DETAILED ACTION
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.
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) 1-5, 9, 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lukkes (WO 2017196174 A1) in view of Geangu (RO 132399 A0) and Xia (CN 107014085 A).
Regarding claim 1, Lukkes discloses a system for energy and environmental optimization of a facility, the facility comprising at least one combustion apparatus (4) comprising at least one burner (8), the system comprising:
at least one production device (20+28) for producing hydrogen (24) and/or oxygen (22) by water (26) electrolysis, and
at least one injection system (10, 12, and/or 14) connected to at least one fuel and/or oxidant inlet of the burner (8),
the system configured for:
injecting into the fuel inlet gases coming from the production device, and/or a mixture of these gases, as well as a fuel fluid, and/or
injecting into the oxidant inlet gases coming from the production device, and/or a mixture of these gases, as well as an oxidant fluid,
the system comprising at least one electronic module connected to the production device, to the combustion apparatus and/or to sensors equipping the facility, the module configured for controlling the production device and/or the injection system as a function of at least one piece of information coming from the combustion apparatus and/or the sensors.
Lukkes fails to disclose:
wherein the production device comprises a heat exchanger in fluid communication with the combustion apparatus and configured for preheating water, the heat exchanger being located inside or at the outlet of the electrolyzer and being fluidly connected to the burner, the heat exchanger being located upstream of the burner according to a normal direction of flow of the preheated water so that the combustion apparatus is configured to heat the preheated water coming from the heat exchanger.
Lukkes discloses where the combustion apparatus is used to heat water (pg. 8, lines 11-16), but does not disclose a heat exchanger for preheating the water, the system being configured so that the combustion apparatus heats the preheated water coming from the heat exchanger, the heat exchanger being located inside or at the outlet of the electrolyzer, the heat exchanger being located upstream of the burner according to a normal direction of flow of the preheated water so that the combustion apparatus is configured to heat the preheated water coming from the heat exchanger.
Geangu teaches a production device for producing hydrogen and/or oxygen by water electrolysis, wherein the production device (1) comprises a heat exchanger (3) in fluid communication with the water heater and configured for preheating water, the heat exchanger being located inside or at the outlet of the electrolyzer (see abstract and Fig. 1), the heat exchanger being located upstream of the burner according to a normal direction of flow of the preheated water so that the combustion apparatus is configured to heat the preheated water coming from the heat exchanger (see last paragraph, before the claims, of the English translation discussing where the heat exchanger 3 is used to preheat the domestic hot water; this teaching suggests that the water preheated by the electrolyzer flows downstream to a water heater to be further heated by the hot water heater)
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Lukkes wherein the production device comprises a heat exchanger in fluid communication with the water heater and configured for preheating water, the heat exchanger being located inside or at the outlet of the electrolyzer, the heat exchanger being located upstream of the burner according to a normal direction of flow of the preheated water so that the combustion apparatus is configured to heat the preheated water coming from the heat exchanger.
With the modification, some of the water preheated in the radiator(s) (Lukkes, 30) can be further heated in the combustion apparatus to produce hot water. The motivation to combine is to reduce the time for the water in the hot water heater to reach the desired/set temperature. This feature would be especially beneficial if the demand for hot water is high. Moreover, preheating the water would also help cool the housing of the hydrogen/oxygen production device (Lukkes, pg. 9, lines 3-5).
Lukkes does not disclose where the heat exchanger is fluidly connected to the burner. However, Xia teaches a hot water heater where the heat exchanger (9) is fluidly connected to the burner (6).
Note: Xia also teaches where the heat exchanger (9) is configured for preheating water, the heat exchanger being located upstream of the burner (6) according to a normal direction of flow of the preheated water so that the combustion apparatus is configured to heat the preheated water coming from the heat exchanger (cold water enters at inlet 8, is preheated in coil 9, and then flows downstream to a second heat exchanger 7 to be heated by the burner 6, similar to how the present invention is fluidly connected to the burner).
It would have been obvious to a person skilled in the art at the time of effective filing of the application to further modify Lukkes where the heat exchanger is fluidly connected to the burner, so that there is a means for further heating of the preheated water in the combustion apparatus.
Regarding claim 2, modified Lukkes discloses wherein the heat exchanger (Lukkes, 30) is configured for cooling the production device (Lukkes, pg. 9, lines 3-5).
Regarding claim 3, Lukkes discloses wherein the injection system comprises fluidic components (fan 38 and various valves such as valves 16, 48) configured for controlling according to different modes (i.e., different flow rates and gas-air ratios) an injection of hydrogen and/or oxygen gases on the fuel inlet of the burner and/or on the oxidant inlet of the burner (the valve and fan are capable of being adjusted).
Regarding claim 4, Lukkes discloses wherein the electronic module (38) is configured to control the different injection modes (i.e., flow rates) to inject all or part of the hydrogen and/or oxygen gases on the fuel inlet of the burner and/or all or part of the hydrogen and/or oxygen gases on the oxidant inlet of the burner (8) (pg. 11).
Regarding claim 5, Lukkes discloses wherein the injection system is configured so that a mixing (via three-way valve 48) of hydrogen and/or oxygen gases with a fuel fluid (“Gas”, Fig. 1B) or an oxidant fluid is carried out inside the system before injection on at least one fuel and/or oxidant inlet (inlet into burner 8) of the combustion apparatus.
Regarding claim 9, Lukkes discloses wherein the production device is coupled to a renewable energy (ENR) power source (32).
Regarding claim 12, modified Lukkes discloses (see rejection of claim 1 for citations unless otherwise noted) an assembly, the assembly comprising: at least one combustion apparatus with at least one burner(s) and at least one system for energy and environmental optimization of the assembly, the assembly comprising: at least one production device for producing hydrogen and/or oxygen by water electrolysis, and at least one injection system connected to at least one fuel and/or oxidant inlet of the burner, the system configured for: injecting into the fuel inlet gases coming from the production device, and/or a mixture of these gases, as well as a fuel fluid, and/or injecting into the oxidant inlet gases coming from the production device, and/or a mixture of these gases, as well as an oxidant fluid, the system comprising at least one electronic module connected to the production device, to the combustion apparatus and/or to sensors equipping the system, the module configured for controlling the production device and/or the injection system as a function of at least one piece of information coming from the combustion apparatus and/or the sensors, wherein the production device comprises a heat exchanger configured for preheating water, the heat exchanger being located inside or at the outlet of the electrolyzer and being fluidly connected to the burner, the heat exchanger being located upstream of the burner according to a normal direction of flow of the preheated water so that the combustion apparatus is configured to heat the preheated water coming from the heat exchanger.
Regarding claim 13, Lukkes discloses wherein the injection system is integrated into the combustion apparatus (the injection system is integrated into the combustion apparatus 4).
Regarding claim 14, Lukkes discloses wherein the combustion apparatus and the injection system are configured to exchange parameters (i.e., flow rates of the gases and air) representative of ratios of hydrogen, oxygen and/or fuel fluid to be injected on a fuel inlet and/or ratios of hydrogen, oxygen and/or oxidant fluid to be injected on the oxidant inlet.
Regarding claim 15, Lukkes discloses wherein the combustion apparatus comprises a boiler (top of pg. 1).
Regarding claim 16, modified Lukkes discloses (see rejection of claim 1 for citations unless otherwise noted) method for energy and environmental optimization of a facility, the method comprising: producing hydrogen and/or oxygen by water electrolysis, injecting into a fuel inlet of a burner of the combustion apparatus gases coming from the producing step; and/or a mixture of these gases, as well as a fuel fluid, and/or injecting into an oxidant inlet of the burner gases coming from the producing step; and/or a mixture of these gases, as well as an oxidant fluid, controlling by an electronic module the producing step and/or the injection steps as a function of at least one piece of information coming from the combustion apparatus and/or sensors of the facility, and preheating water by a heat exchanger and subsequently heating the preheated water by the combustion apparatus, the heat exchanger being located inside or at the outlet of the electrolyzer and being fluidly connected to the burner, the heat exchanger being located upstream of the burner according to a normal direction of flow of the preheated water.
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lukkes (WO 2017196174 A1) in view of Geangu (RO 132399 A0) and Xia (CN 107014085 A), as applied to claim 1, and further in view of Sugioka (US 20210185743 A1).
Regarding claim 6, Lukkes fails to explicitly disclose wherein the electronic module comprises at least one telecommunication module configured for a transmission to a remote server of data of the combustion apparatus, the production device, the sensors and/or the injection system.
However, Sugioka teaches an electronic module comprising at least one telecommunication module (4, Fig. 1) configured for a transmission to a remote server of data (2) of the combustion apparatus, the sensors and/or the injection system (para. 65).
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Lukkes wherein the electronic module comprises at least one telecommunication module configured for a transmission to a remote server of data of the combustion apparatus, the production device, the sensors and/or the injection system. The motivation to combine is so that the electronic module can two-way communicate with the production device, injection system, and various sensors.
Regarding claim 7, modified Lukkes discloses (see Sugioka) wherein the remote server (2) is configured for storing and processing (i.e., converting data into output voltages for transmission) operating data received from one or more electronic module to generate maintenance information (paras. 59, 63). It would have been obvious to a person skilled in the art at the time of effective filing of the application to further modify Lukkes wherein the remote server stores and processes operating data received from one or more electronic module(s) to generate maintenance information, to assist maintenance personnel in repairing/maintaining the system (Sugioka, para. 63).
Regarding claim 8, Lukkes fails to disclose wherein the remote server is configured to control a start-up of the production device, and/or the remote server is configured to transmit parameters, the parameters being representative of: ratios of hydrogen, oxygen and/or fuel fluid to be injected on the fuel inlet, and/or ratios of hydrogen, oxygen and/or oxidant fluid to be injected on the oxidant inlet.
However, Sugioka teaches wherein the remote server (2) is configured to control the various operations of the water heater (paras. 64, 65). It would have been obvious to a person skilled in the art at the time of effective filing of the application to further modify Lukkes wherein the remote server is configured to control various operations of the system such as a start-up of the production device, and/or the remote server is configured to transmit operational parameters, the parameters being representative of: ratios of hydrogen, oxygen and/or fuel fluid to be injected on the fuel inlet, and/or ratios of hydrogen, oxygen and/or oxidant fluid to be injected on the oxidant inlet. The motivation to combine is so that the system can be remotely operated.
Claim(s) 10, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lukkes (WO 2017196174 A1) in view of Geangu (RO 132399 A0) and Xia (CN 107014085 A), as applied to claim 1, and further in view of Molter (US 20040013923 A1).
Regarding claim 10, Lukkes fails to disclose a local storage system (S.H2) and/or a local storage system (S.O2) capable of storing all or part of a surplus hydrogen and/or oxygen generated by the production device, the electronic module configured for controlling the injection system in order to subsequently supply in a manner that is desynchronized with the production of hydrogen and/or oxygen the combustion apparatus with the hydrogen and/or oxygen thus stored.
However, Molter teaches a system for storing and recovering energy, the system comprising: a local storage system (S.H2) (26, Fig. 3) capable of storing all or part of a surplus hydrogen generated by the production device (39), the electronic module (not explicitly disclosed, but is inherent or suggested in paras. 53-55 since a control system is needed to operate the hydrogen storage system) configured for controlling the injection system (hydrogen lines to the combustion apparatus 35) in order to subsequently supply in a manner that is desynchronized with the production of hydrogen the combustion apparatus (35) with the hydrogen thus stored (the hydrogen storage system works in conjunction with the hydrogen generator, and not with combustion apparatus) (para. 34).
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Lukkes to include a local storage system (S.H2) and/or a local storage system (S.O2) capable of storing all or part of the a surplus hydrogen and/or oxygen generated by the production device, the electronic module configured for controlling the injection system in order to subsequently supply in a manner that is desynchronized with the production of hydrogen and/or oxygen the combustion apparatus with the hydrogen and/or oxygen thus stored. The motivation to combine is so that there is an uninterrupted supply of hydrogen to the combustion apparatus.
Regarding claim 11, Lukkes fails to disclose a fuel cell configured for receiving as input hydrogen stored in the storage system and converting the hydrogen into electrical energy. However, Molter teaches a fuel cell (42, Fig. 3) configured for receiving as input hydrogen stored in the storage system (26) and converting the hydrogen into electrical energy (para. 45).
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Lukkes to include a fuel cell configured for receiving as input hydrogen stored in the storage system and converting the hydrogen into electrical energy. The motivation to combine is so that electricity can be generated to power the various devices in the system.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON LAU whose telephone number is (571)270-7644. The examiner can normally be reached Mon-Fri 9:00-6:00.
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/JASON LAU/Primary Examiner, Art Unit 3762