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 .
Status of Claims
This action is in reply to the Application Number 18/918,801 filed on 10/17/2024.
Claims 1-10 are currently pending and have been examined.
This action is made FINAL in response to the “Amendment” and “Remarks” filed on 05/04/2026.
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.
Claims 1, 5-7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Bader (DE 102014009772 A1) in view of Patel (U.S. Pub. No. 2015/0298523 A1).
Regarding Claim 1:
Bader teaches:
A method for operating a hybrid vehicle which has a fuel cell and an energy store, comprising:, (“an electric hybrid or fuel cell vehicle is known that combines an electrical energy storage device with a fuel cell.” (Bader: Description))
monitoring a state-of-charge of the energy store of the hybrid vehicle when the hybrid vehicle is at a standstill, responsive to the state-of-charge of the energy store being above a first state-of-charge threshold value,, (“The above object is also achieved by a method for operating such an electric vehicle according to the invention. […] The fuel cell system is therefore started accordingly early to recharge the electrical energy storage.” (Bader: Description) Bader further mentions “The fuel cell system 6 is in the with 35 designated box off and the electrical energy storage device 4 will not load. […] If not, the query starts again. If both points are satisfied, that is the state of charge (SOC) of the electrical energy storage device 4 less than, for example, 70% of the full charge and the temperature (Temp) of the refrigeration system 10 the fuel cell system 6 is above 5 ° C, then in the with 38 designated box recharging the electrical energy storage device 4 via the fuel cell system 6 started.” (Bader: Description))
heating a vehicle interior of the hybrid vehicle and/or a luggage compartment of the hybrid vehicle when the vehicle is at the standstill using an electric heating element for which a first supply current from the energy store is provided,, (“Another extremely favorable and advantageous embodiment of the electric vehicle according to the invention now provides, furthermore, that a burner for the thermal conversion of hydrogen is provided, the heat of the cooling system of the fuel cell system and / or, at least indirectly, benefits a vehicle interior. […] In addition, the interior heating via the combustion of hydrogen in terms of overall efficiency can be done much more efficiently.” (Bader: Description) Bader further mentions “In the presentation of the 6 is a possibility for heating an interior of the electric vehicle 1 shown. […] At the same time, the cooling medium can be in the cooling system 10 and thus the fuel cell system 6 This will heat up faster if needed.” (Bader: Description))
responsive to the state-of-charge of the energy store being below the first state-of-charge threshold value,, (“The above object is also achieved by a method for operating such an electric vehicle according to the invention. […] Only after one hand, the temperature of the cooling medium in the cooling system of the fuel cell system has reached a predetermined value and also the state of charge of the electric energy storage has dropped below a predetermined value, the highly efficient fuel cell system is started to recharge the electric energy storage and thus the range of the electric vehicle increase.” (Bader: Description))
operating the fuel cell when the hybrid vehicle is at the standstill to charge the energy store, wherein waste heat is generated by the operating of the fuel cell, (“In the electric vehicle according to the invention, it is provided that in addition to an electric battery to provide the electrical drive power, a fuel cell system is present, via which, if necessary, the electrical energy storage can be recharged. […] The fuel cell then does not have to be designed for a cold start or freeze start and can accordingly be made very simple, efficient, cost-effective and optimized in terms of service life.” (Bader: Description))
and heating the vehicle interior of the hybrid vehicle and/or the luggage compartment of the hybrid vehicle using at least the generated waste heat., (“Another extremely favorable and advantageous embodiment of the electric vehicle according to the invention now provides, furthermore, that a burner for the thermal conversion of hydrogen is provided, the heat of the cooling system of the fuel cell system and / or, at least indirectly, benefits a vehicle interior. […] In addition, the interior heating via the combustion of hydrogen in terms of overall efficiency can be done much more efficiently.” (Bader: Description) Bader further mentions “In the presentation of the 6 is a possibility for heating an interior of the electric vehicle 1 shown. […] At the same time, the cooling medium can be in the cooling system 10 and thus the fuel cell system 6 This will heat up faster if needed.” (Bader: Description))
Bader does not teach but Patel teaches:
when the hybrid vehicle is at the standstill,, (See (Patel: Background of the Invention – 4th paragraph))
It would have been obvious to one of ordinary skill in the art at the time of filing, before the effective filing date of the claimed invention, to modify Bader with these above aforementioned teachings from Patel in order to create an effective method for operating a hybrid vehicle. At the time the invention was filed, one of ordinary skill in the art would have been motivated to incorporate Bader’s electric vehicle with a fuel cell system with Patel’s auxiliary heating system for vehicles in order to include an air-conditioning device which is temporarily operated using waste heat and temporarily operated using a supply current. Combining Bader and Patel would thus provide “operation of an auxiliary heater during times that an internal combustion engine of the vehicle is off.” (Patel: Background of the Invention – 4th paragraph)
Regarding Claim 5:
Bader in view of Patel, as shown in the rejection above, discloses the limitations of claim 2. Bader further teaches:
The method according to claim 2, wherein the fuel cell is operated intermittently., (“In the electric vehicle according to the invention, it is provided that in addition to an electric battery to provide the electrical drive power, a fuel cell system is present, via which, if necessary, the electrical energy storage can be recharged. […] The fuel cell then does not have to be designed for a cold start or freeze start and can accordingly be made very simple, efficient, cost-effective and optimized in terms of service life.” (Bader: Description))
Regarding Claim 6:
Bader in view of Patel, as shown in the rejection above, discloses the limitations of claim 1. Bader further teaches:
[…] using the waste heat and at least temporarily using the first supply current., (“Another extremely favorable and advantageous embodiment of the electric vehicle according to the invention now provides, furthermore, that a burner for the thermal conversion of hydrogen is provided, the heat of the cooling system of the fuel cell system and / or, at least indirectly, benefits a vehicle interior. […] In addition, the interior heating via the combustion of hydrogen in terms of overall efficiency can be done much more efficiently.” (Bader: Description) Bader further mentions “In the presentation of the 6 is a possibility for heating an interior of the electric vehicle 1 shown. […] At the same time, the cooling medium can be in the cooling system 10 and thus the fuel cell system 6 This will heat up faster if needed.” (Bader: Description))
Bader does not teach but Patel teaches:
The method of claim 1, wherein the hybrid vehicle has an air-conditioning device which is operated at least temporarily, (See (Patel: Detailed Description of Preferred Embodiments – 24th-25th paragraphs))
It would have been obvious to one of ordinary skill in the art at the time of filing, before the effective filing date of the claimed invention, to modify Bader with these above aforementioned teachings from Patel in order to create an effective method for operating a hybrid vehicle. At the time the invention was filed, one of ordinary skill in the art would have been motivated to incorporate Bader’s electric vehicle with a fuel cell system with Patel’s auxiliary heating system for vehicles in order to include an air-conditioning device which is temporarily operated using waste heat and temporarily operated using a supply current. Combining Bader and Patel would thus provide “operation of an auxiliary heater during times that an internal combustion engine of the vehicle is off.” (Patel: Background of the Invention – 4th paragraph)
Regarding Claim 7:
Bader in view of Patel, as shown in the rejection above, discloses the limitations of claim 1. Bader further teaches:
The method of claim 1, wherein the hybrid vehicle has a cooling device which is operated at least temporarily using a second supply current which is produced by the fuel cell or by the energy store., (“In the electric vehicle according to the invention, it is provided that in addition to an electric battery to provide the electrical drive power, a fuel cell system is present, via which, if necessary, the electrical energy storage can be recharged. […] In regular operation, the cooling capacity of the cooling system of the fuel cell system then suffices to cool both the power electronics and the traction motor and the fuel cell itself, especially if the fuel cell system is constructed in terms of a pure range extender and a correspondingly low power rating, for example in the Magnitude of 10 to 15 kW, maximum 20 kW.” (Bader: Description) Bader further mentions “The fuel cell 7 now has the already mentioned in the representation of 1 indicated cooling system 10 on, which without direct thermal contact with the cooling system 5 the electrical energy storage device 4 is constructed. […] The problem with regard to the ion entry is therefore not relevant.” (Bader: Description))
Regarding Claim 10:
Bader teaches:
A hybrid vehicle comprising; a fuel cell; an energy store,, A hybrid vehicle comprising; a fuel cell; an energy store,, (“an electric hybrid or fuel cell vehicle is known that combines an electrical energy storage device with a fuel cell.” (Bader: Description))
monitor, based on output from the state-of-charge sensor, a state-of-charge of the energy store of the hybrid vehicle when the hybrid vehicle is at a standstill,, (“The above object is also achieved by a method for operating such an electric vehicle according to the invention. […] Only after one hand, the temperature of the cooling medium in the cooling system of the fuel cell system has reached a predetermined value and also the state of charge of the electric energy storage has dropped below a predetermined value, the highly efficient fuel cell system is started to recharge the electric energy storage and thus the range of the electric vehicle increase.” (Bader: Description))
operate the fuel cell when the hybrid vehicle is at the standstill to charge the energy store, at least as long as the state-of-charge of the energy store is below a first state-of-charge threshold value, wherein waste heat is generated by the operating of the fuel cell, (“In the electric vehicle according to the invention, it is provided that in addition to an electric battery to provide the electrical drive power, a fuel cell system is present, via which, if necessary, the electrical energy storage can be recharged. […] The fuel cell then does not have to be designed for a cold start or freeze start and can accordingly be made very simple, efficient, cost-effective and optimized in terms of service life.” (Bader: Description))
and heat the vehicle interior of the hybrid vehicle and/or the luggage compartment of the hybrid vehicle using at least the generated waste heat., (“Another extremely favorable and advantageous embodiment of the electric vehicle according to the invention now provides, furthermore, that a burner for the thermal conversion of hydrogen is provided, the heat of the cooling system of the fuel cell system and / or, at least indirectly, benefits a vehicle interior. […] In addition, the interior heating via the combustion of hydrogen in terms of overall efficiency can be done much more efficiently.” (Bader: Description) Bader further mentions “In the presentation of the 6 is a possibility for heating an interior of the electric vehicle 1 shown. […] At the same time, the cooling medium can be in the cooling system 10 and thus the fuel cell system 6 This will heat up faster if needed.” (Bader: Description))
Bader does not teach but Patel teaches:
a state-of-charge sensor, a vehicle interior and/or a luggage compartment, an air-conditioning device which includes an electric heating element, and a control device configured to:, (See (Patel: Background of the Invention – 6th-7th paragraphs and Detailed Description of Preferred Embodiments – 24th-28th and 35th paragraphs, FIG. 1-4))
when the hybrid vehicle is at the standstill,, (See (Patel: Background of the Invention – 4th paragraph))
It would have been obvious to one of ordinary skill in the art at the time of filing, before the effective filing date of the claimed invention, to modify Bader with these above aforementioned teachings from Patel in order to create an effective method for operating a hybrid vehicle. At the time the invention was filed, one of ordinary skill in the art would have been motivated to incorporate Bader’s electric vehicle with a fuel cell system with Patel’s auxiliary heating system for vehicles in order to include an air-conditioning device which is temporarily operated using waste heat and temporarily operated using a supply current. Combining Bader and Patel would thus provide “operation of an auxiliary heater during times that an internal combustion engine of the vehicle is off.” (Patel: Background of the Invention – 4th paragraph)
Claims 2-4 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Bader (DE 102014009772 A1) in view of Patel (U.S. Pub. No. 2015/0298523 A1) in further view of Hirabayashi (U.S. Pub. No. 2016/0244052 A1).
Regarding Claim 2:
Bader in view of Patel, as shown in the rejection above, discloses the limitations of claim 1. Bader further teaches:
[…] wherein the vehicle interior and/or the luggage compartment is then heated exclusively using the electric heating element., (“Another extremely favorable and advantageous embodiment of the electric vehicle according to the invention now provides, furthermore, that a burner for the thermal conversion of hydrogen is provided, the heat of the cooling system of the fuel cell system and / or, at least indirectly, benefits a vehicle interior. […] In addition, the interior heating via the combustion of hydrogen in terms of overall efficiency can be done much more efficiently.” (Bader: Description) Bader further mentions “In the presentation of the 6 is a possibility for heating an interior of the electric vehicle 1 shown. […] At the same time, the cooling medium can be in the cooling system 10 and thus the fuel cell system 6 This will heat up faster if needed.” (Bader: Description))
Bader in view of Patel does not teach but Hirabayashi teaches:
The method according to claim 1, wherein the operation of the fuel cell is terminated responsive to the state-of-charge of the energy store exceeding a second state-of-charge threshold value,, (See (Hirabayashi: Background of the Invention – 5th paragraph and Detailed Description of Embodiments – 50th-56th and 82nd-89th paragraphs))
It would have been obvious to one of ordinary skill in the art at the time of filing, before the effective filing date of the claimed invention, to modify Bader in view of Patel with these above aforementioned teachings from Hirabayashi in order to create an efficient method for operating a hybrid vehicle. At the time the invention was filed, one of ordinary skill in the art would have been motivated to incorporate Bader’s electric vehicle with a fuel cell system with Hirabayashi’s hybrid vehicle and method in order to terminate operation of a fuel cell in a hybrid vehicle responsive to a state-of-charge of an energy store exceeding a first threshold value greater than a first and third threshold value and to include a control device coupled to a trajectory planner in the hybrid vehicle. Combining Bader and Hirabayashi would thus provide “a hybrid vehicle that is capable of executing heating control which is appropriate to a CD mode/CS mode, and a method for controlling the same.” (Hirabayashi: Summary of the Invention – 9th paragraph)
Regarding Claim 3:
Bader in view of Patel, as shown in the rejection above, discloses the limitations of claim 2. Bader in view of Patel does not teach but Hirabayashi teaches:
The method according to claim 2, wherein the second state-of-charge threshold value is greater than the first state-of-charge threshold value., (See (Hirabayashi: Background of the Invention – 5th paragraph and Detailed Description of Embodiments – 50th-56th and 82nd-89th paragraphs))
It would have been obvious to one of ordinary skill in the art at the time of filing, before the effective filing date of the claimed invention, to modify Bader in view of Patel with these above aforementioned teachings from Hirabayashi in order to create an efficient method for operating a hybrid vehicle. At the time the invention was filed, one of ordinary skill in the art would have been motivated to incorporate Bader’s electric vehicle with a fuel cell system with Hirabayashi’s hybrid vehicle and method in order to terminate operation of a fuel cell in a hybrid vehicle responsive to a state-of-charge of an energy store exceeding a first threshold value greater than a first and third threshold value and to include a control device coupled to a trajectory planner in the hybrid vehicle. Combining Bader and Hirabayashi would thus provide “a hybrid vehicle that is capable of executing heating control which is appropriate to a CD mode/CS mode, and a method for controlling the same.” (Hirabayashi: Summary of the Invention – 9th paragraph)
Regarding Claim 4:
Bader in view of Patel, as shown in the rejection above, discloses the limitations of claim 2. Bader further teaches:
The method according to claim 2, wherein the operation of the fuel cell is reactivated, responsive to the state-of-charge of the energy store falling below a third state-of-charge threshold value,, (“The above object is also achieved by a method for operating such an electric vehicle according to the invention. […] Only after one hand, the temperature of the cooling medium in the cooling system of the fuel cell system has reached a predetermined value and also the state of charge of the electric energy storage has dropped below a predetermined value, the highly efficient fuel cell system is started to recharge the electric energy storage and thus the range of the electric vehicle increase.” (Bader: Description) Bader further mentions “The fuel cell system 6 is in the with 35 designated box off and the electrical energy storage device 4 will not load. […] This power would not be enough for a standard electric vehicle 1 in the form of a passenger car with the dynamic expected by the user.” (Bader: Description))
Bader in view of Patel does not teach but Hirabayashi teaches:
[…] wherein the third state-of-charge threshold value is less than the second state-of-charge threshold value., (See (Hirabayashi: Background of the Invention – 5th paragraph and Detailed Description of Embodiments – 50th-56th and 82nd-89th paragraphs))
It would have been obvious to one of ordinary skill in the art at the time of filing, before the effective filing date of the claimed invention, to modify Bader in view of Patel with these above aforementioned teachings from Hirabayashi in order to create an efficient method for operating a hybrid vehicle. At the time the invention was filed, one of ordinary skill in the art would have been motivated to incorporate Bader’s electric vehicle with a fuel cell system with Hirabayashi’s hybrid vehicle and method in order to terminate operation of a fuel cell in a hybrid vehicle responsive to a state-of-charge of an energy store exceeding a first threshold value greater than a first and third threshold value and to include a control device coupled to a trajectory planner in the hybrid vehicle. Combining Bader and Hirabayashi would thus provide “a hybrid vehicle that is capable of executing heating control which is appropriate to a CD mode/CS mode, and a method for controlling the same.” (Hirabayashi: Summary of the Invention – 9th paragraph)
Regarding Claim 8:
Bader in view of Patel, as shown in the rejection above, discloses the limitations of claim 1. Bader further teaches:
[…] and wherein the control device, knowing when the standstill of the hybrid vehicle is to occur, prevents operation of the fuel cell before the hybrid vehicle is at the standstill, so that locomotion of the hybrid vehicle is provided exclusively based on the energy store […], (“In the electric vehicle according to the invention, it is provided that in addition to an electric battery to provide the electrical drive power, a fuel cell system is present, via which, if necessary, the electrical energy storage can be recharged. […] The fuel cell then does not have to be designed for a cold start or freeze start and can accordingly be made very simple, efficient, cost-effective and optimized in terms of service life.” (Bader: Description) Bader further mentions “In the presentation of the 1 is very heavily schematized an electric vehicle 1 indicated, which via an electric drive motor 2 is driven. […] The waste heat of the electrical energy storage device arising during charging and discharging during normal operation 4 is via a with the electrical energy storage device 4 connected per se known cooling system 5 , which in the representation of the 1 merely indicated, dissipated.” (Bader: Description))
[…] before the hybrid vehicle is at the standstill., (“Its waste heat can also be used ideally to quickly heat the cooling system of the fuel cell system when driving off.” (Bader: Description) Bader further mentions “When driving off the vehicle so this is ideally always fully charged and is due to the charge on at least for the start of the electric vehicle 1 suitable temperature level available.” (Bader: Description))
Bader in view of Patel does not teach but Hirabayashi teaches:
The method of claim 1, wherein a control device is provided, which controls the operation of the fuel cell and of the energy store, wherein the control device is coupled to a trajectory planner,, (See (Hirabayashi: Summary of the Invention – 10th-22nd paragraphs and Detailed Description of Embodiments – 50th paragraph))
It would have been obvious to one of ordinary skill in the art at the time of filing, before the effective filing date of the claimed invention, to modify Bader in view of Patel with these above aforementioned teachings from Hirabayashi in order to create an efficient method for operating a hybrid vehicle. At the time the invention was filed, one of ordinary skill in the art would have been motivated to incorporate Bader’s electric vehicle with a fuel cell system with Hirabayashi’s hybrid vehicle and method in order to terminate operation of a fuel cell in a hybrid vehicle responsive to a state-of-charge of an energy store exceeding a first threshold value greater than a first and third threshold value and to include a control device coupled to a trajectory planner in the hybrid vehicle. Combining Bader and Hirabayashi would thus provide “a hybrid vehicle that is capable of executing heating control which is appropriate to a CD mode/CS mode, and a method for controlling the same.” (Hirabayashi: Summary of the Invention – 9th paragraph)
Regarding Claim 9:
Bader in view of Patel, as shown in the rejection above, discloses the limitations of claim 8. Bader further teaches:
[…] prevents the operation of the fuel cell only to the extent that a minimum state-of-charge of the energy store is guaranteed., (“The fuel cell system 6 is in the with 35 designated box off and the electrical energy storage device 4 will not load. […] This power would not be enough for a standard electric vehicle 1 in the form of a passenger car with the dynamic expected by the user.” (Bader: Description))
Bader in view of Patel does not teach but Hirabayashi teaches:
The method of claim 8, wherein the control device, (See (Hirabayashi: Summary of the Invention – 10th-22nd paragraphs and Detailed Description of Embodiments – 50th paragraph))
It would have been obvious to one of ordinary skill in the art at the time of filing, before the effective filing date of the claimed invention, to modify Bader in view of Patel with these above aforementioned teachings from Hirabayashi in order to create an efficient method for operating a hybrid vehicle. At the time the invention was filed, one of ordinary skill in the art would have been motivated to incorporate Bader’s electric vehicle with a fuel cell system with Hirabayashi’s hybrid vehicle and method in order to terminate operation of a fuel cell in a hybrid vehicle responsive to a state-of-charge of an energy store exceeding a first threshold value greater than a first and third threshold value and to include a control device coupled to a trajectory planner in the hybrid vehicle. Combining Bader and Hirabayashi would thus provide “a hybrid vehicle that is capable of executing heating control which is appropriate to a CD mode/CS mode, and a method for controlling the same.” (Hirabayashi: Summary of the Invention – 9th paragraph)
Response to Arguments
Applicant’s arguments filed on May 4th, 2026 with regard to the 35 U.S.C. 103 rejection have been fully considered but are not persuasive.
With regard to the 35 U.S.C. 103 rejection, the limitations are taught in the combination of Bader and Patel as has been set forth above, contrary to the Applicant’s assertions. Therefore, the Applicant’s amendments and arguments are insufficient to overcome these prior art rejections.
More specifically, Bader mentions “The above object is also achieved by a method for operating such an electric vehicle according to the invention. […] Only after one hand, the temperature of the cooling medium in the cooling system of the fuel cell system has reached a predetermined value and also the state of charge of the electric energy storage has dropped below a predetermined value, the highly efficient fuel cell system is started to recharge the electric energy storage and thus the range of the electric vehicle increase.” (Bader: Description) Furthermore, Bader states “In the electric vehicle according to the invention, it is provided that in addition to an electric battery to provide the electrical drive power, a fuel cell system is present, via which, if necessary, the electrical energy storage can be recharged. […] The fuel cell then does not have to be designed for a cold start or freeze start and can accordingly be made very simple, efficient, cost-effective and optimized in terms of service life.” (Bader: Description) Bader further states “Another extremely favorable and advantageous embodiment of the electric vehicle according to the invention now provides, furthermore, that a burner for the thermal conversion of hydrogen is provided, the heat of the cooling system of the fuel cell system and / or, at least indirectly, benefits a vehicle interior. […] In addition, the interior heating via the combustion of hydrogen in terms of overall efficiency can be done much more efficiently.” (Bader: Description) Bader further mentions “In the presentation of the 6 is a possibility for heating an interior of the electric vehicle 1 shown. […] At the same time, the cooling medium can be in the cooling system 10 and thus the fuel cell system 6 This will heat up faster if needed.” (Bader: Description) The broadest reasonable interpretation determines that the hybrid vehicle is at standstill when started and the moment after starting. In doing so, Bader addresses the Applicant’s limitations of “responsive to the state-of-charge of the energy store being below the first state-of-charge threshold value”, “operating the fuel cell when the hybrid vehicle is at the standstill to charge the energy store, wherein waste heat is generated by the operating of the fuel cell”, and “and heating the vehicle interior of the hybrid vehicle and/or the luggage compartment of the hybrid vehicle using at least the generated waste heat” as set forth in claim 1.
Moreover, Patel mentions “In order to provide passenger comfort […] is sometimes prohibited by law.” See (Patel: Background of the Invention – 4th paragraph) In doing so, Patel addresses the Applicant’s limitation of “when the hybrid vehicle is at the standstill” as set forth in claim 1.
As a result, the combination of the combination of Bader and Patel addresses “responsive to the state-of-charge of the energy store being below the first state-of-charge threshold value, operating the fuel cell when the hybrid vehicle is at the standstill to charge the energy store, wherein waste heat is generated by the operating of the fuel cell when the hybrid vehicle is at the standstill, and heating the vehicle interior of the hybrid vehicle and/or the luggage compartment of the hybrid vehicle using at least the generated waste heat” as set forth by the Applicant in claim 1.
Conclusion
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 extension fee 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey Chalhoub whose telephone number is (571) 272-9754. The examiner can normally be reached Mon-Fri 8:30-5:30. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Ortiz can be reached on (571) 272-1206. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.R.C./Examiner, Art Unit 3663
/ANGELA Y ORTIZ/Supervisory Patent Examiner, Art Unit 3663
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