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 .
Election/Restrictions
Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/4/2026.
Applicant’s election without traverse of Group I (claims 1-16) in the reply filed on 8/4/2026 is acknowledged.
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.
Claims 1, 3-9 and 11-16 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Pryor (US 2017/0338500).
As to claim 1, Pryor discloses a vehicle (figure 1 #10, [0014], discussed throughout), comprising:
a fuel cell (figure 1 #24, [0014], figure 2, #40, [0016], figure 5 #204, [0020] and discussed throughout); and
a compressor arranged to supply compressed heated air to a coolant circuit of the fuel cell (figure 5 #216, [0021], discussed throughout); and
a processing circuit comprising one or more processors and memory, the memory storing instructions that (figure 7, [0025], controller; [0023] and discussed throughout; the controller goes through the steps within figure 7 thus the steps are in the memory and the controller is also processing the steps, discussed throughout), when executed, cause the processing circuit to:
detect a warm-up condition of the fuel cell (figure 7 #304, [0023]-[0025], the controller is determine if there is a cold start up if so then the fuel cell needs to be warmed up thus warm up conditions); and
activate the compressor to supply compressed heated air to the coolant circuit during the warm-up condition (figures 5 and 7, discussed throughout, the compressor is using warm air to warm up the fuel cell).
As to claim 3, Pryor discloses wherein, the compressor comprises an eTurbo compressor (figure 5 #216, compressor, the term eTurbo compressor is only used by the applicant and is not a well-defined term, the applicant also does not state what an eTurbo compressor is or how it is different from a compressor, thus a compressor will read on eTurbo compressor until further clarification is given).
As to claim 4, Pryor discloses wherein, the compressor is arranged to supply the compressed heated air to the coolant circuit and a stack of the fuel cell (figure 5 the compressor #216 supplies air to an intercooler thus coolant circuit and the fuel cell stack #204, discussed throughout).
As to claim 5, Pryor discloses wherein, the compressor supplies the compressed air to the coolant circuit via an air side of the stack of the fuel cell (figure 2 and figure 5, the air is the oxygen that is going into the fuel cell, discussed throughout).
As to claim 6, Pryor discloses further comprising:
a recirculation line arranged to direct warm air of the compressed heated air back to an inlet of the compressor (figure 5 #202 is the valve for the recirculation line, [0021], figure 7 and discussed throughout).
As to claim 7, Pryor discloses wherein, the instructions further cause the processing circuit to:
detect, via a sensor arranged to measure a temperature of coolant of the coolant circuit, the temperature satisfies a threshold temperature (figure 5 #242, detects temperature; discussed throughout); and
activate the fuel cell to supply power to the vehicle (figure 7 shows that the fuel cell is starting up going through the steps as it is a cold start up, discussed throughout).
As to claim 8, Pryor discloses further comprising a battery electrically coupled to the compressor, to supply power to the compressor during the warm-up condition (figure 1 #32, battery; [0014]).
As to claim 9, Pryor discloses an energy system for a vehicle (figure 1 #10, [0014], discussed throughout), the energy system comprising:
a fuel cell (figure 1 #24, [0014], figure 2, #40, [0016], figure 5 #204, [0020] and discussed throughout); and
a compressor arranged to supply compressed heated air to a coolant circuit of the fuel cell (figure 5 #216, [0021], discussed throughout); and
a processing circuit comprising one or more processors and memory, the memory storing instructions that (figure 7, [0025], controller; [0023] and discussed throughout; the controller goes through the steps within figure 7 thus the steps are in the memory and the controller is also processing the steps, discussed throughout), when executed, cause the processing circuit to:
detect a warm-up condition of the fuel cell (figure 7 #304, [0023]-[0025], the controller is determine if there is a cold start up if so then the fuel cell needs to be warmed up thus warm up conditions); and
activate the compressor to supply compressed heated air to the coolant circuit during the warm-up condition (figures 5 and 7, discussed throughout, the compressor is using warm air to warm up the fuel cell).
As to claim 11, Pryor discloses wherein, the compressor comprises an eTurbo compressor (figure 5 #216, compressor, the term eTurbo compressor is only used by the applicant and is not a well-defined term, the applicant also does not state what an eTurbo compressor is or how it is different from a compressor, thus a compressor will read on eTurbo compressor until further clarification is given).
As to claim 12, Pryor discloses wherein, the compressor is arranged to supply the compressed heated air to the coolant circuit and a stack of the fuel cell (figure 5 the compressor #216 supplies air to an intercooler thus coolant circuit and the fuel cell stack #204, discussed throughout).
As to claim 13, Pryor discloses wherein, the compressor supplies the compressed air to the coolant circuit through an air side of the stack of the fuel cell (figure 2 and figure 5, the air is the oxygen that is going into the fuel cell, discussed throughout).
As to claim 14, Pryor discloses further comprising:
a recirculation line arranged to direct warm air of the compressed heated air back to an inlet of the compressor (figure 5 #202 is the valve for the recirculation line, [0021], figure 7 and discussed throughout).
As to claim 15, Pryor discloses wherein, the instructions further cause the processing circuit to:
detect, via a sensor arranged to measure a temperature of coolant of the coolant circuit, the temperature satisfies a threshold temperature (figure 5 #242, detects temperature; discussed throughout); and
activate the fuel cell to supply power to the vehicle (figure 7 shows that the fuel cell is starting up going through the steps as it is a cold start up, discussed throughout).
As to claim 16, Pryor discloses further comprising a battery electrically coupled to the compressor, to supply power to the compressor during the warm-up condition (figure 1 #32, battery; [0014]).
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Pryor as applied to claims 1 and 9 above, and further in view of Lawes (US 2025/0316730).
As to claims 2 and 10, Pryor discloses wherein, the fuel cell comprises a proton-exchange membrane (PEM) fuel cell ([0014]) However, Pryor is silent to wherein the PEM is high temperature PEM. Lawes discloses a fuel cell system (abstract) wherein the PEM is a high temperature PEM ([0013]). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to have the PEM from Pryor be a high temperature PEM given a finite number of options i.e. high temperature, low temperature or average temperature PEM (see MPEP 2143 I) or as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143 I).
Claims 3 and 11 are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Pryor as applied to claims 1 and 9 above, and further in view of Namba (US 2021/0257637).
As to claims 3 and 11, Pryor does not disclose the term, eTurbo compressor. However, Namba discloses a fuel cell system (abstract) wherein the compressor is a turbo compressor ([0025]). It would have been obvious to one of ordainry skill within the art at the time of the effective filling date of the invention to use the compressor from Namba within Pryor as a mere combining prior art elements according to known methods to obtain predictable results (see MPEP 2143 I).
Claims 8 and 16 are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Pryor as applied to claims 1 and 9 above.
As to claims 8 and 16, should it be considered that Pryor is silent to further comprising a battery electrically coupled to the compressor, to supply power to the compressor during the warm-up condition. As Pryor states, the battery may supply power to electrical machines and does not specifically state compressor. It would have been obvious to one of ordains skill within the art at the time of the effective filling date of the invention to have the battery supply power to the compressor as the battery is a readily available power source and the compressor would require a power source, and the compressor is an electric machine.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN R OHARA/Examiner, Art Unit 1724
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