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 .
Response to Amendments
This is a final office action in response to applicant's arguments and remarks filed on 06/22/2026.
Status of Rejections
The objections to the specification and claims are withdrawn in view of applicant’s amendments.
The rejection(s) of claim(s) 9 and 19 is/are obviated by applicant’s cancellation.
The rejection of claim(s) 11-20 under 35 USC 112(b) is/are withdrawn in view of applicant’s amendment.
All other previous rejections are withdrawn in view of applicant’s amendments.
New grounds of rejection are necessitated by applicant’s amendments.
Claims 1-8, 10-18 and 20-21 are pending and under consideration for this Office Action.
Information Disclosure Statement
The information disclosure statement filed 01/29/2026 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. Specifically, no copy has been provided for foreign patent document CN 20200125483. It has been placed in the application file, but the aforementioned document has not been considered.
Claim Objections
Claims 1, 11 and 21 are objected to because of the following informalities:
In claim 1, line 12, “one or more one or more” should read “one or more
In claim 11, line 15, “one or more one or more” should read “one or more
In claim 21, line 14, “one or more one or more” should read “one or more .
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 1-8, 10, 14-18 and 20-21 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 recites the limitation "the selected power distribution" in line 14. There is insufficient antecedent basis for this limitation in the claim. The limitation of “selecting…a plurality of power distributions” is previously introduced in lines 9-11 of claim 1. It is there for unclear which singular “power distribution” is being referred to later in the claim. It is suggested that distinction be drawn between the individual power distribution devices, e.g. substations, transformers and/or power converters, as described in 0091 of the instant specification, and the overall collective power distribution configuration/module providing power to the electrochemical stack(s), as described in paragraphs 0049 and 0091 of the instant specification.
Claim 4 recites the limitation "the power distribution" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. The limitation of “selecting…a plurality of power distributions” is previously introduced in lines 9-11 of claim 1. It is there for unclear which singular “power distribution” is being referred to in claim 4. It is suggested that distinction be drawn between the individual power distribution devices, e.g. substations, transformers and/or power converters, as described in 0091 of the instant specification, and the overall collective power distribution configuration/module providing power to the electrochemical stack(s), as described in paragraphs 0049 and 0091 of the instant specification.
Claim 5 recites the limitation "the power distribution" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. The limitation of “selecting…a plurality of power distributions” is previously introduced in lines 9-11 of claim 1. It is there for unclear which singular “power distribution” is being referred to in claim 5. It is suggested that distinction be drawn between the individual power distribution devices, e.g. substations, transformers and/or power converters, as described in 0091 of the instant specification, and the overall collective power distribution configuration/module providing power to the electrochemical stack(s), as described in paragraphs 0049 and 0091 of the instant specification.
Claim 6 recites the limitation "the power distribution" in line 1. There is insufficient antecedent basis for this limitation in the claim. The limitation of “selecting…a plurality of power distributions” is previously introduced in lines 9-11 of claim 1. It is there for unclear which singular “power distribution” is being referred to in claim 6. It is suggested that distinction be drawn between the individual power distribution devices, e.g. substations, transformers and/or power converters, as described in 0091 of the instant specification, and the overall collective power distribution configuration/module providing power to the electrochemical stack(s), as described in paragraphs 0049 and 0091 of the instant specification.
Claim 7 recites the limitation "the power distribution" in lines 1-3. There is insufficient antecedent basis for this limitation in the claim. The limitation of “selecting…a plurality of power distributions” is previously introduced in lines 9-11 of claim 1. It is there for unclear which singular “power distribution” is being referred to in claim 7. It is suggested that distinction be drawn between the individual power distribution devices, e.g. substations, transformers and/or power converters, as described in 0091 of the instant specification, and the overall collective power distribution configuration/module providing power to the electrochemical stack(s), as described in paragraphs 0049 and 0091 of the instant specification.
Claim 8 recites the limitation "the power distribution" in lines 1-3. There is insufficient antecedent basis for this limitation in the claim. The limitation of “selecting…a plurality of power distributions” is previously introduced in lines 9-11 of claim 1. It is there for unclear which singular “power distribution” is being referred to in claim 8. It is suggested that distinction be drawn between the individual power distribution devices, e.g. substations, transformers and/or power converters, as described in 0091 of the instant specification, and the overall collective power distribution configuration/module providing power to the electrochemical stack(s), as described in paragraphs 0049 and 0091 of the instant specification.
Claim 10 recites the limitation "the power distribution" in line 3. There is insufficient antecedent basis for this limitation in the claim. The limitation of “selecting…a plurality of power distributions” is previously introduced in lines 9-11 of claim 1. It is there for unclear which singular “power distribution” is being referred to in claim 10. It is suggested that distinction be drawn between the individual power distribution devices, e.g. substations, transformers and/or power converters, as described in 0091 of the instant specification, and the overall collective power distribution configuration/module providing power to the electrochemical stack(s), as described in paragraphs 0049 and 0091 of the instant specification.
Claim 14 recites the limitation "the power distribution" in line 2. There is insufficient antecedent basis for this limitation in the claim. The limitation of “a plurality of power distributions” is previously introduced in line 14 of claim 11. It is there for unclear which singular “power distribution” is being referred to in claim 14. It is suggested that distinction be drawn between the individual power distribution devices, e.g. substations, transformers and/or power converters, as described in 0091 of the instant specification, and the overall collective power distribution configuration/module providing power to the electrochemical stack(s), as described in paragraphs 0049 and 0091 of the instant specification.
Claim 15 recites the limitation "the power distribution" in line 2. There is insufficient antecedent basis for this limitation in the claim. The limitation of “a plurality of power distributions” is previously introduced in line 14 of claim 11. It is there for unclear which singular “power distribution” is being referred to in claim 15. It is suggested that distinction be drawn between the individual power distribution devices, e.g. substations, transformers and/or power converters, as described in 0091 of the instant specification, and the overall collective power distribution configuration/module providing power to the electrochemical stack(s), as described in paragraphs 0049 and 0091 of the instant specification.
Claim 16 recites the limitation "the power distribution" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. The limitation of “a plurality of power distributions” is previously introduced in line 14 of claim 11. It is there for unclear which singular “power distribution” is being referred to in claim 16. It is suggested that distinction be drawn between the individual power distribution devices, e.g. substations, transformers and/or power converters, as described in 0091 of the instant specification, and the overall collective power distribution configuration/module providing power to the electrochemical stack(s), as described in paragraphs 0049 and 0091 of the instant specification.
Claim 17 recites the limitation "the power distribution" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. The limitation of “a plurality of power distributions” is previously introduced in line 14 of claim 11. It is there for unclear which singular “power distribution” is being referred to in claim 17. It is suggested that distinction be drawn between the individual power distribution devices, e.g. substations, transformers and/or power converters, as described in 0091 of the instant specification, and the overall collective power distribution configuration/module providing power to the electrochemical stack(s), as described in paragraphs 0049 and 0091 of the instant specification.
Claim 18 recites the limitation "the power distribution" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. The limitation of “a plurality of power distributions” is previously introduced in line 14 of claim 11. It is there for unclear which singular “power distribution” is being referred to in claim 18. It is suggested that distinction be drawn between the individual power distribution devices, e.g. substations, transformers and/or power converters, as described in 0091 of the instant specification, and the overall collective power distribution configuration/module providing power to the electrochemical stack(s), as described in paragraphs 0049 and 0091 of the instant specification.
Claim 20 recites the limitation "the power distribution" in line 4. There is insufficient antecedent basis for this limitation in the claim. The limitation of “a plurality of power distributions” is previously introduced in line 14 of claim 11. It is there for unclear which singular “power distribution” is being referred to in claim 20. It is suggested that distinction be drawn between the individual power distribution devices, e.g. substations, transformers and/or power converters, as described in 0091 of the instant specification, and the overall collective power distribution configuration/module providing power to the electrochemical stack(s), as described in paragraphs 0049 and 0091 of the instant specification.
Claim 21 recites the limitation "the selected power distribution" in line 16. There is insufficient antecedent basis for this limitation in the claim. The limitation of “selecting…a plurality of power distributions” is previously introduced in lines 11-13 of claim 21. It is there for unclear which singular “power distribution” is being referred to later in the claim. It is suggested that distinction be drawn between the individual power distribution devices, e.g. substations, transformers and/or power converters, as described in 0091 of the instant specification, and the overall collective power distribution configuration/module providing power to the electrochemical stack(s), as described in paragraphs 0049 and 0091 of the instant specification.
Any claims dependent on the above claim(s) are rejected for their dependence.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 6 and 16 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 6 describes selecting the power distribution for the set of electrochemical stacks comprises selecting one or more of a power converter, a transformer, and a substation. The limitation of “each power distribution of the plurality of power distributions including one or more…substations, transformers, or power converters” is previously introduced in lines 11-13 of claim 1, and claim 6 therefore fails to further limit claim 1 upon which it depends.
Claim 16 describes the power distribution comprises one or more of a power converter, a transformer, and a substation. The limitation of “each power distribution of the plurality of power distributions including one or more…substations, transformers, or power converters” is previously introduced in lines 14-16 of claim 11, and claim 16 therefore fails to further limit claim 11 upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1-4, 6-7, 10-14, 16-17 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Fairlie et al. (U.S. 2007/0179672) in view of Li et al. (CN 112217192 A, citations based on translation).
Regarding claim 1, Fairlie teaches a method for distributing power to a hydrogen generation system (see e.g. Paragraph 0026, lines 1-4, operation of energy distribution network for hydrogen production means), the hydrogen generation system including a plurality of electrochemical stacks (see e.g. Fig. 2, plurality of electrolysers 10, i.e. electrochemical stacks; Paragraph 0080, line 4), the method comprising:
receiving a hydrogen generation request including an amount of hydrogen to produce during a particular time interval (see e.g. Fig. 2, controller 14 receives demand D from users 16 including quantity of hydrogen requested and time to deliver the hydrogen; Paragraph 0080, lines 3-5, and Paragraph 0083, lines 1-4);
receiving status data regarding the plurality of electrochemical stacks (see e.g. Paragraph 0085, lines 1-3, controller receives status of all electrolysers on the network);
selecting a set of electrochemical stacks of the plurality of electrochemical stacks that can fulfill the hydrogen generation request based, at least in part, on the status data (see e.g. Paragraph 0086, Paragraph 0076, lines 5-11, and Paragraph 0088, lines 5-11, based on status of electrolysers, a number of electrolysers are modulated on or off to provide the minimum quantity of hydrogen to meet the user demand);
selecting a power distribution for the set of electrochemical stacks (see e.g. Paragraph 0084, controller determines nature and availability of electrical energy sources), wherein selecting the power distribution for the set of electrochemical stacks comprises balancing a power distribution load among a plurality of power distributions (see e.g. Fig. 2, electricity for electrolysers 10 may be provided from multiple primary energy resources P via a combination of electrical energy sources 2 depending on availability at lowest cost determined by controller 14; Paragraph 0071, lines 1-10, and Paragraphs 0084 and 0086); and
coupling the set of electrochemical sacks to the selected power distribution (see e.g. Paragraph 0081, lines 11-13, and Paragraphs 0086-0087, based on availability and nature of electrical source(s), controller secures electrical energy and applies it to the electrolysers).
Fairlie does not explicitly teach each power distribution of the plurality of power distributions including one or more substations, transformers or power converters.
Li teaches a DC-coupled photovoltaic hydrogen production system (see e.g. Paragraph 0002) wherein power output, i.e. power distribution, for an electrolysis device of the hydrogen production system is provided from multiple photovoltaic modules via multiple parallel power converters delivering equal voltages/currents, i.e. balancing the load therebetween (see e.g. Paragraph 0040, lines 1-6, and Paragraph 0073), such that even if one power converter fails, the system can still receive output from other connected power converters, increasing the reliability of the power distribution and redundancy of the system (see e.g. Paragraph 0040, lines 6-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plurality of power distributions of Fairlie to each include multiple parallel power converters through which equal voltages/currents are delivered, i.e. balancing the load therebetween, as taught by Li to increase the reliability of the power distribution and redundancy of the system by allowing the system to continue to receive power output from other connected power converters even if one power converter fails.
Regarding claim 2, modified Fairlie teaches receiving the status data including receiving an indication of which electrochemical stacks of the plurality of electrochemical stacks are active and a rate of hydrogen production for at least one active electrochemical stack of the plurality of electrochemical stacks (see e.g. Fairlie Paragraph 0085, lines 1-5, initial checks include current status of electrolyser, i.e. whether active, and % use of rated capacity, i.e. current rate of hydrogen production).
Regarding claim 3, modified Fairlie teaches selecting the set of electrochemical stacks comprising selecting the set of electrochemical stacks based on which electrochemical stacks of the plurality of electrochemical stacks are active and the rate of hydrogen production for the at least one active electrochemical stack of the plurality of electrochemical stacks (see e.g. Fairlie Paragraphs 0085-0086, controller initiates electrolysers to meet demand based on the determined initial status, including current active status and % use of rated capacity for hydrogen production as stated above).
Regarding claim 4, modified Fairlie teaches the status data including the power distribution for one or more of the plurality of electrochemical stacks (see e.g. Fairlie Paragraph 0084 and Paragraph 0085, lines 1-6, controller determines availability of electrical energy sources as well as electrical consumption of electrolysers), wherein selecting the set of electrochemical stacks comprises selecting an electrochemical stack that has a same power distribution as another selected electrochemical stack (see e.g. Fairlie Fig. 2, electrical energy from source 2 provided collectively to the plural electrolysers 10 via lead 18 under control of controller 14; Paragraph 0081, lines 5-7 and 11-15).
Regarding claim 6, Fairlie as modified by Li teaches selecting the power distribution for the set of electrochemical stacks comprising selecting a power converter (see e.g. Fairlie Fig. 6, rectifier 210 to convert ac signal input to desired dc signal output for electrolysers 10, Paragraph 0104, lines 4-6; see e.g. Li Paragraph 0073, DC/DC power converters in each connected power-optimized string for the hydrogen production system).
Regarding claim 7, modified Fairlie teaches selecting the power distribution for the set of electrochemical stacks comprising selecting the power distribution for one selected electrochemical stack that is the same as the power distribution of another selected electrochemical stack (see e.g. Fairlie Fig. 2, electrical energy from source 2 provided collectively to the plural electrolysers 10 via lead 18 under control of controller 14; Paragraph 0081, lines 5-7 and 11-15).
Regarding claim 10, modified Fairlie teaches receiving power distribution data including an indication of any power distributions that will be out of service during the particular time period (see e.g. Fairlie Paragraph 0084, lines 1-6, controller determines availability of electrical energy sources including amount of energy available and time availability of the energy, i.e. whether or not the energy source will be in or out of service in a particular time), wherein selecting the power distribution for the set of electrochemical stacks comprises excluding power distributions for selection that will be out of service during the particular time interval (see e.g. Fairlie Paragraphs 0086-0087, controller applying electrical energy from electrical sources to electrolysers based on availability of the electrical sources, i.e. only including those that are available within the time period).
Regarding claim 11, Fairlie teaches a system for distributing power to a hydrogen generation system (see e.g. Paragraph 0026, lines 1-4, energy distribution network for hydrogen production means), the hydrogen generation system including a plurality of electrochemical stacks (see e.g. Fig. 2, plurality of electrolysers 10, i.e. electrochemical stacks; Paragraph 0080, line 4), the system comprising:
a communication interface to receive a hydrogen generation request including an amount of hydrogen to produce during a particular time interval (see e.g. Fig. 2, controller 14 receives demand D from users 16 including quantity of hydrogen requested and time to deliver the hydrogen via data transmission system, i.e. communication interface; Paragraph 0080, lines 3-5, Paragraph 0082 and Paragraph 0083, lines 1-4);
a memory to store status data regarding the plurality of electrochemical stacks (see e.g. Fig. 2, data storage means 23 of controller 14 for taking and reading or adding data including determined status of all electrolysers 10 on the network; Paragraph 0081, lines 17-22, and Paragraph 0085, lines 1-3); and
one or more processors to select a set of electrochemical stacks of the plurality of electrochemical stacks that can fulfill the hydrogen generation request based, at least in part, on the status data (see e.g. Paragraphs 0022, 0083 and 0086, Paragraph 0076, lines 5-11, and Paragraph 0088, lines 5-11, controller or plurality of controllers including central processing means modulates on or off a number of electrolysers to provide the minimum quantity of hydrogen to meet the user demand based on status of electrolysers), wherein the processor is further to select a power distribution for the set of electrochemical stacks (see e.g. Paragraph 0084, controller determines nature and availability of electrical energy sources) and initiate coupling of the set of electrochemical stacks to the selected power distribution (see e.g. Paragraph 0081, lines 11-13, and Paragraphs 0086-0087, based on availability and nature of electrical source(s), controller secures electrical energy and applies it to the electrolysers), wherein selecting the power distribution for the set of electrochemical stacks comprises balancing a power distribution load among a plurality of power distributions (see e.g. Fig. 2, electricity for electrolysers 10 may be provided from multiple primary energy resources P via a combination of electrical energy sources 2 depending on availability at lowest cost determined by controller 14; Paragraph 0071, lines 1-10, and Paragraphs 0084 and 0086).
Fairlie does not explicitly teach each power distribution of the plurality of power distributions including one or more substations, transformers or power converters.
Li teaches a DC-coupled photovoltaic hydrogen production system (see e.g. Paragraph 0002) wherein power output, i.e. power distribution, for an electrolysis device of the hydrogen production system is provided from multiple photovoltaic modules via multiple parallel power converters delivering equal voltages/currents, i.e. balancing the load therebetween (see e.g. Paragraph 0040, lines 1-6, and Paragraph 0073), such that even if one power converter fails, the system can still receive output from other connected power converters, increasing the reliability of the power distribution and redundancy of the system (see e.g. Paragraph 0040, lines 6-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plurality of power distributions of Fairlie to each include multiple parallel power converters through which equal voltages/currents are delivered, i.e. balancing the load therebetween, as taught by Li to increase the reliability of the power distribution and redundancy of the system by allowing the system to continue to receive power output from other connected power converters even if one power converter fails.
Regarding claim 12, modified Fairlie teaches the status data including an indication of which electrochemical stacks of the plurality of electrochemical stacks are active and a rate of hydrogen production for at least one active electrochemical stack of the plurality of electrochemical stacks (see e.g. Fairlie Paragraph 0085, lines 1-5, initial checks include current status of electrolyser, i.e. whether active, and % use of rated capacity, i.e. current rate of hydrogen production).
Regarding claim 13, modified Fairlie teaches the one or more processors selecting the set of electrochemical stacks based on which electrochemical stacks of the plurality of electrochemical stacks are active and the rate of hydrogen production for the at least one active electrochemical stack of the plurality of electrochemical stacks (see e.g. Fairlie Paragraphs 0085-0086, controller initiates electrolysers to meet demand based on the determined initial status, including current active status and % use of rated capacity for hydrogen production as stated above).
Regarding claim 14, modified Fairlie teaches the status data including the power distribution for one or more of the plurality of electrochemical stacks (see e.g. Fairlie Paragraph 0084 and Paragraph 0085, lines 1-6, controller determines availability of electrical energy sources as well as electrical consumption of electrolysers), wherein the one or more processors are to select the set of electrochemical stacks comprises selecting an electrochemical stack that has a same power distribution as another selected electrochemical stack (see e.g. Fairlie Fig. 2, electrical energy from source 2 provided collectively to the plural electrolysers 10 via lead 18 under control of controller 14; Paragraph 0081, lines 5-7 and 11-15).
Regarding claim 16, Fairlie as modified by Li teaches the power distribution comprising a power converter (see e.g. Fairlie Fig. 6, rectifier 210 to convert ac signal input to desired dc signal output for electrolysers 10, Paragraph 0104, lines 4-6; see e.g. Li Paragraph 0073, DC/DC converters).
Regarding claim 17, modified Fairlie teaches the one or more processors selecting the power distribution for the set of electrochemical stacks comprising selecting the power distribution for one selected electrochemical stack that is the same as the power distribution of another selected electrochemical stack (see e.g. Fairlie Fig. 2, electrical energy from source 2 provided collectively to the plural electrolysers 10 via lead 18 under control of controller 14; Paragraph 0081, lines 5-7 and 11-15).
Regarding claim 20, modified Fairlie teaches the memory further storing receiving power distribution data including an indication of any power distributions that will be out of service during the particular time period (see e.g. Fairlie Paragraph 0081, lines 17-22, and Paragraph 0084, lines 1-6, data storage means of controller adding data including determined availability of electrical energy sources including amount of energy available and time availability of the energy, i.e. whether or not the energy source will be in or out of service in a particular time), wherein the one or more processors select the power distribution for the set of electrochemical stacks by excluding power distributions for selection that will be out of service during the particular time interval (see e.g. Fairlie Paragraphs 0086-0087, controller applying electrical energy from electrical sources to electrolysers based on availability of the electrical sources, i.e. only including those that are available within the time period).
Regarding claim 21, Fairlie teaches a non-transitory computer readable medium comprising program code that, when executed by one or more processors, cause the one or more processors to perform a method for distributing power to a hydrogen generation system (see e.g. Paragraphs 0022 and 0024, and Paragraph 0026, lines 1-4, controller including central processing means computing means and contained algorithm, i.e. via non-transitory computer readable medium, for operation of energy distribution network for hydrogen production means), the hydrogen generation system including a plurality of electrochemical stacks (see e.g. Fig. 2, plurality of electrolysers 10, i.e. electrochemical stacks; Paragraph 0080, line 4), the method comprising:
receiving a hydrogen generation request including an amount of hydrogen to produce during a particular time interval (see e.g. Fig. 2, controller 14 receives demand D from users 16 including quantity of hydrogen requested and time to deliver the hydrogen; Paragraph 0080, lines 3-5, and Paragraph 0083, lines 1-4);
receiving status data regarding the plurality of electrochemical stacks (see e.g. Paragraph 0085, lines 1-3, controller receives status of all electrolysers on the network);
selecting a set of electrochemical stacks of the plurality of electrochemical stacks that can fulfill the hydrogen generation request based, at least in part, on the status data (see e.g. Paragraph 0086, Paragraph 0076, lines 5-11, and Paragraph 0088, lines 5-11, based on status of electrolysers, a number of electrolysers are modulated on or off to provide the minimum quantity of hydrogen to meet the user demand);
selecting a power distribution for the set of electrochemical stacks (see e.g. Paragraph 0084, controller determines nature and availability of electrical energy sources), wherein selecting the power distribution for the set of electrochemical stacks comprises balancing a power distribution load among a plurality of power distributions (see e.g. Fig. 2, electricity for electrolysers 10 may be provided from multiple primary energy resources P via a combination of electrical energy sources 2 depending on availability at lowest cost determined by controller 14; Paragraph 0071, lines 1-10, and Paragraphs 0084 and 0086); and
coupling the set of electrochemical sacks to the selected power distribution (see e.g. Paragraph 0081, lines 11-13, and Paragraphs 0086-0087, based on availability and nature of electrical source(s), controller secures electrical energy and applies it to the electrolysers).
Fairlie does not explicitly teach each power distribution of the plurality of power distributions including one or more substations, transformers or power converters.
Li teaches a DC-coupled photovoltaic hydrogen production system (see e.g. Paragraph 0002) wherein power output, i.e. power distribution, for an electrolysis device of the hydrogen production system is provided from multiple photovoltaic modules via multiple parallel power converters delivering equal voltages/currents, i.e. balancing the load therebetween (see e.g. Paragraph 0040, lines 1-6, and Paragraph 0073), such that even if one power converter fails, the system can still receive output from other connected power converters, increasing the reliability of the power distribution and redundancy of the system (see e.g. Paragraph 0040, lines 6-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plurality of power distributions of Fairlie to each include multiple parallel power converters through which equal voltages/currents are delivered, i.e. balancing the load therebetween, as taught by Li to increase the reliability of the power distribution and redundancy of the system by allowing the system to continue to receive power output from other connected power converters even if one power converter fails.
Claims 5, 8, 15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Fairlie in view of Li, as applied to claims 1-2 and 11-12 above, and further in view of Gu et al. (U.S. 2023/0041986).
Regarding claim 5, modified Fairlie teaches all the elements of the method of claim 2 as stated above. Modified Fairlie further teaches the status data including the power distribution for one or more of the plurality of electrochemical stacks (see e.g. Fairlie Paragraph 0084 and Paragraph 0085, lines 1-6, controller determines availability of electrical energy sources as well as electrical consumption of electrolysers).
Modified Fairlie does not explicitly teach selecting the set of electrochemical stacks comprising selecting an electrochemical stack that has different power distribution as another selected electrochemical stack, but does however teach that power may be distributed from multiple primary energy sources and a combination of electrical energy sources (see e.g. Fairlie Paragraph 0071, lines 1-10, and Paragraphs 0084 and 0086).
Gu teaches a hydrogen production system (see e.g. Abstract) including a plurality of electrolyzers (see Fig. 1, multiple hydrogen production electrolyzer systems 20; Paragraph 0033, lines 1-6) and a plurality of renewable energy systems each with a power conversion system for outputting electrical energy to the electrolyzers (see e.g. Fig. 1, N renewable energy systems 103 with N conversion systems 102; see e.g. Paragraph 0036), wherein electrical energy supplied, i.e. power distribution, to one to-be-powered electrolyzer is independent of electrical energy supplied to another to-be-powered electrolyzer, thereby preventing mismatch of voltage/current between electrolyzers from affecting operation of the overall hydrogen production system and improving the reliability and safety of the hydrogen production system (see e.g. Paragraph 0018, lines 13-21, and Paragraph 0054, lines 7-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of modified Fairlie to comprise one selected electrochemical stack having an electrical energy supply, i.e. power distribution, independent/different from that of another selected electrochemical stack as taught by Gu to prevent mismatch of voltage/current between stacks from affecting operation of the overall hydrogen generation system and improve the reliability and safety of the hydrogen production system.
Regarding claim 8, modified Fairlie teaches all the elements of the method of claim 1 as stated above. Modified Fairlie does not explicitly teach selecting the power distribution for the set of electrochemical stacks comprising selecting the power distribution for one selected electrochemical stack that is different from the power distribution of another selected electrochemical stack, but does however teach that power may be distributed from multiple primary energy sources including renewable energy sources and a combination of electrical energy sources (see e.g. Fairlie Paragraph 0071, lines 1-10, and Paragraphs 0084 and 0086).
Gu teaches a hydrogen production system (see e.g. Abstract) including a plurality of electrolyzers (see Fig. 1, multiple hydrogen production electrolyzer systems 20; Paragraph 0033, lines 1-6) and a plurality of renewable energy systems each with a power conversion system for outputting electrical energy to the electrolyzers (see e.g. Fig. 1, N renewable energy systems 103 with N conversion systems 102; see e.g. Paragraph 0036), wherein electrical energy supplied, i.e. power distribution, to one to-be-powered electrolyzer is independent of electrical energy supplied to another to-be-powered electrolyzer, thereby preventing mismatch of voltage/current between electrolyzers from affecting operation of the overall hydrogen production system and improving the reliability and safety of the hydrogen production system (see e.g. Paragraph 0018, lines 13-21, and Paragraph 0054, lines 7-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of modified Fairlie to comprise selecting electrical energy supply, i.e. power distribution, of one selected electrochemical stack to be independent/different from that of another selected electrochemical stack as taught by Gu to prevent mismatch of voltage/current between stacks from affecting operation of the overall hydrogen generation system and improve the reliability and safety of the hydrogen production system.
Regarding claim 15, modified Fairlie teaches all the elements of the distribution system of claim 12 as stated above. Modified Fairlie further teaches the status data including the power distribution for one or more of the plurality of electrochemical stacks (see e.g. Fairlie Paragraph 0084 and Paragraph 0085, lines 1-6, controller determines availability of electrical energy sources as well as electrical consumption of electrolysers).
Modified Fairlie does not explicitly teach the one or more processors selecting an electrochemical stack that has different power distribution as another selected electrochemical stack, but does however teach that power may be distributed from multiple primary energy sources and a combination of electrical energy sources (see e.g. Fairlie Paragraph 0071, lines 1-10, and Paragraphs 0084 and 0086).
Gu teaches a hydrogen production system (see e.g. Abstract) including a plurality of electrolyzers (see Fig. 1, multiple hydrogen production electrolyzer systems 20; Paragraph 0033, lines 1-6) and a plurality of renewable energy systems each with a power conversion system for outputting electrical energy to the electrolyzers (see e.g. Fig. 1, N renewable energy systems 103 with N conversion systems 102; see e.g. Paragraph 0036), wherein electrical energy supplied, i.e. power distribution, to one to-be-powered electrolyzer is independent of electrical energy supplied to another to-be-powered electrolyzer, thereby preventing mismatch of voltage/current between electrolyzers from affecting operation of the overall hydrogen production system and improving the reliability and safety of the hydrogen production system (see e.g. Paragraph 0018, lines 13-21, and Paragraph 0054, lines 7-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the distribution system of modified Fairlie to comprise one selected electrochemical stack having an electrical energy supply, i.e. power distribution, independent/different from that of another selected electrochemical stack as taught by Gu to prevent mismatch of voltage/current between stacks from affecting operation of the overall hydrogen generation system and improve the reliability and safety of the hydrogen production system.
Regarding claim 18, modified Fairlie teaches all the elements of the distribution system of claim 11 as stated above. Modified Fairlie does not explicitly teach the one or more processors selecting the power distribution for one selected electrochemical stack that is different from the power distribution of another selected electrochemical stack, but does however teach that power may be distributed from multiple primary energy sources including renewable energy sources and a combination of electrical energy sources (see e.g. Fairlie Paragraph 0071, lines 1-10, and Paragraphs 0084 and 0086).
Gu teaches a hydrogen production system (see e.g. Abstract) including a plurality of electrolyzers (see Fig. 1, multiple hydrogen production electrolyzer systems 20; Paragraph 0033, lines 1-6) and a plurality of renewable energy systems each with a power conversion system for outputting electrical energy to the electrolyzers (see e.g. Fig. 1, N renewable energy systems 103 with N conversion systems 102; see e.g. Paragraph 0036), wherein electrical energy supplied, i.e. power distribution, to one to-be-powered electrolyzer is independent of electrical energy supplied to another to-be-powered electrolyzer, thereby preventing mismatch of voltage/current between electrolyzers from affecting operation of the overall hydrogen production system and improving the reliability and safety of the hydrogen production system (see e.g. Paragraph 0018, lines 13-21, and Paragraph 0054, lines 7-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the distribution system of modified Fairlie to comprise electrical energy supply, i.e. power distribution, of one selected electrochemical stack selected to be independent/different from that of another selected electrochemical stack as taught by Gu to prevent mismatch of voltage/current between stacks from affecting operation of the overall hydrogen generation system and improve the reliability and safety of the hydrogen production system.
Response to Arguments
Applicant’s arguments, see pages 9-10, filed 06/22/2026, with respect to the rejection(s) of amended claim(s) 1, 11 and 21 under 35 USC 102 over Fairlie, particularly regarding balancing a power distribution load among a plurality of power distributions each including one or more substations, transformers or converters, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Fairlie and Li.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOFOLUWASO S JEBUTU whose telephone number is (571)272-1919. The examiner can normally be reached M-F 9am-5pm.
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.
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.
/M.S.J./Examiner, Art Unit 1795
/LUAN V VAN/Supervisory Patent Examiner, Art Unit 1795
Prosecution Insights