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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 31 December 2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim 1 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.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 8 and 13 are rejected under 35 U.S.C. 102(a)(1 or 2) as being anticipated by Suzuki et al. (US Pub 2015/0072254 newly cited).
In regard to claim 1, Suzuki et al. teach a system comprising: a plurality of hydrogen cabinets (hydrogen side space 3), each hydrogen cabinet comprising a hydrogen generator (including electrolyte 9); a plurality of electronics cabinets (oxygen side space 4 including electrical connection part 8 and optical semiconductor electrode 6); and at least one duct (hydrogen collecting pipe 22, hydrogen circulation pipe 23, additional plumbing shown) assembly operably connected to each of the plurality of hydrogen cabinets, wherein the plurality of hydrogen cabinets 3 are positioned vertically relative to one another to form at least one hydrogen stack, such that at least one hydrogen cabinet 3 of the plurality of hydrogen cabinets is on a first floor of a building and at least one hydrogen cabinet 3 of the plurality of the hydrogen cabinets is on a second floor of the building above the at least one hydrogen cabinet on the first floor of the building, and wherein exhaust (gas discharge port) from the plurality of hydrogen cabinets is directed to the duct assembly (paragraphs [0051-0075], figure 3 annotated below).
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In regard to claim 2, the plurality of electronics cabinets 4 are positioned vertically relative to one another to form an electronics stack (figure 3 above).
In regard to claim 8, wherein the exhaust from the plurality of hydrogen cabinets comprises hydrogen (paragraph [0077-0079]).
In regard to claim 13, a water source (electrolyte storage unit 14) operably connected to the plurality of hydrogen cabinets (paragraph [0081]).
In regard to claim 19, further comprising at least one hydrogen fuel cell generator cabinet (fuel cell 32 – figure 6 and 7 – paragraph [0115]).
Claims 4-7 and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. as applied to claim 1, in view of in view of Drozdzik (US Pub 2022/0112614 A1 of record).
In regard to claims 4-7 and 9, Suzuki et al. teach the system of claim 1 but does not describe particulars of the duct system or pumping systems. However, Drozdzik et al. teach a similar hydrogen generation system including hydrogen generating electrolyzer 15 connected to a fuel cell 29 (paragraphs [0068-0071], figure 1) and the desirability to include duct assembly (heating and cooling assembly 33 with heat exchanger 32 and outlet duct 38), wherein the at least one duct assembly comprises: an inner wall; an outer wall; and one or more fans operable to direct air into the at least one duct assembly, wherein the one or more fans each form a passage from the outer wall to the inner wall of the at least one duct assembly (figure 1, paragraphs [0022, 0073]), the duct assembly (33, fig. 1, see [0072]-[0073]) further comprising one or more cooling loops (11 and 12, fig. 1, see [0068]) disposed between the inner wall (6, fig. 1) and the outer wall (8, fig. 1) wherein the one or more fans (see [0072]) is operable to direct air to the one or more cooling loops and wherein the one or more cooling loops (11 and 12, fig. 1, see [0068]) is operably connected to a heat capture loop (32, fig. 1, see [0072]) and further to include a hydrogen compressor 18 connected to electrolyzer stack, as such components increase the energy efficiency of the system (paragraph [0058]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Suzuki et al. to include the duct system including one or more fans operable to direct air into the cooling loops in order to connect the cooling loop with the other parts of the heating and cooling system and a hydrogen compressor to increase the efficiency of the system as taught by Drozdzik.
In regard to claim 10, Drozdzik further teach the desirability to include AC/DC converters (i.e. input power switch gear – paragraph [0025]) in order to power all of the components.
In regard to claim 11 and 12, Drozdzik further teaches the desirability to include at least one water purification unit (water filer 14 – paragraph [0069]) and further comprising at least one booster pump (water pump), wherein the at least one booster pump is operable to provide purified water to each of the plurality of hydrogen cabinets (paragraph [0028, 0078, 0079]). The Examiner notes that the prior art is presumed to be capable of providing the water “at a uniform pressure” absent evidence to the contrary, as such relates to a functional limitation (MPEP 2114).
Claims 3 and 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. as applied to claim 1, and further in view of Allo (US Pub 2021/0104764 A1 of record).
Regarding claim 3, Suzuki et al. does not teach wherein the at least one hydrogen stack comprises a plurality of hydrogen stacks. However, Allo teaches a similar power generation sustem including hydrogen generation and consumption to provide electricity and that at least one hydrogen stack (2 vertical stacks formed by 224, Fig. 7) comprises a plurality of hydrogen stacks (see Fig. 7 where there are two vertical stacks formed by 224) with an aisle in between.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device taught by Suzuki et al. by adding a plurality of hydrogen stacks as taught by Allo for providing the device with sufficient electrical power to meet needs in a sustainable fashion (see [0028]).
Regarding claim 14, Suzuki et al. does not teach wherein the water source comprises an adsorber operable to adsorb water from the air. However, Allo teaches wherein the water source comprises an adsorber (see “a water vapor extractor” in Allo [0117]) operable to adsorb water from the air (one of ordinary skill in the art would know that water vapor extractors can operate by adsorbing water out of the air).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Suzuki et al. to include the adsorber operable to adsorb water from the air as taught by Allo (see [0117]) in order to configure the system to be off-grid, and have water from any suitable source (see [0117]).
Regarding claim 15, Allo teaches wherein the water source comprises a waste processing unit (“water drain,” fig. 9, see [0078]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Suzuki et al. in view of Allo to include the water drain taught by Allo (“water drain,” fig. 9, see [0078]) for disposing of excess water within the system (see [0078]).
Regarding claim 16, Allo teaches wherein the water source comprises rainwater (see Allo [0117]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught bySuzuki et al. in view of Allo to include the rain water source as taught by Allo (see [0117]) to configure the system to be off-grid and be fully self-sustaining (see [0117]).
Regarding claim 17 and 18, Allo teaches further comprising a plurality of photovoltaic panels (120, fig. 2, see [0047]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system taught by Suzuki et al. in view of Allo to include the photovoltaic panels taught by Allo (120, fig. 2, see [0047]) to have a local source of renewable energy for the system (see [0008]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. as applied to claim 1, and further in view of Yang (US 20110262842 A1 of record).
Regarding claim 20, Suzuki et al. fail to teach further comprising a heat storage system, wherein the heat storage system comprises a saline solution. However, Yang teaches further comprising a similar system and a heat storage system (see 20, fig. 1), wherein the heat storage system comprises a saline solution (see Table 1, where one of the phase change materials within the heat storage system is a “hydrated eutectic salt”, of which saline is an example of).
It would have been obvious to one or ordinary skill in the art to modify the system taught by Suzuki et al. to include the heat storage system as taught by Yang (see 20, fig. 1) in order to store and provide heat to the hydrogen generation system when there is not heat readily available, specifically in colder temperatures, (see Yang [0024]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent 11,309,553 newly cited, teaches a similar duct structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas P D'Aniello whose telephone number is (571)270-3635. The examiner can normally be reached Monday to Friday 9am to 5pm EST.
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/NICHOLAS P D'ANIELLO/ Primary Examiner, Art Unit 1723