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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Currently, no claim limitation is being interpreted as invoking 35 U.S.C. 112(f).
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2015/0184804 to Handa (Handa) in view of US Patent Application Publication 2003/0029224 to Pratt et al. (Pratt).
Regarding claims 1 and 11, Handa discloses a controller and method (abstract) for refueling a fuel cell, comprising: a data acquisition system (ECU 6) configured to: receive, in a first sampling time period, sensor data of a hydrogen storage unit (information about tank 31 from sensors 41 and 42), and generate, based on the sensor data, first data corresponding to a state of charge (SoC) of the hydrogen storage unit ([0047]); a soft sensor system (ECU 95 having sensors 97a, 97b, 97c) communicatively coupled to the data acquisition system and configured to: receive the first data; and generate second data based on the first data, wherein the second data corresponds to a pseudo state of the storage based on the first data ([0037], [0040]-[0042] and [0047]; the state of the storage system is calculated based on the first data); a parameter vector generator (the ECU 95 generates the parameter vectors) coupled to the soft sensor system and configured to generate a parameter vector of a plurality of parameter vectors, wherein the parameter vector comprises the first data and the second data (see Figs. 2 and 3); and a multi-parametric model predictive controller (mpMPC) (ECU also generates predictive models; see [0037] and [0040]-[0041]) communicatively coupled to the parameter vector generator and configured to: generate a first control action based on the parameter vector; and send the first control action to the storage system for controlling refueling of the storage system (control of the filling is based on the data and model; see [0037], [0040]-[0042], [0047], [0063], [0067] and [0070] which describe the communicative filling process). Handa does not disclose the hydrogen storage is a metal hydride storage system (MHSS). Pratt teaches the use of metal hydride storage system (MHSS) for storing hydrogen ([0005]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used a MHSS for storing the hydrogen as taught by Pratt in the fuel cell system of Handa. MHSS hydrogen storage is known for longer lasting storage with minimal hydrogen loss.
Regarding claims 2 and 12, Handa as modified by Pratt further discloses a memory (memory connected to ECU 95) configured to: store a first data structure corresponding to a plurality of critical regions, wherein the plurality of critical regions correspond to feasible states of the plurality of parameter vectors ([0041]-[0042]); and store a second data structure corresponding to a plurality of piecewise affine functions, wherein each piecewise affine function of the plurality of piecewise affine functions corresponds to different control actions of the plurality of critical regions (the different filling modes and filling rates based on the data; [0040]-[0042] and Fig. 3).
Regarding claims 3 and 13, Handa as modified by Pratt discloses the mpMPC is further configured to: search, using the parameter vector, the first data structure; select, based on searching the first data structure using the first data structure, a first critical region of the plurality of critical regions, wherein the first critical region corresponds to the parameter vector; select, from the second data structure, a piecewise affine function corresponding to the first critical region; and obtain the first control action based on the piecewise affine function ([0040]-[0042], [0047], [0063] and [0070]; the controller can search memory for data, select a critical region, select a function and obtain a control action).
Regarding claims 4 and 14, Handa as modified by Pratt further discloses the mpMPC is further configured to control a controlled parameter of the MHSS using each of the different control actions (different control actions can be used to control different parameters of the hydrogen storage; e.g., temperature, pressure).
Regarding claims 5 and 15, Handa as modified by Pratt discloses the mpMPC is further configured to: receive, in a second sampling time period, second sensor data of the hydrogen storage unit from the parameter vector generator; and send a second control action to the MHSS when the second sensor data indicates an optimal refilling profile for the MHSS, wherein the second control action maintains the first control action at the MHSS (continuous communication between the ECU’s allows for additional sampling periods and control actions to be generated as the state of the storage system changes; [0041]-[0042] and [0070]).
Regarding claims 6 and 16, Handa as modified by Pratt discloses the pseudo state of the MHSS corresponds to an estimate of the SoC of the MHSS, and wherein the soft sensor system is configured to estimate the SoC based on a look up table (see [0037]-[0042]).
Regarding claims 7 and 17, Handa as modified by Pratt discloses the second data comprises a real-time pressure of the MHSS (see [0046]) and a real-time temperature of the MHSS (see Fig. 3).
Regarding claims 8 and 18, Handa as modified by Pratt discloses the mpMPC is further configured to send the first control action to a pressure controller for instructing the MHSS to control a refilling pressure of hydrogen at the MHSS ([0046]-[0047] and [0057]).
Regarding claims 9 and 19, Handa as modified by Pratt discloses the data acquisition system is further configured to receive the sensor data of the MHSS when the MHSS has a positive pressure ([0046]).
Regarding claims 10 and 20, Handa as modified by Pratt discloses the parameter vector generator is configured to generate the parameter vector after the MHSS is coupled to a hydrogen gas supply ([0037]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and claimed invention.
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/NICOLAS A ARNETT/Primary Examiner, Art Unit 3753 December 8, 2025