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 .
Election/Restrictions
Applicant’s election without traverse of Group I and Species B1 in the reply filed on 07/21/26 is acknowledged.
Claims 10-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species B2, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/21/26.
A follow-up phone call was made to complete species election on 08/10/26 where Applicant further elected Species A1.
Claims 4, 6, and 9 are further withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected species A2, there being no allowable generic or linking claim.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “800” in Fig. 8 has been used to designate both the graph and the target stoichiometric ratio. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, the limitation “fuel is selectively feed into the nozzle” should read “fuel is selectively fed into the nozzle”.
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 (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 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, 3, 5 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park et al. (US 20090155102 A1, cited in IDS filed 10/26/2023).
Regarding claim 1, Park discloses a recirculation gas flow control and distribution assembly (i.e. hydrogen recirculation blower, [0013]) comprising:
an electric motor ([0040]);
a pump (i.e. blower, [0061]) coupled to the electric motor (i.e. motor provided inside the blower housing, [0040]), the pump including a pump housing (i.e. blower housing, [0040]) with a pump inlet (i.e. second inlet, [0041], Fig. 6, 18) and pump outlet ([0041], Fig. 6, 19), the pump inlet fluidly connected to a recirculated gas (i.e. recirculated hydrogen is introduced through second inlet 18, [0055]);
at least one nozzle (i.e. ejector outlet and hydrogen connecting passage Fig. 6, 13, 20) directly connected to the pump housing (Fig. 6);
a passage positioned between the pump housing and nozzle (i.e. connecting line, [0053], Fig. 9, 24), linking the pump inlet to the nozzle (i.e. second inlet 18 connected to ejector 13 via connecting line 24, [0053], Fig. 9, Fig. 6);
an injector (i.e. recirculated hydrogen connecting passage, Fig. 9, 21) coupled to the nozzle (Fig. 9, 13), the injector fluidly connected to a fuel (i.e. recirculated hydrogen moves through hydrogen connecting passage, [0055]);
a valve disposed in the passage (i.e. check valve provided in connecting line, [0053]), the valve movable between open and closed positions (i.e. at low output power, check valve shuts off, [0019], at high output power, check valve connects, [0020]).
Park further discloses at a low output power, the check valve shuts off the second inlet and the second connecting passage to prevent the recirculated hydrogen from being introduced to the ejector (i.e. nozzle), and the new hydrogen (i.e. fuel) is introduced through the first inlet and discharged through the first connecting passage and ejector outlet (i.e. nozzle) ([0019]).
Furthermore, Park discloses at a high output power, the check valve connects the second inlet and the second connecting passage (i.e. passage) so that recirculated hydrogen is discharged through the second connecting passage and the ejector outlet (i.e. nozzle), while simultaneously being introduced through the second inlet and discharged through the outlet (i.e. pump outlet) while new hydrogen is introduced through the first inlet and discharged through the first connecting passage and ejector outlet ([0020]).
As Park discloses the flow of recirculated hydrogen and new hydrogen based on low compared to high output power, Park satisfies the claim limitation, “wherein the recirculated gas is selectively passed to the pump outlet and fuel is selectively fed into the nozzle”.
Regarding claim 3, 5, and 8, Park discloses all limitations as set forth above.
Park further discloses wherein the outlet of the nozzle (i.e. ejector outlet) is fluidly coupled to an inlet of at least one fuel cell, as claimed in claim 3, and as shown below in annotated Park Fig. 3.
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Annotated Park Fig. 3
Park further discloses wherein the outlet of the pump (i.e. blower) is fluidly coupled to an inlet of at least one fuel cell, as claimed in claim 5, and shown below in annotated Park Fig. 3.
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Annotated Park Fig. 3
Park further discloses wherein the inlet of the pump (i.e. blower) is fluidly connected with an outlet of at least one fuel cell, as claimed in claim 8, and shown below in annotated Park Fig. 3.
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Annotated Park Fig. 3
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.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 20090155102 A1), as applied to claim 1, and further view of Kutz (Applied Plastics Engineering Handbook - Processing, Materials, and Applications).
Regarding claim 2, Park discloses all limitations as set forth above.
Park further discloses the nozzle (i.e. ejector outlet and hydrogen connecting passage, Fig. 6, 20, 13) being attached to the pump housing (Fig. 6, 14a), but does not explicitly disclose or limit how the nozzle is attached to the pump housing.
Kutz teaches press-fit as a common method of mechanical joining that is simple and inexpensive (pg. 579, col. 2, para. 2).
Therefore, it would have been obvious to one or ordinary skill in the art, before the effective filing date of the claimed invention, to have the nozzle press fit with the pump housing as it is a well-known method in the art, as well as a simple and inexpensive method of mechanical joining, as taught by Kutz.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US20090155102A1), as applied to claim 1 above, and in further view of Suzuki et al. (US20200274177A1).
Regarding claim 7, Park discloses all limitations as set forth above.
Park discloses a blower (i.e. pump) wherein an impeller is rotatably installed inside the blower housing and a motor is connected to a rear end of the impeller to rotate the impeller ([0014]).
However, Park does not disclose wherein the pump includes rotors, the rotors linked to the electric motor by a gear train.
Suzuki teaches a similar hydrogen circulation pump ([0007]), wherein the hydrogen circulation pump includes a first and second rotor ([0031]) fixed to a first rotation shaft and second rotation shaft, respectively ([0031]).
Suzuki further teaches the hydrogen circulation pump includes a first gear and second gear where in the first gear and second gear are respectively fixed to the first rotation shaft and second rotation shaft in the gear chamber ([0032]). Furthermore, Suzuki teaches the first and second gear mesh with each other, and the motor rotor is fixed to the first rotation shaft ([0032]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have utilized the pump taught by Suzuki with reasonable expectation of achieving a successful hydrogen recirculation pump for a fuel cell system, as such a configuration in well-known in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ESTHER J TAN whose telephone number is (571)272-3479. The examiner can normally be reached M-F 7:30 AM-4:00 PM.
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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.
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/E.J.T./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 8/18/2026
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