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 with traverse of Group I in the reply filed on 4/29/2026 is acknowledged. The traversal is on the ground(s) that groups I and II possess a special technical feature that is not present in the prior art. This is not found persuasive because Applicant has only stated that the common technical feature is present in both groups I and II. Applicant has not provided any rational or argument as to why the prior art of Lim does not disclose the special technical feature that is common between the groups. Thus Applicant’s arguments are not persuasive.
The requirement is still deemed proper and is therefore made FINAL.
Claim 17 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 4/29/2026.
Currently claims 1-16 are pending examination on merit.
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 4, 9-10 and 13-16 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.
Regarding claim 4, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claims 9-10 and 13-16, the phrase "e.g." renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
The factual inquiries 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 1-2, 4-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0284048 of Kjolseth et al in view of Lim et al “Solid Acid Electrochemical Cell for Production of Hydrogen from Ammonia” Joule, 4, 2020, p. 2338-2347 and Zhan et al “An Octane-Fueled Solid Oxide Fuel Cell” Science, Vol 308, 2005, p. 844-847.
As to claim 1, Kjolseth teaches of a method for the production of compressed hydrogen in a membrane reactor, said membrane reactor comprising a first zone separated by a proton conducting membrane from a second zone, said first zone having a gas inlet and a product outlet and said second zone having a product outlet (Kjolseth, [0029] and [0078] – [0080]);
said process comprising:
feeding a gas to said first zone via said gas inlet, and allowing a reaction to take place in said first zone so that hydrogen and nitrogen are formed (Kjolseth, [0031]);
applying an electric field over said proton conducting membrane (Kjolseth, [0032]);
allowing hydrogen to dissociate into electrons and protons to selectivity pass through the proton conducting membrane to said second zone where protons and electrons recombine to form hydrogen in the second zone (Kjolseth, [0033]);
wherein the membrane reactor comprises a pressure regulator at said product outlet from said second zone so that, in operation, the partial pressure of hydrogen in the second zone is higher than the partial pressure of hydrogen in the first zone (Kjolseth, [0034]).
Kjolseth does not teach that the gas comprises ammonia.
Lim teaches of producing hydrogen from ammonia by utilizing an internal thermal-cracking catalyst layer prior to an electrochemical component to crack ammonia into nitrogen and hydrogen such that the hydrogen can then transverse the membrane and be separated (and produced) at the cathode of the electrochemical cell of the system (Lim, p. 2339, Introduction and Fig. 1). Lim also teaches that the system is amenable to electrochemical compression of hydrogen (Lim, p. 2343, Conclusion).
Lim additionally teaches that ammonia is an ideal candidate as a hydrogen vessel as the molecule is lightweight, relatively less flammable, easily liquifiable and can be used in the existing infrastructure (Lim, p. 2338, Introduction).
Lim teaches that a gas comprising ammonia is fed into the first zone of the system (Lim, p. 2345, Electrochemical Measurements).
Furthermore Lim states that “the configuration of the system is analogous to that used in direct methanol SAFC (solid acid fuel cells) and other fuel cells operated on complex (non-hydrogen) fuels.30” (Lim, p. 2339, paragraph above Results and Discussion).
Reference 30 of Lim is Zhan.
Zhan teaches that the design of a solid oxide fuel cell includes a catalyst layer with a conventional anode that allows for internal reforming of a hydrocarbon which achieves a more stable operation of the cell (Zhan, p. 845).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Kjolseth as per Lim in view of Zhan so as to utilize ammonia as the gas feed as an ideal candidate for hydrogen generation.
As to claim 4, Kjolseth in view of Lim and Zhan teach to the method of claim 1.
Kjolseth teaches that the temperature in the first zone is preferably between 400-800 °C (Kjolseth, [0237] – [0238]).
Lim additionally teaches that thermal decomposition of ammonia is known at temperatures between 350 – 500 °C (Lim, p. 2343, Conclusion).
As to claim 5, Kjolseth in view of Lim and Zhan teach to the method of claim 1.
Kjolseth teaches that the membrane is self-supporting (Kjolseth, [0121]).
As to claim 6, Kjolseth in view of Lim and Zhan teach to the method of claim 1.
Kjolseth teaches the first zone comprises a dehydrogenation catalyst (Kjolseth, [0061]).
As to claim 7, Kjolseth in view of Lim and Zhan teach to the method of claim 1.
Kjolseth teaches that the pressure of the hydrogen in the second zone is 2 bar or more (Kjolseth, [0245]).
As to claim 8, Kjolseth in view of Lim and Zhan teach to the method of claim 1.
Kjolseth teaches that the hydrogen in the second zone is compressed and the heat generated is used to heat the first zone (Kjolseth, [0040], [0074], [0245] – [0246]).
As to claim 9, Kjolseth in view of Lim and Zhan teach to the method of claim 1.
Kjolseth teaches that the membrane comprises at least one mixed metal oxide of formula (I):
AZraCebAcccO3-y;
wherein A is Ba, Sr or Ca or a mixture thereof, the sum of a+b+c = 1;
b is 0-0.45;
c is 0.1-0.5;
Acc is Y, Yb, Gd, Eu, Pr, In, Sc or a mixture thereof; and
y is a number such that the formula (I) is uncharged, e.g. 3-y is 2.75 ≤y≤2.95 (Kjolseth, [0096] – [0108] and claim 11).
Thus Kjolseth discloses the claimed membrane composition.
As to claim 10, Kjolseth in view of Lim and Zhan teach to the method of claim 1.
Kjolseth teaches the membrane reactor comprises a membrane electrode assembly comprising (Kjolseth, [0139] and claim 14), layers in the following order:
a supporting electrode layer comprising a nickel composite of formula Ni- AZraCebAcccO3-y (Kjolseth, [0164] – [0174], [0190] – [0192] and claim 14);
a proton conducting membrane layer comprising AZraCebAcccO3-y (Kjolseth, [0096] – [0108] and claim 14);
a second electrode layer comprising a nickel composite of formula Ni- AZraCebAcccO3-y (Kjolseth, [0202], [0209] and claim 14).
wherein A is Ba, Sr or Ca or a mixture thereof, the sum of a+b+c = 1;
b is 0-0.45;
c is 0.1-0.5;
Acc is Y, Yb, Gd, Eu, Pr, In, Sc or a mixture thereof; and
y is a number such that the formula (I) is uncharged, e.g. 3-y is 2.75 ≤y≤2.95 (Kjolseth, [0096] – [0108], [0164] – [0174], [0190] – [0192] and claim 14).
Thus Kjolseth discloses the claimed membrane electrode assembly composition.
As to claims 11 and 12, Kjolseth in view of Lim and Zhan teach to the method of claim 1.
Kjolseth teaches that the gas reactant is fed with water (Kjolseth, [0041] and [0069]).
Lim teaches that the ammonia is fed with water as humidified ammonia, thus the ammonia being aqueous as being fed to the reactor (Lim, p. 2345, Electrochemical Measurements).
As to claim 13, Kjolseth in view of Lim and Zhan teach to the method of claim 1.
Kjolseth teaches the membrane reactor comprises a membrane electrode assembly comprising (Kjolseth, [0139] and claim 14), layers in the following order:
a supporting electrode layer comprising a nickel composite of formula Ni- BaZraCebYcO3-y (Kjolseth, [0176] – [0180], [0190] – [0192] and claim 14);
a proton conducting membrane layer comprising BaZraCebYcO3-y (Kjolseth, [0104] – [0108] and claim 14);
a second electrode layer comprising a nickel composite of formula Ni- BaZraCebYcO3-y (Kjolseth, [0202], [0209] and claim 14).
wherein the sum of a+b+c = 1;
b is 0-0.45;
c is 0.1-0.5; and
y is a number such that the formula (I) is uncharged, e.g. 3-y is 2.75 ≤y≤2.95 (Kjolseth, [0096] – [0108], [0164] – [0174], [0190] – [0192] and claim 14).
Thus Kjolseth discloses the claimed membrane electrode assembly composition.
As to claim 14, Kjolseth in view of Lim and Zhan teach to the method of claim 1.
Kjolseth teaches the membrane reactor comprises a membrane electrode assembly comprising (Kjolseth, [0139] and claim 14), layers in the following order:
a supporting electrode layer comprising a nickel composite of formula Ni- AZraCebAcccO3-y (Kjolseth, [0164] – [0175], [0190] – [0192] and claim 14);
a proton conducting membrane layer comprising AZraCebAcccO3-y (Kjolseth, [0096] – [0108] and claim 14);
a second electrode layer comprising a nickel composite of formula Ni- AZraCebAcccO3-y (Kjolseth, [0202], [0209] and claim 14).
wherein A is Ba, the sum of a+b+c = 1 (Kjolseth, [0103] and [0175]);
b is 0-0.45;
c is 0.1-0.5;
Acc is Y or Yb or a mixture thereof (Kjolseth, [0103] and [0175]); and
y is a number such that the formula (I) is uncharged, e.g. 3-y is 2.75 ≤y≤2.95 (Kjolseth, [0096] – [0108], [0164] – [0174], [0190] – [0192] and claim 14).
Thus Kjolseth discloses the claimed membrane electrode assembly composition.
As to claim 2, Kjolseth teaches of a method for the production of hydrogen in a membrane reactor, said membrane reactor comprising a first zone separated by a proton conducting membrane from a second zone, said first zone having a gas inlet and a product outlet and said second zone having a product outlet (Kjolseth, [0029] and [0078] – [0080]);
said process comprising:
feeding a gas to said first zone via said gas inlet, and allowing a reaction to take place in said first zone so that hydrogen and nitrogen are formed (Kjolseth, [0031]);
applying an electric field over said proton conducting membrane (Kjolseth, [0032]);
allowing hydrogen to dissociate into electrons and protons to selectivity pass through the proton conducting membrane to said second zone where protons and electrons recombine to form hydrogen in the second zone (Kjolseth, [0033]);
wherein joule heating generated by the application of the electric field is used to heat the first zone (Kjolseth, [0040] – [0041]).
Kjolseth does not teach that the gas comprises ammonia.
Lim teaches of producing hydrogen from ammonia by utilizing an internal thermal-cracking catalyst layer prior to an electrochemical component to crack ammonia into nitrogen and hydrogen such that the hydrogen can then transverse the membrane and be separated (and produced) at the cathode of the electrochemical cell of the system (Lim, p. 2339, Introduction and Fig. 1). Lim also teaches that the system is amenable to electrochemical compression of hydrogen (Lim, p. 2343, Conclusion).
Lim additionally teaches that ammonia is an ideal candidate as a hydrogen vessel as the molecule is lightweight, relatively less flammable, easily liquifiable and can be used in the existing infrastructure (Lim, p. 2338, Introduction).
Lim teaches that a gas comprising ammonia is fed into the first zone of the system (Lim, p. 2345, Electrochemical Measurements).
Furthermore Lim states that “the configuration of the system is analogous to that used in direct methanol SAFC (solid acid fuel cells) and other fuel cells operated on complex (non-hydrogen) fuels.30” (Lim, p. 2339, paragraph above Results and Discussion).
Reference 30 of Lim is Zhan.
Zhan teaches that the design of a solid oxide fuel cell includes a catalyst layer with a conventional anode that allows for internal reforming of a hydrocarbon which achieves a more stable operation of the cell (Zhan, p. 845).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Kjolseth as per Lim in view of Zhan so as to utilize ammonia as the gas feed as an ideal candidate for hydrogen generation.
As to claim 16, Kjolseth teaches of a method for the production of hydrogen in a membrane reactor, said membrane reactor comprising a first zone separated by a proton conducting membrane from a second zone, said first zone having a gas inlet and a product outlet and said second zone having a product outlet (Kjolseth, [0029] and [0078] – [0080]);
said process comprising:
feeding a gas to said first zone via said gas inlet, and allowing a reaction to take place in said first zone so that hydrogen and nitrogen are formed (Kjolseth, [0031]);
applying an electric field over said proton conducting membrane (Kjolseth, [0032]);
allowing hydrogen to dissociate into electrons and protons to selectivity pass through the proton conducting membrane to said second zone where protons and electrons recombine to form hydrogen in the second zone (Kjolseth, [0033]).
Kjolseth further teaches the membrane reactor comprises a membrane electrode assembly comprising (Kjolseth, [0139] and claim 14), layers in the following order:
a supporting electrode layer comprising a nickel composite of formula Ni- AZraCebAcccO3-y (Kjolseth, [0164] – [0174], [0190] – [0192] and claim 14);
a proton conducting membrane layer comprising AZraCebAcccO3-y (Kjolseth, [0096] – [0108] and claim 14);
a second electrode layer comprising a nickel composite of formula Ni- AZraCebAcccO3-y (Kjolseth, [0202], [0209] and claim 14).
wherein A is Ba, Sr or Ca or a mixture thereof, the sum of a+b+c = 1;
b is 0-0.45;
c is 0.1-0.5;
Acc is Y, Yb, Gd, Eu, Pr, In, Sc or a mixture thereof; and
y is a number such that the formula (I) is uncharged, e.g. 3-y is 2.75 ≤y≤2.95 (Kjolseth, [0096] – [0108], [0164] – [0174], [0190] – [0192] and claim 14).
Kjolseth does not teach that the gas comprises ammonia.
Lim teaches of producing hydrogen from ammonia by utilizing an internal thermal-cracking catalyst layer prior to an electrochemical component to crack ammonia into nitrogen and hydrogen such that the hydrogen can then transverse the membrane and be separated (and produced) at the cathode of the electrochemical cell of the system (Lim, p. 2339, Introduction and Fig. 1). Lim also teaches that the system is amenable to electrochemical compression of hydrogen (Lim, p. 2343, Conclusion).
Lim additionally teaches that ammonia is an ideal candidate as a hydrogen vessel as the molecule is lightweight, relatively less flammable, easily liquifiable and can be used in the existing infrastructure (Lim, p. 2338, Introduction).
Lim teaches that a gas comprising ammonia is fed into the first zone of the system (Lim, p. 2345, Electrochemical Measurements).
Furthermore Lim states that “the configuration of the system is analogous to that used in direct methanol SAFC (solid acid fuel cells) and other fuel cells operated on complex (non-hydrogen) fuels.30” (Lim, p. 2339, paragraph above Results and Discussion).
Reference 30 of Lim is Zhan.
Zhan teaches that the design of a solid oxide fuel cell includes a catalyst layer with a conventional anode that allows for internal reforming of a hydrocarbon which achieves a more stable operation of the cell (Zhan, p. 845).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Kjolseth as per Lim in view of Zhan so as to utilize ammonia as the gas feed as an ideal candidate for hydrogen generation.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kjolseth in view of Lim and Zhan as applied to claim 1 above, and further in view of Vollestad et al “Mixed proton and electron conducting double perovskite anodes for stable and efficient tubular proton ceramic electrolyzers” Nature Materials, vol 18, 2019, p. 752-759.
As to claim 15, Kjolseth in view of Lim and Zhan teach to the method of claim 1.
Kjolseth teaches the membrane reactor comprises a membrane electrode assembly comprising (Kjolseth, [0139] and claim 14), layers in the following order:
a supporting electrode layer comprising a nickel composite of formula Ni- AZraCebAcccO3-y (Kjolseth, [0164] – [0175], [0190] – [0192] and claim 14);
a proton conducting membrane layer comprising AZraCebAcccO3-y (Kjolseth, [0096] – [0108] and claim 14);
a second electrode layer comprising a nickel composite of formula Ni- AZraCebAcccO3-y (Kjolseth, [0202], [0209] and claim 14).
wherein A is Ba, the sum of a+b+c = 1 (Kjolseth, [0103] and [0175]);
b is 0-0.45;
c is 0.1-0.5;
Acc is Y or Yb or a mixture thereof (Kjolseth, [0103] and [0175]); and
y is a number such that the formula (I) is uncharged, e.g. 3-y is 2.75 ≤y≤2.95 (Kjolseth, [0096] – [0108], [0164] – [0174], [0190] – [0192] and claim 14).
Kjolseth deems obvious BaZr0.35Ce0.45Y0.1Yb0.1O3-y; where 2.75 ≤y≤2.95 for use of the ceramic component to the electrodes and membrane. It is noted that Kjolseth teaches that the ceramic material is the same in each component, anode, cathode and membrane.
Kjolseth does not teach Ce0.7Zr0.1 within the formula.
Vollestad teaches of hydrogen production electrolysis systems that are proton ceramic electrolyzers (Vollestad, Abstract).
Vollestad additionally teaches that reduction in area-specific resistance (ASR) for increased H2 production can be obtained through improvements and optimization of the membrane composition such as high Ce content and dopant concentration including composition like BaCe0.7Zr0.1Y0.1Yb0.1O3-[Symbol font/0x20][Symbol font/0x64] (Vollestad, p. 755).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Kjolseth as per Vollestad so as to utilize the ceramic component within the anode, cathode and membrane in order to optimize hydrogen production by utilizing the desired ceramic structure which improves the hydrogen conductivity through the components at hand.
Conclusion
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BRIAN W. COHEN
Primary Examiner
Art Unit 1759
/BRIAN W COHEN/Primary Examiner, Art Unit 1759
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