DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election of Group I (i.e., claims 1-11 and 17) and Species I-A-I-a-1 and I-A-1-b-1 (i.e., claims 1-2 and 5-6) in the reply filed on 10/20/25 and 01/13/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Priority
Acknowledgment is made of applicant’s claim for domestic priority under 35 U.S.C. 119 (e).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/11/23 and 10/01/25 was considered by the examiner.
Drawings
The drawings were received on 03/02/23.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 and 5-6 are rejected under 35 U.S.C. 102a1 as being anticipated by Hall 5389459.
As to claims 1, 5-6:
Hall discloses that it is known in the art to make a metal oxide-hydrogen battery system 20 comprising a first enclosed vessel 26 containing battery units/cells 22; a second enclosed vessel 48 being remote from the first vessel and containing a solid state metal hydride producing hydrogen gas to thereby develop a pressure within the second vessel; and a conduit 54 (i.e., applicant’s fill tube) providing mass communication between the first compartment and the second compartment and a control valve 56 (i.e., taken to represent applicant’s undefined control device) for controlling the flow of hydrogen gas to the first vessel from the second vessel (Abstract; Col 1, lines 5-10; see CLAIMS 1-5; see Figures 1-2). Hall discloses that the unit cell 22 may be one of an array of cells (Col 4, lines 18-23), thereby envisioning more than one array of battery cells/vessels.
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Thus, the present claims are anticipated.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hall 5389459 as applied to claim 1 above, and further in view of Fritts 4395469.
Hall is applied, argued and incorporated herein for the reasons manifested supra. However, the preceding reference does not expressly disclose the control device including a compressor.
As to claim 2:
In this respect, in the same field of applicant’s endeavor, Fritts discloses that it is known in the art to make a nickel-hydrogen battery system including a pumping/compressing device 38 as part of the hydrogen charging path to efficiently deliver hydrogen gas to the nickel-hydrogen battery (COL 2, lines 45-46 & 62-65; see COL 2, line 26-65; see Figure 1).
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By compounding the above teachings, it would be within the purview of a skilled artisan prior to the effective filing date of the claimed invention to use the pumping/compressing device of Fritts in the metal hydrogen battery of Hall as Fritts teaches that the specifically disclosed pumping/compressing device is part of the hydrogen charging path to efficiently deliver hydrogen gas to the nickel-hydrogen battery, thereby assist in moving/transporting hydrogen reactant gas within the metal hydrogen battery, thereby effectively improving the flow of reactant gas for generation of electrochemical energy. Further, the claim would have been obvious because the technique for improving a particular class of devices was part of the ordinary capabilities of a person of ordinary skill in the art, in view of the teaching of the technique for improvement in other situations, or based upon the teaching of such improvement in other situations. Thus, one of ordinary skill in the art would have been capable of applying this known method of enhancement to a “base” device (method, or product) in the prior art and the results would have been predictable to one of ordinary skill in the art. Stated differently, use of known technique to improve similar devices (methods, or products) in the same way is prima-facie obvious. KSR International Co. v. Teleflex Inc., 550 US- 82 USPQ2d 1385, 1396 (2007). KSR, 550 U.S. at 417, 82 USPQ2d at 1396.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND ALEJANDRO whose telephone number is (571)272-1282. The examiner can normally be reached Monday-Thursday (8:00 am-6:30 pm).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas A. Smith can be reached at (571) 272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAYMOND ALEJANDRO/
Primary Examiner
Art Unit 1752
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