DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Clarke et al. (US 2022/0009648 A1), further evidenced by Yang et al. (2008).
Regarding Claims 1 and 2, Clarke teaches a hydrogen fuel supply method for use by hydrogen-powered vehicles wherein one or more fuel storage modules are filled with hydrogen at a hydrogen supply source and each of the one or more fuel storage modules comprise a storage capsule and a fuel outlet fitting through which hydrogen fuel is dispensed from the storage capsule, and each fuel outlet fitting is connected to a respective one of the one or more fuel inlet fitting to transfer the hydrogen fuel from the fuel storage module to the fuel system of the hydrogen-powered vehicle (Paragraph [0009]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a nozzle with the fuel dispensing system for fueling the hydrogen fuel cell device or vehicle.
Clarke teaches temperature as a monitored parameter associated with fuel storage modules (Paragraph [0019]), and additionally that a temperature sensor may be capable of detecting or measuring the temperature of the hydrogen fuel stored within the fuel storage modules (Paragraph [0183]).
Furthermore, Clarke teaches one or more pressure transducers, pressure gauges, thermocouples, or other sensors may be deployed along a plurality of fluid flow paths between the fuel storage modules and the fuel cells (Paragraph [0182]).
Clarke teaches that a control unit may receive temperature, pressure and/or other sensor data and may provide a signal to the one or more solenoid valves to open or close to control (e.g., close or open) appropriate fuel paths (Paragraph [0182]).
Regarding Claim 3, Clarke teaches that a control unit may receive temperature, pressure and/or other sensor data and may provide a signal to the one or more solenoid valves to open or close to control (e.g., close or open) appropriate fuel paths (Paragraph [0182]). It would have been obvious to a person having ordinary skill in the art to combine the practices of the control unit as taught by Clarke to the fundamental engineering variables of flow rate and temperature, which were well-known to have an inverse relationship in the application of hydrogen fuel cells, before the effective filing date of the claimed invention.
The known Joule-Thomson effect is described by Yang, wherein the approximate storage pressure as disclosed in Paragraph [0023] of the instant specification to be 875 bars or 87.5 MPa yields a negative Joule-Thomson coefficient at any temperature (Fig. 6) and thus pressure and temperature will have an inverse relationship (Fig. 4). Furthermore, the directly proportional relationship between pressure and flow rate is a known concept in basic fluid dynamics.
Regarding Claims 4 and 9, Clarke teaches temperature as a monitored parameter associated with fuel storage modules (Paragraph [0019]), and additionally that a temperature sensor may be capable of detecting or measuring the temperature of the hydrogen fuel stored within the fuel storage modules (Paragraph [0183]).
Clarke teaches that a control unit may receive temperature, pressure and/or other sensor data and may provide a signal to the one or more solenoid valves to open or close to control (e.g., close or open) appropriate fuel paths (Paragraph [0182]).
The configuration of the processor of Claim 4 to control the supply speed of the hydrogen to a predetermined supply speed corresponding to a temperature range to which the first temperature pertains merely reflects the concept of thresholding in a control system, which is common to the art and known in the industry before the effective filing date of the claimed invention.
The configuration of the processor of Claim 9 to decrease the hydrogen supply speed based on a difference between the first and second temperatures compared to a predetermined acceptable value merely reflects the concept of proportional control in a control system, which is common to the art and known in the industry before the effective filing date of the claimed invention.
Regarding Claims 5, 7, and 8, Clarke teaches a fuel delivery system which may comprise one or more pipes or fuel lines defining a flow path for the fuel from the fuel storage modules to the one or more fuel cells (Paragraph [0173]), wherein the flow control mechanisms may comprise one or more regulators which further can comprise measuring elements such as a temperature sensor (Paragraph [0179]).
Clarke discloses the claimed invention except for a second temperature sensor at the receiving end of a charging hydrogen fuel cell device. It should be noted that data from an optimal number and placement of temperature sensors is a result effective variable. Clarke teaches that a control unit may receive temperature, pressure and/or other sensor data and may provide a signal to the one or more solenoid valves to open or close to control (e.g., close or open) appropriate fuel paths (Paragraph [0182]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to create the invention of temperature-driven flow rate controls within a hydrogen fueling system, combined with a second temperature sensor at the receiving end of a charging hydrogen fuel cell device to enable end-to-end control of the hydrogen fuel material flow, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. See re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). In the present invention, one would have been motivated to optimize the control methods for hydrogen flow to fuel a hydrogen fuel cell device by enabling additional sensor feedback to arrive at an end-to-end control system.
Clarke teaches a hydrogen fuel supply method for use by hydrogen-powered vehicles wherein one or more fuel storage modules are filled with hydrogen at a hydrogen supply source and each of the one or more fuel storage modules comprise a storage capsule and a fuel outlet fitting through which hydrogen fuel is dispensed from the storage capsule (Paragraph [0009]).
Clarke teaches temperature as a monitored parameter associated with fuel storage modules (Paragraph [0019]), and additionally that a temperature sensor may be capable of detecting or measuring the temperature of the hydrogen fuel stored within the fuel storage modules (Paragraph [0183]).
Clarke teaches that a control unit may receive temperature, pressure and/or other sensor data and may provide a signal to the one or more solenoid valves to open or close to control (e.g., close or open) appropriate fuel paths (Paragraph [0182]).
Regarding Claims 6 and 10, Clarke teaches a fuel delivery system which may comprise one or more pipes or fuel lines defining a flow path for the fuel from the fuel storage modules to the one or more fuel cells (Paragraph [0173]) and that a fuel cell may be provided in different designs and configurations, for example, proton exchange membrane fuel cells (PEMFCs), molten carbonate fuel cell (MCFC), phosphoric acid fuel cell (PAFC), solid oxide fuel cell (SOFC), etc. (Paragraph [0188]).
The chamber as claimed and specified in Paragraph [0038] of the instant application is not drawn to a structure or function other than its capability to store hydrogen for use as fuel, which is an inherent property of all fuel cell configurations taught by Clarke. “Where applicant claims a composition in terms of a function, property or characteristic and the composition of the prior art is the same as that of the claim but the function is not explicitly disclosed by the reference, the examiner may make a rejection under both 35 U.S.C. 102 and 103. This same rationale should also apply to product, apparatus, and process claims claimed in terms of function, property or characteristic.” See re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
Clarke discloses the claimed invention except for a second temperature sensor at the receiving end of a charging hydrogen fuel cell device. It should be noted that data from an optimal number and placement of temperature sensors is a result effective variable. Clarke teaches that a control unit may receive temperature, pressure and/or other sensor data and may provide a signal to the one or more solenoid valves to open or close to control (e.g., close or open) appropriate fuel paths (Paragraph [0182]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to create the invention of temperature-driven flow rate controls within a hydrogen fueling system, combined with a second temperature sensor at the receiving end of a charging hydrogen fuel cell device to monitor hydrogen flow and temperature not only out of the hydrogen supply or storage module but also upon arrival and within the destination device to enable end-to-end control of the hydrogen fuel material flow, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. See re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). In the present invention, one would have been motivated to optimize the control methods for hydrogen flow to fuel a hydrogen fuel cell device by enabling additional sensor feedback to arrive at an end-to-end control system.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Vivian Cheng whose telephone number is (571)270-1930. The examiner can normally be reached Mon-Thu 7:30am-5pm ET, Fri 7:30am-12pm ET.
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/V.S.C./Examiner, Art Unit 1781
/FRANK J VINEIS/Supervisory Patent Examiner, Art Unit 1781
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