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 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.
Claim(s) 1, 2, 11-13, 15-17, & 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (Pub No. US 2023/0278714 A1) in view of Coertze et al. (Pub No. US 2025/0389230 A1).
Regarding claim 1
Wang teaches a propulsion system (See figure 1, ref # 100) for an aircraft, (See figure 6, ref # 400) comprising: a fan section (See figure 1, ref # 102) comprising a fan; (See paragraph 0067 & figure 1, ref # 126) a turbomachine (See paragraph 0111 & figure 7, ref # 506) comprising a compressor section, (See figures 1, 5, & 7-9, ref # 110, 112, 510, & 512) a combustion section, (See figures 1, 5, & 7-9, ref # 114 & 514) and a turbine section (See figures 1, 5, & 7-9, ref # 116, 118, 516, & 518) arranged in serial flow order; (See paragraph 0111 & figure 7) at least one electric machine, (See figures 1, 5, & 7-9, ref # 152, 328, & 410) wherein one or both of the turbomachine (See paragraph 0111 & figure 7, ref # 506) and the at least one electric machine (See paragraph 0089 & figures 1, 5, & 7-9, ref # 152, 328, & 410) are configured to drive rotation of the fan (See figures 1, 5, & 7-9, ref # 126 & 526) of the fan section; (See paragraph 0130 & figures 1, 5, & 7-9, ref # 102) a fuel cell assembly (See figures 1, 5, & 7-9, ref # 204 & 504) configured to supply power to the electric machine, (See paragraph 0103 & figures 1, 5, & 7-9, ref # 152, 328, & 410) the fuel cell assembly (See figures 1, 5, & 7-9, ref # 204 & 504) including at least one fuel cell, (See paragraphs 0053, 0089 & figures 1, 5, & 7-9, ref # 232, 234, & 504) a first fluid inlet (See figures 1, 5, & 7-9, ref # 270) for receiving a flow of pressurized air, and a second fluid inlet (See figures 1, 5, & 7-9, ref # 268) for receiving a flow of fuel; (See paragraph 0064) and a controller (See paragraph 0105-0106 & figures 1, 5, & 7-9, ref # 412) comprising a memory and one or more processors, the memory storing instructions that when executed by the one or more processors cause the propulsion system (See figure 1, ref # 100) to perform a plurality of operations including: receiving data indicative of an altitude of the aircraft. (See paragraph 0105 & figure 6, ref # 400)
Wang does not teach managing the flow of pressurized air to the fuel cell assembly in response to the received data indicative of the altitude of the aircraft.
However, Coertze teaches a controller (See paragraph 0059 & figure 2, ref # 126) comprising a memory and one or more processors, (See paragraph 0061) the memory storing instructions that when executed by the one or more processors cause the propulsion system to perform a plurality of operations (See paragraph 0059) including: receiving data indicative of an altitude of the aircraft; (See paragraphs 0059 & 0061) and managing the flow of pressurized air to the fuel cell assembly (See paragraph 0059 & figure 2, ref # 114) in response to the received data indicative of the altitude of the aircraft. (See paragraphs 0010 & 0059)
Therefore it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have a managing of the flow of pressurized air to the fuel cell assembly in response to the received data indicative of the altitude of the aircraft as taught by Coertze in the aircraft of Wang, so as to provide sufficient airflow to the fuel cells.
Regarding claim 2
Wang does not teach wherein receiving data indicative of the altitude of the aircraft comprises determining the altitude of the aircraft and comparing the determined altitude to an altitude threshold.
However, Coertze teaches wherein receiving data indicative of the altitude of the aircraft comprises determining the altitude of the aircraft and comparing the determined altitude to an altitude threshold. (See paragraph 0007)
Therefore it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have a receiving data indicative of the altitude of the aircraft comprises determining the altitude of the aircraft and comparing the determined altitude to an altitude threshold as taught by Coertze in the aircraft of Wang, so as to provide sufficient airflow to the fuel cells.
Regarding claim 11
Wang teaches wherein the turbine section (See figures 1, 5, & 7-9, ref # 116, 118, 516, & 518) is in fluid communication with and downstream of a fluid outlet of the fuel cell. (See figures 1, 5, & 7-9)
Regarding claim 12
Wang teaches wherein the turbine section (See figures 1, 5, & 7-9, ref # 116, 118, 516, & 518) is configured to receive at least a portion of exhaust gas exhausted from the turbine section. (See figures 1, 5, & 7-9, ref # 116, 118, 516, & 518)
Regarding claim 13
Wang teaches wherein the fuel cell assembly (See figures 1, 5, & 7-9, ref # 504) comprises: an air management system in fluid communication with the at least one fuel cell (See figures 1, 5, & 7-9, ref # 232, 234, & 504) and the compressor section, (See figures 1, 5, & 7-9, ref # 110, 112, 510, & 512) the air management system downstream of the compressor section (See figures 1, 5, & 7-9, ref # 110, 112, 510, & 512) and upstream of the at least one fuel cell; (See figures 1, 5, & 7-9, ref # 232, 234, & 504) and a control valve (See figures 1, 5, & 7-9, ref # 278, 282, & 286) in fluid communication with the air management system and the compressor section, (See figures 1, 5, & 7-9, ref # 110, 112, 510, & 512) the control valve (See figures 1, 5, & 7-9, ref # 278, 282, & 286) downstream of the compressor section (See figures 1, 5, & 7-9, ref # 110, 112, 510, & 512) and upstream of the at least one fuel cell. (See paragraph 0069 & figures 1, 5, & 7-9, ref # 232, 234, & 504)
Regarding claim 15
Wang teaches wherein the fuel cell assembly (See figures 1, 5, & 7-9, ref # 204 & 504) further comprises: an air management system in fluid communication (See figures 1, 5, & 7-9, ref # 270) with the at least one fuel cell; (See figures 1, 5, & 7-9, ref # 232, 234, & 504) and an air stream supply in fluid communication with the air management system, the air stream supply comprising: a fuel cell compressor (See figures 1, 5, & 7-9, ref # 110, 112, 510, & 512) in fluid communication with the air management system, a fuel cell turbine (See figures 1, 5, & 7-9, ref # 116, 118, 516, & 518) drivingly coupled to the fuel cell compressor. (See figures 1, 5, & 7-9, ref # 110, 112, 510, & 512)
Wang does not teach a guide vane assembly having a plurality of inlet guide vanes disposed upstream of the fuel cell compressor, and an actuator operable to vary a pitch angle of each of the plurality of inlet guide vanes; wherein the controller is operably coupled to the actuator; and wherein the managing the flow of pressurized air to the fuel cell assembly comprises rotating one or more of the plurality of inlet guide vanes via the actuator.
However, Coertze teaches a guide vane assembly having a plurality of inlet guide vanes disposed upstream of the fuel cell compressor, (See paragraph 0010) and an actuator operable to vary a pitch angle of each of the plurality of inlet guide vanes; (See paragraph 0010) wherein the controller is operably coupled to the actuator; (See paragraph 0010) and wherein the managing the flow of pressurized air to the fuel cell assembly comprises rotating one or more of the plurality of inlet guide vanes via the actuator. (See paragraph 0010)
Therefore it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have a guide vane assembly having a plurality of inlet guide vanes disposed upstream of the fuel cell compressor, and an actuator operable to vary a pitch angle of each of the plurality of inlet guide vanes; wherein the controller is operably coupled to the actuator; and wherein the managing the flow of pressurized air to the fuel cell assembly comprises rotating one or more of the plurality of inlet guide vanes via the actuator as taught by Coertze in the aircraft of Wang, so as to selectively vary the airflow to the fuel cells. (See paragraphs 0007-0008)
Regarding claim 16
Wang does not teach wherein: the controller is configured to rotate the plurality of inlet guide vanes to a first position based on the altitude being less than or equal to an altitude threshold; and the controller is configured to rotate the plurality of inlet guide vanes to a second position based on the altitude exceeding the altitude threshold.
However, Coertze teaches controller is configured to rotate the plurality of inlet guide vanes to a first position based on the altitude being less than or equal to an altitude threshold; (See paragraph 0007) and the controller is configured to rotate the plurality of inlet guide vanes to a second position based on the altitude exceeding the altitude threshold. (See paragraph 0007)
Therefore it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have a controller is configured to rotate the plurality of inlet guide vanes to a first position based on the altitude being less than or equal to an altitude threshold; and the controller is configured to rotate the plurality of inlet guide vanes to a second position based on the altitude exceeding the altitude threshold as taught by Coertze in the aircraft of Wang, so as to provide sufficient airflow to the fuel cells.
Regarding claim 17
Wang teaches wherein the fuel cell assembly (See figures 1, 5, & 7-9, ref # 204 & 504) comprises: an air management system in fluid communication with the at least one fuel cell; (See figures 1, 5, & 7-9, ref # 232, 234, & 504) and an air stream supply configured to supply the flow of pressurized air (See figures 1, 5, & 7-9, ref # 270) to the fuel cell assembly. (See figures 1, 5, & 7-9, ref # 232, 234, & 504)
Regarding claim 19
Wang teaches wherein the at least one fuel cell includes a plurality of fuel cells stacked together and forming a fuel cell stack. (See paragraph 0053 & figure 2)
Regarding claim 20
Wang teaches wherein the at least one fuel cell comprises Proton Exchange Membrane Fuel Cells (PEMFCs). (See paragraph 0037)
Claim(s) 3-6 & 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (Pub No. US 2023/0278714 A1) in view of Coertze et al. (Pub No. US 2025/0389230 A1) as applied to claim 1 above, and further in view of Okabe et al. (Pub No. US 2022/0344687 A1).
Regarding claim 3
A modified Wang does not teach wherein receiving data indicative of the altitude of the aircraft comprises receiving data indicative of the altitude being less than or equal to an altitude threshold, and wherein managing the flow of pressurized air to the fuel cell assembly comprises: increasing the flow of pressurized air to the fuel cell assembly based on the altitude being less than or equal to the altitude threshold.
However, Okabe teaches wherein receiving data indicative of the altitude of the aircraft comprises receiving data indicative of the altitude being less than or equal to an altitude threshold, and wherein managing the flow of pressurized air to the fuel cell assembly comprises: increasing the flow of pressurized air to the fuel cell assembly based on the altitude being less than or equal to the altitude threshold. (See abstract)
Therefore it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have a receiving data indicative of the altitude of the aircraft comprises receiving data indicative of the altitude being less than or equal to an altitude threshold, and wherein managing the flow of pressurized air to the fuel cell assembly comprises: increasing the flow of pressurized air to the fuel cell assembly based on the altitude being less than or equal to the altitude threshold as taught by Okabe in the modified aircraft of Wang, so as to provide sufficient airflow to the fuel cells at different altitudes. (See abstract)
Regarding claim 4
A modified Wang does not teach wherein receiving data indicative of the altitude of the aircraft comprises receiving data indicative of the altitude being greater than an altitude threshold, and wherein managing the flow of pressurized air to the fuel cell assembly comprises: reducing the flow of pressurized air to the fuel cell assembly based on the altitude being greater than the altitude threshold.
However, Okabe teaches wherein receiving data indicative of the altitude of the aircraft comprises receiving data indicative of the altitude being greater than an altitude threshold, and wherein managing the flow of pressurized air to the fuel cell assembly comprises: reducing the flow of pressurized air to the fuel cell assembly based on the altitude being greater than the altitude threshold. (See abstract)
Therefore it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have a receiving data indicative of the altitude of the aircraft comprises receiving data indicative of the altitude being greater than an altitude threshold, and wherein managing the flow of pressurized air to the fuel cell assembly comprises: reducing the flow of pressurized air to the fuel cell assembly based on the altitude being greater than the altitude threshold as taught by Okabe in the modified aircraft of Wang, so as to provide sufficient airflow to the fuel cells at different altitudes. (See abstract)
Regarding claim 5
A modified Wang does not teach wherein the fuel cell assembly comprises at least one compressor and at least one bypass valve in fluid communication with the compressor and the first fluid inlet.
However, Okabe teaches wherein the fuel cell assembly comprises at least one compressor and at least one bypass valve in fluid communication with the compressor and the first fluid inlet. (See abstract)
Therefore it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have a fuel cell assembly comprises at least one compressor and at least one bypass valve in fluid communication with the compressor and the first fluid inlet as taught by Okabe in the modified aircraft of Wang, so as to provide sufficient airflow to the fuel cells at different altitudes. (See abstract)
Regarding claim 6
Wang does not teach the altitude of the aircraft is greater than or equal to 0 feet and less than or equal to 25,000 feet.
However, Coertze teaches the altitude of the aircraft is greater than or equal to 0 feet and less than or equal to 25,000 feet. (See paragraph 0007)
Therefore it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have an altitude of the aircraft that is greater than or equal to 0 feet and less than or equal to 25,000 feet as taught by Coertze in the aircraft of Wang, so as to provide sufficient airflow to the fuel cells.
Regarding claim 10
Wang teaches wherein the at least one electric machine (See figures 1 & 5-9, ref # 152, 328, & 410) comprises a first electric machine, (See figures 1 & 5-9, ref # 152, 328, & 410) and wherein the fuel cell assembly (See figure 7, ref # 504) comprises a second electric machine (See figures 5-9, ref # 328 & 410) mechanically coupled to the at least one compressor (See figures 1 & 7, ref # 110, 112, 510, & 512) for driving rotation of the at least one compressor. (See paragraph 0130 & figure 7, ref # 510 & 512)
Allowable Subject Matter
Claims 7-9, 14, & 18 are 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 7,
The prior art does not disclose or suggest the claimed “wherein the controller is operably coupled to the at least one bypass valve and configured to activate the at least one bypass valve based on the altitude being less than or equal to an altitude threshold and deactivate the at least one bypass valve based on the altitude exceeding the altitude threshold” in combination with the remaining claim elements as set forth in claim 7.
Regarding claim 9,
The prior art does not disclose or suggest the claimed “wherein the fuel cell assembly comprises a supercharger or a turbocharger in fluid communication with and upstream of the at least one compressor” in combination with the remaining claim elements as set forth in claim 9.
Regarding claim 14,
The prior art does not disclose or suggest the claimed “wherein: the air management system further comprises a distribution manifold in fluid communication with the control valve and the at least one fuel cell, the distribution manifold configured to distribute the flow of pressurized air to the at least one fuel cell; and the controller is operably coupled to the control valve and configured to activate the control valve based on the altitude being less than or equal to an altitude threshold and deactivate the control valve based on the altitude exceeding the altitude threshold” in combination with the remaining claim elements as set forth in claim 14.
Regarding claim 18,
The prior art does not disclose or suggest the claimed “wherein the air stream supply comprises one or both of an air tank for storing the pressurized air and an oxygen tank” in combination with the remaining claim elements as set forth in claim 18.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY ANDREW BONNETTE whose telephone number is (571)270-7556. The examiner can normally be reached M-Th 6:30 am - 5:00 pm.
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/RODNEY A BONNETTE/Primary Examiner, Art Unit 3647
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