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 .
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.
Response to Arguments
Applicant’s arguments, filed 04/09/2026, with respect to the rejection(s) of the pending claims under 102 or 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Ballatine (US 2012/0267952).
Claim Rejections - 35 USC § 102
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.
Claims 1, 3-10 & 12-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ballantine (US 2012/0267952).
Regarding Claim 1, Ballatine discloses a hydropower-electrolysis system, comprising:
a) an electrolysis assembly [FIG. 1A-1K: Power Modules 106 or FIG. 7:706a-710b – the fuel cells may be operated in pump mode (i.e., electrolysis mode)] comprising a plurality of electrolysis cells [If there is more than one power module 106, for example six to ten modules 106, then each power module may comprise its own housing. Each housing may comprise a cabinet or another type of full or partial enclosure, for example the cabinet described in U.S. patent application Ser. No. 12/458,355, filed Jul. 8, 2009, and entitled “Fuel Cell System with Quick Connect Components”, which is incorporated herein by reference in its entirety. The modules may be arranged in one or more rows or in other configurations. The incorporated reference discloses in para 0062 of the “A single SORFC 10 operating in the electrolysis mode is shown in FIG. 4. The SORFC contains an anode electrode 11, an electrolyte 13 and a cathode electrode 12”] configured to generate, upon provision of a direct electrical current [FIG. 1A-1K:by 106A or 103C inside Power Modules 106 or 102A inside 102 through 112], at least one electrolysis product from a supply medium [PEM, molten carbonate, phosphoric acid, etc. may also be used] (FIG. 1A-1K, FIG. 7, ¶ [0017] ¶ [0020-0024], ¶ [0053]);
b) a hydropower assembly [704a-404b] being directly electrically connected [through DC bus 738] to the electrolysis assembly [706a-710b – refer to “a” above] for operating the electrolysis cells [refer to “a” above] of the electrolysis assembly [706a-710b] based on electrical power generated by the hydropower assembly (FIG. 1A-1K, FIG. 7, ¶ [0020-0023]; may also comprise other generators of direct current, such as solar cell, wind turbine, geothermal or hydroelectric power generators. ¶ [0076]; FIG. 7 illustrates an embodiment direct current (DC) micro-grid 700. The DC micro-grid 700 may include loads 726 a, 726 b, 730 a, 730 b, 734 a, 734 b, power generators 704 a, 704 b, 706 a, 706 b, 710 a, 710 b); and
c) a power regulation assembly [752-756] electrically arranged in between the hydropower assembly [704a-704b] and the electrolysis assembly [706a-710b] (FIG. 7),
d) the power regulation assembly [752-756] being configured to adjust the provision of electrical energy to the electrolysis assembly [706a-710b] (FIG. 7, [0087]; Power electronics devices 752, 754, and 756 may be power conversion devices, such as AC/DC converters, DC/DC converters, and/or DC/AC converters, coupled to the load buses 728, 732, and 736 and coupled to the common DC bus 738. Power electronics devices 752, 754, and 756 may transfer power from/to the load buses 728, 732, and 736 to/from the common DC bus 738. Power electronics devices 752, 754, and 756 may be configured to filter injected signals in the common DC bus 738 such that the injected signals do not pass along to the load buses 728, 732, and 736),
e) wherein the power regulation assembly [752-756] is configured to charge an energy storage unit via [714a-722b] the hydropower assembly [704a-704b ] (FIG. 7, ¶ [0087]; Power electronics devices 752, 754, and 756 may be power conversion devices, such as AC/DC converters, DC/DC converters, and/or DC/AC converters, coupled to the load buses 728, 732, and 736 and coupled to the common DC bus 738. Power electronics devices 752, 754, and 756 may transfer power from/to the load buses 728, 732, and 736 to/from the common DC bus 738. Power electronics devices 752, 754, and 756 may be configured to filter injected signals in the common DC bus 738 such that the injected signals do not pass along to the load buses 728, 732, and 736),
f) wherein, in response to meeting a condition associated with the hydropower assembly [704a-704b], the power regulation assembly [752-754] is configured to provide the electrical energy to the electrolysis assembly [706a-710b] from the energy storage unit [714a-722b] (FIG. 7, ¶ [0090]; (FIG. 7, ¶ [0090]; In an embodiment, the common DC bus 738 may be optimized by holding the power output of the power generators 704 a, 704 b, 706 a, 706 b, 710 a, 710 b constant and using the energy storage devices 714 a, 714 b, 718 a, 718 b, 722 a, 722 b to buffer diurnal load transients, while the power output of the power generators 704 a, 704 b, 706 a, 706 b, 710 a, 710 b may only be increased and/or decreased when the load pattern diverges from its typical diurnal cycle).
Regarding Claim 3, Ballatine discloses the hydropower-electrolysis system according to claim 1 [see rejected Claim 1],
wherein the power regulation assembly [752-756] comprises a DC regulation assembly electrically arranged in between the hydropower assembly and the electrolysis assembly, the DC regulation assembly being configured to adjust the electrical voltage and/or current level applied to the electrolysis assembly (FIG. 7, ¶ [0087]; Power electronics devices 752, 754, and 756 may be power conversion devices, such as AC/DC converters, DC/DC converters, and/or DC/AC converters, coupled to the load buses 728, 732, and 736 and coupled to the common DC bus 738. Power electronics devices 752, 754, and 756 may transfer power from/to the load buses 728, 732, and 736 to/from the common DC bus 738. Power electronics devices 752, 754, and 756 may be configured to filter injected signals in the common DC bus 738 such that the injected signals do not pass along to the load buses 728, 732, and 736. ¶ [0090]; (FIG. 7, ¶ [0090]; In an embodiment, the common DC bus 738 may be optimized by holding the power output of the power generators 704 a, 704 b, 706 a, 706 b, 710 a, 710 b constant and using the energy storage devices 714 a, 714 b, 718 a, 718 b, 722 a, 722 b to buffer diurnal load transients, while the power output of the power generators 704 a, 704 b, 706 a, 706 b, 710 a, 710 b may only be increased and/or decreased when the load pattern diverges from its typical diurnal cycle).
Regarding Claim 4, Ballatine discloses the hydropower-electrolysis system according to claim 1 [see rejected Claim 1],
wherein the power regulation assembly comprises an AC regulation assembly electrically arranged in between the hydropower assembly and the electrolysis assembly, the AC regulation assembly being configured to adjust the electrical voltage and/or current and/or frequency level of alternating current generated by the hydropower assembly prior to conversion into direct current for provision to the electrolysis assembly (FIG. 7, ¶ [0087]; Power electronics devices 752, 754, and 756 may be power conversion devices, such as AC/DC converters, DC/DC converters, and/or DC/AC converters, coupled to the load buses 728, 732, and 736 and coupled to the common DC bus 738. Power electronics devices 752, 754, and 756 may transfer power from/to the load buses 728, 732, and 736 to/from the common DC bus 738. Power electronics devices 752, 754, and 756 may be configured to filter injected signals in the common DC bus 738 such that the injected signals do not pass along to the load buses 728, 732, and 736. ¶ [0090]; (FIG. 7, ¶ [0090]; In an embodiment, the common DC bus 738 may be optimized by holding the power output of the power generators 704 a, 704 b, 706 a, 706 b, 710 a, 710 b constant and using the energy storage devices 714 a, 714 b, 718 a, 718 b, 722 a, 722 b to buffer diurnal load transients, while the power output of the power generators 704 a, 704 b, 706 a, 706 b, 710 a, 710 b may only be increased and/or decreased when the load pattern diverges from its typical diurnal cycle).
Regarding Claim 5, Ballatine discloses the hydropower-electrolysis system according to claim 1 [see rejected Claim 1],
wherein the power regulation assembly comprises a control unit configured to adapt the electrical voltage and/or the amount of electrical current and/or the frequency of electrical current according to a predefined target function (¶ [0090]; in an embodiment, a controller and/or scheduler may control the voltage of the common DC bus 738).
Regarding Claim 6, Ballatine discloses the hydropower-electrolysis system according to claim 1 [see rejected Claim 1],
comprising a plurality of electrolysis units, each electrolysis unit including an electrolysis assembly, wherein the hydropower assembly comprises a plurality of hydropower units, each hydropower unit including a water turbine [incorporated reference para 0083: The SORFC systems described herein may have other embodiments and configurations, as desired. Other components, such as fuel side exhaust stream condensers, heat exchangers, heat-driven heat pumps, turbines] and an electrical generator coupled to the water turbine, at least one of the hydropower units being electrically connected to one or more of the electrolysis units (FIG. 7, ¶ [0087]; Power electronics devices 752, 754, and 756 may be power conversion devices, such as AC/DC converters, DC/DC converters, and/or DC/AC converters, coupled to the load buses 728, 732, and 736 and coupled to the common DC bus 738. Power electronics devices 752, 754, and 756 may transfer power from/to the load buses 728, 732, and 736 to/from the common DC bus 738. Power electronics devices 752, 754, and 756 may be configured to filter injected signals in the common DC bus 738 such that the injected signals do not pass along to the load buses 728, 732, and 736. ¶ [0090]; (FIG. 7, ¶ [0090]; In an embodiment, the common DC bus 738 may be optimized by holding the power output of the power generators 704 a, 704 b, 706 a, 706 b, 710 a, 710 b constant and using the energy storage devices 714 a, 714 b, 718 a, 718 b, 722 a, 722 b to buffer diurnal load transients, while the power output of the power generators 704 a, 704 b, 706 a, 706 b, 710 a, 710 b may only be increased and/or decreased when the load pattern diverges from its typical diurnal cycle).
Regarding Claim 7, Ballatine discloses the hydropower-electrolysis system according to claim 1 [see rejected Claim 1],
comprising a plurality of electrolysis units, each electrolysis unit including an electrolysis assembly, wherein the hydropower assembly comprises an electrical generator having a plurality of electrical taps, each tap being electrically connected to one of the electrolysis units (FIG. 7, ¶ [0020-0023]; may also comprise other generators of direct current, such as solar cell, wind turbine, geothermal or hydroelectric power generators. ¶ [0076]; FIG. 7 illustrates an embodiment direct current (DC) micro-grid 700. The DC micro-grid 700 may include loads 726 a, 726 b, 730 a, 730 b, 734 a, 734 b, power generators 704 a, 704 b, 706 a, 706 b, 710 a, 710 b).
Regarding Claim 8, Ballatine discloses the hydropower-electrolysis system according to claim 1 [see rejected Claim 1],
wherein the hydropower assembly comprises a plurality of hydropower units, each hydropower unit including a water turbine [incorporated reference para 0083: The SORFC systems described herein may have other embodiments and configurations, as desired. Other components, such as fuel side exhaust stream condensers, heat exchangers, heat-driven heat pumps, turbines] and an electrical generator coupled to the water turbine FIG. 7, ¶ [0020-0023]; may also comprise other generators of direct current, such as solar cell, wind turbine, geothermal or hydroelectric power generators. ¶ [0076]; FIG. 7 illustrates an embodiment direct current (DC) micro-grid 700. The DC micro-grid 700 may include loads 726 a, 726 b, 730 a, 730 b, 734 a, 734 b, power generators 704 a, 704 b, 706 a, 706 b, 710 a, 710 b,
the plurality of hydropower units being electrically connected in parallel [as shown in FIG. 7 where 704a-722b are connected in Parallel] via a main power line [738] and the electrolysis assembly being electrically connected to the main power line (FIG. 7, ¶ [0050-0051]).
Regarding Claim 9, Ballatine discloses the hydropower-electrolysis system according to claim 1 [see rejected Claim 1],
comprising a plurality of electrolysis units, each electrolysis unit including an electrolysis assembly [704a-722b] (FIG. 7),
wherein the hydropower assembly comprises a transformer having a plurality of electrical taps, each tap being electrically connected to one of the electrolysis units (FIG. 7, ¶ [0080]; In an embodiment, the power electronics device 740 may be a high efficiency isolation transformer, such as a hexaformer, which may provide isolation between the AC power generation bus 705 and the common DC bus 738).
Regarding Claim 10, Ballatine discloses the hydropower-electrolysis system according to claim 1 [see rejected Claim 1],
comprising a plurality of electrolysis units, each electrolysis unit including a electrolysis assembly, wherein the hydropower assembly comprises a power distribution unit electrically coupled to the plurality of electrolysis units, the power distribution unit being configured to adjust the amount of electrical energy provided to each of the electrolysis units (FIG. 7, ¶ [0087]; Power electronics devices 752, 754, and 756 may be power conversion devices, such as AC/DC converters, DC/DC converters, and/or DC/AC converters, coupled to the load buses 728, 732, and 736 and coupled to the common DC bus 738. Power electronics devices 752, 754, and 756 may transfer power from/to the load buses 728, 732, and 736 to/from the common DC bus 738. Power electronics devices 752, 754, and 756 may be configured to filter injected signals in the common DC bus 738 such that the injected signals do not pass along to the load buses 728, 732, and 736. ¶ [0090]; (FIG. 7, ¶ [0090]; In an embodiment, the common DC bus 738 may be optimized by holding the power output of the power generators 704 a, 704 b, 706 a, 706 b, 710 a, 710 b constant and using the energy storage devices 714 a, 714 b, 718 a, 718 b, 722 a, 722 b to buffer diurnal load transients, while the power output of the power generators 704 a, 704 b, 706 a, 706 b, 710 a, 710 b may only be increased and/or decreased when the load pattern diverges from its typical diurnal cycle).
Regarding Claim 12, Ballatine discloses the hydropower-electrolysis system according to claim 1 [see rejected Claim 1],
wherein the hydropower-electrolysis system is configured to cool at least one component of the hydropower-electrolysis system by means of water for driving the hydropower assembly (¶ [0053]; In this manner, spent fuel (e.g., water or CO2) may be run backwards through the fuel cells to produce useable fuel (e.g., H2 or hydrocarbon fuel), which is stored for future use by fuel cells in fuel cell mode, as described in U.S. patent application Ser. No. 10/653,240, filed Sep. 3, 2003 and entitled “Combined Energy Storage and Fuel Generation with Reversible Fuel Cells, which is incorporated herein by reference in its entirety).
Regarding Claim 13, Ballatine discloses the hydropower-electrolysis system according to a-claim 1 [see rejected Claim 1],
wherein the hydropower-electrolysis system being is configured to supply water for driving the hydropower assembly to the electrolysis assembly as the supply medium (¶ [0053]; In this manner, spent fuel (e.g., water or CO2) may be run backwards through the fuel cells to produce useable fuel (e.g., H2 or hydrocarbon fuel), which is stored for future use by fuel cells in fuel cell mode, as described in U.S. patent application Ser. No. 10/653,240, filed Sep. 3, 2003 and entitled “Combined Energy Storage and Fuel Generation with Reversible Fuel Cells, which is incorporated herein by reference in its entirety).
Regarding Claim 14, Ballatine discloses a hydro power plant, comprising a hydropower-electrolysis system comprising:
an electrolysis assembly comprising a plurality of electrolysis cells configured to generate, upon provision of a direct electrical current, at least one electrolysis product from a supply medium (refer to “a” above);
a hydropower assembly being directly electrically connected to the electrolysis assembly for operating the electrolysis cells of the electrolysis assembly based on electrical power generated by the hydropower assembly (refer to “b” above); and
a power regulation assembly electrically arranged in between the hydropower assembly and the electrolysis assembly (refer to “c” above),
the power regulation assembly being configured to adjust the provision of electrical energy to the electrolysis assembly, wherein the power regulation assembly is configured to charge an energy storage unit via the hydropower assembly (refer to “d”),
wherein, in response to meeting a condition associated with the hydropower assembly (refer to “e”),
the power regulation assembly is configured to provide the electrical energy to the electrolysis assembly from the energy storage unit (refer to “f”).
Regarding Claim 15, Ballatine discloses a method for generating at least one electrolysis product with a hydropower-electrolysis system, -the method comprising:
converting kinetic energy of water into electrical power by means of a hydropower assembly (refer to “a”);
generating the at least one electrolysis product from a supply medium by means of an electrolysis assembly comprising a plurality of electrolysis cells (refer to “b”),
wherein the electrical power generated by means of the hydropower assembly is provided to the plurality of electrolysis cells (refer to “c”); and
adjusting the provision of electrical energy to the electrolysis assembly by means of a power regulation assembly electrically arranged in between the hydropower assembly and the electrolysis assembly (refer to “d”),
wherein the power regulation assembly is configured to charge an energy storage unit via the hydropower assembly, wherein, in response to meeting a condition associated with the hydropower assembly (refer to “e”),
the power regulation assembly is configured to provide the electrical energy to the electrolysis assembly from the energy storage unit (refer to “f”).
Regarding Claim 16, Ballatine discloses the hydropower-electrolysis system according to claim 1 [see rejected Claim 1],
wherein the condition comprises a downtime of the hydropower assembly (¶ [0037]; various modes of operation of the system).
Regarding Claim 17, Ballatine discloses the hydropower-electrolysis system according to claim 1 [see rejected Claim 1],
wherein the condition comprises an increased electricity demand on the hydropower assembly (¶ [0037]; various modes of operation of the system).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ballatine (US 2012/0267952) according to Claim 1 and in further view of Maiwald (US 2004/066043).
Regarding Claim 2, Maiwald discloses the hydropower-electrolysis system according to claim 1 [see rejected Claim 1],
Ballatine is not explicit to disclose wherein the hydropower assembly is located in the proximity of the electrolysis assembly, in particular in a range smaller than 10 km, preferably smaller than 5 km, in particular smaller than 1000 m.
Maiwald also discloses (A) “Turning now to the drawings and referring to FIG. 1, a hydroelectric power generating installation 10 is illustrated generally, including a dam 1 2 spanning a river 14 and a power generating facility 16 … As will be understood by persons skilled in the art, facility 16 may include more or fewer generating units 18, and such units may be situated adjacent to one or both banks 20, 22 of river 14, or at various locations between the banks”.
Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filling date of the claimed invention to be situated adjacent to a river (refer to A above) “in particular in a range smaller than 10 km, preferably smaller than 5 km, in particular smaller than 1000 m”. One would be motivated to do so to install Ballatine’s hydropower-electrolysis system near a water source such as river.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ballatine (US 2012/0267952) according to Claim 1 and in further view of Maiwald (US 2004/066043).
Regarding Claim 11, Ballatine discloses the hydropower-electrolysis system according to claim 1 [see rejected Claim 1],
Ballatine does not disclose comprising a compression assembly for pressurizing the at least one electrolysis product, wherein the hydropower assembly comprises at least one water turbine mechanically coupled to the compression assembly.
Maiwald teaches comprising a compression assembly for pressurizing the at least one electrolysis product, wherein the hydropower assembly comprises at least one water turbine mechanically coupled to the compression assembly (¶ [0034]; As persons skilled in the art will understand, storage tanks 188A and 188B may be high-pressure gas storage vessels, possibly including on-board compressors for pressurizing the hydrogen and oxygen gas as it enters the tanks. Alternatively, separate gas compressors could be used intermediate electrolyzer 192 and storage system 188).
It would have been obvious to one of ordinary skilled in the art before the effective filling date of the claimed invention to incorporate Maiwald’s teachings into Ballatine’s hydropower-electrolysis system. One would be motivated to do so to raise the pressure of the hydrogen generated for storage and for reliable delivery to downstream equipment such as the energy storage unit.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH ORTEGA whose telephone number is (469)295-9083. The examiner can normally be reached M-F 8 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TULSIDAS C. PATEL can be reached at (571)272-2098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH ORTEGA/Primary Examiner, Art Unit 2834
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