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Amin, Turocy & WatsonIntellectual Property

Green Technologies

In a crowded art, the application has to say why the change works.

Fuel cells, batteries and solar cells are mature technologies with dense prior art, and much of what is patented in them improves a known structure or a known control sequence. An examiner can usually find each element somewhere in the references. What holds a claim is a specification that names the problem the arrangement solves and the effect it produces, written into the application as filed, so that the argument against obviousness rests on the disclosure rather than on evidence assembled for the first time in response to a rejection.

Published patents in this area
384
Professionals
10

We draft and prosecute patent applications on fuel cells — the stack, its separators, flow fields and membrane electrode assemblies, the supply of fuel gas and water around it, and the control that starts, inspects and diagnoses a fuel cell system in service. The same work covers electric vehicles and their charging, by cable, wirelessly and between vehicle and grid; secondary batteries from lithium-ion to all-solid-state cells, with the modules, packs and battery management built around them; photovoltaic cells and modules as generating systems; and water electrolysis for hydrogen alongside the electrochemical conversion of carbon dioxide.

The boundaries with the firm's other areas follow what is claimed. A new electrode or solid electrolyte material belongs here when the invention is the cell, and it sits close to Chemical & Biotechnology, because its scope is decided by the examples the way any composition's is. The power semiconductor devices and converter circuit design inside a charger are Semiconductors & Electronics work, as is photovoltaic device physics treated as semiconductor structure; here the charger is claimed as part of the vehicle's charging system, and a solar cell is claimed as a source of energy — the cell, the module and the system that generates from it. Driving automation in an electric vehicle is handled in Autonomous Vehicles.

Obviousness when every element is known

A fuel cell stack is a thoroughly documented machine. Separators, flow fields, membrane electrode assemblies, reactant gas passages and end plates have each been described many times over, and an examiner building an obviousness rejection can usually find every structural element of a new stack in the references. After KSR, a combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results, so the question in examination is rarely whether the parts are new. It is whether there was a reason to arrange them this way, and whether the result is one the references would have led anyone to expect.

That answer is strongest when it is already in the specification. An application that shows a separator geometry and stops gives the examiner nothing to weigh against the combination; one that explains the mechanism — the reactant it distributes more evenly across the active area, the water it keeps out of the flow field — and ties that effect to the claimed structure has made the argument before the rejection is written, and gives any later declaration evidence something to stand on. Operating methods raise the same problem in a different form. A start-up or activation sequence is a series of known steps, and its case for patentability rests on the condition it prevents or the result it achieves, which is what the claim and the specification both have to state.

Estimation, and the control it drives

Much of battery management is estimation: the temperature inside a cell that no sensor reaches, the state of charge, the capacity, the internal resistance. A claim that recites acquiring voltage and current and calculating one of those values reads, to an examiner applying Alice and the Office's eligibility guidance, as a mathematical concept performed on a generic controller, and it is likely to draw an eligibility rejection however careful the model behind it.

What holds is the control the estimate drives. A claim that uses the estimated temperature to decide when and how far to raise the battery's temperature, to control charging, or to balance cells integrates the calculation into the operation of a physical system, which is the kind of practical application the eligibility analysis looks for, provided the control step is recited with enough particularity that it is more than an instruction to apply the result. The specification should say why the estimate is needed — that the quantity cannot be measured directly in a sealed pack, and what goes wrong when the control acts on a poor one — so that the technical improvement is on the record before anyone questions it.

Evidence

Patents we drafted in this area

Patents the firm prosecuted, drawn from its own published listing and from the USPTO's attorney-of-record index. A record, not a claim.
All patent listings
  • 12,723,317CO2 conversion method
  • 12,722,505Contactless power transmission system
  • 12,679,241Method to establish communication to discharge energy
  • 12,665,241Temperature raising system
  • 12,658,504Temperature adjusting device and vehicle
  • 12,658,487Recovery processing method of lithium ion battery, charge/discharge device, and storage medium
  • 12,654,580Controlling charging based on charger connection state
  • 12,643,414Electric vehicle control system

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