CTNF 18/549,082 CTNF 91725 DETAILED ACTION 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-27 AIA Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. DE102021105899.6 , filed on 03/11/2021 . Claim Objections 07-29-01 AIA Claim s 13-14, 16-21 and 23-24 are objected to because of the following informalities: Each claim recites, “with gas” or “the gas” in reference to the “inert gas” interchangeably. These recitations should be appropriately amended to recite, “with inert gas” or “the inert gas” for purpose clarity . Appropriate correction is required. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 13-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robb (US20090263679A1) in view of Reiser (US20090214906A1) . Regarding Claims 13 and 23 , Robb discloses an apparatus, and method, for determining state information relating to inertization of a fuel provision system with an inert gas, wherein the fuel provision system is configured to supply a fuel cell unit with fuel, and wherein the inertization of the fuel provision system is designed to replace fuel in the at least one fuel line and/or in the fuel cell unit with the inert gas, comprising: a device (control device – not shown) [par. 0024] configured to: cause the fuel cell unit (fuel cell stack 205 ) to be supplied with the inert gas from the at least one fuel line without feeding the anode with fuel (i.e., terminating H 2 flow and initiating flow of N 2 or some other inert gas across the anode) [par. 0015]; determine measurement information relating to an electric current and/or electric voltage caused by the fuel cell unit being supplied with the inert gas from the at least one fuel line (i.e., voltage and/or current sensors may be used for monitoring activity of each fuel cell to determine when each discharge cycle, for consumption of hydrogen remaining in fuel cell stack, is complete, and further, when all discharged cycles, for complete consumption of hydrogen remaining in fuel cell stack, is complete, indicated by total stack voltage falling to a specified level or voltage [pars. 0015-18; Figs. 2-3]; and determine the state information relating to the inertization of the fuel provision system on a basis of the measurement information (i.e., relating total stack voltage to the specified level or voltage) [pars. 0015-18; Fig. 2-3]. Robb fails to explicitly teach: (1) wherein the fuel provision system comprises a vessel for storing fuel and at least one fuel line between the vessel and/or between a refueling access for refueling the vessel and the fuel cell unit, such that the inert gas is supplied to the fuel cell unit while the vessel is closed and/or without fuel being taken from the vessel; and (2) wherein the state information indicates: (i) a concentration of fuel in the inert gas from the fuel provision system; and/or (ii) whether the inert gas from the fuel provision system has a concentration of fuel that is equal to or less than a predefined concentration threshold value. Pertaining (1) above, providing the fuel provision system to comprise a vessel storing fuel to supply the fuel cell unit with fuel is a well-known configuration in the art. For example, Reiser, from the same field of endeavor, discloses a fuel cell system comprising a hydrogen vessel secured outside of the fuel cell unit 12 and configured to supply fuel to the fuel cell unit via a fuel line 68 [Reiser – par. 0034; Fig. 1]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Reiser to have modified the fuel provision system of Robb to have comprised a vessel for storing fuel and at least one fuel line between the vessel such that the inert gas is supplied to the fuel cell unit while the vessel is closed and/or without fuel being taken from the vessel as a well-known configuration in the art for storing and supplying the fuel cell unit with fuel. Pertaining (2) above, Reiser further teaches the fuel cell system comprising a hydrogen sensor including a sensor circuit 80 in electrical communication with the cathode and anode of the fuel cell unit for monitoring hydrogen concentration of hydrogen in the fuel cell and communicating to a controller, wherein the hydrogen sensor determines the hydrogen concentration by measuring voltage differences between the anode and cathode of the fuel cell [Reiser – pars. 0038-39; Fig. 1]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have modified the device of Robb wherein the state information indicates: (i) a concentration of fuel in the inert gas from the fuel provision system; and/or (ii) whether the inert gas from the fuel provision system has a concentration of fuel that is equal to or less than a predefined concentration threshold value, as a well-known parameter for monitoring hydrogen concentration in the art. Regarding Claim 14 , modified Robb discloses wherein the device is configured to: determine whether an inertization process of the fuel provision system has been carried out, which inertization process is designed to replace fuel in the at least one fuel line of the fuel provision system and/or in the fuel cell unit with the inert gas (e.g., when all discharge cycles are not complete); and cause the fuel cell unit to be supplied with inert gas from the at least one fuel line (i.e., to resume discharge cycling until further or all cycles are complete), in order to determine the state information, when it has been determined that an inertization process of the fuel provision system has previously been carried out (i.e., when hydrogen based on measurement data is determined to have not been consumed) [pars. 0015-18; Figs. 2-3]. Regarding Claim 15 , modified Robb discloses wherein the device is configured to determine, on the basis of the measurement information, state information indicating: a degree of inertization of the fuel provision system; and/or whether or not the fuel provision system is in an inert state [refer to rejection of claim 13 for citations]. Regarding Claim 16 , modified Robb discloses, wherein: the device is configured to effect a measure with respect to the inertization of the fuel provision system; and the measure depends on the determined state information [refer to rejection of claim 13 for citations]. Regarding Claim 17 , modified Robb discloses, wherein the measure comprises output of information: relating to whether or not the fuel provision system is in an inert state; and/or relating to a concentration of fuel in the gas from the fuel provision system [refer to rejection of claim 13 for citations]. Regarding Claim 18 , modified Robb discloses, wherein the device is configured to: determine measurement information relating to a level of the electric voltage and/or the electric current; and determine, on the basis of the measurement information, state information indicating the concentration of fuel in the gas from the fuel provision system [refer to rejection of claim 13 for citations]. Regarding Claim 19 , modified Robb discloses, wherein the device is configured to: determine measurement information relating to a presence of fuel in the exhaust gas of the fuel cell unit, which is caused by the fuel cell unit being supplied with gas from the fuel provision system; and determine the state information on the basis of the measurement information relating to the presence of fuel in the exhaust gas of the fuel cell unit [refer to rejection of claim 13 for citations]. Regarding Claim 20 , modified Robb discloses, wherein the device is configured to: determine measurement information indicating a concentration and/or an amount of fuel in the exhaust gas of the fuel cell unit; and determine, on the basis of the measurement information, state information indicating the concentration of fuel in the gas from the fuel provision system [refer to rejection of claim 13 for citations]. Regarding Claims 21 and 24 , Robb discloses an apparatus for determining state information relating to inertization of a fuel provision system with an inert gas, wherein the fuel provision system is configured to supply a fuel cell unit with fuel, and wherein the inertization of the fuel provision system is designed to replace fuel in the at least one fuel line and/or in the fuel cell unit with the inert gas, comprising: a device (control device – not shown) [par. 0024] configured to: cause the fuel cell unit (fuel cell stack 205 ) to be supplied with the inert gas from the at least one fuel line without feeding the anode with fuel (i.e., terminating H 2 flow and initiating flow of N 2 or some other inert gas across the anode) [par. 0015]; determine measurement information relating to a presence of fuel in the exhaust gas of the fuel cell unit, which is caused by the fuel cell unit being supplied with the inert gas from the at least one fuel line (i.e., voltage and/or current sensors may be used for monitoring activity of each fuel cell to determine when each discharge cycle, for consumption of hydrogen remaining in fuel cell stack, is complete, and further, when all discharged cycles, for complete consumption of hydrogen remaining in fuel cell stack, is complete, indicated by total stack voltage falling to a specified level or voltage, which necessarily relates to a presence of fuel in the exhaust gas of the fuel cell unit) [pars. 0015-18; Figs. 2-3]; and determine the state information relating to the inertization of the fuel provision system on a basis of the measurement information (i.e., relating total stack voltage to the specified level or voltage) [pars. 0015-18; Fig. 2-3]. Robb fails to explicitly teach: (1) wherein the fuel provision system comprises a vessel for storing fuel and at least one fuel line between the vessel and/or between a refueling access for refueling the vessel and the fuel cell unit, such that the inert gas is supplied to the fuel cell unit while the vessel is closed and/or without fuel being taken from the vessel; and (2) wherein the state information indicates: (i) a concentration of fuel in the inert gas from the fuel provision system; and/or (ii) whether the inert gas from the fuel provision system has a concentration of fuel that is equal to or less than a predefined concentration threshold value. Pertaining (1) above, providing the fuel provision system to comprise a vessel storing fuel to supply the fuel cell unit with fuel is a well-known configuration in the art. For example, Reiser, from the same field of endeavor, discloses a fuel cell system comprising a hydrogen vessel secured outside of the fuel cell unit 12 and configured to supply fuel to the fuel cell unit via a fuel line 68 [Reiser – par. 0034; Fig. 1]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Reiser to have modified the fuel provision system of Robb to have comprised a vessel for storing fuel and at least one fuel line between the vessel such that the inert gas is supplied to the fuel cell unit while the vessel is closed and/or without fuel being taken from the vessel as a well-known configuration in the art for storing and supplying the fuel cell unit with fuel. Pertaining (2) above, Reiser further teaches the fuel cell system comprising a hydrogen sensor including a sensor circuit 80 in electrical communication with the cathode and anode of the fuel cell unit for monitoring hydrogen concentration of hydrogen in the fuel cell and communicating to a controller, wherein the hydrogen sensor determines the hydrogen concentration by measuring voltage differences between the anode and cathode of the fuel cell [Reiser – pars. 0038-39; Fig. 1]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have modified the device of Robb wherein the state information indicates: (i) a concentration of fuel in the inert gas from the fuel provision system; and/or (ii) whether the inert gas from the fuel provision system has a concentration of fuel that is equal to or less than a predefined concentration threshold value, as a well-known parameter for monitoring hydrogen concentration in the art. Regarding Claim 22 , modified Robb discloses a fuel cell system comprising a fuel cell unit which is configured to generate, on a basis of a fuel, electric current; a fuel provision system which is configured to supply the fuel cell unit with fuel; and a device for determining state information relating to inertization of the fuel provision system with an inert gas, wherein the device is configured according to claim 13 [refer to rejection of claim 13 above], but fails to disclose a motor vehicle comprising an electric drive motor for driving the motor vehicle such that the fuel cell unit is configured to generate current for operating the electric drive motor. However, Robb recognizes that the fuel cell unit may be used to drive an electric current through a load to perform work including driving an electric motor [Robb – par. 0002], and Reiser specifically teaches the fuel cell system is capable of being used to power transportation vehicles [Reiser – pars. 0002-3]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the fuel cell system of modified Robb to be comprised by a motor vehicle comprising an electric drive motor for driving the motor vehicle such that the fuel cell unit is configured to generate current for operating the electric drive motor. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAROON S SHEIKH whose telephone number is (571)270-0302. The examiner can normally be reached 9-6. 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, JONATHAN LEONG can be reached at (571) 270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. HAROON S. SHEIKH Primary Examiner Art Unit 1751 /Haroon S. Sheikh/Primary Examiner, Art Unit 1751 Application/Control Number: 18/549,082 Page 2 Art Unit: 1751 Application/Control Number: 18/549,082 Page 3 Art Unit: 1751 Application/Control Number: 18/549,082 Page 4 Art Unit: 1751 Application/Control Number: 18/549,082 Page 5 Art Unit: 1751 Application/Control Number: 18/549,082 Page 6 Art Unit: 1751 Application/Control Number: 18/549,082 Page 7 Art Unit: 1751 Application/Control Number: 18/549,082 Page 8 Art Unit: 1751 Application/Control Number: 18/549,082 Page 9 Art Unit: 1751
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