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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 includes the limitation “when a charge amount of the fuel battery cell acquired by repeating the stop control mode of the fuel cell stack exceeds a preset reference value.” It is unclear how the “fuel battery cell” is configured to possess or exhibit a charge amount acquired by repeating the stop control mode of the fuel cell stack. Examiner notes that paragraph [0081] of the instant specification states “[t]he battery may be connected to a high-voltage bus terminal in parallel with the fuel cell stack” and that it “may be charged by an output generated by repeating the stop control mode of the fuel cell stack,” with further mentions of “the battery,” charge amount of “the battery,” and a motivation to avoid overcharging “the battery” in paragraphs [0082, 0083, 0090-0092]. This suggests “the battery” may include an element that is separate from the fuel cell stack and is configured to receive and be charged by the output of the fuel cell stack but fails to provide further clarity as to whether “the battery” mentioned in the specification and the “fuel battery cell” recited in claim 11 describe the same or different elements of the invention. For the purposes of examination, the term “fuel battery cell” as used in claim 11 is interpreted to include a battery electrically connected to the fuel cell stack and configured to be charged by an output generated by the fuel cell stack, the capacity of which may be measured by an amount of charge, as this appears to be what was intended by the applicant.
Claim Rejections - 35 USC § 102
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.
Claims 1 and 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 20190190042 A1), hereinafter "Kim-042".
Regarding claim 1, Kim-042 teaches:
A fuel cell ([0038, 0042], Fig. 2; corresponding to a fuel cell system);
A fuel cell stack ([0011], Fig. 2) including a cathode and an anode ([0037], Fig. 2; corresponding to a fuel cell stack including a cathode and an anode);
Outside air may be introduced to an air inlet through an air compressor, may be supplied to a cathode (reference item 50, [0037], Fig. 2; corresponding to an air compressor configured to send air to the cathode of the fuel cell stack);
Air control valve to adjust a flow of air supplied to a cathode of the fuel cell stack (reference item 60, [0063]; corresponding to an air adjustment valve configured to adjust air flowing from the air compressor into the cathode);
Hydrogen introduced through a hydrogen inlet supplied to an anode ([0037], Fig. 2; corresponding to a hydrogen flow line configured to deliver hydrogen to the anode) and hydrogen being discharged toward air discharged from a cathode via a hydrogen purge flow channel ([0039], Fig. 2; corresponding to discharging the hydrogen that has passed through the anode);
A higher controller including a hydrogen purge controller and an air supply controller (reference items 10, 20, and 30, respectively, [0063]), the hydrogen purge controller configured to estimate hydrogen concentration to determine a timing and execute a hydrogen purge and the air supply controller configured to adjust an opening degree of an air control valve or a rotations per minute (RPM) of an air compressor ([0016-0018, 0059, 0061, 0063], Fig. 5; corresponding to a controller configured to control at least one of a rotation speed of the air compressor or an opening ration of the air adjustment valve based on at least one of a voltage of a fuel battery cell or a hydrogen concentration of the anode); and
A hydrogen purge, as initiated by the hydrogen purge controller, may be performed when a fuel cell is turned on and off ([0038, 0042]; corresponding to a stop control mode of the fuel cell stack).
Regarding claims 4 and 5, Kim-042 teaches:
The fuel cell system according to claim 1 (see above);
Determine that a hydrogen purge is required when an estimated hydrogen concentration is reduced to a predetermined hydrogen concentration ([0042]; corresponding to set a limit value of the hydrogen concentration of the anode and discharge when the hydrogen concentration of the anode falls below a set limit value of the hydrogen concentration of the anode);
Purged hydrogen gas is diluted with air discharged from the cathode and is externally discharged ([0039]; corresponding to discharge the hydrogen through a hydrogen flow line to an outside); and
When an air supply rate is low and a hydrogen purge performed, an air supply rate may be adjusted, including by adjusting an opening degree of an air control valve or increasing the rotation speed of an air compressor to cause an air supply rate to correspond to a target air supply rate, the hydrogen purge executed once the air supply rate is equal to or greater than a predetermined air flow ([0048, 0049, 0053, 0054]); corresponding to dilute the discharged hydrogen by adjusting at least one of the rotation speed of the air compressor or an opening degree of the air adjustment valve of claim 4 as well as the discharged hydrogen is diluted by at least one of: increasing the rotation speed of the air compressor to a second speed or by opening the air adjustment valve to a second opening degree of claim 5).
Regarding claim 6, Kim-042 teaches:
The fuel cell system of claim 1 (see above);
Air may be introduced to an air inlet through an air compressor and supplied to a cathode ([0037]; corresponding to an air flow line configured to deliver air to the cathode);
Hydrogen being discharged toward air discharged from a cathode via a hydrogen purge flow channel ([0039], Fig. 2; corresponding to a hydrogen purge line branched from a hydrogen flow line, connected to the air flow line at an outlet of the cathode, and configured to transfer purged hydrogen to the air flow line);
A hydrogen purge valve to perform hydrogen purge (reference item 40, [0063], Fig. 2) through which purged hydrogen gas may be discharged when the hydrogen purge valve is open ([0051]; corresponding to a hydrogen purge valve provided on the hydrogen purge line and configured to adjust the discharged hydrogen);
Execution of a hydrogen purge when the estimated air supply rate is equal to or greater than a predetermined first air flow ([0044]) or is equal to or greater than a predetermined second air flow ([0049]; corresponding to the controller opens the hydrogen purge valve to discharge the hydrogen when at least one of the following is met: i) the rotation speed of the air compressor is a second speed, ii) an opening degree of the air adjustment valve is a second opening degree, or iii) the rotation speed of the air compressor is the second speed and the opening degree of the air adjustment valve is the second opening degree); and
A purge sustainment time may be a time when a hydrogen purge valve is open ([0057]; corresponding to the controller is configured to close the hydrogen purge valve when the discharge is completed).
Claim 12 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US20180175416A1), hereinafter "Kim-416".
Regarding claim 12, Kim-416 teaches:
A method of controlling the driving of a fuel cell system ([0038]; corresponding to a method of controlling a fuel cell system);
An air supply apparatus supplying air to a cathode ([0108]), the air supply apparatus including an air compressor ([0016]) and air cut-off valve (reference item 3, Fig. 4; corresponding to an air compressor and an air adjustment valve configured to supply air to a cathode of a fuel cell stack);
The fuel cell may be maintained in a driving state of an idle mode to interrupt supply of air by stopping driving an air compressor [0093] and the controller closes the air shutoff valve or reduces an opening amount ([0152]; corresponding to a controller configured to control the air compressor and the air adjustment valve);
Hydrogen supplied to an anode of the stack through an ejector and an anode inlet manifold ([0107]) and gas and moisture discharged from the anode outlet enters the cathode outlet manifold during hydrogen purge ([0112]; corresponding to a hydrogen flow line configured to transfer hydrogen to an anode and discharge the hydrogen, which has passed through the anode);
A step wherein the controller confirms entry into the idle stop mode (reference item S12, Fig. 7, [0150]; corresponding to performing, by the controller, a stop control mode of the fuel cell stack);
A step wherein the controller verifies whether the voltage of the stack drops in the idle stop state to be lowered to a second set voltage or lower (reference item S15, Fig. 7, [0151]; corresponding to monitoring, by the controller, a voltage of a fuel battery cell or a hydrogen concentration of the anode);
A step of reducing the opening level of the air cut-off valve (reference item S16, Fig. 7) that occurs sequentially following the comparison of the voltage value to a reference value (reference item S15, Fig. 7) and a state in which the stack voltage may decrease to the system acceptable lower limit or less, the fuel cell may be maintained in a driving state of an idle mode to interrupt supply of air by stopping driving an air compressor ([0093]; corresponding to controlling, by the controller, at least one of the air compressor or the air adjustment valve based on a degree of change in the voltage of the fuel battery cell or the hydrogen concentration of the anode).
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.
Claims 2, 3, and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim-042 as applied to claim 1 above, and further in view of Ben Cherif et al. (Fr 2866475 A1), hereinafter "Ben Cherif," wherein an English machine translation is cited and used herein.
Regarding claim 2, Kim-042 does not teach:
The controller further configured to set a standard deviation limit value of the voltage of the fuel battery cell); and
Lower the standard deviation limit value of the voltage of the fuel battery cell to be equal to or less than a limit value of the voltage of the fuel battery cell by adjusting at least one of the rotation speed of the air compressor or an opening degree of the air adjustment valve, when the standard deviation limit value of the voltage of the fuel battery cell exceeds a set limit value of the voltage of the fuel battery cell;
Regarding claim 3, Kim-042 also does not teach:
wherein the standard deviation limit value of the voltage of the fuel battery cell is lowered to be equal to or less than the set limit value of the voltage of the fuel battery cell by at least one of: i) increasing the rotation speed of the air compressor to a first speed, or ii) opening the air adjustment valve to a first opening degree.
However, Ben Cherif teaches:
the electronic control unit, including calculation means capable of calculating a standard deviation of said electrical voltages measured across the terminals of the fuel cell cells, and comparison means capable of comparing said standard deviation with a predetermined threshold standard deviation (pg. 7, lines 10-14; corresponding to the controller configured to set a standard deviation limit value of the voltage of the fuel battery cell);
a controlled valve (reference item 30) connected to the electronic control unit (reference item 8) allowing the respective overall supply flow rates of the fuel cell to be temporarily increased in order to purge water (pg. 9, lines 18-22; corresponding to lower the standard deviation limit value of the voltage of the fuel battery cell to be equal to or less than a limit value of the voltage of the fuel battery cell by adjusting at least one of the rotation speed of the air compressor or an opening degree of the air adjustment valve); and
the existence of water engorgement in a cell indicated by said standard deviation being greater than or equal to the predetermined threshold, then resulting in the order to purge said water engorgement (pg. 6, lines 1-3, 7, and 8; corresponding to when the standard deviation limit value of the voltage of the fuel battery cell exceeds a set limit value of the voltage of the fuel battery cell).
Water engorgement purging is carried out by increasing the anodic and cathodic gas flow rates at the inlet of each module (pg. 6, lines 20-21) and that the water engorgement purging device in the stack includes a valve controlled by said control means, to regulate the overall supply flow rate to the cathodes and/or anodes (pg. 7, lines 22-31; corresponding to wherein the standard deviation limit value of the voltage of the fuel battery cell is lowered to be equal to or less than the set limit value of the voltage of the fuel battery cell by at least one of: i) increasing the rotation speed of the air compressor to a first speed, or ii) opening the air adjustment valve to a first opening degree.).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to add the programming of Ben Cherif to the controller of Kim-042 to set and monitor a standard deviation value of the voltage of the fuel battery cell and to increase the rotation speed of an air compressor or the opening degree of an air adjustment valve in response to said standard deviation value of the voltage exceeding a set threshold so as to guarantee the operational stability of the system by managing the distribution of fluids between the cells (Ben Cherif, pg. 4, lines 11-14).
Regarding claim 7, Kim-042 teaches:
The fuel cell system of claim 1 (see above); and
The controller further configured to set a limit value of the hydrogen concentration of the anode (see claim 4 above).
Kim-042 does not teach:
set a standard deviation limit value of the voltage of a fuel battery cell;
wherein the controller is further configured to do at least one of: i) increase the rotation speed of the air compressor to a second speed, ii) open the air adjustment valve to a first opening degree, or iii) increase the rotation speed of the air compressor to the second speed and open the air adjustment valve to the first opening degree, when the standard deviation limit value of the voltage of the fuel battery cell exceeds a set limit value of the voltage of the fuel battery cell and when the hydrogen concentration of the anode falls below the set limit value of the hydrogen concentration of the anode.
However, Ben Cherif teaches:
the electronic control unit, including calculation means capable of calculating a standard deviation of said electrical voltages measured across the terminals of the fuel cell cells, and comparison means capable of comparing said standard deviation with a predetermined threshold standard deviation (pg. 7, lines 10-14; corresponding to the controller configured to set a standard deviation limit value of the voltage of the fuel battery cell).
Furthermore, Kim-042 teaches the adjusting of an air supply rate to be equal to or greater than a predetermined rate by adjusting the opening degree of an air control valve or increasing the rotation speed of an air compressor [0048, 0049, 0053, 0054] following the determination that the estimated hydrogen concentration has reduced to a predetermined hydrogen concentration [0042]. Ben Cherif teaches purging of water from cells by increasing the anodic and cathodic gas flow rates (pg. 6, lines 20-21), the gas flow rates regulated by a valve controlled by the controller (pg. 7, lines 22-31).
Examiner notes that neither Kim-042 nor Ben Cherif explicitly teach a controller configured to increase the rotation speed of an air compressor and/or the opening degree of an air adjustment valve when both the standard deviation of the voltage of the fuel battery cell exceeds a limit and the hydrogen concentration of the anode falls below a limit. However, one of ordinary skill in the art would appreciate that a controller that is capable of performing said functions under either condition does not preclude its ability to perform the same functions at times when both conditions are met. Moreover, one of ordinary skill in the art would have found it obvious to create a controller configured to combine the logic of Kim-042 and Ben Cherif in order to monitor the claimed conditions of both fuel battery cell voltage and anode hydrogen concentration and perform the same operations of the air compressor speed or air adjustment valve opening degree at times when both conditions are met simultaneously.
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to add the controller programming of Ben Cherif to the controller of Kim-042 to create a controller that would increase the rotation speed of the air compressor and/or the opening degree of the air adjustment valve when the standard deviation limit value of the voltage of the fuel battery cell exceeds a set limit value and when the hydrogen concentration of the anode falls below a set limit value so as to guarantee the operational stability of the system by managing the distribution of fluids between the cells (Ben Cherif, pg. 4, lines 11-14).
Regarding claim 8, Kim-042 in view of Ben Cherif teaches:
The fuel cell system of claim 7 (see above);
Air may be introduced to an air inlet through an air compressor and supplied to a cathode (Kim-042 [0037]; corresponding to an air flow line configured to deliver air to the cathode);
Hydrogen being discharged toward air discharged from a cathode via a hydrogen purge flow channel (Kim-042 [0039], Fig. 2; corresponding to a hydrogen purge line branched from a hydrogen flow line, connected to the air flow line at an outlet of the cathode, and configured to transfer purged hydrogen to the air flow line);
A hydrogen purge valve to perform hydrogen purge (Kim-042 reference item 40, [0063], Fig. 2) through which purged hydrogen gas may be discharged when the hydrogen purge valve is open (Kim-042 [0051]; corresponding to a hydrogen purge valve provided on the hydrogen purge line and configured to adjust the discharged hydrogen);
A purge sustainment time may be a time when a hydrogen purge valve is open (Kim-042 [0057]; corresponding to the controller is further configured to open the hydrogen purge valve to discharge the hydrogen, and, wherein when the discharge is completed, the controller is configured to close the hydrogen purge valve.).
Regarding claims 9 and 10, Kim-042 in view of Ben Cherif teaches:
The fuel cell system of claim 8 (see above); and
After executing the hydrogen purge, an opening degree of an air control valve or a rotation speed of an air compressor may be adjusted to cause the air supply rate to be restored to an air supply rate requested by a fuel cell stack (Kim-042 [0055]; corresponding to wherein the controller is further configured to maintain an operation of the air compressor for a certain period of time after closing the hydrogen purge valve so as to dilute the discharged hydrogen and wherein, when the hydrogen has been discharged but the standard deviation limit value of the voltage of the fuel battery cell exceeds the set limit value of the voltage of the fuel battery cell, the controller is configured to drive the air compressor until the standard deviation limit value of the voltage of the fuel battery cell becomes equal to or less than the set limit value of the voltage of the fuel battery cell.).
One of ordinary skill in the art would appreciate that “an air supply rate requested by the fuel cell stack” would reasonably include a rate that is non-zero, and that the air supply rate could be maintained by the operation of the air compressor, thus resulting in the continued operation of the air compressor following the closing of the hydrogen purge valve at the termination of the hydrogen purge procedure.
Additionally, Kim-042 recognizes that the air compressor may be operated to reduce the air supply and restrict the voltage of the fuel cell stack to avoid causing damage to the system (Kim-042 [0008]). One of ordinary skill in the art would, thus, appreciate that “an air supply rate requested by the fuel cell stack” would reasonably include a rate that is non-zero, and that the air supply rate could be maintained by the operation of the air compressor until such time as the voltage of the fuel cell stack no longer needs to be restricted.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kim-042 as applied to claim 1 above, and further in view of Maier (US 20130335000 A1).
Regarding claim 11, Kim-042 does not teach:
wherein the controller is configured to stop driving the air compressor and open the air adjustment valve, when a charge amount of the fuel battery cell acquired by repeating the stop control mode of the fuel cell stack exceeds a preset reference value.
However, Maier teaches a controller algorithm for controlling the stand-by mode of the fuel cell system once the system power request falls below a power limit (reference item 52, [0032]) and that this power limit identifies a power level where the fuel cell system should be turned off when further battery charging is not desirable or possible ([0028]; corresponding to when a charge amount of the fuel battery cell acquired by repeating the stop control mode of the fuel cell stack exceeds a preset reference value). The stand-by mode executed by the algorithm includes a dynamic stand-by mode wherein a by-pass valve is opened and an air compressor is operated at an idle speed ([0032]). The operation of the by-pass valve directs air from the compressor away from the stack, thus adjusting the flow of air to the cathode ([0018]; corresponding to the controller is configured to…open the air adjustment valve). Furthermore, if the requested power has not sufficiently increased during the course of the dynamic stand-by mode, the algorithm executes a subsequent static stand-by mode, wherein the air compressor is turned off ([0032]; corresponding to the controller is configured to stop driving the air compressor).
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to add the algorithm of Maier to the controller of Kim-042 to open an air adjustment valve and stop driving an air compressor when the charge amount of the battery exceeds a preset reference value in order to avoid damaging the battery by charging it beyond an upper limit (Maier [0010]).
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim-416 as applied to claim 12 above, and further in view of Ben Cherif and Kim-042.
Regarding claim 13, Kim-416 fails to teach:
wherein monitoring the voltage of the fuel battery cell or the hydrogen concentration of the anode includes: setting, by the controller, a standard deviation limit value of the voltage of the fuel battery cell;
setting, by the controller, a limit value of the hydrogen concentration of the anode; and
monitoring, by the controller, whether the standard deviation limit value of the voltage of the fuel battery cell exceeds a set limit value of the voltage of the fuel battery cell or whether the hydrogen concentration of the anode falls below the set limit value of the hydrogen concentration of the anode.
However, Ben Cherif teaches a comparing step wherein the electronic control unit determines if a calculated standard deviation of the cell voltage exceeds a predetermined threshold value (reference item 54, Fig. 15, and pg.12, lines 12-15; corresponding to setting, by the controller, a standard deviation limit value of the voltage of the fuel battery cell and monitoring, by the controller, whether the standard deviation limit value of the voltage of the fuel battery cell exceeds a set limit value of the voltage of the fuel battery cell).
Additionally, Kim-042 teaches a comparing step wherein it is determined if a hydrogen concentration has been reduced to a predetermined concentration threshold (reference item S100, Fig. 4, and [0042]; corresponding to setting, by the controller, a limit value of the hydrogen concentration of the anode and monitoring, by the controller whether the hydrogen concentration of the anode falls below the set limit value of the hydrogen concentration of the anode).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add the voltage standard deviation comparison step of Ben Cherif to the method of Kim-416 in order to guarantee the operational stability of the system (Ben Cherif, pg. 4, lines 11-14), and to add the hydrogen concentration comparison step of Kim-042 to the method of Kim-416 in order to maintain sufficient concentrations of hydrogen to avoid loss of performance of the fuel cell stack (Kim-042, [0004]).
Regarding claim 14, Kim-416 in view of Ben Cherif and further in view of Kim-042 also teaches a purge step (reference item 56, Fig. 15) subsequent to a step of determining that a standard deviation of cell voltage exceeds a predetermined threshold value (Ben Cherif, reference item 54, Fig. 15), wherein the purge is performed by increasing the anodic and cathodic gas flow rates at the inlet of each module, the gas flow rates regulated by a controlled valve (Ben Cherif, pg. 7, lines 22-31; corresponding to in response to determining that the standard deviation limit value of the voltage of the fuel battery cell exceeds the set limit value of the voltage of the fuel battery cell, increasing a rotation speed of the air compressor to a first speed or opening the air adjustment valve to a first opening degree to lower the standard deviation limit value of the voltage of the fuel battery cell to be equal to or less than the set limit value of the voltage of the fuel battery cell).
Regarding claim 15, Kim-416 in view of Ben Cherif and further in view of Kim-042 also teaches a hydrogen purge step (Kim-042, reference item S100, Fig. 3, [0042]) wherein it is determined that a purge is required when an estimated hydrogen concentration falls to a predetermined threshold and subsequent steps of opening an air control valve and increasing the rotation speed of an air compressor (Kim-042, reference items S420 and S430, Fig. 3, [0048, 0049, 0053, 0054]) in order to dilute purged hydrogen (Kim-042, [0039]).
Conclusion
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/A.J.D./Examiner, Art Unit 1734 /JONATHAN JOHNSON/ Supervisory Patent Examiner, Art Unit 1734
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