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 .
Election/Restrictions
Applicant’s election without traverse of Species A (figure 2) in the reply filed on 8/17/2026 is acknowledged.
Claims 1-5 and 11-14 are examined on the merits in this office action.
Claims 4-10 and 15-20 are withdrawn.
Claim Rejections - 35 USC § 102
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.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 11 is/are rejected under 35 U.S.C. 102a2 as being anticipated by Leo et al. (US 11909082 B2)
As to claim 1, Leo et al. discloses a method comprising:
fueling a reformer in a fuel cell power plant (110, figure 6) with natural gas (col. 6 lines 50-55); and directing an output (150) from the reformer into a CO2 capture system (125-fuel exhaust processing unit).
As to claim 11, A system comprising: a fuel cell power plant (105) including a reformer (110) that is supplied with natural gas (col. 6 lines 50-55); and
a CO2 capture system (125-fuel exhaust processing unit) that captures CO2 from an output of the reformer (col. 6 lines 60-67).
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.
Claim(s) 1-5 and 11-14 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohyauchi et al. (US4693945) in view of Leo et al. (US 11909082 B2).
As to claim 1, Ohyauchi et al. discloses a method comprising:
fueling a reformer in a fuel cell power plant with natural gas (col. 2 lines 50-57); but does not discloses directing an output from the reformer into a CO2 capture system.
Leo et al. discloses a carbon oxide capture system (125- fuel exhaust process unit). Leo et al. further teaches it would be advantageous to provide a fuel cell system that incorporates an internal mechanism to extract CO2 from CO2 rich fuel exhaust for recycling, processing, or other reuse to reduce waste and emissions (col. 1, lines 46-50).
It would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to include a CO2 capture system to the system of Ohyauchi because this allow for the CO2 rich exhaust to be recycled, or reduce CO2 emissions.
As to claim 2, Modified Ohyauchi et al. discloses the method according to claim 1, and further including directing the output from the reformer into an anode prior to entering the CO2 capture system, since the CO2 capture is at the end of processing line.
As to claim 3, Ohyauchi et al. discloses directing the output from the reformer (2) into a low temperature shift converter (3) prior to entering the anode (1a) (see figure 1).
As to claim 4, modified Ohyauchi et al. discloses the method according to claim 2, wherein the output from the anode is only directed into the CO2 capture system (Leo further teaches Gas within the stream 246 may be exported for beneficial use of the hydrogen—such as sale as an industrial gas, use as a fuel for low temperature fuel cell-powered transportation vehicles or other equipment, and/or recycling back to process in the stream 155) (figure 6)
Thus teaching that the exhaust is only sent to the capture system.
As to claim 5, Ohyauchi et al. discloses the method according to claim 4, including fueling a burner for the reformer with natural gas (figure 1).
As to claim 11. Ohyauchi et al. discloses system comprising: a fuel cell power plant (1) including a reformer(2a) that is supplied with natural gas (figure 1); but does not discloses a CO2 capture system that captures CO2 from an output of the reformer.
Leo et al. discloses a carbon oxide capture system (125- fuel exhaust process unit). Leo et al. further teaches it would be advantageous to provide a fuel cell system that incorporates an internal mechanism to extract CO2 from CO2 rich fuel exhaust for recycling, processing, or other reuse to reduce waste and emissions (col. 1, lines 46-50).
It would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to include a CO2 capture system to the system of Ohyauchi because this allow for the CO2 rich exhaust to be recycled, or reduce CO2 emissions.
As to claim 12. The system according to claim 11, wherein the fuel cell power plant (1) includes: a burner (2b) that heats the reformer (2a);
a low temperature shift converter (3) receiving the output of the reformer (figure 1); and
a fuel cell anode (1a) receiving an output of the low temperature shift converter (figure 1), and
wherein a exhaust output from the fuel cell anode is directed into the CO2 capture system, since the CO2 capture is at the end of processing line (figure 6 of Leo).
As to claim 13. The system according to claim 12, wherein the exhaust output from the fuel cell anode is only directed into the CO2 capture system (figure 6 of Leo) (Leo further teaches Gas within the stream 246 may be exported for beneficial use of the hydrogen—such as sale as an industrial gas, use as a fuel for low temperature fuel cell-powered transportation vehicles or other equipment, and/or recycling back to process in the stream 155) (figure 6) Thus teaching that the exhaust is only sent to the capture system.
As to claim 14. Ohyauchi et al. discloses system according to claim 13, wherein the burner is only fueled using the natural gas (figure 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Farooque et al. (US 2005/0271914 A1) which discloses an integrated power production system including a fossil fuel power plant for processing fossil based fuel such as coal or natural gas arranged in tandem with a carbonate fuel cell having an anode and a cathode section. The flue gas of the power plant serves exclusively as the inlet gas for the cathode section of the fuel cell. Anode exhaust gas leaving the anode section of the fuel cell is subjected to processing including sequestration of the carbon dioxide in the exhaust gas.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA J LAIOS whose telephone number is (571)272-9808. The examiner can normally be reached Monday-Thursday 10am-6pm.
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/Maria Laios/Primary Examiner, Art Unit 1727
