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 .
This is in response to the correspondence received on 7/09/2025 and Supplemental Claims set received on 9/23/2025.
Applicant’s elected without traverse of Category B including claims 5-7 and 12-22 in the reply filed on 5/9/2024.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/09/2025 has been entered. Supplemental Claims set received on 9/23/2025 has been entered.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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, 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
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.
Claim(s) 5-7, 12-13, 16-17, 19-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Macrae 20150360941 in view of Trowell 20220153578, Dowdy 5761896 and Cowley 20110252800.
Regarding claim 5, Macrae teaches:
A power generation system (hydrogen production system, useful to power vehicles, heat homes, or power electricity-producing power plants, abstract) comprising:
a reactor (“reactor pressure vessel 1806, [0105]) operable to produce a flow of hydrogen (“to produce hydrogen and extreme levels of heat” [0105]) in response to the receipt of a flow of reactant mixture (raw aluminum powder, aluminum granules, recycled aluminum or solid aluminum materials, contained in hopper 1802 for its fuel […] water cab be injected from top of reactor at injection port [0105]),
a combustor (inter alia, “ The invention also relates to vehicles and devices and more specifically the fuel and fueling systems for vehicles and any or all other internal combustion engines, plus other uses involving the burning of a fuel for purposes of creating heat ’ [0006], “all internal combustion engines or other device that burns hydrogen to create heat for various purposes” [0053])
a steam turbine operable in response to the receipt of a flow of steam (inter alia, “The skilled person would understand that the heat produced by the hydrogen producing reaction can also be used directly to produce steam for turbine system” [0105]); and
reactor cooling system (water 1808 [0105-0107], Fig 18) operable to deliver a flow of liquid water (water (post-generation) and reinserted back into water jacket 1818 [0107]) to the reactor (water jacket 1808 (that is containing the reactor itself) [0107]) to cool the reactor (inter alia, steam from boiled water jacket 1808 [0105], indicating heat transfer from the reactor to the water in the water jacket, i.e., cooling the reactor)
Macrae teaches the reactor as discussed but is silent about it operating at a supercritical temperature and pressure as claimed.
However, Trowell teaches a “method for hydrogen production via metal-water reaction” (title), and Trowell teaches that “It was surprisingly found that an increase in reaction temperature has led to a significant increase in heat and hydrogen yield of the reaction. It is believed that once in the supercritical regime, water becomes a solvent for non-polar species such as the oxides and hydroxides that form as a result of the reaction. Because of this change in property, the products do not adhere to the surface of the unreacted metal, but rather dissolve into the water. This would explain that this continual exposure of reactive metal to the oxidizing fluid results in full yield, regardless of initial particle size. When the temperature is reduced to subcritical levels (for example from 373° C. to 200° C.), the solid reaction products precipitate out of the liquid. The following examples have shown that the reaction efficiency for coarse metal powders or even metal scrap is drastically improved as the reaction temperature increases. Metal scrap and macroscopic metal slugs are shown to be converted to hydrogen with 100% efficiency in supercritical water. For finer powders/materials, full yield can be obtained under subcritical water conditions (for example from 200° C. to 373° C)” [0026], and pressure and temperature are in a direct relationship in an enclosed volume.
It would have been obvious to a person having ordinary skills in the art before the effective filing date of the claimed invention to provide Macrae with Trowell’s structure discussed above so the reactor operat[es] at a supercritical temperature and pressure because “increase in reaction temperature has led to a significant increase in heat and hydrogen yield of the reaction” as taught by Trowell [0026].
Macrae teaches a combustor as discussed above, but Macrae in view of Trowell, as discussed so far, is silent about”
[the combustor] operable to produce a flow of combustion gas in response to the receipt and combustion of the flow of hydrogen and a first portion of the flow of steam;
a turbine operable to produce rotation of a first shaft in response to the receipt of the flow of combustion gas;
[a steam turbine operable to produce rotation of a second shaft in response to the receipt of a] second portion of the flow of steam;
However, Dowdy teaches “High Efficiency Method To Burn Oxygen And Hydrogen In A Combined Cycle Power Plant” (title), and
[the combustor] (10’, Fig 3) operable to produce a flow of combustion gas (17’) in response to the receipt and combustion of the flow of hydrogen (48’, Col 8 ll. 10-15) and a first portion of the flow of steam (66’);
a turbine (inter alia,19’)operable to produce rotation of a first shaft in response to the receipt of the flow of combustion gas (moist hot compressed gas 17 from the combustion section 10 is directed to the turbine section 19 and then expanded, thereby producing power in the rotor shaft 26 that drives the compressor 8, Col 4 ll 45-50, The moist hot compressed gas 17' from the first combustion section 10', which still contains a significant amount of oxygen, is then partially expanded in a high pressure turbine 19' Col 7 ll. 55-60);
a steam turbine (3) operable to produce rotation of a second shaft (39) in response to the receipt of a second portion of the flow of steam (60);
It would have been obvious to a person having ordinary skills in the art before the effective filing date of the claimed invention to provide Macrae in view of Trowell with Dowdy's structure discussed above, so “Hydrogen is used as the fuel source in a gas turbine combined cycle power plant […] The steam is produced by transferring heat from the turbine exhaust gas to feed water. Since no hydrocarbon fuel is used, fuel bound NOx is eliminated. Moreover, if pure oxygen is used, rather than air, for the combustion of the hydrogen, then the only emission from the power plant is water vapor, which may be condensed and returned to the cycle” as taught by Dowdy (abstract).
Macrae teaches that water is fed into the reactor, as discussed above, and that extreme heat is produced [0105], indicating the water used in the reaction would also lead to the production of the first steam, as claimed, in addition to hydrogen.
However, and to remove any doubt, Cowley 20111020 teaches “the mixture of aluminum powder and steam reacts with water in the combustor to produce the molten aluminum oxide droplets, heat, additional steam, and hydrogen” [0008], further confirming that steam is produced in addition to hydrogen when aluminum and water and mixed; also see Fig 1.
It would have been obvious to a person having ordinary skills in the art before the effective filing date of the claimed invention to provide Macrae in view of Trowell and Dowdy with Cawley’s teachings discussed above, making use of the steam produced in the reactor during the production of hydrogen, in order to better take advantage of the energy produced by the reaction.
Regarding claim 6, Macrae in view of Trowell, Dowdy and Cawley teaches the invention as discussed for claim 5.
As already discussed, Macrae in view of Trowell, Dowdy and Cawley teaches:
the flow of liquid water is converted to a second flow of steam in response to cooling the reactor (as discussed for claim 5, Macrae [0105]).
Regarding claim 7, Macrae in view of Trowell, Dowdy and Cawley teaches the invention as discussed for claim 6.
Macrae further teaches:
the second flow of steam is directed to the steam turbine (o produce steam for turbine system 1812 [0105])
It would have been obvious to a person having ordinary skills in the art before the effective filing date of the claimed invention to provide Dowdy in view of Macrae and Cawley with Macrae's structure discussed above, so that “as steam turbine 1812 runs with steam pressure, electricity generation can be instant from the turbine” Macrae [0107].
Regarding claim 12, Macrae teaches:
A power generation system (hydrogen production system, useful to power vehicles, heat homes, or power electricity-producing power plants, abstract) comprising:
a reactor (“reactor pressure vessel 1806, [0105]) operable to produce a flow of hydrogen (“to produce hydrogen and extreme levels of heat” [0105]) in response to the receipt of a flow of reactant mixture (raw aluminum powder, aluminum granules, recycled aluminum or solid aluminum materials, contained in hopper 1802 for its fuel […] water cab be injected from top of reactor at injection port [0105]),
a reactor cooling system (water 1808 [0105-0107], Fig 18) fluidly coupled to the reactor (pressure vessel 1806 encased in a water vessel 1808 [0105]), the reactor cooling system operable to produce a second flow of steam separate from the first flow of steam in response to cooling the reactor (inter alia, steam from boiled water jacket 1808 [0105], indicating heat transfer from the reactor to the water in the water jacket, i.e., cooling the reactor).
Macrae teaches the reactor as discussed but is silent about it operating at a supercritical temperature and pressure as claimed.
However, Trowell teaches a “method for hydrogen production via metal-water reaction” (title), and Trowell teaches that “It was surprisingly found that an increase in reaction temperature has led to a significant increase in heat and hydrogen yield of the reaction. It is believed that once in the supercritical regime, water becomes a solvent for non-polar species such as the oxides and hydroxides that form as a result of the reaction. Because of this change in property, the products do not adhere to the surface of the unreacted metal, but rather dissolve into the water. This would explain that this continual exposure of reactive metal to the oxidizing fluid results in full yield, regardless of initial particle size. When the temperature is reduced to subcritical levels (for example from 373° C. to 200° C.), the solid reaction products precipitate out of the liquid. The following examples have shown that the reaction efficiency for coarse metal powders or even metal scrap is drastically improved as the reaction temperature increases. Metal scrap and macroscopic metal slugs are shown to be converted to hydrogen with 100% efficiency in supercritical water. For finer powders/materials, full yield can be obtained under subcritical water conditions (for example from 200° C. to 373° C.)” [0026], and pressure and temperature are in a direct relationship in an enclosed volume.
It would have been obvious to a person having ordinary skills in the art before the effective filing date of the claimed invention to provide Macrae with Trowell’s structure discussed above so the reactor operat[es] at a supercritical temperature and pressure because “increase in reaction temperature has led to a significant increase in heat and hydrogen yield of the reaction” as taught by Trowell [0026].
Macrae in view of Trowell, as discussed so far, is silent about:
a combustion turbine including a compressor operable to produce a flow of compressed air, a combustor operable to combust the flow of hydrogen and the flow of compressed air to produce a flow of combustion gas, and a turbine operable to produce rotation of a first shaft in response to the receipt of the flow of combustion gas;
a first generator coupled to the first shaft and operable to generate a first electrical power in response to rotation of the first shaft;
a steam turbine operable to produce rotation of a second shaft in response to the receipt of the second flow of steam; and
a second generator coupled to the second shaft and operable to generate a second electrical power in response to rotation of the second shaft.
However, Dowdy teaches “High Efficiency Method To Burn Oxygen And Hydrogen In A Combined Cycle Power Plant” (title), and:
a combustion turbine (gas turbine 1) including a compressor (8) operable to produce a flow of compressed air (9), a combustor (inter alia, 10’) operable to combust the flow of hydrogen (48’) and the flow of compressed air (9) to produce a flow of combustion gas (17’), and a turbine operable to produce rotation of a first shaft (26) in response to the receipt of the flow of combustion gas (moist hot compressed gas 17 from the combustion section 10 is directed to the turbine section 19 and then expanded, thereby producing power in the rotor shaft 26 that drives the compressor 8., Col 4 ll 45-50, The moist hot compressed gas 17' from the first combustion section 10', which still contains a significant amount of oxygen, is then partially expanded in a high pressure turbine 19' Col 7 ll. 55-60);
a first generator coupled to the first shaft and operable to generate a first electrical power (37, Fig 1, 3, 5) in response to rotation of the first shaft (Col 4 ll. 50-55);
a steam turbine (3) operable to produce rotation of a second shaft (39) in response to the receipt of the second flow of steam (60); and
a second generator (38) coupled to the second shaft and operable to generate a second electrical power in response to rotation of the second shaft (Fig 3, Col 5 ll. 52-57).
It would have been obvious to a person having ordinary skills in the art before the effective filing date of the claimed invention to provide Macrae in view of Trowell with Dowdy's structure discussed above, so “Hydrogen is used as the fuel source in a gas turbine combined cycle power plant […] The steam is produced by transferring heat from the turbine exhaust gas to feed water. Since no hydrocarbon fuel is used, fuel bound NOx is eliminated. Moreover, if pure oxygen is used, rather than air, for the combustion of the hydrogen, then the only emission from the power plant is water vapor, which may be condensed and returned to the cycle” as taught by Dowdy (abstract).
Macrae teaches that water is fed into the reactor, as discussed above, and that extreme heat is produced [0105], indicating the water used in the reaction would also lead to the production of the first steam in addition to hydrogen.
However, and to remove any doubt, Cowley 20111020 teaches “the mixture of aluminum powder and steam reacts with water in the combustor to produce the molten aluminum oxide droplets, heat, additional steam, and hydrogen” [0008],], further confirming that steam is produced in addition to hydrogen when aluminum and water and mixed; also see Fig 1.
It would have been obvious to a person having ordinary skills in the art before the effective filing date of the claimed invention to provide Dowdy in view of Macrae with Cawley’s teachings discussed above, making use of the steam produced in the reactor during the production of hydrogen, in order to better take advantage of the energy produced by the reaction.
Regarding claim 13, Macrae in view of Trowell, Dowdy and Cawley teaches the invention as discussed for claim 12.
Macrae further teaches:
wherein the flow of reactant mixture includes a mixture of aluminum and water (inter alia, Hydrogen is produced from the water and aluminum [0038]).
Regarding claim 16, Macrae in view of Trowell, Dowdy and Cawley teaches the invention as discussed for claim 12.
Macrae further teaches:
Wherein the reactor cooling system is operable to deliver a flow of liquid water (water (post-generation) and reinserted back into water jacket 1818 [0107]) to the reactor (water jacket 1808 (that is containing the reactor itself) [0107]) to cool the reactor (inter alia, steam from boiled water jacket 1808 [0105], indicating heat transfer from the reactor to the water in the water jacket, i.e., cooling the reactor)
Regarding claim 17, Macrae in view of Trowell, Dowdy and Cawley teaches the invention as discussed for claim 16. As already discussed, Macrae in view of Trowell, Dowdy and Cawley teaches:
wherein the flow of liquid water is converted to the second flow of steam in response to cooling the reactor (as already discussed, inter alia, steam from boiled water jacket 1808, Macrae [0105], indicating heat transfer from the reactor to the water in the water jacket, i.e., cooling the reactor).
Regarding claim 19, Macrae in view of Trowell, Dowdy and Cawley teaches the invention as discussed for claim 12. Macrae in view of Trowell, Dowdy and Cawley, as discussed so far, is silent about the combustion temperature is maintained in part by the first flow of steam as claimed.
However, Dowdy teaches:
wherein the combustor operates at a combustion temperature, and wherein the combustion temperature is maintained at a desired temperature in part in response to the delivery of a first portion of the first flow of steam to the combustor (a first portion 48' of the pressurized hydrogen is burned in a first combustion section 10' in a mixture of compressed air 9 and steam 66' Col 7 ll. 45-53).
Regarding claim 20, Macrae in view of Trowell, Dowdy and Cawley teaches the invention as discussed for claim 19. Macrae in view of Trowell, Dowdy and Cawley, as discussed so far, is silent about the primary and secondary combustion sections as claimed.
However, Dowdy teaches:
wherein the combustor includes a primary combustion section (10’) and a secondary combustion section (10’’’’), the primary combustion section receiving a sub portion of the first portion of the first flow of steam (66’) and the secondary combustion section receiving a remaining portion of the first portion of the first flow of steam (66’’).
Regarding claim 21, Macrae in view of Trowell, Dowdy and Cawley teaches the invention as discussed for claim 20. Macrae in view of Trowell, Dowdy and Cawley, as discussed so far, is silent about the primary and secondary combustion temperatures and how they are maintained, as claimed.
However, Dowdy teaches:
wherein the primary combustion section operates at a primary combustion temperature (associated with “From the high pressure turbine 19', the hot moist partially expanded gas 18', which is essentially air, water vapor and nitrogen and may be at a temperature of about 870.degree. C. (1600.degree. F.)” Col 7 ll. 60-68) and the secondary combustion section operates at a secondary combustion temperature (The excess oxygen in this steam/gas mixture provides the oxygen for the combustion of the second portion 48" of the pressurized hydrogen in the reheat combustion section 10", which raises the temperature of the gas back up to a level that suitable for optimum power output in the low pressure turbine 19", Col 7 ll. 60- Col 8 ll. 9), wherein the primary combustion temperature is maintained at a desired primary temperature (combustion temperature) in part in response to a sub portion temperature and a sub portion quantity of the sub portion of the first portion of the first flow of steam (the high pressure turbine 19'is cooled by a portion 68' of the steam 64 Col 7 ll 57- 62), and wherein the secondary combustion temperature is maintained at a desired secondary temperature (combustion temperature) in part in response to a remaining portion temperature and a sub portion quantity of the remaining portion of the first portion of the first flow of steam (raises the temperature of the gas back up to a level that suitable for optimum power output in the low pressure turbine 19", which is also steam cooled by steam 68" Col 8 ll 1-8).
Regarding claim 22, Macrae in view of Trowell, Dowdy and Cawley teaches the invention as discussed for claim 21. Macrae in view of Trowell, Dowdy and Cawley, as discussed so far, is silent about the primary and secondary temperatures being maintained by quantities of hydrogen as claimed.
However, Dowdy teaches:
wherein the primary combustion temperature is maintained at the desired primary temperature in part in response to a primary hydrogen temperature (hydrogen has a temperature) and a primary hydrogen quantity of hydrogen delivered to the primary combustion section (“a first portion 48' of the pressurized hydrogen is burned in a first combustion section 10' in a mixture of compressed air 9 and steam 66' as before, except that the ratio of the compressed air in the steam/air mixture 32 in the first combustion section 10' is considerably in excess of that associated with the stoichiometric combustion of the first portion of the hydrogen 48' and, preferably, is at least 150% of that associated with stoichiometric combustion” Col 7 ll. 45-58) and wherein the secondary combustion temperature is maintained at the desired secondary temperature (it has a secondary temperature) in part in response to a secondary hydrogen temperature (hydrogen has a temperature) and a secondary hydrogen quantity of hydrogen delivered to the secondary combustion section (“second portion 48" of the pressurized hydrogen” Col 7 ll. 65- Col 8 ll. 6).
Response to Arguments/Remarks
Applicant’s arguments have been considered, but they are not persuasive because they do not apply to the new combination of references, i.e., adding a new reference to the old combination of references, that was necessitated by applicant’s amendment. However, to the extent possible, applicant’s arguments have been addressed in the body of the rejections above, at the appropriate location.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Roberto T. Igue whose telephone number is (303)297-4389. The examiner can normally be reached Monday-Friday 7:30-4:30 PT.
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/ROBERTO TOSHIHARU IGUE/ /GERALD L SUNG/ Primary Examiner, Art Unit 3741 Examiner, Art Unit 3741