Prosecution Insights
Last updated: April 19, 2026
Application No. 18/135,444

HYDROGEN GENERATION SYSTEM WITH MISSION CRITICAL CONTROL

Non-Final OA §103
Filed
Apr 17, 2023
Examiner
KEELING, ALEXANDER W
Art Unit
1795
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Ohmium International Inc.
OA Round
1 (Non-Final)
56%
Grant Probability
Moderate
1-2
OA Rounds
3y 4m
To Grant
95%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allow Rate
320 granted / 570 resolved
-8.9% vs TC avg
Strong +39% interview lift
Without
With
+38.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
56 currently pending
Career history
626
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
53.2%
+13.2% vs TC avg
§102
19.1%
-20.9% vs TC avg
§112
20.1%
-19.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 570 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. Claims 1-22 are pending and under consideration for this Office Action. 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) 1-3, 5-7, 12-14, and 19-22 is/are rejected under 35 U.S.C. 10 3 as being unpatentable over Chishima ( US 20210292665 A1 ) in view of McWhinney et al ( US 20090255826 A1 ). Claim 1 : Chishima discloses a hydrogen generation system (see e.g. Fig 1 and abstract) comprising: a hydrogen generator (see e.g. #60 on Fig 1 and [00 58 ]: “ The electrolysis unit 60, which is connected to the power generating unit 5, produces hydrogen from water by electrolysis using the power supplied from the power generating unit 5 ”) including: an ele ctrolysis unit producing hydrogen ( see e.g. [0058]: “ The electrolysis unit 60, which is connected to the power generating unit 5, produces hydrogen from water ) ; and a power source in electrical communication with the ele ctrolysis unit for receiving an input power signal (see e.g. [0058]: “ The electrolysis unit 60, which is connected to the power generating unit 5, produces hydrogen from water by electrolysis using the power supplied from the power generating unit 5”) from a plurality of input power sources, the plurality of power sources comprising at least a renewable energy source and a non-renewable energy source (see e.g. #5 and #8 on Fig 1; [0056]: “ The power generating unit 5 may include a wind power generating unit configured to generate electricity by wind power as renewable energy, a solar power generating unit configured to generate electricity from sunlight as renewable energy, or the like ”; [0058]: “T he electrolysis unit 60 is also connected to the commercial power grid 8. Thus, the electrolysis unit 60 can produce hydrogen using either or both of the power supplied from the power generating unit 5 and the power supplied through the commercial power grid 8 ”) ; and a control system (see e.g. #7 on Fig 1 and [0020]) comprising a processor and a non-transitory computer-readable medium encoded with instructions (computer, see e.g. [0061]: “ The control unit 7 is a computer ”) , which when executed by the processor, cause the processor to: determine a mission critical threshold value of a storage tank capacity (threshold of the “normal range” , see e.g. Fig 5 and [0070]) associated with a downstream receiver of generated hydrogen ( gasification furnace , see e.g. # 30 on Fig 1 ; [00 60 ] ; [0076] ) ; and control, based on a comparison of the mission critical threshold value to a current storage tank capacity measurement, the hydrogen generator (see e.g. #S1 and #S2 on Fig 4) to fill a storage tank with hydrogen by selecting the non-renewable energy source or the renewable energy source (see e.g. # S24 on Fig 7 and #S3 7 and #38 on Fig 9) . Chishima does not explicitly teach that the electrolysis unit is an electrochemical stack . Chishima does not provide much detail about what the electrolysis unit is (see e.g. [0058]) and therefore, a person having ordinary skill in the art before the effective filing date of the instant invention would be motivated to discover and use suitable electrolysis units. McWhinney teaches an electrolytic hydrogen generation system (see e.g. abstract) wherein the system is capable of choosing between non-renewable and renewable energy sources (see e.g. [0009] ) , making it analogous art (see MPEP § 2141.01(a)). McWhinney teaches that “ Multiple electrode modules and membrane modules can be combined to produce a multi-cell electrolyzer system ” (see e.g. [0008]) and provides a detailed description of these stacks (see e.g. [0034]). The inclusion of multiple modules would increase the throughput of the system. 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 apparatus of Chishima to use the electrolyzer stack described in Whinney . Claim 2 : Chishima in view of Whinney teaches that the instructions cause the processor to select the non-renewable energy source when the mission critical threshold value is greater than the current storage tank capacity measurement (see e.g. Chishima – [ 007 4 ] : “ When the result of determination in step S2 is YES, that is, when the amount of hydrogen remaining in the hydrogen tank 62 is less than the lower threshold, the control unit 7 performs a remaining amount increasing operation (see step S5), which will be described later with reference to FIG. 9 ”; [0113] : “As described above, the hydrogen production increasing control (steps S35 to S38) includes purchasing the power from the power company and increasing the amount of hydrogen produced by the electrolysis unit 60…while the amount of hydrogen remaining in the hydrogen tank 62 is increased” ) . Claim 3 : Chishima in view of Whinney teaches that the instructions cause the processor to select the renewable energy source when the mission critical threshold value is less than the current storage tank capacity measurement (see e.g. Chishima – [0073]: “ When the result of determination in step S1 is YES, that is, when the amount of hydrogen remaining in the hydrogen tank 62 is equal to or more than the upper threshold, the control unit 7 performs a remaining amount reducing operation ”; [0092]: “ the control unit 7 causes the power generating unit 5 to supply the power generated using renewable energy to the electrolysis unit 60”; [0093]: “while the amount of hydrogen remaining in the hydrogen tank 62 is reduced” ) . Claim 5 : Chishima in view of Whinney teaches that the renewable energy source comprises one of a solar panel array or a wind farm (see e.g. Chishima - [0056]: “ The power generating unit 5 may include a wind power generating unit configured to generate electricity by wind power as renewable energy, a solar power generating unit configured to generate electricity from sunlight as renewable energy, or the like ”). Claim 6 : Chishima in view of Whinney teaches that the non-renewable energy source comprises a power grid (see e.g. Chishima - [0056]: “ The power generating unit 5 is also connected to a commercial power grid 8”). Claim 7 : Chishima in view of Whinney teaches that the hydrogen generator further comprises a controller in communication with the power source to select the input power signal for the power source (see e.g. [0092]: “The control unit 7 causes the power generating unit 5 to supply the power generated using renewable energy to the electrolysis unit 60, causes the electrolysis unit 60 to produce hydrogen” and [011 1 ]: “ the control unit 7 causes the power through the commercial power grid 8 to be purchased from the power company and causes the electrolysis unit 60 to receive the purchased power” ) , the instructions further causing the processor to: transmit an instruction to the controller to select the input power signal for the power source based on the comparison of the mission critical threshold value to the current storage tank capacity measurement (see e.g. #S24 on Fig 7 and #S37 and #38 on Fig 9) . Claim 12 : Chishima discloses a method (see e.g. Fig 4 and [0086]) comprising: determining a mission critical threshold value (threshold of the “normal range”, see e.g. Fig 5 and [0070]) associated with a downstream receiver of hydrogen (gasification furnace, see e.g. #30 on Fig 1; [0060]; [0076]) generated by a hydrogen generator (see e.g. Fig 1 and abstract), the hydrogen generator comprising: an ele ctrolysis unit to generate hydrogen (see e.g. [0058]: “ The electrolysis unit 60, which is connected to the power generating unit 5, produces hydrogen from water ) ; a storage tank to store generated hydrogen (see e.g. #62 on Fig 1) ; and a power source in electrical communication with the ele ctrolysis unit to receive an input power signal (see e.g. [0058]: “ The electrolysis unit 60, which is connected to the power generating unit 5, produces hydrogen from water by electrolysis using the power supplied from the power generating unit 5”) from a plurality of input power sources, the plurality of input power sources comprising at least a renewable energy source and a non-renewable energy source (see e.g. #5 and #8 on Fig 1; [0056]: “ The power generating unit 5 may include a wind power generating unit configured to generate electricity by wind power as renewable energy, a solar power generating unit configured to generate electricity from sunlight as renewable energy, or the like ”; [0058]: “T he electrolysis unit 60 is also connected to the commercial power grid 8. Thus, the electrolysis unit 60 can produce hydrogen using either or both of the power supplied from the power generating unit 5 and the power supplied through the commercial power grid 8 ”) ; and selecting, based on a comparison of the mission critical threshold value to a current storage tank capacity measurement of the storage tank (see e.g. Fig 4 and [0086]) , the non-renewable energy source or the renewable energy source to fill a storage tank with hydrogen (see e.g. #S24 on Fig 7 and #S37 and #38 on Fig 9) . Chishima does not explicitly teach that the electrolysis unit is an electrochemical stack . Chishima does not provide much detail about what the electrolysis unit is (see e.g. [0058]) and therefore, a person having ordinary skill in the art before the effective filing date of the instant invention would be motivated to discover and use suitable electrolysis units. McWhinney teaches an electrolytic hydrogen generation system (see e.g. abstract) wherein the system is capable of choosing between non-renewable and renewable energy sources (see e.g. [0009]), making it analogous art (see MPEP § 2141.01(a)). McWhinney teaches that “ Multiple electrode modules and membrane modules can be combined to produce a multi-cell electrolyzer system ” (see e.g. [0008]) and provides a detailed description of these stacks (see e.g. [0034]). The inclusion of multiple modules would increase the throughput of the system. 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 apparatus of Chishima to use the electrolyzer stack described in Whinney . Claim 13 : Chishima in view of Whinney teaches that the instructions cause the processor to select the non-renewable energy source when the mission critical threshold value is greater than the current storage tank capacity measurement (see e.g. Chishima – [ 007 4 ]: “When the result of determination in step S2 is YES, that is, when the amount of hydrogen remaining in the hydrogen tank 62 is less than the lower threshold, the control unit 7 performs a remaining amount increasing operation (see step S5), which will be described later with reference to FIG. 9”; [0113]: “As described above, the hydrogen production increasing control (steps S35 to S38) includes purchasing the power from the power company and increasing the amount of hydrogen produced by the electrolysis unit 60…while the amount of hydrogen remaining in the hydrogen tank 62 is increased”) . Claim 14 : Chishima in view of Whinney teaches that the instructions cause the processor to select the renewable energy source when the mission critical threshold value is less than the current storage tank capacity measurement (see e.g. Chishima – [0073]: “ When the result of determination in step S1 is YES, that is, when the amount of hydrogen remaining in the hydrogen tank 62 is equal to or more than the upper threshold, the control unit 7 performs a remaining amount reducing operation ”; [0092]: “ the control unit 7 causes the power generating unit 5 to supply the power generated using renewable energy to the electrolysis unit 60”; [0093]: “while the amount of hydrogen remaining in the hydrogen tank 62 is reduced”) . Claim 19 : Chishima discloses a non-transitory computer-readable storage medium having computer-executable program instructions stored thereon (computer, see e.g. [0061]: “ The control unit 7 is a computer ”) that when executed by a processor, cause a computing device to perform: determining a mission critical threshold value determine a mission critical threshold value of a storage tank capacity (threshold of the “normal range”, see e.g. Fig 5 and [0070]) associated with a downstream receiver of hydrogen generated by a hydrogen generator (gasification furnace, see e.g. #30 on Fig 1; [0060]; [0076]), the hydrogen generator comprising: an ele ctrolysis unit to generate hydrogen hydrogen (see e.g. [0058]: “ The electrolysis unit 60, which is connected to the power generating unit 5, produces hydrogen from water ) ; a storage tank to store generated hydrogen (see e.g. #62 on Fig 1) ; and a power source in electrical communication with the ele ctrolysis unit to receive an input power signal (see e.g. [0058]: “ The electrolysis unit 60, which is connected to the power generating unit 5, produces hydrogen from water by electrolysis using the power supplied from the power generating unit 5”) from a plurality of input power sources, the plurality of input power sources comprising at least a renewable energy source and a non-renewable energy source (see e.g. #5 and #8 on Fig 1; [0056]: “ The power generating unit 5 may include a wind power generating unit configured to generate electricity by wind power as renewable energy, a solar power generating unit configured to generate electricity from sunlight as renewable energy, or the like ”; [0058]: “T he electrolysis unit 60 is also connected to the commercial power grid 8. Thus, the electrolysis unit 60 can produce hydrogen using either or both of the power supplied from the power generating unit 5 and the power supplied through the commercial power grid 8 ”) ; and transmitting, to the hydrogen generator, one or more instructions to: select, based on a comparison of the mission critical threshold value to a current storage tank capacity measurement of the storage tank (see e.g. Fig 4 and [0086]) , the non-renewable energy source or the renewable energy source to fill a storage tank with hydrogen (see e.g. #S24 on Fig 7 and #S37 and #38 on Fig 9) . Chishima does not explicitly teach that the electrolysis unit is an electrochemical stack . Chishima does not provide much detail about what the electrolysis unit is (see e.g. [0058]) and therefore, a person having ordinary skill in the art before the effective filing date of the instant invention would be motivated to discover and use suitable electrolysis units. McWhinney teaches an electrolytic hydrogen generation system (see e.g. abstract) wherein the system is capable of choosing between non-renewable and renewable energy sources (see e.g. [0009]), making it analogous art (see MPEP § 2141.01(a)). McWhinney teaches that “ Multiple electrode modules and membrane modules can be combined to produce a multi-cell electrolyzer system ” (see e.g. [0008]) and provides a detailed description of these stacks (see e.g. [0034] ). The inclusion of multiple modules would increase the throughput of the system. 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 apparatus of Chishima to use the electrolyzer stack described in Whinney . Claim 20 : Chishima in view of Whinney teaches that the instructions cause the processor to select the non-renewable energy source when the mission critical threshold value is greater than the current storage tank capacity measurement (see e.g. Chishima – [ 007 4 ]: “When the result of determination in step S2 is YES, that is, when the amount of hydrogen remaining in the hydrogen tank 62 is less than the lower threshold, the control unit 7 performs a remaining amount increasing operation (see step S5), which will be described later with reference to FIG. 9”; [0113]: “As described above, the hydrogen production increasing control (steps S35 to S38) includes purchasing the power from the power company and increasing the amount of hydrogen produced by the electrolysis unit 60…while the amount of hydrogen remaining in the hydrogen tank 62 is increased”) . Claim 21 : Chishima in view of Whinney teaches that the instructions cause the processor to select the renewable energy source when the mission critical threshold value is less than the current storage tank capacity measurement (see e.g. Chishima – [0073]: “ When the result of determination in step S 1 is YES, that is, when the amount of hydrogen remaining in the hydrogen tank 62 is equal to or more than the upper threshold, the control unit 7 performs a remaining amount reducing operation ”; [0092]: “ the control unit 7 causes the power generating unit 5 to supply the power generated using renewable energy to the electrolysis unit 60”; [0093]: “while the amount of hydrogen remaining in the hydrogen tank 62 is reduced”) . Claim 22 : Chishima in view of Whinney teaches that the renewable energy source comprises one of a solar panel array or a wind farm (see e.g. Chishima - [0056]: “ The power generating unit 5 may include a wind power generating unit configured to generate electricity by wind power as renewable energy, a solar power generating unit configured to generate electricity from sunlight as renewable energy, or the like ”). Claim(s) 4, 8-11, and 15-18 is/are rejected under 35 U.S.C. 10 3 as being unpatentable over Chishima in view of McWhinney as applied to claim s 1 and 3 above, and in further view of Allo ( US 20210104764 A1 ). Claim 4 : Chishima in view of Whinney does not explicitly teach that the instructions further causing the processor to: analyze a database of weather information associated with a location of the renewable energy source to determine an availability of the renewable energy source to fill the storage tank with hydrogen. Allo teaches an electrolytic hydrogen generation system (see e.g. abstract) wherein the system is capable of choosing between non-renewable and renewable energy sources (see e.g. [0047]), making it analogous art ( see MPEP § 2141.01(a)). Allo teaches the following on [00 38 ] , [ 0065 ] , and [0111] : The controller performs various functions including monitoring load needs over time, adjusting the rate of operation of the various elements to meet both the current and anticipated future needs of the system, and, as required, switching in or out the application of other sources of electrical power, including an available public utility grid, a local generator, etc. Still other information can be supplied as desired, such as the status of solar panels, weather forecast information, etc. The controller is adaptive and can utilize outside information to help predict and adaptively configure the system As discussed above, this parametric value can include any number of different types of factors, or combination thereof, including but not limited to: detection of a grid failure, detection of the time of day (e.g., evening so no solar will be available for the next several hours), a change in time at which it is more advantageous to commence generation of electrical power, a sensing of a storage level of the tank(s), an indication regarding future opportunities to generate power locally using a renewable source (e.g., a weather report, etc.), an anticipated change in future loading (either reduced or greater load), or any other value generated by or supplied to the system indicative that a change would be advantageous. It will be appreciated that the aforementioned knowledge base can be utilized to select appropriate times to switch over, and that these inputs can be supplied locally or via a remote server as required. 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 apparatus of Chishima so that the instructions further causing the processor to: analyze a database of weather information associated with a location of the renewable energy source to determine an availability of the renewable energy source to fill the storage tank with hydrogen as taught in Allo to ensure power is available to generate hydrogen based on the weather and availability of the renewable power sources. Claim 8 : The instant specification describes the receiver network as follows on [0032] of the instant PGPub: The receiver network 116 generally allows receivers or users to share information or data with the control system 102 and/or controller 114. For example, the receiver network 116 may receive a request for hydrogen from a system or user associated with a downstream receiver 112. A request module of the receiver network 116 may generate and send a request to the control system 102 activate the electrolyzer 108 of the hydrogen generator 106 to generate hydrogen for the downstream receiver. The receiver network 116 may also include one or more databases storing information associated with the request and receipt of hydrogen from the hydrogen generator 106, such as a client name, the number of electrochemical stacks the customer is currently associated with, and current and past requests for hydrogen, including an amount requested, the date, and the time. Such information may also be maintained by the control system 102 for one or many downstream receivers 112. In other examples, hydrogen requests may be automated by the receiver network 116 and transmitted to the control system 102 either periodically or a periodically , such as in response to one or more operating conditions of the downstream receiver 112. Communication between the receiver network 116 and the control system 102 is discussed in more detail below . Chishima in view of Whinney does not explicitly teach that the mission critical threshold value is received at the control system from a receiver network associated with the downstream receiver. Allo teaches an electrolytic hydrogen generation system (see e.g. abstract) wherein the system is capable of choosing between non-renewable and renewable energy sources (see e.g. [0047]), making it analogous art (see MPEP § 2141.01(a)). Allo teaches that the system can further include a receiver network (see e.g. #332 and #334 on Fig 16) connected to the downstream receiver (see e.g. [0101]). The network allows operational data sets to be stored in “ knowledge database that can be used to help reprogram, upgrade or otherwise configure the system on the fly as required ” (see e.g. [0066]) and can perform “ analysis of the data using an analysis engine ” (see e.g. [0102]) for “ improved performance [that] can be obtained over time, including anonymous information based on information gleaned from other users of similar systems ” (see e.g. [0103]). 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 apparatus of Chishima to receive the mission critical threshold value from a receiver network associated with the downstream receiver because Allo teaches that these networks can store operational data in knowledge database that can be used to improve performance of the apparatus. Claim 9 : Chishima in view of Whinney does not explicitly teach that the mission critical threshold value is derived from a historical data associated with the downstream receiver. Allo teaches an electrolytic hydrogen generation system (see e.g. abstract) wherein the system is capable of choosing between non-renewable and renewable energy sources (see e.g. [0047]), making it analogous art (see MPEP § 2141.01(a)). Allo teaches that the system can further include a network (see e.g. #332 and #334 on Fig 16) that accumulates a history log (see e.g. [0064]) and can be used to perform “ analysis of the data using an analysis engine ” (see e.g. [0102]) for “ improved performance [that] can be obtained over time, including anonymous information based on information gleaned from other users of similar systems ” (see e.g. [0103]). 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 apparatus of Chishima so that the mission critical threshold value is derived from a historical data associated with the downstream receiver because Allo teaches that the history logs can be used to improve performance of the apparatus. Claim 10 : Chishima in view of Whinney and Allo teaches that deriving the mission critical threshold value is based at least on a received minimum requirement of hydrogen for the downstream receiver (see e.g. Chishima - Fig 5) . Claim 11 : Chishima in view of Whinney does not explicitly teach that the current storage tank capacity measurement is obtained from a database of the control system and based on a measurement of the storage tank in response to a request for hydrogen received from a receiver network associated with the downstream receiver. Allo teaches an electrolytic hydrogen generation system (see e.g. abstract) wherein the system is capable of choosing between non-renewable and renewable energy sources (see e.g. [0047]), making it analogous art (see MPEP § 2141.01(a)). Allo teaches that the system can further include a receiver network (see e.g. #332 and #334 on Fig 16) connected to the downstream receiver (see e.g. [0101]). The network allows operational data sets to be stored in “ knowledge database that can be used to help reprogram, upgrade or otherwise configure the system on the fly as required ” (see e.g. [0066]) and can perform “ analysis of the data using an analysis engine ” (see e.g. [0102]) for “ improved performance [that] can be obtained over time, including anonymous information based on information gleaned from other users of similar systems … As before, it is contemplated the local controller 336 can also have the requisite functionality to automate and optimize the operation of the syste m ” (see e.g. [0103]). 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 apparatus of Chishima so that the current storage tank capacity measurement is obtained from a database of the control system and based on a measurement of the storage tank in response to a request for hydrogen received from a receiver network associated with the downstream receiver because Allo teaches that these networks can store the operational data in knowledge database that can be used to improve performance of the apparatus. Claim 15 : Chishima in view of Whinney does not explicitly teach that the instructions further causing the processor to: analyze a database of weather information associated with a location of the renewable energy source to determine an availability of the renewable energy source to fill the storage tank with hydrogen. Allo teaches an electrolytic hydrogen generation system (see e.g. abstract) wherein the system is capable of choosing between non-renewable and renewable energy sources (see e.g. [0047]), making it analogous art (see MPEP § 2141.01(a)). Allo teaches the following on [0038], [0065], and [0111]: The controller performs various functions including monitoring load needs over time, adjusting the rate of operation of the various elements to meet both the current and anticipated future needs of the system, and, as required, switching in or out the application of other sources of electrical power, including an available public utility grid, a local generator, etc. Still other information can be supplied as desired, such as the status of solar panels, weather forecast information, etc. The controller is adaptive and can utilize outside information to help predict and adaptively configure the system As discussed above, this parametric value can include any number of different types of factors, or combination thereof, including but not limited to: detection of a grid failure, detection of the time of day (e.g., evening so no solar will be available for the next several hours), a change in time at which it is more advantageous to commence generation of electrical power, a sensing of a storage level of the tank(s), an indication regarding future opportunities to generate power locally using a renewable source (e.g., a weather report, etc.), an anticipated change in future loading (either reduced or greater load), or any other value generated by or supplied to the system indicative that a change would be advantageous. It will be appreciated that the aforementioned knowledge base can be utilized to select appropriate times to switch over, and that these inputs can be supplied locally or via a remote server as required. 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 apparatus of Chishima so that the instructions further causing the processor to: analyze a database of weather information associated with a location of the renewable energy source to determine an availability of the renewable energy source to fill the storage tank with hydrogen as taught in Allo to ensure power is available to generate hydrogen based on the weather and availability of the renewable power sources. Claim 16 : The instant specification describes the receiver network as follows on [0032] of the instant PGPub: The receiver network 116 generally allows receivers or users to share information or data with the control system 102 and/or controller 114. For example, the receiver network 116 may receive a request for hydrogen from a system or user associated with a downstream receiver 112. A request module of the receiver network 116 may generate and send a request to the control system 102 activate the electrolyzer 108 of the hydrogen generator 106 to generate hydrogen for the downstream receiver. The receiver network 116 may also include one or more databases storing information associated with the request and receipt of hydrogen from the hydrogen generator 106, such as a client name, the number of electrochemical stacks the customer is currently associated with, and current and past requests for hydrogen, including an amount requested, the date, and the time. Such information may also be maintained by the control system 102 for one or many downstream receivers 112. In other examples, hydrogen requests may be automated by the receiver network 116 and transmitted to the control system 102 either periodically or a periodically , such as in response to one or more operating conditions of the downstream receiver 112. Communication between the receiver network 116 and the control system 102 is discussed in more detail below . Chishima in view of Whinney does not explicitly teach that the mission critical threshold value is received at the control system from a receiver network associated with the downstream receiver. Allo teaches an electrolytic hydrogen generation system (see e.g. abstract) wherein the system is capable of choosing between non-renewable and renewable energy sources (see e.g. [0047]), making it analogous art (see MPEP § 2141.01(a)). Allo teaches that the system can further include a receiver network (see e.g. #332 and #334 on Fig 16) connected to the downstream receiver (see e.g. [0101]). The network allows operational data sets to be stored in “ knowledge database that can be used to help reprogram, upgrade or otherwise configure the system on the fly as required ” (see e.g. [0066]) and can perform “ analysis of the data using an analysis engine ” (see e.g. [0102]) for “ improved performance [that] can be obtained over time, including anonymous information based on information gleaned from other users of similar systems ” (see e.g. [0103]). 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 apparatus of Chishima to receive the mission critical threshold value from a receiver network associated with the downstream receiver because Allo teaches that these networks can store operational data in knowledge database that can be used to improve performance of the apparatus. Claim 17 : Chishima in view of Whinney does not explicitly teach that the mission critical threshold value is derived from a historical data associated with the downstream receiver. Allo teaches an electrolytic hydrogen generation system (see e.g. abstract) wherein the system is capable of choosing between non-renewable and renewable energy sources (see e.g. [0047]), making it analogous art (see MPEP § 2141.01(a)). Allo teaches that the system can further include a network (see e.g. #332 and #334 on Fig 16) that accumulates a history log (see e.g. [0064]) and can be used to perform “ analysis of the data using an analysis engine ” (see e.g. [0102]) for “ improved performance [that] can be obtained over time, including anonymous information based on information gleaned from other users of similar systems ” (see e.g. [0103]). 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 apparatus of Chishima so that the mission critical threshold value is derived from a historical data associated with the downstream receiver because Allo teaches that the history logs can be used to improve performance of the apparatus. Claim 18 : Chishima in view of Whinney does not explicitly teach that the current storage tank capacity measurement is obtained from a database of the control system and based on a measurement of the storage tank in response to a request for hydrogen received from a receiver network associated with the downstream receiver. Allo teaches an electrolytic hydrogen generation system (see e.g. abstract) wherein the system is capable of choosing between non-renewable and renewable energy sources (see e.g. [0047]), making it analogous art (see MPEP § 2141.01(a)). Allo teaches that the system can further include a receiver network (see e.g. #332 and #334 on Fig 16) connected to the downstream receiver (see e.g. [0101]). The network allows operational data sets to be stored in “ knowledge database that can be used to help reprogram, upgrade or otherwise configure the system on the fly as required ” (see e.g. [0066]) and can perform “ analysis of the data using an analysis engine ” (see e.g. [0102]) for “ improved performance [that] can be obtained over time, including anonymous information based on information gleaned from other users of similar systems … As before, it is contemplated the local controller 336 can also have the requisite functionality to automate and optimize the operation of the syste m” (see e.g. [0103]). 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 apparatus of Chishima so that the current storage tank capacity measurement is obtained from a database of the control system and based on a measurement of the storage tank in response to a request for hydrogen received from a receiver network associated with the downstream receiver because Allo teaches that these networks can store the operational data in knowledge database that can be used to improve performance of the apparatus. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ALEXANDER W KEELING whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-9961 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 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, FILLIN "SPE Name?" \* MERGEFORMAT Luan Van can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-8521 . 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. /ALEXANDER W KEELING/ Primary Examiner, Art Unit 1795
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Prosecution Timeline

Apr 17, 2023
Application Filed
Dec 17, 2025
Non-Final Rejection — §103 (current)

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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
56%
Grant Probability
95%
With Interview (+38.8%)
3y 4m
Median Time to Grant
Low
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