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 .
Claims 1-20 are pending and under consideration for this Office Action.
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.
Claim(s) 1, 3-7, 10, and 13-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tremblay et al (US 20110240483 A1).
Claim 1: Tremblay discloses a sensor system (see e.g. #201 on Fig 5) comprising:
a sensor array comprising one or more sensors associated with an electrolyzer cell (see e.g. #203 on Fig 5), wherein the one or more sensors produce sensory signals corresponding to one or more specified phenomena of the electrolyzer cell (see e.g. [0070]: “The data acquisition and transmission unit 203 is intended to measure the voltage at the terminal 303 and 305 of each electrolyzing cell”; [0071]: “measure other variables such as temperatures and gas concentrations measured by adequate sensors”);
a sensor board (see e.g. [0071]: “It may include electronic boards called MODA (Module Acquisition)”) configured to amplify, filter, shape, or condition the sensory signals (see e.g. [0071]: “The MODA contains A/D converters that convert the analogic signals into digital signals with a defined sampling rate, memory buffers, digital filters that eliminate the undesired noise”) and to digitize the sensory signals to provide digitized information (see e.g. [0071]: “The MODA contains A/D converters that convert the analogic signals into digital signals”);
a first communication link between the sensor board and the sensor array (although not explicitly disclosed, the first communication link would be an inherent aspect needed for the sensor boards to process the data measured by the sensors) and
a second communication link configured to transmit the digitized information to a central controller outside the sensor system (see e.g. [0070]: “to transmit the measured voltage”).
Claim 3: Tremblay discloses that the one or more specified phenomena of the electrolyzer cell comprises at least one of: a voltage across the electrolyzer cell (see e.g. [0061]), a pH in at least a portion of the electrolyzer cell and a temperature at a specified location of the electrolyzer cell ([0071]: “measure other variables such as temperatures and gas concentrations measured by adequate sensors”).
Claim 4: Tremblay discloses an electrolyzer system (see e.g. #201 on Fig 5) comprising:
an electrolyzer stack (see e.g. #1 on Fig 5) comprising one or more electrolyzer cells (see e.g. #2 on Fig 5), wherein each electrolyzer cell comprises a first half-cell with a first electrode and a second half-cell with a second electrode (see e.g. [0005]);
a central controller (computer, see e.g. #205 on Fig 5) configured to control operation of one or more aspects of each of the one or more electrolyzer cells of the electrolyzer stack (see e.g. [0073]);
a sensor array for each of one or more corresponding electrolyzer cells of the electrolyzer stack (see e.g. #203 on Fig 5), wherein each sensor array comprises one or more sensors associated with the corresponding electrolyzer cell, wherein the one or more sensors produce sensory signals corresponding to one or more specified phenomena of the corresponding electrolyzer cell (see e.g. [0070]: “The data acquisition and transmission unit 203 is intended to measure the voltage at the terminal 303 and 305 of each electrolyzing cell”; [0071]: “measure other variables such as temperatures and gas concentrations measured by adequate sensors”);
a sensor board for each corresponding electrolyzer cell (see e.g. [0071]: “It may include electronic boards called MODA (Module Acquisition)”), wherein each sensor board is configured to amplify, filter, shape, or condition the sensory signals from a corresponding sensor array (see e.g. [0071]: “The MODA contains A/D converters that convert the analogic signals into digital signals with a defined sampling rate, memory buffers, digital filters that eliminate the undesired noise”) and to digitize the sensory signals of the corresponding sensor array to provide digitized information for the corresponding electrolyzer cell (see e.g. [0071]: “The MODA contains A/D converters that convert the analogic signals into digital signals”);
and a communication link for each sensor board, wherein each communication link is configured to transmit the digitized information for the corresponding electrolyzer cell to the central controller (see e.g. [0070]: “to transmit the measured voltage”; [0073]: “According to one embodiment, the data is sent via optical fibers 204. The SFOCOM 205 is a board plugged in a personal computer or terminal. It is capable of receiving, concentrating and formating the data streams).
Claim 5: Tremblay discloses that the electrolyzer stack comprises a plurality of electrolyzer cells connected in series (see e.g. [0023]).
Claim 6: Tremblay discloses that the electrolyzer stack comprises 2, 10, or 100 (see e.g. [0052]).
Claim 7: Tremblay discloses that the one or more specified phenomena of the electrolyzer cell comprises at least one of: a voltage across the electrolyzer cell (see e.g. [0061]), a pH in at least a portion of the electrolyzer cell and a temperature at a specified location of the electrolyzer cell (see e.g. [0071]: “measure other variables such as temperatures and gas concentrations measured by adequate sensors”).
Claim 10: Tremblay discloses that the central controller receives data from the communication link and processes the data with a specified logic and takes one or more specified actions based on the processed data (see e.g. [0066]: “The steps D, E and F may be carried out by an appropriate computer program executed by a computer”; [0073]: “the data is sent via optical fibers 204. The SFOCOM 205 is a board plugged in a personal computer or terminal… The treatment device 205 may comprise means for implementing a product of computer program capable of carried out the method”).
Claim 13: Tremblay discloses a method of producing hydrogen gas (see e.g. [0042]), the method comprising:
providing or receiving an electrolyzer stack (see e.g. #1 on Fig 5) comprising one or more electrolyzer cells (see e.g. #2 on Fig 5), wherein each electrolyzer cell comprises a first half-cell with an anode and a second half-cell with a cathode (see e.g. [0005]);
producing hydrogen gas at the cathode (see e.g. [0042]);
measuring one or more specified phenomena of a corresponding one of the one or more electrolyzer cells with a sensor array (see e.g. [0061]: “measuring the voltage”; [0071]: “measure other variables such as temperatures and gas concentrations measured by adequate sensors”) comprising one or more sensors associated with the corresponding one of the one or more electrolyzer cells (see e.g. #203 on Fig 5; [0025]: “each of the acquisition and transmission units are configured to measure the single voltage”; [0071]: “temperatures and gas concentrations measured by adequate sensors”), wherein the one or more sensors produce sensory signals corresponding to the one or more specified phenomena (see e.g. [0061] and [0071]);
modifying the sensory signals (see e.g. [0071]: “The MODA contains A/D converters that convert the analogic signals into digital signals with a defined sampling rate, memory buffers, digital filters that eliminate the undesired noise”) to provide digitized information corresponding to the sensory signals (see e.g. [0071]: “The MODA contains A/D converters that convert the analogic signals into digital signals”); and
transmitting the digitized information to a central controller configured to control operation of one or more aspects of the one or more electrolyzer cells of the electrolyzer stack (see e.g. [0070]: “to transmit the measured voltage”; [0073]: “According to one embodiment, the data is sent via optical fibers 204. The SFOCOM 205 is a board plugged in a personal computer or terminal. It is capable of receiving, concentrating and formating the data streams).
Claim 14: Tremblay discloses that modifying the sensory signals comprises at least one of amplifying, filtering, shaping, or conditioning the sensory signals to produce the digitized information (see e.g. [0071]: “The MODA contains A/D converters that convert the analogic signals into digital signals with a defined sampling rate, memory buffers, digital filters that eliminate the undesired noise”).
Claim 15: Tremblay discloses that the electrolyzer stack comprises a plurality of electrolyzer cells connected in series (see e.g. [0023]).
Claim 16: Tremblay discloses that the one or more specified phenomena comprise at least one of: a voltage across the corresponding one of the one or more electrolyzer cells (see e.g. [0062]), a pH in at least a portion of the corresponding one of the one or more electrolyzer cells, and a temperature at a specified location of the corresponding one of the one or more electrolyzer cells (see e.g. [0071]: “measure other variables such as temperatures and gas concentrations measured by adequate sensors”).
Claim 17: Tremblay discloses receiving the digitized information at the central controller; processing the received digitized information with specified logic at the central controller; and taking one or more specified actions with the central controller (see e.g. [0066]: “The steps D, E and F may be carried out by an appropriate computer program executed by a computer”; [0073]: “the data is sent via optical fibers 204. The SFOCOM 205 is a board plugged in a personal computer or terminal… The treatment device 205 may comprise means for implementing a product of computer program capable of carried out the method”).
Claim 18: Tremblay discloses that the one or more specified actions comprise activating a mechanism that controls the operation of the electrolyzer stack (see e.g. [0066]: “The steps D, E and F may be carried out by an appropriate computer program executed by a computer”; [0073]: “the data is sent via optical fibers 204. The SFOCOM 205 is a board plugged in a personal computer or terminal… The treatment device 205 may comprise means for implementing a product of computer program capable of carried out the method”)
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.
Claim(s) 2, 8, 9, 11, 12, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tremblay in view of You et al (US 7470356 B2).
Claim 2: Tremblay discloses that the second communication link is in communication with the central controller (see e.g. [0073]: “According to one embodiment, the data is sent via optical fibers 204. The SFOCOM 205 is a board plugged in a personal computer or terminal. It is capable of receiving, concentrating and formating the data streams”).
Tremblay does not explicitly teach that the second communication link includes a wireless transponder configured for wirelessly communication with the central controller. You teaches a means of wirelessly monitoring electrolytic cells (see e.g. abstract), making it analogous art (see MPEP § 2141.01(a) I). The system of You includes sensors (see e.g. col 6, lines 20-23) that wirelessly communicate with a central controller (“computer” see e.g. col 9, lines 2-10: “Thus, a reciprocating ECM coordinator-ECM-coordinator arrangement preferably exists for transmitting data from the sensors of electrolytic cell 22 to computer”) using a wireless transponder (see e.g. col 7, lines 33-37: “ECM 30 is preferably in electronic communication with one or more coordinators 32 over a real-time, wireless communications network 34. Preferably, communication between ECMs 30 and coordinators 32 is two-way”). The wireless communication allows for “less expensive, less intrusive, lower maintenance, and higher efficiency electrolytic cell monitoring systems and methods” (see e.g. col 3, lines 28-30) compared to hardwired monitoring systems (see e.g. col 2, lines 51-55). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system of Tremblay to use the wireless transponder of You to allow for the wireless transmission of the data for the benefits listed above.
Claim 8: Tremblay does not explicitly teach at least one of the communication links between the sensor boards and the central controller comprises a sensor board wireless transponder configured to wirelessly transmit the digitized information from the sensor board to the central controller. You teaches a means of wirelessly monitoring electrolytic cells (see e.g. abstract), making it analogous art (see MPEP § 2141.01(a) I). The system of You includes sensors (see e.g. col 6, lines 20-23) that wirelessly communicate with a central controller (“computer” see e.g. col 9, lines 2-10: “Thus, a reciprocating ECM coordinator-ECM-coordinator arrangement preferably exists for transmitting data from the sensors of electrolytic cell 22 to computer”) using a wireless transponder (see e.g. col 7, lines 33-37: “ECM 30 is preferably in electronic communication with one or more coordinators 32 over a real-time, wireless communications network 34. Preferably, communication between ECMs 30 and coordinators 32 is two-way”). The wireless communication allows for “less expensive, less intrusive, lower maintenance, and higher efficiency electrolytic cell monitoring systems and methods” (see e.g. col 3, lines 28-30) compared to hardwired monitoring systems (see e.g. col 2, lines 51-55). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system of Tremblay to use the wireless transponder of You to allow for the wireless transmission of the data for the benefits listed above.
Claim 9: Tremblay in view of You teaches that the central controller comprises a central controller wireless transponder configured to communicate with each sensor board wireless transponder (see e.g. col 7, lines 33-37: “ECM 30 is preferably in electronic communication with one or more coordinators 32 over a real-time, wireless communications network 34. Preferably, communication between ECMs 30 and coordinators 32 is two-way”).
Claim 11: Tremblay does not explicitly teach that the sensor board and the sensor array for each corresponding electrolyzer cell derive power from at least one of: an electrolyzer voltage from the corresponding electrolyzer cell, standard electrical power, and one or more batteries. Therefore, a person having ordinary skill in the art before the effective filing date of the instant invention would be motivated to find a suitable means of proving power to the sensor board and the sensor array. You teaches a means of wirelessly monitoring electrolytic cells (see e.g. abstract), making it analogous art (see MPEP § 2141.01(a) I). You teaches the following in the connecting paragraph of col 10 and col 11:
Typical cell Voltages generally range between approximately 0.1-0.8 volts, and they are commonly between approximately 0.2-0.3 Volts, and even more commonly, they are approximately 0.25 volts. This is generally insufficient to power the microprocessor-based ECM30, so voltage booster 54 is provided. Voltage booster 54 boosts the ultra-low cell Voltages from the approximately less than 0.1 to approximately 5.0 volts. If insufficient voltage is available from electrolytic cell 22 to power voltage booster 54 (i.e., voltage greater than 0.15 volts may not always be available from electrolytic cell 22), re-chargeable battery 56 can also be provided… On the other hand, if sufficient voltage is available from electrolytic cell 22 to power microprocessor-based ECM 30, it can be used directly, without voltage booster 54 or rechargeable battery 56. In other words, if sufficient voltage is available from electrolytic cell 22 to feed voltage booster 54 (i.e., greater than 0.15 volts), then ECM 30 can be powered by voltage booster 54.
Therefore, it would have been obvious a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system of Tremblay to use the rechargable batteries taught in You to power the sensor board and the sensor array as taught in You because You teaches that this is a suitable means of providing power to these devices and can also utilize the power provided by the cell itself, if needed.
Claim 12: Tremblay in view of You teaches that the one or more batteries comprise one or more rechargeable batteries, wherein the one or more batteries are configured to be recharged by at least one of the one or more electrolyzer cells (see e.g. connecting paragraph of col 10 and col 11).
Claim 19: Tremblay does not explicitly teach supplying power for the one or more sensors from at least one of: the corresponding one of the one or more electrolyzer cells, standard electrical power, and one or more batteries. Therefore, a person having ordinary skill in the art before the effective filing date of the instant invention would be motivated to find a suitable means of proving power to the sensors. You teaches a means of wirelessly monitoring electrolytic cells (see e.g. abstract), making it analogous art (see MPEP § 2141.01(a) I). You teaches the following in the connecting paragraph of col 10 and col 11:
Typical cell Voltages generally range between approximately 0.1-0.8 volts, and they are commonly between approximately 0.2-0.3 Volts, and even more commonly, they are approximately 0.25 volts. This is generally insufficient to power the microprocessor-based ECM30, so voltage booster 54 is provided. Voltage booster 54 boosts the ultra-low cell Voltages from the approximately less then 0.1 to approximately 5.0 volts. If insufficient voltage is available from electrolytic cell 22 to power voltage booster 54 (i.e., voltage greater than 0.15 volts may not always be available from electrolytic cell 22), re-chargeable battery 56 can also be provided… On the other hand, if sufficient voltage is available from electrolytic cell 22 to power microprocessor-based ECM 30, it can be used directly, without voltage booster 54 or rechargeable battery 56. In other words, if sufficient voltage is available from electrolytic cell 22 to feed voltage booster 54 (i.e., greater than 0.15 volts), then ECM 30 can be powered by voltage booster 54.
Therefore, it would have been obvious a person having ordinary skill in the art before the effective filing date of the instant invention to modify the method of Tremblay to use the rechargable batteries taught in You to power the sensors as taught in You because You teaches that this is a suitable means of providing power to these devices and can also utilize the power provided by the cell itself, if needed.
Claim 20: Tremblay in view of You teaches recharging the one or more batteries from the one or more electrolyzer cells (see e.g. connecting paragraph of col 10 and col 11).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER W KEELING whose telephone number is (571)272-9961. The examiner can normally be reached 7:30 AM - 4:00 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.
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/ALEXANDER W KEELING/Primary Examiner, Art Unit 1795