DETAILED ACTION
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.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 6 is rejected under 35 U.S.C. 101 because the applicant has provided evidence that the applicant intends the term "tangible computer readable storage medium” to include non-statutory matter. The applicant describes a tangible computer readable storage medium as including open ended language and thus it is reasonable to interpret it to include all possible mediums, including non-statutory mediums. The words "storage" and/or "recording" are insufficient to convey only statutory embodiments to one of ordinary skill in the art absent an explicit and deliberate limiting definition or clear differentiation between storage media and transitory media in the disclosure. As such, the claim is drawn to a form of energy. Energy is not one of the four categories of invention and therefore this claim is not statutory. Energy is not a series of steps or acts and thus is not a process. Energy is not a physical article or object and as such is not a machine or manufacture. Energy is not a combination of substances and therefore not a composition of matter.
The Examiner suggests amending the claim to read as a “non-transitory tangible computer readable storage medium”.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Limitation
Claims
Support / Interpretation
“a first determination unit configure to . . .”
1, 5
See the microcomputer 34 receiving the hydrogen generation request (S1) as illustrated in figure 4 and as described in paragraph 0023
“a first transmission unit configure to . . .”
1, 5
See the microcomputer 34 transmitting a hydrogen generation permission signal (S4) as illustrated in figure 4 and as described in paragraph 0024
“a second determination unit configure to . . .”
1, 5
See the microcomputer 34 receiving the power sale request (S6) as illustrated in figure 4 and as described in paragraph 0025
“a second transmission unit configure to . . .”
1, 5
See the microcomputer 34 transmitting a power selling permission signal (S9) as illustrated in figure 4 and as described in paragraph 0025
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over
U.S. Patent Application Publication No. 2018/0287387 (Lansing) in view of
U.S. Patent Application Publication No. 2022/0065162 (Hunt) and further in view of
U.S. Patent Application Publication No. 2008/0195255 (Lutze).
Claim 1:
The cited prior art describes a hydrogen station comprising: (Lansing: “FIG. 1 is a block diagram showing a system and related processes for generating renewable energy and hydrogen gas, and using the renewable energy and hydrogen gas to generate electric power” paragraph 0004; “As described previously, the control room is responsible for ensuring day to day plant operations and for executing computer programs that may provide automatic functioning of the related systems. According to an illustrative embodiment, a single unified program automates all or a portion of the process.” Paragraph 0048)
a hydrogen generation device including an electrolytic cell configured to electrolyze water to generate hydrogen, (Lansing: see the hydrogen production 120 as illustrated in figure 1; “Energy provided to the hydrogen production system 120 may be provided directly to the hydrogen production system 120 and used to produce hydrogen 126 and oxygen from a water source using electrolysis.” Paragraph 0014)
a hydrogen tank configured to store the hydrogen generated by the electrolytic cell, (Lansing: see the hydrogen storage 118 as illustrated in figure 1)
a fuel battery configured to generate electricity from the hydrogen in the hydrogen tank, and (Lansing: see the generators 116 as illustrated in figure 1 and as described in paragraph 0033; “In another embodiment, it the gas turbine generators may be replaced by fuel cells.” Paragraph 0033)
Lansing does not explicitly describe using AC, communicating, requests, or transmitting as described below. However, Hunt teaches the AC, communicating, and requests and Lutze teaches the transmitting as described below.
a converter configured to convert electricity generated by the fuel battery into alternating current and to supply the alternating current to a power grid of a power company; and (Lansing: see the transformer substation interconnect 108a s illustrated in figure 1; “During times of peak energy production or when adequate energy is stored in other parts of the system, the electric energy is provided to a transformer substation interconnect 108 and supplied to the public for use via a grid 110.” Paragraph 0012; “When the cogeneration system 116 is activated, hydrogen 126 that was created and stored during time periods in which there is an overabundance of renewable energy is supplied to the cogeneration system 116 to efficiently generate electric power that is subsequently supplied to the control room/switching station 106 and distributed to the user production facility 114 or to the grid 110, as described above.” Paragraph 0014) (Hunt: “Transformer 412A can transfer power from grid 128 to hydrogen generation system 400. Likewise, transformer 412B can transfer power from transformer 412A to converter 406. B-directional inverter 406 can convert alternating current from transformer 412A to direct current via AC converter 414.” Paragraph 0137; “GTCC 104, steam turbine 118, wind electricity sources 130 and solar electricity sources 132 can be provided with transformers 135A-135D, respectively, to transform voltage of generated power to a voltage compatible with grid 128.” Paragraph 0072)
a control unit configured to control the hydrogen generation device, (Lansing: see the control room / switching station 106 as illustrated in figure 1; “In an illustrative embodiment, the control room 106 includes a control system that implements an automated process for activating and deactivating the systems described.” Paragraph 0034)
wherein the control unit is configured to communicate with a terminal owned by the power company, (Hunt: see the storage controllers 24A, battery/generator controllers 24B, and controllers 120-126 communicating with the controller 108 (i.e., grid controller) as illustrated in figure 29 and as described in paragraph 0187) (Lansing: see the control room / switching station 106 as illustrated in figure 1; “In an illustrative embodiment, the control room 106 includes a control system that implements an automated process for activating and deactivating the systems described.” Paragraph 0034)
the control unit includes a first determination unit configured to determine whether the hydrogen is to be generated based on a state of the hydrogen generation device when a hydrogen generation request is received from the terminal, (Lansing: “For example, the control system may determine that the maximum amount of hydrogen has been stored, and divert all energy produced by the renewable energy source 102 to the grid 110 until it becomes necessary to generate electricity using hydrogen. In another embodiment, the control system may balance operation of the gas turbine generator with output of the renewable energy power source to level-load power output to an end user or the grid. In another embodiment, the control system may determine that the amount of stored hydrogen is equal to a predetermined amount that corresponds to the expected amount of hydrogen needed for a particular time of year (for example, less hydrogen storage may be necessary at the beginning of the summer then at the end of the summer or the fall when cloudy days are expected in the near future). In such an embodiment, once the expected amount of hydrogen is stored, the control system may divert all additional energy produced by the renewable energy source 102 to the grid 110 until it becomes necessary to generate electricity using hydrogen again.” Paragraph 0034) (Hunt: see the operating conditions including GTCC start conditions as described in Table 1; “Controller 108 can work in conjunction with controllers 120-126 to operate controllers 24A and 24B to maximize or most efficiently operate system 100, such as by controlling operation of hydrogen production systems 106 to produce hydrogen when conditions on grid 128 permit.” Paragraph 0196; see the storage controllers 24A, battery/generator controllers 24B, and controllers 120-126 communicating with the controller 108 (i.e., grid controller) as illustrated in figure 29 and as described in paragraph 0187; “As grid 128 begins to sense an increasing demand for electricity, master controller 108 can direct the other controllers 120-126, as well as other controllers of the sub-systems of FIGS. 3-7 and 10, to ramp down the electrolyzers and ramp up GTCC 104, initially on natural gas fuel via valve 144, to be subsequently replaced with hydrogen gas via storage system 110 and valve 142.” Paragraph 0134)
a first transmission unit configured to transmit a determination result of the first determination unit to the terminal, (Lutze: “Furthermore, each of the local controllers 400 is connected with centralized grid control 110. Thus, centralized grid control 110 controls the power production within grid 100 via local controllers 400. Instead of directly controlling the wind farms and power plants, centralized control 110 only sends requests for desired total power output to each of local controllers 400. Then, local controllers 400 have to provide the demanded power output or to report that the requested power output cannot be provided due to weather conditions, weather forecast etc. Optionally, local controllers 400 may provide an estimated power production schedule to centralized control 110 so that centralized control 110 can take countermeasures if one or more of local controllers 400 cannot provide their desired total power output.” Paragraph 0032)
a second determination unit configured to determine whether power is to be sold based on a state of the hydrogen generation device when a power sale request is received from the terminal, and (Lansing: “In another embodiment, the control system may determine that the amount of stored hydrogen is equal to a predetermined amount that corresponds to the expected amount of hydrogen needed for a particular time of year (for example, less hydrogen storage may be necessary at the beginning of the summer then at the end of the summer or the fall when cloudy days are expected in the near future). In such an embodiment, once the expected amount of hydrogen is stored, the control system may divert all additional energy produced by the renewable energy source 102 to the grid 110 until it becomes necessary to generate electricity using hydrogen again.” Paragraph 0034) (Hunt: see the operating conditions including deliver max power as described in Table 1; “Controller 108 can work in conjunction with controllers 120-126 to operate controllers 24A and 24B to maximize or most efficiently operate system 100, such as by controlling operation of hydrogen production systems 106 to produce hydrogen when conditions on grid 128 permit.” Paragraph 0196; see the storage controllers 24A, battery/generator controllers 24B, and controllers 120-126 communicating with the controller 108 (i.e., grid controller) as illustrated in figure 29 and as described in paragraph 0187; “As grid 128 begins to sense an increasing demand for electricity, master controller 108 can direct the other controllers 120-126, as well as other controllers of the sub-systems of FIGS. 3-7 and 10, to ramp down the electrolyzers and ramp up GTCC 104, initially on natural gas fuel via valve 144, to be subsequently replaced with hydrogen gas via storage system 110 and valve 142.” Paragraph 0134)
a second transmission unit configured to transmit a determination result of the second determination unit to the terminal. (Lutze: “Furthermore, each of the local controllers 400 is connected with centralized grid control 110. Thus, centralized grid control 110 controls the power production within grid 100 via local controllers 400. Instead of directly controlling the wind farms and power plants, centralized control 110 only sends requests for desired total power output to each of local controllers 400. Then, local controllers 400 have to provide the demanded power output or to report that the requested power output cannot be provided due to weather conditions, weather forecast etc. Optionally, local controllers 400 may provide an estimated power production schedule to centralized control 110 so that centralized control 110 can take countermeasures if one or more of local controllers 400 cannot provide their desired total power output.” Paragraph 0032)
One of ordinary skill in the art would have recognized that applying the known technique of Lansing, namely, generating energy using a hydrogen cycle, with the known techniques of Hunt, namely, integrated power production and storage systems, and the known techniques of Lutze, namely, controlling the power generation in a utility grid, would have yielded predictable results and resulted in an improved system. Accordingly, applying the teachings of Lansing to control hydrogen electrolysis using solar power with the teachings of Hunt to control hydrogen electrolysis using solar power and the teachings of Lutze to control renewable energy production would have been recognized by those of ordinary skill in the art as resulting in an improved hydrogen system (i.e., the combination of the references provides for a hydrogen production system that receives communication from a utility controller and transmits determinations back to the utility controller based on the teachings of a hydrogen production system in Lansing, the teachings of receiving communication from a utility controller in Hunt, and the teachings of transmitting determinations back to the utility controller in Lutze).
Claim 2:
Lansing does not explicitly describe using power grid electricity for the electrolytic cell as described below. However, Hunt teaches the using power grid electricity for the electrolytic cell as described below.
The cited prior art describes the hydrogen station according to claim 1, wherein the control unit includes
a first control unit configured to cause the electrolytic cell to electrolyze the water using electricity from the power grid to generate the hydrogen when the first determination unit determines that the hydrogen is to be generated; and (Hunt: “Power line 203 can be used to deliver electricity to hydrogen production system 106 from grid 128 (FIGS. 1A and 1B) to, for example, control generation of hydrogen with electrolyzer 201 based on other parameters of system 100.” Paragraph 0101; “Power line 203 can be used to deliver electricity to hydrogen production system 106 and battery 222 from grid 128 (FIGS. 1A and 1B).” paragraph 0105)
a second control unit configured to cause the hydrogen from the hydrogen tank to be supplied to the fuel battery and to cause the converter to supply electricity generated by the fuel battery to the power grid when the second determination unit determines that the power is to be sold. (Lansing: “When the cogeneration system 116 is activated, hydrogen 126 that was created and stored during time periods in which there is an overabundance of renewable energy is supplied to the cogeneration system 116 to efficiently generate electric power that is subsequently supplied to the control room/switching station 106 and distributed to the user production facility 114 or to the grid 110, as described above.” Paragraph 0014; “In this model the power produced from the hydrogen plant as well as any excess solar power from the field is sold at a constant $0.075 per KWh.” Paragraph 0058)
Lansing, Hunt, and Lutze are combinable for the same rationale as set forth above with respect to claim 1.
Claim 3:
The cited prior art describes the hydrogen station according to claim 1, wherein the hydrogen generation device further includes
a solar power generation system, and (Lansing: “In an embodiment in which the renewable energy source 102 is a solar field, field may include either concentrated photovoltaic (CPV) or thermal voltaic (TPV) solar arrays.” Paragraph 0018)
a filler configured to fill another hydrogen tank with the hydrogen stored in the hydrogen tank, and (Lansing: “And provided hydrogen gas for storage and a hydrogen tank 316. The hydrogen tank 316 may be coupled to a hydrogen storage facility, such as tanks in the hydrogen storage facility 118 of FIG. 1.” Paragraph 0021)
wherein the electrolytic cell generates the hydrogen using power generated by the solar power generation system. (Lansing: see the hydrogen production 120 as illustrated in figure 1; “Energy provided to the hydrogen production system 120 may be provided directly to the hydrogen production system 120 and used to produce hydrogen 126 and oxygen from a water source using electrolysis.” Paragraph 0014)
Claim 4:
The cited prior art describes the hydrogen station according to claim 2, wherein the hydrogen generation device further includes
a solar power generation system, and (Lansing: “In an embodiment in which the renewable energy source 102 is a solar field, field may include either concentrated photovoltaic (CPV) or thermal voltaic (TPV) solar arrays.” Paragraph 0018)
a filler configured to fill another hydrogen tank with the hydrogen stored in the hydrogen tank, and (Lansing: “And provided hydrogen gas for storage and a hydrogen tank 316. The hydrogen tank 316 may be coupled to a hydrogen storage facility, such as tanks in the hydrogen storage facility 118 of FIG. 1.” Paragraph 0021)
wherein the electrolytic cell generates the hydrogen using power generated by the solar power generation system. (Lansing: see the hydrogen production 120 as illustrated in figure 1; “Energy provided to the hydrogen production system 120 may be provided directly to the hydrogen production system 120 and used to produce hydrogen 126 and oxygen from a water source using electrolysis.” Paragraph 0014)
Claim 5:
Claim 5 is substantially similar to claim 1 and is rejected for the same reasons and rationale as described above.
5. A control unit for a hydrogen station for controlling a hydrogen generation device, the hydrogen generation device including
an electrolytic cell configured to electrolyze water to generate hydrogen,
a hydrogen tank configured to store the hydrogen generated by the electrolytic cell,
a fuel battery configured to generate electricity from the hydrogen in the hydrogen tank, and
a converter configured to convert electricity generated by the fuel battery into alternating current and to supply the alternating current to a power grid of a power company,
wherein the control unit is configured to communicate with a terminal owned by the power company,
the control unit comprising:
a first determination unit configured to determine whether the hydrogen is to be generated based on a state of the hydrogen generation device when a hydrogen generation request is received from the terminal;
a first transmission unit configured to transmit a determination result of the first determination unit to the terminal;
a second determination unit configured to determine whether power is to be sold based on a state of the hydrogen generation device when a power sale request is received from the terminal; and
a second transmission unit configured to transmit a determination result of the second determination unit to the terminal.
Claim 6:
Claim 6 is substantially similar to claim 1 and is rejected for the same reasons and rationale as described above.
6. A tangible computer readable storage medium that stores a computer program for a hydrogen station for controlling a hydrogen generation device, the hydrogen generation device including
an electrolytic cell configured to electrolyze water to generate hydrogen,
a hydrogen tank configured to store the hydrogen generated by the electrolytic cell,
a fuel battery configured to generate electricity from the hydrogen in the hydrogen tank, and
a converter configured to convert electricity generated by the fuel battery into alternating current and to supply the alternating current to a power grid of a power company,
the computer program, when executed by a processor, causing a computer to perform a process including:
determining whether the hydrogen is to be generated based on a state of the hydrogen generation device when a hydrogen generation request is received from a terminal owned by the power company,
transmitting a determination result whether the hydrogen is to be generated based on the state of the hydrogen generation device to the terminal,
determining whether power is to be sold based on a state of the hydrogen generation device when a power sale request is received from the terminal, and
transmitting a determination result whether power is to be sold based on the state of the hydrogen generation device to the terminal.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Application Publication No. 2008/0236647 describes reducing the cost of renewable hydrogen fuel generation by electrolysis using combined solar and grid power.
U.S. Patent Application Publication No. 2011/0040421 describes producing hydrogen using an electrolysis powered by a solar panel.
U.S. Patent Application Publication No. 2008/0124646 describe energy and hydrogen production.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E EVERETT whose telephone number is (571)272-2851. The examiner can normally be reached Monday-Friday 8:00 am to 5:00 pm (Pacific).
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, Robert Fennema can be reached at 571-272-2748. 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.
/Christopher E. Everett/Primary Examiner, Art Unit 2117