Prosecution Insights
Last updated: May 29, 2026
Application No. 18/947,918

Fuel Cell Vehicle and Method of Controlling Same

Non-Final OA §102§103§112
Filed
Nov 14, 2024
Priority
May 29, 2024 — RE 10-2024-0070306
Examiner
ANDA, JENNIFER MARIE
Art Unit
3662
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Kia Corporation
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
1y 6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
101 granted / 141 resolved
+19.6% vs TC avg
Strong +29% interview lift
Without
With
+29.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
21 currently pending
Career history
173
Total Applications
across all art units

Statute-Specific Performance

§101
2.9%
-37.1% vs TC avg
§103
85.3%
+45.3% vs TC avg
§102
5.0%
-35.0% vs TC avg
§112
6.6%
-33.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 141 resolved cases

Office Action

§102 §103 §112
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 filed 14 November 2024 Claims 1-19 are currently pending and have been examined. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 14 November 2024 has been considered by the examiner and an initialed copy of the IDS is hereby attached. 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 2, 5-17 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 2 recites “a dry state’ in line 6. Claim 2 depends from claim 1 which previously recites “a dry state” in line 5. It is not clear if the dry state of claim 2 is the same or different than that recited in claim 1. For example, it is not clear if a second dry state is to be determined. Claim 5 recites a saturated water vapor amount in line 2. Claim 5 depends from claim 3 which previously recited a saturated water vapor amount in line 4. It is not clear if the saturated water vapor amount in claim 5 is the same or different than that recited in claim 3. Claim 10 recites “a target operating temperature”. Claim 10 depends from claim 1 which recites “the operating temperature of the fuel cell stack or an airflow rate supplied to the fuel cell stack is controlled to a target value”. It is not clear if claim 10 is further defining the target value as a target operating temperature or if it is intended as a separate target value altogether, thus requiring a target value and a target operation temperature. Similarly, claim 12 recites “a target air flow rate”. Again it is not clear if claim 12 is further defining the target value as a target airflow rate. Claim 11 recites “a congested area” in line 7. However, claim 11 previously recited “a congested area” in lines 3-4. It is not clear if the congested area of line 7 is the same or different than that of lines 2-4. Claim 13 recites “the determined target relative humidity satisfies a preset dry relative humidity”. It is not clear what is intended by this limitation. What does the term “satisfies” mean in this context? Does it require that the relative humidity is above, below or equal to the preset dry relative humidity? Claim 14 recites “a previous cell deviation” and a “current cell deviation”. It is not clear what is meant by the term “deviation” in this context? Further it is not clear what the deviation is made from. Is there a measurement made to determine that the cell deviates? Claim 14 recites “ the current operating temperature”. There is insufficient antecedent basis for this limitation in the claim. Claim 14 recites “the target operating temperature”. There is insufficient antecedent basis for this limitation in the claim. Claim 15 recites “a flooding state” in line 3. Claim 15 depends from claim 14 which previously recited a flooding state. It is not clear if the flooding state of claim 15 is the same or different than that of claim 14. Further the examiner notes that “a flooding state” is again recited in line 6. Claim 16 recites “an acceleration situation” in line 8. However, claim 16 previously recited an acceleration situation in line 4. It is not clear if the acceleration situation of line 8 is the same or different than that of line 4. Claim 16 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: comparing an expected driving time. Claims 6-9 depend from claim 2 and are similarly rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, based on their dependency on claim 1. Claim 11 depends from claim 10 and is similarly rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, based on its dependency on claim 11. Claim 13 depends from claim 12 and is similarly rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, based on its dependency on claim 12. Claim 17 depends from claim 16 and is similarly rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, based on its dependency on claim 16. Claim Rejections - 35 USC § 102 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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 3-5, 10-13 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwon et al. (US Pub. No. US 20160006059 A1, hereinafter Kwon ‘059). Regarding claim 1, Kwon ‘059 discloses a method comprising: while a vehicle, equipped with a fuel cell stack and a battery associated with the fuel cell stack, is traveling, determining, by a control device of the vehicle, (see at least Kwon ‘059 Abstract and Figure 1 “…The driving control method includes determining, by a controller, when a fuel cell stack is in a water shortage, based on an oversupply of air to the fuel cell stack or a deterioration of the fuel cell stack. A diagnostic level is then assigned to the fuel cell system and at least one recovery driving mode that corresponds to the assigned diagnostic level is performed.”) one or more of: that the fuel cell stack is in a dry state based on relative humidity of supplied air depending on an operating temperature of the fuel cell stack (see at least Kwon ‘059 Abstract “…The driving control method includes determining, by a controller, when a fuel cell stack is in a water shortage, based on an oversupply of air to the fuel cell stack or a deterioration of the fuel cell stack.” See also Figure 7 and [0013-0015] “ The assigning may also include classifying a second status as a second diagnostic level, the second status being a status in which the fuel cell stack is predicted to be in a water shortage due to oversupply of air to the fuel cell stack…[0014] The second status may be determined based on either a change in oversupply of air to the fuel cell stack to output current consumption of the fuel cell stack or a change of residual water in a cathode calculated from an estimated value of relative humidity in the cathode of the fuel cell stack. …[0015] …The estimated value of relative humidity in the cathode of the fuel cell stack may be obtained based on temperatures in cathode inlet and outlet of the fuel cell stack, an amount of air flow in an inlet of the fuel cell stack, and an amount of current generated in the fuel cell stack…”), or that the battery associated with the fuel cell stack is expected to be overcharged; and switching, based on the determining, a driving mode of the vehicle to a durability improvement mode in which at least one of the operating temperature of the fuel cell stack or an air flow rate supplied to the fuel cell stack is controlled to a target value (see at least Kwon ‘059 Abstract and Figure 7 see at least S730, wherein switching to recovery driving mode when a water shortage is determined in S710. See also [0017-0018] “[0017] The recovery driving mode may include a recovery driving mode for forcibly cooling the fuel cell stack by adjusting temperatures in the coolant inlet and outlet of the fuel cell stack, a recovery driving mode for relieving a condition of ingress into idle stop of the fuel cell system, a recovery driving mode for decreasing a voltage of a main bus terminal connected to an output terminal of the fuel cell stack, a recovery driving mode for reducing an amount of air inflow, and a recovery driving mode for driving the fuel cell stack in a minimum stoichiometry ratio (SR)….[0018] The recovery driving mode for forcibly cooling the fuel cell stack may be operated by setting target temperatures in the coolant inlet and outlet to be a lower value than a reference temperature.). Regarding claim 3, Kwon ‘059 discloses the method of claim 1, further comprising: comparing a current relative humidity with a preset dry relative humidity (see at least Kwon ‘059 Abstract wherein the relative humidity is used to determine that the cell is in a water shortage (i.e. A dry state.) “…The driving control method includes determining, by a controller, when a fuel cell stack is in a water shortage, based on an oversupply of air to the fuel cell stack or a deterioration of the fuel cell stack.” See also Figure 7 and [0013-0015] “ The assigning may also include classifying a second status as a second diagnostic level, the second status being a status in which the fuel cell stack is predicted to be in a water shortage due to oversupply of air to the fuel cell stack…[0014] The second status may be determined based on either a change in oversupply of air to the fuel cell stack to output current consumption of the fuel cell stack or a change of residual water in a cathode calculated from an estimated value of relative humidity in the cathode of the fuel cell stack. …[0015] …The estimated value of relative humidity in the cathode of the fuel cell stack may be obtained based on temperatures in cathode inlet and outlet of the fuel cell stack, an amount of air flow in an inlet of the fuel cell stack, and an amount of current generated in the fuel cell stack…”), wherein the current relative humidity is derived from a total amount of water vapor supplied from a humidifier provided in the fuel cell stack and a saturated water vapor amount depending on a current operating temperature of the fuel cell stack (see at least Kwon ‘059 [0080-0082] ““[0080] A strategy for estimating an amount of residual water of the fuel cell stack is illustrated in FIG. 6. FIG. 6 is an exemplary schematic view illustrating a relative humidity estimation model in a driving control method of a fuel cell system according to one exemplary embodiment of the present invention. Referring to FIG. 6, an RH estimation model is shown with an assumption that there are no quantitative variations of water in the cathode of the fuel cell stack. In the estimation model, an amount of water vapor that flows in an inlet of the fuel cell stack, an amount of generated water, an amount of water moved between the cathode and the anode in the fuel cell stack may be considered to estimate relative humidity in the outlet of the cathode of the fuel cell stack….[0081] In particular, variables necessary for estimating relative humidity in the cathode may include air temperatures in both an inlet and an outlet of the cathode of the fuel cell stack, an amount of air flow in the inlet of the fuel cell stack, and an amount of generated current of the fuel cell stack A total air pressure in the inlet of the fuel cell stack may be a function of an amount of air flow in the inlet of the cathode of the fuel cell stack, and a total air pressure in the outlet of the cathode of the fuel cell stack may be a function of an amount of air flow in the inlet of the fuel cell stack Saturated water vapor pressures in the inlet and the outlet of the cathode of the fuel cell stack may be a function of air temperatures in the inlet and the outlet of the cathode of the fuel cell stack…[0082] To estimate an amount of residual water within the fuel cell stack, an amount of water vapor flow in the outlet of the fuel cell stack may be calculated at an estimated value of the relative humidity of the outlet of the cathode. In particular, an amount of water vapor flow in the outlet of the fuel cell stack may be a product of an amount of dry air flow in the outlet of the fuel cell stack (an amount of air flow in the inlet of the fuel cell stack minus an amount of reacted oxygen) by 0.622 (mass of 1 mol water vapor divided by mass of 1 mol dry air) times a rate of a water vapor pressure in the outlet of the cathode of the fuel cell stack to a difference between a total air pressure in the outlet of the fuel cell stack “) and wherein the determining the fuel cell stack to be in the dry state is based on the current relative humidity being less than or equal to the preset dry relative humidity (see at least Kwon ‘059 Abstract wherein the relative humidity is used to determine that the cell is in a water shortage (i.e. A dry state.) “…The driving control method includes determining, by a controller, when a fuel cell stack is in a water shortage, based on an oversupply of air to the fuel cell stack or a deterioration of the fuel cell stack.” See also Figure 7 and [0013-0015] “ The assigning may also include classifying a second status as a second diagnostic level, the second status being a status in which the fuel cell stack is predicted to be in a water shortage due to oversupply of air to the fuel cell stack…[0014] The second status may be determined based on either a change in oversupply of air to the fuel cell stack to output current consumption of the fuel cell stack or a change of residual water in a cathode calculated from an estimated value of relative humidity in the cathode of the fuel cell stack. …[0015] …The estimated value of relative humidity in the cathode of the fuel cell stack may be obtained based on temperatures in cathode inlet and outlet of the fuel cell stack, an amount of air flow in an inlet of the fuel cell stack, and an amount of current generated in the fuel cell stack…”),. Regarding claim 4, Kwon ‘059 discloses the method of claim 3, wherein the current relative humidity is calculated based on: a first amount of water vapor supplied to the humidifier from outside of the vehicle, a second amount of water vapor supplied from the humidifier, and the saturated water vapor amount depending on the current operating temperature (see at least Kwon ‘059 [0080-0082] ““[0080] A strategy for estimating an amount of residual water of the fuel cell stack is illustrated in FIG. 6. FIG. 6 is an exemplary schematic view illustrating a relative humidity estimation model in a driving control method of a fuel cell system according to one exemplary embodiment of the present invention. Referring to FIG. 6, an RH estimation model is shown with an assumption that there are no quantitative variations of water in the cathode of the fuel cell stack. In the estimation model, an amount of water vapor that flows in an inlet of the fuel cell stack, an amount of generated water, an amount of water moved between the cathode and the anode in the fuel cell stack may be considered to estimate relative humidity in the outlet of the cathode of the fuel cell stack….[0081] In particular, variables necessary for estimating relative humidity in the cathode may include air temperatures in both an inlet and an outlet of the cathode of the fuel cell stack, an amount of air flow in the inlet of the fuel cell stack, and an amount of generated current of the fuel cell stack A total air pressure in the inlet of the fuel cell stack may be a function of an amount of air flow in the inlet of the cathode of the fuel cell stack, and a total air pressure in the outlet of the cathode of the fuel cell stack may be a function of an amount of air flow in the inlet of the fuel cell stack Saturated water vapor pressures in the inlet and the outlet of the cathode of the fuel cell stack may be a function of air temperatures in the inlet and the outlet of the cathode of the fuel cell stack…[0082] To estimate an amount of residual water within the fuel cell stack, an amount of water vapor flow in the outlet of the fuel cell stack may be calculated at an estimated value of the relative humidity of the outlet of the cathode. In particular, an amount of water vapor flow in the outlet of the fuel cell stack may be a product of an amount of dry air flow in the outlet of the fuel cell stack (an amount of air flow in the inlet of the fuel cell stack minus an amount of reacted oxygen) by 0.622 (mass of 1 mol water vapor divided by mass of 1 mol dry air) times a rate of a water vapor pressure in the outlet of the cathode of the fuel cell stack to a difference between a total air pressure in the outlet of the fuel cell stack “). Regarding claim 5, Kwon ‘059 discloses the method of claim 4, wherein the first amount of water vapor is calculated based on: a saturated water vapor amount, and a relative humidity of the air outside the vehicle, wherein the saturated water vapor amount depends on a temperature of air outside the vehicle, and wherein the second amount of water vapor is calculated based on a produced water supplied from the fuel cell stack to the humidifier, a humidification efficiency of the humidifier, and a total amount of air supplied to the humidifier (see at least Kwon ‘059 [0080-0082] ““[0080] A strategy for estimating an amount of residual water of the fuel cell stack is illustrated in FIG. 6. FIG. 6 is an exemplary schematic view illustrating a relative humidity estimation model in a driving control method of a fuel cell system according to one exemplary embodiment of the present invention. Referring to FIG. 6, an RH estimation model is shown with an assumption that there are no quantitative variations of water in the cathode of the fuel cell stack. In the estimation model, an amount of water vapor that flows in an inlet of the fuel cell stack, an amount of generated water, an amount of water moved between the cathode and the anode in the fuel cell stack may be considered to estimate relative humidity in the outlet of the cathode of the fuel cell stack….[0081] In particular, variables necessary for estimating relative humidity in the cathode may include air temperatures in both an inlet and an outlet of the cathode of the fuel cell stack, an amount of air flow in the inlet of the fuel cell stack, and an amount of generated current of the fuel cell stack A total air pressure in the inlet of the fuel cell stack may be a function of an amount of air flow in the inlet of the cathode of the fuel cell stack, and a total air pressure in the outlet of the cathode of the fuel cell stack may be a function of an amount of air flow in the inlet of the fuel cell stack Saturated water vapor pressures in the inlet and the outlet of the cathode of the fuel cell stack may be a function of air temperatures in the inlet and the outlet of the cathode of the fuel cell stack…[0082] To estimate an amount of residual water within the fuel cell stack, an amount of water vapor flow in the outlet of the fuel cell stack may be calculated at an estimated value of the relative humidity of the outlet of the cathode. In particular, an amount of water vapor flow in the outlet of the fuel cell stack may be a product of an amount of dry air flow in the outlet of the fuel cell stack (an amount of air flow in the inlet of the fuel cell stack minus an amount of reacted oxygen) by 0.622 (mass of 1 mol water vapor divided by mass of 1 mol dry air) times a rate of a water vapor pressure in the outlet of the cathode of the fuel cell stack to a difference between a total air pressure in the outlet of the fuel cell stack “ See also [0101] for humidifier efficiency map “a relative humidity (RH) estimation model receives an actual fuel cell current, an actual air flow amount, a temperature of a cathode inlet, a temperature of a cathode outlet, and the number of fuel cells in a fuel cell stack as inputs, and has internal parameters including a humidifier efficiency map, an amount of water movement from the anode to the cathode, an air pressure in a cathode inlet against to the air flow amount, an air pressure in a cathode outlet against the air flow amount. In the RH estimation model, a target stoichiometry ratio may be determined using a stoichiometry ratio map in which estimated values of relative humidity in the cathode outlet or through stoichiometry ratio PI control on target relative humidity. As illustrated, the stoichiometry ratio may be variably adjusted based on estimated values of relative humidity. However, this variable control may be disabled and the fuel cell stack may be operated in a recovery driving mode intended to drive in a minimum stoichiometry ratio.. Regarding claim 10, Kwon ‘059 discloses wherein the switching to the durability improvement mode comprises: determining a target operating temperature for the fuel cell stack; and controlling the operating temperature of the fuel cell stack based on the determined target operating temperature (see at least Kwon ‘059 [0017-0018] “[0017] The recovery driving mode may include a recovery driving mode for forcibly cooling the fuel cell stack by adjusting temperatures in the coolant inlet and outlet of the fuel cell stack, a recovery driving mode for relieving a condition of ingress into idle stop of the fuel cell system, a recovery driving mode for decreasing a voltage of a main bus terminal connected to an output terminal of the fuel cell stack, a recovery driving mode for reducing an amount of air inflow, and a recovery driving mode for driving the fuel cell stack in a minimum stoichiometry ratio (SR)….[0018] The recovery driving mode for forcibly cooling the fuel cell stack may be operated by setting target temperatures in the coolant inlet and outlet to be a lower value than a reference temperature.). Regarding claim 11, Kwon teaches the method of claim 10, wherein the determining the target operating temperature is based on at least one of: a total driving time for which the vehicle travels in a speed limit zone or a congested area, a current operating temperature of the fuel cell stack see at least Kwon ‘059 Abstract and Figure 7 see at least S730, wherein switching to recovery driving mode when a water shortage is determined in S710. See also [0017-0018] “[0017] The recovery driving mode may include a recovery driving mode for forcibly cooling the fuel cell stack by adjusting temperatures in the coolant inlet and outlet of the fuel cell stack, a recovery driving mode for relieving a condition of ingress into idle stop of the fuel cell system, a recovery driving mode for decreasing a voltage of a main bus terminal connected to an output terminal of the fuel cell stack, a recovery driving mode for reducing an amount of air inflow, and a recovery driving mode for driving the fuel cell stack in a minimum stoichiometry ratio (SR)….[0018] The recovery driving mode for forcibly cooling the fuel cell stack may be operated by setting target temperatures in the coolant inlet and outlet to be a lower value than a reference temperature.). a total amount of heat required to cool the fuel cell stack to the target operating temperature in the speed limit zone or a congested area, energy per unit time required for a coolant circulating through the fuel cell stack to cool the fuel cell stack, or heat energy generated by the fuel cell stack per unit time. Regarding claim 12, Kwon ‘059 discloses wherein the switching to the durability improvement mode comprises: determining a target air flow rate supplied to the fuel cell stack (see at least Kwon ‘059 [0077-0079] wherein calculating the rate of oversupply requires calculating the needed or target air flow rate “ Accordingly, to determine these conditions as the second status, the rate of the oversupply of air to current consumption, a consumed amount of current generated in the fuel cell stack may be calculated or, and an amount of water remaining in the fuel cell stack may be indirectly inferred through a humidity estimation model in the cathode…[0078] A first method for calculating the rate of oversupply of air to current consumption may include defining a quantitative difference between supplied air and air required for current consumption as an oversupplied air amount, calculating the oversupplied air amount deviation based on an amount of oversupplied air, a reference amount of oversupplied air, and a driving temperature weighting factor, and performing a time integration of oversupplied air amount deviation. A status in which an integral value of the oversupplied air amount deviation to time is greater than a first reference value may be determined as the second status….[0079] A second method for calculating the rate of oversupply of air to current consumption may include defining a rate of an air amount required for current consumption to a supplied air amount as an oversupplied air rate, and performing time integration of oversupplied air rate deviation based on an oversupplied air rate, a reference oversupplied air rate, and a driving temperature weighting factor. When an integral value of oversupplied air rate deviation to time is greater than a first reference value, the second status may be determined.”); and controlling the air flow rate supplied to the fuel cell stack based on the determined target air flow rate (see at least Kwon ‘059 [0061] “In other words, the voltage of the fuel cell may be decreased below that of the main bus terminal by stopping air supply to the fuel cell 10 (e.g., turning off an air supplier such as air blower, etc.), whereby the output of the fuel cell (current output) to the main bus terminal may not be performed (Refer to a current of the fuel cell after stopping an air supply in FIG. 4).” See also [0101] for discussion of control). Regarding claim 13, Kwon ‘059 discloses determining a target relative humidity based on at least one of: a saturated water vapor amount depending on the target operating temperature of the fuel cell stack, a first amount of water vapor supplied from outside of the vehicle to a humidifier provided in the fuel cell stack, produced water supplied from the fuel cell stack to the humidifier, a humidification efficiency of the humidifier, or theoretical air amount required by the fuel cell stack; and wherein the determining the target air flow rate supplied to the fuel cell stack comprises determining the target air flow rate to be an air flow rate at which the determined target relative humidity satisfies a preset dry relative humidity (see at least Kwon ‘059 Figure 13 and [0081] and [0101] “[0101] FIG. 13 is an exemplary view schematically illustrating variable stoichiometry ratio control on air supply according to one exemplary embodiment of the present invention. As illustrated in FIG. 13, a relative humidity (RH) estimation model receives an actual fuel cell current, an actual air flow amount, a temperature of a cathode inlet, a temperature of a cathode outlet, and the number of fuel cells in a fuel cell stack as inputs, and has internal parameters including a humidifier efficiency map, an amount of water movement from the anode to the cathode, an air pressure in a cathode inlet against to the air flow amount, an air pressure in a cathode outlet against the air flow amount. In the RH estimation model, a target stoichiometry ratio may be determined using a stoichiometry ratio map in which estimated values of relative humidity in the cathode outlet or through stoichiometry ratio PI control on target relative humidity. As illustrated, the stoichiometry ratio may be variably adjusted based on estimated values of relative humidity. However, this variable control may be disabled and the fuel cell stack may be operated in a recovery driving mode intended to drive in a minimum stoichiometry ratio.) Claim 19 is rejected under the same rationale, mutatis mutandis, as claim 1, above. Claim(s) 1, 14-15 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (US Pub. No. US-20150171446-A1, hereinafter Lee). Regarding claim 1, Lee discloses a method comprising: while a vehicle, equipped with a fuel cell stack and a battery associated with the fuel cell stack, is traveling (see at least Lee Figure 2 and Abstract “A method of controlling a fuel cell system includes decelerating the air blower that stops power generation of a fuel cell stack or supplies air to the fuel cell stack. A connection state of pipes connected to a valve is controlled by adjusting the valve disposed between an exit side of the air blower and an entrance side of a cathode of the fuel cell stack. According to the present disclosure, the time of maintaining open circuit voltage (OCV) can be reduced, and the dry out of the fuel cell stack can be prevented to improve durability of the fuel cell.” ) , determining, by a control device of the vehicle, one or more of: that the fuel cell stack is in a dry state based on relative humidity of supplied air depending on an operating temperature of the fuel cell stack (see at least Lee Figure 3, S303 “stack dry? See also [0057] “[0057] The controller 290 may determine whether the fuel cell stack 210 is dried out, that is, in a drying state or a flooding state, by using a relative humidity (RH) estimator of the air at an exit of the fuel cell stack 210 or by monitoring a current-voltage (IV) curve in real time.” The examiner notes that relative humidity is necessarily based on operating temperature because relative humidity is defined as the ration of absolute humidity to the maximum amount of water vapor the air can hold at that temperature. ), or that the battery associated with the fuel cell stack is expected to be overcharged; and switching, based on the determining, a driving mode of the vehicle to a durability improvement mode in which at least one of the operating temperature of the fuel cell stack or an air flow rate supplied to the fuel cell stack is controlled to a target value (see at least (see at least Lee Abstract and Figure 3, S305 “ cut air introduction into stack from cathode (exhaust through bypass pipe). See also [0058- 0062] “[0058] The controller 290 may determine the drying state of the fuel cell stack 210 and adjusts the valve 240 in accordance with a determined result to control connection states of pipes, which are a pipe connecting the valve 240 to the cathode and a pipe connecting the air blower 230 and the valve 240, and to control a connection state of the bypass valve 250 which connects the exit of the humidifier 260 to the valve 240…[0059] In more detail, the controller 290 may control the valve 240 when it is determined that the fuel cell stack 210 is in the drying state, such that the air supplied from the air blower 230 through the bypass pipe 250 connected to the exit of the humidifier 260 among the pipes connected to the valve 240 is exhausted outside…[0060] Further, when the bypass pipe 250 is connected directly to the atmospheric air, not to the exit side of the cathode, the controller 290 may control the valve 240, such that the air supplied from the air blower 230 is exhausted outside. That is, the controller 290 blocks the air supply to the cathode except for the flooding state of the fuel cell stack 210 to minimize the air supply when the air blower 230 accelerates, thereby preventing the fuel cell stack 210 from being dried…[0061] … thus, the controller 290 may control an airflow rate to be supplied to the cathode and the air supplied through the air blower 230 independently. Accordingly, the regenerative braking amount of the air blower 230 may be controlled variably to improve fuel efficiency by maximizing a recovery rate of energy. Further, a driving responsiveness can be improved at a frequent accelerated/decelerated section….[0062] The controller 290 may control an airflow rate to be supplied to the fuel cell stack 210 and the air supplied through the air blower 230 independently by adjusting the valve 240.” See also [0024-0029]) Regarding claim 14, Lee discloses the method of claim 1, further comprising, after the switching to the durability improvement mode: calculating: a previous cell deviation with respect to cells in the fuel cell stack before switching to the durability improvement mode, and a current cell deviation with respect to the cells after switching to the durability improvement mode (The examiner notes the 112 rection above with respect to the deviation, and has examined as best understood, See at least Lee [0057] wherein a curve of the current-voltage is created in real time (current deviation) to determine a deviation from normal (previous deviation) [0057] “The controller 290 may determine whether the fuel cell stack 210 is dried out, that is, in a drying state or a flooding state, by using a relative humidity (RH) estimator of the air at an exit of the fuel cell stack 210 or by monitoring a current-voltage (IV) curve in real time.”); determining whether the fuel cell stack is in a flooding state based on the current operating temperature of the fuel cell stack, the target operating temperature of the fuel cell stack, the previous cell deviation, and the current cell deviation (see at least Lee [0057] wherein a curve of the current-voltage is created in real time (current deviation) to determine a deviation from normal (previous deviation) [0057] “The controller 290 may determine whether the fuel cell stack 210 is dried out, that is, in a drying state or a flooding state, by using a relative humidity (RH) estimator of the air at an exit of the fuel cell stack 210 or by monitoring a current-voltage (IV) curve in real time.”); and based on the determining whether the fuel cell stack is in the flooding state, disabling or maintaining the durability improvement mode (see at least Lee Abstract and Figure 3, S305 “ cut air introduction into stack from cathode (exhaust through bypass pipe). See also [0058-0062] as cited above and [0061] … thus, the controller 290 may control an airflow rate to be supplied to the cathode and the air supplied through the air blower 230 independently. Accordingly, the regenerative braking amount of the air blower 230 may be controlled variably to improve fuel efficiency by maximizing a recovery rate of energy. Further, a driving responsiveness can be improved at a frequent accelerated/decelerated section….[0062] The controller 290 may control an airflow rate to be supplied to the fuel cell stack 210 and the air supplied through the air blower 230 independently by adjusting the valve 240.” See also [0024-0029]) Regarding claim 15, Lee discloses the method of claim 14, wherein the disabling or maintaining the durability improvement mode comprises: disabling the durability improvement mode based on the fuel cell stack being in a flooding state; or maintaining the durability improvement mode based on the fuel cell stack not being in a flooding state (see at least Lee Abstract and Figure 3, S305 “ cut air introduction into stack from cathode (exhaust through bypass pipe). See also [0058-0062] as cited above and [0061] … thus, the controller 290 may control an airflow rate to be supplied to the cathode and the air supplied through the air blower 230 independently. Accordingly, the regenerative braking amount of the air blower 230 may be controlled variably to improve fuel efficiency by maximizing a recovery rate of energy. Further, a driving responsiveness can be improved at a frequent accelerated/decelerated section….[0062] The controller 290 may control an airflow rate to be supplied to the fuel cell stack 210 and the air supplied through the air blower 230 independently by adjusting the valve 240.” See also [0024-0029]). 32. Claim 19 is rejected under the same rationale, mutatis mutandis, as claim 1, above. 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. 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(s) 2, 6-9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon in view of Yanagita (US Pub. No. US-20240262253-A1, hereinafter “Yanagita”). Regarding claim 2, Kwon ‘059 teaches the method of claim 1, but does not explicitly discloses wherein the determining comprises: receiving navigation information of the vehicle; determining, based on the navigation information of the vehicle, that the vehicle is entered in a speed limit zone or a congested area; and determining, while the vehicle is traveling in the speed limit zone or the congested area, that the fuel cell stack is in a dry state or the battery is expected to be overcharged. Yanagita teaches wherein the determining comprises: receiving navigation information of the vehicle (see at least Yanagita Figure 3 and S19 and [0095] “Thereafter, the electric power consumption estimation unit 54 acquires information on a driving situation of the fuel cell vehicle 1 (step S19). Specifically, the electric power consumption estimation unit 54 acquires information on the current position of the fuel cell vehicle 1, information on the traffic situation of the planned travel route of the fuel cell vehicle 1, information on the surrounding environment of the fuel cell vehicle 1, and information on the traveling state of the fuel cell vehicle 1. The information on the current position of the fuel cell vehicle 1 may be acquired on the basis of the position information transmitted from the GPS sensor 17. The information on the traffic situation of the planned travel route of the fuel cell vehicle 1 includes, regarding the planned travel route during the impedance measurement period, information on a speed limit, traffic congestion information, information on a road shape such as a curvature radius or an inclination angle, and information on a road type such as a general road or an expressway. The traffic congestion information may be acquired from a road information service provider, for example, via a communication means such as mobile communication, road-to-vehicle communication, or a beacon. Information on the traffic situation of the planned travel route other than the traffic congestion information is acquired from a database containing map data and road information. The database may be an unillustrated cloud server coupled to the electric power control apparatus 50 via mobile communication, or may be a vehicle-mounted database”); determining, based on the navigation information of the vehicle, that the vehicle is entered in a speed limit zone or a congested area (see at least Yanagita [0095] as cited above including “…The information on the traffic situation of the planned travel route of the fuel cell vehicle 1 includes, regarding the planned travel route during the impedance measurement period, information on a speed limit, traffic congestion information, information on a road shape such as a curvature radius or an inclination angle, and information on a road type such as a general road or an expressway. The traffic congestion information may be acquired from a road information service provider, for example, via a communication means such as mobile communication, road-to-vehicle communication, or a beacon. Information on the traffic situation of the planned travel route other than the traffic congestion information is acquired from a database containing map data and road information. The database may be an unillustrated cloud server coupled to the electric power control apparatus 50 via mobile communication, or may be a vehicle-mounted database”); and determining, while the vehicle is traveling in the speed limit zone or the congested area, that the fuel cell stack is in a dry state or the battery is expected to be overcharged (see at least Yanagita Figure 3 wherein it is determined if the SOC is greater than upper limit value and reducing the SOC See S29 and S31 and [0106-0107] “ [0106] … the remaining capacity estimation unit 55 determines whether the estimated remaining capacity estimate W_soc_est of the secondary battery 31 after the end of execution of the impedance measurement process is equal to or less than the preset upper limit value W_soc_max (step S29). The upper limit value W_soc_max may be, for example, an upper limit value (e.g., 80%) set to suppress deterioration or a decrease in the electric power efficiency caused by overcharge of the secondary battery 31, but a different value may be set…In contrast, if the estimated remaining capacity estimate W_soc_est of the secondary battery 31 after the end of execution of the impedance measurement process is greater than the upper limit value W_soc_max (S29/No), the battery charging and discharging control unit 56 performs charging of the secondary battery 31 before the start of the impedance measurement process, to make the estimated remaining capacity estimate W_soc_est of the secondary battery 31 after the end of execution of the impedance measurement process equal to or greater than the lower limit value W_soc_min and equal to or less than the upper limit value W_soc_max (step S31).” See also [0092] and [0131] “… This makes it possible to suppress deterioration caused by overcharge of the secondary battery 31 or a decrease in electric power efficiency caused by electric power release.”) Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Kwon ‘059 with the teaching of Yanagita, with a reasonable expectation of success, because as Yanagita teaches this prevents overcharge of the battery and thus prevents deterioration of the battery (see at least Yanagita [0014] [0092], [0131]). Regarding claim 6, the combination of Kwon and Yanagita teach the method of claim 2, wherein the determining comprises determining that the battery is expected to be overcharged by comparing an expected charging energy to be stored in the battery while the vehicle is in the speed limit zone or the congested area and a current charging energy of the battery with a total energy chargeable in the battery (see at least Yanagita [0095] with respect to acquiring speed limit zone or congestion and Figure 3 with respect to determining overcharging and expected charging energy, current charging energy and total charging energy as described in [0100-0108] ). Regarding claim 7, the combination of Kwon and Yanagita teach the method of claim 6, wherein the determining that the battery is expected to be overcharged is based on a sum of the current charging energy and the expected charging energy being greater than or equal to the total energy chargeable in the battery (see at least Yanagita [Figure 3 with respect to determining overcharging and expected charging energy, current charging energy and total energy chargeable as described in [0100-0108] ). Regarding claim 8, the combination of Kwon and Yanagita teach the method of claim 6, wherein the expected charging energy is calculated based on: energy produced by the fuel cell stack and energy consumed by the vehicle battery (see at least Yanagita Figure 3 S17 which calculates expected generated electric power and S21 which calculates amount of electric power consumption. as described in [0100-0108] ). Regarding claim 9, the combination of Kwon and Yanagita teach the method of claim 8, wherein the energy produced by the fuel cell stack and the energy consumed by the vehicle are based on a total traveling distance of the vehicle (see at least Yanagita Figure 3, S17 and [0094]. While the examiner notes that Yanagita teaches that the expected generated electric power is determined based on a unit time, See Yanagita [0094], however Yanagita further teaches information regarding speed of the vehicle and thus the calculation could be based on distance rather than time): in the speed limit zone at a speed limit of the speed limit zone, or in the congested area at a speed limit of the congested area; and wherein the speed limit of the speed limit zone and the speed limit of the congested area are based on the navigation information (see at least Yanagita [0095] “Thereafter, the electric power consumption estimation unit 54 acquires information on a driving situation of the fuel cell vehicle 1 (step S19). Specifically, the electric power consumption estimation unit 54 acquires information on the current position of the fuel cell vehicle 1, information on the traffic situation of the planned travel route of the fuel cell vehicle 1, information on the surrounding environment of the fuel cell vehicle 1, and information on the traveling state of the fuel cell vehicle 1. The information on the current position of the fuel cell vehicle 1 may be acquired on the basis of the position information transmitted from the GPS sensor 17. The information on the traffic situation of the planned travel route of the fuel cell vehicle 1 includes, regarding the planned travel route during the impedance measurement period, information on a speed limit, traffic congestion information, information on a road shape such as a curvature radius or an inclination angle, and information on a road type such as a general road or an expressway. The traffic congestion information may be acquired from a road information service provider, for example, via a communication means such as mobile communication, road-to-vehicle communication, or a beacon. Information on the traffic situation of the planned travel route other than the traffic congestion information is acquired from a database containing map data and road information. The database may be an unillustrated cloud server coupled to the electric power control apparatus 50 via mobile communication, or may be a vehicle-mounted database”). Regarding claim 18, Kwon teaches the method of claim 1, but does not explicitly teach the method wherein , after the switching to the durability improvement mode: receiving navigation information of the vehicle; and disabling the durability improvement mode based on the received navigation information indicating the vehicle having exited a speed limit zone or a congested area. Yanagita teach the method of claim 1, further comprising, after the switching to the durability improvement mode: receiving navigation information of the vehicle (see at least Yanagita [0095] “The information on the traffic situation of the planned travel route of the fuel cell vehicle 1 includes, regarding the planned travel route during the impedance measurement period, information on a speed limit, traffic congestion information, information on a road shape such as a curvature radius or an inclination angle, and information on a road type such as a general road or an expressway. The traffic congestion information may be acquired from a road information service provider, for example, via a communication means such as mobile communication, road-to-vehicle communication, or a beacon. Information on the traffic situation of the planned travel route other than the traffic congestion information is acquired from a database containing map data and road information. The database may be an unillustrated cloud server coupled to the electric power control apparatus 50 via mobile communication, or may be a vehicle-mounted database.”); and disabling the durability improvement mode based on the received navigation information indicating the vehicle having exited a speed limit zone or a congested area (see at least Yanagita Figure 3 and Figure 5 wherein the process is repeated [0123-0124] Further traffic information may be continuously received.) Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Kwon ‘059 with the teaching of Yanagita, with a reasonable expectation of success, because as Yanagita teaches this prevents overcharge of the battery and thus prevents deterioration of the battery (see at least Yanagita [0014] [0092], [0131]). Allowable Subject Matter Claims 16-17 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 Regarding claim 16, Kwon teaches the method of determining expected charging energy to be stored in battery, but does not explicitly teach the method claim 1, further comprising, after the switching to the durability improvement mode: determining, based on expected charging energy to be stored in the battery being less than 0, that the vehicle has entered an acceleration situation; determining, based on the expected charging energy and a current charging energy of the battery, a possible driving time of the vehicle; and based on a result of comparing an expected driving time based on the vehicle entering an acceleration situation with the possible driving time, disabling or maintaining the durability improvement mode. Tashiro (US Pub. No. US-20160153374-A1, hereinafter “Tashiro”) teaches predicting an acceleration situation, but does not make the prediction based on expected charging energy to be store in the battery being less than 0, Further, Tashiro does not explicitly teach determining, based on the expected charging energy and a current charging energy of the battery, a possible driving time of the vehicle; and based on a result of comparing an expected driving time based on the vehicle entering an acceleration situation with the possible driving time, disabling or maintaining the durability improvement mode as required by claim 16. Claim 17 is dependent on claim 16 and is allowable for the same reasons as claim 16. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER M. ANDA whose telephone number is (571)272-5042. The examiner can normally be reached Monday-Friday 8:30 am-5pm MST. 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, Aniss Chad can be reached on (571)270-3832. 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. /JENNIFER M ANDA/Primary Examiner, Art Unit 3662
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Prosecution Timeline

Nov 14, 2024
Application Filed
May 07, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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