DETAILED ACTION
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 1-5 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the “container full” state" in line 12. There is insufficient antecedent basis for this limitation in the claim. The limitation should recite “a “container full” state”.
Claim 2 recites the limitation "wherein the information “container full”" in line 2. There is insufficient antecedent basis for this limitation in the claim. The limitation should recite, for example, “wherein information from the “container full” state”.
Claim 3 recites “wherein the measurement signals” in line 2. There is insufficient antecedent basis for this limitation in the claim. The limitation should recite, for example, “wherein measurement signals”.
Claims 2-5 are rejected for being dependent upon a rejected base claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries 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.
Claim 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over DE 102016115012 A1 (Ermatschenko ‘012 - citing to the attached English translation) in view of US 20210367249 A1 (Park ‘249).
Regarding claim 1, Ermatschenko ‘012 teaches a method for operating a fuel cell system (a method for operating a fuel cell system; [0001]), wherein hydrogen-containing anode gas exiting at least one fuel cell is recirculated via an anode circuit (1) (anode supply 20 has a recirculation line 25, which connects the anode exhaust path 22 with the anode supply path 21; [0048]), wherein liquid water (2) contained in the anode gas is separated via a water separator (3) integrated into the anode circuit (1) (a water separator 28 is installed in the anode exhaust gas path 22 in order to drain liquid water carried out with the anode exhaust gas from the fuel cell stack 10; [0049]), is collected in a container (4) (the water separator 28/41 has a housing with a bottom area 43 where liquid water is separated from the moisture-laden exhaust gas and contained in the bottom region 43 of the water separator 41; [0056] & Fig. 2), and is removed from the container (4) by opening a drain valve (5) (liquid drained via the first drain 40; [0064]; the first branch 40 can be closed by means of a controllable or adjustable valve 42; [0049]; a separator valve 41 for draining liquid water; [0008]), and the anode circuit (1) is flushed by opening a purge valve (6) integrated into the container (4) of the water separator (3) (the water separator 41 has a second outlet 60, which includes purge valve 61 arranged below the water separator 41 connected to an overflow pipe 62 extending upwards into the water separator 41; [0058] & Fig. 2; a purge valve 61 for draining the nitrogen-containing gas from the anode supply; [0008]),
Ermatschenko ‘012 teaches a designed to determine the nitrogen content and records values from which the nitrogen content can be derived, for example from a hydrogen sensor ([0026]), wherein the valve may be regulated based on nitrogen content where a level sensor is not necessary ([0025]), but does not disclose wherein the hydrogen content is measured via hydrogen sensor (7) connected downstream of the purge valve (6).
Park ‘249 discloses a method for controlling a fuel electrode drain valve of a fuel cell system by measuring, via a hydrogen sensor, the concentration of hydrogen released by opening the fuel electrode drain valve and controlling, via a controller, an opening area of the fuel electrode drain valve ([0019]). The controlling of the opening area of the drain valve may include determining the time when the concentration of the hydrogen exceeds a first reference value to start purging the hydrogen ([0019]). The hydrogen sensor 20 may be located at the outlet of the drain valve 160 and may measure the concentration of hydrogen released as the drain valve 160 is opened ([0051]).
Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the method for operating a fuel cell system, as taught by Ermatschenko ‘012, to include a hydrogen sensor located downstream of the purge valve, to measure the concentration of hydrogen released as the purge valve is opened, as suggested by Park ‘249.
The limitation of “wherein when the purge valve (6) is open and a delayed increase in the hydrogen content is detected via the hydrogen sensor (7), the “container full” state is detected” is considered a contingent limitation (see Ex parte Schulhauser; MPEP 2111.04 II.). While Ermatschenko ‘012 and Park ‘249 does not expressly disclose a “container full” state based on a delayed increase in the hydrogen content being detected, the limitation is contingent upon a delayed increase in the hydrogen content being detected when the purge valve (6) is open. When the purge valve (6) is not open or there is no delayed increase in the hydrogen content being detected, then the system is not in a “container full” state.
Regarding claim 2, Ermatschenko ‘012 teaches the method according to claim 1, wherein the information from the “container full” state is used to calibrate a model which is used to determine the amount of water in the container (4) (each of the valves may be controlled depending on an operating strategy, water management, or nitrogen regulation; [0008]; the nitrogen content is determined using a suitable model and recorded values; [0019] of Ermatschenko ‘012).
Further, as discussed above, the “container full” state is a contingent limitation not required by the method of claim 1 when there is no delay in hydrogen content detection.
Regarding claim 3, Ermatschenko ‘012 teaches the method according to claim 1, wherein the measurement signals of the hydrogen sensor (7) are transmitted for evaluation to a control device (8), via which the purge valve (6) is actuated (when the concentration of the hydrogen measured by the hydrogen sensor exceeds a first reference value, the controller starts purging the hydrogen, wherein the controller may control the opening area of the drain valve in a reference range when purging the hydrogen; [0014] – [0015] of Park ‘249).
Regarding claim 4, Ermatschenko ‘012 teaches the method according to claim 1, wherein the drain valve (5) is activated and opened when the “container full” state is detected (the first branch 40 can be closed, and conversely opened, by means of a controllable or adjustable valve 42; [0049] of Ermatschenko ‘012).
Further, as discussed above, the “container full” state is a contingent limitation not required by the method of claim 1 when there is no delay in hydrogen content detection.
Regarding claim 5, Ermatschenko ‘012 teaches the method according to claim 1, wherein the valves are controlled or controllable, but does not expressly disclose a control device configured to perform the steps of the method according to claim 1.
Park ‘249 discloses a method for controlling a fuel electrode drain valve of a fuel cell system by measuring, via a hydrogen sensor, the concentration of hydrogen released by opening the fuel electrode drain valve and controlling, via a controller, an opening area of the fuel electrode drain valve ([0019]). The controlling of the opening area of the drain valve may include determining the time when the concentration of the hydrogen exceeds a first reference value to start purging the hydrogen ([0019]). The hydrogen sensor 20 may be located at the outlet of the drain valve 160 and may measure the concentration of hydrogen released as the drain valve 160 is opened ([0051]).
Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the method for operating a fuel cell system, as taught by Ermatschenko ‘012, to include a controller for controlling the purge valve based on the concentration of hydrogen measured by the hydrogen sensor, for example, exceeding a first reference value, as suggested by Park ‘249.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DE 102015225658 A1 (Kemmer ‘658) discloses a fuel cell with a drain line for controlling the water balance of the fuel cell, wherein a fuel sensor or a hydrogen sensor is provided to monitor fuel or hydrogen leakage from the drain line ([0005]). The drain line may include a water separator, a water tank, and a drain valve ([0007]). The hydrogen sensor can be arranged at the end of the drain line behind the water tank to monitor the outlet of the drain line ([0008]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAYLOR H KRONE whose telephone number is (571)270-5064. The examiner can normally be reached Monday through Friday from 9:00 AM - 6:00 PM EST.
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/TAYLOR HARRISON KRONE/Examiner, Art Unit 1725
/JONATHAN CREPEAU/Primary Examiner, Art Unit 1725
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