of modified Byun to have the voltage detection unit detect a plurality of fuel cell voltages and extract an average as disclosed by Suzuki in order to provide a fuel cell system which prevents cell voltages from exceeding the maximum allowable voltage while keeping the cell voltages uniform during intermittent operation (see e.g., Suzuki; [0008]).
Claim(s) 5 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Byun (US-20150333348-A1), Kim (US-20190312291-A1), and Ogawara (JP-2012028165-A) (see translation), and in further view of Tomimoto (US-20180131019-A1).
Regarding claim 5, modified Byun teaches the fuel cell system according to claim 2. The modification above regarding claim 2, provides a ventilation unit in the fuel cell system. Byun discloses an exhaust port through which air is discharged from the fuel cell stack is disposed on a leeward side of an air flow formed by the ventilation unit with respect to an intake port of the fuel cell stack (see e.g., Byun; fig. 1, [0034], [0039]-[0040], regarding air outlet 34, the air outlet being in a leeward side of an air flow formed by the modification with the ventilation unit with respect to an intake port from air supply unit 30 because the air outlet 34 is the only provided outlet; the air flow must flow to exit through air outlet 34 relative to the modified ventilation unit and the intake port so it is on the leeward side).
Byun does not explicitly disclose wherein the ventilation unit is a fan that increases a heat radiation amount of a radiator that exchanges heat of a refrigerant, which is warmed by heat generation of the fuel cell stack, with air. However, Tomimoto discloses wherein the ventilation unit is a fan that increases a heat radiation amount of a radiator that exchanges heat of a refrigerant, which is warmed by heat generation of the fuel cell stack, with air (see e.g., Tomimoto; [0027], [0045], regarding radiator with coolant circulation route which heats up due to the fuel cell stack and radiator fan for dispersing heat of the radiator). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a fan that increases a heat radiation amount of a radiator that exchanges heat of a refrigerant, which is warmed by heat generation of the fuel cell stack, with air as disclosed by Tomimoto in order to prevent the fuel stack from overheating (see e.g., Tomimoto; [0027]).
Regarding claim 8, modified Byun teaches the fuel cell system according to claim 6. Byun does not explicitly disclose wherein the ventilation unit is a fan that increases a heat radiation amount of a radiator that exchanges heat of a refrigerant, which is warmed by heat generation of the fuel cell stack, with air. However, Tomimoto discloses wherein the ventilation unit is a fan that increases a heat radiation amount of a radiator that exchanges heat of a refrigerant, which is warmed by heat generation of the fuel cell stack, with air (see e.g., Tomimoto; [0027], [0045], regarding radiator with coolant circulation route which heats up due to the fuel cell stack and radiator fan for dispersing heat of the radiator). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a fan that increases a heat radiation amount of a radiator that exchanges heat of a refrigerant, which is warmed by heat generation of the fuel cell stack, with air as disclosed by Tomimoto in order to prevent the fuel stack from overheating (see e.g., Tomimoto; [0027]).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Byun (US-20150333348-A1), Kim (US-20190312291-A1), and Ogawara (JP-2012028165-A) (see translation), and in further view of Chikugo (US-20190088962-A1).
Regarding claim 7, modified Byun teaches the fuel cell system according to claim 6, wherein the control unit executes the processing to increase the flow rate of the air in a case where the oxygen stoichiometry is less than the target oxygen stoichiometry (see e.g., Byun; [0015], [0018],[ 0020], [0043], [0048], regarding adjusting based on oxygen stoichiometry to increase flow rate and increase stoichiometry ratio SR of air),
Byun does not explicitly disclose increasing flow rate in a case where the flow rate of the air supplied to the fuel cell stack, which is necessary to increase the oxygen stoichiometry to the target oxygen stoichiometry, is equal to or less than an upper limit value of an allowable range for the flow rate of the air supplied to the fuel cell stack. However, Chikugo discloses an oxygen flow rate to a fuel cell wherein the flow rate is equal to or less than an upper limit value of an allowable range for the flow rate of the air supplied to the fuel stack (see e.g., Chikugo; [0179]; regarding compressor flow rate preventing supply of excess air to fuel cell stack by limiting the compressor flow rate such that a flow rate is equal to or less than an upper limit value of flow rate that can pass through the bypass valve). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided an upper flow rate limit as disclosed by Chikugo in order to prevent an excess supply of air (see e.g., Chikugo; [0179]).
Conclusion
THIS ACTION IS MADE FINAL. 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 KEVIN SONG whose telephone number is (571)270-7337. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm EST.
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/KEVIN SONG/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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