CTNF 18/515,711 CTNF 71602 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Drawings 06-37 AIA The drawings were received on November 21, 2023 . These drawings are acceptable . Claim Rejections - 35 USC § 112 07-34-01 Claims 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 lines 7-8, “the respective water electrolysis cells” lack antecedent basis. Antecedent basis must be laid for each recited element in a claim, typically, by introducing each element with the indefinite article (“a” or “an”). See Slimfold Mfg. Co. v. Kincaid Properties, Inc. , 626 F. Supp 493, 495 (N.D. Ga. 1985), aff'd, 810 F.2d 1113 (Fed. Cir. 1987) (citing P. Rosenberg, 2 Patent Law Fundamentals § 14.06 (2d. Ed. 1984)). Subsequent mention of an element is to be modified by the definite article “the”, “said” or “the said,” thereby making the latter mention(s) of the element unequivocally referable to its earlier recitation. line 12, “the water electrolysis cell” (singular) lacks antecedent basis. Antecedent basis must be laid for each recited element in a claim, typically, by introducing each element with the indefinite article (“a” or “an”). See Slimfold Mfg. Co. v. Kincaid Properties, Inc. , 626 F. Supp 493, 495 (N.D. Ga. 1985), aff'd, 810 F.2d 1113 (Fed. Cir. 1987) (citing P. Rosenberg, 2 Patent Law Fundamentals § 14.06 (2d. Ed. 1984)). Subsequent mention of an element is to be modified by the definite article “the”, “said” or “the said,” thereby making the latter mention(s) of the element unequivocally referable to its earlier recitation. See also claim 2, line 2; claim 3, line 8; claim 4, lines 4-5; and claim 7, line 3. Claim 3 line 7, “the voltage sensor” (singular) lacks antecedent basis. Antecedent basis must be laid for each recited element in a claim, typically, by introducing each element with the indefinite article (“a” or “an”). See Slimfold Mfg. Co. v. Kincaid Properties, Inc. , 626 F. Supp 493, 495 (N.D. Ga. 1985), aff'd, 810 F.2d 1113 (Fed. Cir. 1987) (citing P. Rosenberg, 2 Patent Law Fundamentals § 14.06 (2d. Ed. 1984)). Subsequent mention of an element is to be modified by the definite article “the”, “said” or “the said,” thereby making the latter mention(s) of the element unequivocally referable to its earlier recitation. line 8, recites “when the voltage is lower than an allowable voltage ”. Claim 1, lines 12-13, recite “when it is determined that the voltage is lower than the predetermined value ”. It is unclear from the claim language what the relationship is between the allowable voltage and the predetermined value. Claim 4 lines 7-8, recite “when a voltage lower than the lower limit of the width of the I-V characteristic is detected”. Claim 1, lines 12-13, recite “when it is determined that the voltage is lower than the predetermined value ”. It is unclear from the claim language what the relationship is between the width of the I-V characteristic and the predetermined value. Claim 5 line 2, recites “an operation”. Claim 4, line 3, recite “a steady state operation”. It is unclear from the claim language what the relationship is between the operation and the steady state operation. Are they the same thing? Claim 6 line 2, recite “the operation”. Claim 4, line 3, recites “a steady state operation”. Claim 5, line 2, recites “an operation”. It is unclear from the claim language which operation the operation of claim 6 is further limiting. lines 2-4, recite “when a voltage below the predetermined threshold and above the upper limit of the width of the I-V characteristic is detected”. Claim 5, lines 4-5, recite “ the predetermined threshold is a value higher than an upper limit of the width of the I-V characteristic”. It is unclear from the claim language what the difference is between the upper limit of the width of the I-V characteristic and the predetermined threshold. They appear to be the same thing. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. I. Claim(s) 1-2 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2024/047908 (‘908) in view of WO 2023/150270 (‘270) and Berriah et al. (US Patent Application Publication No. 2009/0014326 A1). Regarding claim 1 , WO ‘908 teaches a water electrolysis system that obtains hydrogen (= the amount of hydrogen produced by the water electrolysis cell) [ρ [0079]] by water electrolysis with a water electrolysis cell (= the N water electrolytic cell stacks 30_1 to 30_N) [ρ [0110]], the water electrolysis system comprising: • a water electrolysis stack having a plurality of water electrolysis cells (= the N water electrolytic cell stacks 30_1 to 30_N that make up the water electrolytic cell unit 30) [ρ [0110]]; • a water supply side passage that supplies water to the water electrolysis stack (= the water supplied to the water electrolysis cell) [ρ [0081]]; • a plurality of voltage sensors that measures voltages for the respective water electrolysis cells or for each group of the water electrolysis cells (= the inter-electrode voltage of the water electrolytic cell stack is measured by voltage sensors 90_stc1 to 90_stcN) [ρ [0111]]; and • a control device (= the integrated control device 100_a of the power conversion system 1_a) [ρ [0111]], wherein the control device is configured to acquire a voltage from each of the voltage sensors (= the inter-electrode voltage of the water electrolytic cell stack is measured by voltage sensors 90_stc1 to 90_stcN, and the detected values Vc_1 to Vc_N are output to the integrated control device 100_a of the power conversion system 1_a) [ρ [0111]], determine whether the voltage is lower than a predetermined value (= if the j-th water electrolytic cell stack experiences an internal short circuit, the inter-electrode voltage of that stack falls below the standard range, and the plot of that stack deviates from the standard voltage range RANGE_N) [ρ [0114]]. WO ‘908 does not explicitly teach the following: a. A hydrogen side passage that discharges the hydrogen obtained in the water electrolysis stack from the water electrolysis stack. WO ‘908 teaches that the water electrolysis cell unit 30_a has a configuration in which multiple blocks, each consisting of five water electrolysis cell stacks in series, are connected in series (ρ [0111] and Fig. 20). WO ‘270 teaches that: Figure 3 depicts an example of a portion of electrolysis system for producing hydrogen gas and oxygen gas from water. The system includes a stack including a plurality of electrochemical or electrolytic cells , such as the cells of Figure 1 or Figure 2. The stack is configured to receive water through an anodic inlet. The system further includes a cathodic outlet at an outlet of the stack. The cathodic outlet transfers the hydrogen gas produced from the electrolytic cells to further downstream components for further processing . In certain configurations, a water byproduct is also provided at the cathodic outlet (wherein the water may be used as a coolant for the hydrogen gas produced). Additional downstream components following the cathodic outlet are not depicted, but may include water-gas separators, purifiers, heat exchangers, circulation pumps, pressure regulators, etc. In Figure 3, a cathodic pressure regulator is depicted at the cathodic outlet. This pressure regulator may be positioned further downstream from the cathodic outlet after one or more further components such as a water-gas separator or purifier but is depicted at the particular location in Figure 3 for simplicity (ρ [0028]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the water electrolysis cell stacks taught by WO ‘908 with a hydrogen side passage that discharges the hydrogen obtained in the water electrolysis stack from the water electrolysis stack. The person with ordinary skill in the art would have been motivated to make this modification because WO ‘908 teaches water electrolysis cell stacks in [0111] where including a cathodic outlet at an outlet of a stack would have transferred the hydrogen gas produced from the electrolytic cells to further downstream components for further processing as taught by WO ‘270 in [0028]). b. Notify that the water electrolysis cell has a failure when it is determined that the voltage is lower than the predetermined value. WO ‘908 teaches that: The power conversion system 1_a shown in Example 2 detects if there is a stack that deviates from the standard V-I characteristics of the stack , indicating that an abnormality such as an internal short circuit has occurred in that stack, and promptly stops the supply of load current (ρ [0110]). If the j-th water electrolytic cell stack experiences an internal short circuit, the inter-electrode voltage of that stack falls below the standard range , and the plot of that stack deviates from the standard voltage range RANGE_N (ρ [0114]). Berriah teaches that: In one embodiment, a maintenance module 38 can be used to output or to perform directly on each cell or on the electrolyser maintenance actions. Maintenance actions depend on the damage evaluation. An example is a rearrangement of the cells within the electrolyser, a deactivation of damaged cells, a replacement of damaged cells with new ones, or an addition of cells in the electrolyser if possible. Alternatively to outputting a maintenance action, the system 30 can output an alarm or set-off a trigger mechanism that notifies a technician of a situation (page 3, [0039]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the control device taught by WO ‘908 with notify that the water electrolysis cell has a failure when it is determined that the voltage is lower than the predetermined value. The person with ordinary skill in the art would have been motivated to make this modification because WO ‘908 teaches that when the inter-electrode voltage of that stack falls below the standard range it indicates that an abnormality such as an internal short circuit has occurred in that stack and the supply of the load current is stopped in [0010] and [0114] where alternatively to outputting a maintenance action, the system can output an alarm or set-off a trigger mechanism that notifies a technician of a situation as taught by Berriah in [0039]. The substitution of art recognized equivalents as taught by Berriah in [0039] is within the level of ordinary skill in the art. Regarding claim 2 , WO ‘908 teaches wherein the predetermined value is a voltage value obtained from an equivalent circuit of the water electrolysis cell (= the standard V-I characteristics of the stack) [ρ [0110]]. Regarding claim 4 , WO ‘908 teaches wherein the control device is configured to determine whether the voltage is lower than the predetermined value during a steady operation of the water electrolysis system (= if the j-th water electrolytic cell stack experiences an internal short circuit, the inter-electrode voltage of that stack falls below the standard range, and the plot of that stack deviates from the standard voltage range RANGE_N) [ρ [0114]]; the predetermined value is a lower limit of a width of an I-V characteristic of the water electrolysis cell that is acquired in advance (= it is then determined whether or not the plot exists within the standard voltage range RANGE_N, which has a predetermined width relative to the V-I characteristics of a standard water electrolytic cell shown by the dashed line) [ρ [0114]]; and the control device is configured to determine that a short-circuit abnormality has occurred in the water electrolysis cell when a voltage lower than the lower limit of the width of the I-V characteristic is detected (= if the j-th water electrolytic cell stack experiences an internal short circuit, the inter-electrode voltage of that stack falls below the standard range, and the plot of that stack deviates from the standard voltage range RANGE_N) [ρ [0114]]. II. Claim(s) 3 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2024/047908 (‘908) in view of WO 2023/150270 (‘270) and Berriah et al. (US Patent Application Publication No. 2009/0014326 A1) as applied to claims 1-2 and 4 above, and further in view of WO 2014/197693 (‘693). Regarding claim 3 , WO ‘908, WO ‘270 and Berriah teach the water electrolysis system of at least claims 1-2 and 4 as applied above. WO ‘908 teaches wherein the predetermined value is a normal water electrolysis cell voltage corresponding to a current acquired in advance (= it is then determined whether or not the plot exists within the standard voltage range RANGE_N, which has a predetermined width relative to the V-I characteristics of a standard water electrolytic cell shown by the dashed line) [ρ [0114]]; the control device compares the normal water electrolysis cell voltage with the voltage obtained from the voltage sensor, and determines that a short-circuit abnormality has occurred in the water electrolysis cell when the voltage is lower than an allowable voltage (= if the j-th water electrolytic cell stack experiences an internal short circuit, the inter-electrode voltage of that stack falls below the standard range, and the plot of that stack deviates from the standard voltage range RANGE_N) [ρ [0114]]. The references do not explicitly teach wherein the control device is configured to determine whether the voltage is lower than the predetermined value at a start of operation of the water electrolysis system. WO ‘908 teaches that: Specifically, the load current is plotted on the horizontal axis and the voltage of the water electrolytic cell stack on the vertical axis as shown in Figure 22. It is then determined whether or not the plot exists within the standard voltage range RANGE_N, which has a predetermined width relative to the V-I characteristics of a standard water electrolytic cell shown by the dashed line (ρ [0114]). WO ‘693 teaches that: Another aspect of the present disclosure is a method for monitoring an electrochemical cell. The method comprises the steps of conducting a linear current sweep across the cell, generating a baseline voltage-current (V-I) curve of the cell and calculating a slope of the baseline V-I curve, generating an aged V-I curve of the cell at any time point during operation of the cell and calculating a slope of the aged V-I curve, calculating a difference in value between the slopes of the baseline V-l curve and the aged V-I curve, and comparing the difference in value between the slopes of the baseline V-I curve and the aged V-I curve to a preset reference value (ρ [0014]). Yet another aspect of the present disclosure is a method for monitoring an electrochemical cell. The method comprises the steps of measuring a voltage required to deliver a given current through the cell at the beginning of the cell's life to establish a baseline voltage , measuring a voltage required to deliver a given current through the cell at any time point during operation of the cell to establish an aged voltage, calculating a difference between the baseline voltage and the aged voltage, and comparing the difference in value between the baseline voltage and the aged voltage to a preset reference value (ρ [0015]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the control device taught by WO ‘908 with wherein the control device is configured to determine whether the voltage is lower than the predetermined value at a start of operation of the water electrolysis system. The person with ordinary skill in the art would have been motivated to make this modification because WO ‘908 teaches using the standard voltage range RANGE_N, which has a predetermined width relative to the V-I characteristics of a standard water electrolytic cell in [0114] where measuring a voltage required to deliver a given current through the cell at the beginning of the cell’s life (= a start of operation) to establish a baseline voltage is an alternative to generating a baseline voltage-current (V-I) curve of the cell as taught by WO ‘693 in [0015] for determining a reference or standard value. The substitution of art recognized equivalents as taught by WO ‘693 in [0015] is within the level of ordinary skill in the art. Regarding claim 7 , WO ‘908 teaches wherein the control device is configured to stop the operation of the water electrolysis system when it is determined that the short-circuit abnormality occurs in the water electrolysis cell (= the power conversion system 1_a shown in Example 2 detects if there is a stack that deviates from the standard V-I characteristics of the stack, indicating that an abnormality such as an internal short circuit has occurred in that stack, and promptly stops the supply of load current) [ρ [0110]]. III. Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2024/047908 (‘908) in view of WO 2023/150270 (‘270) and Berriah et al. (US Patent Application Publication No. 2009/0014326 A1) as applied to claims 1-2 and 4 above, and further in view of Elegrow (“I V Curve Analysis for Photovoltaic System,” https://elegrow.com/i-v-curve-analysis-for-photovoltaic-system/ (August 4, 2018), pp. 1-10). Regarding claim 5 , WO ‘908, WO ‘270 and Berriah teach the water electrolysis system of at least claims 1-2 and 4 as applied above. The references do not explicitly teach wherein the control device is configured to stop an operation of the water electrolysis system when a voltage higher than a predetermined threshold is detected; and the predetermined threshold is a value higher than an upper limit of the width of the I-V characteristic. WO ‘908 teaches that: The power conversion system 1_a shown in Example 2 detects if there is a stack that deviates from the standard V-I characteristics of the stack , indicating that an abnormality such as an internal short circuit has occurred in that stack, and promptly stops the supply of load current (ρ [0110]). If the j-th water electrolytic cell stack experiences an internal short circuit, the inter-electrode voltage of that stack falls below the standard range , and the plot of that stack deviates from the standard voltage range RANGE_N (ρ [0114]). Elegrow teaches that I-V curve testing helps in identifying the anomalies and pinpoint the root cause of underperforming PV Modules or Strings (page 4, line 2). Any impairment that affects the shape of the I-V curve as shown in Figure-3 will reduce the peak power value and diminish the value of the array (page 2, lines 6-7; and Fig. 3: PNG media_image1.png 307 486 media_image1.png Greyscale ). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the control device taught by WO ‘908 with wherein the control device is configured to stop an operation of the water electrolysis system when a voltage higher than a predetermined threshold is detected; and the predetermined threshold is a value higher than an upper limit of the width of the I-V characteristic. The person with ordinary skill in the art would have been motivated to make this modification because WO ‘908 determines the standard voltage range RANGE_N, which has a predetermined width relative to the V-I characteristics of a standard water electrolytic cell in [0114] where from a standard I-V curve one having ordinary skill in the art can determine the voltage threshold which would have produced the short-circuit condition as taught by Elegrow on page 2, lines 6-7, and Fig. 3. Regarding claim 6 , Elegrow teaches wherein the control device is configured to continue the operation of the water electrolysis system when a voltage below the predetermined threshold and above the upper limit of the width of the I-V characteristic is detected (Fig. 3: PNG media_image2.png 330 523 media_image2.png Greyscale ). Citations 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Abouatallah (US Patent Application Publication No. 2004/0245100 A1) is cited to teach electrolyzer cells (page 2, [0020]). Preferably, during the test, the DC voltage supplied by voltage supply 20 is gradually increased from zero to a maximum level (eg. 24 volts for a 60 cell stack). It is preferable that the DC voltage is applied such that the highest cell voltage detected by the voltage monitor 40 does not exceed a maximum cell voltage of the cells being tested . In normal operation, individual fuel cells usually generate a voltage below 1.0V. Accordingly the maximum cell voltage is preferably lower than 1.0V, for example, 0.5V. Beyond about 1.2V, the cell may be damaged (page 4, [0049]). The maximum cell voltage is determined according to the design, configuration and materials of the cells to be tested and may vary accordingly . The output of voltage supply 20 is limited to ensure that no cells are damaged during the short circuit test. As the DC voltage increases, the measured current in ammeter 30 changes. It is preferable to wait until the reading of the ammeter 30 is stable for a certain period of time, for example, 30 seconds up to a few minutes, to record the cell voltages measured by the voltage monitor 40 (page 4, [0050]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDNA WONG whose telephone number is (571) 272-1349. The examiner can normally be reached Monday-Friday, 7:00 AM- 3:30 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. /EDNA WONG/Primary Examiner, Art Unit 1795 Application/Control Number: 18/515,711 Page 2 Art Unit: 1795
Prosecution Insights