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 .
Claims 1-11 are pending and under consideration for this Office Action.
Claim Objections
Claim 1 is objected to because of the following informalities:
The limitation “the plurality of solar collectors (205) configured to be installed in columns in any direction but always facing toward sun in mid-day for any location on Earth (South or North) managing columns to columns gap equal to total width of panels at single arm on pole” is a run on sentence.
“total width of panels” is missing an article in front.
Claim 10 is objected to because of the following informalities:
The preamble should read “A method”, not “The method”.
Step g claiming “compressor” should read “a compressor”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1: It is unclear what “the plurality of solar collectors (205) configured to be installed in columns in any direction but always facing toward sun in mid-day for any location on Earth (South or North) managing columns to columns gap equal to total width of panels at single arm on pole” means. Specifically, “Earth (South or North)” makes it sound like there are two types Earth. Additionally, is unclear what the columns to columns gap is and how what “managing” means if these are “installed”, which seems to imply they are stationary. “total width of panels” is also an unclear term.
Claim 6: The limitation "the sprinkler" has insufficient antecedent basis in the claim.
Claim 10: “The warm distilled water” in the limitation claiming “l. draining the warm distilled water generated in the fuel cells due to electrochemical process to the water tank” has insufficient antecedent basis in the claim.
Any claims dependent on the above claims are rejected for their dependence.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2, 5, 7, 8, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ballantine et al (US 20210156039 A1) in view of Ishihara et al (US 20170207745 A1) and Greenwood (“Panel row spacing, the space race”, August 2020).
Claim 1: Ballantine discloses a system for producing hydrogen (see e.g. abstract) from solar energy (see e.g. [0021]) comprising:
i. a solar energy capturing system producing electrical energy (see e.g. [0021]; #120 on Fig 1A);
ii. a power distribution and management panel (PDMP) for distribution of electrical energy (controller, see e.g. #142 on Fig 1A).
iii. a DC to AC inverter converting direct current power supply received from PDMP and transferring alternating current supply to transformer ([0023]: “the circuitry 126 may include an inverter which converts AC power to DC power”);
iv. a transformer modulating the received power supply (see e.g. [0022]: “The circuitry 126 may include, for example, any one or more of various different rectifiers and/or transformers useful for changing power formats according to any one or more of various different well-known techniques”; [0023]: “an AC connection to a transformer (e.g., a step-up, step-down, zig-zag, other isolation creating transformer) or inverter output or rotating generator output”);
v. a grid supply supplying power to the residential or commercial sector (see e.g. [0020]: “For example, the power source 120 may include multiple types of electricity generators that may be advantageously operated in parallel and/or individually at different times of the day. For example, in certain installations, the power source 120 may include the electrical grid”);
vi. a DC to DC inverter converting the power supply received from PDMP for supplying to an electrolyser (see e.g. [0023]: “a DC/DC converter which controls the flow of the rectified DC power to the electrolyzer”);
vii. the electrolyser producing oxygen and hydrogen through electrolysis (see e.g. #108 on Fig 1A; [0029]);
ix. an hydrogen storage tank storing hydrogen generated by electrolyser (see e.g. #118 on Fig 1A; [0018]);
x. a fuel cells generating electricity through electrochemical process (see e.g. [0031]: “the auxiliary power source 123 may include a fuel cell in fluid communication with the storage module 118 to receive hydrogen used to power the fuel cell”);
xi. a fuel cells power panel supplying electricity to the PDMP (see e.g. [0031]); and
xii. a monitoring and control system for distribution of hydrogen (see e.g. [0039]);
wherein iii. the solar energy capturing system is configured to supply an amount of generated electricity to the electrolyser for producing hydrogen and simultaneously transferring surplus energy on demand (see e.g. [0031]).
Ballantine does not explicitly teach viii. an oxygen storage tank storing oxygen generated by electrolyser but does teach that oxygen can be used downstream (see e.g. [0040]) and that the system can include a fuel cell (see e.g. [0031]). Ishihara teaches a system for producing hydrogen (see e.g. abstract) making it analogous art (see MPEP § 2141.01(a)I). The system of Ishihara includes oxygen and hydrogen storage tanks for use in a fuel cell (see e.g. [0022]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system of Ballantine to further include the oxygen storage tank storing oxygen generated by electrolyser taught in Ishihara so that the oxygen and can be stored for use with the fuel cell later.
Ballantine does not explicitly teach xiii. an Electric Road Network supplying power to electric vehicles. Ballantine teaches the hydrogen generated by the electrolyzer can be used downstream in other processes (see e.g. [0040], as well as used for generating electricity in a fuel cell (see e.g. [0031]). Ishihara teaches a system for producing hydrogen (see e.g. abstract) making it analogous art (see MPEP § 2141.01(a)I). The system of Ishihara includes an Electric Road Network (see e.g. [0049]) that supplies electricity and hydrogen to power electric vehicles (see e.g. [0050]; [0059]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system of Ballantine to further include the an Electric Road Network supplying power to electric vehicles as taught in Ishihara because both the electric and hydrogen vehicle can make use of the hydrogen and electricity generated by the system of Ballantine. The fuel cells in the system of Ballantine in view of Ishiawara would be iv. configured to generate energy from hydrogen for distribution to Electric Road Network on demand (see e.g. Ballantine - [0031]; Ishihara – [0060]).
Ballantine does not explicitly teach that i. the solar energy capturing system configured to generate solar energy comprises at least one pole, at least one pole top, a top horizontal beam mounted on the pole, at least one panel support frame, and a plurality of solar collector; ii. the plurality of solar collectors configured to be installed in columns in any direction but always facing toward sun in mid-day for any location on Earth (South or North) managing columns to columns gap equal to total width of panels at single arm on pole.
Ishihara teaches a system for producing hydrogen (see e.g. abstract) making it analogous art (see MPEP § 2141.01(a)I). The system of Ishihara includes a solar energy capturing system configured to generate solar energy (see e.g. Fig 2) that comprises at least one pole, at least one pole top, a top horizontal beam mounted on the pole, at least one panel support frame (see annotated Fig 1 below), and a plurality of solar collector (see e.g. #1A and #1B on Fig 1; Fig 2); ii. the plurality of solar collectors configured to be installed in columns in any direction but always facing toward sun in mid-day for any location on Earth (see e.g. [0044]).
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Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system of Ballantine to include the solar energy capturing system taught in Ishihara because the solar energy system of Ishihara can track the sun and is capable of converting visible light into electricity and infrared light into heat (see e.g. [0003]).
Ballantine in view of Ishihara does not explicitly teach managing a columns to columns gap equal to total width of panels at single arm on pole. However, it is known in the art that the spacing between panels is important to ensure each panel is receiving sunlight and none create shading for the other panels (see e.g. Greenwood). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system of Ballantine in view of Ishihara such that the ideal columns to columns gap is calculated and managed to ensure proper sunlight is being absorbed by each panel.
Claim 2: Ballantine in view of Ishihara and Greenwood teaches that the panel support frame is positioned on the top of the pol pivoted by the pole top in between and connected on the edges with the horizontal beam to support at least one solar collector oriented in energy capturing position (see e.g. annotated Fig 1 of Ishihara above).
Claim 5: Ballantine in view of Ishihara and Greenwood teaches that the one pole top is mounted on the top of the pole (see e.g. annotated Fig 1 of Ishihara above).
Claim 7: Ballantine in view of Ishihara and Greenwood teaches that the pole and the top horizontal beam provides support for electrical connectivity to the solar collector (see e.g. Ishihara – #19 on Fig 3).
Claim 8: Ballantine in view of Ishihara and Greenwood teaches that the solar energy capturing system supplies power to electrolyser via power distribution and management panel (see e.g. Ballantine – [0026]) for electrolysis of water to produce hydrogen (see e.g. Ballantine - [0029]).
Claim 9: Ballantine in view of Ishihara and Greenwood teaches that the fuel cells are connected with fuel cells power panel for distribution of generated electricity (see e.g. Ballantine – [0031]).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ballantine in view of Ishihara and Greenwood as applied to claim 2 above, and in further view of Noble et al (US 20090229200 A1).
Claim 3: Ballantine in view of Ishihara and Greenwood does not explicitly teach that the poles are conical in shape and having Base Diameter and Top Diameter. Noble teaches a photovoltaic device for harvesting solar energy (see e.g. abstract), making it analogous art (see MPEP § 2141.01(a)I). Noble teaches a variety of suitable shapes for the pole (“base”), including a cone (see e.g. [0020]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system of Ballantine in view of Ishihara so that the pole has a conical shape as taught in Noble as a matter of design choice because Noble teaches a cone is a suitable shape for the base. The shape of the base would not meaningfully change the way the system operates.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ballantine in view of Ishihara and Greenwood as applied to claim 2 above, and in further view of Baek (KR 102112341 B1, Google Patent translation used for citations).
Claim 4: Ballantine in view of Ishihara and Greenwood does not explicitly teach a plurality of LEDs is mounted on the back side of solar collector to provide illuminance to the plants nearby. Baek teaches a photovoltaic device for harvesting solar energy (see e.g. abstract), making it analogous art (see MPEP § 2141.01(a)I). The device of Baek incorporates LEDs mounted on the back (see e.g. #32 and #43 on the Figures) for providing illuminance to the plants nearby (see e.g. abstract; page 7, paragraph starting with “The growth” and “Red”). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system of Ballantine in view of Ishihara to incorporate a plurality of LEDs is mounted on the back side of solar collector as taught in Baek to provide illuminance to the plants nearby.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ballantine in view of Ishihara and Greenwood as applied to claim 2 above, and in further view of Han (KR 20140030645 A, Google Patent translation used for citations).
Claim 6: Ballantine in view of Ishihara and Greenwood does not explicitly teach a water sprinkler is mounted on the top pole to sprinkle water on solar collector and plants nearby. Han teaches a photovoltaic device for harvesting solar energy (see e.g. abstract), making it analogous art (see MPEP § 2141.01(a)I). The device of Han incorporates a water sprinkler mounter on the top pole (see e.g. #24 and #26 on Fig 1) that waters plants below the cell and cleans the solar collectors (see e.g. page 4, paragraph starting with “In addition, according to the present invention, sprinkler 24 and 26”). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system of Ballantine in view of Ishihara to incorporate a water sprinkler is mounted on the top pole to water plants below and clean the solar collector.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ballantine in view of Ishihara and Greenwood as applied to claim 1 above, and in further view of Mermelstein (US 20160377342 A1).
Claim 10: Ballantine in view of Ishihara and Greenwood teaches a method for distribution of energy via the system as claimed in claim 1 comprises the following steps:
a. generation of electricity through solar collector/solar panels (see e.g. Ballantine – [0021]);
b. supplying the energy generated through solar panel to power distribution pane (see e.g. Ballantine – [0022]);
d. distributing a part of generated supply to Electric Road Network as per the requirement of the site (see e.g. Ishihara - [0050]; [0059]);
e. distributing another part of generated electricity to electrolyser through DC/DC inverter (see e.g. Ballantine - [0023]: “a DC/DC converter which controls the flow of the rectified DC power to the electrolyzer”);
f. performing electrolysis of water for separation of oxygen and hydrogen (see e.g. Ballantine - [0029]);
g. supplying hydrogen gas obtained from electrolysis to hydrogen storage tank through compressor (see e.g. Ballantine - [0038]);
h. distributing hydrogen gas to various sectors as per the requirement (see e.g. Ballantine - [0040]);
i. distributing a part of generated hydrogen to hydrogen fuel cells (see e.g. Ballantine - [0031]);
j. combining hydrogen and oxygen (received from air) electrochemically in the fuel cells to generate electricity (see e.g. Ballantine - [0031]);
k. supplying the generated electricity to the electrical distribution panel for further distribution to various sectors as per requirement (see e.g. Ballantine – [0031]; Ishihara – [0060]);
m. purifying warm water before storing in water tank (see e.g. Ishihara - [0054]);
n. pumping the water through pump motor to electrolyser for electrolysis process (see e.g. Ishihara - [0054]; [0032]);
o. supplying oxygen gas obtained from electrolysis to oxygen storage tank through compressor (see e.g. Ishihara - [0022]); and
p. distributing oxygen gas to various sectors as per the requirement (see e.g. Ishihara - [0022]).
Ballantine in view of Ishihara and Greenwood does not explicitly teach c. distributing a part of generated supply to National Grid Supply for consumption in various residential or commercial sectors. As stated above, Ballantine in view of Ishihara and Greenwood teaches generating power from the solar cells and photovoltaic cells. Mermelstein teaches a system for producing hydrogen (see e.g. [0062]) making it analogous art (see MPEP § 2141.01(a)I). The system of Mermelstein includes a reversible fuel cell that can generate power to deliver to a grid for consumption when extra power is needed (see e.g. [0032]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the method of Ballantine in view of Ishihara and Greenwood to further include the step of distributing a part of generated supply to the grid as taught in Mermelstein to provide power if needed by the National Grid Supply connected in Ballantine in view of Ishihara and Greenwood.
Ballantine in view of Ishihara and Greenwood does not explicitly teach l. draining the warm distilled water generated in the fuel cells due to electrochemical process to the water tank. Mermelstein teaches a system for producing hydrogen (see e.g. [0062]) making it analogous art (see MPEP § 2141.01(a)I). The system of Mermelstein drains (see e.g. [0028]) the warm distilled water (the purified water in considered to equivalent to distilled water, see e.g. [0030]) generated in the fuel cells due to electrochemical process to the water tank (see e.g. [0029]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the method of Ballantine in view of Ishihara and Greenwood to include the step of draining the warm distilled water generated in the fuel cells due to electrochemical process to the water tank to prevent the build up of water in the cell and storing the water for use in the electrolysis process (see e.g. [0029]).
Claim 11: Ballantine in view of Ishihara, Greenwood, and Mermelstein teaches that the distribution of hydrogen fuel is directly connected to storage tank to nearest refueling station of a high hydrogen fuel consumer (see e.g. Ishihara – [0059])
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER W KEELING whose telephone number is (571)272-9961. The examiner can normally be reached 7:30 AM - 4:00 PM. 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, Luan Van can be reached at 571-272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER W KEELING/Primary Examiner, Art Unit 1795