Prosecution Insights
Last updated: July 17, 2026
Application No. 18/840,364

SYSTEMS AND METHODS FOR IN SITU CALIBRATION OF FUEL CELL SENSOR

Non-Final OA §103
Filed
Aug 21, 2024
Priority
Mar 08, 2022 — nonprovisional of PCTUS2022019323
Examiner
GRAY, FRANCIS C
Art Unit
Tech Center
Assignee
Cummins Inc.
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
929 granted / 1021 resolved
+31.0% vs TC avg
Moderate +7% lift
Without
With
+7.2%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
11 currently pending
Career history
1028
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
41.1%
+1.1% vs TC avg
§102
44.3%
+4.3% vs TC avg
§112
7.0%
-33.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1021 resolved cases

Office Action

§103
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 . 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. Claim(s) 1, 2, 6, 10, & 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. [PG. Pub. US 2011/0195324 A1] in view of Cetegen et al. [PG. Pub. No.: US 2008/0118783 A1]. With regards to claim 1, Zhang discloses a fuel cell system in a vehicle or powertrain (invention relates generally to a system and method for recovering cell voltage loss in a PEM fuel cell stack and, more particularly, to a system and method for recovering cell voltage loss in a PEM fuel cell stack by providing stack operating conditions that generate significant stack water, (¶0003); Proton exchange membrane fuel cells (PEMFC) are a popular fuel cell for vehicles, (¶0006) comprising: a first fuel flow stream and a second fuel flow stream mixing to form a third fuel flow stream, the third fuel flow stream flowing through an anode (stack is operated at a relatively low temperature where significant condensation will occur to generate liquid water in the cells hydrogen gas [first fuel flow] to the anode side at a flow rate for the desired stack power output. if the process is being performed at a service location, humidity [second fuel flow] can be provided to the anode side, ¶0025), flow rates to the anode side and the cathode side are selected and adjusted so that enough inlet water [second fuel flow] is sent to the anode side of the stack, (¶0028), where the combination of the hydrogen and humidity/inlet water from the third fuel) comprising an anode inlet and an anode outlet in a fuel cell stack (anode side of the fuel cell stack 12 receives hydrogen gas from a hydrogen source 32 on an anode input line 30 and provides an anode exhaust gas on line 34 through a valve 36, such as a bleed valve. purge valve, etc. A pump 38 pumps a cooling fluid through the stack 12 and a coolant loop 40 external to the stack 12. A power source 42, such as a battery, is included to provide a current flow through the stack, (0023), comprising an anode inlet and an anode outlet in a fuel cell stack, a first air flow stream flowing through a cathode comprising a cathode inlet and a cathode outlet in the fuel cell stack (first technique also includes providing hydrogen to the anode side of the stack and air to the cathode side of the stack, and operating the stack at a relatively low cell voltage, Abstract), however is silent on at least two physical or virtual sensors located in the fuel cell system, and a controller, wherein the at least two physical or virtual sensors are calibrated in situ by the controller. Cetegen teaches of at least two physical or virtual sensors located in the fuel cell system, and a controller, wherein the at least two physical or virtual sensors are calibrated in situ by the controller (at least two physical or virtual sensors located in the fuel cell system (light measurements can be taken during steady-state fuel cell operation and/or during dynamic fuel cell operation reference light sensor and the transmission light sensor are photodiode sensors characterized by a fiber optic coupled diode-sensor, (¶0015); Each of the plurality of flow channels is adapted to allow for light to pass through the flow channel and be measured by a light sensor. Light measurements can be taken in a non-operating fuel cell having input gas streams of known humidity thereby allowing for calibration of fuel cell parameters. The parameters are selected from the group consisting of light absorption, gas inputs to the fuel cell, operating temperature, (¶0016), and a controller (exemplary measuring system according to the present disclosure can be adapted to calibrate a fuel cell and/or input parameters to the fuel cell or fuel cell controller based on data received from the validation testing, (¶0048), wherein the at least two physical or virtual sensors are calibrated in situ by the controller (measuring system according to the present disclosure can be adapted to calibrate a fuel cell and/or input parameters to the fuel cell or fuel cell controller based on data received, (¶0048); Light measurements can be taken in a non-operating fuel cell having input gas streams of known humidity thereby allowing for calibration of fuel cell parameters. The parameters are selected from the group consisting of light absorption, gas inputs to the fuel cell, operating temperature, (¶0016); measuring parameters associated with a fuel cell in situ, (¶0020); experimental setup for calibration, steady-state, and dynamic testing of a fuel cell system, (¶0028); calibration and testing of the optical device is achievable, (¶0044). At the time of filing, it would have been obvious to one ordinary skilled in the art to modify the fuel system of Zhang with the at least two physical or virtual sensors located in the fuel cell system based upon Cetegen teachings. When modifying Zhang one would have readily to provide an improved system that facilitates control of operational parameters, which prevents negative effects with respect to the fuel cell and thus improving performance. (¶0077). With regards to claim 2, Cetegen teaches wherein the at least two physical or virtual sensors are pressure sensors (light measurements can be taken during steady-state fuel cell operation and/or during dynamic fuel cell operation reference light sensor and the transmission light sensor are photodiode sensors characterized by a fiber optic coupled diode-sensor, (¶0015); methods that allow for simultaneous partial pressure and temperature measurements, (¶0077). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the fuel cell system of Zhang to include at least two physical or virtual pressure sensors as taught by Cetegen. The motivation being to provide an improved system with accurate determination of pressure based on equilibration of rotational molecular energy modes, which is used to assist in the calibration of the system to further provide more accurate measurements, (¶0083). With regards to claim 6, Cetegen teaches wherein the at least two physical or virtual sensors are temperature sensors (light measurements can be taken during steady-state fuel cell operation and/or during dynamic fuel cell operation reference light sensor and the transmission light sensor are photodiode sensors characterized by a fiber optic coupled diode-sensor, (¶0015); methods that allow for simultaneous partial pressure and temperature measurements, (¶0077). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the fuel cell system of Zhang to include at least two physical or virtual temperature sensors as taught by Cetegen. The motivation being to provide an improved system that measures temperature in order to facilitate the control of operational parameters, improving performance, (¶0079). With regards to claim 10, Zhang discloses wherein the system further comprises a battery (power source such as a battery, is included to provide a current flow through the stack, ¶0023), however is silent on and wherein the controller determines a calibration operating state of the system. Cetegen teaches of the controller determines a calibration (measuring system according to the present disclosure can be adapted to calibrate a fuel cell and/or input parameters to the fuel cell or fuel cell controller based on data received from the validation testing, (¶0048); measurements are based on equilibration of rotational molecular energy modes, which are much faster than the dynamic processes occurring in fuel cells, this technique is applicable for steady-state and dynamic operation of the fuel cell, ¶0083) operating state of the system (Each of the plurality of flow channels is adapted to allow for light to pass through the flow channel and be measured by a light sensor. Light measurements can be taken in a non-operating fuel cell having input gas streams of known humidity thereby allowing for calibration of fuel cell parameters. The parameters are selected from the group consisting of light absorption, gas inputs to the fuel cell, operating temperature, humidity of gas inputs and combinations thereof, (¶0016); light measurements can be taken during steady-state fuel cell operation and/or during dynamic fuel cell operation reference light sensor and the transmission light sensor are photodiode sensors characterized by a fiber optic coupled diode-sensor, (¶0015); methods that allow for simultaneous partial pressure and temperature measurements, (¶0077). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the fuel cell system of Zhang to include a controller that determines a calibration operating state of the system as taught by Cetegen. The motivation being to provide an improved system with precise measurements, which are used to assist in the calibration of the system to further provide more accurate measurements, (¶0081). With regards to the method claim 12, the method thereof is met by the apparatus of Zhang et al. in view of Cetegen as cited above in claim 1. Allowable Subject Matter Claims 3-5, 7-9, 11, & 13-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. With regards to claim 3, the prior art does not disclose or suggest the claimed “at least two physical or virtual sensors are used to measure pressure difference across the anode of the fuel cell stack, across a blower, across one or more ejector, or across a bypass valve”. With regards to claim 4, the prior art does not disclose or suggest the claimed at least two physical or virtual sensors are used to measure pressure difference across the cathode of the fuel cell stack. With regards to claim 5, the prior art does not disclose or suggest the claimed at least two physical or virtual sensors are used to measure pressure difference between the cathode and the anode of the fuel cell or fuel cell stack With regards to claim 7, the prior art does not disclose or suggest the claimed temperature difference between the first fuel flow stream and the third fuel flow stream, between the second fuel flow stream and the third fuel flow stream, or between the first air flow stream and the second air flow stream. With regards to claim 8, the prior art does not disclose or suggest the claimed first sensor and the second sensor are calibrated by comparing measurements made by both sensors under the same pressure or temperature. With regards to claim 9, the prior art does not disclose or suggest the claimed first sensor and second sensor are located on the anode and are calibrated during nitrogen blanketing procedure, or wherein the first sensor and second sensor are located on the cathode and are calibrated during nitrogen blanketing procedure, or wherein the first sensor is located on the anode and the second sensor is located on the cathode and both sensors are calibrated across the anode and cathode during nitrogen blanketing procedure With regards to claim 11, the prior art does not disclose or suggest the claimed controller determines a calibration operating state of the system. With regards to claim 13, the prior art does not disclose or suggest the method claimed at least two physical or virtual sensors are a first pressure sensor and a second pressure sensor located on the anode and are calibrated during nitrogen blanketing procedure. Claim 14 depends thereof claim 13. With regards to claim 15, the prior art does not disclose or suggest the claimed at least two pressure sensors by the controller at the high operating pressure of about 2.5 bara, allowing a small leakage from the cathode, reducing cathode manifold pressure from the high operating pressure of about 2.5 bara to a low operating pressure of about 1.5 bara, and calibrating the at least two pressure sensors by the controller across a full operating pressure range while fuel cell stack voltage decays. Claim 16 depends thereof claim 15. With regards to claim 17, the prior art does not disclose or suggest the claimed at a first pressure sensor located on the anode and a second pressure sensor located on the cathode and are calibrated across the anode and cathode during nitrogen blanketing procedure. Claim 18 depends thereof claim 17. With regards to claim 19, the prior art does not disclose or suggest the claimed calibration operating state comprises the battery to powering the vehicle or powertrain and calibrating the at least two physical or virtual sensors. Claim 20 depends thereof claim 19. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANCIS C GRAY whose telephone number is (571)270-3348. The examiner can normally be reached Monday-Friday 7am-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, Stephanie Bloss can be reached at 571-272-3555. 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. /FRANCIS C GRAY/Primary Examiner, Art Unit 2852
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Prosecution Timeline

Aug 21, 2024
Application Filed
Jun 22, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
98%
With Interview (+7.2%)
1y 11m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1021 resolved cases by this examiner. Grant probability derived from career allowance rate.

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