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
Claims 1 and 6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected method, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on May 18, 2026.
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 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) 3, 5, and 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeong et al. (KR 101912536 B1, machine translation provided) in view of JP 4254127 B2 (machine translation provided) and Seo et al. (KR 20130042885 A, machine translation provided).
Regarding claim 3, Jeong et al. discloses an apparatus for producing a hydrogen-enriched gas, the apparatus comprising: a reactor (130) configured to generate a mixed gas containing hydrogen and oxygen through a water decomposition reaction using sunlight in a presence of a photocatalyst; a first storage tank (90) configured to collect the mixed gas; a second storage tank (90) configured to collect the mixed gas; and a gas separation device (80) having an ability to separate hydrogen and oxygen and to which the mixed gas from the first storage tank or the second storage tank is supplied (see Abstract; figure 1; and description of embodiments), since the use of the apparatus isn't limiting or the material the apparatus acts upon isn't limiting.
Jeong et al. fails to disclose a gas separation device which includes a membrane having an ability to separate hydrogen and oxygen and to which the mixed gas from the first storage tank or the second storage tank is supplied; and a valve mechanism configured to be able to switch from a state in which the first storage tank communicates with the gas separation device to a state in which the second storage tank communicates with the gas separation device.
However, in figure 1, Seo et al. appears to disclose valves placed in between separator (80) and storage tanks (90).
JP 4254127 B2 discloses a desire to develop an infrastructure for hydrogen supply such as a method to obtain hydrogen directly from light energy and water by photocatalytic reaction (see paragraph 0003); a hydrogen separation part (52a) such as a film or membrane (see paragraph 0027); and if a higher purity (99.9% or higher) supply of hydrogen is required, hydrogen can be obtained using activated carbon, hydrogen separator membrane, silica separation membrane, palladium/silver separation membrane, etc (see paragraph 0028).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Jeong et al. with the teachings of JP 4254127 B2 resulting in a gas separation device which includes a membrane having an ability to separate hydrogen and oxygen and to which the mixed gas from the first storage tank or the second storage tank is supplied for a higher purity supply of hydrogen.
Seo et al. discloses a hydrogen generating device (see Abstract); the device or peripheral device (150) comprises a reactor (130), a first and second switch valve (156, 157), a water trap (154), a three-way separation valve (145) an oxygen discharge pipe (162), and a gas discharge unit (155); the ga discharge unit (155) stores hydrogen supplied through the three-way separation (158) in a container (170) (see Abstract; figures 1-5; and descriptions of embodiments).
Because these two valve mechanism (two valved lines and three lines and a three-way separation valve) were art-recognized equivalents before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to substitute three lines and a three-way separation valve for two valved lines.
Regarding claim 5, Jeong et al. discloses an apparatus wherein both of the first storage tank (90) and the second storage tank (90) comprise a ceiling portion (see Abstract; figure 1; and description of embodiments).
Jeong et al. fails to disclose that the two storage tanks comprise a ceiling portion provided with an opening through which the mixed gas enters and exits, and a partition plate extending downward from a lower surface of the ceiling portion and forming a flow path for the mixed gas together with the lower surface of the ceiling portion.
It would have been an obvious matter of design choice to have the two storage tanks comprise a ceiling portion provided with an opening through which the mixed gas enters and exits, and a partition plate extending downward from a lower surface of the ceiling portion and forming a flow path for the mixed gas together with the lower surface of the ceiling portion, since applicant has not disclosed that having the two storage tanks comprise a ceiling portion provided with an opening through which the mixed gas enters and exits, and a partition plate extending downward from a lower surface of the ceiling portion and forming a flow path for the mixed gas together with the lower surface of the ceiling portion solves any stated problem or is for any particular purpose and it appears that the invention would perform well with the two storage tanks comprise a ceiling portion provided with an opening through which the mixed gas enters and exits, and a partition plate extending downward from a lower surface of the ceiling portion and forming a flow path for the mixed gas together with the lower surface of the ceiling portion.
Regarding claim 7, the teachings of the prior art references fail to disclose an apparatus wherein the first storage tank has a structure that finely partitions a space in which the mixed gas is stored.
It would have been an obvious matter of design choice to have the first storage tank has a structure that finely partitions a space, since applicant has not disclosed that having the first storage tank has a structure that finely partitions a space solves any stated problem or is for any particular purpose and it appears that the invention would perform well with the first storage tank has a structure that finely partitions a space.
Regarding claim 8, the teachings of the prior art references fail to disclose an apparatus wherein the first storage tank has a flow path for storing the mixed gas, and a cross-sectional area of the flow path is 5 cm2 or less.
It would have been an obvious matter of design choice to have the first storage tank has a flow path for storing the mixed gas, and a cross-sectional area of the flow path is 5 cm2 or less, since applicant has not disclosed that having the first storage tank has a flow path for storing the mixed gas, and a cross-sectional area of the flow path is 5 cm2 or less solves any stated problem or is for any particular purpose and it appears that the invention would perform well with the first storage tank has a flow path for storing the mixed gas, and a cross-sectional area of the flow path is 5 cm2 or less.
Regarding claim 9, the teachings of the prior art references fail to disclose an apparatus wherein the first storage tank includes at least one selected from the group consisting of a partition plate, a cylindrical member, a plate-like member, and a tube for finely partitioning a space in which the mixed gas is stored.
It would have been an obvious matter of design choice to have the first storage tank includes at least one selected from the group consisting of a partition plate, a cylindrical member, a plate-like member, and a tube for finely partitioning a space in which the mixed gas is stored, since applicant has not disclosed that having the first storage tank includes at least one selected from the group consisting of a partition plate, a cylindrical member, a plate-like member, and a tube for finely partitioning a space in which the mixed gas is stored solves any stated problem or is for any particular purpose and it appears that the invention would perform well with the first storage tank includes at least one selected from the group consisting of a partition plate, a cylindrical member, a plate-like member, and a tube for finely partitioning a space in which the mixed gas is stored.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATASHA E YOUNG whose telephone number is (571)270-3163. The examiner can normally be reached M-F 7:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wang Claire 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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NATASHA E. YOUNG
Examiner
Art Unit 1774
/NATASHA E YOUNG/Primary Examiner, Art Unit 1774
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