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 1-20 are pending.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “oxygen sensors 218” in paragraph 0049.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “508” in Fig. 5A and “528” in Fig. 5B.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 9-10 and 17-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claims 9 and 17 describe altering consumption of reactive power by adjusting a power signal to the electrochemical stack to decrease hydrogen production when the frequency of the input power signal is greater than an upper threshold frequency value. Claims 10 and 18 describe altering consumption of reactive power by adjusting a power signal to the electrochemical stack to increase hydrogen production when the frequency of the input power signal is less than a lower threshold. Based on paragraph 0006 of the instant specification, the alteration of reactive power is meant to aid the grid in balancing reactive power.
However, it does not appear that the decrease of hydrogen production when the frequency exceeds the upper threshold or the increase of hydrogen production when the frequency falls below the lower threshold would result in the desired balancing of reactive power. This is evidenced by Falk et al. (US 20210317588 A1) which describes a method for operating an electrolysis device (see e.g. Abstract), wherein grid frequency, for which deviations are caused by an imbalance between fed and drawn electrical power (see e.g. Paragraph 0003), may be stabilized by adjusting the AC power, i.e. active and reactive power, drawn from the grid by the electrolysis device (see e.g. Paragraphs 0017-0018), particularly with the power drawn, and therefore electrolytic production, being reduced when the frequency falls and increased when the frequency increases (see e.g. Paragraphs 0062 and 0022), opposite to what is suggested in the instant claims and disclosure. This opposite relationship of the grid being stabilized by increasing power/hydrogen production when the grid frequency increases and vice versa is similarly described in at least Park (KR 20200125483 A, citations based on translation)[see e.g. Park Paragraphs 0037-0039], Barbachano et al. (US 20130093194 A1)[see e.g. Barbachano Paragraphs 0020 and 0052], Nguyen et al. (“Power Converter Topologies for Electrolyzer Applications to Enable Electric Grid Services”, IEEE, 2021)[see e.g. Nguyen Abstract and Fig. 14], Dozein et al. (“Fast Frequency Response From Utility-Scale Hydrogen Electrolyzers”, IEEE, 2021)[see e.g. Dozein Abstract and Page 1710, Col. 2, lines 1-4], as well as co-pending patent application 18/135,724 of the same instant applicant/inventors [see e.g. claims 10-11 and paragraph 0044].
The instant specification provides no further description or examples as to the effects/results of implementing the decrease of hydrogen production when the frequency exceeds the upper threshold or the increase of hydrogen production when the frequency falls below the lower threshold. The limitations of claims 9-10 and 17-18 therefore do not appear to be sufficiently enabled for the purpose of reactive power/grid balancing as described in the disclosure.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8, 11-12, 14-16 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park (KR 20200125483 A, citations based on translation).
Regarding claim 1, Park discloses a hydrogen generation system (see e.g. Paragraph 0001 and Paragraph 0004, water electrolysis system producing hydrogen) comprising:
a hydrogen generator (see e.g. Fig. 3, electrolysis system 100 producing hydrogen; Paragraphs 0031 and 0034) comprising:
an electrochemical stack producing hydrogen (see e.g. Fig. 3, electrolysis device 120 including electrolysis stack producing hydrogen; Paragraph 0034 and Paragraph 0048, lines 1-2); and
a power source receiving an input power signal from an input energy source and in electrical communication with the electrochemical stack (see e.g. Fig. 3, power conversion 110 receiving power from substation/system 30 via connection point A and providing power to the electrolysis device 120; Paragraphs 0031 and 0033); and
a control system comprising a processor and a non-transitory computer-readable medium encoded with instructions, which when executed by the processor (see e.g. Fig. 3, power management device 130 controlling other devices of the system, particularly by implementation of computer-readable code on a non-transitory computer-readable medium such as disks with a computer system, i.e. processor; Paragraphs 0035 and 0174), cause the processor to:
determine a value of a characteristic of the input power signal received from the input energy source (see e.g. Fig. 3, monitoring device 150 connected to power management device 130 measuring the voltage and grid frequency at connection point A connected to grid 30; Paragraph 0036, lines 1-7);
obtain a pre-determined range of values of the hydrogen generator corresponding to the characteristic of the input power signal, the pre-determined range of values comprising an upper threshold value of the characteristic and a lower threshold value of the characteristic (see e.g. Paragraph 0044, lines 1-2, Paragraph 0135, lines 4-5, Paragraph 0155, lines 1-2, and Paragraph 0158, lines 1-2, predetermined normal ranges and corresponding upper and lower reference values, i.e. thresholds, of voltage and grid frequency); and
alter, based on the value of the characteristic of the input power signal being greater than the upper threshold value of the characteristic or less than the lower threshold value of the characteristic, a consumption of reactive power of the input energy source by the hydrogen generator (see e.g. Fig. 3, power management device 130 controls power conversion device 110 to absorb reactive power from or inject reactive power into grid 30 according to received voltage and frequency, particularly being above or below the predetermined ranges thereof; Paragraph 0037, lines 1-5, Paragraph 0039 and Paragraph 0044, lines 1-4).
Regarding claim 2, Park discloses the input energy source being a utility grid (see e.g. Fig. 3, grid/system 30; Paragraph 0031 and Paragraph 0036, line 7).
Regarding claim 3, Park discloses the input energy source comprising a solar panel array or wind farm (see e.g. Fig. 3, renewable energy source 10 such as solar or wind power connected to electrolysis system 100; Paragraphs 0002 and 0031).
Regarding claim 4, Park discloses the value of the characteristic of the input power signal received from the input energy source being a voltage of the input energy power signal (see e.g. Fig. 3, monitoring device 150 connected to power management device 130 measuring the voltage at connection point A connected to grid 30; Paragraph 0036, lines 1-7).
Regarding claim 5, Park discloses altering the consumption of reactive power of the input energy source by the hydrogen generator comprising adjusting the power source to consume reactive power when the voltage of the input power signal is greater than an upper threshold voltage value (see e.g. Paragraph 0155, lines 1-9, when received voltage is higher than a predetermined high reference grid voltage value, i.e. upper threshold, power conversion device is controlled to absorb, i.e. consume, reactive power from grid).
Regarding claim 6, Park discloses altering the consumption of reactive power of the input energy source by the hydrogen generator comprising adjusting the power source to generate reactive power when the voltage of the input power signal is less than a lower voltage threshold value (see e.g. Paragraph 0158, when received voltage is lower than a predetermined low reference voltage value, i.e. lower threshold, power conversion device is controlled to generate reactive power).
Regarding claim 7, Park discloses altering the consumption of reactive power of the input energy source by the hydrogen generator being based on a voltage control policy of the control system (see e.g. Paragraph 0044, lines 1-9, calculation of reactive power command value to be injected or absorbed into the system when voltage differs a certain range from reference value).
Regarding claim 8, Park discloses the value of the characteristic of the input power signal received from the input energy source being a frequency of the input power signal (see e.g. Fig. 3, monitoring device 150 connected to power management device 130 measuring grid frequency at connection point A connected to grid 30; Paragraph 0036, lines 1-7).
Regarding claim 11, Park discloses altering the consumption of reactive power of the input energy source by the hydrogen generator being based on a frequency control policy of the control system (see e.g. Paragraphs 0135 and 0089, equation for calculating active power command value, and thereby accompanying reactive power, according to grid frequency conditions).
Regarding claim 12, Park discloses a method (see e.g. Paragraph 0016, line 1) comprising:
controlling a reactive power consumed by a hydrogen generator receiving an input power signal from an input energy source (see e.g. Paragraph 0016, power conversion device transmitting power from grid to water electrolysis system producing hydrogen controlled to absorb or inject reactive power), the hydrogen generator comprising:
an electrochemical stack producing hydrogen (see e.g. Fig. 3, electrolysis device 120 including electrolysis stack producing hydrogen; Paragraph 0034 and Paragraph 0048, lines 1-2); and
a power source receiving the input power signal from the input energy source and in electrical communication with the electrochemical stack (see e.g. Fig. 3, power conversion 110 receiving power from substation/system 30 via connection point A and providing power to the electrolysis device 120; Paragraphs 0031 and 0033);
determining a value of a characteristic of the input power signal received from the input energy source (see e.g. Fig. 3, monitoring device 150 connected to power management device 130 measuring the voltage and grid frequency at connection point A connected to grid 30; Paragraph 0036, lines 1-7);
determining a range of values of the hydrogen generator corresponding to the characteristic of the input power signal, the range of values comprising an upper threshold value of the characteristic and a lower threshold value of the characteristic (see e.g. Paragraph 0044, lines 1-2, Paragraph 0135, lines 4-5, Paragraph 0155, lines 1-2, and Paragraph 0158, lines 1-2, predetermined normal ranges and corresponding upper and lower reference values, i.e. thresholds, of voltage and grid frequency); and
transmitting, to the hydrogen generator, one or more instructions to alter, based on the value of the characteristic of the input power signal being greater than the upper threshold value of the characteristic or less than the lower threshold value of the characteristic, a consumption of reactive power of the input energy source by the hydrogen generator (see e.g. Fig. 3, power management device 130 controls power conversion device 110 to absorb reactive power from or inject reactive power into grid 30 according to received voltage and frequency, particularly being above or below the predetermined ranges thereof; Paragraph 0037, lines 1-5, Paragraph 0039 and Paragraph 0044, lines 1-4).
Regarding claim 14, Park discloses the value of the characteristic of the input power signal received from the input energy source being one of a voltage or the input power signal or a frequency of the input power signal (see e.g. Fig. 3, monitoring device 150 connected to power management device 130 measuring the voltage and grid frequency at connection point A connected to grid 30; Paragraph 0036, lines 1-7).
Regarding claim 15, Park discloses altering the consumption of reactive power of the input energy source by the hydrogen generator comprising adjusting the power source to consume reactive power when the voltage of the input power signal is greater than an upper threshold voltage value (see e.g. Paragraph 0155, lines 1-9, when received voltage is higher than a predetermined high reference grid voltage value, i.e. upper threshold, power conversion device is controlled to absorb, i.e. consume, reactive power from grid).
Regarding claim 16, Park discloses altering the consumption of reactive power of the input energy source by the hydrogen generator comprising adjusting the power source to generate reactive power when the voltage of the input power signal is less than a lower voltage threshold value (see e.g. Paragraph 0158, when received voltage is lower than a predetermined low reference voltage value, i.e. lower threshold, power conversion device is controlled to generate reactive power).
Regarding claim 19, Park discloses a non-transitory computer-readable storage medium having computer-executable program instructions stored thereon that when executed by a processor (see e.g. Paragraph 0174, non-transitory computer-readable recording medium such as disks containing computer-readable code for implementing inventive method via a computer system, i.e. processor), cause a computing device to perform:
controlling a reactive power consumed by a hydrogen generator receiving an input power signal from an input energy source (see e.g. Paragraph 0016, power conversion device transmitting power from grid to water electrolysis system producing hydrogen controlled to absorb or inject reactive power), the hydrogen generator comprising:
an electrochemical stack producing hydrogen (see e.g. Fig. 3, electrolysis device 120 including electrolysis stack producing hydrogen; Paragraph 0034 and Paragraph 0048, lines 1-2); and
a power source receiving the input power signal from the input energy source and in electrical communication with the electrochemical stack (see e.g. Fig. 3, power conversion 110 receiving power from substation/system 30 via connection point A and providing power to the electrolysis device 120; Paragraphs 0031 and 0033);
determining a value of a characteristic of the input power signal received from the input energy source (see e.g. Fig. 3, monitoring device 150 connected to power management device 130 measuring the voltage and grid frequency at connection point A connected to grid 30; Paragraph 0036, lines 1-7);
determining a range of values of the hydrogen generator corresponding to the characteristic of the input power signal, the range of values comprising an upper threshold value of the characteristic and a lower threshold value of the characteristic (see e.g. Paragraph 0044, lines 1-2, Paragraph 0135, lines 4-5, Paragraph 0155, lines 1-2, and Paragraph 0158, lines 1-2, predetermined normal ranges and corresponding upper and lower reference values, i.e. thresholds, of voltage and grid frequency); and
transmitting, to the hydrogen generator, one or more instructions to alter, based on the value of the characteristic of the input power signal being greater than the upper threshold value of the characteristic or less than the lower threshold value of the characteristic, a consumption of reactive power of the input energy source by the hydrogen generator (see e.g. Fig. 3, power management device 130 controls power conversion device 110 to absorb reactive power from or inject reactive power into grid 30 according to received voltage and frequency, particularly being above or below the predetermined ranges thereof; Paragraph 0037, lines 1-5, Paragraph 0039 and Paragraph 0044, lines 1-4).
Regarding claim 20, Park discloses the input energy source being a utility power grid (see e.g. Fig. 3, grid/system 30; Paragraph 0031 and Paragraph 0036, line 7).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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 13 is rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Tan et al. (CN 113690938 A, citations based on translation).
Regarding claim 13, Park teaches all the elements of the method of claim 12 as stated above. Park does not explicitly teach the range of values of the hydrogen generator corresponding to the characteristic of the input power signal being based on historical data of the operation of the hydrogen generator, but does generally teach is being a certain range of difference from a reference value (see e.g. Paragraph 0044, lines 1-2).
Tan teaches a control method for a hydrogen production system (see e.g. Paragraph n0001) wherein an optimal operating range for an electrolyzer is determined based on historical operating information and prior knowledge of the hydrogen production system (see e.g. Paragraphs n0007-n0008).
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 system and method of Park to comprise the range of values corresponding to the characteristic of the input power signal being based on historical operation data of the hydrogen generator as taught by Tan as a suitable means of determining an optimal operating range when controlling a hydrogen production system. MPEP § 2143(I)(A) states that “combining prior art elements according to known methods to yield predictable results” may be obvious. The claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results.
Conclusion
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.
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/M.S.J./Examiner, Art Unit 1795
/LUAN V VAN/Supervisory Patent Examiner, Art Unit 1795