Prosecution Insights
Last updated: July 17, 2026
Application No. 18/026,886

SYSTEM FOR H2 GENERATION AND CO2 CAPTURE

Non-Final OA §103
Filed
Mar 17, 2023
Priority
Sep 21, 2020 — EU 20306071.0 +1 more
Examiner
CHUNG, HOSUNG CHARLES
Art Unit
1794
Tech Center
1700 — Chemical & Materials Engineering
Assignee
TotalEnergies SE
OA Round
1 (Non-Final)
59%
Grant Probability
Moderate
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allowance Rate
283 granted / 478 resolved
-5.8% vs TC avg
Strong +38% interview lift
Without
With
+37.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
29 currently pending
Career history
505
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
87.0%
+47.0% vs TC avg
§102
1.1%
-38.9% vs TC avg
§112
5.3%
-34.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 478 resolved cases

Office Action

§103
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 . Election/Restrictions Applicant’s election without traverse of claims 1-7 in the reply filed on 4/14/2026 is acknowledged. It is noted that claims 8 and 10-13 cannot be rejoined while claim 1 is rejected. Claims 8-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), there being no allowable generic or linking claim. Election was made without traverse. Claim Rejections - 35 U.S.C. § 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 of this title, 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. Claims 1 and 5 are rejected under 35 U.S.C. § 103 as being unpatentable over Lee, KR 2013-0000534 A in view of Phillips, U.S. Patent App. Pub. No. 2017/0198401 A1. A machine translation was used for Lee. The body of the claim is generally written with parentheses following the limitations indicating the prior art’s teachings and/or examiner notes. 1. The following references render this claim obvious. I. Lee A device comprising: (i) an electrolysis cell (electrolysis unit 10; Lee [0025], fig. 1) comprising: (ia) a negative electrode compartment reducing water into dihydrogen (compartment with negative electrode 11; Lee [0025]-[0026], fig. 1) and (ib) a … flow compartment as a positive electrode compartment (positive electrode 12 which can be made from activated carbon powder forms a flow compartment; id.), wherein said electrolysis cell is in fluidic communication with a carbonation reactor (carbonate ion conversion unit 20 and carbonate conversion unit 30; Lee [0032]-[0036], figs. 1-2). II. Philips - Supercapacitive Lee is silent on supercapacitive. However, Applicant’s specification teaches that a supercapacitive electrode’s “capacity is directly proportional to the electrode surface area” and that it is typically 500-3000 m2/g. App. Spec. p. 6 ll. 24-27. Lee’s activated carbon must have some specific surface area. Phillps teaches that 500-3000 m2/g provides for practical hydrogen generation. Phillips [0302]-[0303], [0305]-[0307], [0324]. Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s electrode to have a specific surface area of 500-3000 m2/g to provide for practical hydrogen generation. Alternatively, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s electrode to have a specific surface area of 500-3000 m2/g to yield the predictable result of having a suitable specific surface area to electrolyze with. 5. The device of claim 1, wherein said positive electrode compartment and negative electrode compartment are separated by a membrane (double membrane 13). Lee [0027]-[0029], fig. 1. Claim 7 is rejected under 35 U.S.C. § 103 as being unpatentable over Lee in view of Phillips as applied to claim 1 previously, and further in view of Han et al., U.S. Patent App. Pub. No. 2020/0172394 A1 [hereinafter Han]. 7. The device of claim 1, wherein said device is powered by one or more photovoltaic cells. Lee is silent on this. However, Han teaches that solar cells can advantageously provide renewable energy for water electrolysis. Han [0027]-[0028]. Therefore, it would have been obvious with a reasonable expectation of success to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the aforementioned prior art’s device with Han’s solar cells to provide renewable energy for water electrolysis. Allowable Subject Matter Claims 2-4 and 6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Lee, KR 2013-0000534 A, is the closest prior art of record. Lee teaches: A device comprising: (i) an electrolysis cell (electrolysis unit 10; Lee [0025], fig. 1) comprising: (ia) a negative electrode compartment reducing water into dihydrogen (compartment with negative electrode 11; Lee [0025]-[0026], fig. 1) and (ib) a … flow compartment as a positive electrode compartment (positive electrode 12 which can be made from activated carbon powder; id.), wherein said electrolysis cell is in fluidic communication with a carbonation reactor (carbonate ion conversion unit 20 and carbonate conversion unit 30; Lee [0032]-[0036], figs. 1-2). However, Lee and the prior art of record do not teach: 2. The device of claim 1, wherein supercapacitive particles may flow through said positive electrode compartment from a first zone of discharged supercapacitive particles to a second zone of charged supercapacitive particles. 4. The device of claim 1, wherein said positive electrode compartment forms a supercapacitive suspension electrode. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hosung Chung whose telephone number is (571) 270-7578. The examiner can normally be reached Monday-Wednesday, 9 AM - 6 PM CT. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Lin can be reached on (571) 272-8902. 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. /HOSUNG CHUNG/Primary Examiner, Art Unit 1794
Read full office action

Prosecution Timeline

Mar 17, 2023
Application Filed
Jun 03, 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

1-2
Expected OA Rounds
59%
Grant Probability
97%
With Interview (+37.8%)
3y 0m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 478 resolved cases by this examiner. Grant probability derived from career allowance rate.

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