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 .
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 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. (PBA)
DETAILED ACTION
Preliminary Amendment
Preliminary Amendment filed on 06/04/2024 noted by the examiner, claims 1-13 are pending.
Citation of Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See MPEP 707.05. Although the prior art discloses several unclaimed, some claimed limitation. The closest Prior Art of record are considered to be defined by:
PARK (US 2018/0114996 A1) described a method of controlling an output of a fuel cell stack whereby an output current is controlled by using a data map configured with a limited output current according to a temperature of a fuel cell coolant, the method comprising: deriving, by a controller, an average cell voltage value and a minimum cell voltage value of a plurality of cells constituting the fuel cell stack by using a sensor provided in the fuel cell stack; correcting, by the controller, the data map stored in a memory by using the derived average cell voltage value and the derived minimum cell voltage value; and limiting, by the controller, the output current of the fuel cell stack according to the corrected data map stored in the memory, a system for controlling an output of a fuel cell stack, the system comprising: a sensor sensing voltages of a plurality of cells constituting the fuel cell stack; a memory storing a data map configured with a limited output current according to a temperature of a fuel cell coolant; and a controller deriving an average cell voltage value and a minimum cell voltage value of the plurality of cells constituting the fuel cell stack, correcting the data map by using the derived average cell voltage value and the derived minimum cell voltage value; and limiting the output current of the fuel cell stack according to the corrected data map.
KUME, WO 2011/074034 A1, CPC H01M 8/04, Publication Date: 2011-06-23 described fuel cell system provided with: a fuel cell that contains at least one cell that has an electrolyte membrane; an index value acquisition unit; and a control unit. The index value acquisition unit acquires a temperature index value that correlates to the temperature of a short-circuit region of each cell. The control unit controls fuel cell control parameters affecting the temperature of the short-circuit regions such that the temperature index values fall within a prescribed range set such that the temperatures of the short-circuit regions end up less than the decomposition temperature of the electrolysis membranes.
Araki (US 2009/0286109 A1) described a fuel cell system equipped with polymer electrolyte fuel cells, the fuel cell system comprising: an alternating current component generator configured to apply an alternating current of a fixed frequency and a fixed amplitude to the fuel cells; an alternating current voltage acquisition module configured to extract an alternating current voltage component attributed to the application of the alternating current from an output voltage in a specific unit cell of the fuel cells and to time-sequentially obtain a voltage value of the extracted alternating current component; and an over-hydration detection module configured to determine whether the fuel cells are in an over-hydration state, the over-hydration detection module computing a statistical value representing a magnitude of a variation in time-sequentially obtained voltage value of the alternating current component by the alternating current voltage acquisition module, and determining that the fuel cells are in an over-hydration state when the computed statistical value representing the magnitude of the variation exceeds a preset reference level.
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 1-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a condition-estimating device, comprising:
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Appears which is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of
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are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional elements of
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appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 1 not eligible.
Claim 2 related to
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,its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 2 not eligible.
Claim 3 related to
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, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 3 not eligible.
Claim 4 related to
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, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 4 not eligible.
Claim 5 related to
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, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 5 not eligible.
Claim 6 related to
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,its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 6 not eligible.
Claim 7 related to
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, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 7 not eligible.
Claim 8 related to
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, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 8 not eligible.
Claim 9 related to
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, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 9 not eligible.
Claim 10 related to
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, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 10 not eligible.
Claim 11 related to
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, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 11 not eligible.
Claim 12 related to
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, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 12 not eligible.
Claim 13 related to
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, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 13 not eligible.
Contact information
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tung Lau whose telephone number is (571)272-2274, email is Tungs.lau@uspto.gov. The examiner can normally be reached on Tuesday-Friday 7:00 AM-5:00 PM EST.
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, TURNER SHELBY, can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUNG S LAU/Primary Examiner, Art Unit 2857
Technology Center 2800
July 17, 2026
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