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 .
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.
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 10 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.
Regarding claim 10, the limitation of “The method according to claim 1” in combination with “wherein the step of injecting, into the injection line, the recovered recycled air so as to mix the recycled air with ambient air, is carried out only when a voltage supplied by the fuel cell reaches or rises above a maximum authorized voltage limit” is indefinite as it is not consistent with the specification and the remaining limitations of the claims. Note that claim 1 is directed to a first embodiment where the ratio of recycled air to ambient air is increased or reduced when a power or current setting reduces, and is not based on voltage, as required by claim 10. Claim 10 appears to be directed to the embodiment of independent claim 6, where the increasing or reducing of the ratio is dependent on the voltage supplied by the fuel cell. For examination purposes, claim 10 will be treated as being dependent from claim 6.
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.
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 and 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonville, Jr. et al (US 6,015,634) in view of Kazuno et al (US 2013/0288148).
Regarding claim 1, Bonville, Jr. et al teaches a method for managing humidification of air in an air supply of a fuel cell (abstract, moistened exhaust air diverted and combined with fresh air to maintain water balance), an air supply circuit of the fuel cell including an injection line (fig 1, process air supply line 32), an intermediate line passing through a cathode (fig 1, cathode 18, note the air flowing through the cathode, suggesting an intermediate line), and an evacuation line (fig 1, air exhaust line 34), the air flowing in a predefined direction in the air supply circuit (fig 1), passing successively through the injection line, the intermediate line and the evacuation line (fig 1, see arrows, air supply line 32, cathode 16, air exhaust 34), the method including steps for:
recovering the air, referred to as “recycled air”, from the fuel cell, in the evacuation line (fig 1, col 3 lines 45-65, airflow splitter or means for diverting a predetermined percentage or fraction of a volume of exhaust process air back to the air input port 28),
injecting into the injection line the recovered recycled air so as to mix the recycled air with ambient air (fig 1, col 3 lines 45-65, a mix point 46 receives from the air recycle line 52 and fresh ambient air from blower 33),
increasing a ratio of recycled air relative to ambient air in the injection line when a power or current setting of the fuel cell reduces and if, additionally, said power or current setting is lower than a predefined threshold, reducing the ratio of recycled air relative to ambient air in the injection line when the power or current setting increases and if additionally said power or current setting remains lower than the predefined threshold (col 6 lines 18-40, determining the recycle-to-air vent ratio associated with the highest percentage of rated output power the fuel cell can generate while maintaining water balance, col 4 lines 5-18, adjusting the fraction of exhaust process air as a function of ambient temperature and percentage of rated power output).
Bonville, Jr. et al teaches that the fuel cell system with process air recycle is feasible for powering, for example, automobiles (col 7 lines 55-65), but is quiet to the method being used for an aircraft.
Kazuno et al teaches a fuel cell system (abstract) comprising a cathode system (43) that includes a circulation valve (66) (fig 3, paragraph [0055]) where part of the exhaust gas (cathode off-gas) is supplied to the piping 60a via the circulation valve 66 and piping 66n, merging with fresh air from outside the vehicle (fig 3, paragraph [0060]). Kazuno et al teaches that the fuel cell system, although described to be installed in a vehicle, may also be used with traveling objects such as ships, airplanes, and the like (paragraph [0226]).
It would have been obvious to one of ordinary skill in the art to modify Bonville, Jr. et al such that the fuel cell system is used with an airplane, as Bonville, Jr. et al is not specific to the type of vehicle and that Kazuno et al teaches airplanes as an alternative system in which the fuel cell system can be used. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. at 416, 82 USPQ2d at 1395. MPEP 2143(I)(A).
Regarding claims 4-5, Bonville, Jr. et al teaches wherein the step of injecting, into the injection line, the recovered recycled air so as to mix the recycled air with ambient air, is carried out only when the power or current setting is lower than a predefined threshold (see rejection of claim 1, determining the recycle-to-air vent ratio associated with the highest rated output power and adjusting as a function of the percentage of output power), but is quiet to wherein the injection line includes a humidifier configured to allow an exchange of water between the air flowing in the evacuation line and the air flowing in the injection line (claims 4-5), and wherein the step of recovering the recycled air in the evacuation line is carried out downstream of the humidifier on the evacuation line (claim 5).
Kazuno et al teaches a fuel cell system (abstract) comprising a cathode system (43) that includes a circulation valve (66) (fig 3, paragraph [0055]) where part of the exhaust gas (cathode off-gas) is supplied to the piping 60a via the circulation valve 66 and piping 66n, merging with fresh air from outside the vehicle (fig 3, paragraph [0060]). Kazuno et al teaches the cathode system includes a humidifier 62 (fig 3, paragraph [0055]) that performs moisture exchange between the air heading toward the cathode channel and the humid cathode off-gas exhausted from the cathode channel, thereby humidifying the air heading toward the cathode channel (paragraph [0057]). The recirculation is shown downstream of the humidifier (fig 3, see circulation valve and pipeline 66 and 66a).
It would have been obvious to one of ordinary skill in the art to modify the combination to further include a humidifier, as the use of a humidifier is known in Kazuno et al for humidifying the air heading toward the cathode channel. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. at 416, 82 USPQ2d at 1395. MPEP 2143(I)(A).
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonville, Jr. et al as modified by Kazuno et al as applied to claim 1 above, and further in view of Knoop (DE 102010035727 A1, cited in IDS filed 12/04/23).
Regarding claims 2-3, the combination is quiet to wherein injecting the recycled air into the injection line is done at an inlet of a compressor located on the injection line (claim 2), wherein injecting the recycled air into the injection line is done between two stages of a two-stage compressor, said compressor being located on the injection line (claim 3).
Knoop teaches that the compressors for compressing the air are connected in series to one another and that a recirculation device is provided, by means of which exhaust gas from the fuel cell is arranged in the flow direction of the air to be compressed downstream of the first compressor and upstream of the second compressor (paragraph [0007]). In figure 2, the recirculation device (70) is injected into air supply line (46) at introduction point (74), between a first compressor (12) and second compressor (18). Knoop teaches that the two-stage compression of air makes it possible for the first compressor to carry out the main compression work while the second compressor stage is for integrating the exhaust gas of the fuel cell (paragraph [0007]). The recirculated exhaust gas does not go through the entire compression process, which results in a very good efficiency of the charging device, resulting in a very efficient operation of the fuel cell (paragraph [0008]).
It would have been obvious to one of ordinary skill in the art to modify the combination such that the recirculated exhaust gas from the fuel cell is introduced between two stages of a two-stage compressor, as Knoop teaches that doing so enables the first compressor to carry out the main compression work (paragraph [0007]) and that the recirculated exhaust gas does not go through the entire compression process, resulting in a very efficient operation of the fuel cell (paragraph [0008]).
Claim(s) 6, 9-11, and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Joos et al (US 2020/0287225 A) in view of Kazuno et al (US 2013/0288148).
Regarding claim 6, Joos et al teaches a method for managing humidification of air in an air supply of a fuel cell (abstract, recirculation of air exhaust to air inlet), an air supply circuit of the fuel cell including an injection line (fig 1, blower inlet line 18), an intermediate line passing through a cathode (fig 1, note the flow of air from the air inlet 18, fuel cell stack 12, and air outlet 20, note that an intermediate line through the fuel cell stack is implied, and that a cathode is an inherent feature of a fuel cell, see known structure shown in fig 3 of Kazuno (discussed below) for further clarification), and an evacuation line (fig 1, air outlet line 20), the air flowing in a predefined direction in the air supply circuit (fig 1), passing successively through the injection line, the intermediate line and the evacuation line (fig 1, note direction of air from air inlet line 18 through fuel cell stack 12 and air outlet line 20), the method including steps of:
recovering the air, referred to as “recycled air”, from the fuel cell, in the evacuation line (fig 1, paragraph [0010], see recirculation line 22),
injecting into the injection line the recovered recycled air so as to mix the recycled air with ambient air (fig 1, abstract, recirculation of air exhaust to air inlet),
increasing a ratio of recycled air relative to ambient air in the injection line when a voltage supplied by the fuel cell reaches or rises above a maximum authorized voltage limit, and reducing the ratio of recycled air relative to ambient air in the injection line when the voltage supplied by the fuel cell falls below a maximum authorized voltage limit (abstract, varying the rate of recirculation of air exhaust to air inlet so as to provide a desired change in fuel cell voltage, paragraph [0013], modulating valves to give a voltage desired under different operating conditions, voltage sensor to allow feedback in response to a variance between desired and actual voltage).
Joos et al is quiet to the method being used for a fuel cell of an aircraft.
Kazuno et al teaches a fuel cell system (abstract) comprising a cathode system (43) that includes a circulation valve (66) (fig 3, paragraph [0055]) where part of the exhaust gas (cathode off-gas) is supplied to the piping 60a via the circulation valve 66 and piping 66n, merging with fresh air from outside the vehicle (fig 3, paragraph [0060]). Kazuno et al shows a cathode channel (74) through the fuel cell stack (40) that is connected to the inlet piping (60b) and the outlet piping (64a) (figure 3). Kazuno et al teaches that the fuel cell system, although described to be installed in a vehicle, may also be used with traveling objects such as ships, airplanes, and the like (paragraph [0226]).
It would have been obvious to one of ordinary skill in the art to modify Joos et al such that the fuel cell system is used with an airplane, as Joos et al is not specific to the application of the fuel cell system and that Kazuno et al teaches airplanes as one of many alternative systems in which the fuel cell system can be used, such as for use in vehicles, ships, robot arms, cranes, home electric power systems, etc (paragraph [0226]). All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. at 416, 82 USPQ2d at 1395. MPEP 2143(I)(A).
Regarding claim 9-10, the combination teaches wherein the step of injecting, into the injection line, the recovered recycled air so as to mix the recycled air with ambient air, is carried out only when a voltage supplied by the fuel cell reaches or rises above the maximum authorized voltage limit (see rejection of claim 6, paragraph [0013], feedback loop to allow valves to be trimmed in response to a variance between desired and actual voltage, if the fuel cell stack is in danger of overheating, controller can modulate the valves to reduce the fuel cell stack voltage), but is quiet to wherein the injection line includes a humidifier configured to allow an exchange of water between the air flowing in the evacuation line and the air flowing in the injection line (claim 9 and 10), and wherein the step of recovering the recycled air in the evacuation line is carried out downstream of the humidifier on the evacuation line (claim 10).
Kazuno et al teaches a fuel cell system (abstract) comprising a cathode system (43) that includes a circulation valve (66) (fig 3, paragraph [0055]) where part of the exhaust gas (cathode off-gas) is supplied to the piping 60a via the circulation valve 66 and piping 66n, merging with fresh air from outside the vehicle (fig 3, paragraph [0060]). Kazuno et al teaches the cathode system includes a humidifier 62 (fig 3, paragraph [0055]) that performs moisture exchange between the air heading toward the cathode channel and the humid cathode off-gas exhausted from the cathode channel, thereby humidifying the air heading toward the cathode channel (paragraph [0057]). The recirculation is shown downstream of the humidifier (fig 3, see circulation valve and pipeline 66 and 66a).
It would have been obvious to one of ordinary skill in the art to modify the combination to further include a humidifier, as the use of a humidifier is known in Kazuno et al for humidifying the air heading toward the cathode channel. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. at 416, 82 USPQ2d at 1395. MPEP 2143(I)(A).
Regarding claim 11, Joos et al teaches an air supply circuit of a fuel cell, the supply circuit being configured to humidify the air supplying the fuel cell (abstract, recirculation of air exhaust to air inlet), the air supply circuit including:
an injection line (fig 1, blower inlet line 18),
an intermediate line passing through a cathode of the fuel cell (fig 1, note the flow of air from the air inlet 18, fuel cell stack 12, and air outlet 20, note that an intermediate line through the fuel cell stack is implied, and that a cathode is an inherent feature of a fuel cell, see known structure shown in fig 3 of Kazuno (discussed below) for further clarification), and an evacuation line (fig 1, air outlet line 18),
the air flowing in a predefined direction in the supply circuit, passing successively through the injection line, the intermediate line and the evacuation line (fig 1, note direction of air from air inlet line 18 through fuel cell stack 12 and air outlet line 20),
the air supply circuit additionally including a line, referred to as “recirculation line” (fig 1, recirculation line 22) including:
a first end connected to the evacuation line so as to recover the recycled air, coming from the fuel cell (fig 1, note first end of recirculation line 22 is connected to air outlet line 20), and
a second end connected to the injection line, so as to inject, into the injection line, the recovered recycled air and mix the recycled air with ambient air (fig 1, note second end of recirculation line 22 is connected to air inlet line 18, abstract, recirculation of air exhaust to air inlet),
the air supply circuit being configured to increase a ratio of recycled air relative to ambient air in the injection line when a voltage supplied by the fuel cell reaches or rises above a maximum authorized voltage limit, and wherein the supply circuit is configured to reduce a ratio of recycled air relative to ambient air in the injection line when the voltage supplied by the fuel cell falls below the maximum authorized voltage limit (abstract, varying the rate of recirculation of air exhaust to air inlet so as to provide a desired change in fuel cell voltage, paragraph [0013], controller 30, modulating valves to give a voltage desired under different operating conditions, voltage sensor to allow feedback in response to a variance between desired and actual voltage).
Joos et al is quiet to the circuit being of fuel cell for an aircraft.
Kazuno et al teaches a fuel cell system (abstract) comprising a cathode system (43) that includes a circulation valve (66) (fig 3, paragraph [0055]) where part of the exhaust gas (cathode off-gas) is supplied to the piping 60a via the circulation valve 66 and piping 66n, merging with fresh air from outside the vehicle (fig 3, paragraph [0060]). Kazuno et al teaches that the fuel cell system, although described to be installed in a vehicle, may also be used with traveling objects such as ships, airplanes, and the like (paragraph [0226]).
It would have been obvious to one of ordinary skill in the art to modify Joos et al such that the fuel cell system is used with an airplane, as Joos et al is not specific to the application of the fuel cell system and that Kazuno et al teaches airplanes as one of many alternative systems in which the fuel cell system can be used, such as for use in vehicles, ships, robot arms, cranes, home electric power systems, etc (paragraph [0226]). All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. at 416, 82 USPQ2d at 1395. MPEP 2143(I)(A).
Regarding claims 15-16, the combination teaches the recirculation line including a valve (Joos et al, valve 26), the valve being open only when the voltage supplied by the fuel cell reaches or rises above the maximum authorized voltage limit (see rejection of claim 11, paragraph [0013], feedback loop to allow valves to be trimmed in response to a variance between desired and actual voltage, if the fuel cell stack is in danger of overheating, controller can modulate the valves to reduce the fuel cell stack voltage), but is quiet to wherein the injection line includes a humidifier configured to allow an exchange of water between the air flowing in the injection line and the air flowing in the evacuation line (claim 15 and 16), and wherein which the first end of the recirculation line is located downstream of the humidifier (claim 16).
Kazuno et al teaches a fuel cell system (abstract) comprising a cathode system (43) that includes a circulation valve (66) (fig 3, paragraph [0055]) where part of the exhaust gas (cathode off-gas) is supplied to the piping 60a via the circulation valve 66 and piping 66n, merging with fresh air from outside the vehicle (fig 3, paragraph [0060]). Kazuno et al teaches the cathode system includes a humidifier 62 (fig 3, paragraph [0055]) that performs moisture exchange between the air heading toward the cathode channel and the humid cathode off-gas exhausted from the cathode channel, thereby humidifying the air heading toward the cathode channel (paragraph [0057]). The recirculation is shown downstream of the humidifier (fig 3, see circulation valve and pipeline 66 and 66a).
It would have been obvious to one of ordinary skill in the art to modify the combination to further include a humidifier, as the use of a humidifier is known in Kazuno et al for humidifying the air heading toward the cathode channel. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. at 416, 82 USPQ2d at 1395. MPEP 2143(I)(A).
Claim(s) 7-8 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Joos et al as modified by Kazuno et al as applied to claims 6 and 11 above, and further in view of Knoop (DE 102010035727 A1, cited in IDS filed 12/04/23).
Regarding claims 7-8, the combination is quiet to wherein injecting the recycled air into the injection line is done at an inlet of a compressor located on the injection line (claim 7), wherein injecting the recycled air into the injection line is done between two stages of a two-stage compressor, said compressor being located on the injection line (claim 8).
Knoop teaches that the compressors for compressing the air are connected in series to one another and that a recirculation device is provided, by means of which exhaust gas from the fuel cell is arranged in the flow direction of the air to be compressed downstream of the first compressor and upstream of the second compressor (paragraph [0007]). In figure 2, the recirculation device (70) is injected into air supply line (46) at introduction point (74), between a first compressor (12) and second compressor (18). Knoop teaches that the two-stage compression of air makes it possible for the first compressor to carry out the main compression work while the second compressor stage is for integrating the exhaust gas of the fuel cell (paragraph [0007]). The recirculated exhaust gas does not go through the entire compression process, which results in a very good efficiency of the charging device, resulting in a very efficient operation of the fuel cell (paragraph [0008]).
It would have been obvious to one of ordinary skill in the art to modify the combination such that the recirculated exhaust gas from the fuel cell is introduced between two stages of a two-stage compressor, as Knoop teaches that doing so enables the first compressor to carry out the main compression work (paragraph [0007]) and that the recirculated exhaust gas does not go through the entire compression process, resulting in a very efficient operation of the fuel cell (paragraph [0008]).
Regarding claims 13-14, the combination teaches wherein the injection line includes a compressor of ambient air, the second end of the recirculation line being connected to the injection line before an inlet of the compressor of ambient air (see combination, Knoop, the introduction point 74 is between the first 12 and second compressor 18, thus at the inlet of the second compressor 18), wherein the injection line includes a compressor of ambient air with two stages, the second end of the recirculation line being connected to the injection line between the two stages of the two-stage compressor of ambient air (see combination, Knoop, fig 2, recirculation line is introduced between compressor 12 and compressor 18).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Joos et al as modified by Kazuno et al as applied to claim 11 above, and further in view of Fukumizu et al (US 2016/0036076, cited in IDS filed 12/04/23).
Regarding claim 12, the combination teaches additionally including: a first flow controller, located on the recirculation line (Joos et al, fig 1, recirculation valve 26), to control a flow rate of the recycled air, but is quiet to a second flow controller, located on the injection line before the second end of the recirculation line with respect to the predefined air flow direction, to control the flow rate of the ambient air.
Fukumizu et al teaches a fuel cell system (abstract), where the oxygen-containing gas supply apparatus (16) includes an air pump (46) having a stop valve for interrupting supply of the air to the air supply channel (48) (paragraph [0033]). An air discharge channel (58) is connected to the oxygen-containing gas discharge passage of the fuel cell stack (paragraph [0034]). An air circulation channel (64) is connected between the air supply channel (48) and the air discharge channel (58) (fig 1). Note that the air circulation channel connects with the air supply channel downstream of the air pump (46) (fig 1), thus the stop valve is located on the air supply line before the second end of the recirculation line.
It would have been obvious to one of ordinary skill in the art to include a second flow controller, such as a stop valve, as Fukumizu et al teaches the use of stop valves are known in the art for interrupting supply of the air to the air supply channel. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. at 416, 82 USPQ2d at 1395. MPEP 2143(I)(A).
Conclusion
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/JACKY YUEN/
Examiner
Art Unit 1735
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
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