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 2-20 are pending and under consideration for this Office Action.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 2, 4, 6, 7, 9, 10, 12, and 16-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 14, 16, 17, and 19 of U.S. Patent No. US 11859299 B2 in view of Kurashina et al (US 20170327960 A1).
Claim 2: Claim 1 of 299 claims an electrolyzer system (“An electrolyzer system”) comprising:
a stack of one or more electrolyzer cells each electrolyzer cell comprising a first half cell with a first electrode and a second half cell with a second electrode, and a separator between the first half cell and the second half cell (“a stack of one or more electrolyzer cells, each electrolyzer cell comprising: a first half cell with a first electrode; a second half cell with a second electrode; and a separator between the first half cell and the second half cell”);
wherein a current is applied between the first electrode and the second electrode of each of the one or more electrolyzer cells (“wherein a current is applied between the first electrode and the second electrode of each of the one or more electrolyzer cells”), and wherein the separator of each of the one or more electrolyzer cells is at a separator temperature depending on the current being applied (“the temperature control apparatus comprises one or more controllers configured for feed-forward control of an electrolyte temperature at the separator of at least one of the one or more electrolyzer…temperature of at least one of the one or more electrolyzer cells based on one or both of: the current between the first electrode and the second electrode of at least one of the one or more electrolyzer cells”);
a first electrolyte feed stream for feeding a first electrolyte solution at a first inlet temperature to the first half cell of each of the one or more electrolyzer cells (“a first electrolyte feed stream for feeding a first electrolyte solution at a first inlet temperature to the first half cell of each of the one or more electrolyzer cells”);
a second electrolyte feed stream for feeding a second electrolyte solution at a second inlet temperature to the second half cell of each of the one or more electrolyzer cells (“a second electrolyte feed stream for feeding a second electrolyte solution at a second inlet temperature to the second half cell of each of the one or more electrolyzer cells”); and
a temperature control apparatus comprising one or more controllers configured to adjust one or both of the first inlet temperature of at least one of the one or more electrolyzer cells and the second inlet temperature of at least one of the one or more electrolyzer cells (“a temperature control apparatus to adjust one or both of the first inlet temperature of at least one of the one or more electrolyzer cells and the second inlet temperature of at least one of the one or more electrolyzer cells”) for feed-forward control of the separator temperature for at least one of the one or more electrolyzer cells for the separator temperature (“wherein the temperature control apparatus comprises one or more controllers configured for feed-forward control of an electrolyte temperature at the separator of at least one of the one or more electrolyzer cell”);
wherein the feed-forward control is based on one or both of: the current between the first electrode and the second electrode of at least one of the one or more electrolyzer cells and a voltage across the first and second electrodes of at least one of the one or more electrolyzer cells (“adjusting one or both of the first inlet temperature of at least one of the one or more electrolyzer cells and the second inlet temperature of at least one of the one or more electrolyzer cells based on one or both of: the current between the first electrode and the second electrode of at least one of the one or more electrolyzer cells, and a voltage measured across the first and second electrodes of at least one of the one or more electrolyzer cells”).
299 does not explicitly claim that the feed-forward control of the separator temperature for at least one of the one or more electrolyzer cells is for a constant or substantially constant temperature set point during operation of the electrolyzer system of the separator. Kurashina teaches an electrolytic cell (See e.g. abstract) with feed-forward control of the cell temperature (see e.g. [0033]) wherein the temperature of the system is set to be constant to keep the temperature below a threshold (see e.g. [0034]) for improved efficiency (see e.g. [0038]). 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 claim of 299 so that the feed-forward control of the separator temperature for at least one of the one or more electrolyzer cells is for a constant or substantially constant temperature set point during operation of the electrolyzer system of the separator because this ensures the cell is operating in a suitable range for electrolysis to increase system efficiency.
Claim 4: Claim 2 of 299 in view of Kurashina claims that the feed-forward control of the separator temperature is based on an overall voltage measured across the stack at the particular moment of operation (“an overall voltage measured across the stack”).
Claim 6: Claim 3 of 299 in view of Kurashina claims a first electrolyte outlet stream for withdrawing the first electrolyte solution from the first half cell of each of the one or more electrolyzer cells or a second electrolyte outlet stream for withdrawing the second electrolyte solution from the second half cell of each of the one or more electrolyzer cells, or both; wherein at least a first portion of the first electrolyte solution of the first electrolyte outlet stream is recycled back to the first electrolyte feed stream and at least a first portion of the second electrolyte solution of the second electrolyte outlet stream is recycled back to the second electrolyte feed stream, wherein the temperature control apparatus comprises at least one electrolyte heat exchanger configured to heat or cool one or both of the first portion of the first electrolyte solution and the first portion of the second electrolyte solution prior to recirculation back to the first electrolyte feed stream and the second electrolyte feed stream.
Claim 7: Claim 4 of 299 in view of Kurashina claims that the temperature control apparatus further comprises at least one bypass line configured to bypass one or both of a second portion of the first electrolyte solution and a second portion of the second electrolyte solution past the at least one electrolyte heat exchanger.
Claim 9: Claim 5 of 299 in view of Kurashina claims that the electrolyte heat exchanger comprises a cooler configured to cool one or both of the first portion of the first electrolyte solution and the first portion of the second electrolyte solution, and wherein the temperature control apparatus further comprises an electrolyte heater configured to heat one or both of a second portion of the first electrolyte solution and a second portion of the second electrolyte solution.
Claim 10: Claim 6 of 299 in view of Kurashina claims at least one flow control valve configured to modulate a ratio of a first flow rate of one or both of the first portion of the first electrolyte solution and the first portion of the second electrolyte solution through the cooler relative to a second flow rate of one or both of the second portion of the first electrolyte solution and the second portion of the second electrolyte solution through the electrolyte heater.
Claim 12: Claim 14 of 299 claims a method (“A method”) comprising:
feeding a first electrolyte solution at a first inlet temperature to a first half cell of each of one or more electrolyzer cells via a first electrolyte feed stream, wherein each first half cell of the one or more electrolyzer cells comprises a first electrode (“feeding a first electrolyte solution at a first inlet temperature to a first half cell of each of one or more electrolyzer cells via a first electrolyte feed stream, wherein each first half cell of the one or more electrolyzer cells comprises a first electrode”);
feeding a second electrolyte solution at a second inlet temperature to a second half cell of each of the one or more electrolyzer cells via a second electrolyte feed stream, wherein each second half cell comprises a second electrode (“feeding a second electrolyte solution at a second inlet temperature to a second half cell of each of the one or more electrolyzer cells via a second electrolyte feed stream, wherein each second half cell comprises a second electrode”),
wherein the first electrode of each of the one or more electrolyzer cells is separated from the second electrode by a separator (“wherein the first electrode of each of the one or more electrolyzer cells is separated from the second electrode by a separator”);
wherein the separator of each of the one or more electrolyzer cells is at a separator temperature depending on the current being applied (“controlling of the electrolyte temperature at the separator of at least one of the one or more electrolyzer cells comprises… based on one or both of: the current between the first electrode and the second electrode of at least one of the one or more electrolyzer cells”);
applying a current between the first electrode and the second electrode of each of the one or more electrolyzer cells (“applying a current between the first electrode and the second electrode of each of the one or more electrolyzer cells”),
adjusting one or both of the first inlet temperature of the first electrolyte solution and the second inlet temperature of the second electrolyte solution for feed-forward control of the separator temperature (“adjusting one or both of the first inlet temperature of at least one of the one or more electrolyzer cells and the second inlet temperature of at least one of the one or more electrolyzer cells”)
wherein the feed-forward control is based on one or both of the current between the first electrode and the second electrode of at least one of the one or more electrolyzer cells and a voltage across the first and second electrodes of at least one of the one or more electrolyzer cells (“based on one or both of: the current between the first electrode and the second electrode of at least one of the one or more electrolyzer cells, and a voltage measured across the first and second electrodes of at least one of the one or more electrolyzer cells”)
299 does not explicitly claim that the separator temperature is at a constant or substantially constant temperature set point. Kurashina teaches an electrolytic cell (See e.g. abstract) with feed-forward control of the cell temperature (see e.g. [0033]) wherein the temperature of the system is set to be constant to keep the temperature below a threshold (see e.g. [0034]) for improved efficiency (see e.g. [0038]). 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 claim of 299 so that the feed-forward control of the separator temperature for at least one of the one or more electrolyzer cells is for a constant or substantially constant temperature set point during operation of the electrolyzer system of the separator because this ensures the cell is operating in a suitable range for electrolysis to increase system efficiency.
Claim 16: Claim 16 of 299 in view of Kurashina claims recycling at least a first portion of the first electrolyte solution exiting the first half cells of the one or more electrolyzer cells back to the first electrolyte feed stream or recycling at least a first portion of the second electrolyte solution exiting the second half cells of the one or more electrolyzer cells back to the second electrolyte feed stream, or both,wherein one or both of adjusting the first inlet temperature of the first electrolyte solution and adjusting the second inlet temperature of the second electrolyte solution comprises heating or cooling one or both of the first portion of the first electrolyte solution and the first portion of the second electrolyte solution prior to recirculation back to the first electrolyte feed stream and the second electrolyte feed stream.
Claim 17: Claim 17 of 299 in view of Kurashina claims wherein one or both of adjusting the first inlet temperature of the first electrolyte solution and adjusting the second inlet temperature of the second electrolyte solution comprises bypassing the heating or cooling by one or both of a second portion of the first electrolyte solution and a second portion of the second electrolyte solution.
Claim 18: Claim 19 of 299 in view of Kurashina claims wherein one or both of adjusting the first inlet temperature of the first electrolyte solution and adjusting the second inlet temperature of the second electrolyte solution comprises modulating a ratio of a first flow rate of one or both of the first portion of the first electrolyte solution and the first portion of the second electrolyte solution that is heated or cooled relative to a second flow rate of one or both of the second portion of the first electrolyte solution and the second portion of the second electrolyte solution that bypasses the heating or cooling.
Allowed Claims
Claims 3, 5, 8, 11, 13-15, and 19-20 are 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.
Relevant Prior Art
Jensen et al (US 20220205121 A1): The reference discloses a control method for an electrolytic cell using a PID controller to control voltage fluctuations based on electrolyte temperatures (see e.g. [0041] and Fig 1).
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