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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 1 and 3-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wakita et al (US 2019/0363386 A1).
As to claim 1, Wakita discloses a hydrogen system comprising:
a compressor (#100) that causes, by application of a voltage between an anode and a cathode, hydrogen in a hydrogen-containing gas supplied to the anode to move to the cathode through an electrolyte membrane and compresses the hydrogen ([0091] “Here, the electrochemical hydrogen pump 100 includes an electrolyte membrane 1, an anode AN, a cathode CA, and a voltage applicator 21” [0101] “The electrochemical hydrogen pump 100 is a device that receives application of voltage by the voltage applicator 21, thereby pressurizes and sends hydrogen supplied to the anode AN via the anode flow path 6 to the cathode CA, and supplies the pressurized hydrogen in the cathode flow path 7 to the hydrogen storage apparatus 11. As the hydrogen storage apparatus 11, for example, a tank may be raised.”);
a first flow channel that supplies the hydrogen-containing gas to the anode (channel, i.e. line, from 10c to the anode 5a in Fig. 7A-7C);
a second flow channel that branches off from the first flow channel and supplies the hydrogen-containing gas to the cathode (#12C);
a check valve that is provided in the second flow channel and prevents a flow in a direction opposite to a flow of the hydrogen-containing gas to be supplied to the cathode (#10C valve when closed [0199]).
As to claim 3, Wakita discloses a pressure loss section provided in the first flow channel at a position downstream of a branch point at which the second flow channel branches (#16 which connects to the first channel past the branch point of the second channel and is designated as a “pressure drop unit” [0191]).
As to claim 4, the limitation “pressure loss in the second flow channel is smaller than pressure loss in the first flow channel downstream of a branch point at which the second flow channel branches” is a feature of the arrangement of the particular device as claimed without imparting further structural differentiation over the prior art. Thus, the limitation is deemed anticipated since the prior art discloses the specific arrangement of components as claimed.
As to claim 5, Wakita discloses a supply pressure of the hydrogen-containing gas to be supplied through the first flow channel is greater than or equal to 0.1 MPaG and less than or equal to 20 MPaG. ([0147]).
As to claim 6, Wakita discloses A hydrogen system operating method comprising:
causing, by applying a voltage between an anode and a cathode, hydrogen in a hydrogen-containing gas supplied to the anode to move to the cathode through an electrolyte membrane and compressing the hydrogen ([0101] “The electrochemical hydrogen pump 100 is a device that receives application of voltage by the voltage applicator 21, thereby pressurizes and sends hydrogen supplied to the anode AN via the anode flow path 6 to the cathode CA, and supplies the pressurized hydrogen in the cathode flow path 7 to the hydrogen storage apparatus 11. As the hydrogen storage apparatus 11, for example, a tank may be raised.”); and
causing the hydrogen-containing gas to be supplied to the cathode concurrently with a start of supplying the hydrogen-containing gas to the anode ([0186] NOTE: the claim does not require the second channel as claimed in the independent claims 1 and 2 just that hydrogen-containing gas is supplied to the cathode concurrently with the start of the gas supply to the anode. Since Wakita discloses providing the hydrogen gas to the cathode to equalize the pressure above before the gas supply to the anode, the hydrogen gas is supplied to the cathode upon providing the gas to the anode. The claim does not require opening of any valves or explicit flow to the cathode over the total time flowing gas to the anode.).
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.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable by von Olshausen et al (US 2017/0175277 A1) in view of Wakita et al (US 2019/0363386 A1).
As to claim 2, von Olshausen discloses a hydrogen system comprising:
a compressor that causes, by application of a voltage between an anode and a cathode, hydrogen in a hydrogen-containing gas supplied to the anode to move to the cathode through an electrolyte membrane and compresses the hydrogen (#s44 electrolyte, # 43 cathode, #45 anode electrolysis cell, which uses a proton exchange membrane [0005]. NOTE: the recitation “that causes, by application of a voltage” is a statement as to the intended use of the apparatus via use of a voltage source in the manner claimed which does not impart further structural distinction to the electrochemical cell discloses in the prior art);
a first flow channel (#51) that supplies the hydrogen-containing gas to the anode;
a second flow channel that branches off from the first flow channel (#35) and supplies the hydrogen-containing gas to the cathode;
an on/off valve provided in the second flow channel (#35); and
opening the on/off valve concurrently with a start of supplying the hydrogen-containing gas to the anode through the first flow channel ([0117]).
Von olshausen fails to explicitly disclose a controller for the valve.
Wakita discloses using a controller to control a valve (# 50 [0178]).
Thus, it would have been obvious to one of ordinary skill in the art before the invention was filed to have used a controller to control the opening and closing of a valve as disclosed in Wakita in the system of von Olshausen in order to automate the valve opening when performing the method of von Olshausen in order to automatically equalize the pressure on the cathode and anode upon activation (vol Olshausen [0117] MPEP 2144.04 III).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUIS J RUFO whose telephone number is (571)270-7716. The examiner can normally be reached Monday to Friday, 9 am to 5 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luan Van can be reached at 571-272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LOUIS J RUFO/Primary Examiner, Art Unit 1795