Prosecution Insights
Last updated: July 17, 2026
Application No. 18/539,319

FUEL CELL VEHICLE

Non-Final OA §102§112
Filed
Dec 14, 2023
Priority
Dec 15, 2022 — JP 2022-200138
Examiner
TRIGGS, JAMES J
Art Unit
Tech Center
Assignee
ISUZU MOTORS Limited
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
1227 granted / 1400 resolved
+27.6% vs TC avg
Moderate +10% lift
Without
With
+10.0%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 9m
Avg Prosecution
31 currently pending
Career history
1423
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
78.4%
+38.4% vs TC avg
§102
6.3%
-33.7% vs TC avg
§112
11.9%
-28.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1400 resolved cases

Office Action

§102 §112
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 . DETAILED ACTION Information Disclosure Statement 1. The information disclosure statements (IDS) submitted on (12/28/23 2/20/24) are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. 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 1 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. It recites “at high risk” but fails in the specification what range or level Applicants intend by solely reciting “high”. Claims 2-7 depend from claim 1 and are rejected based on dependency. Claim 4 recites the limitation "the fuel cell" in line 3 and should recite “the fuel cell system” as previously recited. There is insufficient antecedent basis for this limitation in the claim. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: Fuel Cell Air Guide System for a Vehicle. Claim Objections Claim 5 is objected to because of the following informalities: It recites “vehicle traveling” but should recite “vehicle travel”. Appropriate correction is required. 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 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. Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sawada (US 11,923,573). [CLAIM 1] Regarding claim 1, Sawada discloses a fuel cell vehicle (10) equipped with a tank (32) that stores fuel (Hydrogen), a fuel cell system (Sawada, FIG 10, fuel cell 30) that generates electric power using the fuel, and a motor (Sawada discloses in Column 4, Line 40 using a motor but is not shown in the figures) that is driven using the electric power generated by the fuel cell system (30), the fuel cell vehicle (10) being configured to travel by driving of the motor, the fuel cell vehicle (10) comprising: a guide member (Sawada, FIG 10, guides 68) configured to guide an airflow such that the airflow passes through a component (Sawada, FIG 10) at high risk of leakage of the fuel (Sawada, FIGS 3-4 illustrate operation/control when a hydrogen leak is present), the airflow flowing through a vehicle body of the fuel cell vehicle (Sawada, FIG 10, air is drawn in and out of the tank storage 35 by fan 52). PNG media_image1.png 737 658 media_image1.png Greyscale PNG media_image2.png 704 658 media_image2.png Greyscale [CLAIM 2] Regarding claim 2, Sawada discloses the fuel cell vehicle according to claim 1, wherein the guide member is further configured to divide the airflow such that the airflow passes through each of a plurality of the components disposed (68 of Sawada is configured to selectively direct an airflow toward the tanks 32). [CLAIM 3] Regarding claim 3, Sawada discloses the fuel cell vehicle according to claim 1, wherein the guide member is further configured to guide the airflow such that the airflow is discharged to an outside of the vehicle body of the fuel cell vehicle after passing through the component (Sawada, FIG 3 at S20 selectively rotates the fan 52 in reverse thus drawing air from the tank storage 35 and guides 68). PNG media_image3.png 739 512 media_image3.png Greyscale [CLAIM 4] Regarding claim 4, Sawada discloses the fuel cell vehicle according to claim 1, wherein the component includes at least one of the tank (Sawada, FIG 10 illustrates the hydrogen tanks), the fuel cell system, a joint of a pipe connecting between the tank and the fuel cell. [CLAIM 5] Regarding claim 5, Sawada discloses the fuel cell vehicle according to claim 1 wherein the airflow is a wind caused during vehicle travel and taken in from an outside air introduction port mounted on the fuel cell vehicle (Outside air is required in the fuel cell for operation and conventionally done so via intake or port), or a wind generated by an operation of a blower mounted on the fuel cell vehicle. [CLAIM 6] Regarding claim 6, Sawada discloses the fuel cell vehicle according to claim 1, further comprising: a hydrogen sensor at a portion immediately in front of where the airflow is discharged to an outside of the vehicle body (Sawada, Column 5, Line 5 discloses devices for operation including sensors and conventionally include hydrogen type for fuel cell management). [CLAIM 7] Regarding claim 7, Sawada discloses the fuel cell vehicle according to claim 1, wherein the fuel cell vehicle is a truck or a bus (Vehicle 10 is a truck). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be found on the attached Notice of References Cited. Any inquiry concerning this communication or earlier communications from the examiner should be directed to whose telephone number is (571)270-3411. The examiner can normally be reached on 9AM-6PM PST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marc Jimenez can be reached on (571)272-.4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JAMES J TRIGGS/Examiner, Art Unit 3615 /MARC BURGESS/ Primary Patent Examiner, Art Unit 3615
Read full office action

Prosecution Timeline

Dec 14, 2023
Application Filed
Jun 25, 2026
Non-Final Rejection mailed — §102, §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
98%
With Interview (+10.0%)
1y 9m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1400 resolved cases by this examiner. Grant probability derived from career allowance rate.

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