Prosecution Insights
Last updated: May 04, 2026
Application No. 18/237,524

ELECTROLYSIS SYSTEM WITH A GEOTHERMALLY HEATED FEED STREAM

Non-Final OA §102§103
Filed
Aug 24, 2023
Examiner
COHEN, BRIAN W
Art Unit
1759
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Enhancedgeo Holdings LLC
OA Round
1 (Non-Final)
54%
Grant Probability
Moderate
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
345 granted / 635 resolved
-10.7% vs TC avg
Strong +48% interview lift
Without
With
+47.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
26 currently pending
Career history
661
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
53.8%
+13.8% vs TC avg
§102
17.4%
-22.6% vs TC avg
§112
22.0%
-18.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 635 resolved cases

Office Action

§102 §103
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 § 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 16 is rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US 7,891,188 of Zachar . As to claim16, Zachar teaches of a system, comprising: a wellbore extending from a surface underground, the wellbore configured to heat a heat transfer fluid via heat exchange thereby forming a heated heat transfer fluid ( Zachar , col 5 line 39 thru col 6 line 50 and Fig. 4 ); a heat exchanger configured to heat a feed stream using the heated heat transfer fluid, thereby forming a heated feed stream, wherein the feed stream comprises water ( Zachar , col 5 line 39 thru col 6 line 50 and Fig. 4 ); and an electrolyzer configured to: receive the heated feed stream; generate hydrogen and oxygen from the received heated feed stream; and provide the generated hydrogen for storage ( Zachar , col 5 line 39 thru col 6 line 50 and Fig. 4 ). As seen in Fig. 4, a brine solution is fed into a production well (wellbore) such that the brine is used as a heat transfer fluid. The hot brine is then sent to a heat exchanger to heat water to produce a heated feed stream (comprising water) that is then sent to an electrolyzer to produce oxygen and hydrogen gases which can be used and/or stored. 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 . Claim s 1- 2 and 8 - 9 are rejected under 35 U.S.C. 103 as being unpatentable over US 7,891,188 of Zachar in view of US 2024/0229268 of Goto et al . It is noted that Goto has an effective filing date of the foreign application from which it claims priority. Furthermore the WO application from which the US application is a CON was published on 8/3/2023 (see WO 2023/145767A1). As to claims 1 and 8, Zachar teaches of a system, comprising: a wellbore extending from a surface underground, the wellbore configured to heat a heat transfer fluid via heat exchange thereby forming a heated heat transfer fluid ( Zachar , col 5 line 39 thru col 6 line 50 and Fig. 4 ) ; a heat exchanger configured to heat a feed stream using the heated heat transfer fluid, thereby forming a heated feed stream, wherein the feed stream comprises water ( Zachar , col 5 line 39 thru col 6 line 50 and Fig. 4 ) ; and an electrolyzer configured to: receive the heated feed stream; generate hydrogen and oxygen from the received heated feed stream; and provide the generated hydrogen for storage ( Zachar , col 5 line 39 thru col 6 line 50 and Fig. 4 ) . As seen in Fig. 4, a brine solution is fed into a production well (wellbore) such that the brine is used as a heat transfer fluid. The hot brine is then sent to a heat exchanger to heat water to produce a heated feed stream (comprising water) that is then sent to an electrolyzer to produce oxygen and hydrogen gases which can be used and/ or stored. Zachar does not specifically teach the wellbore extends from a surface into an underground magma reservoir. Goto teaches of geothermal energy systems ( Goto, Abstract ). Goto additionally teaches that one version of geothermal well utilization is to heat water using the heat from underground magma to heat the water which is then used to transfer heat energy to an electrolysis cell in order to raise the temperature of the electrolysis cell and keep it constant for an enhanced efficiency of the electrolysis ( Goto, [0040] – [0049], [0083] – [0084] and Fig. 3 ). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Zachar as per Goto so as to utilize an underground magma resource as a heating mechanism for heating a heat transfer fluid in order to sufficiently supply heat to the heat transfer fluid which in turns allows for improved efficiency and temperature control within the electrolysis apparatus. As to claims 2 and 9, Zachar in view of Goto teaches to the system of claims 1 and 8, respectively. Zachar additionally teaches a turbine configured to use the heated heat transfer fluid to generate electricity ( Zachar , col 5 line 45 thru col 6 line 4 and Fig. 4 ). Claims 3, 6, 7, 10, 13 and 14 a re rejected under 35 U.S.C. 103 as being unpatentable over Zachar in view of Goto as applied to the claims above, and further in view of US 7,331,179 of Balan et al . As to claims 3 and 10, Zachar in view of Goto teach to the system of claims 2 and 9 respectively. Zachar teaches the turbine generates electricity (see claims 2 and 9 above), but not that the electricity is used by the electrolyzer . Balan teaches of a power producing system using a geothermal energy source ( Balan, col 1 lines 33-53 ). Balan additionally teaches that a turbine within the system generates electricity such that the electricity is then used by the electrolyzer for electrolysis in generating hydrogen and oxygen gases, thus eliminating the need for electricity from an outside power grid ( Balan, col 2 lines 41-55, col 3 lines 16-25 and Figs. 2 and 3 ). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Zachar as per Balan so as to utilize the generated electricity for powering the electrolyzer in order to generate the desired hydrogen and oxygen gases (at the cathode and anode of the electrolyzer ) in a closed loop system. As to claims 6 and 13, Zachar in view of Goto teach to the system of claims 1 and 8 respectively. Zachar teaches that the system electrolyzer a heated water or heated solution to generate the oxygen and hydrogen gases ( Zachar , col 3 lines 43-46 ). Zachar does not teach the electrolyzer is an alkaline electrolyzer . Balan teaches of a power producing system using a geothermal energy source ( Balan, col 1 lines 33-53 ). Balan teaches that known liquid electrolyzers include alkaline electrolyzers ( Balan, col 1 lines 18-22 ). It is noted that Zachar teaches low and intermediate temperature electrolyzers ( Zachar , col 7 lines 7-10 ). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zachar as per Balan so as to utilize a known version of electrolyzer in generating the desired hydrogen and oxygen gases within the overall system. As to claims 7 and 14, Zachar in view of Goto teach to the system of claims 1 and 8 respectively. Zachar does not teach the electrolyzer feed comprises steam. Balan teaches of a power producing system using a geothermal energy source ( Balan, col 1 lines 33-53 ). Balan also teaches that in using geothermal energy sources, a more efficient system is one that uses steam as the heated feed source to the electrolyzer such that the overall heat exchange and electricity generating process allows for decreased electricity consumption within the system ( Balan, col 3 lines 4-32, col 4 lines 30-45 ). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zachar as per Balan so as utilize a steam electrolyzer so as to reduce the electricity consumption of the system by more effectively using the heat from the geothermal energy source. Claims 4 and 11 a re rejected under 35 U.S.C. 103 as being unpatentable over Zachar in view of Goto as applied to the claims above, and further in view of US 2025/0277318 of Strange . As to claims 4 and 11, Zachar in view of Goto teach to the system of claims 2 and 9. Zachar does not teach the electricity from the turbine powers a pump to supply the electrolyzer with the feed stream. Strange teaches a geothermal hydrogen production system ( Strange, [0002] ). Strange teaches that a turbine within the system generates electricity that is then used to power a pump to supply a feed stream to an electrolyzer such that in use of the system, external power supplies are not required ( Strange, [0295] – [0296] and [0276] – [0278] ). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Zachar as per Strange so as to utilize the electricity generated by the turbine to power the pump supplying the electrolyzer in order to facilitate movement of the feed stream to the electrolyzer without using an external power supply for electricity. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Zachar in view of Goto as applied to the claim 8 above, and further in view of US 2005/0217991 Dahlquist , Jr . As to claim 15, Zachar in view of Goto teach to the system of claim 8. Zachar does not teach that the heat exchanger comprises a coil around at least a portion of the electrolyzer . Dahlquist teaches of electrolyzer for oxygen and hydrogen production ( Dahlquist , [0013] ). Dahlquist additionally teaches that the electrolyzer is wrapped by a coil from a heat exchanger to control the temperature of the electrolyzer ( Dahlquist , [0074] – [0075] and Fig. 11 ). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Zachar as per Dahlquist so as to utilize the desired configuration of the heat exchanger in order to control the temperature of the electrolyzer within the system. Claims 1 7 and 20 a re rejected under 35 U.S.C. 103 as being unpatentable over Zachar as applied to the claim 16 above , and further in view of US 7,331,179 of Balan et al . As to claim 17 , Zachar additionally teaches a turbine configured to use the heated heat transfer fluid to generate electricity ( Zachar , col 5 line 45 thru col 6 line 4 and Fig. 4 ). Zachar does not teach the electricity is used by the electrolyzer . Balan teaches of a power producing system using a geothermal energy source ( Balan, col 1 lines 33-53 ). Balan additionally teaches that a turbine within the system generates electricity such that the electricity is then used by the electrolyzer for electrolysis in generating hydrogen and oxygen gases, thus eliminating the need for electricity from an outside power grid ( Balan, col 2 lines 41-55, col 3 lines 16-25 and Figs. 2 and 3 ). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Zachar as per Balan so as to utilize the generated electricity for powering the electrolyzer in order to generate the desired hydrogen and oxygen gases (at the cathode and anode of the electrolyzer ) in a closed loop system. As to claim 20, Zachar teaches to the system of claim 16. Zachar teaches that the system electrolyzer a heated water or heated solution to generate the oxygen and hydrogen gases ( Zachar , col 3 lines 43-46 ). Zachar does not teach the electrolyzer is an alkaline electrolyzer . Balan teaches of a power producing system using a geothermal energy source ( Balan, col 1 lines 33-53 ). Balan teaches that known liquid electrolyzers include alkaline electrolyzers ( Balan, col 1 lines 18-22 ). It is noted that Zachar teaches low and intermediate temperature electrolyzers ( Zachar , col 7 lines 7-10 ). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zachar as per Balan so as to utilize a known version of electrolyzer in generating the desired hydrogen and oxygen gases within the overall system. Claim 18 is r ejected under 35 U.S.C. 103 as being unpatentable over Zachar as applied to the claim 16 above, and further in view of US 2025/0277318 of Strange . As to claim 18, Zachar teaches to the system of claim 16. Zachar additionally teaches a turbine configured to use the heated heat transfer fluid to generate electricity ( Zachar , col 5 line 45 thru col 6 line 4 and Fig. 4 ). Zachar does not teach the generated electricity powers a pump to supply the electrolyzer with the feed stream. Strange teaches a geothermal hydrogen production system ( Strange, [0002] ). Strange teaches that a turbine within the system generates electricity that is then used to power a pump to supply a feed stream to an electrolyzer such that in use of the system, external power supplies are not required ( Strange, [0295] – [0296] and [0276] – [0278] ). Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Zachar as per Strange so as to utilize the electricity generated by the turbine to power the pump supplying the electrolyzer in order to facilitate movement of the feed stream to the electrolyzer without using an external power supply for electricity. Allowable Subject Matter Claims 5, 12 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 5, 12 and 19 require an absorption chiller t hat receives the heated heat transfer fluid, generates a cooling fluid and using the cooling fluid, cools a vessel for storing the generated hydrogen. There is no prior art that teaches a configuration of a chiller, obvious or anticipated, that discloses such a structure. The closest art is that of Balan (US 7,331,179) which teaches using a heat exchanger to cool the hydrogen, but there is no version of cooling the storage vessel ( Balan, Fig. 2 (28) ). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT BRIAN W COHEN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7961 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F: 9 am to 5 pm EST . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Curtis Mayes can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-1234 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. FILLIN "Examiner Stamp" \* MERGEFORMAT BRIAN W. COHEN Primary Examiner Art Unit 1759 /BRIAN W COHEN/ Primary Examiner, Art Unit 1759
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Prosecution Timeline

Aug 24, 2023
Application Filed
Mar 27, 2026
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
54%
Grant Probability
99%
With Interview (+47.6%)
3y 3m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 635 resolved cases by this examiner. Grant probability derived from career allowance rate.

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