Prosecution Insights
Last updated: April 19, 2026
Application No. 18/462,086

HYDROGEN PURIFICATION DEVICES

Non-Final OA §102§103
Filed
Sep 19, 2023
Examiner
SHUMATE, ANTHONY R
Art Unit
1773
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Element 1 Corp.
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
84%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
490 granted / 704 resolved
+4.6% vs TC avg
Moderate +14% lift
Without
With
+14.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
21 currently pending
Career history
725
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
35.7%
-4.3% vs TC avg
§102
27.6%
-12.4% vs TC avg
§112
27.5%
-12.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 704 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 . DETAILED ACTION Summary This is the initial Office action based on the 18462086 application filed 04/12/22 Claim(s) 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27 are pending and claim(s)1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18 have been fully considered Claim(s) 19,20,21,22,23,24,25,26,27, non-elected/withdrawn Election/Restrictions Claim(s) 19,20,21,22,23,24,25,26,27 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/20/2025. 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, 2, 6, 7, 8, 9, 10, 11, 12, 13, 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by 20190118132 (herein known as Edlund) With regard to claim 1, Edlund sufficiently teaches a hydrogen purification device, comprising:, especially at abstract first and second end frames including:, especially at para 6, claim 1 an input port capable of receiving a mixed gas stream containing hydrogen gas and other gases;, especially at para 6, claim 1 an output port capable of receiving a permeate stream containing at least one of a greater concentration of hydrogen gas and a lower concentration of the other gases than the mixed gas stream; and, especially at para 6, claim 1 a byproduct port capable of receiving a byproduct stream containing at least a substantial portion of the other gases;, especially at para 6, claim 1 at least one hydrogen-selective membrane disposed between and secured to the first and second end frames, , especially at para 6, claim 1 the at least one hydrogen-selective membrane having a feed side and a permeate side, , especially at para 6, claim 1 at least part of the permeate stream being formed from the portion of the mixed gas stream that passes from the feed side to the permeate side, especially at para 6, claim 1 with the remaining portion of the mixed gas stream, which remains on the feed side, forming at least part of the byproduct stream; and, especially at para 6, claim 1 a plurality of frames disposed between the first and second end frames and the at least one hydrogen-selective membrane and secured to the first and second end frames, especially at para 6, claim 1 the plurality of frames including a permeate frame 262 disposed between the at least one hydrogen-selective membrane 206 and the first end frame 200, especially at fig 4, para 69,79 the permeate frame including: a perimeter portion (as depicted), especially at fig 4, para 69,79 a membrane support portion 228 surrounded by the perimeter portion, especially at fig 4, para 69,72, 75,79 the membrane support portion having opposed first and second surfaces with each of the first and second surfaces having a plurality of grooves, especially at figs 4,8, para 69,72, 75,79,92 the membrane support portion being in contact with and supporting the at least one hydrogen selective membrane, and , especially at figs 4,8, para 69,72,75,79,92,94 the membrane support portion being integrally formed with the perimeter portion,, especially at figs 4,5,8, para 69,72,75,79,92,94 one or more output apertures in at least one of the perimeter portion and the membrane support portion (as depicted), especially at figs 4,5,8, para 69,72,75,79,92,94 at least one output aperture of the one or more output apertures (mirroring 270) forming a portion of at least one output conduit with corresponding output apertures of other frames of the plurality of frames (as depicted), especially at figs 4,5,8, para 69,72,75,79,92,94 the at least one output conduit capable of receiving at least part of the permeate stream, and, especially at figs 4,5,8, para 69,72,75,79,85,90,92,94 at least one input aperture in the perimeter portion (as depicted, mirroring 268), especially at figs 4,5,8, para 69,72,75,79,82,85,90,92,94 the at least one input aperture being distinct and spaced from the one or more output apertures, , especially at figs 4,5,8, para 69,72,75,79,82,85,90,92,94 the at least one input aperture forming a portion of at least one input conduit with corresponding input apertures (268) of other frames of the plurality of frames, especially at figs 4,5,8, para 69,72,75,79,82,85,90,92,94 the at least one input conduit capable of receiving at least a portion of the mixed gas stream, especially at figs 4,5,8, para 69,72,75,79,82,84,85,90,92,94 With regard to claim 2, Edlund sufficiently teaches wherein the plurality of grooves of the first and second faces (surfaces) are sized such that the plurality of grooves of the first surface does not intersect with the plurality of grooves of the second surface (since on different faces), especially at figs 4,5,8, para 69,72,75,79,82,84,85,90,92,94 With regard to claim 6, Edlund sufficiently teaches wherein the at least one output aperture is in only the perimeter portion, especially at figs 4,5,8, para 69,72,75,79,82,84,85,90,92,94 With regard to claim 7, Edlund sufficiently teaches wherein the plurality of grooves of the first surface are parallel to each other, and, especially at figs 4,5,8, para 69,72,75,79,82,84,85,90,92,94,202 wherein the plurality of grooves of the second surface are parallel to each other and to the plurality of grooves of the first surface, especially at figs 4,5,8, para 69,72,75,79,82,84,85,90,92,94,202 With regard to claim 8, Edlund sufficiently teaches wherein a solid part of the perimeter portion is disposed between the at least one output aperture and the membrane support portion (as depicted), especially at figs 4,5,8, para 69,72,75,79,82,84,85,90,92,94,202 With regard to claim 9, Edlund sufficiently teaches wherein the plurality of frames includes at least one gasket frame 264, the at least one hydrogen-selective membrane being disposed between the permeate frame and the at least one gasket frame (as depicted), especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94,98 the at least one gasket frame including: a planar perimeter base (as depicted), especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94,98 an open area surrounded by the perimeter base (as depicted), especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94,98 at least one input aperture in the perimeter base (corresponding to 268), especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94,98 the at least one input aperture being distinct and spaced from the open area (as depicted), especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94,98 the least one input aperture in the perimeter base forming a portion of the at least one input conduit with the at least one input aperture of the permeate frame (as depicted), especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94,98 at least one output aperture in the perimeter base (as depicted, corresponding to 270), especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94,98 the at least one output aperture being distinct and spaced from the open area and the at least one input aperture (as depicted), especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94,98 the at least one output aperture in the perimeter base forming a portion of the at least one output conduit with the at least one output aperture of the permeate frame (as depicted), especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94,98 With regard to claim 10, Edlund sufficiently teaches wherein the at least one output aperture of the permeate frame 262 is in direct fluid communication with the at least one output aperture of the at least one gasket frame (as depicted, in proximity to the permeate frame), especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94,98 With regard to claim 11, Edlund sufficiently teaches wherein the at least one output aperture of the at least one gasket frame defines a gasket aperture axis (implicit for depicted aperature), especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94,98 wherein the at least one output aperture of the permeate frame defines a permeate aperture axis (implicit for depicted aperature) that is parallel to the gasket aperture axis and that goes through the at least one output aperture of the at least one gasket frame (as depicted), especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94,98 With regard to claim 12, Edlund sufficiently teaches wherein the one or more output apertures (306 top, and right in line with 270) of the permeate frame in the membrane support portion are positioned in a plurality of rows (as depicted), especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94,98 wherein the at least one output aperture of the permeate frame includes two or more rows of the one or more output apertures of the permeate frame (as depicted), especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94,98 With regard to claim 13, Edlund sufficiently teaches wherein the one or more output apertures of the permeate frame in the membrane support portion are positioned in a plurality of rows (as depicted), especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94,98 wherein the at least one output aperture of the permeate frame includes only a single end row of the one or more output apertures of the permeate frame (as depicted), especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94,98 With regard to claim 14, Edlund sufficiently teaches where the plurality of frames defines a longitudinal axis (implicit for depicted frames), especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94,98 wherein the at least one output aperture in the perimeter base has a length that is measured parallel to the longitudinal axis and a width that is measured perpendicular to the longitudinal axis (implicit for depicted), especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94,98 wherein the plurality of frames includes at least one feed frame 260, the at least one gasket frame 264 being disposed between the at least one feed frame and the at least one hydrogen-selective membrane, especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94,98 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. Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over 20190118132 (herein known as Edlund) With regard to claim 18, Edlund sufficiently teaches at least one microscreen structure 208 having a plurality of microscreen apertures 222, especially at figs 4,5,8, para 69,71,72,75,79,82,84,85,90,92,94 Edlund does not specifically teach wherein the at least one hydrogen-selective membrane is metallurgically bonded to the at least one microscreen structure; but Edlund sufficiently teaches "suitable retention structures include welds" para 61 It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (or at the time the invention was made; if pre-AIA ) to joining the membrane and microscreen of Edlund with wherein the at least one hydrogen-selective membrane is welded (i.e. metallurgically bonded) to the at least one microscreen structure of Edlund since it has been held that making separate parts of a device integral involves only routine skill in the art (MPEP 2144.04 (V-B)) Allowable Subject Matter Claim(s) 3,4,5,15,16,17 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims; and As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY R SHUMATE whose telephone number is (571)270-5546. The examiner can normally be reached on M,T,Th,F. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Lebron can be reached on (571)272-0475. 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. /ANTHONY SHUMATE/ Primary Examiner, Art Unit 1776
Read full office action

Prosecution Timeline

Sep 19, 2023
Application Filed
Feb 18, 2026
Examiner Interview Summary
Feb 18, 2026
Applicant Interview (Telephonic)
Feb 19, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12595431
METHOD AND APPARATUS FOR PURIFYING GAS AND USE
2y 5m to grant Granted Apr 07, 2026
Patent 12589363
CROSSLINKED FACILITATED TRANSPORT MEMBRANE FOR HYDROGEN PURIFICATION FROM COAL-DERIVED SYNGAS
2y 5m to grant Granted Mar 31, 2026
Patent 12589361
APPARATUS FOR ENRICHING THE CONCENTRATION OF TRACE COMPONENTS IN AIR FLOW
2y 5m to grant Granted Mar 31, 2026
Patent 12576368
GAS SEPARATION MEMBRANE, GAS SEPARATION MODULE, GAS SEPARATION APPARATUS, AND POLYIMIDE COMPOUND
2y 5m to grant Granted Mar 17, 2026
Patent 12551854
Membrane Supporting Structures
2y 5m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
70%
Grant Probability
84%
With Interview (+14.2%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 704 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month