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 .
Examiner Note
It is noted that all references hereinafter to Applicant’s specification (“spec”) are to the published application US-2024-0322195-A1, unless stated otherwise. Further, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon.
Information Disclosure Statement
The information disclosure statements (IDS) filed 11MAR2024 are in compliance with 37 CFR 1.97 and have been considered.
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.
Claims 14-16, 19-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding Claim 14, the term, “the hotbox cabinet inlet conduit” lacks sufficient antecedent basis and thereby renders the claim indefinite. That is, there is no prior recitation in claims 1, 12 or 13 of a hotbox cabinet inlet conduit, and as such, the hotbox cabinet inlet conduit is unclear (there is no antecedent basis for this term). It is not clear what “the hotbox cabinet inlet conduit” of line 3 of Claim 14 is because it had not been previously introduced or recited in independent claim 1 nor in Claims 12 or 13 on which it depends.
In view of the foregoing, Claim 14 is interpreted for examination on the merits in accordance with the following amendment which is respectfully suggested for overcoming the indefiniteness issue: ". . . the auxiliary cabinet air inlet conduit and a hotbox cabinet inlet conduit . . . “ (line 13).
It is noted that the broadest reasonable interpretation of claim 14, including the aforesaid amendments suggested for correction, is such that “hotbox cabinet inlet conduit” of line 3 of Claim 14 refers to any hotbox cabinet inlet conduit.
Claims 15-16 are indefinite and rejected under 35 U.S.C. 112(b) as they are directly or ultimately dependent on claim 14 and therefore include, and do not remedy the indefiniteness issues of Claim 14 identified hereinabove.
Regarding Claim 19, the term "the auxiliary heater" (line 13) lacks sufficient antecedent basis and thereby renders the claim indefinite. That is, there is no prior recitation in claims 1 or 3 of an auxiliary heater, and as such, the auxiliary heater is unclear (there is no antecedent basis for this term). It is not clear what “the auxiliary heater” of line 13 is because it had not been previously introduced or recited in independent claim 19.
In view of the foregoing, claim 19 is interpreted for examination on the merits in accordance with the following amendment which is respectfully suggested for overcoming the indefiniteness issue: ". . . conduit bypasses the heat exchanger and an auxiliary heater. . . “ (line 13).
It is noted that the broadest reasonable interpretation of claim 19, including the aforesaid amendments suggested for correction, is such that “the auxiliary heater” of line 13 refers to any auxiliary heater.
Claim 20 is indefinite and rejected under 35 U.S.C. 112(b) as they are directly or ultimately dependent on claim 1 and therefore include, and do not remedy the indefiniteness issues of claim 19 identified hereinabove.
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.
Claim(s) 1-16, 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weingaertner (US 20200168922 A1; “Weingaertner”).
Regarding Claim 1, Weingaertner teaches a fuel cell system [0001] with a power module housing structure in which the system may be disposed in a cabinet [0062] (an auxiliary cabinet, a hotbox cabinet).
Weingaertner teaches the hot box 1 insulation 1950 (hot box cabinet) [0142]. Weingaertner teaches that the hot box 1 contains the plurality of fuel cell stacks 9 [0116]. The fan or blower 2210 is located outside the hot box 1 insulation 1950 but inside system cabinet [0142].
Weingaertner also teaches the system may also include a system controller (electronic components disposed in the auxiliary cabinet), the blower 125 (a system blower) [0123]. The air inlet stream is provided by a main air blower 125 from the air inlet conduit 33 (hotbox air inlet conduit fluidly connecting the system blower to the hotbox) into the anode cooler heat exchanger 100 [0123] (into the power module housing).
Weingaertner teaches that air is provided to the SOFC system via the main air inlet 50. The incoming air is provided to the cathode recuperator 200 – heat exchanger [0075] - in which it is heated by the ATO 10 (anode tail gas oxidizer) exhaust stream [0092]. The heated air is then provided to the fuel cell stack or column 9 through the manifold 25. From the stack or column 9, cathode exhaust is provided to the ATO 10 [0141] and then sent to the air heat exchanger 200 through conduit 27 [0073] (please see Fig. 16 of Weingaertner below).
Weingaertner teaches that air passes through (fluidly connecting) the stacks 9 of the hot box 1, where it is exhausted through the cathode exhaust conduit 24 (outlet of the hot box). The air passes through the ATO 10 after which it heats air inlet stream in the air heat exchanger 200 via heat exchange [0124].
[AltContent: textbox (Bypass Conduit)]
[AltContent: arrow][AltContent: textbox (Cathode Exhaust Conduit)][AltContent: textbox (Hotbox Cabinet Air Outlet Conduit)][AltContent: textbox (Auxiliary Cabinet Air Outlet Conduit)][AltContent: arrow]
[AltContent: textbox (Auxiliary Cabinet)][AltContent: oval][AltContent: arrow][AltContent: arrow]
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[AltContent: arrow][AltContent: textbox (System Blower)][AltContent: arrow]
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[AltContent: arrow][AltContent: textbox (Heater Conduit; Auxiliary Cabinet Air Inlet Conduit)][AltContent: arrow]
[AltContent: textbox (Supplemental Heater)]
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[AltContent: arrow][AltContent: textbox (Hotbox Cabinet Air Inlet Conduit)]
[AltContent: textbox (Auxiliary Heater)][AltContent: textbox (Heat Exchanger)]
[AltContent: textbox (Contains plurality of fuel cells)]
Fig. 16 of Weingaertner, duplicated from Sheet 19 of 28 of Weingaertner
Regarding Claim 2, Weingaertner teaches that the air inlet stream is preheated in the anode cooler (a supplemental heater) before entering the cathode recuperator (heat exchanger) and subsequently stack 9 of the hot box (hotbox air inlet conduit) [0069].
Regarding Claim 3, Weingaertner teaches that the hotbox air inlet conduit fluidly connects the supplemental heater in series (please refer to the annotated Fig. 16 of Weingaertner above).
Regarding Claim 4, Weingaertner teaches a heater conduit fluidly connected to the hotbox air inlet conduit and configured to bypass the heat exchanger, stream 117 in Fig. 16 of Weingaertner above; and a supplemental heater configured to preheat air in the heater conduit (please refer to the annotated Fig. 16 of Weingaertner above and [0069]).
Regarding Claim 5, Weingaertner teaches a control valve that varies the main air flow in conduit 33, which controls the air flow for the entire system [0123, 0124], including the heater conduit. Weingaertner teaches a control (heater) valve that maintains the stack 9 temperature or the ATO 10 temperature. Weingaertner teaches the main air flow rate control via blower 125 or valve acts as a main system temperature controller [0125].
Regarding Claim 6, Weingaertner teaches a control valve that maintains the stack 9 temperature or the ATO 10 temperature. Weingaertner teaches the main air flow rate control via blower 125 or valve acts as a main system temperature controller [0125]. The temperature of the ATO may be monitored by inserting a thermocouple (temperature sensor) feed through 1601 extending through the anode exhaust cooler heat exchanger 100 and the cathode recuperator 200 to the top of the ATO 10 [0092].
Regarding Claim 7, Weingaertner teaches a heater conduit fluidly connected to the hotbox air inlet conduit and configured to bypass the heat exchanger, stream 117 in Fig. 16 of Weingaertner above, which also passes the air pre-heater exchanger (a preheating bypass conduit). Weingaertner teaches the main air flow rate control via blower 125 or valve [0125] controls the air flow for the entire system [0123, 0124], including the preheating bypass conduit.
Regarding Claims 8, please refer to the annotated Fig. 16 of Weingaertner above, which illustrates a hotbox cabinet air outlet conduit fluidly connecting an outlet of the hotbox cabinet to the cathode exhaust outlet conduit downstream of the heat exchanger with respect to a flow direction of cathode exhaust through the cathode exhaust outlet conduit.
Regarding Claim 9, please refer to the annotated Fig. 16 of Weingaertner above, which shows the auxiliary cabinet air outlet conduit fluidly connecting an outlet of the auxiliary cabinet to the cathode outlet exhaust conduit downstream of the heat exchanger with respect to the flow direction of cathode exhaust.
Regarding Claim 10, please refer to the annotated Fig. 16 of Weingaertner above, which shows an auxiliary cabinet air outlet conduit fluidly connecting an outlet of the auxiliary cabinet to the hotbox air inlet conduit upstream of the heat exchanger with respect to an air flow direction through the hotbox air inlet conduit.
Regarding Claim 11, please refer to the annotated Fig. 16 of Weingaertner above, which shows an auxiliary cabinet air outlet conduit fluidly connecting an outlet of the auxiliary cabinet to the hotbox air inlet conduit upstream of the heat exchanger with respect to an air flow direction through the hotbox air inlet conduit; and a hotbox cabinet air outlet conduit fluidly connecting an outlet of the hotbox cabinet to the auxiliary cabinet air outlet conduit.
Regarding Claim 12, please refer to the annotated Fig. 16 of Weingaertner above, which shows a hotbox cabinet air inlet conduit fluidly connecting the hotbox air inlet conduit to an inlet of the hotbox cabinet.
Regarding Claim 13, please refer to the annotated Fig. 16 of Weingaertner above, which shows an auxiliary cabinet air inlet conduit fluidly connecting the hotbox air inlet conduit to an inlet of the auxiliary cabinet.
Regarding Claim 14, please refer to the annotated Fig. 16 of Weingaertner above, which shows a preheating bypass conduit fluidly connecting the hotbox air inlet conduit to the auxiliary cabinet air inlet conduit and the hotbox cabinet inlet conduit, wherein the preheating bypass conduit bypasses the heat exchanger.
Regarding Claims 15-16, Weingaertner teaches a control valve that varies the main air flow in conduit 33, which controls the air flow for the entire system [0123, 0124], including the hotbox cabinet air inlet conduit, the hotbox cabinet air inlet conduit, the preheating bypass conduit, and the auxiliary cabinet air inlet conduit.
Regarding Claim 19, Weingaertner teaches a fuel cell system [0001] with a power module housing structure in which the system may be disposed in a cabinet [0062] (an auxiliary cabinet, a hotbox cabinet).
Weingaertner teaches the hot box 1 insulation 1950 (hot box cabinet) [0142]. Weingaertner teaches that the hot box 1 contains the plurality of fuel cell stacks 9 [0116]. The fan or blower 2210 is located outside the hot box 1 insulation 1950 but inside system cabinet [0142].
Weingaertner also teaches the system may also include a system controller (electronic components disposed in the auxiliary cabinet), the blower 125 (a system blower) [0123]. The air inlet stream is provided by a main air blower 125 from the air inlet conduit 33 (hotbox air inlet conduit fluidly connecting the system blower to the hotbox) into the anode cooler heat exchanger 100 [0123] (into the power module housing).
Weingaertner teaches that air is provided to the SOFC system via the main air inlet 50. The incoming air is provided to the cathode recuperator 200 – heat exchanger [0075] - in which it is heated by the ATO 10 (anode tail gas oxidizer) exhaust stream [0092]. The heated air is then provided to the fuel cell stack or column 9 through the manifold 25. From the stack or column 9, cathode exhaust is provided to the ATO 10 [0141] and then sent to the air heat exchanger 200 through conduit 27 [0073] (please see Fig. 16 of Weingaertner below).
Weingaertner teaches that air passes through (fluidly connecting) the stacks 9 of the hot box 1, where it is exhausted through the cathode exhaust conduit 24 (outlet of the hot box). The air passes through the ATO 10 after which it heats air inlet stream in the air heat exchanger 200 via heat exchange [0124].
Weingaertner teaches that the air inlet stream is preheated in the anode cooler (a supplemental heater) before entering the cathode recuperator (heat exchanger) and subsequently stack 9 of the hot box (hotbox air inlet conduit) [0069].
Weingaertner teaches a heater conduit fluidly connected to the hotbox air inlet conduit and configured to bypass the heat exchanger, stream 117 in Fig. 16 of Weingaertner above, the bypass conduit, which also bypasses the auxiliary heater.
Regarding Claim 20, please refer to the annotated Fig. 16 of Weingaertner above, which illustrates a hotbox cabinet air outlet conduit fluidly connecting an outlet of the hotbox cabinet to the cathode exhaust outlet conduit downstream of the heat exchanger; moreover, the figure illustrates an auxiliary cabinet air outlet conduit fluidly connecting an outlet of the auxiliary cabinet to the cathode exhaust outlet conduit downstream of the heat exchanger.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim(s) 17 and 18 is rejected under 35 U.S.C. 103 as being anticipated by Weingaertner (US 20200168922 A1; “Weingaertner”) in view of Ashary (US 20200119370 A1; “Ashary”).
Regarding Claim 17-18, Weingaertner teaches the limitations of Claim 1 as discussed above.
Regarding Claim 17, Weingaertner teaches a heat exchanger in which the air inlet stream exchanges heat with the air exhaust stream from the fuel cell stack. Weingaertner teaches a compact heat exchanger package with improved heat transfer [0069].
Weingaertner does not teach multiple power module housings.
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Fig. 2 of Ashary, duplicated from Page 2 of 7 of Drawings of Ashary
Ashary teaches multiple housings comprising modular cabinets which may house various system modules [0016] such as fuel cell modules that each include a hotbox 101 (inside a hotbox cabinet) and an exhaust conduit 304D [0017] along with a fuel processing module and power conditioning module [0016] (auxiliary cabinet housing electronic components).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fuel cell of Weingaertner by incorporating multiple power housings as taught by Ashary and configuring the heat exchanger to preheat air provided to multiple power module housings by extracting heat from cathode exhaust received from multiple power module housings. Weingaertner and Ashary each constitute prior art which is directly analogous to claimed invention (MPEP 2141.01(a)(I)) by falling in the same field of endeavor of fuel cells. Weingaertner provides the adequate motivation for incorporating these features readily known in the art; Weingaertner teaches that as the power level of a hot box increases, so does the amount of heat that needs to be removed [0062]. Weingaertner teaches a compact heat exchanger package with improved heat transfer [0069]. Weingaertner indicates that the amount of space occupied and the effectiveness of heat transfer are advantageous to fuel cell design [0069], which provides the motivation for combining the cathode exhaust from multiple power module housings. Changing the arrangement of streams in a process flow diagram is considered a routine design choice for a person having ordinary skill in the art. The prior art can be modified or combined to reject claims as prima facie obvious as long as there is a reasonable expectation of success. In re Merck & Co., Inc., 800 F.2d 1091, 231 USPQ 375. There is a reasonable expectation of success because simplifying a process flow diagram by using one unit instead of multiple is well-known in the art of chemical engineering, specifically with application to fuel cells. Moreover, Ashary teaches that although the hot box 101 contains the cathode recuperator (cathode heat exchanger), the disclosure of Ashary is not limited to any particular location for the components with respect to the hot box 101 [0020].
Regarding Claim 18, Weingaertner teaches a heat exchanger in which the air inlet stream exchanges heat with the air exhaust stream from the fuel cell stack. Weingaertner teaches a compact heat exchanger package with improved heat transfer [0069].
Weingaertner does not teach multiple power module housings.
Ashary teaches multiple housings comprising modular cabinets which may house various system modules [0016] such as fuel cell modules that each include a hotbox 101 (inside a hotbox cabinet) and an exhaust conduit 304D [0017] along with a fuel processing module and power conditioning module [0016] (auxiliary cabinet housing electronic components). Moreover, Ashary teaches a system exhaust conduit 304E that removes module (cathode) exhaust 304D and cabinet exhaust, which is ventilation air that is blown through the housing 12 by the cabinet fan 40, without entering the hotbox 101 [0017]. Please refer to the Fig. 2 of Ashary, duplicated from Page 2 of 7 of Drawings of Ashary for the cathode exhaust outlet conduit and the system exhaust conduit.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fuel cell of Weingaertner by incorporating multiple housings and a system exhaust conduit as taught by Ashary configured to receive cathode exhaust from multiple power storage housings. Weingaertner and Ashary each constitute prior art which is directly analogous to claimed invention (MPEP 2141.01(a)(I)) by falling in the same field of endeavor of fuel cells. Weingaertner provides the adequate motivation for incorporating these features readily known in the art; Weingaertner teaches that as the power level of a hot box increases, so does the amount of heat that needs to be removed [0062]. Weingaertner teaches a compact heat exchanger package with improved heat transfer [0069]. Weingaertner indicates that the amount of space occupied and the effectiveness of heat transfer are advantageous to fuel cell design [0069], which provides the motivation for combining the cathode exhaust from multiple power module housings. Changing the arrangement of streams in a process flow diagram is considered a routine design choice for a person having ordinary skill in the art. The prior art can be modified or combined to reject claims as prima facie obvious as long as there is a reasonable expectation of success. In re Merck & Co., Inc., 800 F.2d 1091, 231 USPQ 375. There is a reasonable expectation of success because simplifying a process flow diagram by using one unit instead of multiple is well-known in the art of chemical engineering, specifically with application to fuel cells. Moreover, Ashary teaches that although the hot box 101 contains the cathode recuperator (cathode heat exchanger), the disclosure of Ashary is not limited to any particular location for the components with respect to the hot box 101 [0020]. Finally, to receive cathode exhaust from the multiple power module housings, there must be a cathode exhaust outlet conduit fluidly connected to a systems exhaust conduit to transfer the cathode exhaust to the heat exchanger.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20200209318 A1 to Ballantine Arne – teaches a plurality of power module housings [0038], where each power module is configured to house one or more hot boxes 13, which contains on or more stacks or columns of fuel cells [0038] and is readily scaled [0043]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM FADDOUL SAVAGE whose telephone number is (571)270-0315. The examiner can normally be reached 8a.m.-5p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aaron Austin can be reached at 571-272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM FADDOUL SAVAGE/
Examiner, Art Unit 1782
/AARON AUSTIN/ Supervisory Patent Examiner, Art Unit 1782
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