Prosecution Insights
Last updated: April 19, 2026
Application No. 18/265,297

METHOD AND SYSTEM FOR THE MATERIAL UTILIZATION OF HYDROGEN

Final Rejection §103
Filed
Jun 05, 2023
Examiner
CHU, YONG LIANG
Art Unit
1731
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Hydrogenious Lohc Technologies GmbH
OA Round
2 (Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
2y 6m
To Grant
78%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
1057 granted / 1414 resolved
+9.8% vs TC avg
Minimal +3% lift
Without
With
+3.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
44 currently pending
Career history
1458
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
33.8%
-6.2% vs TC avg
§102
20.6%
-19.4% vs TC avg
§112
29.0%
-11.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1414 resolved cases

Office Action

§103
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 . Claims 1-2, 8-9, and 15 have been amended. New claim 28 is added. Claims 1-28 are pending and under examination on the merits. Information Disclosure Statements Applicants’ Information Disclosure Statement, filed on 01/27/2026, has been considered. Please refer to Applicant’s copy of the PTO-1449 submitted herewith. Response to Amendment The Amendment by Applicant’ representative Mr. Brian M. Duncan on 02/17/2026 has been entered. Response to Arguments/Amendments Objection to Specification Applicant’ amendments to specification overcome the objection. The objection is withdrawn. Claim rejection under 35 U.S.C.§112(b) Applicant’ argument is found persuasive. The rejection is hereby withdrawn. Claim rejection under 35 U.S.C.§103(a) Applicant amended claim 1 by further limiting the hydrogenation step in a hydrogenation unit, “wherein in the hydrogenation unit a post-hydrogenation takes place”; and amended claim 2 by further limiting “the dissolved hydrogen is not chemically bound to the hydrogen carrier medium”. In addition, Applicant argued that '904 Kusche et al. discloses that hydrogen is transported from a hydrogen source 8 via a hydrogen line 9 to a reactor 2, wherein the hydrogen is then immediately chemically bound to LOHC 15 via a hydrogenation reaction. At no point does '904 Kusche et al. disclose a physical mixture is formed that comprises LOHC 15 and hydrogen. '904 Kusche et al. therefore does not disclose a physical mixture that is hydrogenated in a post hydrogenation step as featured in the present invention. Applicant argued that '048 Kusche et al. discloses heating hydrogen-laden liquid carrier and catalytically dehydrogenated to release hydrogen gas. '048 Kusche et al. does not provide any disclosure as to a post-hydrogenation that takes place in a hydrogenation unit as claimed. '048 Kusche et al. merely teaches recovering usable hydrogen from a chemically bound liquid carrier via catalytic dehydrogenation and downstream gas purification, with handling of the spent carrier for reuse. There is no teaching or suggestion in '048 Kusche et al. as to a post-hydrogenation that takes place in the hydrogenation unit as claimed. Fang et al. discloses hydrogen absorption in solid or chemical storage systems. Fang et al. does not disclose physical dissolution in liquid LOHC media as featured in the present invention. Kimbara et al. discloses hydrogen dissolution in liquids under pressure. However, there is no teaching and no suggestion in Kimbara et al. as to a post-hydrogenation that takes place in a hydrogenation unit as claimed. Wasserscheid et al. discloses LOHC technology that is limited to chemical hydrogen binding and release. Wasserscheid et al. does not disclose hydrogen physically dissolved in LOHC medium as a produced mixture component, wherein a post-hydrogenation takes place in a hydrogenation unit as featured in the present invention. As such, the prior art references as a whole do not teach or suggest each of the features recited in the claimed combination. Accordingly, Applicant respectfully requests that the Examiner favorably consider claims 1 and 8 as now presented and all claims that respectively depend thereon. Applicant’s amendment and arguments have been fully considered, but not sufficient to overcome the rejection. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, `904-Kusche [FIG. 2 and 0037-0050] discloses the hydrogenation reactor 2 and a method of using said reactor 2 for storing hydrogen gas, wherein the method comprising the steps of: producing a mixture by means of a catalytic reaction in a reactor, wherein the mixture comprises hydrogen carrier medium (LOHC) to which hydrogen can be chemically bound by a catalytic hydrogenation reaction (on each catalyst mount 11, a catalyst carrier with catalyst material 12 is arranged ) and from which hydrogen can be released again by a catalytic dehydrogenation reaction, and additionally hydrogen that is dissolved, i.e. physically stored, in the hydrogen carrier medium, hydrogenation of the hydrogen carrier medium with the dissolved hydrogen in a hydrogenation unit. `904-Kusche [0006, and 0033] discloses the hydrogenation of the hydrogen carrier material is reversible, with the result that the hydrogen gas can be released again later on by dehydrogenation of the hydrogen carrier material; and the LOHC source 6 (FIG. 1) can show a dehydrogenation reactor or be connected therewith, whereas the dehydrogenation reactor serves for discharging, i.e. at least partially dehydrogenating, LOHC. The released hydrogen gas may serve for the conversion into electricity in a fuel cell. Because the hydrogenation of the hydrogen carrier material is reversible, additionally hydrogen that is dissolved can also be physically stored in the hydrogen carrier medium, inherently. In terms of the amended limitation “hydrogenation of the hydrogen carrier medium with the dissolved hydrogen in a hydrogenation unit, wherein in the hydrogenation unit a post-hydrogenation takes place”, `721-Fang (FIG. 5) discloses a system and a method for hydrogenating a liquid carrier (e.g., diesel oil). Diesel oil (1) and hydrogen (3) are supplied to a first reactor (5), where the diesel oil is catalytically hydrogenated in the first reactor (5). A mixture of (partially) hydrogenated diesel oil and hydrogen dissolved in the diesel oil is transported to a second reactor (55), in which the diesel oil is again catalytically hydrogenated using the dissolved hydrogen. In addition, `721-Fang (FIG. 3) discloses a system and a method for hydrogenating a liquid carrier (e.g., diesel oil). Diesel oil (1) and hydrogen (3) are supplied to a first reactor (5), where the diesel oil is catalytically hydrogenated in the first reactor (5). A mixture of (partially) hydrogenated diesel oil and hydrogen dissolved in the diesel oil is transported to a second reactor (52), in which the diesel oil is again catalytically hydrogenated using the dissolved hydrogen with additional H2 supply (32). Therefore, the combined references would have rendered claims 1-27 obvious. The rejection is maintained. Claim Rejections - 35 USC § 103(revised) 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 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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. Claims 1-28 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2019309904 (“the `904 publication”) to Kusche et al., in view of U.S. Patent Application Publication No. 2019292048 (“the `048 publication”) to Kusche et al., CN101993721B (“the `721 patent”) to Fang et al., U.S. Patent No. 6,802,875 (“the `875 patent”) to Kimbara et al., and U.S. Patent Application Publication No. 20170341936 (“the `936 publication”) to Wasserscheid et al. Applicant’s claim 1 is drawn to a method for the use of hydrogen as a resource, the method comprising the steps of: producing a mixture by means of a catalytic reaction in a reactor, wherein the mixture comprises hydrogen carrier medium to which hydrogen can be chemically bound by a catalytic hydrogenation reaction and from which hydrogen can be released again by a catalytic dehydrogenation reaction, and additionally hydrogen that is dissolved, i.e. physically stored, in the hydrogen carrier medium, hydrogenation of the hydrogen carrier medium with the dissolved hydrogen in a hydrogenation unit, wherein in the hydrogenation unit a post-hydrogenation takes place. Applicant’s claim 8 is drawn to a system for the use of hydrogen as a resource, the system comprising: at least one reactor for producing a mixture by means of a catalytic reaction, wherein the mixture comprises hydrogen carrier medium to which hydrogen can be chemically bound by a catalytic hydrogenation reaction and from which hydrogen can be released again by a catalytic dehydrogenation reaction, and additionally hydrogen that is dissolved, i.e. physically stored, in the hydrogen carrier medium: a hydrogenation unit that is in fluid communication with the reactor for hydrogenating the hydrogen carrier medium with the dissolved hydrogen, wherein in the hydrogenation unit a post-hydrogenation takes place. Determination of the scope and content of the prior art (MPEP §2141.01) The `904 publication [Abstract and 0034] discloses a method for storing hydrogen gas and used the released hydrogen gas serving for the conversion into electricity in a fuel cell, which reads on the preamble “for the use of hydrogen as a resource” of claims 1 and 8. The `904 publication [FIG. 2 and 0037-0050] discloses the hydrogenation reactor 2 and a method of using said reactor 2 for storing hydrogen gas, wherein the method comprising the steps of: producing a mixture by means of a catalytic reaction in a reactor, wherein the mixture comprises hydrogen carrier medium (LOHC) to which hydrogen can be chemically bound by a catalytic hydrogenation reaction (on each catalyst mount 11, a catalyst carrier with catalyst material 12 is arranged ) and from which hydrogen can be released again by a catalytic dehydrogenation reaction, and additionally hydrogen that is dissolved, i.e. physically stored, in the hydrogen carrier medium, hydrogenation of the hydrogen carrier medium with the dissolved hydrogen in a hydrogenation unit. The `904 publication [FIG. 2 and 0045] discloses the hydrogenation reactor 2 has a hydrogen gas supply opening 17, via which hydrogen gas is supplied from the hydrogen source 8 via the hydrogen line 9 to the hydrogenation reactor 2. The `904 publication [0006, and 0033] discloses the hydrogenation of the hydrogen carrier material is reversible, with the result that the hydrogen gas can be released again later on by dehydrogenation of the hydrogen carrier material; and the LOHC source 6 (FIG. 1) can show a dehydrogenation reactor or be connected therewith, whereas the dehydrogenation reactor serves for discharging, i.e. at least partially dehydrogenating, LOHC. The released hydrogen gas may serve for the conversion into electricity in a fuel cell. The hydrogen carrier material, in particular, is an organic liquid, which is also known as liquid organic hydrogen carrier (LOHC), such as for example liquid hydrocarbon compounds. The `904 publication [0021-0022, and claims 12-13] discloses at least one of platinum, palladium, nickel, rhodium and ruthenium, each with a weight portion of 0.1% to 10% with reference to the catalyst carrier, serve as catalyst material, and the catalyst carrier comprises at least one of aluminum oxide, silicon oxide, silicon carbide and activated carbon. In addition, the `904 publication [0031, FIG. 1] teaches a hydrogenation reactor 2 is arranged, which is connected with an LOHC storage container 3 by means of an LOHC supply line 4 and an LOHC output line 5. LOHC serves as a hydrogen carrier medium. It is also conceivable to provide two separate LOHC storage containers, whereas a first LOHC storage container is connected with the hydrogenation reactor 2 via a the LOHC supply line 4 and a second LOHC storage container is connected with the hydrogenation reactor 2 via the LOHC output line 5. By this means, the separate stocking of LOHC in an at least partially hydrogenated or partially dehydrogenated state is possible. Ascertainment of the difference between the prior art and the claims (MPEP §2141.02) The difference between the instantly claimed method/system and the method/system of the `904 publication is that the prior art does not teach the hydrogen can be released again by a catalytic dehydrogenation reaction. Instead, the `904 publication the hydrogen can be released again by a dehydrogenation reaction without the word “catalytic”. In addition, the `904 publication does not teach hydrogenation of the hydrogen carrier medium with the dissolved hydrogen in a hydrogenation unit, wherein in the hydrogenation unit a post-hydrogenation takes place (i.e., at a subsequential hydrogenation reactor). Finding of prima facie obviousness--rational and motivation (MPEP §2142-2413) However, the instantly claimed method/system would have been obvious over the method/system disclosed in the `904 publication because the difference of dehydrogenation by a catalytic dehydrogenation reaction is further taught and/or suggested by the `048 publication. The `048 publication (Abstract and FIG. 2) discloses a method for providing hydrogen gas includes the process steps pre-heating of an at least partially hydrogenated hydrogen carrier material, release of hydrogen gas by at least partial catalytic dehydrogenation of the hydrogen carrier material, purification of the released hydrogen gas as well as cooling and conditioning of the at least partially dehydrogenated hydrogen carrier material. Specifically, the `048 publication [0041-0052, FIG. 2 and claims 12-13] discloses the dehydrogenation reactor 2 has a reactor housing 10, in which a number of catalyst mounts 11 are arranged; on each catalyst mount 11, a catalyst carrier with catalyst material 12 is arranged; and at least one of platinum, palladium, nickel, rhodium and ruthenium, each with a weight portion of 0.1% to 10% with reference to the catalyst carrier, serve as catalyst material, and the catalyst carrier comprises at least one of aluminum oxide, silicon oxide, silicon carbide and activated carbon. In terms of the amended limitation “hydrogenation of the hydrogen carrier medium with the dissolved hydrogen in a hydrogenation unit, wherein in the hydrogenation unit a post-hydrogenation takes place”, the `721 patent (FIG. 5) discloses a system and a method for hydrogenating a liquid carrier (e.g., diesel oil). Diesel oil (1) and hydrogen (3) are supplied to a first reactor (5), where the diesel oil is catalytically hydrogenated in the first reactor (5). A mixture of (partially) hydrogenated diesel oil and hydrogen dissolved in the diesel oil is transported to a second reactor (55), in which the diesel oil is again catalytically hydrogenated using the dissolved hydrogen. In addition, the `721 patent (FIG. 3) discloses a system and a method for hydrogenating a liquid carrier (e.g., diesel oil). Diesel oil (1) and hydrogen (3) are supplied to a first reactor (5), where the diesel oil is catalytically hydrogenated in the first reactor (5). A mixture of (partially) hydrogenated diesel oil and hydrogen dissolved in the diesel oil is transported to a second reactor (52), in which the diesel oil is again catalytically hydrogenated using the dissolved hydrogen with additional H2 supply (32). `721-Fang teaches and/or suggests the hydrogenation unit a post-hydrogenation takes place. Therefore, the `904 publication in view of the `048 publication and the `721 patent would have rendered claims 1-2, 8, 11-12, and 28 obvious. In terms of claim 3, wherein the hydrogenation takes place in the hydrogenation unit before the mixture from the reactor is depressurized, see the `721 patent (Figures 5-10, unit 6-7, 65, and 75)). In terms of claims 4-5, and 9, see the `721 patent (Figures 5-10), and the `875 patent (Figures 1, 4, and 9). In terms of claims 6-7, and 13 the `904 publication teaches the hydrogenation of the hydrogen carrier material is reversible, with the result that the hydrogen gas can be released again later on by dehydrogenation of the hydrogen carrier material [0006], and the LOHC source 6 (FIG. 1) can show a dehydrogenation reactor or be connected therewith [0033]. The `048 publication [0041-0052, FIG. 2 and claims 12-13] discloses the dehydrogenation reactor 2 has a reactor housing 10, in which a number of catalyst mounts 11 are arranged; on each catalyst mount 11, a catalyst carrier with catalyst material 12 is arranged; and at least one of platinum, palladium, nickel, rhodium and ruthenium, each with a weight portion of 0.1% to 10% with reference to the catalyst carrier, serve as catalyst material, and the catalyst carrier comprises at least one of aluminum oxide, silicon oxide, silicon carbide and activated carbon. In terms of claim 10, the `904 publication teaches the hydrogenation of the hydrogen carrier material is reversible, with the result that the hydrogen gas can be released again later on by dehydrogenation of the hydrogen carrier material [0006], and the LOHC source 6 (FIG. 1) can show a dehydrogenation reactor or be connected therewith [0033], and the LOHC source 6 (FIG. 1) can be an external source, as for example an LOHC transport vehicle [0032]. The `048 publication [0041-0052, FIG. 2 and claims 12-13] discloses the dehydrogenation reactor 2 has a reactor housing 10, in which a number of catalyst mounts 11 are arranged; on each catalyst mount 11, a catalyst carrier with catalyst material 12 is arranged; and at least one of platinum, palladium, nickel, rhodium and ruthenium, each with a weight portion of 0.1% to 10% with reference to the catalyst carrier, serve as catalyst material, and the catalyst carrier comprises at least one of aluminum oxide, silicon oxide, silicon carbide and activated carbon. In addition, Figure 1 of the `936 publication [0038] discloses the reaction apparatus 6 as hydrogenation unit, the first storage unit 20, the dehydrogenation unit 21 and the second storage unit 25 can form a circulatory system, in particular a closed circulatory system. In terms of claims 14-15, and 27, the `721 patent (Figures 5-10) teaches the system comprising a pressure regulation unit for depressurizing the mixture from the reactor (units 6-7, 65, and 75), and the `875 patent teaches heat exchangers for cooling the mixture from the reactor, see Figure 1 (units 23, and 25), Figure 4 (units 53, and 55), and Figure 9 (units 53, and 55). In terms of claims 16-21, and 23-26, see Figures 5-10 of the `721 patent, and Figure 1 of the `936 publication. Figure 1 of the `936 publication [0038] discloses the reaction apparatus 6 as hydrogenation unit, the first storage unit 20, the dehydrogenation unit 21 and the second storage unit 25 can form a circulatory system, in particular a closed circulatory system. In terms of claim 22, the `048 publication [0040, FIGs.1-2] discloses the dehydrogenation-reactor 2 is connected with a hydrogen consumer 8 via a hydrogen line 9, wherein the hydrogen consumer 8 is configured as a fuel cell and allows for a conversion of the hydrogen generated in the dehydrogenation reactor 2 into electricity, which reads on “wherein hydrogenating the hydrogen carrier medium is performed with supplied hydrogen gas”. Conclusions Claims 1-28 are rejected. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action. Telephone Inquiry Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yong L. Chu, whose telephone number is (571)272-5759. The examiner can normally be reached on M-F 8:30am-5:00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber R. Orlando can be reached on 571-270-3149. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. Status Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /YONG L CHU/Primary Examiner, Art Unit 1731
Read full office action

Prosecution Timeline

Jun 05, 2023
Application Filed
Nov 14, 2025
Non-Final Rejection — §103
Feb 17, 2026
Response Filed
Mar 18, 2026
Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
75%
Grant Probability
78%
With Interview (+3.4%)
2y 6m
Median Time to Grant
Moderate
PTA Risk
Based on 1414 resolved cases by this examiner. Grant probability derived from career allow rate.

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