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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/13/2025 has been entered.
Response to Amendment
The amendment filed on 11/13/2025 has been entered into the prosecution of the application.
Claim(s) 9 is amended. Claim objection for claim 9 is withdrawn because the applicant has amended claim 9.
Currently, claim(s) 1-9 and 11-15 is/are pending, with claim(s) 1-8 withdrawn from consideration.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 9 and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rentaro Kuroki of US 2008/0245318 A1 (hereinafter, Kuroki) in view of Gerald Peter Jackson of US 2010/0035103 A1 (hereinafter, Jackson), Morten A. Lund of WO 2017/004551 A1 (hereinafter, Lund), and Robert Hotto of US 2017/0279141 A1 (hereinafter, Hotto).
As to claim 9, Kuroki does not explicitly disclose a system for enhancing diesel fuel combustion. However, Kuroki pertains to the instant invention because Kuroki can be applied to both gasoline and diesel engine (Kuroki, paragraph [0151]).
For the examination purposes, Kuroki’s hydrogen-fueled internal combustion engine meets the claim limitation “a system for enhancing diesel fuel combustion” because “liquid hydrocarbon fuel” of Kuroki comprises both gasoline and diesel fuel (Kuroki, paragraph [0151]). Hereinafter, the instant claim rejection applies the analogous reasoning and treats the instant claim limitations “diesel fuel” as “the liquid hydrocarbon fuel” of Kuroki and “diesel engine” as “the internal combustion engine” of Kuroki, at least relying on Kuroki’s teaching in paragraph [0151] above.
Kuroki teaches to a system for enhancing diesel fuel combustion (the hydrogen-fueled internal combustion engine 1; Kuroki, paragraph [0035], Fig. 1) by adding reformed hydrogen to diesel fuel (an alternative is to furnish a hydrogen generation device, which generates hydrogen gas by means of steam reforming … to supply hydrogen gas to microbubble generation device 16; Kuroki, paragraph [0087]), comprising:
(a) a liquid diesel fuel tank (fuel tank 15a; Kuroki, paragraph [0054], Figs. 1, 3, 4);
(b) a reformer/hydrogen generation system (hydrogen fuel tank 17a and/or the hydrogen generation device 50; Kuroki, paragraphs [0087], [0113], Figs. 1, 3, 4).
(c) an infuser/mixer (microbubble generation device 52; Kuroki, paragraph [0112]), wherein the infuser/mixer receives the liquid diesel fuel from the liquid diesel fuel tank (Kuroki, paragraph [0112], Fig. 4), and receives the hydrogen gas from the reformer/hydrogen generation system (the hydrogen gas to be mixed into the liquid fuel by the microbubble generation device 52 is supplied from a hydrogen generation device 50 via a hydrogen gas supply line 46; Kuroki, paragraph [0113], Fig. 4), and bubbles the hydrogen gas into the liquid diesel fuel to form a homogeneous mixture of hydrogen gas in liquid diesel fuel (since the microbubble generation device 52 forms the hydrogen gas microbubbles and mixes them into the liquid fuel, the hydrogen gas can be uniformly mixed into the liquid fuel; Kuroki, paragraphs [0019], [0112], [0125]);
(d) a lift pump (fuel pump 32; Kuroki, Fig. 4) for moving the homogeneous mixture of hydrogen gas in liquid diesel fuel out of the infuser/mixer (the fuel injection device 118 is connected to a fuel tank 30 via a fuel supply line 36, wherein the liquid fuel is drawn by a fuel pump 32 for supplying liquid fuel to the fuel injection device 118, and wherein a microbubble device 52 is positioned downstream of the fuel pump 32; Kuroki, paragraphs [0111] – [0112], Fig. 4);
(e) a diesel engine having a combustion chamber (the interior of each cylinder is provided with a combustion chamber 110; Kuroki, paragraph [0109], Fig. 4); and
(f) an injector (the fuel injection device 118; Kuroki, paragraphs [0110] – [0112], Fig. 4) for moving the homogeneous mixture of hydrogen gas in liquid diesel fuel from the lift pump to the combustion chamber.
As to the term “wherein the liquid diesel fuel and the hydrogen gas premix before entering the infuser/mixer” in the step (c) of the instant claim 1, the instant claim fails to show that premixing results in unexpected results.
There is a finding that at the relevant time, there had been a recognized problem or need in the art for mixing a large amount of hydrogen gas into the hydrocarbon fuel so that the mixability of hydrocarbon fuel and hydrogen gas improves, as taught by Kuroki (Kuroki, paragraph [0011]). One of ordinary skill in the art has recognized that the improved mixing between hydrogen gas and hydrocarbon fuel improves the combustion efficiency (Kuroki paragraph [0002]).
There is a finding that there had been a finite number of identified, predictable potential solutions to the recognized need of supplying homogeneous hydrogen gas and the hydrocarbon fuel into the internal combustion engines for improved efficiency. The instant claim limitation “that the liquid diesel fuel and the hydrogen gas premix before entering the infuser/mixer” amounts to a predictable potential solution because Kuroki teaches to mixing hydrogen gas and hydrocarbon fuel via a microbubble generation device prior to mixing hydrogen gas and the liquid diesel fuel prior to entering an engine (Kuroki, Fig. 1). The homogeneity of hydrogen gas and hydrocarbon fuel is important to a degree that the uniformity is ensured prior to being added to the internal combustion engine of Kuroki. One of ordinary skill in the art could indefinitely add additional mixing steps, even before entering the infuser/mixer, but it would amount to common sense since mixing multiple times results in better uniformity in general. A patent examiner may rely on "common knowledge and common sense” of the person of ordinary skill in the art without any specific hint or suggestion in a particular reference (please see MPEP 2143.I.E.).
Kuroki teaches mixing of hydrogen gas and hydrocarbon fuel before the resulting mixture enters the internal combustion engine, and one of ordinary skill in the art could have mixed one or more times based on the well-known importance of homogeneity between added hydrogen gas and hydrocarbon fuel. At least for this reason, a person of ordinary skill has a good reason to pursue the known options within his or her technical grasps, and it would have been obvious to one of ordinary skill in the art to have arrived at the instant invention “that the liquid diesel fuel and the hydrogen gas premix before entering the infuser/mixer.
Kuroki does not explicitly disclose “the reformer/hydrogen generation system generates hydrogen gas from the liquid diesel fuel received from the liquid diesel fuel tank” in step (b) above.
Jackson pertains to the instant invention because Jackson relates to improving fuel efficiency by adding hydrogen (Jackson, paragraphs [0017], [0030]).
Jackson teaches to an apparatus for generating hydrogen gas (hydrogen gas outlet 24; Jackson, Fig. 2, paragraph [0023]) from the liquid diesel fuel received from the liquid diesel fuel tank (fuel tank 44, wherein Jackson teaches that diesel fuel can be used without any changes to the engine; Jackson, paragraph [0029], Fig. 6). Jackson teaches that the generated hydrogen gas can be used for fueling an internal combustion engine (Jackson, claim 28).
Both Kuroki and Jackson relate to improving fuel efficiency by adding hydrogen (Jackson, paragraphs [0017], [0030]). Kuroki does not explicitly teach “the reformer/hydrogen generation system generates hydrogen gas from the liquid diesel fuel received from the liquid diesel fuel tank.” Kuroki does teach a reformer/hydrogen generation system (hydrogen fuel tank 17a and/or the hydrogen generation device 50; Kuroki, paragraphs [0087], [0113], Figs. 1, 3, 4). Jackson teaches that hydrogen gas generated from liquid diesel fuel received from the liquid diesel fuel tank may be used for an internal combustion engine (please see above).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the system of Kuroki with the hydrogen gas of Jackson for improving fuel efficiency by adding hydrogen (Jackson, paragraphs [0017], [0030]).
Kuroki in view of Jackson still reads into the claim limitation because Kuroki in view of Jackson teaches to the system of claim 9, wherein a first portion of diesel fuel in a diesel fuel tank passes directly into the reformer/hydrogen system (Jackson, paragraph [0029] and Fig. 6) and a second portion of a diesel fuel in a diesel fuel tank passes directly into the infuser/mixer (the second fuel supply path 15d connected to the microbubble generation device 16; Kuroki, paragraph [0058], Fig. 1).
Kuroki in view of Jackson provides reasons for passing a diesel fuel directly into the reformer/hydrogen system (to generate hydrogen gas, which is taught to increase fuel efficiency upon addition of hydrogen gas into liquid diesel fuel) and into the infuser/mixer (to provide uniform mixture upon addition of hydrogen gas into the liquid diesel fuel).
Kuroki in view of Jackson does not explicitly teach to splitting the supply of liquid diesel fuel into a first portion and a second portion (i.e., using the same diesel fuel source for direct combustion as well as the source for making the hydrogen supply).
Lund pertains to the instant invention because Lund relates to improving the efficiency of combustion processes using hydrogen gas (Lund, paragraph [0001]).
Lund teaches a tank or other source of hydrocarbon liquid 126, wherein hydrocarbon liquid may be diesel (Lund, paragraph [0006]). Lund teaches an embodiment in which a hydrocarbon liquid inlet 102 of the tank 126 directly passes into gas processing unit 108 (Lund, paragraph [0037], Fig. 1) that produces collected hydrogen gas (Lund, paragraph [0010]). Gas processing unit 108 reads into reformer/hydrogen generation system, and at least one infusion tube 112 reads into infuser/mixer. Alternative embodiments are taught by Lund, wherein the tank 126 directly passes hydrocarbon liquid into the infusion tube 112 (Lund, paragraph [0045], Fig. 3). Lund teaches that any of the embodiments may be combined (Lund, paragraph [0045]) for achieving homogeneous blending (Lund, paragraph [0046]). Combination of the alternative embodiments of Lund would have resulted in splitting the supply of liquid diesel fuel into a first portion and a second portion, and as such one of ordinary skill in the art would have found it as a routine experimentation because a particular parameter can be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, and the determination of the optimum or workable ranges of said variable might be characterized as routine experimentation (please refer to MPEP § 2144.05(II)(B)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have discovered the optimum or workable ranges, including values within the claimed range, through routine experimentation by combining the system of Kuroki in view of Jackson with the alternative embodiments of Lund for improving the efficiency of combustion processes using hydrogen gas (Lund, paragraph [0001]).
Kuroki in view of Jackson and Lund does not explicitly teach wherein the diesel fuel tank acts as a single source of both hydrogen and diesel fuel such that all of the hydrogen gas entering the infuse/mixer and all of the diesel fuel entering the infuser/mixier originates from diesel fuel tank.
In an analogous art, Hotto teaches to system, wherein the diesel fuel tank acts as a single source of both hydrogen and diesel fuel such that all of the hydrogen gas entering the infuse/mixer and all of the diesel fuel entering the infuser/mixier originates form diesel fuel tank (Hotto, Fig. 4, teaches vortex tube 400 as a reformer for producing hydrogen gas, wherein Hotto, paragraph [0057], teaches that hydrogen produced by the reforming within the vortex tube 400 is provided as hydrogen injection or enhancement to the engine 406, in which the hydrogen may be combined with diesel fuel from an tank 410).
Both Kuroki in view of Jack and Lund and Hotto relate to a system comprising an internal combustion system (Hotto, paragraph [0006]). Kuroki in view of Jack and Lund does not explicitly teach wherein the diesel fuel tank acts as a single source of both hydrogen and diesel fuel. Kuroki in view of Jack and Lund does teach diesel fuel and hydrogen gas entering the infuser/mixer. Hotto teaches to a system wherein the diesel fuel tank act as a single source of both hydrogen and diesel fuel such that all of the hydrogen gas entering the diesel engine and all of the diesel fuel entering the diesel engine originates from diesel fuel tank.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the system of Kuroki in view of Jack and Lund with the onboarding reformer system of Hotto to address issues associated with pure hydrogen storages, thereby improving fuel economy and providing infrastructure flexibility.
As to claim 11, Kuroki in view of Jackson, Lund, and Hotto teaches to the system of claim 9, further comprising: a hydrogen buffer tank (a hydrogen fuel tank 17a; Kuroki, paragraph [0064]).
Kuroki in view of Jackson, Lund, and Hotto does not explicitly teach that the hydrogen buffer tank 17a is placed between the reformer/hydrogen generation system and the infuser/mixer (i.e., a specific sequence of the said system elements).
However, Kuroki in view of Jackson, Lund, and Hotto teaches an alternative to furnish a hydrogen generation device, which generates hydrogen gas by means for reforming (Kuroki, paragraph [0087]). Based on the teaching of Kuroki in view of Jackson, Lund, and Hotto, one of ordinary skill in the art would have simply placed a reformer for generating hydrogen gas in a prior step to reaching the hydrogen fuel tank 17a.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have arrived at the instant invention because a particular parameter can be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, and the determination of the optimum or workable sequence of the said system elements might be characterized as routine experimentation (please refer to MPEP § 2144.05(II)(B)).
As to claim 12, Kuroki in view of Jackson, Lund, and Hotto teaches to the system of claim 9, further comprising:
an air inlet into the combustion chamber (when the intake valve 7 opens, air is taken into the combustion chamber 2; Kuroki, paragraph [0037]).
As to claim 13, Kuroki in view of Jackson, Lund, and Hotto teaches to the system of claim 9, wherein the reformer/hydrogen generation system is any one of:
a steam reforming system (an alternative is to furnish hydrogen generation device, which generates hydrogen gas by means of steam reforming of methanol, gasoline, or the like, Kuroki, paragraph [0087]).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Rentaro Kuroki of US 2008/0245318 A1 (hereinafter referred to as Kuroki) in view of Gerald Peter Jackson of US 2010/0035103 A1 (hereinafter referred to as Jackson), Morten A. Lund of WO 2017/004551 A1 (hereinafter referred to as Lund), and Robert Hotto of US 2017/0279141 A1 (hereinafter, Hotto), as applied to claim 9 above, and in further view of Tartakovsky, Leonid, and Moshe Sheintuch, "Fuel reforming in internal combustion engines." Progress in Energy and Combustion Science 67 (2018): 88-114 (hereinafter, Tartakovsky).
As to claim 14, Kuroki in view of Jackson, Lund, and Hotto does not explicitly teach “wherein the reformer/hydrogen generation system is heated by the diesel engine.”
Tartakovsky pertains to the instant invention because Tartakovsky relates to exhaust gas recirculation (EGR) in contexts of fuel reforming in internal combustion engines (Tartakovsky, abstract).
Tartakovsky teaches that the reformer is heated by the diesel engine (Tartakovsky, Fig. 2).
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Fig. 2 of Tartakovsky
Both Kuroki in view of Jackson, Lund, and Hotto and Tartakovsky relate to fuel reforming in internal combustion engine (Tartakovsky, abstract). Kuroki in view of Jackson, Lund, and Hotto does not explicitly teach heating by exhaust from diesel engine. Kuroki in view of Jackson, Lund, and Hotto does teach using reformers with internal combustion engine (Kuroki, paragraphs [0087], [0113], Figs. 1, 3, 4). Tartakovsky teaches heating the reformer/hydrogen generation system for maximally utilizing the engine waste heat (Tartakovsky, pg. 92).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the system of Kuroki in view of Jackson, Lund, and Hotto with the heating of Tartakovsky for increasing fuel efficiency (Tartakovsky, pg. 95).
As to claim 15, Kuroki in view of Jackson, Lund, and Hotto does not explicitly teach “wherein the reformer/hydrogen generation system can either be: discarded as waste, or returned to the diesel fuel tank.”
Tartakovsky teaches that “the hydrogen-rich reformate is usually recirculated into the intake (Tartakovsky, pg. 95, Fig. 7) for providing fuel efficient reforming process (Tartakovsky, pg. 95).
Both Kuroki in view of Jackson, Lund, and Hotto and Tartakovsky relate to fuel reforming in internal combustion engine (Tartakovsky, abstract). Kuroki in view of Jackson, Lund, and Hotto does not explicitly teach recirculation by exhaust from diesel engines. Kuroki in view of Jackson, Lund, and Hotto does teach using reformers with internal combustion engine (Kuroki, paragraphs [0087], [0113], Figs. 1, 3, 4). Tartakovsky teaches EGR or REGR for heating the reformer/hydrogen generation system for increasing fuel efficiency (Tartakovsky, pg. 95).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the system of Kuroki in view of Jackson, Lund, and Hotto with the heating of Tartakovsky for increasing fuel efficiency (Tartakovsky, pg. 95).
Response to Arguments
Applicant’s arguments, see pgs. 7 to 9 of 10, filed 11/13/2025, with respect to the rejection(s) of claim(s) 9 under 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 Kuroki of US 2008/0245318 A1 (hereinafter, Kuroki) in view of Gerald Peter Jackson of US 2010/0035103 A1 (hereinafter, Jackson), Morten A. Lund of WO 2017/004551 A1 (hereinafter, Lund), and Robert Hotto of US 2017/0279141 A1 (hereinafter, Hotto). Please refer to the rejection above.
On pgs. 7 to 9 of 10, the applicant asserts that claim 9, as amended, emphasizes that the very same diesel fuel tank act as a single source for both the diesel fuel entering the infuser/mixer and the hydrogen gas entering the infuser/mixer. Yet further, on pg. 8 of 10, the applicant asserts that the instant invention has an advantage in that only one source is required for both the liquid fuel and the gas.
Hotto, Fig. 4, teaches to a single diesel fuel tank that act as a single source for the both diesel fuel entering the diesel engine and the hydrogen gas entering the diesel engine, whereas Kuroki teaches to an infuser/mixer (microbubble generation device 52; Kuroki, paragraph [0112]), wherein the infuser/mixer receives the liquid diesel fuel from the liquid diesel fuel tank (Kuroki, paragraph [0112], Fig. 4), and receives the hydrogen gas from the reformer/hydrogen generation system (the hydrogen gas to be mixed into the liquid fuel by the microbubble generation device 52 is supplied from a hydrogen generation device 50 via a hydrogen gas supply line 46; Kuroki, paragraph [0113], Fig. 4), and bubbles the hydrogen gas into the liquid diesel fuel to form a homogeneous mixture of hydrogen gas in liquid diesel fuel (since the microbubble generation device 52 forms the hydrogen gas microbubbles and mixes them into the liquid fuel, the hydrogen gas can be uniformly mixed into the liquid fuel; Kuroki, paragraphs [0019], [0112], [0125]).
In fact, Hotto, paragraph [0083], teaches that the concept of onboarding reforming is very well-established. Onboard reforming is a technology where a vehicle’s fuel is converted inside the vehicle into a hydrogen-rich gas, or reformate, for boosting engine efficiency and for overcoming issues of storing pure hydrogen. Please refer to the rejection above.
At least for these reasons, the rejection is maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN LEE whose telephone number is (703)756-1254. The examiner can normally be reached M-F, 7:00-16:00.
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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.
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/JOHN LEE/Examiner, Art Unit 1794
/JAMES LIN/Supervisory Patent Examiner, Art Unit 1794
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