DETAILED ACTION
Application Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is in response to Applicant’s submission dated 12/15/2025. Claim(s) 1–2, 5, 7–10, 13–14, & 19–30 are pending.
Election/Restrictions
Claims 1–2, 5, 7–10, 13–14, & 19–20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a non-elected invention, there being no allowable generic or linking claim at this time. Election was made without traverse in the reply filed on 12/15/2025.
Claim Objections
Claim 25 is objected to because of the following informalities: it appears the claim should read, in part, “…mixing the combustion exhaust with air having a temperature…”. Appropriate correction is required.
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.
Claims 21–22, 26–27, & 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 12,474,118 to Kloft et al.
With regard to claim 21, Kloft discloses a method for drying a material using hydrogen combustion exhaust (abstract), the method comprising: burning hydrogen to create combustion exhaust (Col. 9, lines 56–59); and contacting the material with the combustion exhaust (Col. 10, lines 48–52).
With regard to claim 22, Kloft further discloses generating the hydrogen prior to burning the hydrogen (Col. 9, lines 60–66; it is inherent that the hydrogen would have to be generated before it was burned because it could not be burned if it did not exist).
With regard to claim 26, Kloft further discloses condensing water in the combustion exhaust (Col. 9, lines 29–43).
With regard to claim 27, Kloft further discloses condensing water in the combustion exhaust occurs after contacting the material with the combustion exhaust (Fig. 1; Col. 9, lines 29–43).
With regard to claim 29, Kloft further discloses transferring heat generated by burning the hydrogen to a heat load (Col. 10, lines 13–22).
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 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.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Kloft in view of US 2021/0179471 to Ballantine.
Kloft fails to disclose generating the hydrogen comprises electrolyzing water in a proton exchange membrane electrolyzer. Ballantine teaches generating the hydrogen comprises electrolyzing water in a proton exchange membrane electrolyzer (¶ 0009). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the drying process of Kloft with the proton exchange membrane electrolyzer because such a combination would have been one of a limited number of types of electrolyzers from which to choose.
Claims 24–25 are rejected under 35 U.S.C. 103 as being unpatentable over Kloft in view of US 6,249,988 to Duske et al.
With regard to claim 24, Kloft fails to disclose cooling the combustion exhaust prior to contacting the material with the combustion exhaust. Duske teaches cooling the combustion exhaust prior to contacting the material with the combustion exhaust (Col. 2, lines 28–53). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the drying process of Kloft with the exhaust tempering of Duske because such a combination would have had the added benefit of providing the ideal drying temperature for the material being dried.
With regard to claim 25, Kloft as previously combined with Duske further discloses cooling the combustion exhaust comprises mixing the combustion exhaust [with] air having a temperature lower than the temperature of the combustion exhaust (Duske: Col. 2, lines 28–53).
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Kloft in view of US 2024/0266871 to Hüttl et al and Ballantine.
Kloft fails to disclose recycling the condensed water to a proton exchange membrane electrolyzer. Hüttl teaches recycling the condensed water to an electrolyzer (¶¶ 0011–012). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the drying process of Kloft with the condensate recycling of Hüttl because such a combination would have had the added benefit of reducing the demand for fresh water.
Ballantine teaches a proton exchange membrane electrolyzer (¶ 0009). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the drying process of Kloft with the proton exchange membrane electrolyzer because such a combination would have been one of a limited number of types of electrolyzers from which to choose.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Kloft in view of US 2012/0125062 to Blandy.
Kloft fails to disclose the heat load comprises a fertilizer processing plant. Blandy teaches supplying waste heat to a fertilizer processing plant (¶ 0048). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the drying method of Kloft with the fertilizer processing plant of Blandy because such a combination would have had the added benefit of utilizing heat for a beneficial purpose that would otherwise be wasted.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see attached PTO-892. Applicant is encouraged to review the cited references prior to submitting a response to this office action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J LAUX whose telephone number is (571)270-7619. The examiner can normally be reached 8:30-5:30 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571) 270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J LAUX/Primary Examiner, Art Unit 3762
January 9, 2026
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