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 .
Response to Arguments
Examiner acknowledges the cancellation of claims 2, 4, 6-8, 11-16, 18-19, 21, 23-24, 27-28, 30-31, 34-37, 40-41, 43, and 45.
Applicant’s arguments in view of the drawing amendments, see pages 9-10 of the Remarks, filed 22 December 2025, with respect to the drawing objection of claim 18 have been fully considered and are persuasive. The drawing objection of claim 18 has been withdrawn.
Applicant’s arguments in view of the specification amendments, see page 10 of the Remarks, filed 22 December 2025, with respect to the specification objections have been fully considered and are persuasive. The objections of the specification have been withdrawn.
Applicant’s arguments in view of the claim amendments, see page 10 of the Remarks, filed 22 December 2025, with respect to the claim objections of claims 25 and 38 have been fully considered and are persuasive. The claim objections of claims 25 and 38 has been withdrawn.
Applicant’s arguments in view of the claim amendments, see page 10 of the Remarks, filed 22 December 2025, with respect to the 35 U.S.C. 112 (b) rejection of claim 38 have been fully considered and are persuasive. The 35 U.S.C. 112 (b) rejection of claim 38 has been withdrawn.
Applicant’s arguments in view of the claim amendments, see page 11 of the Remarks, filed 22 December 2025, with respect to the 35 U.S.C. 103 rejection of claims 1, 3, 5, 9-10, 17, 20, 22, 25, 29, 32-33, 38, 44, and 46 have been fully considered and are persuasive. The 35 U.S.C. 103 rejection of claims 1, 3, 5, 9-10, 17, 20, 22, 25, 29, 32-33, 38, 44, and 46 has been withdrawn.
Applicant's arguments filed 22 December 2025 have been fully considered but they are not persuasive.
Regarding the 35 U.S.C. 112(b) rejection of claim 27 on page 10 of the Remarks:
Examiner respectfully disagrees with Applicant’s argument that the 35 U.S.C. 112 (b) rejection of claim 27 is fully overcome. While claim 27 is cancelled in the claims submitted 22 December 2025, the limitations of claim 27 were amended into claim 25. The limitation “two subsequent of periods of time” is still unclear as the periods of time are not defined as to when the fuel cell is supplied for the method. Paragraphs [61] to [64] of the specification submitted 25 September 2024 give support to the limitation, but it is unclear in the limitation the duration and occurrence of the time periods.
The 35 U.S.C. 112(b) rejection is maintained and applied to claim 25.
Claim Objections
Claim 32 is objected to because of the following informalities:
Line 2, “said energy storage” should be –an energy storage--. Appropriate correction is required.
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 25-26, 29, 32-33, 38-39, 42, 44, and 46 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 25 recites the limitation "wherein said fuel cell is supplied from two different gas sources in two subsequent periods of time" in the last two lines of the claim. The limitation is unclear as the periods of time is not defined in claim 25 for when it occurs within the method. However, claim 26 contains discontinuous periods of time. It is unclear if it is the same period of time as in claim 26 or another period of time within the method. The Office recommends having including claim 26 into claim 25 or include additional limitations with support from the specification to have more clarity for the periods of time. For purposes of examination, the limitation will be considered as it is written in claim 25 where it is a period of time within the method.
Allowable Subject Matter
Claim 25 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest pieces of prior art are Allidieres (US 20210222832 A1) in view of Kim (KR 101136012 B1) in further view of Hillier (WO 2010038069 A2), Li (US 20060118201 A1), and Sinding (WO 2021083471 A1).
Regarding Claim 1:
Allidieres discloses a system for filling one or more tanks, comprising:
- a first hydrogen gas source (3, Figure 1) comprising gaseous hydrogen,
- a second hydrogen gas source (4, Figure 1) comprising gaseous hydrogen (Paragraph [0016], the first and second hydrogen gas sources contain gaseous hydrogen),
- an outlet connection (13, Figure 1, the valve is the outlet connection),
- a conduit system (7, Figure 1, the conduit system is the transfer pipe),
- a receiving vessel (2, Figure 1) of a fuel cell vehicle, and
- a controller (8, Figure 1) configured to establish a flow of said gaseous hydrogen in said conduit system (Paragraph [0028]) based on when the pressure in said first hydrogen gas source (3, Figure 1) is below a dispensing threshold pressure (Paragraph [0030], the controller controls the flow of hydrogen gas through the valves to the vehicle tank when the pressure is below a threshold).
Kim teaches an energy supply system, comprising:
- an outlet connection (21, Figure 1, the hydrogen outlet port is the outlet connection),
- a receiving vessel of a fuel cell vehicle (Page 6, Lines 6-9, the fuel cell vehicle has a receiving vessel),
- a fuel cell (15, Figure 1),
-energy production by the fuel cell (Page 6, Lines 10-15), and
wherein said fuel cell (15, Figure 1) is electrically connectable to an electric load thereby facilitating supply of electric power to said electric load, when electrically connected to said fuel cell (Page 6, Lines 10-15, the fuel cell provides power to the electric load).
Hillier teaches a mobile fuel filling trailer, comprising:
wherein said first hydrogen gas source (100, Figure 1, the multi-cylinder pack is the first hydrogen gas source), is fluidly connectable to said outlet connection (H2, Figure 2) and to said fuel cell (20, Figure 1) via a conduit system (Figure 1, the conduit system is the piping in the mobile trailer (1)), thereby facilitating refueling a receiving vessel (Page 5, Lines 3-4, the receiving vessel is in the vehicle), when connected to said outlet connection, and energy production by said fuel cell (Page 5, Lines 9-13,the fuel cell generates energy for the trailer), and
a flow of said gaseous hydrogen in said conduit system from said first hydrogen gas sources to said fuel cell (Page 5, Lines 9-13, gaseous hydrogen flows towards the fuel cell).
Li teaches a mobile hydrogen delivery system, comprising:
A tube trailer (60, Figure 3 and Paragraph [0017], the mobile platform is the tube trailer), and
wherein said first hydrogen gas source (40, Figure 3) is fluidly connectable to said outlet connection (50, Figure 3, the hydrogen dispensing system is the outlet connection) and to said fuel cell (110, Figure 3) via a conduit system, thereby facilitating refueling a receiving vessel, when connected to said outlet connection, and energy production by said fuel cell (Paragraphs [0026] and [0036], the fuel cell produces energy production and is in communication with the first hydrogen gas source that also provides refueling of a receiving vessel).
Sinding teaches a hydrogen refueling station, comprising:
said controller is configured to establish flow of said gaseous hydrogen in said conduit system when the pressure in said first hydrogen gas source is below a dispensing threshold pressure (Paragraphs [0030] and [0096], the dispensing pressure threshold is the pressure that causes the first switch of tanks during fueling).
Claim 1 contains multiple contingent limitations using the term “when” where for systems or apparatus the structure needs to be present in the system to perform the function if the condition precedent is met (See MPEP 2111.04 II).
The prior art does not disclose or make obvious:
wherein said tube trailer is configured to simultaneously refuel a receiving vessel of a fuel cell vehicle and charge a range extender battery of said fuel cell vehicle.
The limitation in view of all other limitations of claim 1 is not obvious over the prior art of record. If any additional reference were to be found and applied to the limitation, hindsight could occur as it would further limit the secondary references of Kim and Li.
Regarding Claim 25:
Allidieres discloses a system for filling one or more tanks, comprising:
A method of controlling a gaseous flow in a conduit system (7, Figure 1, the conduit system is the transfer pipe) according to a refueling control strategy (Paragraph [0030], the cascade type filling is the refueling control strategy), wherein said conduit system (7, Figure 1) is fluidly connected to a plurality of gas sources (3, 4, 5, and 6, Figure 1), and an outlet connection (13, Figure 1, the valve is the outlet connection), and
wherein said gaseous flow is a hydrogen gas flow (Paragraph [0016], the first and second hydrogen gas sources contain gaseous hydrogen) controlled by a controller (8, Figure 1) controlling status of a plurality of valves (12, Figure 1) of said conduit system (7, Figure 1), wherein, during said refueling control strategy, said controller is controlling a gaseous flow from a first gas source (3, Figure 1) to a receiving vessel (2, Figure 1) connected to said outlet connection until one of the following conditions are met:
- the pressure of gas inside said first gas source reaches a dispensing threshold, or
- the gaseous flow from said first gas source to said receiving vessel reaches a determined flow speed (Paragraphs [0028] and [0030], the controller controls the flow of hydrogen gas through the valves to the receiving tank when the pressure of gas inside said first gas source reaches a dispensing threshold).
Kim teaches an energy supply system, comprising:
A method of controlling a gaseous flow in a conduit system according to a refueling control strategy and a refueling and energy generating control strategy, wherein said conduit system is fluidly connected to a gas source (13, Figure 1), an outlet connection (21, Figure 1, the hydrogen outlet port is the outlet connection) and a fuel cell (15, Figure 1), and
wherein, during said refueling and energy generating control strategy, said controller is controlling a gaseous flow from said first gas source to said fuel cell (Page 6, Lines 3-15, the refueling control strategy and a refueling and energy generating control strategy is how the system delivers both electric power and hydrogen gas to the consumers where gas is controlled through the system).
Hillier teaches a mobile fuel filling trailer, comprising:
a gaseous flow in a conduit system of a trailer (1, Figure 1), and
wherein, during said refueling and energy generating control strategy, controlling a gaseous flow from said first gas source (100, Figure 1, the multi-cylinder pack is the first hydrogen gas source) to said fuel cell (Page 5, Lines 9-13, gaseous hydrogen flows towards the fuel cell (15) in the trailer).
Li teaches a mobile hydrogen delivery system, comprising:
a gaseous flow in a conduit system of a trailer (60, Figure 3 and Paragraph [0017], the mobile platform is the tube trailer), and
wherein, during said refueling and energy generating control strategy, controlling a gaseous flow from said first gas source (40, Figure 3) to said fuel cell (Paragraphs [0026] and [0036], the fuel cell produces energy production and is in communication with the first hydrogen gas source that also provides refueling of a receiving vessel).
Sinding teaches a hydrogen refueling station, comprising:
said controller is configured to establish flow of said gaseous hydrogen in said conduit system when the pressure in said first hydrogen gas source is below a dispensing threshold pressure (Paragraphs [0030] and [0096], the dispensing pressure threshold is the pressure that causes the first switch of tanks during fueling).
Claim 25 contains multiple contingent limitations using the term “when” and “until one of the following conditions are meet” where for method claims having contingent limitations only requires that the step must be performed and does not included steps that are not required to be performed as the condition precedent is not met (See MPEP 2111.04 II).
The prior art does not disclose or make obvious:
wherein said fuel cell is supplied form two different gas sources in two subsequent periods of time.
The limitation in view of all other limitations of claim 25 is not obvious over the prior art of record. If any additional reference were to be found and applied to the limitation, hindsight could occur as it would further limit the secondary references of Kim, Hillier and Li to add in the periods of time and the fuel cell being supplied from two different gas sources.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Niedwiecki (US 6755225 B1) teaches a transportable hydrogen refueling station comprising a tube trailer, a controller, and a power source.
Eichelberger (US 6786245 B1) teaches a self-contained mobile fueling station comprising a battery, a tube trailer, hydrogen gas, a nozzle, and valves.
Capizzo (US 7602143 B2) teaches a system for replenishing energy sources comprising hydrogen gas, a battery, a trailer, a truck, and valves.
Pollica (US 20240042874 A1) teaches a hybrid electric and hydrogen dispensing systems comprising a receiving tank, a battery, hydrogen gas and a controller.
Ishihara (US 20170207745 A1) teaches a vehicle hydrogen fuel unit and electric vehicle charger comprising hydrogen gas, valves, a controller, an electrical load, a fuel cell, and dispensers.
Pickles (US 12337709 B2) teaches a supply station comprising a vehicle hydrogen fuel unit and electric vehicle charger.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/STEPHANIE A SHRIEVES/Examiner, Art Unit 3753
/KENNETH RINEHART/Supervisory Patent Examiner, Art Unit 3753