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 .
This is the first action on the merits for application 18/575,651. Responsive to the preliminary amendment filed 12/29/2023, Claims 1-15 are currently pending in this application.
Priority
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. PCT/DK2022/050152, filed on 6/30/2022.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/29/2023 and 1/12/2024 have been considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 1 is objected to because of the following informalities: line 27, “the hydrogen level” should be changed to - -a hydrogen level- - for claim consistency. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: line 4, “the fuel cell system” should be changed to - -the fuel cell- - for claim consistency (see, for reference, Claim 1, line 7, “a fuel cell”). Appropriate correction is required.
Claim 3 is objected to because of the following informalities: line 2, “than contains” should be changed to - -that contains- -. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: line 10, “the valve” should be changed to - -the release-valve- - for claim consistency (see, for reference, Claim 1, line 18, “a release-valve”). Appropriate correction is required.
Claim 5 is objected to because of the following informalities: line 2, “com-pressor” should be changed to - -compressor- -. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: line 5, “con-denser” should be changed to - -condenser- -. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: line 6, “pro-vided” should be changed to - -provided- -. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: line 11, “a back-pressure P2” should be changed to - -the back-pressure P2- - for claim consistency (see, for reference, Claim 5, lines 8-9, “a back-pressure…P2”). Appropriate correction is required.
Claim 5 is objected to because of the following informalities: lines 16 and 17 (two instances), “the feeder-valve” should be changed to - -the feeder valve- - for claim consistency (see, for reference, Claim 5, line 6, “a feeder valve”). Appropriate correction is required.
Claim 8 is objected to because of the following informalities: line 2, “wherein method” should be changed to - -wherein the method- -. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: line 27, “the hydrogen level” should be changed to - -a hydrogen level- - for claim consistency. Appropriate correction is required.
Claim 12 is objected to because of the following informalities: line 2, “than contains” should be changed to - -that contains- -. Appropriate correction is required.
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.
Claims 8 and 15 are 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.
Regarding Claim 8, the phrase "for example" in line 3 renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding Claim 15, the phrase "for example" in line 3 renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Allowable Subject Matter
Claims 1-7 and 9-14 are allowed.
Claims 8 and 15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art does not disclose nor render obvious a method of fire-risk mitigation in an electrically powered automobile, the automobile including a power-pack for providing electrical power to the engines; wherein the power-pack is arranged underneath the cabin and comprises a closed casing with an interior that contains a battery as well as a fuel cell for charging the battery; a condenser inside the casing, the condenser having an upstream side flow-connected to a downstream of a cathode of the fuel cell for receiving cathode exhaust gas from the fuel cell and for condensing water out of the cathode exhaust gas and for cooling and drying cathode exhaust gas to a downstream side of the condenser; the method including automatically as a standard procedure, independently of a hydrogen level in the casing, and during all times of operation of the fuel cell, causing flow of a portion of the cooled dry cathode exhaust gas through the feeder into the interior and through the interior to the release-valve and through the release-valve out of the interior into the environment, but not into the cabin, for reducing fire-risk by creating reduced oxygen levels inside the interior of the casing during all times of operation of the fuel cell and by flushing potentially leaked hydrogen gas out of the interior and by removing heat from the interior; while providing a flow of ODA through the interior of the casing and out of the release-valve, maintaining the elevated pressure in the interior of the casing for preventing ingress of dust and water from the environment into the interior, in combination with the other method steps required by independent Claim 1.
The prior art does not disclose nor render obvious an electrically powered automobile, the automobile including a power-pack for providing electrical power to the engines; wherein the power-pack is arranged underneath the cabin and comprises a closed casing with an interior that contains a battery as well as a fuel cell for charging the battery; a condenser inside the casing, the condenser having an upstream side flow-connected to a downstream of a cathode of the fuel cell for receiving cathode exhaust gas from the fuel cell and for condensing water out of the cathode exhaust gas and for cooling and drying cathode exhaust gas to a downstream side of the condenser; wherein the automobile is configured for automatically as a standard procedure, independently of a hydrogen level in the casing, and during all times of operation of the fuel cell, causing flow of a portion of the cooled dry cathode exhaust gas through the feeder into the interior and through the interior to the release-valve and through the release-valve out of the interior into the environment, but not into the cabin, for reducing fire-risk by creating reduced oxygen levels inside the interior of the casing during all times of operation of the fuel cell and by flushing potentially leaked hydrogen gas out of the interior and by removing heat from the interior; while providing a flow of ODA through the interior of the casing and out of the release-valve, maintaining the elevated pressure in the interior of the casing for preventing ingress of dust and water from the environment into the interior, in combination with the other elements required by independent Claim 10.
One of ordinary skill in the art would have no rationale, absent hindsight, to modify the prior art to derive the claimed invention since the above-mentioned limitations, in combination with the other claim limitations, are considered new and nonobvious improvements over the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KANEKO et al. (US 2016/0380287 A1) discloses a vehicle with a fuel cell and cathode gas flow path (see paragraph [0026]).
MATSUMOTO et al. (US 2012/0251910 A1) discloses a method for controlling a fuel cell system (see ABSTRACT).
OHASHI (US 2012/0006607 A1) discloses a fuel cell system for a vehicle (see ABSTRACT).
GRIEVE et al. (US 2002/0136939 A1) discloses a fuel cell and battery control method (see ABSTRACT).
HILDEBRANDT et al. (US 5,175,061) discloses a fuel cell system (see ABSTRACT).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN YOUNG whose telephone number is (571)272-4781. The examiner can normally be reached Monday - Friday 10:00 am - 6:00 pm (CST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob S Scott can be reached at (571)270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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EDWIN YOUNG
Primary Examiner
Art Unit 3655
/Edwin A Young/Primary Examiner, Art Unit 3655
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