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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-25 of U.S. Patent No. 10, 059,215 and claims 1-21 of U.S Patent No. 11,667,202 Although the claims at issue are not identical, they are not patentably distinct from each other because both application is directed to an energy source supply appliance comprising: an appliance energy source supply system comprising: a first appliance energy source supply subsystem; and a second appliance energy source supply subsystem; wherein: the first appliance energy source supply subsystem is configured to receive a first energy source; the second appliance energy source supply subsystem is configured to make available a second energy source to a first receiver vehicle; the second energy source is different than the first energy source; and the first receiver vehicle comprises a first drive system configured to use the second energy source received by the first receiver vehicle to motively power the first receiver vehicle.
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.
Claims 1-10 and 17-22 are rejected under 35 U.S.C. 103 as being unpatentable over Baer et al. (US 2009/0187416) in view Hunter (US 2010/0060093) and further in view of Myers (US 2012/0241041)
Re Claims 1 and 17; Baer discloses a system and a method for providing the system comprising:
an energy source supply hub (104c, Fig. 5); and
an energy source supply appliance (Fuel station apparatus 10, Fig. 5. However, Fig 3 discloses 10 coupled to the truck);
a hub energy source system comprising:
a first hub energy source supply system (the tank in 104c Fig. 5);
a second hub energy source subsystem (Par 0062 discloses that one or more vehicles may be used. The additional vehicle is considered as the second hub) and
a hub vehicle (the truck transporting the tank) configured to transport the hub energy source supply system;
the energy source supply appliance (10) comprises:
a first appliance energy source supply system (10, Fig. 5); and
a first appliance energy source supply subsystem (the tank in 104c Fig. 5) configured to receiver, by a pressure regulator (fuel pump system which includes the controller, the pump and the motor shown in Fig. 1) and a thermal control device comprising a restrictive flow orifice (Par 0041-45)
a first energy source from the first hub energy source supply subsystem;
the first energy source from the first hub energy source supply subsystem passes through the restrictive flow orifice (Fig. 2 and also see Par 0041-5)
a second appliance energy source supply subsystem (vehicle V) configured to
receive the first energy source from the first hub energy source supply subsystem or the first appliance energy source supply subsystem
a first appliance vehicle (V, Fig. 3 which transports the tank) configured to transport the appliance energy source supply system; (Fig. 3 also see Par 0025): proximal to the energy source supply hub to receiver the first energy source and to make available; (a) the first energy source of a first receiver vehicle for using the first energy source to motively power the first receiver vehicle (the vehicle V located in the box 104b is powered by the fuel from the box 10, See Fig. 2) and (b) the second energy source to a second receiver vehicle for using the second energy to motively power the second receiver vehicle; (Par.0059 discloses plurality of fuel station apparatuses 10 that may be owned/operated by the one or more owners/operators, which indicated it would make available the second energy source received from the second hub energy source supply subsystem to a second receiver vehicle which includes a drive system since combustion vehicle includes a drive system. Furthermore par. 0018-21 discloses the different type of fuel carried by the fuel station apparatus 10.)
the appliance energy source supply system further comprises a second appliance energy source supply subsystem configured to receive the second energy source from the second hub energy source supply subsystem and to make available the second energy source received from the second hub energy source supply subsystem to a second receiver vehicle;
the second appliance energy source supply subsystem is further configured to receive the first energy source from the first appliance energy source supply system; (Par 0025 discloses that the fuel station apparatus 10 may be mobile such that the fuel station apparatus 10 may be located on a tractor-trailer fuel tanker vehicle, V, that may be moved, for example, proximate a passenger vehicle, V and also discloses that plurality of fuel station apparatuses 10 that may be owned/operated by the one or more owners/operators. Because of the mobility nature of fuel station apparatus 10, it can be configured to provide fuel to the other fuel stations 10 when needed.)
wherein: the second hub energy source supply subsystem is configured to: (a) receive the first energy source from the first hub source energy supply subsystem, (tankers can or exchange fuel among themselves)
Baer discloses that the first energy hub is a fuel tanker. Baer also discloses a plurality of fuel tankers and the second of the plurality of the fuel tankers is considered as the second hub energy source. (Par 0062, In an embodiment, the supplier located at the supplier end 104c may be represented by a fluid supplier, such as, for example, a fuel supplier, F. In an embodiment, if the supplier is a fuel supplier, F, the fuel supplier end 104c may include, but is not limited to a vehicle Further, in an embodiment, it will be appreciated that one or more of the vehicle, V, and fuel supplier, F, may communicate with the communication network 100 by way of one or more of a personal computer, PC, portable communication device, P, or the like)
Fuel tankers exchanging load from each other is known and routine. Furthermore, the Examiner relied on Baer to disclose the types of fuel is can supply to include and not limited to alternative fuels, fossil fuels, bio-fuels, exhaust additives, and the like.
Baer does not necessarily disclose wherein: the second hub energy source system is configured to: receiver the first energy from the first hub energy supply subsystem and convert the first energy source received from the energy source supply subsystem to the second energy source and the first appliance energy source subsystem comprising a pressure regulator, wherein the first appliance energy source supply subsystem is configured to receive, using the pressure regulator,
However, Hunter discloses first tanker 14 suppling energy to a second tanker 14 and convert the first energy source received from the energy source supply subsystem to the second energy source (Fig. 8, The interconnected energy generating modules 14 may also be coupled by fuel conveying devices 66 so as to share respective fuel supplies and also see par 0039 disclosing converting the fuel from a first type to a second type)
Therefore, it would have been obvious to one of the ordinary skill in the art at the filing of the invention to have included the fuel cell system of Hunter with the device of Baer motivated by the desire to convert the diesel fuel received into a cleaner form of energy so that the energy provided to the second energy source is cleaner and environmentally friendly.
The combination does not disclose a pressure regulator, wherein the first appliance energy source supply subsystem is configured to receive, using the pressure regulator.
Myers discloses a pressure regulator, wherein the fueling system comprises the pressure regulator.
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing of the invention to have added the pressure regulator to the fueling system of Baer in order to enhanced Safety. For instance. Gas is transported and stored at high pressures, which can be hazardous. Regulators reduce these dangerous levels to manageable pressures, minimizing the risk of leaks, equipment damage, accidents, or explosions.
Re Claims 2, 9, 18 and 22; The combination of Baer in view of Hunter discloses wherein the at least one of the first energy source comprises a hydrogen fuel energy source: or the second energy source comprises an electrical energy source. (as shown in claim 1 the combination discloses transforming diesel into hydrogen which would be transported by the vehicle disclosed by Baer)
Re Claim 3; Baer discloses wherein the hub vehicle is further configured to transport the hub energy source supply system to make available the first energy source directly to the first receiver vehicle (the hub is a mobile device (vehicle) and would transport the hub energy source supply system to make available the first energy source directly to the first receiver vehicle)
Re Claim 4; Baer discloses wherein the hub is further configured to transport the hub energy supply system to receive the first energy from an energy source supply station. (Fig. 3).
Re Claim 5; Baer discloses the second energy source comprises an electrical energy source and the second appliance energy supply subsystem further comprises at least one of:
An appliance electric power converter configured to convert a voltage of the electrical energy source; or an appliance electrical energy storage system configured to store the electric energy source. (Vehicles include alternator which converters energy to charge the battery)
Re Claim 6; Baer discloses the second energy source comprises an electrical energy source (Vehicles include alternator which converters energy to charge the battery) and Hunter discloses the second appliance energy source supply subsystem further comprises a first appliance fuel cell system configured to convert the first energy source to the second energy source (Par 10)
Re Claim 7; Hunter discloses the hub energy source system further comprises a second hub energy source supply subsystem configured to:
Receive the first energy from the first hub energy source supply subsystem; and converter the first energy source received from the first hub energy source supply subsystem to the second energy source; (Par 0025)
Re Claim 8; Baer discloses the second energy source comprises an electrical energy source and the second hub energy source subsystem further comprises at least one of; a hub electric power converter configured to convert a voltage of the electrical energy source; or a hub electrical energy storage system configured to store the electrical energy source. (Vehicles include alternator which converters energy to charge the battery)
Re Claim 10; Hunter discloses the first energy source comprises a hydrogen fuel energy source. (Par 0036)
Re Claim 19; Baer discloses a method comprising:
moving a first energy source supply appliance (104c) proximal to an energy source supply hub (10), wherein:
the energy source supply hub comprises a hub energy source supply system that is configured to be transported; (Fig. 2 shows 10 on a transport vehicle)
the hub energy source supply system comprises a first hub energy source supply and a second hub energy source supply subsystem;
the first energy source supply appliance comprises a first appliance energy source supply system; and the first appliance energy source supply system comprises:
a first appliance enemy source supply subsystem configured to receive a fuel enemy source from the first hub energy source supply subsystem; and
a second appliance enemy source supply subsystem configured to: receive the hydrogen fuel enemy source from the first hub energy source supply subsystem or the first appliance energy source supply subsystem; and convert the fuel enemy source to an electrical energy source; (See the rejection of claim 1)
after moving the first energy source supply appliance proximal to the energy source supply hub, receiving the fuel energy source from the energy source supply hub at the first appliance energy source supply; (Fueling the tanker from 10)
after receiving the hydrogen fuel energy source at the first appliance energy source supply subsystem, moving the first energy source supply appliance proximal to a first receiver vehicle (consumer end Fig. 5);
and after moving the first energy source supply appliance proximal to the first receiver vehicle, supplying the fuel energy source from the first appliance energy source supply subsystem to the first receiver vehicle for using the fuel energy source to motively power the first receiver vehicle. (Fig. 5 Par 0060)
Baer further discloses a fuel suppler, F. Accordingly, the supplier end 104c may include, but is not limited to a supplier of a non-fuel fluid, such as for example, ADBLUE.RTM./AUS32. Yet even further, it will be appreciated that the supplier end 104c is not limited to a supplier of a fluid, wherein the one or more fluid tanks includes means for storing one or more of an aqueous urea solution, a non-fossil-fuel fuel and a fossil-fuel fuel.
wherein: the second hub energy source supply subsystem is configured to: (a) receive the first energy source from the first hub source energy supply subsystem, (tankers can or exchange fuel among themselves )
Baer discloses that the first energy hub is a fuel tanker. Baer also discloses a plurality of fuel tankers and the second of the plurality of the fuel tankers is considered as the second hub energy source. (Par 0062, In an embodiment, the supplier located at the supplier end 104c may be represented by a fluid supplier, such as, for example, a fuel supplier, F. In an embodiment, if the supplier is a fuel supplier, F, the fuel supplier end 104c may include, but is not limited to a vehicle Further, in an embodiment, it will be appreciated that one or more of the vehicle, V, and fuel supplier, F, may communicate with the communication network 100 by way of one or more of a personal computer, PC, portable communication device, P, or the like)
Fuel tankers exchanging load from each other is known and routine. Furthermore, the examiner relied on Baer to disclose the types of fuel is can supply to include and not limited to alternative fuels, fossil fuels, bio-fuels, exhaust additives, and the like.
Baer does not necessarily disclose wherein: the second hub energy source system is configured to : receiver the first energy from the first hub energy supply subsystem and convert the first energy source received from the energy source supply subsystem to the second energy source
However, Hunter discloses first tanker 14 suppling energy to a second tanker 14 and convert the first energy source received from the energy source supply subsystem to the second energy source (Fig. 8, The interconnected energy generating modules 14 may also be coupled by fuel conveying devices 66 so as to share respective fuel supplies and also see par 0039 disclosing converting the fuel from a first type to a second type)
The combination does not disclose a pressure regulator, wherein the first appliance energy source supply subsystem is configured to receive, using the pressure regulator.
Myers discloses a pressure regulator, wherein the fueling system comprises the pressure regulator.
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing of the invention to have added the pressure regulator to the fueling system of Baer in order to enhanced Safety. For instance. Gas is transported and stored at high pressures, which can be hazardous. Regulators reduce these dangerous levels to manageable pressures, minimizing the risk of leaks, equipment damage, accidents, or explosions.
Re Claim 20; Baer discloses comprisin
21. (Currently Amended) A system comprising: an energy source supply hub comprising: a hub energy source supply system comprising: a first hub energy source supply subsystem; and a second hub energy source supply subsystem configured: to receive a first energy source from the first hub energy source supply subsystem or anon-mobile energy source supply station; and to convert the first energy source received from the first hub energy source supply subsystem or the non-mobile energy source supply station to a second energy source; and a hub vehicle configured to transport the hub energy source supply system; and a first energy source supply appliance comprising: a first appliance energy source supply system comprising: a first appliance energy source supply subsystem configured to receive the first energy source from the first hub energy source supply subsystem; and a second appliance energy source supply subsystem configured to:(a) receive the second energy source from the second hub energy source supply subsystem; and (b) receive the first energy source from the second hub energy source supply subsystem or the first hub energy source supply subsystem or the first appliance energy source supply subsystem; and convert the first energy source to the second energy source; and a first appliance vehicle configured to transport the first appliance energy source supply system: proximal to the energy source supply hub to receive the first energy source; and to make available: (a) the first energy source to a first receiver vehicle for using the first energy source to motively power the first receiver vehicle and (b) the second energy source to a second receiver vehicle for using the second energy source to motively power the second receiver vehicle, wherein: the second energy source is different from the first energy source; and the hub vehicle, the first receiver vehicle, the second receiver vehicle, and the first appliance vehicle are different from each other. (The claim is analogous to claims 19 and 20 and the same rejection is applied)
Claims 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Baer et al. (US 2009/0187416) in view Hunter and further in view of Myers, Brown (US 2014/0091564)
Re Claims 11 and 14; Baer discloses proximal to the energy source supply hub to receive the first energy source and to make available the first energy source to the first receiver vehicle for using the first energy source to motive power the first receiver vehicle
wherein: the hub vehicle, the first receiver vehicle, the second receiver vehicle, the first appliance vehicle, and the second appliance vehicle are different from each other (See the rejection above)
Baer does not disclose discloses the second appliance energy source supply system comprises a third appliance energy source supply subsystem; and the third appliance energy source supply subsystem is configured to receive the first energy source from the first hub energy source supply subsystem and a second appliance vehicle configured to transported the second appliance energy source supply system and
wherein: the second appliance energy source supply system comprises a fourth appliance energy source supply subsystem configured to make available the second energy source to the second receiver vehicle.
However, Brown discloses the second appliance energy source supply system comprises a third appliance energy source supply subsystem; and the third appliance energy source supply subsystem is configured to receive the first energy source from the first hub energy source supply subsystem and a second appliance vehicle configured to transported the second appliance energy source supply system and
. wherein: the second appliance energy source supply system comprises a fourth appliance energy source supply subsystem configured to make available the second energy source to the second receiver vehicle. (Fig. 1 and 2c, Brown discusses more than one energy source supply appliance and appliance vehicle and all the energy supply can provide energy to any energy source supply appliance.).
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing of the invention to have used the teaching of Brown with the device Baer, motivated by the desire to transport a plurality of energy in order save cost.
Re Claim 12; Baer discloses wherein the hub energy source supply system operates within a hub operating zone;
The first energy source supply appliance operates within a first appliance operating zone;
The second energy source supply appliance operates within a second appliance operating zone and the hub operating zone, the first appliance operating zone, and the second appliance operating zone are different than each other (Fuel tanks are known to deliver fuel to specific customers)
Re Claims 13; Baer discloses wherein: the first appliance territorial operating zone and the second appliance territorial operating zone as discussed above. Baer does not disclose overlap each other.
However, it would have been obvious to one of the ordinary skilled in the art at the filing of the invention to have the territorial operating zone overlap with each other in order to fuel easily accessible to the users.
Re Claim 15; Hunter discloses the fourth appliance energy source supply subsystem is further configured to: receiver the first energy from the first energy source supply subsystem or the third appliance energy source supply subsystem; and convert the first source to the second energy source. (Par 0010 or 0025)
Claims 16 are rejected under 35 U.S.C. 103 as being unpatentable over Baer et al. (US 2009/0187416) in view of Hunter and further in view of Myers, Brown and Hall et al. (US 20170363432)
Re Claims 16; Baer discloses the first and second fuel sources as discuss above.
Baer does not disclose that the first energy source comprises a hydrogen fuel energy source; and the second energy source comprises an electrical energy source.
However, Hall discloses comprises a hydrogen fuel energy source; and the second energy source comprises an electrical energy source. (Par. 0030)
Therefore, it would have been obvious to one of the ordinary skilled in the art at the filing of the invention to have Baer fuel station provide hydrogen fuel to the vehicle since they are also considered clean energy or fuel in order to reduce emission provided by other non-green vehicles.
Response to Arguments
Applicant's arguments filed 02/26/2026 have been fully considered but they are not persuasive.
Applicant argues that the combination does not disclose the amended independent claims 1, 17, 19, and 21 require, in part, "a first appliance energy source supply system comprising: a first appliance energy source supply subsystem comprising a pressure regulator and a thermal control device comprising a restrictive flow orifice, wherein: the first appliance energy source supply subsystem is configured to receive, using the pressure regulator, a first energy source from the first hub energy source supply subsystem; and the first energy source from the first hub energy source supply subsystem passes through the restrictive flow orifice" (emphasis added by bolding text).
However, the Examiner respectfully disagree, applicant’s description (Par 00229) discloses a valve used in regulating the flow of the hydrogen.
Baer on the other hand in (Par 0041-45) discloses the flow of fuel and how to control the amount of fuel using the valve.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL KESSIE whose telephone number is (571)272-4449. The examiner can normally be reached on Monday-Friday 8am-5pmEst.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rexford Barnie can be reached on (571) 272-7492. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL KESSIE/
04/20/2026
Primary Examiner, Art Unit 2836
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