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 06/10/2026.
Status of Rejections
The objections to the drawings and claims are withdrawn in view of applicant’s amendments.
The rejection(s) of claim(s) 5-6 and 15 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The rejection of claim(s) 11-20 under 35 USC 112(b) is/are withdrawn in view of applicant’s amendment.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 maintained.
All other previous rejections are withdrawn in view of applicant’s amendments.
New grounds of rejection are necessitated by applicant’s amendments.
Claims 1-4, 7-14 and 16-20 are pending and under consideration for this Office Action.
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, 7-8, 10-14 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kato et al. (U.S. 2022/0113271) in view of Biskoping et al. (WO 2023152130 A1), and further in view of Krellner (U.S. 2008/0134752).
Regarding claim 1, Kato teaches a hydrogen generation system (see e.g. Fig. 1, gas generation system 1 in which H2 gas is produced; Paragraph 0022, lines 1-2) comprising:
a hydrogen generator comprising:
an electrochemical stack (see e.g. Fig. 1, electrolysis cell 10 as generation device; Paragraph 0022, lines 2-3 and 7-8); and
a plurality of sensors measuring a concentration of gas, inclusive of hydrogen and oxygen generated from the electrochemical stack (see e.g. Fig. 1, catalytic combustion type gas sensors 20-1 and 20-2 respectively measuring hydrogen concentration in output oxygen path 18 and oxygen concentration in output hydrogen path 19; Paragraph 0022, lines 4-6, Paragraph 0031, lines 1-4, and Paragraph 0032, lines 1-4); and
a processor and a non-transitory computer-readable medium encoded with instructions, which when executed by the processor, cause the processor to (see e.g. Fig. 1, management device 40 including control unit 43 which may be a processor and storage unit 42 which may be a non-volatile memory storing a program which may be executed by the control unit 43 for realizing the functions thereof; Paragraph 0036, lines 1-4 and 12-15, and Paragraph 0037, lines 1-10):
determine an operational status of the hydrogen generator based on the concentration of gas generated from the electrochemical stack (see e.g. Paragraph 0067, management device determines if there is a possibility of the electrolysis cell being damaged);
obtain a rule from a ruleset database (see e.g. Paragraph 0067, management device compares detected concentration to predetermined threshold associated with a determination to stop generation of hydrogen and oxygen); and
execute the rule from the ruleset to alter an operational parameter of the electrochemical stack (see e.g. Paragraph 0068, management device commands stoppage of hydrogen and oxygen generation based on the determination).
Kato does not teach the processor further being caused to verify the operational status of the hydrogen generator through an additional diagnostic measurement of the electrochemical stack.
Biskoping teaches a method for operating electrolyser stacks (see e.g. Abstract) in which performance of an electrolyser stack can be evaluated by measuring current density of the stack and comparing it to a calibration curve relating the current density to an impurity gas concentration, such as a concentration of hydrogen within produced oxygen, in addition to the use of physical gas concentration sensors, thereby providing a redundancy to the physical sensors and increasing reliability of the system (see e.g. Page 4, lines 6-9 and 27-33, and Page 5, lines 12-19).
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 processor of Kato to further be caused to evaluate performance, i.e. verify operational status, of the hydrogen generator by measurement of a current density of the electrochemical stack as taught by Biskoping to provide a redundancy to the physical sensors and increase reliability of the hydrogen generation system.
Modified Kato does not teach the plurality of sensors comprising a first gas sensor and a corresponding redundant second gas sensor, the processor being caused to determine a difference between a first gas concentration measurement from the first gas sensor and a second gas concentration measurement from the redundant second gas sensor, and the rule from the ruleset database being obtained based on the determined difference between the first gas concentration measurement from the first gas sensor and the second gas concentration measurement from the redundant second gas sensor. Kato does however teach the processor obtaining and executing operational rules based on measurements from the sensors (see e.g. Kato Paragraphs 0067-0068, management device commands stoppage of hydrogen and oxygen generation based on the received detection result)
Krellner teaches a sensor system including a first sensor for detection of data such as oxygen levels in an environment and a second sensor for detecting the oxygen levels, with a processor responsive to both of the sensors (see e.g. Fig. 1, sensor system 10 with adjacent sensors 12 and 12’; Paragraph 0013, lines 1-5, and Paragraph 0024, lines 1-8), wherein the processor determines a difference between measurement outputs of the first and second sensor (see e.g. Paragraph 0030, lines 18-21) and, depending on whether this difference is below or above a predetermined amount, respectively outputs the measurement for typical operation and subsequent response or outputs an error signal (see e.g. Paragraph 0030, lines 18-26), i.e. obtaining and executing operation rules based on the determined difference, this sensor system enabling continuous gathering of pertinent data while maintaining accuracy by use of one sensor to gather data while the other is calibrated (see e.g. Paragraph 0005) and the comparison of the outputs of the two sensors providing the system with even greater accuracy (see e.g. Paragraph 0018, lines 18-21).
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 sensors of modified Kato to comprise, for each targeted measurement, a sensor system with a first sensor and second redundant sensor, with the processor determining the difference between measurement outputs of the two sensors and outputting different signals for response, i.e. obtaining and executing operational rules, based on the amount of said difference, as taught by Krellner to enable continuous gathering of pertinent data while maintaining accuracy by use of one sensor to gather data while the other is calibrated and provide even greater accuracy by comparing of their respective outputs.
Regarding claim 2, modified Kato teaches the plurality of sensors comprising an oxygen sensor measuring a concentration of output oxygen generated from the electrochemical stack and a hydrogen sensor measuring a concentration of output hydrogen generated from the electrochemical stack (see e.g. Kato Fig. 1, catalytic combustion type gas sensors 20-1 and 20-2 respectively measuring hydrogen concentration in output oxygen path 18 and oxygen concentration in output hydrogen path 19; Paragraph 0031, lines 1-4, and Paragraph 0032, lines 1-4).
Regarding claim 3, Kato as modified by Biskoping teaches the additional diagnostic measurement of the electrochemical stack comprising an alternating current impedance spectroscopy measurement (see e.g. Biskoping Page 8, lines 20-26, AC electrochemical impedance spectroscopy analysis used as input and/or to update calibration curve).
Regarding claim 4, Kato as modified by Krellner teaches the first gas sensor and the redundant second gas sensor being located in proximity to each other (see e.g. Krellner Fig. 1, sensor system 10 with adjacent sensors 12 and 12’; Paragraph 0013, lines 1-5, and Paragraph 0024, lines 1-8).
Regarding claim 7, Kato as modified by Krellner teaches the ruleset database comprising a plurality of redundant sensor rules each associated with threshold values of the determined difference between the first gas concentration measurement from the first gas sensor and the second gas concentration measurement form the redundant second gas sensor (see e.g. Krellner Paragraph 0030, lines 18-24, output of error signal or output of measurement reading done based on determined difference being above or below a predetermined amount, i.e. threshold).
Regarding claim 8, modified Kato teaches the operational rule for controlling the hydrogen generator comprising an automatic shut down operation of the electrochemical stack (see e.g. Kato Paragraph 0068, management device turns off power supply of electrolysis cell and stops water circulation).
Regarding claim 10, Kato as modified by Biskoping and Krellner teaches the instructions causing the processor to generate a model of the hydrogen generator based on one or more historical gas concentration measurements of the electrochemical stack (see e.g. Biskoping Page 4, lines 31-33, and Page 7, lines 14-22, updated calibration curve relating current density to gas concentration generated using stored values for the electrolyser stack at different points in time); and
alter a parameter of the model based on the determined difference between the first gas concentration measurement from the first gas sensor and the second gas concentration measurement from the redundant second sensor (see e.g. Krellner Paragraph 0030, lines 23-26, if determined difference less is than a predetermined amount, outputting measurement for subsequent response; see e.g. Biskoping Page 4, lines 31-33, gas concentration being one of the parameters of the calibration curve being updated).
Regarding claim 11, Kato teaches a method for operating a hydrogen generation system (see e.g. Fig. 1, operation by management device 40 of gas generation system 1 in which H2 gas is produced; Paragraph 0022, lines 1-2, and Paragraph 0036, lines 1-2), the method comprising:
receiving measurements from a plurality of sensors measuring a concentration of gas, inclusive of hydrogen and oxygen generated from an electrochemical stack (see e.g. Fig. 1, management device 40 receiving signals of detected concentration from catalytic combustion type gas sensors 20-1 and 20-2 respectively measuring hydrogen concentration in output oxygen path 18 and oxygen concentration in output hydrogen path 19; Paragraph 0022, lines 4-6, and Paragraphs 0063-0064);
determining an operational status of the electrochemical stack based on the received measurements of concentration of gas (see e.g. Paragraph 0067, management device determines if there is a possibility of the electrolysis cell being damaged);
obtaining a rule from a ruleset database (see e.g. Paragraph 0067, management device compares detected concentration to predetermined threshold associated with a determination to stop generation of hydrogen and oxygen); and
executing the rule from the ruleset to alter an operational parameter of the electrochemical stack (see e.g. Paragraph 0068, management device commands stoppage of hydrogen and oxygen generation based on the determination).
Kato does not teach verifying the operational status of the hydrogen generation system through an additional diagnostic measurement of the electrochemical stack.
Biskoping teaches a method for operating electrolyser stacks (see e.g. Abstract) in which performance of an electrolyser stack can be evaluated by measuring current density of the stack and comparing it to a calibration curve relating the current density to an impurity gas concentration, such as a concentration of hydrogen within produced oxygen, in addition to the use of physical gas concentration sensors, thereby providing a redundancy to the physical sensors and increasing reliability of the system (see e.g. Page 4, lines 6-9 and 27-33, and Page 5, lines 12-19).
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 Kato to further comprise evaluating performance, i.e. verifying operational status, of the hydrogen generation system by measurement of a current density of the electrochemical stack as taught by Biskoping to provide a redundancy to the physical sensors and increase reliability of the hydrogen generation system.
Modified Kato does not teach the plurality of sensors comprising a first gas sensor and a corresponding redundant second gas sensor, the method further comprising determining a difference between a first gas concentration measurement from the first gas sensor and a second gas concentration measurement from the redundant second gas sensor, and the rule from the ruleset database being obtained based on the determined difference between the first gas concentration measurement from the first gas sensor and the second gas concentration measurement from the redundant second gas sensor. Kato does however teach obtaining and executing operational rules based on measurements from the sensors (see e.g. Kato Paragraphs 0067-0068, management device commands stoppage of hydrogen and oxygen generation based on the received detection result)
Krellner teaches a sensor system including a first sensor for detection of data such as oxygen levels in an environment and a second sensor for detecting the oxygen levels, with a processor responsive to both of the sensors (see e.g. Fig. 1, sensor system 10 with adjacent sensors 12 and 12’; Paragraph 0013, lines 1-5, and Paragraph 0024, lines 1-8), wherein the processor determines a difference between measurement outputs of the first and second sensor (see e.g. Paragraph 0030, lines 18-21) and, depending on whether this difference is below or above a predetermined amount, respectively outputs the measurement for typical operation and subsequent response or outputs an error signal (see e.g. Paragraph 0030, lines 18-26), i.e. obtaining and executing operation rules based on the determined difference, this sensor system enabling continuous gathering of pertinent data while maintaining accuracy by use of one sensor to gather data while the other is calibrated (see e.g. Paragraph 0005) and the comparison of the outputs of the two sensors providing the system with even greater accuracy (see e.g. Paragraph 0018, lines 18-21).
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 Kato to have the sensors comprise, for each targeted measurement, a sensor system with a first sensor and second redundant sensor, determine the difference between measurement outputs of the two sensors and output different signals for response, i.e. obtain and execute operational rules, based on the amount of said difference, as taught by Krellner to enable continuous gathering of pertinent data while maintaining accuracy by use of one sensor to gather data while the other is calibrated and provide even greater accuracy by comparing of their respective outputs.
Regarding claim 12, modified Kato teaches the plurality of sensors comprising an oxygen sensor measuring a concentration of output oxygen generated from the electrochemical stack and a hydrogen sensor measuring a concentration of output hydrogen generated from the electrochemical stack (see e.g. Kato Fig. 1, catalytic combustion type gas sensors 20-1 and 20-2 respectively measuring hydrogen concentration in output oxygen path 18 and oxygen concentration in output hydrogen path 19; Paragraph 0031, lines 1-4, and Paragraph 0032, lines 1-4).
Regarding claim 13, Kato as modified by Biskoping teaches the additional diagnostic measurement of the electrochemical stack comprising an alternating current impedance spectroscopy measurement (see e.g. Biskoping Page 8, lines 20-26, AC electrochemical impedance spectroscopy analysis used as input and/or to update calibration curve).
Regarding claim 14, Kato as modified by Krellner teaches the first gas sensor and the redundant second gas sensor being located in proximity to each other (see e.g. Krellner Fig. 1, sensor system 10 with adjacent sensors 12 and 12’; Paragraph 0013, lines 1-5, and Paragraph 0024, lines 1-8).
Regarding claim 16, Kato as modified by Biskoping and Krellner teaches generating a model of the hydrogen generator based on one or more historical gas concentration measurements of the electrochemical stack (see e.g. Biskoping Page 4, lines 31-33, and Page 7, lines 14-22, updated calibration curve relating current density to gas concentration generated using stored values for the electrolyser stack at different points in time); and
altering a parameter of the model based on the determined difference between the first gas concentration measurement from the first gas sensor and the second gas concentration measurement from the redundant second sensor (see e.g. Krellner Paragraph 0030, lines 23-26, if determined difference less is than a predetermined amount, outputting measurement for subsequent response; see e.g. Biskoping Page 4, lines 31-33, gas concentration being one of the parameters of the calibration curve being updated).
Regarding claim 17, Kato teaches a non-transitory computer-readable storage medium having computer-executable program instructions stored thereon that when executed by a processor, cause a computing device to perform (see e.g. Fig. 1, storage unit 42 which may be a non-volatile memory storing a program which may be executed by control unit 43 which may be a processor for realizing the function of management device 40; Paragraph 0036, lines 1-4 and 12-15, and Paragraph 0037, lines 1-10):
receiving measurements from a plurality of sensors measuring a concentration of gas, inclusive of hydrogen and oxygen generated from an electrochemical stack of a hydrogen generator (see e.g. Fig. 1, management device 40 receiving signals of detected concentration from catalytic combustion type gas sensors 20-1 and 20-2 respectively measuring hydrogen concentration in output oxygen path 18 and oxygen concentration in output hydrogen path 19; Paragraph 0022, lines 4-6, and Paragraphs 0063-0064);
determining an operational status of the electrochemical stack based on the received measurements of concentration of gas (see e.g. Paragraph 0067, management device determines if there is a possibility of the electrolysis cell being damaged);
obtaining a rule form a ruleset database (see e.g. Paragraph 0067, management device compares detected concentration to predetermined threshold associated with a determination to stop generation of hydrogen and oxygen); and
executing the rule from the ruleset to alter an operational parameter of the electrochemical stack (see e.g. Paragraph 0068, management device commands stoppage of hydrogen and oxygen generation based on the determination).
Kato does not teach the computing device also being caused to verify the operational status of the hydrogen generator through an additional diagnostic measurement of the electrochemical stack.
Biskoping teaches a method for operating electrolyser stacks (see e.g. Abstract) in which performance of an electrolyser stack can be evaluated by measuring current density of the stack and comparing it to a calibration curve relating the current density to an impurity gas concentration, such as a concentration of hydrogen within produced oxygen, in addition to the use of physical gas concentration sensors, thereby providing a redundancy to the physical sensors and increasing reliability of the system (see e.g. Page 4, lines 6-9 and 27-33, and Page 5, lines 12-19).
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 computing device of Kato to further be caused to evaluate performance, i.e. verify operational status, of the hydrogen generator by measurement of a current density of the electrochemical stack as taught by Biskoping to provide a redundancy to the physical sensors and increase reliability of the hydrogen generation system.
Modified Kato does not teach the plurality of sensors comprising a first gas sensor and a corresponding redundant second gas sensor, the computing device being caused to determine a difference between a first gas concentration measurement from the first gas sensor and a second gas concentration measurement from the redundant second gas sensor, and the rule from the ruleset database being obtained based on the determined difference between the first gas concentration measurement from the first gas sensor and the second gas concentration measurement from the redundant second gas sensor. Kato does however teach the computing device obtaining and executing operational rules based on measurements from the sensors (see e.g. Kato Paragraphs 0067-0068, management device commands stoppage of hydrogen and oxygen generation based on the received detection result)
Krellner teaches a sensor system including a first sensor for detection of data such as oxygen levels in an environment and a second sensor for detecting the oxygen levels, with a processor responsive to both of the sensors (see e.g. Fig. 1, sensor system 10 with adjacent sensors 12 and 12’; Paragraph 0013, lines 1-5, and Paragraph 0024, lines 1-8), wherein the processor determines a difference between measurement outputs of the first and second sensor (see e.g. Paragraph 0030, lines 18-21) and, depending on whether this difference is below or above a predetermined amount, respectively outputs the measurement for typical operation and subsequent response or outputs an error signal (see e.g. Paragraph 0030, lines 18-26), i.e. obtaining and executing operation rules based on the determined difference, this sensor system enabling continuous gathering of pertinent data while maintaining accuracy by use of one sensor to gather data while the other is calibrated (see e.g. Paragraph 0005) and the comparison of the outputs of the two sensors providing the system with even greater accuracy (see e.g. Paragraph 0018, lines 18-21).
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 sensors of modified Kato to comprise, for each targeted measurement, a sensor system with a first sensor and second redundant sensor, with the computing device determining the difference between measurement outputs of the two sensors and outputting different signals for response, i.e. obtaining and executing operational rules, based on the amount of said difference, as taught by Krellner to enable continuous gathering of pertinent data while maintaining accuracy by use of one sensor to gather data while the other is calibrated and provide even greater accuracy by comparing of their respective outputs.
Regarding claim 18, modified Kato teaches the plurality of sensors comprising an oxygen sensor measuring a concentration of output oxygen generated from the electrochemical stack and a hydrogen sensor measuring a concentration of output hydrogen generated from the electrochemical stack (see e.g. Kato Fig. 1, catalytic combustion type gas sensors 20-1 and 20-2 respectively measuring hydrogen concentration in output oxygen path 18 and oxygen concentration in output hydrogen path 19; Paragraph 0031, lines 1-4, and Paragraph 0032, lines 1-4).
Regarding claim 19, Kato as modified by Biskoping teaches the additional diagnostic measurement of the electrochemical stack comprising an alternating current impedance spectroscopy measurement (see e.g. Biskoping Page 8, lines 20-26, AC electrochemical impedance spectroscopy analysis used as input and/or to update calibration curve).
Regarding claim 20, Kato as modified by Krellner teaches the first gas sensor and the redundant second gas sensor being located in proximity to each other (see e.g. Krellner Fig. 1, sensor system 10 with adjacent sensors 12 and 12’; Paragraph 0013, lines 1-5, and Paragraph 0024, lines 1-8).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kato, Biskoping and Krellner, as applied to claim 1 above, and further in view of Scheffler et al. (U.S. 2013/0186777).
Regarding claim 9, modified Kato teaches all the elements of the system of claim 1 as stated above. Modified Kato does not explicitly teach the operational rule for controlling the hydrogen generator comprising causing at least one of the plurality of sensors to self-calibrate based on the determined difference between the first gas concentration measurement from the first gas sensor and the second gas concentration measurement from the redundant second sensor. Krellner does however teach both sensors being able to self-calibrate (see e.g. Krellner Paragraph 0011, lines 12-14), as well as an error signal being output when the determined difference is greater than a predetermined amount (see e.g. Krellner Paragraph 0030, lines 21-22).
Scheffler teaches a sensor system including at least one gas sensor and a control system determining an operational status thereof (see e.g. Paragraph 0019, lines 1-4), wherein, upon determination that the operational status is non-conforming based on one or more predetermined thresholds, the control system initiates automated calibration of the sensor (see e.g. Paragraph 0019, lines 5-8) as an exemplary task to be performed upon a non-conforming result of a sensor life or health test (see e.g. Paragraph 0196).
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 operational rule of modified Kato to comprise automatic self-calibration of one or both of the sensors based on the difference between the two measurements exceeding a threshold as taught by Scheffler as an exemplary task that may be performed upon indication of a sensor being non-conforming or in a state of error. 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.
Response to Arguments
Applicant’s arguments, see pages 14-15, filed 06/10/2026, with respect to the rejection(s) of amended claim(s) 1, 11 and 17 under 35 USC 103 over Kato in view of Biskoping, particularly regarding the references not disclosing the determining of a difference between measurements of a first sensor and redundant second gas sensor and obtaining/executing rules based on the determined difference, 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 Kato, Biskoping and Krellner.
On pages 15-16, Applicant argues that the sensor system of Krellner fails to disclose obtaining a rule from a ruleset database based on the determined difference between the concentration measurements and executing the rule from the ruleset to alter an operational parameter of the electrochemical stack. This is not considered persuasive. The base Kato reference first teaches obtaining and executing rules to alter an operational parameter of the electrochemical based on measurements from the sensors (see e.g. Kato Paragraphs 0067-0068, management device commands stoppage of hydrogen and oxygen generation based on the received detection result). Krellner then teaches determining a difference between measurement outputs of the first and second sensor (see e.g. Paragraph 0030, lines 18-21) and, depending on whether this difference is below or above a predetermined amount, respectively outputs the measurement for typical operation and subsequent response or outputs an error signal (see e.g. Paragraph 0030, lines 18-26), i.e. obtaining and executing operation rules based on the determined difference. The execution of operational rules for the electrochemical stack taught by Kato would then be an exemplary subsequent response.
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.
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/M.S.J./Examiner, Art Unit 1795
/LUAN V VAN/Supervisory Patent Examiner, Art Unit 1795
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