Ex Parte Haltiner et al

Board of Patent Appeals and Interferences

May 14, 2008

10178133 (B.P.A.I. May. 14, 2008)

UNITED STATES PATENT AND TRADEMARK OFFICE
__________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________

Ex parte KARL J. HALTINER JR.
and SEAN M. KELLY
__________

Appeal 2007-3292
Application 10/178,1331
Technology Center 1700
___________

Decided: May 14, 2008
___________

Before ADRIENE LEPIANE HANLON, CATHERINE Q. TIMM, and
MARK NAGUMO, Administrative Patent Judges.

HANLON, Administrative Patent Judge.

DECISION ON APPEAL

A. STATEMENT OF THE CASE
The Appellants appeal from the final rejection of claims 1-7 and 11-
24, all of the claims pending in the application. 35 U.S.C. § 134. We have
jurisdiction under 35 U.S.C. § 6(b). We REVERSE.

1 Application for patent filed June 24, 2002.
Appeal 2007-3292
Application 10/178,133

The Examiner finally rejected claims 1-7, 11-13, 16-18, and 21-24
under 35 U.S.C. § 103(a) as being unpatentable over the combined teachings
of Nagayasu2 and Aramaki.3 Final 3-7.4
The Examiner finally rejected claims 14, 15, 19, and 20 under
35 U.S.C. § 103(a) as being unpatentable over the combined teachings of
Nagayasu, Aramaki, and Keskula.5
B. ISSUE
Have the Appellants shown that the Examiner erred in finding that
Aramaki discloses a first air flow and a second air flow “controllably
combined” to provide air to a cathode at a desired temperature?
C. FINDINGS OF FACT
The following findings of fact are believed to be supported by a
preponderance of the evidence. Additional findings of fact as necessary
appear in the Analysis portion of the opinion.
1. Claimed invention
Claims 1, 7, 21, and 24 are the independent claims pending in the
application.
Claim 1 reads as follows:
1. A fuel cell system for generating electric power by
combination of oxygen with hydrogen-containing fuel,
comprising:

2 Patent 6,309,770 B1 to Nagayasu et al. issued on October 30, 2001
(“Nagayasu”).
3 Patent Application Publication US 2002/0039672 A1 to Aramaki published
on April 4, 2002 (“Aramaki”).
4 Final Office Action mailed February 21, 2006.
5 Patent Application Publication US 2004/0151955 A1 to Keskula et al.
published on August 5, 2004 (“Keskula”).
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Appeal 2007-3292
Application 10/178,133

a) a plurality of individual fuel cells organized into at least
one fuel cell stack assembly including a plurality of cathodes
and anodes;

b) an air supply system for controllably supplying air to said
stack assembly;

c) at least one heat exchanger disposed between said air
supply system and said stack assembly and having a heated
medium flowing through a first side thereof,

wherein a first air flow from said air supply system is passed
through a second side of said heat exchanger wherein said
heated medium heats said first air flow, and a second air flow is
bypassed of said heat exchanger, said first and second flows
subsequently being controllably combined to provide air to said
cathodes at a desired temperature.

Emphasis added.
Similarly, independent claims 7, 21, and 24 recite that a first air flow
from the air supply system is passed through a second side of the heat
exchanger and a second air flow is bypassed of the heat exchanger, the first
and second flows subsequently being controllably combined to provide air to
the cathodes at a desired temperature.
2. Aramaki
Aramaki discloses a fuel cell system. Aramaki, para. [0001].
Aramaki Figure 1 illustrates an embodiment of the disclosed fuel cell
system. Aramaki, para. [0011]. Aramaki Figure 1 is reproduced below:

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Appeal 2007-3292
Application 10/178,133

Aramaki Figure 1 depicts a fuel cell system.
Aramaki discloses that the fuel cell system includes a main air-flow
passage 6, a bypass flow passage 7 connected in parallel with the main air-
flow passage 6, and a flow-passage change-over section including first and
second change-over valves 8 and 9 connected to first and second branch
points of the main air-flow passage 6 and the bypass flow passage 7,
respectively. The first and second branch points are connected to the
compressor 2 and the fuel cell 1, respectively. Actuation of the change-over
valves 8 and 9 allows compressed air, fed from the compressor 2, to be
selectively admitted through either one of the main air-flow passage 6 and
the bypass flow passage 7 to the fuel cell 1. Aramaki, para. [0020].
D. ANALYSIS
The Examiner found that Nagayasu does not expressly disclose the air
flow bypass recited in claims 1, 7, 21, and 24. Ans. 5.6 However, the
Examiner found that Aramaki discloses an air flow bypass. Ans. 5-6.

6 Examiner’s Answer mailed February 20, 2007.
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Appeal 2007-3292
Application 10/178,133

Specifically, the Examiner found:
[A]fter closing valve 9 or 8 there is still some air flowing from
the bypass passage (7) into the main air-flow passage 6 and that
some air necessarily combines with the air flow fed through the
main air-flow passage 6; and that takes place until valve 9 or 8
are fully closed so that no more air is flowing from the bypass
passage (7). . . . Therefore, it is again emphatically contended
that air is supplied to the fuel cell cathode in a controlled
manner at least during the momentary change-over operation of
the valves.

Ans. 13.
The Appellants argue that even if the air flow through passages 6 and
7 are mixed together for a few seconds during a change-over operation,
nothing in Aramaki teaches or suggests that this momentary combined air
flow is provided to the cathode in a controlled fashion to maintain a desired
temperature. Br. 11.7
Aramaki discloses that actuation of the change-over valves 8 and 9
allows compressed air to be selectively admitted through either one of the
main air-flow passage 6 and the bypass flow passage 7 to the fuel cell 1.
Aramaki, para. [0020]. To the extent that there may be a momentary
incidental mixing of air from passages 6 and 7 during a change-over
operation, the Examiner has failed to demonstrate that the air would be
controllably combined to provide air to a cathode at a desired temperature.
The Examiner erred in finding that Aramaki discloses a first air flow
and a second air flow “controllably combined” to provide air to a cathode at
a desired temperature.

7 Appeal Brief dated July 20, 2006.
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Appeal 2007-3292
Application 10/178,133

E. DECISION
The rejection of claims 1-7, 11-13, 16-18, and 21-24 under 35 U.S.C.
§ 103(a) as being unpatentable over the combined teachings of Nagayasu
and Aramaki is reversed.
The rejection of claims 14, 15, 19, and 20 under 35 U.S.C. § 103(a) as
being unpatentable over the combined teachings of Nagayasu, Aramaki, and
Keskula is reversed.

REVERSED

MAT

DELPHI TECHNOLOGIES, INC.
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