Ex Parte Yoshida et al

Patent Trial and Appeal BoardFeb 11, 2016

12810471 (P.T.A.B. Feb. 11, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE FIRST NAMED INVENTOR 12/810,471 06/24/2010 Michio Yoshida 23838 7590 02/16/2016 KENYON & KENYON LLP 1500 K STREET N.W. SUITE 700 WASHINGTON, DC 20005 UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. 140061171 6706 EXAMINER MCCONNELL, WYATTP ART UNIT PAPER NUMBER 1726 NOTIFICATION DATE DELIVERY MODE 02/16/2016 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address( es): uspto@kenyon.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte MICHIO YOSHIDA and TOMOYAOGAWA Appeal2014-001660 Application 12/810,471 Technology Center 1700 Before TERRY J. OWENS, KAREN M. HASTINGS, and CHRISTOPHER C. KENNEDY, Administrative Patent Judges. OWENS, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE The Appellants appeal under 35 U.S.C. Â§ 134(a) from the Examiner's rejection of claims 1, 3 and 5-8. We have jurisdiction under 35 U.S.C. Â§ 6(b). The Invention The Appellants claim a fuel cell system and a vehicle comprising the fuel cell system. Claim 1 is illustrative: A fuel cell system comprising: a fuel cell which generates a power by an electrochemical reaction of a fuel gas and an oxidant gas; a motor which is configured to be driven and to generate a regenerative power by receiving the supply of a power; Appeal2014-001660 Application 12/810,471 an inverter which converts a direct-current power output from the fuel cell into an alternate-current power to supply the power to the motor, thereby controlling the driving of the motor; a power storage connected to the motor in parallel with the fuel cell, and configured to be charged with the power generated by the fuel cell and the regenerative power generated by the motor and configured to discharge the charged powers to the motor; a rotation number detector which detects the rotation number of the motor; and a controller which determines whether or not to allow the stop of the control by the inverter with respect to the motor based on the present rotation number of the motor, wherein the controller compares the present rotation number of the motor with a threshold value which varies in accordance with operation modes of the fuel cell, to perform the determination, the operation modes include a usual operation mode associated with a rotation number threshold value NcoNsT and at least one of (a) a high potential avoiding control mode associated with a rotation number threshold value Na that is less than NcoNsT and (b) a warm-up operation mode associated with a rotation number threshold value Nb that is less than NcoNsT, and when the present rotation number of the motor is smaller than the rotation number threshold value corresponding to the present operation mode of the fuel cell, the controller allows the stop of the control by the inverter with respect to the motor. Kadoya Igarashi The References US 2002/0047429 Al US 2006/0093880 Al The Rejection Apr. 25, 2002 May4, 2006 Claims 1, 3 and 5-8 stand rejected under 35 U.S.C. Â§ 103 over Kadoya in view of Igarashi. 2 Appeal2014-001660 Application 12/810,471 OPINION We reverse the rejection. We need address only claim 1, which is the sole independent claim to a fuel cell system. 1 The Appellants' claim 1 requires a controller which, by comparing the present rotation number of a motor with a threshold value which varies in accordance with operation modes of a fuel cell, determines whether or not to allow an inverter to stop control of a motor, wherein "the operation modes include a usual operation mode associated with a rotation number threshold value NcoNsT and at least one of (a) a high potential avoiding control mode associated with a rotation number threshold value Na that is less than NcoNsT and (b) a warm-up operation mode associated with a rotation number threshold value Nb that is less than NcoNsT". Kadoya discloses a fuel cell wherein "generated voltage is applied to the power supply (fuel cell) through an inverter as reverse generated voltage" (i-f 15), wherein the reverse generated voltage is also applied to the fuel cell during ordinary traveling or during regenerative control. However, since the motor does not rotate at much high speed during ordinary traveling or during regenerative control at ordinary speed, the reverse generated voltage generated by the motor has a low value, and there arises no problem even if the reverse generated voltage is applied to the fuel cell itself. [i-f 17] However, during traveling at high speed, that is, when the motor is rotating at high speed, high reverse generated voltage is supplied to the fuel cell. Thus, when a value of such reverse generated voltage exceeds the cell voltage, the motor becomes unable to rotate, and therefore, when the motor should be rotated at higher speed, so-called "field weakening control" 1 Claims 5-8 to a fuel cell system include claim 1 's limitations. 3 Appeal2014-001660 Application 12/810,471 is performed as control to advance current phase, to thereby restrain generated voltage generated to be low. [i-f 18] Igarashi discloses: To improve fuel economy, so-called idle stop control is carried out for a fuel cell vehicle which mounts a fuel cell system. The idle stop control is carried out, for example, by stopping a part of accessories for supplying reaction gas to the fuel cell, such as a compressor, during the stop of the vehicle. [i-f 3] [I]f the idle stop is carried out during when the operation temperature of the fuel cell is low, acceleration of warming-up operation will be disadvantageously interrupted. This prolongs an unstable cell voltage state, which results in a disadvantage in that response to restart from idling is slow and a smooth running of the fuel cell mounted movable body is impaired. Further, a poor drivability state continues. Idle stop is, however, necessary in terms of improvement in fuel economy. [i-f 5] For example, when the accelerator pedal is not depressed and the vehicle speed is 0 km/h with the brake switch being ON, idle stop may be performed. [i-f 72] Igarashi performs idle stop only if the fuel cell's outlet water temperature is not lower than a predetermined temperature (i-f 73). "This can expedite a warming-up of the fuel cell 3 so that the fuel cell vehicle 1 can move smoothly" (id.). The Examiner asserts that "Kadoya clearly sets up the problem: regenerative power from the motor should only be applied to the battery when the voltage output of the motor is lower than the voltage output of the fuel cell" (Ans. 9) and that Igarashi's "teachings shed significant light on 4 Appeal2014-001660 Application 12/810,471 how one might go about solving the problem set-up by Kadoya despite the fact that Igarashi discusses neither a rotation number of the motor nor a threshold value that should be assigned to the modes of operation discussed therein" (Ans. 10). Nevertheless, the Examiner concludes that those references would have suggested "setting a first low uniform threshold value for the warm-up mode in relation to its low fuel cell voltage output and a second high uniform threshold value for normal operation mode in relation to its higher fuel cell voltage output" (Ans. 8). As indicated by the Examiner's acknowledgement that Igarashi does not disclose assigning threshold values to modes of operation, the Examiner has not set forth a factual basis which supports the Examiner's conclusion that the applied prior art would have suggested low and high threshold values based upon mode of operation. See In re Warner, 379 F.2d 1011, 1017 (CCP A 1967) ("A rejection based on section 103 clearly must rest on a factual basis, and these facts must be interpreted without hindsight reconstruction of the invention from the prior art"). Nor has the Examiner established that the applied prior art would have suggested comparing a motor's present rotation number with a threshold value which varies according to fuel cell operation modes. Thus, the Examiner has not established a prima facie case of obviousness of the Appellants' claimed invention. DECISION/ORDER The rejection of claims 1, 3 and 5-8 under 35 U.S.C. Â§ 103 over Kadoya in view of Igarashi is reversed. It is ordered that the Examiner's decision is reversed. 5 Appeal2014-001660 Application 12/810,471 kmm REVERSED 6