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 .
DETAILED CORRESPONDENCE
This is the first Office action on the merits for Application No. 19/013,284, filed 01/08/2025. Claims 1-15 are pending.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement (IDS) received on 02/10/2025 has been considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitation - -a second exhaust pipe- - in claims 1, 3-7, 9, 11 and 13 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
In paragraph [0013], the hydrogen fuel cell pack intake air heater 26 is not found in the Drawings.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Hu (CN 108357343A, machine translation attached), and further in view of Reiners (DE 102006/057357 A1, machine translation attached).
Regarding claim 1, Hu discloses a cold start hybrid system (see the Figure and the machine translation attached) for automotive hydrogen cell packs comprising:
a vehicle (See the Figure; Title; paras. [0002], [0018] and [0025]);
a fuel cell pack (paras. [0053] – [0055], i.e., the fuels in the solid oxide fuel cell 2 include hydrogen and when using hydrogen as fuel, the solid oxide fuel cell can achieve a thermal efficiency of 60% to 70%) within the vehicle,
wherein the fuel cell pack (2) is configured to provide power to drive the vehicle;
an internal combustion engine (i.e., internal combustion engine 10) within the vehicle, wherein the internal combustion engine (10) is configured to provide power to drive the vehicle,
wherein the internal combustion engine (10) further comprises
a first exhaust pipe (See the annotated Figure below; claim 5 and Paragraph [0056], i.e., first exhaust pipe “EP1”) for exhausting exhaust flow therefrom (para. [0056]); and
a second exhaust pipe (See the Annotated Figure below; claim 6; i.e., second exhaust pipe “EP2”), wherein the second exhaust pipe (“EP2”) is configured to allow exhaust flow from the internal combustion engine (10) to warm the fuel cell pack (2; Abstract; claims 1 and 6; paras. [0056] and [0065]).
However, Hu does not specifically teach the fuel cells are hydrogen fuel cells or PEM fuel cells. Fuel cell pack, particular hydrogen fuel cells are old and well recognized to a skilled person in the prior art for powering a hybrid or electric vehicle with low or zero emission.
Reiners teaches a similar cold start hybrid system includes a fuel cell pack 3 that can be designed as high temperature solid-state fuel cells or low-temperature PEM fuel cells that work with a proton transport membrane or with a polymer electrolyte membrane. See paragraph [0017].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for Hu, to employ a hydrogen fuel cell pack instead of a solid oxide fuel cell pack that can use hydrogen as fuel as taught by Reiners in order to provide a faster startup time, since it has been held to be within the general skill of a worker in the art to select a known material/part on the basis of its suitability for the intended use as a matter of obvious design choice. Conventional hydrogen fuel cells are well known in the art and substituting the hydrogen fuel cell pack for the solid oxide fuel cell pack of Hu would not change the way the overall vehicle functions. Thus, the simple substitution of one known element/device for another producing a predictable result renders the claim obvious.
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Annotated Figure
Regarding claim 2, as modified, the cold start hybrid system of claim 1, Hu further teaches wherein the vehicle is a truck (para. [0059], i.e., urban busses and heavy transport vehicles such as trucks).
Regarding claim 3, as modified, the cold start hybrid system of claim 1, Hu further teaches wherein the second exhaust pipe (“EP2”) branches from the first exhaust pipe (“EP1”; See the annotated Figure above).
Regarding claim 4, as modified, the cold start hybrid system of claim 1, Hu further teaches wherein the second exhaust pipe (“EP2”) branches from the first exhaust pipe (“EP1”) in front of the hydrogen fuel cell pack (2) and reconnects with the first exhaust pipe (“EP1”) behind the hydrogen fuel cell pack (2; See the annotated Figure above).
Regarding claim 5, as modified, the cold start hybrid system of claim 1, Hu further teaches further comprising:
a hydrogen fuel cell pack heater (claim 7; para. [0058], i.e., electric heating device) associated with the hydrogen fuel cell pack (2),
wherein the hydrogen fuel cell pack heater is configured to accept exhaust flow from the internal combustion engine (10) through the second exhaust pipe (“EP2”) to warm the hydrogen fuel cell pack (2; claim 1; para. [0065]).
Regarding claim 6, as modified above, the cold start hybrid system of claim 1, Hu teaches a hydrogen fuel cell pack intake electric heater (para. [0058]) and an exhaust pipe (“EP2”) connected the air heater and the engine exhaust for heating the battery cell. However, the modified hybrid system does not specifically teach the “hydrogen fuel cell pack intake air heater configured to feed heated air to the hydrogen fuel cell pack; wherein the hydrogen fuel cell pack intake air heater is further configured to receive exhaust flow from the internal combustion engine through the second pipe”.
It would have been obvious to try, before the effective filing date of the invention, for the modified hybrid vehicle of Hu and Reiners to have the “hydrogen fuel cell pack intake air heater configured to feed heated air to the hydrogen fuel cell pack; wherein the hydrogen fuel cell pack intake air heater is further configured to receive exhaust flow from the internal combustion engine through the second pipe” in order to rapidly warm up the hydrogen fuel cell for operation, since there are finite number of possibilities or identified, the hydrogen fuel cell pack electric heater configured to feed heated air to the hydrogen fuel cell pack from the internal combustion engine exhaust output via the second pipe or it doesn't, predictable potential solutions to have heated air provided to the hydrogen fuel cell pack by the electric air heater to obtain the exact same results, whether the hydrogen fuel cell pack electric air heater should act on or not and one of ordinary skill in the art could have pursued the known potential limited number of solutions with a reasonable expectation of success. Another advantage of having an auxiliary or electric air heater connected between the engine exhaust and the hydrogen fuel cell pack is to preheat the fuel cell pack of the hybrid vehicle and eliminates a cold start delay.
Regarding claim 7, as modified above, the cold start hybrid system of claim 1, Hu teaches a hydrogen fuel cell pack intake electric heater (para. [0058]) and an exhaust pipe (“EP2”) connected the air heater and the engine exhaust for heating the battery cell. However, the modified hybrid system does not specifically teach the “hydrogen fuel cell pack intake air heater configured to feed heated air to the hydrogen fuel cell pack; wherein the hydrogen fuel cell pack intake air heater is further configured to receive exhaust flow from the internal combustion engine through the second pipe”.
It would have been obvious to try, before the effective filing date of the invention, for the modified hybrid vehicle of Hu and Reiners to have the “hydrogen fuel cell pack intake air heater configured to feed heated air to the hydrogen fuel cell pack; wherein the hydrogen fuel cell pack intake air heater is further configured to receive exhaust flow from the internal combustion engine through the second pipe” in order to rapidly warm up the hydrogen fuel cell for operation, since there are finite number of possibilities or identified, the hydrogen fuel cell pack electric heater configured to feed heated air to the hydrogen fuel cell pack from the internal combustion engine exhaust output via the second pipe or it doesn't, predictable potential solutions to have heated air provided to the hydrogen fuel cell pack by the electric air heater to obtain the exact same results, whether the hydrogen fuel cell pack electric air heater should act on or not and one of ordinary skill in the art could have pursued the known potential limited number of solutions with a reasonable expectation of success. Another advantage of having an auxiliary or electric air heater connected between the engine exhaust and the hydrogen fuel cell pack is to preheat the fuel cell pack of the hybrid vehicle and eliminates a cold start delay.
Regarding claim 8, as modified, the cold start hybrid system of claim 1, Hu further teaches wherein the internal combustion engine (10) is configured to combust hydrogen fuel (Abstract; paras. [0053] – [0056]).
Regarding claim 9, as modified, the cold start hybrid system of claim 1, Hu further teaches further comprising:
a control valve (See the annotated Figure above, i.e., second valve “V2”) in-line with the second exhaust pipe (“EP2”) and configured to open and close thereby facilitating exhaust flow therethrough or preventing exhaust flow therethrough (para. [0056]).
Regarding claim 10, as modified, the cold start hybrid system of claim 1, Hu further teaches further comprising:
an engine control module (i.e., control system 4; Abstract; para. [0056]) configured to control exhaust flow from the internal combustion engine (10) to the hydrogen fuel cell pack (2).
Regarding claim 11, as modified, the cold start hybrid system of claim 1, Hu further teaches further comprising:
a check valve (See the annotated Figure above, i.e., second valve “V2”) on the second exhaust pipe (“EP2”) configured to block the return of exhaust flow therethrough (para. [0056]).
Regarding claim 12, as modified, the cold start hybrid system of claim 1, Hu further teaches wherein the first exhaust pipe (“EP1”) extends from an exhaust manifold on the internal combustion engine (2; paras. [0053] and [0065], i.e., the exhaust of the internal combustion engine 10 is used to heat the SOFC via an exhaust manifold of the engine 2, not labeled).
Regarding claim 13, Hu discloses a method of using a cold start hybrid system for automotive cell packs (see the machine translation attached; claims 9-14; Abstract; para. [0061]) comprising the steps of:
providing a vehicle, a fuel cell pack (2) within the vehicle, wherein the fuel cell pack (2) is configured to provide power to drive the vehicle,
an internal combustion engine (i.e., internal combustion engine 10) within the vehicle, wherein the internal combustion engine (10) is configured to provide power to drive the vehicle (claim 9),
wherein the internal combustion engine (i.e., internal combustion engine 10) further comprises a first exhaust pipe (See the annotated Figure above and Paragraph [0056], i.e., first exhaust pipe “EP1”) for exhausting exhaust flow therefrom (Abstract; paras. [0053] – [0056]), and
a second exhaust pipe (See the Annotated Figure above, i.e., second exhaust pipe “EP2”),
wherein the second exhaust pipe (“EP2”) is configured to allow exhaust flow from the internal combustion engine (10) to warm the fuel cell pack (2; claim 9, i.e., Abstract; i.e., exhaust gas from the internal combustion engine (10) heats the solid oxide fuel cell – the fuel cell includes hydrogen fuel cell, para. [0056]);
activating the internal combustion engine (10; para. [0032], i.e., operating the internal combustion engine 10);
routing exhaust flow from the internal combustion engine (10) to the fuel cell pack (2; See Annotated Figure 1 above);
warming the fuel cell pack (2) with the exhaust flow from the internal combustion engine (10; Abstract; paras. [0053] – [0056]; claim 9);
driving the vehicle using the internal combustion engine (10) to supply power to the vehicle (para. [0032], i.e., the internal combustion engine is in operation or operating the internal combustion engine 10);
activating the fuel cell pack (2) to supply power to the vehicle from the fuel cell pack (2; para. [0034], i.e., the fuel cell supplies power to drive the motor);
deactivating the internal combustion engine (10; claims 13 and 14).
However, Hu does not specifically teach the fuel cells are hydrogen fuel cells or PEM fuel cells. Fuel cell pack, particular hydrogen fuel cells are old and well recognized to a skilled person in the prior art for powering a hybrid or electric vehicle with low or zero emission.
Reiners teaches a similar cold start hybrid system includes a fuel cell pack 3 that can be designed as high temperature solid-state fuel cells or low-temperature PEM fuel cells that work with a proton transport membrane or with a polymer electrolyte membrane. See paragraph [0017].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for Hu, to employ a hydrogen fuel cell pack instead of a solid oxide fuel cell pack that can use hydrogen as fuel as taught by Reiners in order to provide a faster startup time, since it has been held to be within the general skill of a worker in the art to select a known material/part on the basis of its suitability for the intended use as a matter of obvious design choice. Conventional hydrogen fuel cells are well known in the art and substituting the hydrogen fuel cell pack for the solid oxide fuel cell pack of Hu would not change the way the overall vehicle functions. Thus, the simple substitution of one known element/device for another producing a predictable result renders the claim obvious.
Regarding claim 14, as modified, the method of claim 13, Hu further teaches comprising the steps of:
providing an engine control module (i.e., control system 4);
controlling the activation of the internal combustion engine (10; claim 10; para. [0033], i.e., controlling/operating the vehicle in cruising mode) and the hydrogen fuel cell pack (2) with the engine control module (4; claims 9-14).
Allowable Subject Matter
Claim 15 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 15, the prior art of record fails to disclose or render obvious the method of claim 13 and in combination with the remaining features recited.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Neubauer et al. (US 2006/0112695 A1) discloses a motor vehicle includes an internal combine engine and an auxiliary power unit and a fuel cell 50, see Figures 1-2;
Kaupert (US 2009/0305097 A1) discloses a fuel cell system and motor vehicle equipped therewith includes a recycling burner waste gas, see Figure 1; and
Wall, II (US 2024/0044285 A1) discloses systems and methods for on-board catalytic production of hydrogen from ammonia using a plate heat exchange catalyst unit, see Figures 14-17.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tinh T Dang whose telephone number is (571)270-1776. The examiner can normally be reached Monday - Friday, 9AM - 5PM.
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/TINH T DANG/Primary Examiner, Art Unit 3655
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