Prosecution Insights
Last updated: October 25, 2026
Application No. 18/659,054

METHOD FOR DIAGNOSING A FUEL CELL SYSTEM, SYSTEM CONTROL DEVICE FOR IMPLEMENTING SUCH A METHOD, AND FUEL CELL SYSTEM INCLUDING SUCH A SYSTEM CONTROL DEVICE

Non-Final OA §103§112
Filed
May 09, 2024
Priority
Nov 09, 2021 — DE 10 2021 212 618.9 +2 more
Examiner
SULTANA, DILARA
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Rolls-Royce
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
114 granted / 141 resolved
+12.9% vs TC avg
Strong +16% interview lift
Without
With
+16.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
34 currently pending
Career history
195
Total Applications
across all art units

Statute-Specific Performance

§101
11.4%
-28.6% vs TC avg
§103
55.8%
+15.8% vs TC avg
§102
22.1%
-17.9% vs TC avg
§112
9.8%
-30.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 141 resolved cases

Office Action

§103 §112
DETAILED ACTIONS 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 . Information Disclosure Statement The information disclosure statements (IDS) submitted on 05/09/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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 1- 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. 5.1. Regarding claims 1, 9 and 10, claim1 recites the limitation “in such a way” in line 9 is indefinite because it is unclear to determine which element outputs are set as positive or negative outputs to produce a total output sum as zero. Claim does not define which outputs are assigned to the positive negative values of respective elements. The limitation “determining, based on the at least one first operating value that has been determined, a state of the first fuel cell module.” In lines 15-16 is indefinite because it is not clear what state of Fuel cell is determined based on what particular or specific operating value and what are the state of elements of the system. For the purpose of prosecution examiner has interpreted as understood. Similarly Claim 9 and 10 are indefinite. 5.2. Claims 2-8 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ) as dependent on claim 1. 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. Claims 1-3, and 8- 10 are rejected under 35 U.S.C. 103 as being unpatentable over David J. Edlund (US 2004/0081868 A1, hereinafter Edlund, IDS reference) and in view of Saito et al., (US 2008/0220299 A1, hereinafter Saito). Regarding Claim 1, Edlund teaches A method for diagnosing a fuel cell system (Edlund, Figure 2, Fuel cell system), the method comprising the steps of: providing that the fuel cell system includes at least two fuel cell modules (Edlund, Figure 2, Fuel cell Stack 48), at least one electricity storage device (Edlund, Figure 2, Battery reservoir, 54), and a system control device (Edlund, Figure 2, Controller 46), at least two fuel cell modules including a first fuel cell module and at least one second fuel cell module; (Edlund, Figure 2, Fuel cell Stack 48, [0053] Fuel cell stack 48 typically includes a plurality of fuel cells”. NOTE: the stack of Fuel Cell reads on “at least first second” fuel cell), detecting an equipment output by the system control device; (Edlund, “fuel cell systems with a distributed fuel cell network according to the present invention may be used to backup and/or supplement the power produced by a primary power source, such as an electrical power grid, other fuel cell system or network, etc. that is adapted to provide power to one or more energy-consuming devices and which may be located proximate or remotely to the RSS”NOTE: “energy-consuming devices” reads on equipment output). setting a predetermined load point on the first fuel cell module (Edlund, [0033] The measurement subsystem may continually measure predetermined operating parameters and/or may sample measurements according to a configurable schedule. Measurements may also be taken in response to predefined events and/or in response to user commands, which may be remotely transmitted to the fuel cell system. As described herein, such measurements may be compiled and/or transmitted for compilation.”) assigning a first output to the predetermined load point (Edlund, [0046] the RSS may detect an operating, or energy output state, or the primary power source and select an operating state for one or more fuel cell systems responsive to the energy output state of the primary power source”) determining at least one first operating value of the first fuel cell module at the predetermined load point; (Edlund, [0032] “As an example, the FCS communication subsystem may transmit to RSS 30 communication signals 64 containing data corresponding to one or more operating parameters that may be used to model or otherwise define the operating state, or a portion thereof, of the fuel cell system” )and determining, based on the at least one first operating value that has been determined, a state of the first fuel cell module. (Edlund, [0048] “the selected operating state, or at least the particular operating instructions may be at least partially based upon or responsive to the current operating state of the fuel cell system. The determination of the current operating state of the one or more fuel cell systems may be made by sending a status query to the system(s) or through any other suitable mechanism, such as those described herein to communicate information between the RSS and one or more remote fuel cell systems”). Edlund is silent on; setting a second first output on the at least one second fuel cell module and a second output on the at least one electricity storage device by the system control device, in such a way that a total output that is detected is zero, the total output being a sum of a plurality of outputs and the equipment output, the plurality of outputs including the first output, the second first output, and the second output; However, Saito teaches setting a second first output on the at least one second fuel cell module and a second output on the at least one electricity storage device by the system control device, in such a way that a total output that is detected is zero, (Saito, Figure 4, [0045] FIG. 4 is a flowchart showing an example of a diagnostic process performed by the control unit 60 in the fuel-cell diagnostic apparatus 20 according to the embodiment of the invention. In the diagnostic process according to the embodiment, plural checks are performed based on behavior of the fuel cell 122 caused by a change in the operational state (step S100 to S160), and then an overall diagnosis of the state of the fuel cell 122 is performed based on results of the checks (step S170). The check items include a check on deterioration of a current/voltage characteristic (hereinafter, referred to as a IV characteristic) of the fuel cell 122 (step Sl00), a check on an excessive decrease in the interterminal voltage or the cell voltage between the plural cells constituting the fuel cell 122 when the output terminals of the fuel cell 122 are in the open state ( step S110)” NOTE; the open state of Fuel cell reads on the total Output sum as zero. That is no current is flowing from the fuel cell to the external device) the total output being a sum of a plurality of outputs and the equipment output, the plurality of outputs including the first output, the second first output, and the second output;(Saito, Figure 2, [0036] The power adjustment system 140 includes a battery 142 connected to an output terminal of the fuel cell 122 via a DC/DC converter 141, and a traction motor 144 connected to the output terminal of the fuel cell 122 via an inverter 143. The power adjustment system 140 is designed such that the traction motor 144 can consume power and that the battery 142 can be charged with electricity and electricity can be discharged from the battery 142. A power adjustment unit fitting portion 149 for fitting a power adjustment unit 40 of the fuel-cell diagnostic apparatus 20 of the embodiment is provided in the power adjustment system 140 at a position to be connected to the fuel cell 122”). It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify Edlund’s method to incorporate Saito’s diagnosis method to measure fuel cell state under a open state as taught by Saito with the benefit of determining fuel cell states accurately while the fuel cell is in operation. (Saito, [0007],[0025]). It would have been obvious to a person of ordinary skill to include the well-known diagnosis method of fuel cell state measured in an open state ( no output current flow), in order to yield the predicted results of generating accurate fuel cell state, yet with higher accuracy (KSR). Regarding Claim 2, combination of Edlund and Saito teaches the method according to claim 1, Edlund further teaches wherein the at least one first operating value is selected from a group consisting of a current strength - voltage value pair, a temperature, a volume flow, a mass flow, a pressure, (Edlund, [0033] “The measurement subsystem is typically configured to take various measurements such as temperatures, pressures, electric currents, concentrations, flow rates, fuel and oxidant levels. and voltmeters, ammeters, and ohmmeters may be used to respectively measure potential differences, electric current magnitudes, and electrical resistances”) a speed of a turbocharger, a regeneration state of the first fuel cell module, an electrical conductivity of a coolant used to cool the first fuel cell module (Edlund, [0077], adjust flow rate of coolant streams) a degree of efficiency of the first fuel cell module, and a hydrogen concentration in an exhaust air of the first fuel cell module [0055] Figure 11, “Also shown in FIG.11 are an anode purge stream 138, which may contain hydrogen gas”) Regarding Claim 3, combination of Edlund and Saito teaches the method according to claim 1, Edlund further teaches wherein for a plurality of the predetermined load point each, the state of the first fuel cell module is determined stationary, quasi-stationary, or dynamic (Edlund, [0048], [0049] The remote servicing system may remotely control sets of fuel cell systems 12 as a group when the respective operating states of the fuel cell systems require similar adjustments. For example, a set of the fuel cell systems of a fuel cell network may be instructed to shutdown or otherwise prepare to cease providing power to an energy-consuming device in anticipation of power being restored by an electric utility, after a power failure, for instance. Similarly, the fuel cell systems may be instructed to startup and begin operation in anticipation of a scheduled power outage or detection of an unexpected outage of a primary power supply”). See [0032]). Regarding Claim 8, combination of Edlund and Saito teaches the method according to claim 1, Edlund further teaches wherein, for a predetermined number of at least two fuel cell modules, at least one state of a respective one of the at least two fuel cell modules is determined iteratively. (Edlund, Figure 2, stack of fuel cells, [0032] “As an example, the FCS communication subsystem may transmit to RSS 30 communication signals 64 containing data corresponding to one or more operating parameters that may be used to model or otherwise define the operating state, or a portion thereof, of the fuel cell system. As used herein, "operating state" is used to describe the overall operation (or lack thereof) of the fuel cell system, or a portion thereof, and the many aspects of such operation that may be characterized by discrete operating parameters. Each of these operating parameters may be derived from one or more measured value, set condition, analyzed data, etc.”). Regarding Claim 9, Edlund teaches A system control device (Edlund, Figure 2), comprising: the system control device (Edlund, Figure 2, Controller 46), which is configured for controlling a fuel cell system (Edlund, Figure 2, Fuel cell system), and for implementing a method for diagnosing the fuel cell system, (Edlund, [0024] A single remote servicing system configured to communicate with a plurality of fuel cell systems may remotely monitor and/or control such systems. As used herein, the term "service" or "servicing" will be used to refer to an RSS remotely monitoring and/or controlling one or more fuel cell systems”) the method including the steps of: providing that the fuel cell system includes at least two fuel cell modules (Edlund, Figure 2, Fuel cell Stack 48, [0053] Fuel cell stack 48 typically includes a plurality of fuel cells”. NOTE: the stack of Fuel Cell reads on “at least first second” fuel cell), at least one electricity storage device, (Edlund, Figure 2, Battery reservoir, 54) and the system control device (Edlund, Figure 2, Controller 46), the at least two fuel cell modules including a first fuel cell module and at least one second fuel cell module (Edlund, [0053] Fuel cell stack 48 typically includes a plurality of fuel cells”). NOTE: the stack of Fuel Cell reads on “at least first second” fuel cell), detecting an equipment output by the system control device; (Edlund, “fuel cell systems with a distributed fuel cell network according to the present invention may be used to backup and/or supplement the power produced by a primary power source, such as an electrical power grid, other fuel cell system or network, etc. that is adapted to provide power to one or more energy-consuming devices and which may be located proximate or remotely to the RSS”NOTE: “energy-consuming devices” reads on equipment output). setting a predetermined load point on the first fuel cell module (Edlund, [0033] The measurement subsystem may continually measure predetermined operating parameters and/or may sample measurements according to a configurable schedule. Measurements may also be taken in response to predefined events and/or in response to user commands, which may be remotely transmitted to the fuel cell system. As described herein, such measurements may be compiled and/or transmitted for compilation.”) assigning a first output to the predetermined load point (Edlund, [0046] the RSS may detect an operating, or energy output state, or the primary power source and select an operating state for one or more fuel cell systems responsive to the energy output state of the primary power source”) determining at least one first operating value of the first fuel cell module at the predetermined load point; (Edlund, [0032] “As an example, the FCS communication subsystem may transmit to RSS 30 communication signals 64 containing data corresponding to one or more operating parameters that may be used to model or otherwise define the operating state, or a portion thereof, of the fuel cell system” )and determining, based on the at least one first operating value that has been determined, a state of the first fuel cell module. (Edlund, [0048] “the selected operating state, or at least the particular operating instructions may be at least partially based upon or responsive to the current operating state of the fuel cell system. The determination of the current operating state of the one or more fuel cell systems may be made by sending a status query to the system(s) or through any other suitable mechanism, such as those described herein to communicate information between the RSS and one or more remote fuel cell systems”). Edlund is silent on; setting a second first output on the at least one second fuel cell module and a second output on the at least one electricity storage device by the system control device, in such a way that a total output that is detected is zero, the total output being a sum of a plurality of outputs and the equipment output, the plurality of outputs including the first output, the second first output, and the second output; However, Saito teaches setting a second first output on the at least one second fuel cell module and a second output on the at least one electricity storage device by the system control device, in such a way that a total output that is detected is zero, (Saito, Figure 4, [0045] FIG. 4 is a flowchart showing an example of a diagnostic process performed by the control unit 60 in the fuel-cell diagnostic apparatus 20 according to the embodiment of the invention. In the diagnostic process according to the embodiment, plural checks are performed based on behavior of the fuel cell 122 caused by a change in the operational state (step S100 to S160), and then an overall diagnosis of the state of the fuel cell 122 is performed based on results of the checks (step S170). The check items include a check on deterioration of a current/voltage characteristic (hereinafter, referred to as a IV characteristic) of the fuel cell 122 (step Sl00), a check on an excessive decrease in the interterminal voltage or the cell voltage between the plural cells constituting the fuel cell 122 when the output terminals of the fuel cell 122 are in the open state ( step S110)” NOTE; the open state of Fuel cell reads on the total Output sum as zero. That is no current is flowing from the fuel cell to the external device) the total output being a sum of a plurality of outputs and the equipment output, the plurality of outputs including the first output, the second first output, and the second output;(Saito, Figure 2, [0036] The power adjustment system 140 includes a battery 142 connected to an output terminal of the fuel cell 122 via a DC/DC converter 141, and a traction motor 144 connected to the output terminal of the fuel cell 122 via an inverter 143. The power adjustment system 140 is designed such that the traction motor 144 can consume power and that the battery 142 can be charged with electricity and electricity can be discharged from the battery 142. A power adjustment unit fitting portion 149 for fitting a power adjustment unit 40 of the fuel-cell diagnostic apparatus 20 of the embodiment is provided in the power adjustment system 140 at a position to be connected to the fuel cell 122”). It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify Edlund’s method to incorporate Saito’s diagnosis method to measure fuel cell state under a open state as taught by Saito with the benefit of determining fuel cell states accurately while the fuel cell is in operation. (Saito, [0007],[0025]). It would have been obvious to a person of ordinary skill to include the well-known diagnosis method of fuel cell state measured in an open state (no output current flow), in order to yield the predicted results of generating accurate fuel cell state, yet with higher accuracy (KSR). Regarding Claim 10, Edlund teaches A fuel cell system, (Edlund, Figure 2), comprising: at least two fuel cell modules (Edlund, Figure 2, Fuel cell Stack 48, [0053] Fuel cell stack 48 typically includes a plurality of fuel cells”. NOTE: the stack of Fuel Cell reads on “at least first second” fuel cell); at least one electricity storage device (Edlund, Figure 2, Battery reservoir, 54); and a system control device (Edlund, Figure 2, Controller 46), which is configured for controlling a fuel cell system and for implementing a method for diagnosing the fuel cell system, the method including the steps of: (Edlund, [0024] A single remote servicing system configured to communicate with a plurality of fuel cell systems may remotely monitor and/or control such systems. As used herein, the term "service" or "servicing" will be used to refer to an RSS remotely monitoring and/or controlling one or more fuel cell systems”) providing that the fuel cell system includes the at least two fuel cell modules, the at least one electricity storage device, and the system control device, the at least two fuel cell modules including a first fuel cell module and at least one second fuel cell module; (Edlund, Figure 2, Fuel cell Stack 48, Battery reservoir, 54, Controller 46) detecting an equipment output by the system control device; (Edlund, “fuel cell systems with a distributed fuel cell network according to the present invention may be used to backup and/or supplement the power produced by a primary power source, such as an electrical power grid, other fuel cell system or network, etc. that is adapted to provide power to one or more energy-consuming devices and which may be located proximate or remotely to the RSS”NOTE: “energy-consuming devices” reads on equipment output). setting a predetermined load point on the first fuel cell module (Edlund, [0033] The measurement subsystem may continually measure predetermined operating parameters and/or may sample measurements according to a configurable schedule. Measurements may also be taken in response to predefined events and/or in response to user commands, which may be remotely transmitted to the fuel cell system. As described herein, such measurements may be compiled and/or transmitted for compilation.”) assigning a first output to the predetermined load point (Edlund, [0046] the RSS may detect an operating, or energy output state, or the primary power source and select an operating state for one or more fuel cell systems responsive to the energy output state of the primary power source”) determining at least one first operating value of the first fuel cell module at the predetermined load point; (Edlund, [0032] “As an example, the FCS communication subsystem may transmit to RSS 30 communication signals 64 containing data corresponding to one or more operating parameters that may be used to model or otherwise define the operating state, or a portion thereof, of the fuel cell system” )and determining, based on the at least one first operating value that has been determined, a state of the first fuel cell module. (Edlund, [0048] “the selected operating state, or at least the particular operating instructions may be at least partially based upon or responsive to the current operating state of the fuel cell system. The determination of the current operating state of the one or more fuel cell systems may be made by sending a status query to the system(s) or through any other suitable mechanism, such as those described herein to communicate information between the RSS and one or more remote fuel cell systems”). Edlund is silent on; setting a second first output on the at least one second fuel cell module and a second output on the at least one electricity storage device by the system control device, in such a way that a total output that is detected is zero, the total output being a sum of a plurality of outputs and the equipment output, the plurality of outputs including the first output, the second first output, and the second output; However, Saito teaches setting a second first output on the at least one second fuel cell module and a second output on the at least one electricity storage device by the system control device, in such a way that a total output that is detected is zero, (Saito, Figure 4, [0045] FIG. 4 is a flowchart showing an example of a diagnostic process performed by the control unit 60 in the fuel-cell diagnostic apparatus 20 according to the embodiment of the invention. In the diagnostic process according to the embodiment, plural checks are performed based on behavior of the fuel cell 122 caused by a change in the operational state (step S100 to S160), and then an overall diagnosis of the state of the fuel cell 122 is performed based on results of the checks (step S170). The check items include a check on deterioration of a current/voltage characteristic (hereinafter, referred to as a IV characteristic) of the fuel cell 122 (step Sl00), a check on an excessive decrease in the interterminal voltage or the cell voltage between the plural cells constituting the fuel cell 122 when the output terminals of the fuel cell 122 are in the open state ( step S110)” NOTE; the open state of Fuel cell reads on the total Output sum as zero. That is no current is flowing from the fuel cell to the external device) the total output being a sum of a plurality of outputs and the equipment output, the plurality of outputs including the first output, the second first output, and the second output;(Saito, Figure 2, [0036] The power adjustment system 140 includes a battery 142 connected to an output terminal of the fuel cell 122 via a DC/DC converter 141, and a traction motor 144 connected to the output terminal of the fuel cell 122 via an inverter 143. The power adjustment system 140 is designed such that the traction motor 144 can consume power and that the battery 142 can be charged with electricity and electricity can be discharged from the battery 142. A power adjustment unit fitting portion 149 for fitting a power adjustment unit 40 of the fuel-cell diagnostic apparatus 20 of the embodiment is provided in the power adjustment system 140 at a position to be connected to the fuel cell 122”). It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify Edlund’s method to incorporate Saito’s diagnosis method to measure fuel cell state under a open state as taught by Saito with the benefit of determining fuel cell states accurately while the fuel cell is in operation. (Saito, [0007],[0025]). It would have been obvious to a person of ordinary skill to include the well-known diagnosis method of fuel cell state measured in an open state (no output current flow), in order to yield the predicted results of generating accurate fuel cell state, yet with higher accuracy (KSR). Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable Edlund and in view of Saito as applied to claim 1 and in further view of Kerkamm et al. (US 2023/0253589 A1, priority date July 7, 2020, hereinafter Kerkam) Regarding Claim 4, combination of Edlund and Saito teaches the method according to claim 1, Edlund further teaches wherein the state of the first fuel cell module is determined in that the at least one first operating value of the first fuel cell module that has been determined is at least one of: (a) compared with at least one determined second operating value of the at least one second fuel cell module; (Edlund, [0024] this servicing may include (1) pure monitoring, in which the RSS only receives data from the FCS(s), such as one or more operating parameters and/or states of the FCS,) and wherein the state of the first fuel cell module is determined based on a comparison performed in at least one of (a) and (b). [0032] As an example, the FCS communication subsystem may transmit to RSS 30 communication signals 64 containing data corresponding to one or more operating parameters that may be used to model or otherwise define the operating state, or a portion thereof, of the fuel cell system. As used herein, "operating state" is used to describe the overall operation (or lack thereof) of the fuel cell system, or a portion thereof, and the many aspects of such operation that may be characterized by discrete operating parameters. Each of these operating parameters may be derived from one or more measured value, set condition, analyzed data, etc. For example, an operating parameter may describe the energy producing (operating) state of the fuel cell system (on, off, standby, warm-up, cool-down, etc.) Edlund is silent on (b) compared with a digital twin model of the first fuel cell module, However, Kerkamm teaches (b) compared with a digital twin model of the first fuel cell module, (Kerkamm, Figure 1, (digital twin 14 [0025]), [0004] particular, the digital twin is provided to determine non-sensed operating parameters of the fuel cell system. Optionally, the digital twin is provided to estimate a behavior of the fuel cell system in advance, in particular in the case of a simulated change in one of the operating parameters. In particular, the digital twin is provided to determine suitable target values of the operating parameters in order to realize a predetermined behavior of the fuel cell system”) It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify Edlund’s method to incorporate Kerkamm’s diagnosis system to include a digital twin to determine fuel cell state as taught by Kerkamm with the benefit of determining fuel cell states accurately (Kerkamm, [0004]). It would have been obvious to a person of ordinary skill to include the well-known diagnosis system with a digital twin incorporated to estimate a behavior of the fuel cell system in advance, and to determine suitable target values of the operating parameters in order to realize a predetermined behavior of the fuel cell system, in order to yield the predicted results of generating fuel cell behavior, yet with higher accuracy (KSR). Regarding Claim 5, combination of Edlund, Saito and Kerkamm teaches the method according to claim 4, Edlund is silent on wherein the digital twin model of the first fuel cell module is calculated based on average operating data. However, Kerkamm teaches wherein the digital twin model of the first fuel cell module is calculated based on averaged operating data (Kerkamm, [0017] alternatively, the digital twin retrieves the data directly from the further fuel cell system, in particular its digital twin. In particular, the digital twin retrieves historical operating data of the further fuel cell system in order to differentiate between a regular operating state, compensable anomalies of the operating parameters, and/or maintenance-requiring anomalies of the operating parameters”). It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify Edlund’s method to incorporate Kerkamm’s diagnosis system to include a digital twin to determine fuel cell state as taught by Kerkamm with the benefit of determining fuel cell states accurately (Kerkamm, [0004]). It would have been obvious to a person of ordinary skill to include the well-known diagnosis system with a digital twin incorporated to estimate a behavior of the fuel cell system in advance, and to determine suitable target values of the operating parameters in order to realize a predetermined behavior of the fuel cell system, in order to yield the predicted results of generating fuel cell behavior, yet with higher accuracy (KSR). Regarding Claim 6, combination of Edlund and Saito teaches the method according to claim 1, Edlund further teaches wherein a plurality of the predetermined load point (Edlund, [0032] an average load measurement may be used to calculate a remaining duration of operation parameter. In general, different types of operating parameters may be measured, calculated, set, etc. Plural operating parameters may collectively be used to either completely or partially model an operating state of the fuel cell system, As used herein, the operating parameters of a fuel cell system may include one or more operating parameters relating to the operating environment in which the fuel cell system is used, such as the temperature of the environment and/or the load being applied to the fuel cell system”). Edlund and Saito are silent on creates a chronological load curve. However, Kerkamm teaches creates a chronological load curve. (Kerkamm, “[0004] The digital twin comprises a plurality of data sets comprising, for example, individual data, characteristic curves, [0015] in particular the already mentioned control unit or regulating unit, of the fuel cell system into a test state. In particular, the control unit or regulating unit performs a defined change in the operating parameter in the test state, for example with a rectangular, triangular, sinusoidal value curve, or the like.”). It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify Edlund’s method to incorporate Kerkamm’s diagnosis system to include a digital twin to determine fuel cell state as taught by Kerkamm with the benefit of determining fuel cell states accurately (Kerkamm, [0004]). It would have been obvious to a person of ordinary skill to include the well-known diagnosis system with a digital twin incorporated to estimate a behavior of the fuel cell system in advance, and to determine suitable target values of the operating parameters in order to realize a predetermined behavior of the fuel cell system, in order to yield the predicted results of generating fuel cell behavior, yet with higher accuracy (KSR). Regarding Claim 7, combination of Edlund, Saito and Kerkamm teaches the method according to claim 6, Edlund and Saito are silent on wherein the chronological load curve is at least one of: (a) composed of at least one function selected from a step function, a rectangular function, a linear function, and a sine function; and (b) a superposition of at least two functions. However, Kerkamm teaches wherein the chronological load curve is at least one of: (a) composed of at least one function selected from a step function, a rectangular function, a linear function, and a sine function; and (b) a superposition of at least two functions. (Kerkamm, [0015] in particular the already mentioned control unit or regulating unit, of the fuel cell system into a test state. In particular, the control unit or regulating unit performs a defined change in the operating parameter in the test state, for example with a rectangular, triangular, sinusoidal value curve, or the like.”). It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify Edlund’s method to incorporate Kerkamm’s diagnosis system to include a digital twin to determine fuel cell state as taught by Kerkamm with the benefit of determining fuel cell states accurately (Kerkamm, [0004]). It would have been obvious to a person of ordinary skill to include the well-known diagnosis system with a digital twin incorporated to estimate a behavior of the fuel cell system in advance, and to determine suitable target values of the operating parameters in order to realize a predetermined behavior of the fuel cell system, in order to yield the predicted results of generating fuel cell behavior, yet with higher accuracy (KSR). Conclusion Citation of Pertinent Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Se Joon Im (US 2016/0380281 A1) describes “A device and a method are provided for controlling an operation of a fuel cell system to improve a momentary output of a fuel cell system and decrease a performance deviation between fuel cells. The device momentarily reduces a cell voltage of a fuel cell or changes a fuel cell system to a state close to a shut-down, return the fuel cell system to a normal condition again, and then enable the fuel cell system to be operated normally by applying the "sawtooth phenomenon" and the "hysteresis phenomenon." Thus, a momentary output of the fuel cell system is improved to performance of a highest output level or more expressible in a previous state and a performance deviation between fuel cells is decreased” (Abstract). JEONG et al. (KR 10-1316243 B1) The invention provides “The present invention further improves the merchandise of a fuel cell vehicle by quickly and accurately diagnosing the state of the electrolyte membrane of the fuel cell stack mounted on the vehicle, without affecting the operation of the vehicle. A method for diagnosing electrolyte membrane failure of a fuel cell stack is provided.(abstract) Any inquiry concerning this communication or earlier communications from the examiner should be directed to DILARA SULTANA whose telephone number is (571)272-3861. The examiner can normally be reached Mon-Fri, 9 AM-5:30 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, EMAN ALKAFAWI can be reached on (571) 272-4448. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DILARA SULTANA/Examiner, Art Unit 2858 09/29/2026 /SON T LE/Primary Examiner, Art Unit 2858
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Prosecution Timeline

May 09, 2024
Application Filed
Oct 02, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
97%
With Interview (+16.2%)
2y 10m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 141 resolved cases by this examiner. Grant probability derived from career allowance rate.

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