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
Claims 18 and 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected groups, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/15/2026.
Applicant’s election without traverse of Group I, claims 1-17, in the reply filed on 7/15/2026 is acknowledged.
Claim Rejections - 35 USC § 112
Claim 16 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.
Claim 16 recites the limitation “arranged between upstream the heat exchanger” in line 2. This limitation renders the claim indefinite because it not clear where the at least one temperature sensor is located. For examination purposes, the examiner has interpreted this limitation as “arranged upstream of the heat exchanger”.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 6, 9, and 12 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Lo et al. (US20200075971A1).
Regarding claim 1, Lo et al. teaches a fuel cell system for a vehicle at least partially propelled by an electric traction motor, the fuel cell system comprising:
a fuel cell (Fig. 3, 208, [0024]) comprising an anode side (Fig. 3, 302, [0025]) and a cathode side (Fig. 3, 306, [0025]),
an expander connected to a fuel cell motor (Fig. 4, 204, [0030]),
an inlet conduit connected to an inlet end of the cathode side for supply of air to the cathode side (Fig. 3 and 4, 222, 236, 306 [0024], see figure below), an outlet conduit connected between an outlet end of the cathode side and an inlet side of the expander for supply of an exhaust flow from the cathode side to the expander (Fig. 4, 238, 258 [0026], see figure below), and
an exhaust conduit connected to an exhaust side of the expander (Fig. 4, 228, 252, 254 [0026], see figure below), and
a heat exchanger connected at the inlet conduit and at the exhaust conduit for transfer of heat between the inlet conduit and the exhaust conduit (Fig. 4, 212, [0020]). In apparatus, article, and composition claims, intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Lo et al. teaches of a heat exchanger structure that can perform the intended use of transferring heat between the inlet conduit and the exhaust conduit because it has two pathways that exchange heat with each other. Also, “connected at” does not necessarily mean in direct contact, so the heat exchanger can be connected close to the inlet conduit.
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Regarding claim 2, Lo et al. teaches the fuel cell system according to claim 1, wherein the heat exchanger is a gas-to-gas heat exchanger (Transfer heat between two air flow circuits [0009]).
Regarding claim 3, Lo et al. teaches the fuel cell system according to claim 1,wherein the outlet conduit comprises a first outlet conduit portion and a second outlet conduit portion, the first outlet conduit portion connecting the outlet end of the fuel cell to the heat exchanger, and the second outlet conduit bypassing the heat exchanger and connects the outlet end of the fuel cell to the inlet side of the expander. (See image below).
Regarding claim 4, Lo et al. teaches the fuel cell system according to claim 3, wherein the fuel cell system further comprises a first valve arrangement arranged in the outlet conduit, the first valve arrangement being configured to controllably direct the exhaust flow from the cathode side to the first outlet conduit portion and/or to the second outlet conduit portion (Fig. 4, 402, [0030]).
Regarding claim 5, Lo et al. teaches the fuel cell system according to claim 4, wherein the first valve arrangement comprises a first valve in the first outlet conduit portion, and a second valve arranged in the second outlet conduit portion (One or more valves between 238 and 256 [0030]). Since the first valve arrangement is located in both the first and second outlet conduit portion (middle of the first outlet conduit portion and the beginning of the second outlet conduit portion), then Lo et al. teaches that the one or more valves can be located in both the first and second outlet portion.
Regarding claim 6, Lo et al. teaches the fuel cell system according to claim 1, wherein the exhaust conduit comprises a first exhaust conduit portion connecting the exhaust side of the expander to the heat exchanger (Fig. 4, 252, [0026]), and a second exhaust conduit connecting the exhaust side of the expander to the ambient environment (Fig. 4, 254, [0026]).
Regarding claim 9, Lo et al. teaches the fuel cell system according to claim 1, wherein the fuel cell system further comprises an air compressor arranged at the inlet conduit (Fig. 4, 202, [0029]).
Regarding claim 12, Lo et al. teaches the fuel cell system according to claim 9, wherein the air compressor (Fig. 4, 202, [0027]) is connected to the expander (Fig. 4, 204, [0027]) and the fuel cell motor (Fig. 4, 214, [0027]).
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.
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(s) 7-8, 10-11, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lo et al. in view of Sus (CN 1503996 A, cited in the IDS, machine translation attached).
Regarding claim 7, Lo et al. teaches the fuel cell system according to claim 6, but does not specifically teach that the fuel cell system further comprises a second valve arrangement arranged in the exhaust conduit, the second valve arrangement being configured to controllably direct the exhaust flow from the exhaust side of the expander to the first exhaust conduit portion and/or to the second exhaust conduit portion.
Sus, however, teaches of a fuel cell system that can be operated to control certain fluid parameters [0014]. Sus also teaches that the fuel cell system further comprises a second valve arrangement arranged in the exhaust conduit, the second valve arrangement being configured to controllably direct the exhaust flow from the exhaust side of the expander to the first exhaust conduit portion and/or to the second exhaust conduit portion. (Fig. 1, 150 [0066]).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the Lo et al. fuel system to include a second valve arrangement from Sus because it can independently regulate the heating of the fuel cell while allowing a gas turbine assembly to maintain a suitable operating condition and/or temperature. (Sus [0066])
Regarding claim 8, Lo et al. teaches the fuel cell system according claim 4, but does not specifically teach that the fuel cell system further comprises a control unit connected to the first valve arrangement and to the second valve arrangement, the control unit comprising control circuitry configured to: determine a current operating mode for the vehicle, and control the first and second valve arrangements based on the current operating mode.
Sus, however, does teach that the fuel cell system further comprises a control unit connected to the first valve arrangement and to the second valve arrangement, the control unit comprising control circuitry configured to: determine a current operating mode for the vehicle, and control the first and second valve arrangements based on the current operating mode (Fig. 1, 140, [0067]).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the Lo et al. fuel cell system to include the Sus control unit in order to be able to control the valves (Sus [0067]).
Regarding claim 10, Lo et al. teaches the fuel cell system according to claim 9, but does not specifically teach that the inlet conduit comprises a first inlet conduit portion and a second inlet conduit portion, the first inlet conduit portion connecting the air compressor to the heat exchanger, and the second inlet conduit portion bypassing the heat exchanger and connects the air compressor to the inlet end of the cathode side.
Sus, however, does teach that the inlet conduit comprises a first inlet conduit portion and a second inlet conduit portion, the first inlet conduit portion connecting the air compressor to the heat exchanger (Fig. 1, 107, [0048])., and the second inlet conduit portion bypassing the heat exchanger and connects the air compressor to the inlet end of the cathode side (Fig. 1, 98, [0048]).
Therefore, it would be obvious to a person having ordinary skill in the art before the effective filing date to modify the Lo et al. fuel cell to include the Sus first and second inlet conduit portion because it allows some or all of the air passing through the fluid conduit to bypass the heat exchanger (Sus [0048]). This, in turn, can control the power output of a hybrid power generation system (Sus [0016]).
Regarding claim 11, modified Lo et al. teaches the fuel cell system according to claim 10, but does not specifically teach that the fuel cell system further comprises a third valve arrangement arranged in the inlet conduit, the third valve arrangement being configured to controllably direct a flow of compressed air from the air compressor to the first inlet conduit portion and/or to the second inlet conduit portion.
However, Sus further teaches that the fuel cell system further comprises a third valve arrangement arranged in the inlet conduit, the third valve arrangement being configured to controllably direct a flow of compressed air from the air compressor to the first inlet conduit portion and/or to the second inlet conduit portion. (Fig. 1, 96 [0048]).
Therefore, it would be obvious to a person having ordinary skill in the art before the effective filing date to further modify the modified Lo et al. fuel system to include the Sus third valve arrangement in order to regulate the amount of air introduced into the heat exchanger (Sus [0048])
Regarding claim 13, Lo et al. teaches the fuel cell system according to claim 1, but does not specifically teach that the fuel cell system further comprises an exhaust valve arrangement connected to the outlet conduit for controllably bypassing the exhaust flow from reaching the expander.
Sus, however, teaches that fuel cell system further comprises an exhaust valve arrangement connected to the outlet conduit for controllably bypassing the exhaust flow from reaching the expander (Fig. 1, 142, [0061]).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the Lo et al. fuel cell system by including the Sus exhaust valve arrangement because it can regulate or control the amount of exhaust gas introduced into the turbine expander (Sus [0061]).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lo et al. in view of Kolodziej et al. (US 7811713 B2).
Regarding claim 14, Lo et al. teaches the fuel cell system according to claim 1, but does not specifically teach that the fuel cell system further comprises at least one temperature sensor, the temperature sensor being arranged at the inlet conduit.
Kolodziej et al., however, teaches of a fuel cell system in which the temperature of the fluid flowing through can be controlled (Abstract). Kolodziej et al. also teaches that that the fuel cell system further comprises at least one temperature sensor, the temperature sensor being arranged at the inlet conduit (Fig. 1, 25; Col. 3, lines 31-36).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the Lo et al. fuel cell system to include the Kolodziej et al. temperature sensor at the inlet conduit because it allows a control system to respond to the signal from the temperature sensor and control valves (Kolodziej et al. Col. 2, lines 24-29).
Regarding claim 15, modified Lo et al. teaches the fuel cell system according to claim 14, wherein the at least one temperature sensor (Fig. 1, 25; Col. 3, lines 31-36) is arranged between the heat exchanger (Fig. 1, 30) and the inlet end of the cathode side (Fig. 1, 24).
Claim(s) 14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lo et al. in view of Ozawa et al. (US 11876256 B2).
Regarding claim 14, Lo et al. teaches the fuel cell system according to claim 1, but does not specifically teach that the fuel cell system further comprises at least one temperature sensor, the temperature sensor being arranged at the inlet conduit.
However, Ozawa et al. teaches of a fuel system that includes a heat exchanger and the temperature of the fluids can be controlled (Abstract). Ozawa et al. also teaches teach that the fuel cell system further comprises at least one temperature sensor, the temperature sensor being arranged at the inlet conduit (Fig. 4, 363; Col. 14, lines 4-6).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the Lo et al. fuel system in order to include the Ozawa et al. temperature sensor because the control unit can control a flow regulation valve based on the temperature of the fluid entering (Ozawa et al. Col. 14, lines 59-62)
Regarding claim 16, modified Lo et al. teaches the fuel cell system according to claim 14, wherein the at least one temperature sensor is arranged between upstream the heat exchanger (Fig. 4, 363; Col. 14, lines 4-6).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lo et al. in view of Becker et al. (US 20080081238 A1).
Regarding claim 17, Lo et al. teaches the fuel cell system according to claim1, but does not specifically teach that the fuel cell system further comprises a charge air cooler, the charge air cooler being arranged in the inlet conduit in fluid communication between the heat exchanger and the inlet end of the cathode side.
Becker et al. however, teaches of a fuel cell system that includes a heat exchanger and can control the temperature of the fluid (Abstract). Becker et al. also teaches that the fuel cell system further comprises a charge air cooler, the charge air cooler being arranged in the inlet conduit in fluid communication between the heat exchanger and the inlet end of the cathode side (Fig. 1, 18, [0018]).
Therefore, it would be obvious to a person having ordinary skill in the art before the
effective filing date to modify the Lo et al. fuel cell by including a charge air cooler because it can reduce the temperature of the cathode inlet air to a fuel cell stack during certain system operating conditions so that the cathode inlet air is able to absorb more moisture in a water vapor transfer unit (Becker et al. [0012]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bang et al. (US 11658315 B2) teaches of a fuel cell system including a multi-stream heat exchange unit.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YVONNE WEI whose telephone number is (571)270-0870. The examiner can normally be reached Monday-Thursday 7:30am-5pm, Friday 7:30am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niki Bakhtiari can be reached at (571) 272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YVONNE WEI/ Examiner, Art Unit 1722
/NIKI BAKHTIARI/ Supervisory Patent Examiner, Art Unit 1722
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