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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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 1-16 and 18-36 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2011-73741 A, of which a copy of the Japanese document was provided with the Information Disclosure Statement dated March 17, 2023, and with a machine translation provided with the Office Action mailed April 29, 2026, and further in view of Trevisan et al. (US 2014/0272612), cited in the Information Disclosure Statement dated December 23, 2022.
Regarding independent claim 1, as well as claims 14 and 15, JP ‘741 discloses an electrochemical system (abstract; pages 3-5 of the translation under the heading [First Embodiment]; and Figures 1-6 and 9), in which the electrochemical (fuel cell) system comprises the following structural features:
a skid (skid base (3)) comprising a deck (buffer part (40)) and at least one pedestal (elastic bodies (42)) connected to and supporting the deck (40) – see abstract; pages 3-5 of the translation under the heading [First Embodiment]; and Figures 1-6 and 9); and
a plurality of modules comprising at least one electrochemical module (1) located on the deck (40) of the skid (3) – see abstract; pages 3-5 of the translation under the heading [First Embodiment]; and Figures 1-6 and 9).
Although JP ‘741 discloses the features of independent claim 1 above, including that Figure 3 shows a skid (3) having a pair of long-side frames (3a), a pair of short-side frames (3b), and rib members (3e,3f) that serve to support and secure the skid (see page 4 of translation in the paragraphs beginning with “As shown in FIG. 2” and “As shown in FIG. 2”; and Figures 2 and 3), JP ‘741 does not explicitly disclose at least one L-bracket mounted to the skid and an anchoring system comprising a concrete anchor or an earth anchor extending through the (at least one) L-bracket to anchor the system to the ground, as well as a Z-bracket including a first portion having a first surface configured to contact a surface of the skid and a second portion having a second surface contacting the ground, and an anchor extending through the second portion of the Z-bracket and into the ground such that the first surface of the first portion of the Z-bracket clamps against the surface of the skid.
However, Trevisan et al. disclose that the skid (20a) that holds the power modules (12) is supported by at least one pre-cast base or pad (20) that can be made of concrete (as a concrete anchor of an anchoring system) and would be connected to one another by pins (21a,21b) rather than by brackets (see paragraphs [0051]-[0056]; and Figures 3A and 3B). In addition, Trevisan et al. disclose that the skid (20a) includes a peripheral frame (101) and cross members (103) to provide additional strength and rigidity to the skid (20a), such that one of ordinary skill in the art would have recognized that use of additional supporting structures of Trevisan et al. that hold the skid (20a) onto the pre-cast base or pad (20) would be further secured by the use of brackets (e.g. at least one L-bracket mounted to the skid and a Z-bracket including a first (contacting) portion and a second (anchoring or clamping) portion as an anchoring system, instead of or in addition to the peripheral frame (101) and cross members (103), since use of one securing element for another would be considered as simple substitution of one known element for another to obtain predictable results (see MPEP 2143), for the purpose of obtaining additional strength and rigidity to the skid with improved mounting and supporting of the skid onto the pre-cast base or pad (Trevisan et al; paragraph [0125]).
It would have been obvious to one of ordinary skill in the art at the time the applicants’ invention was made to modify the electrochemical system disclosed by JP ‘741, by providing at least one L-bracket mounted to the skid and a concrete anchor or an earth anchor extending through the (at least one) L-bracket to anchor the system to the ground as an anchoring system, as well as a Z-bracket including a first portion having a first surface configured to contact a surface of the skid and a second portion having a second surface contacting the ground, and an anchor extending through the second portion of the Z-bracket and into the ground such that the first surface of the first portion of the Z-bracket clamps against the surface of the skid, as taught/suggested by Trevisan et al., in order to improve mounting and supporting of the skid onto the pre-cast base or pad (Trevisan et al.; paragraphs [0051]-[0057] and [0125]).
Regarding claim 2, JP ‘741 discloses that the electrochemical system comprises a fuel cell power generating system (100), and the at least one electrochemical module (1) comprises at least one fuel cell power module – see abstract; pages 3-5 of the translation under the heading [First Embodiment]; and Figures 1-6 and 9.
Regarding claims 3, 4, and 18, although the combined teachings of JP ‘741 and Trevisan et al. disclose and/or suggest the features of the combination of claims 1 and 2 above, JP ‘741 does not explicitly disclose that the plurality of modules comprises a plurality of the fuel cell power modules in multiple rows extending along a length of the skid, each containing a hot box, a fuel processing module fluidly coupled to the plurality of fuel cell power modules, and a power conditioning module electrically coupled to the plurality of fuel cell modules, wherein the fuel processing module and the power conditioning module are located adjacent to the multiple rows of fuel cell power modules.
However, Trevisan et al. disclose a modular fuel cell system (abstract; paragraphs [0008], [0009], [0037]-[0049], and [0125]-[0133]; and Figures 1 and 24-28), in which the fuel cell system includes a plurality of fuel cell power modules (12) provided in multiple rows along a length of a skid and configured to house one or more hot boxes (13), a fuel processing module (16) fluidly coupled to the plurality of fuel cell power modules (12), and a power conditioning module (18) electrically coupled to the plurality of fuel cell modules and being located adjacent to the multiple rows of fuel cell power modules (12), in which these additional features of the modular fuel cell system are advantageous for continuing operation of the fuel cell system without shutting the entire fuel cell system down if one stack of fuel cells in one hot box is taken off line for servicing (see paragraphs [0047]-[0049]).
It would have been obvious to one of ordinary skill in the art at the time the applicants’ invention was made to modify the electrochemical system disclosed by JP ‘741, by using a plurality of power modules provided in multiple rows along a length of a skid and configured to house one or more hot boxes, a fuel processing module fluidly coupled to the plurality of fuel cell power modules, and a power conditioning module electrically coupled to the plurality of fuel cell modules and being located adjacent to the multiple rows of fuel power modules in order to continue operation of the fuel cell system without shutting the entire fuel cell system down if one stack of fuel cells in one hot box is taken off line for servicing (Trevisan et al.; paragraphs [0047]-[0049]).
Regarding claim 5, the combined teachings of JP ‘741 and Trevisan et al. disclose/suggest the features of the combination of claims 1, 2, and 4 above, including that the electrochemical system of Trevisan et al. further comprises ancillary equipment having at least a water distribution system (33), a telemetry cabinet (35), and a power distribution system (37) – see paragraphs [0126]-[0128]; and Figures 26 and 27.
Regarding claims 6 and 7, the combined teachings of JP ‘741 and Trevisan et al. disclose/suggest the features of the combination of claims 1, 2, 4, and 5 above, including that the electrochemical system of Trevisan et al. further comprises the fuel cell power modules (12) to be located on a first side (21) of the skid (metal base (20a) – see paragraph [0126] and Figures 24-26), wherein the ancillary equipment (33,35,37) is located on a second side (23) of the skid (20a), and the fuel processing module (16) and the power conditioning module (18) are located between the fuel cell power modules (12) and the ancillary equipment (33,35,37) that further includes a disconnect system mounted to a side surface of the skid (20a) – see paragraphs [0126]-[0129] and Figures 24-28.
Regarding claims 8 and 9, the combined teachings of JP ‘741 and Trevisan et al. disclose/suggest the features of the combination of claims 1-3 above, including that the electrochemical system of Trevisan et al. further comprises a skid (20a) that is laterally-spaced from the modules located on the skid (20a), but do not explicitly disclose that a fuel injector/regulator apparatus is mounted to the skid, in which one or more bracket members extend between the skid and the fuel injector/regulator apparatus and support the fuel injector/regulator apparatus above ground-level and laterally-spaced away from the modules located on the skid. However, one of ordinary skill in the art would have recognized that a supply of fuel in the modular fuel cell system enclosure (10) of Trevisan et al. would include fuel inlets held in place by securing elements (e.g. brackets) to one or more fuel processing modules (16), and fuel inlets thereof would be selectively formed as fuel injectors, since use of one type of fuel inlet for another would be considered as simple substitution of one known element for another to obtain predictable results (see MPEP 2143), for the purpose of improving introduction of one or more types of fuel into the fuel processing modules (see paragraph [0042] of Trevisan et al.). Moreover, use of one securing element (including via brackets) for another would be considered as simple substitution of one known element for another to obtain predictable results (see MPEP 2143), for the purpose of strengthening connections.
Regarding claims 10 and 11, the combined teachings of JP ‘741 and Trevisan et al. disclose/suggest the features of the combination of claims 1-3 above, including that the electrochemical system of Trevisan et al. further comprises multiple skids (20a), with each skid (20a) including a plurality of fuel cell power modules (12), a fuel processing module (16), and a power conditioning module (18) located on a deck (surface) of the respective skid (20a), and the electrochemical system further comprises inter-skid (plumbing) connections configured to share at least one of water, fuel, and/or power between the respective skids (20a), wherein a first portion of the inter-skid (plumbing) interconnections is located on a first skid (20a) of the pair of adjacent skids (20a) and a second portion of the plumbing interconnections is located on a second skid (20a) of the pair of adjacent skids (20a) – see paragraphs [0129]-[0133] and Figure 28. Moreover, although the combined teachings do not explicitly disclose that a fuel injector/regulator apparatus is mounted to the skid and includes a splitter configured to direct first and second portions of fuel flow, one of ordinary skill in the art would have recognized that a supply of fuel in the modular fuel cell system enclosure (10) of Trevisan et al. would include fuel inlets in the form of a fuel injector/regulator apparatus to be mounted to a first skid (20a), and further include a splitter to be coupled to the fuel injector/regulator apparatus for directing a first portion of the fuel flow from an outlet of the fuel injector/regulator apparatus to the first skid (20a) and a second portion of the fuel flow from the outlet of the fuel injector/regulator apparatus to a second skid (20a). Moreover, and as applicable to applicants’ claims 8 and 9 above, the fuel inlets thereof would be selectively formed as fuel injectors (fuel injector/regulator apparatus), since use of one type of fuel inlet for another would be considered as simple substitution of one known element for another to obtain predictable results (see MPEP 2143), for the purpose of improving introduction of one or more types of fuel into the fuel processing modules (see paragraph [0042] of Trevisan et al.).
Regarding claims 12 and 13, although the combined teachings of JP ‘741 and Trevisan et al. disclose and/or suggest the features of independent claim 1 above, including the use of a forklift and crane for transporting the at least one electrochemical module (see the last full paragraph on page 4 of the translation beginning with “The packaged fuel cell power generator…”), JP ‘741 does not explicitly disclose that the skid comprises at least one fork pocket configured to receive forklift prongs for at least one of transport, installation, or removal of the system, in which the skid comprises lift points configured to facilitate engagement to a crane for at least one of lifting, lowering, or moving the system.
However, Trevisan et al. disclose that since internal components of the power module (12) of the modular fuel cell system may need to be periodically removed, a forklift would be used to engage two fork pockets (lift points configured to facilitate engagement with a crane or other lifting device) of a hot box and/or other portions of the power module (12) to remove the internal components (see paragraph [0105]), for the purpose of more easily removing internal components to be serviced, repaired, or replaced (see paragraph [0105] of Trevisan et al.).
It would have been obvious to one of ordinary skill in the art at the time the applicants’ invention was made to modify the electrochemical system disclosed by JP ‘741, by providing the skid with at least one fork pocket configured to receive forklift prongs for at least one of transport, installation, or removal of the system, in which the skid comprises lift points configured to facilitate engagement to a crane for at least one of lifting, lowering, or moving the system, as taught by Trevisan et al., in order to provide easier removal of internal components to be serviced, repaired, or replaced (Trevisan et al.; paragraph [0105]).
Regarding claim 16, although the combined teachings of JP ‘741 and Trevisan et al. disclose and/or suggest the features of independent claim 1 above, JP ‘741 does not explicitly disclose a second skid, wherein the skid and the second skid comprise a pair of skids, in which at least one outrigger is mounted to and extends between the pair of skids.
However, Trevisan et al. disclose that the metal base (20a) is a skid (20a) that may be fabricated in sections to be affixed to each other to form a unitary base having multiple portions (21,23), and would be deemed as multiple skids (20a) – see paragraphs [0125]-[0133]; and Figures 24-28, such that at least one outrigger (support structure) would be mounted to the skids (20a), since one of ordinary skill in the art would have recognized that use of additional supporting structures of Trevisan et al. that hold the skid (20a) onto the pre-cast base or pad (20) would be further secured by the use of at least one outrigger, instead of or in addition to the peripheral frame (101) and cross members (103), since use of one securing element for another would be considered as simple substitution of one known element for another to obtain predictable results (see MPEP 2143), for the purpose of obtaining additional strength and rigidity to the skid with improved mounting and supporting of the skid onto the pre-cast base or pad (Trevisan et al; paragraph [0125]).
Regarding claims 19 and 20, although the combined teachings of JP ‘741 and Trevisan et al. disclose/suggest the features of the combination of claims 1, 2, and 18 above, including that Trevisan et al. disclose a fuel processing module (16) fluidly coupled to a plurality of fuel cell power modules (12) and a power conditioning module (18) electrically coupled to the plurality of fuel cell modules and being located adjacent to the multiple rows of fuel cell power modules (12), one of ordinary skill in the art would have recognized that the metal base (20a) of Trevisan et al. is a skid (20a) that may be fabricated in sections to be affixed to each other to form a unitary base having multiple portions (21,23), and would be deemed as multiple skids (20a) – see paragraphs [0125]-[0133] and Figures 24-28. In this instance, one of ordinary skill in the art would have configured one or more of multiple skids to accommodate at least one of the plurality of fuel cell power modules, the fuel processing module, and the power conditioning module to be either within a single skid or over multiple skids, such that the skid comprises one of multiple skids that each include a row of fuel cell power modules and a power conditioning module on the deck of a respective one of the multiple skids that further comprises a fuel processing module, for the purpose of increasing the number of these modules to increase power output and for continuing operation of the fuel cell system without shutting the entire fuel cell system down if one stack of fuel cells in one hot box is taken off line for servicing (Trevisan et al.; paragraphs [0047]-[0049]).
Regarding claim 21, the combined teachings of JP ‘741 and Trevisan et al. disclose/suggest the features of the combination of claims 1, 2, 18, and 19 above, including that the electrochemical system of Trevisan et al. further comprises a centralized desulfurization unit (80) of the fuel processing module (16) – see Figure 17 and paragraphs [0114]-[0123], as well as at least one gas and water distribution module (GDM) in cooperation with ancillary equipment (including the water distribution system (33)), and would be fluidly coupled to the centralized desulfurization unit (80), wherein the at least one GDM is fluidly coupled to the multiple skids (20a) – see paragraphs [0125]-[0133] and Figures 24-28.
Regarding claims 22 and 23, the combined teachings of JP ‘741 and Trevisan et al. disclose/suggest the features of the combination of claims 1, 2, 18, and 19 above, including that the electrochemical system of Trevisan et al. further comprises a system power distribution unit electrically coupled to the multiple skids (20a), wherein the system power distribution unit comprises at least one transformer as part of ancillary equipment that includes a power distribution system (37) defining one or more circuit breakers and/or relays – see paragraphs [0126]-[0128]; and Figures 26 and 27.
Regarding claims 24-26, the combined teachings of JP ‘741 and Trevisan et al. disclose/suggest the features of the combination of claims 1, 2, 18, 19, and 22 above, including that the electrochemical system of Trevisan et al. further comprises a housing of an above-ground cable assembly as a tray (see Figure 28) extending between the system power distribution unit and the multiple skids (20a), wherein the housing contains electrical connections between the multiple skids (20a) and the system power distribution unit as part of a power input/output (141) of Figure 28 (see paragraphs [0129]-[0131]) from ancillary equipment that includes a power distribution system (37) defining one or more circuit breakers and/or relays (see paragraphs [0126]-[0128]; and Figures 26 and 27), in which at least one above-ground plumbing connection (at least one of a water conduit or a fuel conduit) to the multiple skids is mounted to the cable tray in the housing (see paragraphs [0129]-[0131] and Figure 28 of Trevisan et al.).
Regarding claims 27-29, the combined teachings of JP ‘741 and Trevisan et al. disclose/suggest the features of the combination of claims 1, 2, 18, 19, 22, and 24 above, including that the electrochemical system of Trevisan et al. further comprises a power conditioning module (18) electrically coupled to the plurality of fuel cell modules and being located adjacent to the multiple rows of fuel cell power modules (12) that serve as a microgrid system (rows of modules) and are operable to convert generated DC power to AC power (see paragraph [0043] of Trevisan et al.), and further including an above-ground cable assembly as a tray (see Figure 28), as applied to applicants’ claim 27, one of ordinary skill in the art would have selectively allocated the first housing of the cable tray to include AC power connections between the multiple skids (20a), and the second housing of the cable tray that is vertically stacked above or below the first housing of the cable tray to include DC power connections between the rows of power modules and the microgrid system, wherein the cable tray further comprises first DC power connections between the multiple skids (20a) and a centralized inverter of the system power distribution unit, and second DC power connections between the system power distribution unit and the microgrid system, wherein ancillary equipment of Trevisan et al. includes a power distribution system (37) defining one or more circuit breakers and/or relays, as well as power connections (see paragraphs [0126]-[0128]; and Figures 26 and 27). In this instance, allocation of these structural features would have been obvious to try by one of ordinary skill in the art since such allocation is conducted by choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, in which these additional features of the modular fuel cell system are advantageous for continuing operation of the fuel cell system without shutting the entire fuel cell system down if one stack of fuel cells in one hot box is taken off line for servicing (see paragraphs [0047]-[0049]).
Regarding claim 30, the combined teachings of JP ‘741 and Trevisan et al. disclose/suggest the features of the combination of claims 1, 2, 18, and 19 above, including that the multiple skids (20a) of Trevisan et al. hold the power modules (12) that are supported by at least one pre-cast base or pad (20) that can be made of concrete or similar material and would be connected to one another by pins (21a,21b) – see paragraphs [0051]-[0056]; and Figures 3A and 3B). In this instance, the recitation of mounting of multiple skids (20a) atop at least one pre-cast base or pad (20) made of concrete or similar material would be within the purview of being mounted directly onto a continuous surface comprising at least one of asphalt, compacted aggregate, or permeable pavers. Moreover, one of ordinary skill in the art would have recognized that use of one type of continuous surface for another would be considered as simple substitution of one known element for another to obtain predictable results (see MPEP 2143), for the purpose of obtaining additional strength and rigidity to the skid with improved mounting and supporting of the skid onto the pre-cast base or pad (Trevisan et al; paragraphs [0051]-[0056 and [0125]).
Regarding claim 31, although the combined teachings of JP ‘741 and Trevisan et al. disclose and/or suggest the features of independent claim 1 above, JP ‘741 does not disclose that the electrochemical system comprises a hydrogen generation system, and the at least one electrochemical module comprises at least one electrolyzer module.
However, Trevisan et al. disclose that the fuel processing module (16) is fluidly coupled to the plurality of fuel cell power modules (12), wherein the fuel processing module (16) optionally includes a reformer (17), and/or providing natural gas or hydrogen containing fuels to serve in cooperation with at least one electrolyzer module (see paragraph [0042]), for the purpose of processing different types of fuel without the necessity of an external reformer (see paragraph [0042]).
It would have been obvious to one of ordinary skill in the art at the time the applicants’ invention was made to modify the electrochemical system disclosed by JP ‘741, by providing a hydrogen generation system, and further with at least one electrochemical module comprising at least one electrolyzer module, as taught by Trevisan et al., in order to process different types of fuel without the necessity of an external reformer (Trevisan et al.; paragraph [0042]).
Regarding claim 32, the combined teachings of JP ‘741 and Trevisan et al. disclose/suggest the features of the combination of claims 1 and 31 above, but do not explicitly disclose that the skid comprises one of multiple skids that each include a plurality of electrolyzer modules on the deck of the respective skid. However, when taken in view of the multiple skids (20a) in combination with the plurality of fuel cell power modules (12) and wherein the fuel processing module (16) optionally includes a reformer (17) and/or providing natural gas or hydrogen containing fuels to serve in cooperation with at least one electrolyzer module (see paragraph [0042]), as applicable to applicants’ claim 31, one of ordinary skill in the art would have recognized that addition of one or more electrolyzer modules to a respective skid would further increase efficiency in terms of power output while continuing to process different types of fuel without the necessity of an external reformer (see paragraph [0042]). Moreover, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claims 33-35, the combined teachings of JP ‘741 and Trevisan et al. disclose/suggest the features of the combination of claims 1, 31, and 32 above, including that the multiple skids (20a) of Trevisan et al. comprise pairs of adjacent skids (20a), wherein plumbing interconnections (see paragraphs [0129]-[0133] and Figure 28) extend between the electrolyzer modules on the pair of adjacent skids, such that the plumbing interconnections (e.g. fuel, water etc. in paragraph [00129] of Trevisan et al.) would be recognized by one of ordinary skill in the art to be located on either the same or separate plumbing skids located between the pairs of adjacent skids (20a) including the plurality of electrolyzer modules (in referring to paragraph [0042] as applied to applicants’ claims 31 and 32 above), wherein the pairs of adjacent skids abut one another, and a first portion of the plumbing interconnections is located on a first skid (20a) of the pair of adjacent skids (20a) and a second portion of the plumbing interconnections is located on a second skid (20a) of the pair of adjacent skids (20a) – see paragraphs [0129]-[0133] and Figure 28.
Regarding claim 36, as applied similarly to applicants’ claim 24 above, the combined teachings of JP ‘741 and Trevisan et al. disclose/suggest the features of the combination of claims 1, 2, 18, 19, 22, and 31 above, including that the electrochemical system of Trevisan et al. further comprises a housing of an above-ground cable assembly as a tray (see Figure 28) extending between the system power distribution unit and the multiple skids (20a), wherein the housing contains electrical connections between the multiple skids (20a) and the system power distribution unit as part of a power input/output (141) of Figure 28 (see paragraphs [0129]-[0131]) from ancillary equipment that includes a power distribution system (37) defining one or more circuit breakers and/or relays (see paragraphs [0126]-[0128]; and Figures 26 and 27).
Claim 17 and new claims 48-51 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2011-73741 A, and further in view of Nguyen (US 2019/0319231), cited in the Information Disclosure Statement dated March 17, 2023.
Regarding independent claim 17, although JP ‘741 discloses the features of independent claim 1 above, JP ‘741 does not disclose a docking station that comprises a housing containing at least one utility stub within the interior of the housing, at least one opening in a surface of the housing, and at least one cable or fluid conduit coupled to the at least one utility stub contained within the interior of the housing and extending from the opening in the surface of the housing to the skid.
However, Nguyen discloses a modular battery power storage and generation system (abstract; paragraphs [0056]-[0058], [0068], and [0069]; and Figures 4D, 5, and 6), in which the modular battery power storage and generation system includes a docking station (400) having a housing that supports several power storage systems (200), wherein the housing includes multiple openings in its surface for enclosing at least one cable or fluid conduit to at least one utility stub within the housing (see Figures 4D, 5, and 6), for the purpose of selectively providing DC or AC power for a wide variety of electrical equipment at remote locations (see abstract and paragraph [0056]).
It would have been obvious to one of ordinary skill in the art at the time the applicants’ invention was made to modify the electrochemical system disclosed by JP ‘741, by providing a docking station comprising a housing from which at least one cable or fluid conduit extends, as taught by Nguyen, in order to selectively provide DC or AC power for a wide variety of electrical equipment at remote locations (Nguyen; abstract; and paragraph [0056]).
Regarding new claims 48-51, and in referring to the rejection of independent claim 17 above in view of the combined teachings of JP ‘741 and Nguyen, it is addressed above that Nguyen discloses a modular battery power storage and generation system (abstract; paragraphs [0056]-[0058], [0068], and [0069]; and Figures 4D, 5, and 6), in which the modular battery power storage and generation system includes a docking station (400) having a housing that supports several power storage systems (200), wherein the housing includes multiple openings in its surface for enclosing at least one cable or fluid conduit to at least one utility stub within the housing (see Figures 4D, 5, and 6), for the purpose of selectively providing DC or AC power for a wide variety of electrical equipment at remote locations (see abstract and paragraph [0056]). Moreover, since Nguyen discloses that the housing includes multiple openings in its surface, one of ordinary skill in the art would have readily contemplated that the surface of the housing would include one or more of top, side, or bottom (from underground) surface(s) for including at least one of the multiple openings for provision of the at least one utility stub for fuel, water, and electricity, including separation between the at least one utility stub within the housing by an interior divider, as well as correspondingly providing at least one conduit or cable (which would be attached to a housing via a grommet or chase, as one of ordinary skill in the art would have recognized for the purpose of securing the conduit(s) and/or /cable(s)) in a surface of the housing (see Figures 4D, 5, and 6 of Nguyen), for the purpose of selectively providing DC or AC power for a wide variety of electrical equipment at remote locations (see abstract and paragraph [0056]).
It would have been obvious to one of ordinary skill in the art at the time the applicants’ invention was made to modify the electrochemical system disclosed by JP ‘741, by providing a docking station comprising a housing from which at least one cable or fluid conduit extends, including the additional structural features of new claims 48-51 discussed above, as taught/suggested by Nguyen, in order to selectively provide DC or AC power for a wide variety of electrical equipment at remote locations (Nguyen; abstract; and paragraph [0056]).
Response to Arguments
The examiner acknowledges the applicants’ amendment and replacement drawing sheets received by the USPTO on July 28, 2026. The replacement drawing sheets and amendments to the specification overcome the prior objections to the drawings. The amendments overcome the prior objections to the specification and claims, as well as the prior 35 USC 112(b) rejections. Although the applicants have amended independent claim 1 to overcome the prior 35 USC 102(a)(1) rejection, new 35 USC 103 rejections are provided in the above sections. The applicants have also amended claim 17 to be in independent form. The applicants have cancelled non-elected claims 37-47 and have added new claims 48-51. Claims 1-36 and 48-51 are currently under consideration in the application.
Applicants' arguments filed July 28, 2026 have been fully considered but they are not persuasive.
With regard to the applicants’ remarks/arguments on pages 27-30 of the amendment, the applicants first argue (throughout pages 27-29 of the REMARKS section) that the amendment “an anchoring system comprising one or more earth anchors or concrete anchors configured to anchor the skid to the ground” of independent claim 1 is neither disclosed nor suggested by the combined teachings of JP ‘741 and Trevisan et al. The examiner respectfully disagrees, and it is first noted that the claimed “anchoring system” is also included as amendments that are now provided in applicants’ dependent claims 14 and 15. The teachings of Trevisan et al. include a skid (20a) that has a peripheral frame (101) and cross members (103), wherein the skid (20a) is supported by at least one pre-cast base or pad (20) that can be made of concrete (see paragraphs [0051]-[0056]; and Figures 3A and 3B), and such teachings would be considered as an “anchoring system”, as claimed. In the paragraph bridging pages 27 and 28 of the REMARKS section, the applicants argue that the apparatus of JP ‘741 would not be properly combined with any type of anchoring means, including the “one or more piers 25a or curbs 25b” that “may be sunk into the ground” in paragraph [0127] of Trevisan et al. Although the examiner agrees that the teachings in paragraph [0127] of Trevisan et al. would be considered as “load-bearing foundations”, the examiner respectfully disagrees that these would not be considered as an “anchoring system”, as well as a “concrete anchors” or “earth anchors” (of independent claim 1 and claim 14) under the broadest reasonable interpretation of the claims. Moreover, Trevisan et al. provide motivation for combining these additional features with the electrochemical system of JP ‘741, namely by improving mounting and supporting of the skid onto the pre-cast base or pad (see Trevisan et al.; paragraphs [0051]-[0057] and [0125]). In response to the applicants' argument (in the 1st full paragraph on page 28 of the REMARKS section) that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). With regard to the applicants’ remarks in the 2nd full paragraph on page 29 of the REMARKS section, it is noted that new claims 48-51 were added by applicants, and that there does not appear to be any “New claim 52” of record.
Regarding the applicants’ argument bridging pages 29 and 30 of the REMARKS section, the applicants argue that the combined teachings of JP ‘741 and Nguyen do not disclose the “at least one fluid conduit coupled to the at least one utility stub contained within the interior of the housing and extending from the opening in the surface of the housing to the skid”. Similarly to the 35 USC 103 rejection of claims 1-16 and 18-36, the applicants further argue that these references are not properly combined in the 35 USC 103 rejection applied to claims 17 and 48-51. The examiner respectfully disagrees. In referring to Nguyen (see abstract; paragraphs [0056]-[0058], [0068], and [0069]; and Figures 4D, 5, and 6), the modular battery power storage and generation system includes a docking station (400) having a housing that supports several power storage systems (200), wherein the housing includes multiple openings in its surface for enclosing at least one cable or fluid conduit to at least one utility stub within the housing (see Figures 4D, 5, and 6), for the purpose of selectively providing DC or AC power for a wide variety of electrical equipment at remote locations (see abstract and paragraph [0056]). In addition, one of ordinary skill in the art would have recognized that the supply of power for electrical equipment would be further associated with cooling or fluid conduits for providing cooling to high temperatures generated by the electrical equipment. Although the applicants also argue that JP ‘741 and Nguyen are not properly combined in the 35 USC 103 rejection, Nguyen provides motivation for selectively providing DC or AC power for a wide variety of electrical equipment at remote locations (Nguyen; abstract; and paragraph [0056]). In response to the applicants' arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In view of the 35 USC 103 rejections and for these additional reasons, claims 1-36 and 48-51 remain rejected.
Conclusion
THIS ACTION IS MADE FINAL. 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 KEVIN P KERNS whose telephone number is (571)272-1178. The examiner can normally be reached Monday-Friday 8am-430pm.
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/KEVIN P KERNS/Primary Examiner, Art Unit 1735 September 25, 2026
