Prosecution Insights
Last updated: October 25, 2026
Application No. 18/254,940

HYDROGEN PRODUCTION METHOD AND DEVICE

Non-Final OA §102
Filed
May 30, 2023
Priority
Dec 02, 2020 — PL P.436197 +1 more
Examiner
DOWNES, NATHANAEL JASON
Art Unit
1794
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Instytut Niskich Temperatur I Badan Strukturalnych Pan Im W Trzebiatowskiego
OA Round
1 (Non-Final)
63%
Grant Probability
Moderate
1-2
OA Rounds
5m
Est. Remaining
79%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allowance Rate
22 granted / 35 resolved
-2.1% vs TC avg
Strong +16% interview lift
Without
With
+15.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
28 currently pending
Career history
58
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
50.3%
+10.3% vs TC avg
§102
19.4%
-20.6% vs TC avg
§112
26.9%
-13.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 35 resolved cases

Office Action

§102
Detailed Notice 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 Election/Restrictions Claims 1-5 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/8/2026. Claims 6-8 are pending examination. Examiner thanks the applicant for their identification of the previous error in the requirement for restriction, whereby the groups were incorrectly coupled as 1-6 and 7-8, in contrast to what the applicant has identified and responded with, as 1-5 and 6-8. The correction of this error is appreciated for the purpose of compacting prosecution. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. PLP.436197, filed on 5/30/2023. Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e). Failure to provide a certified translation may result in no benefit being accorded for the non-English application. 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) 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Latorre-Sanchez et. al Chem. Eur. J. 2012, 18, 16774 – 16783, with evidentiary reference to “What is Frequency Doubling (Second Harmonic Generation) in Laser Systems?” https://www.gophotonics.com/community/what-is-frequency-doubling-second-harmonic-generation-in-laser-systems. Regarding Claims 6-8, Latorre-Sanchez teaches a photocatalytic system comprising a cylindrical Pyrex vessel (e.q. a tank which is a single vessel (as per Claim 7) and is at least partially transmittable to UV-VIS-IR, being made of glass (as per Claim 8)) which becomes irradiated by the second harmonic output of 532nm light produced from a laser, wherein, as shown by the evidentiary reference, comprises a nonlinear optical crystal (e.g. an optical system) and an emitter (e.g. a laser) in order to produce a second harmonic output (Pg. 1 of the evidentiary reference, paragraph 1 and the first shown image). Latorre-Sanchez teaches that a output gas is measured by gas chromatography, which is therefore understood to teach a vent and a hydrogen collection system [Experimental Section, Photocatalytic Hydrogen Production Tests for all of the above]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL J DOWNES whose telephone number is (571)272-1141. The examiner can normally be reached 8am to 5pm. 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, James Lin can be reached at (571) 272-8902. 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. NATHANAEL JASON. DOWNES Examiner Art Unit 1794 /NATHANAEL JASON DOWNES/ Examiner, Art Unit 1794 /BRIAN W COHEN/ Primary Examiner, Art Unit 1759
Read full office action

Prosecution Timeline

May 30, 2023
Application Filed
Nov 06, 2023
Response after Non-Final Action
Oct 15, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Patent 12741871
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3y 8m to grant Granted Sep 22, 2026
Patent 12729118
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Patent 12697599
FLEXIBLE ARTIFICIAL LEAVES FOR HYDROGEN PRODUCTION AND METHODS FOR MAKING
3y 8m to grant Granted Aug 04, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
63%
Grant Probability
79%
With Interview (+15.7%)
3y 10m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 35 resolved cases by this examiner. Grant probability derived from career allowance rate.

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