Prosecution Insights
Last updated: July 17, 2026
Application No. 17/774,694

PROCESS AND APPARATUS FOR COMBUSTING HYDROGEN

Non-Final OA §103
Filed
May 05, 2022
Priority
Nov 05, 2019 — provisional 62/930,866 +2 more
Examiner
BARGERO, JOHN E
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Kleen Hy-Dro-Gen Inc.
OA Round
3 (Non-Final)
55%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allowance Rate
324 granted / 585 resolved
-14.6% vs TC avg
Strong +30% interview lift
Without
With
+30.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
43 currently pending
Career history
625
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
94.7%
+54.7% vs TC avg
§102
3.0%
-37.0% vs TC avg
§112
1.3%
-38.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 585 resolved cases

Office Action

§103
DETAILED ACTION 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/27/2026 has been entered. Response to Arguments Applicant’s arguments with respect to claim16,18 and 29-30 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. Allowable Subject Matter Claims 19, 21-22,24-25, and 31-47 are allowed. As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a). The following is a statement of reasons for the indication of allowable subject matter: The prior art, alone or in combination does not disclose the claimed air heating method or kit that generates hydrogen through electrolysis and combusts hydrogen with the generated oxygen and additional oxidants that have been combined with a venturi device. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Giacomini (US 2011/0183222) and Rusta-Salley et al. (US 2003/0207161). Regarding claim 16, Giacomini (G) discloses a process for heating ambient air, comprising: electrolyzing water (Abstract), with effect that gaseous molecular hydrogen is produced (via 12, Figure 1,[0028]); emplacing reaction zone material within a reaction zone (via 18), wherein the reaction zone material includes the produced gaseous molecular hydrogen and an oxidant; igniting the reaction zone material combined fluid material, with effect that the reaction zone material is converted to reaction products via a reactive process, such that a post-reactive process gaseous material is produced ([0029]); wherein: the reactive process includes combustion of the gaseous molecular hydrogen effected by the oxidant (catalytic combustion); the reaction products include water vapour (moist air); the reactive process produces heat energy which heats the post-reactive process gaseous material such that a heated post-reactive process gaseous material is produced for heating of ambient air ([0029], via radiant heat); and the heated post-reactive process gaseous material includes the reaction products; disposing the heated post-reactive process gaseous material in heat transfer communication with a heat exchanger (via 10 ), but does not disclose drawing air across the heat exchanger with a fan, with effect that the air is disposed in indirect heat transfer with the heated post-reactive process gaseous material via the heat exchanger for heating the air, and the heating of the air with the heated post-reactive process gaseous material via indirect heat transfer is with effect that the water vapour of the reaction products is condensed, such that liquid water is obtained; wherein the electrolyzing includes electrolyzing of the liquid water that is obtained from the condensing of the water vapour of the reaction products. However, Rusta-Salley (RS) disclose a hydrogen production system (Abstract) discloses drawing air across the heat exchanger with a fan (90, [0057] i.e., radiator which is an air cooled heat exchanger) with effect that the air is disposed in indirect heat transfer with the heated post-reactive process gaseous material via the heat exchanger for heating the air, and the heating of the air with the heated post-reactive process gaseous material via indirect heat transfer is with effect that the water vapour of the reaction products is condensed ([0058-0060]), such that liquid water is obtained; wherein the electrolyzing includes electrolyzing of the liquid water that is obtained from the condensing of the water vapour of the reaction products ([0064]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to combine the water recovery system of Rusta-Salley with the hydrogen burner of Giacomini because the resultant water is relatively pure and thus would increase the system’s efficiency by not having to remove as many impurities from the water before electrolysis as would be found in city water. Regarding claim 18, Giacomini (G), as modified, discloses the process of claim 16, wherein: the electrolyzing of the water is with additional effect that oxygen is produced (G-[0034]); and the oxidant includes the produced oxygen ([0059]). Claims 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Giacomini (US 2011/0183222), Rusta-Salley et al. (US 2003/0207161), and Boyle (US 2008/0302670). Regarding claim 29, Giacomini (G), as modified, disclose the process of claim 16, but not the step of transferring at least a portion of heat that is generated by the electrolyzing of the water to a heat sink ([0039]). However, Boyle (B) discloses a hydrogen generator (abstract) that transfers at least a portion of heat that is generated by the electrolyzing of the water to a heat sink ([0039]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to remove thermal energy from the electrolyzer in order to allow it to operate at higher amperages. Regarding claim 30, Giacomini (G), as modified, disclose the process of claim 29, wherein the heat sink includes a chiller ([0012]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN E BARGERO whose telephone number is (571) 270-1770. The examiner can normally be reached Monday-Friday. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOHN E BARGERO/Examiner, Art Unit 3762 *** /HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
Read full office action

Prosecution Timeline

Show 1 earlier event
May 05, 2022
Response after Non-Final Action
Mar 19, 2025
Non-Final Rejection mailed — §103
Jun 20, 2025
Response Filed
Oct 30, 2025
Final Rejection mailed — §103
Dec 26, 2025
Response after Non-Final Action
Feb 27, 2026
Request for Continued Examination
Mar 09, 2026
Response after Non-Final Action
May 19, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
55%
Grant Probability
86%
With Interview (+30.1%)
3y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 585 resolved cases by this examiner. Grant probability derived from career allowance rate.

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