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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because it is too long. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 5, 7-10 and 12-13 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim cannot depend from any other multiple dependent claim. See MPEP § 608.01(n). Accordingly, the claims have not been further treated on the merits.
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 1-4, 6 and 11 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.
Claim 1, lines 5-10 recite: “…at least one oxygen filter, at least one hydrogen filter, an oxygen extraction pump, a hydrogen extraction pump, at least one water injection pump, a hydrogen separation chamber located outside the reactor and containing the hydrogen filters…” This limitation is considered indefinite because the first underlined limitation may require one hydrogen filter, while the second underlined limitation is in plural form which indicates that more than one hydrogen filter is required.
For purposes of examination, examiner will interpret claim 1, lines 5-10 as reciting: “…at least one oxygen filter, at least one hydrogen filter, an oxygen extraction pump, a hydrogen extraction pump, at least one water injection pump, a hydrogen separation chamber located outside the reactor and containing the at least one hydrogen filter…”
Claim 1, lines 5-10 recite: “…at least one oxygen filter, at least one hydrogen filter, an oxygen extraction pump, a hydrogen extraction pump, at least one water injection pump, a hydrogen separation chamber located outside the reactor and containing the at least one hydrogen filter…” Further, claim 1, lines 25-30 recite: “…the inlet of the second circuit of the first heat exchanger is connected to an outlet of the hydrogen separation chamber, which is connected to the filters and the outer of the second circuit of the first heat exchanger is a hydrogen outlet of the device.” This limitation is considered indefinite because it is unclear if applicant is referring to both hydrogen filter and oxygen filter, the at least one hydrogen filter or to the at least one oxygen filter.
For purposes of examination, examiner will interpret claim 1, lines 25-30 as reciting: “…the inlet of the second circuit of the first heat exchanger is connected to an outlet of the hydrogen separation chamber, which is connected to the at least one hydrogen filter and the outer of the second circuit of the first heat exchanger is a hydrogen outlet of the device.”
Claim 3 recites: “…the second reactor outlet of the reactor is connected to the oxygen filter(s) and to the inlet of the first circuit of the third heat exchanger…” There is no mention of a third heat exchanger previously in any of the claims which claim 3 depends on. Therefore, there is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites: “…wherein a hydrogen manifold is connected between the filter(s) and the outlet of the hydrogen separation chamber and an oxygen manifold is connected between the filter(s) and the second outlet of the reactor.” This limitation is considered indefinite because it is unclear if applicant is referring to both hydrogen filter and oxygen filter, the at least one hydrogen filter or to the at least one oxygen filter.
For purposes of examination, examiner will interpret claim 4 as reciting: “…wherein a hydrogen manifold is connected between the hydrogen filter(s) and the outlet of the hydrogen separation chamber and an oxygen manifold is connected between the oxygen filter(s) and the second outlet of the reactor.”
Claims 2, 6 and 11 are rejected because they depend on rejected claim 1.
Examiner’s Comments
In regards to Claims 1-4, 6 and 11, no art rejection has been made for these claims. These have only been rejected under 35 USC § 112(b), as explained in the above office action.
Fally, J. (US Pat. No. 4,120,663)-which is considered the closest prior art of record, discloses a device for splitting water into hydrogen and oxygen by thermolysis, comprising:
a reactor (#1) having a heating system, a first reactor outlet (#12), a second reactor outlet (#11), at least one water inlet (#10) and at least one oxygen filter (#7 selective membrane wall separates oxygen from hydrogen), at least one hydrogen filter (#7 selective membrane wall separates hydrogen from oxygen), an oxygen extraction pump (#14), a hydrogen extraction pump (#22), at least one water injection pump (not shown but reasonably present in order to inject water into heat exchanger at #28), a hydrogen separation chamber located outside the reactor (#1) and containing at least one hydrogen filter (#20 condensation chamber which condenses/separates traces of water from hydrogen), a heat exchanger (#25) comprising an inlet (#26) and an outlet for a first circuit (outlet flowing from heat exchanger #25 to heat exchanger #24) (see figure and column 2, line 12 to column 3, line 66);
characterized in that in that it comprises two further heat exchangers (#24, #15) each comprising an inlet (heat exchanger #24 having inlet receiving water/steam from first heat exchanger #25, cooling device #15 having an inlet receiving distilled water by circulation in the cooling device before being admitted through water inlet #28) and an outlet (heat exchanger #24 having outlet for carrying the water/stream from second heat exchanger to water inlet #10, outlet of cooling device #15 connected to water inlet #28) for a first circuit (see figure and column 2, line 12 to column 3, line 66), and in that
the inlet of the first circuit of a first heat exchanger (#24) is connected to an external water inlet (#28) via the water injection pump, the outlet of the first circuit of the first heat exchanger is connected to the inlet of a first circuit of a second heat exchanger (#24) (see figure and column 2, line 12 to column 3, line 66).
The differences between Fally and the instant invention is that Fally fails to disclose: (1) wherein the first heat exchanger further includes an inlet and an outlet for a second circuit, (3) wherein the two additional heat exchangers further include an inlet and an outlet for a second circuit, and (4) the inlet of the second circuit of the first heat exchanger is connected to an outlet of the hydrogen separation chamber, which is connected to the at least one hydrogen filter and the outlet of the second circuit of the first heat exchanger is a hydrogen outlet of the device.
Applicant discloses on paragraphs [0025]-[0028] of published specification that: “The device preferably comprises three heat exchangers in order to avoid energy losses and reuse the thermal energy of the gases to heat the liquid or gaseous water. The heat exchangers are for example typical shell and tube heat exchangers and they each have an inlet and an outlet for a first circuit and an inlet and an outlet for a second circuit. As can be seen in the figure, the inlet 31 of the first circuit of a first heat exchanger 15 is connected to a first external water inlet 12 via the water injection pump 10 and the outlet 13 of the first circuit of the first heat exchanger 15 is connected to the inlet 14 of a first circuit of a second heat exchanger 16, whereas the inlet 17 of the second circuit of the first heat exchanger 15 is connected to an outlet 18 of the hydrogen separation chamber 11 via the hydrogen extraction pump 9 and the outlet 19 of the second circuit of the first heat exchanger 15 is a hydrogen outlet of the device. Thus the first heat exchanger 15 allows on one hand, to reduce the exit temperature of the hydrogen extracted from the hydrogen separation chamber to less than 100°C and preferably to about 50°C and, on the other hand, to transfer the energy recovered from the exiting hydrogen to the liquid low temperature (about 20°C) water entering through the first external water inlet 12.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JELITZA M PEREZ whose telephone number is (571)272-8139. The examiner can normally be reached Monday-Friday 9:00am-6:00pm.
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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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/JELITZA M PEREZ/Primary Examiner, Art Unit 1774
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