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 .
Election/Restrictions
Applicant’s election of Group I (claims 1-7) in the reply filed on 17 April 2026 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)).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claims are rejected for the following reasons.
Claim 1 recites the limitation "respective environmental indicators of the hydrogen generated by the hydrogen production device and the carbon dioxide supplied from the carbon dioxide supply device" which render the claim vague and indefinite because the claim does not define what the environmental indicators of the hydrogen generated by the hydrogen production device and the carbon dioxide supplied from the carbon dioxide supply device are. Thus, one of ordinary skill in the art cannot reasonably ascertain the particular structure intended to be included or excluded by the instantly claim hydrocarbon compound production system defined in claim 1. It is also unclear from the claim language in claim 1 whether or not the hydrogen production device is intended to generate hydrogen having undefined environmental indicators and the carbon dioxide supply device is intended to supply carbon dioxide having undefined environmental indicators.
Claim 2 recites the limitation “wherein the environmental indicator of the hydrogen generated by the hydrogen production device is categorized into one of three categories of hydrogen generated by electrolysis of water using electric power derived from renewable energy, hydrogen generated with a carbon dioxide capture and storage process, and hydrogen resulting from a generation process which uses fossil fuels as a raw material and in which the carbon dioxide is released into an atmosphere” which renders the claim indefinite because it is unclear from the claim language whether or not a hydrogen production device that generates hydrogen by electrolysis of water using electric power derived from renewable energy is a required feature of the claim. It is also unclear as to the particular hydrogen production device intended to be denote by the recitation “hydrogen generated with a carbon dioxide capture and storage process.” It is also unclear as to the particular hydrogen production device intended to be denote by the recitation “hydrogen resulting from a generation process which uses fossil fuels as a raw material and in which the carbon dioxide is released into an atmosphere.”
Claim 6 recites the limitation “wherein the environmental indicator of the carbon dioxide supplied from the carbon dioxide supply device is categorized into one of three categories of a carbon dioxide collected from an atmosphere, a carbon dioxide generated through combustion of a biomass fuel, and a carbon dioxide generated through combustion of the fossil fuels” which renders the claim indefinite because it is unclear from the claim language whether or not three distinct carbon dioxide supply devices are required.
Claim 7 recites the limitation "the storage device" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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.
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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Lutz (US 2014/0080076) in view of Nagino et al. (US 2021/0405603).
Regarding claim 1, the reference Lutz teaches a hydrocarbon compound production system for producing hydrocarbons without releasing carbon dioxide to the environment (see Abstract; Fig. 5). The reference Lutz teaches that the system comprises: a hydrogen production device that generates hydrogen; a carbon dioxide supply device that supplies a carbon dioxide; and a hydrocarbon compound production device that generates a hydrocarbon compound from each of the hydrogen generated by the hydrogen production device and the carbon dioxide supplied from the carbon dioxide supply device (see paras. [0043]-[0044]; Fig. 5). The reference Lutz is, however, silent with respect to having an environmental load level of the hydrocarbon compound generated by the hydrocarbon compound production device categorized on the basis of at least either one of respective environmental indicators of the hydrogen generated by the hydrogen production device and the carbon dioxide supplied from the carbon dioxide supply device.
The reference Nagino et al. teaches a hydrogen production device for generating a plurality of types of hydrogen based on a predicted hydrogen demand amount of each of the plurality of types of hydrogen (see Abstract; para. [0031]). The reference Nagino et al. further teaches that plurality of types of hydrogen can be categorizing according to an environmental load during production of the hydrogen (see [0032]). The reference Gosh et al. teaches that hydrogen produced by electrolysis of water using electric power derived from renewable energy may be categorized as green hydrogen; hydrogen produced from electricity generated from non-renewable energy sources such as thermal power plants and electricity generated from renewable energy sources whose origin is not clearly proven by certificates may be categorized as gray hydrogen; and hydrogen obtained by mixing hydrogen produced from renewable energy sources and hydrogen produced from non-renewable energy sources in a predetermined ratio may be categorized as blue hydrogen (see paras. [0032]; [0050]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Lutz and Nagino et al., and modified the hydrocarbon compound production system of Lutz to include the hydrogen production device as taught by Nagino et al. so as to produce a hydrocarbon compound on the basis of environmental indicators of hydrogen generated by the hydrogen production device and carbon dioxide supplied from the carbon dioxide supply device because, as evidence by the reference Nagino et al. (see paras. [0024]; [0032]; [0047]), the art recognizes for the need to categorize and track sources of hydrogen consumed on the basis of its production and associated environmental load indicator for the hydrogen production. The reference Lutz also suggest for the need to take into account the source of carbon dioxide supplied by the carbon dioxide supply device to ensure that no net carbon dioxide gas is emitted into the atmosphere (see paras. [0012]-[0013]; [0044]; Fig. 5).
Regarding claim 2, the references Lutz and Nagino et al. teach the hydrocarbon compound production system, wherein the environmental indicator of the hydrogen generated by the hydrogen production device is categorized into one of three categories of hydrogen generated by electrolysis of water using electric power derived from renewable energy, hydrogen generated with a carbon dioxide capture and storage process, and hydrogen resulting from a generation process which uses fossil fuels as a raw material and in which the carbon dioxide is released into an atmosphere (see Nagino et al.; paras. [0032]; [0049]; Lutz: para. [0044]; Fig. 5).
Regarding claim 3, the references Lutz and Nagino et al. teach the hydrocarbon compound production system, wherein, on the basis of information on an electric power source of the hydrogen production device, the environmental indicator of the hydrogen generated by the hydrogen production device is determined (see Nagino et al.; para. [0032]).
Regarding claim 4, the references Lutz and Nagino et al. teach that the hydrocarbon compound production system further comprises a storage device that stores the hydrocarbon compound generated by the hydrocarbon compound production device (see Lutz: para. [0044]; Fig. 5); and a control device that monitors a temporal change of the environmental indicator of the hydrogen generated by the hydrogen production device (see Nagino et al.: paras. [0025]; [0046]-[0049]; Figs. 1-3). The references Lutz and Nagino et al. are, however, silent with respect to having the control device determine a component ratio of the hydrocarbon compound in the storage device on the basis of the monitored temporal change of the environmental indicator of the hydrogen. However, it would having been obvious to having ordinary skill in the art before the effective filing date of the claimed invention to have the control device determine a component ratio of the hydrocarbon compound in the storage device on the basis of the monitored temporal change of the environmental indicator of the hydrogen so as to gain appropriate compensation or credit for consuming hydrogen with a lower environmental load indicator as suggested by the reference Nagino et al. (see paras. [0031]; [0040]; [0196]).
Regarding claim 5, the references Lutz and Nagino et al. teach the hydrocarbon compound production system, wherein, on the basis of information on a carbon dioxide supply source of the carbon dioxide supply device, the environmental indicator of the carbon dioxide supplied from the carbon dioxide supply device is determined (see paras. [0012]-[0013]; [0044]; Fig. 5).
Regarding claim 6, the references Lutz and Nagino et al. teach the hydrocarbon compound production system, wherein the environmental indicator of the carbon dioxide supplied from the carbon dioxide supply device is categorized into one of three categories of a carbon dioxide collected from an atmosphere, a carbon dioxide generated through combustion of a biomass fuel, and a carbon dioxide generated through combustion of the fossil fuels (see Lutz: paras. [0013]; [0044]; Fig. 5; Nagino et al.: para. [0018]).
Regarding claim 7, the references Lutz and Nagino et al. teach that the hydrocarbon compound production system further comprises a storage device that stores the hydrocarbon compound generated by the hydrocarbon compound production device (see Lutz: para. [0044]; Fig. 5); and a control device that monitors a temporal change of the environmental indicator of the hydrogen generated by the hydrogen production device (see Nagino et al.: paras. [0025]; [0046]-[0049]; Figs. 1-3). The references Lutz and Nagino et al. are, however, silent with respect to having the control device determine a component ratio of the hydrocarbon compound in the storage device on the basis of the monitored temporal change of the environmental indicator of the carbon dioxide. However, it would having been obvious to having ordinary skill in the art before the effective filing date of the claimed invention to have the control device determine a component ratio of the hydrocarbon compound in the storage device on the basis of the monitored temporal change of the environmental indicator of the carbon dioxide so as to gain appropriate compensation or credit for consuming the carbon dioxide as suggested by the reference Lutz (see paras. [0004]; [0009]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lessanework T Seifu whose telephone number is (571)270-3153. The examiner can normally be reached M-T 9:00 am - 6:30 pm; F 9:00 am - 1:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at 571-270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LESSANEWORK SEIFU/Primary Examiner, Art Unit 1774
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