DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/14/2024 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings were received on 03/14/2024. These drawings are acceptable.
Specification
The specification was received on 03/14/2024 and is acceptable.
Abstract
The abstract of the disclosure is objected to because it includes more than 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-15 and 16 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 2-15 recites “the system according to claim 1”. Claim 1 introduces a system of a vehicle, a fuel cell system and a compressed air system. It is unclear which system the applicant is referring to.
Claim 2 recites the limitation "to the outlet conduit position" in line 3 and 4. It is unclear which outlet conduit position the applicant is referring to.
Claim 3 recites “the air inlet conduit” in line 3 and 4. It is unclear which outlet conduit position the applicant is referring to.
Claim 4 recites “the air inlet conduit” in line 3 and 4. It is unclear which outlet conduit position the applicant is referring to.
Claim 8 recites “the air inlet conduit position”. Claim 7 lists multiple air inlet positions. It is unclear which position the applicant is referring to.
Claim 16 recites the limitation "said system" in line 1. There is insufficient antecedent basis for this limitation in claim 16.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Saliger et al. (US 7,152,408 B2).
Regarding claim 1, Saliger discloses a system for a vehicle (see fig 1 below), having a fuel cell system (a fuel cell device having a fuel cell unit; a compressed air; a supply conduit provided between said fuel cell unit of said fuel cell device and said compressed air storage, and a further supply conduit (col. 2 lines 12-19)) and a compressed air system for supplying compressed air to a pneumatic device (compressed air brake system (Col. 1, line 64-65)), said fuel cell system comprising: at least one fuel cell (a fuel cell, element 1 figure 1) having an anode side and a cathode side (generally known in the art), an air inlet conduit (air path of the fuel cell, col 4, line37) connected to an inlet end of the cathode side for supplying air to the cathode side of the at least one fuel cell (see figure 1), an air compressor disposed in the air inlet conduit (the fuel cell 1 is supplied with air via a compressor 9, (col. 4, line 51), an air filter arranged to receive air from an ambient environment (see figure 2), said air filter being arranged at an inlet of the air inlet conduit and upstream said air compressor(a filter 24 is connected before the compressor, (col 5., lines 44-45)), a fluid outlet conduit connected between an outlet end of the cathode side and an inlet side of an expander for supply of an exhaust flow from the cathode side to the expander (see figure 1; the air which flows out of the fuel cell 1 and is partially converted, is discharged via an expander 11 col. 4, line52-54) and an exhaust conduit connected to an exhaust side of the expander; said compressed air system comprising: an electrically operable air compressor (the expander 11 drives the compressor 9 partially with support by an electric drive 12, col. 4, lines 54-56) connectable to the pneumatic device ; wherein the system further comprises a controllable valve assembly (regulating valves, col.4 lines 60-61 and for regulation or control of the valves of the whole system (Col. 6, lines 8-10)) for fluidly connecting an air inlet of the electrically operable air compressor (see figure 1) to multiple fluid supply positions, said multiple fluid supply fluid positions comprising at least two positions selected from an outlet conduit position upstream the inlet side of the expander (see outlet 15, figure 3/ via 18,13 19 and 5, figure 1), an air inlet conduit position upstream the air compressor (see flow path ), an air inlet conduit position downstream the air compressor (see inlet valve 18 for compressed air storage 13 figure 5) and a position in fluid communication with an independent air filter in fluid communication with the ambient environment (see flow path between ambient environment and filter 24 in figure 2), and wherein the controllable valve assembly is configured to selectively direct air from the multiple fluid supply positions to the compressed air system (dosing is performed via the valves 17 or 33 shown in fig. 3, col. 6, lines 38-39) in response to an operating condition of the vehicle (Frequently during a driving cycle the fuel cell requires low powers during which the compressor produces low pressures Col. 6, lines 21-23).
PNG
media_image1.png
333
600
media_image1.png
Greyscale
Figure 1: Saliger figure 1
PNG
media_image2.png
742
534
media_image2.png
Greyscale
Figure 2: Saliger figure 4
PNG
media_image3.png
823
798
media_image3.png
Greyscale
Figure 3: Saliger figure 5
Regarding claim 2, Saliger discloses the system according to claim 1, and discloses that the controllable valve assembly is arranged and configured to fluidly connect the air inlet of the electrically operable air compressor to the outlet conduit position the controllable valve assembly being configured to direct air from the outlet conduit position to the compressed air system if the operating condition amounts to a fuel cell performance priority condition. (Moreover, as can be seen from FIG. 1 a bypass 22 is available parallel to the compressed air storage 13. By means of the bypass 22, for example the combustion engine can be supplied with the fuel cell-compressor air and vice versa charging of the compressor air of the fuel cell system can be realized, Coll. 5, lines 19-25).
Regarding claim 3, Saliger discloses the system according to claim 1, wherein when the controllable valve assembly is arranged and configured to fluidly connect the air inlet of the electrically operable air compressor to the air inlet conduit position (see valve 18, figure 1), the controllable valve assembly being configured to direct air from the air inlet conduit position to the compressed air system if the operating condition amounts to a compressed air system performance priority condition (Advantageously the supply conduits each have at least one regulating valve for regulation of the filling and/or emptying of the compressed air storage. With this feature an advantageous strategy for filling or emptying of the compressed air storage can be realized (Col. 2, lines 36-40)).
Regarding claim 4, Saliger discloses the system according to claim 1,wherein when the controllable valve assembly is arranged and configured to fluidly connect the air inlet of the electrically operable air compressor to the air inlet conduit position , the controllable valve assembly being configured to direct air from the air inlet conduit position to the compressed air system if the operating condition amounts to a fuel cell shut down condition. (Advantageously the supply conduits each have at least one regulating valve for regulation of the filling and/or emptying of the compressed air storage. With this feature an advantageous strategy for filling or emptying of the compressed air storage can be realized (Col. 2, lines 36-40)).
Regarding claim 5 Saliger discloses the system according to claim 1, wherein when the controllable valve assembly is arranged and configured to fluidly connect the air inlet of the electrically operable air compressor to the position, the controllable valve assembly being configured direct air from the position to the compressed air system if the operating condition amounts to a fuel cell shut down condition.
Regarding claim 6, Saliger discloses the system according to claim 1,wherein a part of the outlet conduit extending between the outlet end of the at least one fuel cell and the inlet side of the expander comprises a first outlet conduit portion, a second outlet conduit portion and a water management component (separator, see figure 2 (Saliger figure 4 element 5), the first outlet conduit portion connecting the outlet end of the at least one fuel cell to an inlet side of the water management component, and the second outlet conduit connecting an outlet side of the water management component to the inlet side of the expander, and wherein the outlet conduit position is at the second outlet conduit portion (A condensate separator 25 is connected after the expander 11, wherein the condensate is supplied to an intermediate storage 27 in figure 4).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Saliger (US 7,152,408 B2; “Saliger hereinafter”) as applied to claim 1 and further in view of Braun (WO2021148183A1; “Braun hereinafter”).
Regarding claim 7, Saliger discloses the fuel cell system according to claim 1 and discloses that a part of the inlet conduit extending between the air compressor and the inlet end of the cathode side comprises but fails to disclose a first inlet conduit portion, a second inlet conduit portion and a charge air cooler and further fails to disclose that the first inlet conduit portion is connecting the air compressor to the charge air cooler, and the second inlet conduit is connecting the charge air cooler to the inlet end of the cathode side. Braun discloses the charge air cooler (intercooler element 9, see figure 3 (Braun fig. 1) below) and its position between the compressor and the fuel cell (see positioning in figure 3 (Braun fig. 1) below). Saliger and Braun are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely vehicle systems including fuel cells and air compression systems. Before the effective filing date of the current invention, seeking a highly dynamic fuel cell system with an optimized operational temperature it would have been obvious to one having ordinary skill in the art to apply a bypass s disclosed by Braun to the system disclosed by Saliger as doing so would amount to nothing more than to use a known component for its intended use in a known environment to accomplish an entirely predictable result.
PNG
media_image4.png
551
347
media_image4.png
Greyscale
Figure 4: Braun figure 1
Regarding claim 8, Saliger discloses the fuel cell system according to claim 7 but fails to disclose the intercooler and further fails to disclose that the air inlet conduit position is at the second inlet conduit portion and downstream the charge air cooler. Braun discloses that the second half of the inlet conduit is connecting intercooler 9 with the fuel cell 5 (see figure 4 (Braun fig. 1)).
Claims 9-15, 21 are rejected under 35 U.S.C. 103 as being unpatentable over Saliger (US 7,152,408 B2; “Saliger hereinafter”).
Regarding claim 9, Saliger discloses the fuel cell system according to claim 1 and discloses that the fuel cell system further comprises a humidifier connected to the inlet conduit and the outlet conduit, said humidifier being configured to transfer humidity from the outlet conduit to the inlet conduit (see humidifier 32 being placed between the outlet of the air storage and before the inlet into the fuel cell (figure 2), wherein the air inlet conduit position is upstream the humidifier (see air inlet valve into air storage, figure 4). A humidifier is provided for humidifying the fuel cell air (Col. 5, lines 51).
Regarding claim10, Salinger discloses the system according to claim 1 and teaches that the air compressor is connected to the expander (see expander, figure 1) and a fuel cell motor (electric drive, figure 1).
Regarding claim 11, Salinger discloses the system according to claim 1 and teaches that the system further comprises a control unit (see control unit 34, figure 5) arranged in communication with the controllable valve assembly so as to control the valve arrangement based on a control signal indicative of the operating condition of the vehicle (A controller 34 can be provided for control or regulation of the system. Col. 6 lines 4-5. Its input variables come in particular from the compressed air storage 13, the sensor 30, a power requirement 35.) These components in accordance with the present invention can be designed optimally for the relevant operational regions of the combustion engine or the fuel cell.
Regarding claim 12, Salinger discloses the system according claim 1 and discloses wherein said at least two positions are the air inlet conduit position upstream the air compressor (air inlet after compressor, see figure 1) and the air inlet conduit position downstream the air compressor (air inlet via the air storage, see figure 1).
Regarding claim 13, Salinger discloses the system according to claim 1 and teaches that wherein said at least two positions are the outlet conduit position upstream the inlet side of expander (flow via valve 17) and the position in fluid communication with an independent air filter in fluid communication with the ambient environment (flow via air filter 24, figure 2).
Regarding claim 14, Salinger discloses the system according to claim 1, the multiple fluid supply positions comprising at least three positions, said three positions being at least the outlet conduit position upstream the inlet side of the expander (indirectly disclosed via storage 13 and valve 17), the air inlet conduit position upstream the air compressor (see flow into compressor 9, figures 1-4) and the air inlet conduit position downstream the air compressor (flow from storage via valve 17) (A controller 34 can be provided for control or regulation of the system. Its input variables come in particular from the compressed air storage 13, the sensor 30, a power requirement 35. Controller-output variables are used in particular for regulation or control of the valves of the whole system and/or of the condensers 9, 5).
Regarding claim 15, Salinger discloses the system according to claim 1, the multiple fluid supply positions comprising at least three positions, said three positions being at least the outlet conduit position upstream the inlet side of the expander (indirectly disclosed via storage 13 and valve 17), the air inlet conduit position downstream the air compressor (realized via air stream through compressor and valve 18) and the position in fluid communication with an independent air filter in fluid communication with the ambient environment (see fluid supply via filter 24).
Regarding claim 21, Saliger discloses a vehicle (abstract) at least partially propelled by an electric traction motor (vehicle drives with fuel cells and/or turbo charged combustion engines col. 1 line 46-47), the electric traction motor being electrically connected to a fuel cell system of a system according to claim 1.
Claims 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Saliger (US 7,152,408 B2; “Saliger hereinafter.
Regarding claim 16, Salinger discloses method of controlling a system of a vehicle, said system comprising a fuel cell system (a fuel cell device having a fuel cell unit; a compressed air; a supply conduit provided between said fuel cell unit of said fuel cell device and said compressed air storage, and a further supply conduit (col. 2 lines 12-19))) and a compressed air system (see figure 1) for supplying compressed air to a pneumatic vehicle device (compressed air brake system (Col. 1, line 64-65)), said fuel cell system comprising at least one fuel cell having an anode side and a cathode side (generally known in the art), an air inlet conduit (air path of the fuel cell, col 4, line37) connected to an inlet end of the cathode side for supplying air to the cathode side of the at least one fuel cell, an air compressor (the fuel cell 1 is supplied with air via a compressor 9, (col. 4, line 51) disposed in the air inlet conduit, an air filter arranged to receive air from an ambient environment, said air filter being arranged at an inlet of the air inlet conduit and upstream said air compressor (a filter 24 is connected before the compressor, (col 5., lines 44-45), a fluid outlet conduit (see figure 1) connected between an outlet end of the cathode side and an inlet side of an expander (see figure 1; the air which flows out of the fuel cell 1 and is partially converted, is discharged via an expander 11 col. 4, line52-54) for supply of an exhaust flow from the cathode side to the expander, and an exhaust conduit connected to an exhaust side of the expander; said compressed air system comprising an electrically operable air compressor (the expander 11 drives the compressor 9 partially with support by an electric drive 12, col. 4, lines 54-56) connectable to the pneumatic vehicle device; wherein the system further comprises a controllable valve assembly (regulating valves, col.4 lines 60-61 and for regulation or control of the valves of the whole system and/or of the condensers 9, 5, (Col. 6, lines 8-10)) for fluidly connecting an air inlet of the electrically operable air compressor to multiple fluid supply positions, said multiple fluid supply fluid positions comprising at least two positions selected from an outlet conduit position upstream the inlet side of the expander (see outlet 15, figure 3/ via 18,13 19 and 5, figure 1), an air inlet conduit position upstream the air compressor (see inlet after filter 24 in figure 2), an air inlet conduit position downstream the air compressor (see inlet valve 18 for compressed air storage 13 figure 3) and a position in fluid communication with an independent air filter in fluid communication with the ambient environment (see flow path connecting the ambient environment and filter 24 in figure 2), wherein the method comprises: determining an operating condition of the vehicle (Its input variables come in particular from the compressed air storage, the sensor , a power requirement Col. 6 lines 5-7), and operating the controllable valve assembly to selectively direct air from the multiple fluid supply positions to the compressed air system in response to determined operating condition of the vehicle. (An advantageous regulation ability of the compressed air storage, in particular in cooperation with the regulating valves and the regulatable compressed air generation unit, can be realized. For example, for filling or emptying of the compressed air storage, passive overpressure valves in some cases with a return stroke and/or electrically controllable valves can be utilized).
Regarding claim 17, Salinger discloses the method according to claim 16, including operating the controllable valve assembly further comprising operating the controllable valve assembly to direct air from the outlet conduit position to the compressed air system if the operating condition amounts to a fuel cell performance priority condition by disclosing an advantageous regulation ability of the compressed air storage via regulating valves being used for emptying of the compressed air storage by disclosing an advantageous regulation ability of the compressed air storage, in particular in cooperation with the regulating valves and the regulatable compressed air generation unit, can be realized. For example, for filling or emptying of the compressed air storage, passive overpressure valves in some cases with a return stroke and/or electrically controllable valves can be utilized (Col. 4, lines6-8).
Regarding claim 18, Saliger discloses the method according to claim 16, including operating the controllable valve assembly further comprising operating the controllable valve assembly to direct air from the air inlet conduit position to the compressed air system if the operating condition amounts to a compressed air system performance priority condition by describing an advantageous regulation ability of the compressed air storage, in particular in cooperation with the regulating valves and the regulatable compressed air generation unit, can be realized. For example, for filling or emptying of the compressed air storage, passive overpressure valves in some cases electrically controllable valves can be utilized in response to a determined operating condition of the vehicle (Col. 4, lines6-8).
Regarding claim 19, Salinger disclose the method according to claims 16, including operating the controllable valve assembly further comprising operating the controllable valve assembly to direct air from the air inlet conduit position to the compressed air system if the operating condition amounts to a fuel cell shut down condition by disclosing an advantageous regulation ability of the compressed air storage, in particular in cooperation with the regulating valves and the regulatable compressed air generation unit, can be realized. For example, for filling or emptying of the compressed air storage, passive overpressure valves in some cases with a return stroke and/or electrically controllable valves can be utilized in response to a determined operating condition of the vehicle (Col. 4, lines6-8).
Regarding claim 20, Salinger discloses the method according to claim 19 and discloses that the system can be used to, if the operating condition amounts to a combined compressed air system performance priority and a fuel cell shut down condition, the method comprising closing air supply to the at least one fuel cell by controlling at least one control valve arrangement of the fuel cell system operating the air compressor by a fuel cell motor to pre-boost the electrically operable air compressor. (By means of the bypass 22, the combustion engine can be supplied with the fuel cell-compressor air and vice versa charging of the compressor air of the fuel cell system can be realized. Col. 5 lines 21-25).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMANTHA LEE HANYON whose telephone number is (571)272-8881. The examiner can normally be reached Mon-Fri. 7:30am-5pm.
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, Nicole Buie-Hatcher can be reached at (571) 270-3879. 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.
/S.L.H./Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725
Prosecution Insights