DETAILED ACTION
This office action is in response to the amendment filed on 2/25/2026. In the amendment, claims 1, 3-5, 7-9, 12, 14 and 18-20 have been amended, and claims 2, 11, 13, 15, 17 are now canceled. Overall, claims 1, 3-10, 12, 14, 16 and 18-20 are pending in this application.
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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 3-10, 12, 14, 16 and 18-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more.
[101 Analysis Step 1]
Step 1, of the 2019 Guidance, first looks to whether the claimed invention is directed to a statutory category, namely a process, machine, manufactures, and compositions of mater.
The claim 1 is directed to a system (i.e. machine), claim 19 is directed to a method (i.e. process) and claim 20 is directed to a non-transitory computer-readable storage medium (i.e. machine). Thus, claims 1 and 19-20 are one of four the statutory categories (Step 1: YES).
[101 Analysis Step 2A, Prong I]
Regarding Prong I of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether they recite subject matter that falls within one of the follow groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Independent Claim 1 includes limitations that recite an abstract idea (emphasized below) and will be used as a representative claim(s) for the remainder of the 101 rejection. Claim 1 recites:
A system, comprising one or more computers including at least one processor, wherein the at least one processor is configured to
acquire information indicating working history of each of a plurality of fuel cells;
estimate deterioration degrees of a plurality of members of the plurality of fuel cells based on the acquired working history; and
select a first fuel cell from among the plurality of fuel cells and recommend which other fuel cell of the plurality of fuel cells should be replaced with, based on a comparison of the deterioration degrees of the plurality of members of each of the plurality of fuel cells whose deterioration degrees have been estimated, wherein
the at least one processor is further configured to
when a deterioration degree of a first member is higher than a deterioration degree of a second member in the first fuel cell, recommend replacing the first fuel cell with another fuel cell, among the plurality of fuel cells, that has the first member with a lower deterioration degree than a deterioration degree of the second member.
The examiner submits that the foregoing bolded limitations(s) constitute a “mental process” because under its broadest reasonable interpretations, the claim covers performance of the limitation in the human mind. For example, “estimates…”, “select…”, “recommend…” and “recommend…” in the context of the claim encompasses a person looking at and using the data collected to formulating a judgement. Accordingly, the claim recites at least one abstract idea.
[101 Analysis Step 2A, Prong II]
Regarding Prong II of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract into a practical application. As noted in the 2019 PEG, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
In the present case, the additional limitations beyond the above-noted abstract idea are as follows (where the underlined portions are the “additional limitations” while the bolded portions continue to represent the “abstract idea”):
A system, comprising one or more computers including at least one processor, wherein the at least one processor is configured to
acquire information indicating working history of each of a plurality of fuel cells;
estimate deterioration degrees of a plurality of members of the plurality of fuel cells based on the acquired working history; and
select a first fuel cell from among the plurality of fuel cells and recommend which other fuel cell of the plurality of fuel cells should be replaced with, based on a comparison of the deterioration degrees of the plurality of members of each of the plurality of fuel cells whose deterioration degrees have been estimated, wherein
the at least one processor is further configured to
when a deterioration degree of a first member is higher than a deterioration degree of a second member in the first fuel cell, recommend replacing the first fuel cell with another fuel cell, among the plurality of fuel cells, that has the first member with a lower deterioration degree than a deterioration degree of the second member.
For the following reason(s), the examiner submits that the above identified additional limitations do not integrate the above-noted abstract into a practical applications.
Regarding the additional limitations of “acquire information indicating working history of each of a plurality of fuel cells” the examiner submits that these limitations are insignificant extra-solution activities that merely use a computer (processing circuitry of a computer system) to perform the process. In particular, the “acquire” step can be performed via sensors are recited at a high level of generality (i.e. as a general means of gathering data for use in the using step), and amounts to mere data gathering, which is a form of insignificant extra-solution activity. Lastly, the “processor” is recited at a high-level of generality (i.e. as a generic processor performing a generic computer function such that it amounts no more than mere instructions to apply the exception using a generic computer component.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a computer or an improvement to another technology or technical filed, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than drafting effort designed to monopolize the exception (MPEP § 2106.05). Accordingly, the additional limitation(s) do/does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
[101 Analysis Step 2B]
Regarding Step 2B of the Revised Guidance, representative independent claims 1 and 19 and 20 do not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using a processing circuitry of a computer system to perform the “estimates…”, “select…”, “recommend…” and “recommend…” amounts to nothing more than mere instructions to apply the exception using a generic computer component in a system. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. And as discussed above, the additional limitations of “acquire…” the examiner submits that these limitations are insignificant extra-solution activities. Hence, the claims are not patent eligible.
Dependent claims 3-10, 12, 14, 16 and 18 do not recite any further limitations that cause the claims to be directed towards statutory subject matter. The claims merely recite: abstract idea. Each of the further limitations expound upon the abstract ideas and do not recite additional elements integrating the abstract ideas into a practical application or additional elements that are not well-understood, routine or conventional. Therefore, dependent claims 3-10, 12, 14, 16 and 18 are similarly rejected as being directed towards non-statutory subject matter.
Therefore, claims 1, 3-10, 12, 14, 16 and 18-20 is/are ineligible under 35 USC §101.
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.
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) 1, 3-10, 12, 14, 16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Pub No. US 2024/0053158 A1 to Nakamura (Nakamura) in view of Pub No. US 2012/0183873 A1 to Matsusue et. al. (Matsusue) and further in view of Pub No. US 2024/0281771 A1 to Mizutani et. al. (Mizutani).
In Reference to Claim 1
Nakamura teaches (except for the bolded and italic recitations below):
A system, comprising one or more computers including at least one processor, wherein the at least one processor (20) is configured to
acquire information indicating working history of each of a plurality of fuel cells (see at least Nakamura Figs. 1-3 and paragraphs [0044]-[0045] and [0066] “The controller 23 updates the usage history data for the fuel cell vehicle 10 in the memory 22 at a first time set in advance. The first time may be a time at or after the end time when the fuel cell vehicle 10 finishes its operation as a bus, but before the estimation process described below is executed. The usage history data for the fuel cell vehicle 10 may include any data related to the deterioration of the fuel cell 11”, “The usage history data for the fuel cell vehicle 10 may, for example, include at least one of history data on the accelerator position of the fuel cell vehicle 10, history data on the on-board weight of the fuel cell vehicle 10, and history data on the driving resistance of the fuel cell vehicle 10. The amount of electrical energy produced by the fuel cell 11 of the fuel cell vehicle 10 can vary depending on the accelerator position of the fuel cell vehicle 10, the on-board weight of the fuel cell vehicle 10, or the driving resistance of the fuel cell vehicle 10. As the amount of electrical energy produced by the fuel cell 11 changes, the degree of deterioration of the fuel cell 11 can change. In other words, the history data on the accelerator position of the fuel cell vehicle 10, history data on the on-board weight of the fuel cell vehicle 10, and history data on the driving resistance of the fuel cell vehicle 10 can be considered data related to the deterioration of the fuel cell 11” and “At the first time, the controller 23 executes an update process to update the usage history data for each of the fuel cell vehicles 10 (step S1)”);
estimate deterioration degrees of a plurality of members of the plurality of fuel cells based on the acquired working history (see at least Nakamura Figs. 1-3 and paragraphs [0052]-[0053] and [0067], “The controller 23 executes an estimation process to estimate the degree of deterioration of the fuel cell 11 of the fuel cell vehicle 10 before executing the assignment process described below, for example. The degree of deterioration of the fuel cell 11 indicates the extent of deterioration of the fuel cell 11. The extent of deterioration of the fuel cell 11 may be greater as the degree of deterioration of the fuel cell 11 is higher. The degree of deterioration of the fuel cell 11 may be defined by the current-voltage characteristics of the fuel cell 11. The current-voltage characteristics of the fuel cell 11 indicate the relationship between the current value and the voltage value outputted from the fuel cell 11, as described above. For example, as the deterioration of the fuel cell 11 progresses, the internal resistance of the fuel cell 11 increases. The higher the internal resistance of the fuel cell 11, the lower the voltage value of the fuel cell 11 at a predetermined current value of the current-voltage characteristics. In other words, the more deteriorated a fuel cell 11 is, the lower the voltage value of the fuel cell 11 at a predetermined current value of the current-voltage characteristics. The degree of deterioration of the fuel cell 11 may therefore be given by the voltage value of the fuel cell 11 at a predetermined current value of the current-voltage characteristics”, “The controller 23 may execute the estimation process to estimate the degree of deterioration of the fuel cell 11 of the fuel cell vehicle 10 based on the usage history data for a fuel cell vehicle 10. Here, as a fuel cell vehicle 10 is used more frequently, the deterioration of the fuel cell 11 of the fuel cell vehicle 10 can progress more. The degree of deterioration of the fuel cell 11 of a fuel cell vehicle 10 can therefore be estimated based on the usage history data for the fuel cell vehicle 10” and “The controller 23 executes an estimation process to estimate the degree of deterioration of the fuel cell 11 of each of the fuel cell vehicles 10 based on the usage history data for each of the fuel cell vehicles 10 (step S2)”; and
select a first fuel cell from among the plurality of fuel cells and recommend which other fuel cell of the plurality of fuel cells should be replaced with, based on a comparison of the deterioration degrees of the plurality of members of each of the plurality of fuel cells whose deterioration degrees have been estimated (see at least Nakamura Figs. 1-3 and paragraphs [0077] “In the present embodiment, the controller 23 may determine whether the estimated degree of deterioration of the fuel cell 11 is below a threshold. In a case in which the estimated degree of deterioration of the fuel cell 11 is determined to be below a threshold, the controller 23 may transmit, to an external device via the network 2 using the communication interface 21, identification information for the fuel cell vehicle 10 that includes the fuel cell 11, together with a message prompting to replace the fuel cell 11. This configuration enables businesses and others to know when to replace the fuel cell 11”, Nakamura teaches to select the first fuel cell that needs to be replaced), wherein
the at least one processor is further configured to
when a deterioration degree of a first member is higher than a deterioration degree of a second member in the first fuel cell, recommend replacing the first fuel cell with another fuel cell, among the plurality of fuel cells, that has the first member with a lower deterioration degree than a deterioration degree of the second member (see at least Nakamura Figs. 1-3 and paragraphs [0088] “The information processing apparatus according to any one of appendices 1 to 5, further comprising a communication interface, wherein in a case in which the estimated degree of deterioration of the fuel cell is below a threshold, the controller is configured to transmit, to an external device via the communication interface, identification information for the fuel cell vehicle that includes the fuel cell for which the degree of deterioration was estimated, together with a message prompting to replace the fuel cell”).
Nakamura does not teach (bolded and italic recitations above) as to the fuel cell having a first member and a second member and each member having deterioration degree. However, it is well known in the art before the effective filing date of the claimed invention to the fuel cell having a first member and a second member and each member having deterioration degree. For example, Matsusue teaches that the fuel cell having a first member and a second member and each member having deterioration degree (see at least Matsusue Figs. 1-4 and paragraphs 5, 15, 17, 56-57, 60). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the fuel cell of Nakamura having a first member and a second member and each member having deterioration degree as evidence by Matsusue.
Nakamura in view of Matsusue does not teach (bolded and italic recitations above) as to recommend which other fuel cell of the plurality of fuel cells should be replaced with, based on a comparison of the deterioration degrees of the plurality of members of each of the plurality of fuel cells whose deterioration degrees and when a deterioration degree of a first member is higher than a deterioration degree of a second member in the first fuel cell, recommend replacing the first fuel cell with another fuel cell, among the plurality of fuel cells, that has the first member with a lower deterioration degree than a deterioration degree of the second member. However, it is known in the art before the effective filing date of the claimed invention to recommend which other fuel cell of the plurality of fuel cells (components) should be replaced with, based on a comparison of the deterioration degrees of the plurality of members of each of the plurality of fuel cells (components) whose deterioration degrees and when a deterioration degree of a first member is higher than a deterioration degree of a second member in the first fuel cell (components), recommend replacing the first fuel cell (component) with another fuel cell (component), among the plurality of fuel cells (components), that has the first member with a lower deterioration degree than a deterioration degree of the second member. For example, Mizutani teaches to recommend which component of the plurality of components should be replaced with, based on a comparison of the deterioration degrees of the plurality of members (e.g. housing, lamps, lenses and extensions) of each of the plurality of components whose deterioration degrees and when a deterioration degree of a first member (e.g. housing, lamps, lenses and extensions) is higher than a deterioration degree of a second member (e.g. housing, lamps, lenses and extensions) in the first component, recommend replacing the first component with another component, among the components, that has the first member (e.g. housing, lamps, lenses and extensions) with a lower deterioration degree than a deterioration degree of the second member(e.g. housing, lamps, lenses and extensions). Mizutani further teaches that performing such steps provide improvement of the usefulness of the service for matching users who wish to exchange components of the vehicle with each other (see at least Mizutani Figs. 1-5 and paragraphs 25, 44-65 and 71). Therefore 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 system of Nakamura in view of Matsusue to perform the functions of recommend which other fuel cell of the plurality of fuel cells should be replaced with, based on a comparison of the deterioration degrees of the plurality of members of each of the plurality of fuel cells whose deterioration degrees and when a deterioration degree of a first member is higher than a deterioration degree of a second member in the first fuel cell, recommend replacing the first fuel cell with another fuel cell, among the plurality of fuel cells, that has the first member with a lower deterioration degree than a deterioration degree of the second member as taught by Mizutani in order to improve the usefulness of the service for matching users who wish to exchange components of the vehicle with each other.
In Reference to Claim 3
The system according to claim 1 (see rejection to claim 1 above), wherein the first member is an electrocatalyst of the fuel cell and the second member is an electrolytic membrane of the fuel cell (see at least Matsusue Figs. 1-4 and paragraphs 5, 15, 17, 56-57, 60).
In Reference to Claim 4
The system according to claim 1 (see rejection to claim 1 above), wherein the plurality of fuel cells are provided in a plurality of movable objects (10), the working history includes information indicating at least one of working history of each of the plurality of fuel cells or operation history related to traveling of the plurality of movable objects (10), and the at least one processor (20) is further configured to estimate deterioration degrees of the plurality of members of the plurality of fuel cells based on the working history (see at least Nakamura Figs. 1-3 and paragraphs [0074] “Furthermore, in the present embodiment, the controller 23 may update the usage history data for the fuel cell vehicle 10 at the first time. The degree of deterioration of the fuel cell 11 can be estimated accurately by updating of the usage history data of the fuel cell vehicle 10”).
In Reference to Claim 5
The system according to claim 1 (see rejection to claim 1 above), wherein the plurality of fuel cells are provided in a plurality of movable objects (10), and the at least one processor (20) is further configured to estimate a traveling mode of each of the plurality of movable objects (10) based on working history of each of the plurality of movable objects (10), and estimate deterioration degrees of the plurality of members of the plurality of fuel cells based on the traveling mode of each of the plurality of movable objects (10) (see at least Nakamura Figs. 1-3 and paragraphs [0049] “History data on the use of the fuel cell vehicle 10 may include, for example, history data on the gradient of the road surface traveled by the fuel cell vehicle 10. The amount of electrical energy produced by the fuel cell 11 of a fuel cell vehicle 10 can vary depending on the gradient of the road surface on which the fuel cell vehicle 10 has traveled. As the amount of electrical energy produced by the fuel cell 11 changes, the degree of deterioration of the fuel cell 11 can change. In other words, the history data on the gradient of the road surface traveled by the fuel cell vehicle 10 can be data related to the deterioration of the fuel cell 11. The controller 23 may identify the operation route driven by the fuel cell vehicle 10 using the operation schedule for the fuel cell vehicle 10. The controller 23 may acquire data on the gradient of the road surface of the identified operation route from the memory 22. The controller 23 may use the acquired data on the gradient of the road surface of the operation route to update the history data, on the gradient of the road surface traveled by the fuel cell vehicle 10, included in the usage history data for the fuel cell vehicle 10 in the memory 22”).
In Reference to Claim 6
The system according to claim 5 (see rejection to claim 5 above), wherein the traveling mode includes a mode which is based on a type of road on which each of the plurality of movable objects has mainly traveled (see at least Nakamura Figs. 1-3 and paragraphs [0038], [0039] “The memory 22 stores, for example, data on the usage history of each of the fuel cell vehicles 10. The memory 22 stores, for example, data on the gradient of the road surface and the friction coefficient of the road surface for each of the operation routes” and “The memory 22 stores data on the load on the fuel cell 11 on each of the operation routes. The load on the fuel cell 11 on an operation route is the load on the fuel cell 11 of the fuel cell vehicle 10 as the fuel cell vehicle 10 travels that operation route. The load on the fuel cell 11 on the operation route may be estimated based on the gradient of the road surface along the operation route. The load on the fuel cell 11 on the operation route may be estimated to be greater as the gradient of the road surface on the operation route is greater. The load on the fuel cell 11 on the operation route may be estimated based on the results of counting the number of hills included in the operation route. The load on the fuel cell 11 on the operation route may be estimated based on the gradient of the road surface and the distance of the road surface. The load on the fuel cell 11 on the operation route may be estimated by the controller 23 or by another information processing apparatus”).
In Reference to Claim 7
The system according to claim 6 (see rejection to claim 6 above), wherein the traveling mode includes a mode in which each of the plurality of movable objects mainly travels on a highway and a mode in which each of the plurality of movable objects mainly travels on an ordinary road, the plurality of members include an electrocatalyst provided in the fuel cell, and the at least one processor is further configured to estimate a deterioration degree of an electrocatalyst of a fuel cell provided in a movable object among the plurality of movable objects that has mainly traveled on the ordinary road to be higher than a deterioration degree of an electrocatalyst of a fuel cell provided in a movable object among the plurality of movable objects that has mainly traveled on the highway (see at least Nakamura Figs. 1-3 and paragraphs [0049] “History data on the use of the fuel cell vehicle 10 may include, for example, history data on the gradient of the road surface traveled by the fuel cell vehicle 10. The amount of electrical energy produced by the fuel cell 11 of a fuel cell vehicle 10 can vary depending on the gradient of the road surface on which the fuel cell vehicle 10 has traveled. As the amount of electrical energy produced by the fuel cell 11 changes, the degree of deterioration of the fuel cell 11 can change. In other words, the history data on the gradient of the road surface traveled by the fuel cell vehicle 10 can be data related to the deterioration of the fuel cell 11. The controller 23 may identify the operation route driven by the fuel cell vehicle 10 using the operation schedule for the fuel cell vehicle 10. The controller 23 may acquire data on the gradient of the road surface of the identified operation route from the memory 22. The controller 23 may use the acquired data on the gradient of the road surface of the operation route to update the history data, on the gradient of the road surface traveled by the fuel cell vehicle 10, included in the usage history data for the fuel cell vehicle 10 in the memory 22”) (Nakamura teaches that deterioration is based on how long time the vehicle has been continuously driven therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that if the vehicle driven in the ordinary road much longer than the vehicle driven in the highway would have higher degree of deterioration as evidence by Nakamura) (see at least Nakamura Figs. 1-3 and paragraphs 38-39 and 49).
In Reference to Claim 8
The system according to claim 6 (see rejection to claim 6 above), wherein the traveling mode includes a mode in which each of the plurality of movable objects (10) travels on an uphill road having an upward gradient that is higher than a predetermined value, the plurality of members include an electrolytic membrane of the fuel cell, and the at least one processor is further configured to estimate a deterioration degree of an electrolytic membrane of a fuel cell provided in a movable object among the plurality of movable objects that has a larger traveling amount on the uphill road, to be higher (see at least Nakamura Figs. 1-3 and paragraphs [0039] “The memory 22 stores data on the load on the fuel cell 11 on each of the operation routes. The load on the fuel cell 11 on an operation route is the load on the fuel cell 11 of the fuel cell vehicle 10 as the fuel cell vehicle 10 travels that operation route. The load on the fuel cell 11 on the operation route may be estimated based on the gradient of the road surface along the operation route. The load on the fuel cell 11 on the operation route may be estimated to be greater as the gradient of the road surface on the operation route is greater. The load on the fuel cell 11 on the operation route may be estimated based on the results of counting the number of hills included in the operation route. The load on the fuel cell 11 on the operation route may be estimated based on the gradient of the road surface and the distance of the road surface. The load on the fuel cell 11 on the operation route may be estimated by the controller 23 or by another information processing apparatus”) (Nakamura teaches that deterioration is based on how long time the vehicle has been continuously driven and also with higher load in uphill areas therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that if the vehicle driven in the uphill much longer than the vehicle would have higher degree of deterioration as evidence by Nakamura) (see at least Nakamura Figs. 1-3 and paragraphs 38-39 and 49).
In Reference to Claim 9
The system according to claim 6 (see rejection to claim 6 above), wherein the traveling mode includes a mode in which each of the plurality of movable objects travels on a downhill road having a downward gradient that is higher than a predetermined value, the plurality of members include an electrocatalyst of the fuel cell, and the at least one processor is further configured to estimate a deterioration degree of an electrocatalyst of ta fuel cell provided in a movable object among the plurality of movable objects that has a larger traveling amount on the downhill road, to be higher (see at least Nakamura Figs. 1-3 and paragraphs [0039] “The memory 22 stores data on the load on the fuel cell 11 on each of the operation routes. The load on the fuel cell 11 on an operation route is the load on the fuel cell 11 of the fuel cell vehicle 10 as the fuel cell vehicle 10 travels that operation route. The load on the fuel cell 11 on the operation route may be estimated based on the gradient of the road surface along the operation route. The load on the fuel cell 11 on the operation route may be estimated to be greater as the gradient of the road surface on the operation route is greater. The load on the fuel cell 11 on the operation route may be estimated based on the results of counting the number of hills included in the operation route. The load on the fuel cell 11 on the operation route may be estimated based on the gradient of the road surface and the distance of the road surface. The load on the fuel cell 11 on the operation route may be estimated by the controller 23 or by another information processing apparatus”) (Nakamura teaches that deterioration is based on how long time the vehicle has been continuously driven therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that if the vehicle driven in the downhill much longer than the vehicle would have higher degree of deterioration as evidence by Nakamura) (see at least Nakamura Figs. 1-3 and paragraphs 38-39 and 49).
In Reference to Claim 10
The system according to claim 4 (see rejection to claim 4 above), wherein the plurality of movable objects are vehicles (see at least Nakamura Figs. 1-3 and paragraphs 17-18).
In Reference to Claim 12
The system according to claim 3 (see rejection to claim 3 above), wherein the plurality of fuel cells are provided in a plurality of movable objects (10), the working history includes information indicating at least one of working history of each of the plurality of fuel cells or operation history related to traveling of the plurality of movable objects (10), and the at least one processor (20) is further configured to estimate deterioration degrees of the plurality of members of the plurality of fuel cells based on the working history (see at least Nakamura Figs. 1-3 and paragraphs [0074] “Furthermore, in the present embodiment, the controller 23 may update the usage history data for the fuel cell vehicle 10 at the first time. The degree of deterioration of the fuel cell 11 can be estimated accurately by updating of the usage history data of the fuel cell vehicle 10”).
In Reference to Claim 14
The system according to claim 3 (see rejection to claim 3 above), wherein the plurality of fuel cells are provided in a plurality of movable objects (10), and the at least one processor (20) is further configured to estimate a traveling mode of each of the plurality of movable objects (10) based on working history of each of the plurality of movable objects (10), and estimates deterioration degrees of the plurality of members of the plurality of fuel cells based on the traveling mode of each of the plurality of movable objects (10) (see at least Nakamura Figs. 1-3 and paragraphs [0049] “History data on the use of the fuel cell vehicle 10 may include, for example, history data on the gradient of the road surface traveled by the fuel cell vehicle 10. The amount of electrical energy produced by the fuel cell 11 of a fuel cell vehicle 10 can vary depending on the gradient of the road surface on which the fuel cell vehicle 10 has traveled. As the amount of electrical energy produced by the fuel cell 11 changes, the degree of deterioration of the fuel cell 11 can change. In other words, the history data on the gradient of the road surface traveled by the fuel cell vehicle 10 can be data related to the deterioration of the fuel cell 11. The controller 23 may identify the operation route driven by the fuel cell vehicle 10 using the operation schedule for the fuel cell vehicle 10. The controller 23 may acquire data on the gradient of the road surface of the identified operation route from the memory 22. The controller 23 may use the acquired data on the gradient of the road surface of the operation route to update the history data, on the gradient of the road surface traveled by the fuel cell vehicle 10, included in the usage history data for the fuel cell vehicle 10 in the memory 22”).
In Reference to Claim 16
The system according to claim 14 (see rejection to claim 14 above), wherein the traveling mode includes a mode which is based on a type of road on which each of the plurality of movable objects has mainly traveled (see at least Nakamura Figs. 1-3 and paragraphs [0039] “The memory 22 stores data on the load on the fuel cell 11 on each of the operation routes. The load on the fuel cell 11 on an operation route is the load on the fuel cell 11 of the fuel cell vehicle 10 as the fuel cell vehicle 10 travels that operation route. The load on the fuel cell 11 on the operation route may be estimated based on the gradient of the road surface along the operation route. The load on the fuel cell 11 on the operation route may be estimated to be greater as the gradient of the road surface on the operation route is greater. The load on the fuel cell 11 on the operation route may be estimated based on the results of counting the number of hills included in the operation route. The load on the fuel cell 11 on the operation route may be estimated based on the gradient of the road surface and the distance of the road surface. The load on the fuel cell 11 on the operation route may be estimated by the controller 23 or by another information processing apparatus”).
In Reference to Claim 18
The system according to claim 16 (see rejection to claim 16 above), wherein the traveling mode includes a mode in which each of the plurality of movable objects mainly travels on a highway and a mode in which each of the plurality of movable objects mainly travels on an ordinary road, the plurality of members include an electrocatalyst provided in the fuel cell, and the at least one processor is further configured to estimate a deterioration degree of an electrocatalyst of a fuel cell provided in a movable object among the plurality of movable objects that has mainly traveled on the ordinary road to be higher than a deterioration degree of an electrocatalyst of a fuel cell provided in a movable object among the plurality of movable objects that has mainly traveled on the highway (see at least Nakamura Figs. 1-3 and paragraphs [0049] “History data on the use of the fuel cell vehicle 10 may include, for example, history data on the gradient of the road surface traveled by the fuel cell vehicle 10. The amount of electrical energy produced by the fuel cell 11 of a fuel cell vehicle 10 can vary depending on the gradient of the road surface on which the fuel cell vehicle 10 has traveled. As the amount of electrical energy produced by the fuel cell 11 changes, the degree of deterioration of the fuel cell 11 can change. In other words, the history data on the gradient of the road surface traveled by the fuel cell vehicle 10 can be data related to the deterioration of the fuel cell 11. The controller 23 may identify the operation route driven by the fuel cell vehicle 10 using the operation schedule for the fuel cell vehicle 10. The controller 23 may acquire data on the gradient of the road surface of the identified operation route from the memory 22. The controller 23 may use the acquired data on the gradient of the road surface of the operation route to update the history data, on the gradient of the road surface traveled by the fuel cell vehicle 10, included in the usage history data for the fuel cell vehicle 10 in the memory 22”) (Nakamura teaches that deterioration is based on how long time the vehicle has been continuously driven therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that if the vehicle driven in the ordinary road much longer than the vehicle driven in the highway would have higher degree of deterioration as evidence by Nakamura) (see at least Nakamura Figs. 1-3 and paragraphs 38-39 and 49).
In Reference to Claim 19
Nakamura teaches (except for the bolded and italic recitations below):
A method, comprising:
acquiring information indicating working history of each of a plurality of fuel cells (see at least Nakamura Figs. 1-3 and paragraphs [0044]-[0045] and [0066] “The controller 23 updates the usage history data for the fuel cell vehicle 10 in the memory 22 at a first time set in advance. The first time may be a time at or after the end time when the fuel cell vehicle 10 finishes its operation as a bus, but before the estimation process described below is executed. The usage history data for the fuel cell vehicle 10 may include any data related to the deterioration of the fuel cell 11”, “The usage history data for the fuel cell vehicle 10 may, for example, include at least one of history data on the accelerator position of the fuel cell vehicle 10, history data on the on-board weight of the fuel cell vehicle 10, and history data on the driving resistance of the fuel cell vehicle 10. The amount of electrical energy produced by the fuel cell 11 of the fuel cell vehicle 10 can vary depending on the accelerator position of the fuel cell vehicle 10, the on-board weight of the fuel cell vehicle 10, or the driving resistance of the fuel cell vehicle 10. As the amount of electrical energy produced by the fuel cell 11 changes, the degree of deterioration of the fuel cell 11 can change. In other words, the history data on the accelerator position of the fuel cell vehicle 10, history data on the on-board weight of the fuel cell vehicle 10, and history data on the driving resistance of the fuel cell vehicle 10 can be considered data related to the deterioration of the fuel cell 11” and “At the first time, the controller 23 executes an update process to update the usage history data for each of the fuel cell vehicles 10 (step S1)”);
estimating deterioration degrees of a plurality of members of the plurality of fuel cells based on the working history acquired by the acquiring (see at least Nakamura Figs. 1-3 and paragraphs [0052]-[0053] and [0067], “The controller 23 executes an estimation process to estimate the degree of deterioration of the fuel cell 11 of the fuel cell vehicle 10 before executing the assignment process described below, for example. The degree of deterioration of the fuel cell 11 indicates the extent of deterioration of the fuel cell 11. The extent of deterioration of the fuel cell 11 may be greater as the degree of deterioration of the fuel cell 11 is higher. The degree of deterioration of the fuel cell 11 may be defined by the current-voltage characteristics of the fuel cell 11. The current-voltage characteristics of the fuel cell 11 indicate the relationship between the current value and the voltage value outputted from the fuel cell 11, as described above. For example, as the deterioration of the fuel cell 11 progresses, the internal resistance of the fuel cell 11 increases. The higher the internal resistance of the fuel cell 11, the lower the voltage value of the fuel cell 11 at a predetermined current value of the current-voltage characteristics. In other words, the more deteriorated a fuel cell 11 is, the lower the voltage value of the fuel cell 11 at a predetermined current value of the current-voltage characteristics. The degree of deterioration of the fuel cell 11 may therefore be given by the voltage value of the fuel cell 11 at a predetermined current value of the current-voltage characteristics”, “The controller 23 may execute the estimation process to estimate the degree of deterioration of the fuel cell 11 of the fuel cell vehicle 10 based on the usage history data for a fuel cell vehicle 10. Here, as a fuel cell vehicle 10 is used more frequently, the deterioration of the fuel cell 11 of the fuel cell vehicle 10 can progress more. The degree of deterioration of the fuel cell 11 of a fuel cell vehicle 10 can therefore be estimated based on the usage history data for the fuel cell vehicle 10” and “The controller 23 executes an estimation process to estimate the degree of deterioration of the fuel cell 11 of each of the fuel cell vehicles 10 based on the usage history data for each of the fuel cell vehicles 10 (step S2))”; and
selecting a first fuel cell from among the plurality of fuel cells and recommending which other fuel cell of the plurality of fuel cells should be replaced with, based on a comparison of the deterioration degrees of the plurality of members of each of the plurality of fuel cells whose deterioration degrees have been estimated in the estimating (see at least Nakamura Figs. 1-3 and paragraphs [0077] “In the present embodiment, the controller 23 may determine whether the estimated degree of deterioration of the fuel cell 11 is below a threshold. In a case in which the estimated degree of deterioration of the fuel cell 11 is determined to be below a threshold, the controller 23 may transmit, to an external device via the network 2 using the communication interface 21, identification information for the fuel cell vehicle 10 that includes the fuel cell 11, together with a message prompting to replace the fuel cell 11. This configuration enables businesses and others to know when to replace the fuel cell 11”, Nakamura teaches to select the first fuel cell that needs to be replaced),
wherein the selecting and recommending includes
when a deterioration degree of a first member is higher than a deterioration degree of a second member in the first fuel cell, recommending replacing the first fuel cell with another fuel cell, among the plurality of fuel cells, that has the first member with a lower deterioration degree than a deterioration degree of the second member (see at least Nakamura Figs. 1-3 and paragraphs [0088], “The information processing apparatus according to any one of appendices 1 to 5, further comprising a communication interface, wherein in a case in which the estimated degree of deterioration of the fuel cell is below a threshold, the controller is configured to transmit, to an external device via the communication interface, identification information for the fuel cell vehicle that includes the fuel cell for which the degree of deterioration was estimated, together with a message prompting to replace the fuel cell”).
Nakamura does not teach (bolded and italic recitations above) as to the fuel cell having a first member and a second member and each member having deterioration degree. However, it is well known in the art before the effective filing date of the claimed invention to the fuel cell having a first member and a second member and each member having deterioration degree. For example, Matsusue teaches that the fuel cell having a first member and a second member and each member having deterioration degree (see at least Matsusue Figs. 1-4 and paragraphs 5, 15, 17, 56-57, 60). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the fuel cell of Nakamura having a first member and a second member and each member having deterioration degree as evidence by Matsusue.
Nakamura in view of Matsusue does not teach (bolded and italic recitations above) as to recommending which other fuel cell of the plurality of fuel cells should be replaced with, based on a comparison of the deterioration degrees of the plurality of members of each of the plurality of fuel cells whose deterioration degrees and when a deterioration degree of a first member is higher than a deterioration degree of a second member in the first fuel cell, recommending replacing the first fuel cell with another fuel cell, among the plurality of fuel cells, that has the first member with a lower deterioration degree than a deterioration degree of the second member. However, it is known in the art before the effective filing date of the claimed invention to recommending which other fuel cell of the plurality of fuel cells (components) should be replaced with, based on a comparison of the deterioration degrees of the plurality of members of each of the plurality of fuel cells (components) whose deterioration degrees and when a deterioration degree of a first member is higher than a deterioration degree of a second member in the first fuel cell (components), recommending replacing the first fuel cell (component) with another fuel cell (component), among the plurality of fuel cells (components), that has the first member with a lower deterioration degree than a deterioration degree of the second member. For example, Mizutani teaches to recommending which component of the plurality of components should be replaced with, based on a comparison of the deterioration degrees of the plurality of members (e.g. housing, lamps, lenses and extensions) of each of the plurality of components whose deterioration degrees and when a deterioration degree of a first member (e.g. housing, lamps, lenses and extensions) is higher than a deterioration degree of a second member (e.g. housing, lamps, lenses and extensions) in the first component, recommend replacing the first component with another component, among the components, that has the first member (e.g. housing, lamps, lenses and extensions) with a lower deterioration degree than a deterioration degree of the second member(e.g. housing, lamps, lenses and extensions). Mizutani further teaches that performing such steps provide improvement of the usefulness of the service for matching users who wish to exchange components of the vehicle with each other (see at least Mizutani Figs. 1-5 and paragraphs 25, 44-65 and 71). Therefore 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 system of Nakamura in view of Matsusue to perform the steps of recommending which other fuel cell of the plurality of fuel cells should be replaced with, based on a comparison of the deterioration degrees of the plurality of members of each of the plurality of fuel cells whose deterioration degrees and when a deterioration degree of a first member is higher than a deterioration degree of a second member in the first fuel cell, recommending replacing the first fuel cell with another fuel cell, among the plurality of fuel cells, that has the first member with a lower deterioration degree than a deterioration degree of the second member as taught by Mizutani in order to improve the usefulness of the service for matching users who wish to exchange components of the vehicle with each other.
In Reference to Claim 20
Nakamura teaches (except for the bolded and italic recitations below):
A non-transitory computer-readable storage medium storing therein a program which causes a computer to:
acquire information indicating working history of each of a plurality of fuel cells (see at least Nakamura Figs. 1-3 and paragraphs [0044]-[0045] and [0066] “The controller 23 updates the usage history data for the fuel cell vehicle 10 in the memory 22 at a first time set in advance. The first time may be a time at or after the end time when the fuel cell vehicle 10 finishes its operation as a bus, but before the estimation process described below is executed. The usage history data for the fuel cell vehicle 10 may include any data related to the deterioration of the fuel cell 11”, “The usage history data for the fuel cell vehicle 10 may, for example, include at least one of history data on the accelerator position of the fuel cell vehicle 10, history data on the on-board weight of the fuel cell vehicle 10, and history data on the driving resistance of the fuel cell vehicle 10. The amount of electrical energy produced by the fuel cell 11 of the fuel cell vehicle 10 can vary depending on the accelerator position of the fuel cell vehicle 10, the on-board weight of the fuel cell vehicle 10, or the driving resistance of the fuel cell vehicle 10. As the amount of electrical energy produced by the fuel cell 11 changes, the degree of deterioration of the fuel cell 11 can change. In other words, the history data on the accelerator position of the fuel cell vehicle 10, history data on the on-board weight of the fuel cell vehicle 10, and history data on the driving resistance of the fuel cell vehicle 10 can be considered data related to the deterioration of the fuel cell 11” and “At the first time, the controller 23 executes an update process to update the usage history data for each of the fuel cell vehicles 10 (step S1)”);
estimate deterioration degrees of a plurality of members of the plurality of fuel cells based on the acquired working history (see at least Nakamura Figs. 1-3 and paragraphs [0052]-[0053] and [0067], “The controller 23 executes an estimation process to estimate the degree of deterioration of the fuel cell 11 of the fuel cell vehicle 10 before executing the assignment process described below, for example. The degree of deterioration of the fuel cell 11 indicates the extent of deterioration of the fuel cell 11. The extent of deterioration of the fuel cell 11 may be greater as the degree of deterioration of the fuel cell 11 is higher. The degree of deterioration of the fuel cell 11 may be defined by the current-voltage characteristics of the fuel cell 11. The current-voltage characteristics of the fuel cell 11 indicate the relationship between the current value and the voltage value outputted from the fuel cell 11, as described above. For example, as the deterioration of the fuel cell 11 progresses, the internal resistance of the fuel cell 11 increases. The higher the internal resistance of the fuel cell 11, the lower the voltage value of the fuel cell 11 at a predetermined current value of the current-voltage characteristics. In other words, the more deteriorated a fuel cell 11 is, the lower the voltage value of the fuel cell 11 at a predetermined current value of the current-voltage characteristics. The degree of deterioration of the fuel cell 11 may therefore be given by the voltage value of the fuel cell 11 at a predetermined current value of the current-voltage characteristics”, “The controller 23 may execute the estimation process to estimate the degree of deterioration of the fuel cell 11 of the fuel cell vehicle 10 based on the usage history data for a fuel cell vehicle 10. Here, as a fuel cell vehicle 10 is used more frequently, the deterioration of the fuel cell 11 of the fuel cell vehicle 10 can progress more. The degree of deterioration of the fuel cell 11 of a fuel cell vehicle 10 can therefore be estimated based on the usage history data for the fuel cell vehicle 10” and “The controller 23 executes an estimation process to estimate the degree of deterioration of the fuel cell 11 of each of the fuel cell vehicles 10 based on the usage history data for each of the fuel cell vehicles 10 (step S2)”; and
select a first fuel cell from among the plurality of fuel cells and recommend which other fuel cell of the plurality of fuel cells should be replaced with, based on a comparison of the deterioration degrees of the plurality of members of each of the plurality of fuel cells whose deterioration degrees have been estimated (see at least Nakamura Figs. 1-3 and paragraphs [0077] “In the present embodiment, the controller 23 may determine whether the estimated degree of deterioration of the fuel cell 11 is below a threshold. In a case in which the estimated degree of deterioration of the fuel cell 11 is determined to be below a threshold, the controller 23 may transmit, to an external device via the network 2 using the communication interface 21, identification information for the fuel cell vehicle 10 that includes the fuel cell 11, together with a message prompting to replace the fuel cell 11. This configuration enables businesses and others to know when to replace the fuel cell 11”, Nakamura teaches to select the first fuel cell that needs to be replaced), wherein
the at least one processor is further configured to
when a deterioration degree of a first member is higher than a deterioration degree of a second member in the first fuel cell, recommend replacing the first fuel cell with another fuel cell, among the plurality of fuel cells, that has the first member with a lower deterioration degree than a deterioration degree of the second member (see at least Nakamura Figs. 1-3 and paragraphs [0088], “The information processing apparatus according to any one of appendices 1 to 5, further comprising a communication interface, wherein in a case in which the estimated degree of deterioration of the fuel cell is below a threshold, the controller is configured to transmit, to an external device via the communication interface, identification information for the fuel cell vehicle that includes the fuel cell for which the degree of deterioration was estimated, together with a message prompting to replace the fuel cell”).
Nakamura does not teach (bolded and italic recitations above) as to the fuel cell having a first member and a second member and each member having deterioration degree. However, it is well known in the art before the effective filing date of the claimed invention to the fuel cell having a first member and a second member and each member having deterioration degree. For example, Matsusue teaches that the fuel cell having a first member and a second member and each member having deterioration degree (see at least Matsusue Figs. 1-4 and paragraphs 5, 15, 17, 56-57, 60). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the fuel cell of Nakamura having a first member and a second member and each member having deterioration degree as evidence by Matsusue.
Nakamura in view of Matsusue does not teach (bolded and italic recitations above) as to recommend which other fuel cell of the plurality of fuel cells should be replaced with, based on a comparison of the deterioration degrees of the plurality of members of each of the plurality of fuel cells whose deterioration degrees and when a deterioration degree of a first member is higher than a deterioration degree of a second member in the first fuel cell, recommend replacing the first fuel cell with another fuel cell, among the plurality of fuel cells, that has the first member with a lower deterioration degree than a deterioration degree of the second member. However, it is known in the art before the effective filing date of the claimed invention to recommend which other fuel cell of the plurality of fuel cells (components) should be replaced with, based on a comparison of the deterioration degrees of the plurality of members of each of the plurality of fuel cells (components) whose deterioration degrees and when a deterioration degree of a first member is higher than a deterioration degree of a second member in the first fuel cell (components), recommend replacing the first fuel cell (component) with another fuel cell (component), among the plurality of fuel cells (components), that has the first member with a lower deterioration degree than a deterioration degree of the second member. For example, Mizutani teaches to recommend which component of the plurality of components should be replaced with, based on a comparison of the deterioration degrees of the plurality of members (e.g. housing, lamps, lenses and extensions) of each of the plurality of components whose deterioration degrees and when a deterioration degree of a first member (e.g. housing, lamps, lenses and extensions) is higher than a deterioration degree of a second member (e.g. housing, lamps, lenses and extensions) in the first component, recommend replacing the first component with another component, among the components, that has the first member (e.g. housing, lamps, lenses and extensions) with a lower deterioration degree than a deterioration degree of the second member(e.g. housing, lamps, lenses and extensions). Mizutani further teaches that performing such steps provide improvement of the usefulness of the service for matching users who wish to exchange components of the vehicle with each other (see at least Mizutani Figs. 1-5 and paragraphs 25, 44-65 and 71). Therefore 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 system of Nakamura in view of Matsusue to perform the functions of recommend which other fuel cell of the plurality of fuel cells should be replaced with, based on a comparison of the deterioration degrees of the plurality of members of each of the plurality of fuel cells whose deterioration degrees and when a deterioration degree of a first member is higher than a deterioration degree of a second member in the first fuel cell, recommend replacing the first fuel cell with another fuel cell, among the plurality of fuel cells, that has the first member with a lower deterioration degree than a deterioration degree of the second member as taught by Mizutani in order to improve the usefulness of the service for matching users who wish to exchange components of the vehicle with each other.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3-10, 12, 14, 16 and 18-20 have been considered but are moot because the new ground of rejection does not rely on all reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed 2/25/2026 regarding rejection under 35 U.S.C. 101 have been fully considered but they are not persuasive.
The applicant argues that “The Examiner states that acquiring working history, estimating deterioration degrees, and recommending replacement can be performed as a "mental process," and thus the claim recites an abstract idea. However, amended claim I is not fairly characterized as a mere mental process. The claim requires computerized processing of working history information for each of a plurality of fuel cells, and estimation of deterioration degrees for a plurality of members of those fuel cells, followed by a selection/recommendation that is expressly tied to comparisons of member-level deterioration degrees across multiple fuel cells. This is not a scenario of a single human "looking at information and deciding," but rather a system that processes and compares deterioration information at scale across multiple fuel cells and multiple members to produce a constrained selection/recommendation. The specification explains that deterioration differs by member (e.g., membrane vs. catalyst) depending on usage history/driving conditions, and that deterioration information is accumulated and used for selecting a fuel cell suitable for reuse and replacement. Further, the amendment adds a concrete, rule-based condition: "when a deterioration degree of a first member is higher than a deterioration degree of a second member in the first fuel cell," then the system recommends replacement with another fuel cell that "has the first member with a lower deterioration degree than a deterioration degree of the second member." This is a specific, technical selection criterion grounded in member- level deterioration behavior, not an untethered or purely conceptual recommendation” and the examiner respectfully disagrees with the applicant’s argument since since once the history data is gathered a person can perform determination of the deterioration degrees across multiple fuel cells (since merely requires some kind of formula) and comparing deterioration information to determine which fuel cell should be replace with another can be done in person’s mind.
The applicant argues that “The Examiner states that the claim merely collects/analyzes information and provides a recommendation using generic components, and therefore is not integrated into a practical application. However, amended claim 1 integrates the alleged abstract concept into a practical application in the field of fuel-cell maintenance and reuse by requiring a member- deterioration-based selection of a replacement fuel cell that addresses a technological problem described in the specification: fuel cells may be discarded even though some members remain usable, because deterioration progresses unevenly among different members depending on usage history. The claimed features (triggering on a member-to- member deterioration imbalance within a selected fuel cell, and selecting a replacement fuel cell constrained by the recited member-level deterioration relationship) directly supports the practical maintenance operation of reusing fuel cells based on differences in deterioration degrees among members, thereby enabling longer usage of fuel cells and reducing premature disposal. These are real-world operational outcomes in a specific technical domain, not merely "displaying" or "organizing" information. In other words, the claim does not end with an abstract evaluation; it uses member-level deterioration comparisons to select an appropriate fuel cell for replacement-a concrete step in a maintenance process that changes how fuel-cell assets are managed and reused. This is precisely the type of integration into a practical application. Thus, even if the Examiner were to view parts of the claim as involving "analysis," the amended claim as a whole is integrated into a practical application in fuel- cell maintenance/reuse.” The examiner respectfully disagrees with the applicant’s argument since the claims do not require physical replacement of the fuel cell but instead merely recommends which fuel cell to replace which can be done in the person’s mind and further merely recommending something does not actually require to do anything with the recommendation.
The applicant argues that “However, amended claim 1 includes additional limitations that amount to significantly more than the alleged abstract idea, because the claim recites a particular, technical decision rule that is not merely "an instruction to apply" an abstract concept. Specifically, the claim requires: "selecting a first fuel cell from among a plurality of fuel cells and making the recommendation based on a comparison of deterioration degrees of multiple members of each fuel cell whose deterioration degrees have been estimated;" and a conditional control rule: "when a deterioration degree of a first member is higher than that of a second member in the first fuel cell, then recommending replacement with another fuel cell that has the first member with a lower deterioration degree than a deterioration degree of the second member." This is not a generic "analyze and recommend" limitation. It is a specific member-deterioration-based matching constraint that implements the specification's technical approach for reusing fuel cells depending on differences in deterioration degrees among members to achieve longer usage of the fuel cell (i.e., addressing the uneven deterioration problem and avoiding waste of usable members). Also, these limitations are consistent with (and reinforce) Applicant's § 103 position that the cited art does not teach comparing member-level deterioration across fuel cells to select a replacement fuel cell meeting the recited member-deterioration relationship, nor does it yield the same technical effect of enabling reuse in the claimed manner. The §101 analysis should likewise credit the claim's concrete, domain-specific selection logic and its technical effect in fuel-cell maintenance/reuse. Thus, even under Step 2B, amended claim 1 recites significantly more than any alleged abstract idea. Accordingly, withdrawal of the 35 U.S.C. § 101 rejections of the pending claims is respectfully requested” The examiner respectfully disagrees with the applicant’s argument since the claims do not have “significantly more” since the claims do not recite any instructions to actually performing the replacement of the fuel cell and “selecting” can be just done in the mind and since further steps are estimate and recommend which can be just done in the mind and the claims are rejected under 103 however even if there is no art rejection does not mean the claims are automatically overcome 101 rejection. The examiner suggests amending the claims to include a step of actually replacing the fuel cell based on the recommendation in order to overcome the 101 rejection above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pub No. US 2018/0175416 A1 to Kim et. al. (Kim) teaches that fuel cell have multiple parts and each deterioration can be determined.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON DONGPA LEE whose telephone number is (571)270-3525. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm.
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/BRANDON D LEE/Primary Examiner, Art Unit 3662 May 24, 2026
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