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, claims 1-10 in the reply filed on 8 September 2026 is acknowledged.
Relevant MPEP Sections
MPEP 2114 relating to Apparatus and Article claims – Functional Language: While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. >In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997)
MPEP 2115: "Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim." Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Furthermore, "[i]nclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Young, 75 F.2d *>996<, 25 USPQ 69 (CCPA 1935) (as restated in In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963)).
Claim Objections
Claim 1 objected to because of the following informalities: Claim 1 recites “An integrated fuel cell, FC, module, for an electrical system in a heavy-duty vehicle, the module comprising” which appears to be attempting to establish “FC” as an acronym for “fuel cell”, and should use different punction such as “An integrated fuel cell (FC) module, for an electrical system in a heavy-duty vehicle, the integrated FC module comprising”. The use of commas as currently recited appears to require multiple separate elements. Appropriate correction is required.
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.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1 or 2) as being anticipated by Seo (US Pub 2021/0036342 cited in IDS).
In regard to claim 1, Seo teaches an integrated fuel cell (i.e. FC) module, for an electrical system in a heavy-duty vehicle (cooling system for a fuel cell, figure 1 annotated below, such as in a large commercial EV – see paragraphs [0003]), the integrated FC module comprising:
a fuel cell stack (fuel cell stack S), a compressor (cooling fan F and heat exchangers 140, 141, 142; air compressor A), a bleed valve (valves 161, 162), and an air-cooled brake resistor (retarder brake R),
where the bleed valve 161, 162 is configured to divide an air flow from the compressor A, F into a first air flow and a second air flow (see various lines 120 and bypass lines 181, 182 in figure below which transport coolant W which may be air and compressed air to fuel cell stack S and oil cooler of retarder brake R),
where the first air flow is fed to the fuel cell stack S and the second air flow is fed to the air-cooled brake resistor R, where the fuel cell stack S, the compressor A,F, the bleed valve 161, 162, and the air-cooled brake resistor R are enclosed in a common casing structure (all enclosed within the body/chassis of the large commercial electric vehicle – paragraphs [0015-0059]; “closed loop system” – paragraph [0031] implies all components are together).
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In regard to claim 2, Seo teaches the integrated FC module according to claim 1, comprising a two-way power interface BHDC configured for outputting generated electrical energy and for inputting electrical energy to be dissipated by the integrated fuel cell module (The components include a Bi-directional High voltage DC-DC Converter (BHDC) – paragraph [0026]).
In regard to claim 3, Seo teaches the integrated FC module according to claim 1, where the common casing structure comprises a rigid frame structure with brackets for supporting the integrated FC module on the heavy-duty vehicle (body/chassis of the large commercial electric vehicle – paragraph [0003] with closed loop system – paragraph [0031]).
In regard to claim 4, Seo teaches the integrated FC module according to claim 1, where the common casing structure comprises a housing (vehicle bodies are considered housings).
In regard to claim 5, Seo teaches the integrated FC module according to claim 1, where the common casing structure comprises an air intake (for the fan F or air compressor A), a hydrogen intake (fuel for fuel electrode of cell, not illustrated – paragraph [0017]), and a cooling water interface (heat exchangers 120-122 - paragraphs [0015-0059]).
In regard to claim 6, Seo teaches the integrated FC module according to claim 1, comprising a controllable discharge backpressure valve (162) and an expander module (auxiliary heat exchanger 143), where the controllable discharge backpressure valve 162 is arranged between the fuel cell stack S and the expander module 143 (paragraph [0043]).
In regard to claim 7, Seo teaches the integrated FC module according to claim 1, comprising a brake resistor control valve (oil cooler) arranged between the bleed valve 161 and the air-cooled brake resistor R (figure 1, paragraph [0030] – “ Oil used to drive the retarder brake R may be cooled in an oil cooler by a first coolant W1 flowing along the first cooling line 120.” In order for oil to be under a controlled flow into the brake retarder a valve must be present).
In regard to claim 8, Seo teaches the integrated FC module according to claim 1, comprising a control unit (processor 190 – paragraph [0045]) arranged to receive a request for energy dissipation by the FC module. While the prior art does not specify that “where the control unit is arranged to determine: a first energy dissipation level of the FC module associated with an operating state where the fuel cell stack is operating in idle mode and the compressor is operating at full power, a second energy dissipation level of the FC module associated with an operating state where the fuel cell stack is operating in idle mode, the compressor is operating at full power, and the air- cooled brake resistor is operating at maximum energy dissipating rate with the fuel cell stack in idle mode, and a third energy dissipation level of the FC module associated with an operating state where the fuel cell stack is turned off, the compressor is operating at full power, and the air-cooled brake resistor is operating at maximum energy dissipating rate with the fuel cell stack turned off, where the control unit is arranged to select between the first, second and third energy dissipating levels of the integrated FC module in dependence of the request for energy dissipation, and to control the fuel cell stack, the compressor, the bleed valve, and the air-cooled brake resistor according to the selected energy dissipating level” such relates to an intended operation of the system and material worked upon (see MPEP 2114 and 2115 above) and such does not structurally distinguish the claims from the prior art, as the prior art may be capable of being operated in the claimed manner, such as via manual control of the system components.
The prior art does specify that the control of the cooling system includes the operating features described in paragraphs [0045-0060] and figure 2) were the temperature levels T1-3 are equivalent to the claimed first, second and third energy dissipation levels as the temperature within the different heat exchangers relates to the temperature of the fuel cell stack or brake retarder which are indication of the operating state (i.e. fuel cell is idle, compressor or brakes operating and generating heat etc.).
In regard to claim 9, Seo teaches he integrated FC module according to claim 8, and “where the request for energy dissipation by the FC module comprises an average amount of energy to be dissipated by the FC module during a time period or distance range and/or an instantaneous amount of energy to be dissipated by the FC module during a time period or distance range” relates to functionality that the prior art is capable of performing as noted above in regard to claim 8.
In regard to claim 10, Seo teaches a heavy-duty vehicle comprising an integrated FC module according to claim 1 (paragraph [0003] – large commercial vehicle).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fukuda et al. (US Pub 2023/0011420 newly cited) teaches a similar fuel cell system with brake resistor and a common cooling system (figure 1 below):
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas P D'Aniello whose telephone number is (571)270-3635. The examiner can normally be reached Monday to Friday 9am to 5pm EST.
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/NICHOLAS P D'ANIELLO/ Primary Examiner, Art Unit 1723
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