Prosecution Insights
Last updated: May 28, 2026
Application No. 18/299,950

COMBINED FUEL CELL AND DIGESTION SYSTEM AND METHOD OF OPERATING THEREOF

Non-Final OA §102§103
Filed
Apr 13, 2023
Priority
Apr 15, 2022 — provisional 63/363,040
Examiner
GREENE, PATRICK MARSHALL
Art Unit
1724
Tech Center
1700 — Chemical & Materials Engineering
Assignee
BLOOM ENERGY CORPORATION
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
103 granted / 151 resolved
+3.2% vs TC avg
Strong +28% interview lift
Without
With
+28.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
14 currently pending
Career history
204
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
93.2%
+53.2% vs TC avg
§102
5.7%
-34.3% vs TC avg
§112
0.4%
-39.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 151 resolved cases

Office Action

§102 §103
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 The applicant’s election without traverse filed 1/20/26 is acknowledged, and the restriction is hereby made final. Claim Rejections - 35 USC § 102 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 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1 – 6 are rejected under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated by Jahnke, US20190148753A1. Regarding claim 1, Jahnke teaches a system [0002], comprising: a digestion system configured to convert a digestate into a fuel gas (hydrogen generation system)[0019]; and a fuel cell power system (fuel cell)[0020] configured to convert the fuel gas into power (generate electrical power)[0019] and heat (waste heat from cells)[0035], and to provide the heat to the digestion system (waste heat from cells to reformer)[0035]. Regarding claim 2, Jahnke teaches the system of claim 1, wherein the fuel gas comprises hydrogen (H2) (hydrogen)[0027]. Regarding claim 3, Jahnke teaches the system of claim 2, wherein the fuel cell power system comprises: fuel cells (cells (204))[0039]; a condenser configured to remove water from fuel exhaust output from the fuel cells to generate recycled fuel (condenser)[0051][0055]; a recycling conduit (recycle path (426))[ configured to receive the fuel exhaust from the fuel cells and transfer the fuel exhaust to the condenser; and a recycle blower (recycle blower (425)) configured to pressurize the recycled fuel output [fig. 4] from the condenser. Regarding claim 4, Jahnke teaches the system of claim 3, wherein the fuel cell power system further comprises a heat exchanger (450) configured to transfer heat from the fuel exhaust to a fluid provided to the digestion system (waste heat provided to reformer)[0035][0041]. Regarding claim 5, Jahnke teaches the system of claim 4, wherein the fluid comprises pressurized water or oil (water heat exchanger)[0017]. Regarding claim 6, Jahnke teaches the system of claim 4, wherein the digestion system comprises at least one reformer (reformer (430)), and wherein the fluid is configured to heat the at least one reformer [0041]. Claims 7 and 8 are rejected under 35 U.S.C. 103 by Jahnke, US20190148753A1, as applied to claim 6 above, and further in view of Galloway, US20240425761A1 Regarding claim 7, Jahnke teaches the system of claim 6. Jahnke does not teach wherein the digestion system further comprises a syngas cleanup module and a water-gas-shift module. Galloway teaches a system comprising a digestion system [0002] and a fuel cell power system [0004] wherein the digestion system further comprises a syngas cleanup module [0068] and a water-gas-shift module [0073]. Syngas cleanup prevents deactivation of the catalyst and increases the purity of the fuel stream [0068][0081] and water gas shift modules are commonly used in hydrogen production. Then, it would have been obvious to one of ordinary skill in the art to combine the cleanup module and shift module of Galloway into the digestion system of Jahnke to increase purity of the fuel. Regarding claim 8, combined Jahnke teaches the system of claim 7. Further, Galloway teaches wherein the digestion system further comprises a pressure-swing adsorption module [0063]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK M GREENE whose telephone number is (571)270-1340. The examiner can normally be reached M-F 8-5. 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, Miriam Stagg can be reached at (571)270-5256. 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. /PATRICK MARSHALL GREENE/Examiner, Art Unit 1724 /STEWART A FRASER/Primary Examiner, Art Unit 1724
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Prosecution Timeline

Apr 13, 2023
Application Filed
Feb 18, 2026
Non-Final Rejection mailed — §102, §103
May 18, 2026
Response Filed

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
97%
With Interview (+28.5%)
2y 12m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 151 resolved cases by this examiner. Grant probability derived from career allowance rate.

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