Prosecution Insights
Last updated: October 25, 2026
Application No. 18/543,013

HYDROGEN GAS PRODUCTION DEVICE USING PHOTOCATALYST

Non-Final OA §103
Filed
Dec 18, 2023
Priority
Feb 08, 2023 — JP 2023-017973
Examiner
DOWNES, NATHANAEL JASON
Art Unit
1794
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Toyota Jidosha Kabushika Kaisha
OA Round
1 (Non-Final)
63%
Grant Probability
Moderate
1-2
OA Rounds
11m
Est. Remaining
79%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allowance Rate
22 granted / 35 resolved
-2.1% vs TC avg
Strong +16% interview lift
Without
With
+15.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
28 currently pending
Career history
58
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
50.3%
+10.3% vs TC avg
§102
19.4%
-20.6% vs TC avg
§112
26.9%
-13.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 35 resolved cases

Office Action

§103
Detailed Notice 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 . 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) 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. Catal. Sci. Technol. 2022, 12 (2): 572–578 (as provided in the file wrapper by applicant, hereafter referred to as Li) in view of Yan et al. Applied Catalysis B: Environmental. 2016, 191, 130–137. Regarding Claims 1-5, provided below is an image of Fig. 1 of Li. PNG media_image1.png 335 520 media_image1.png Greyscale Li teaches a tandem system for water splitting comprising two separate photocatalytic units for O2 evolution and H2 evolution (abstract). During operation, H2 and O2 can evolve on the two photocatalyst panels in the presence of the corresponding redox mediator, respectively, and the reaction solution that contains redox mediators is pumped back and forth with a peristaltic pump between the two divided compartments to allow regeneration of the redox mediators. As a consequence, H2 and O2 will evolve separately in the H2 and O2-evolution compartments, respectively [Page 3, last paragraph of Section 1 spanning Col. 1 and 2.]. Li teaches the use of a BiVO4 panel for photocatalytic O2 generation (understood to be an oxygen side- photocatalyst member and support) and SrTiO3:Rh and ZrO2/TaON photocatalysts for H2 generation (understood to be a hydrogen side- photocatalyst member and support) [Section 2.2]. Li teaches that the BiVO4 panels were employed as the front light absorber, and the back panels (Ru–SrTiO3:Rh and RhyCr2−yO3–ZrO2/TaON) can be irradiated by solar light passing through the BiVO4 panel, such that it is understood that both the H2 and O2 compartments see the same light [Section 3.4]. Li further teaches that H2 and O2 gases evolved in this system are not mixed, which in conjunction with the gas chromatograph lines (labelled GC in Fig. 1. and further Section 2.5) it is then understood Li teaches both a hydrogen gas recovery unit for recovering the hydrogen gas. As Li teaches that only H2 and O2 gases are evolved alone in their respective compartments by photocatalysis without generation of the other gas, whereby both sides see the same reactant (water), and both compartments see the same light source it understood that Li inherently teaches to claims 4 and 5 [again, as stated explicitly in Sec. 3.4 wherein the gases are not mixed; therefore they cannot be produced in the same compartment]. However, Li does not teach that both compartments have their own light source, where the light source is the same, and those light sources are a light emitting diode, as per Claims 1-3. Yan teaches a z-scheme photocatalytic water-oxidation system in the same field of endeavor as Li [abstract]. Yan teaches that a water splitting photocatalysis experiments can be performed in a side-irradiation type pyrex reaction cell, where it is understood that side-reaction means that at least one of a light source is required to irradiate an O2 generation photocatalyst and an H2 generating photocatalyst system [Sec. 2.4]. Yan teaches that LED lamps were used to test the efficiency of the O2 and H2 reactions, where it is understood that the O2 generation photocatalyst and an H2 generating photocatalyst systems are irradiated simultaneously both by side-illumination [Sec. 2.5. and last paragraph of Sec. 3.3]. Prior to the filing of the present invention it would have been obvious to one of ordinary skill that the solar sunlight irradiation of both the O2 generation photocatalyst and an H2 generating photocatalyst systems used for hydrogen gas production by water splitting, as per Li, could be substituted for the LED lamp illumination, as per Yan, as a matter of simple substitution, where the substitution of one light source for another would produce the expected result of a water splitting reaction generating hydrogen gas and oxygen gas. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL J DOWNES whose telephone number is (571)272-1141. The examiner can normally be reached 8am to 5pm. 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, James Lin can be reached at (571) 272-8902. 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. NATHANAEL JASON. DOWNES Examiner Art Unit 1794 /NATHANAEL JASON DOWNES/Examiner, Art Unit 1794 /BRIAN W COHEN/Primary Examiner, Art Unit 1759
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Prosecution Timeline

Dec 18, 2023
Application Filed
Oct 16, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Patent 12741871
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3y 8m to grant Granted Aug 04, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
63%
Grant Probability
79%
With Interview (+15.7%)
3y 10m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 35 resolved cases by this examiner. Grant probability derived from career allowance rate.

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