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 .
Status of Claims
This communication is a first office action non-final rejection on the merits.
Applicant' s “Response to Amendment” filed on 02/12/2025 has been considered.
Claims 3, 6, 8-15, 19, 21-23, 25-30 are canceled
Claim(s) 1-2, 4-5, 7, 16-18, 20, 24, 31-34, as filed, are currently pending and have been fully considered below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/16/2024 are being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1-2, 4-5, 7 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more and thus do not satisfy the criteria for subject matter eligibility.
Step 1
Claim(s) 1 is all directed to a statutory category (e.g., a process, machine, manufacture, or composition of matter).
Step 2A Prong One: Yes
Exemplary claim(s) 1 recites the following abstract concepts that are found to include “abstract idea”:
Claim 1 - A distributed monitoring and distribution system for a gas comprising:
Claim(s) 1 disclose(s) an abstract idea of gas monitoring, which falls into the grouping of “Certain Methods of Organizing Human Activities”. More specifically, the claims limitations above have concepts related to: receiving and storing data (A-B) and derivation data (C), and thus are considered commercial practice known in fuel industry.
Claims 1-2, 4-5, 7 recite an abstract idea.
Step 2A Prong Two
The identified additional elements are:
Claim 1 “at least one sensor associated with each of a plurality of gas storage vessels, at least some of said gas storage vessels being at remote locations in relation to others of said gas storage vessels”;
Claim1 a plurality of communication gateways;
Claim 1 a database;
Claim 1 server;
Claim 1 a gas availability engine;
The claimed additional elements that perform limitations A-B are claimed at a high level of generality and is considered nothing more than data stored and data received, and thus are considered mere instructions to implement an abstract idea on a computer and extra-solution activity; the additional elements that perform limitation C is claimed at a high level of generality and is considered nothing more than data determination without the recitation of an improvement, and thus are considered mere instructions to implement an abstract idea on a computer; When view in combination, the additional elements merely describe how to generally “apply” the abstract idea in a generic or general-purpose computer, and generality links the use of the judicial exception to a particular technological environment or field of use, and thus do not integrate the abstract idea into a practical application, and claim(s) 1 is directed to the judicial exception.
Claims 1-2, 4-5, 7 are directed to an abstract idea.
Step 2B: No
Claims 1-2, 4-5, 7 are not including additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to Step 2A Prong Two, to generally “apply” the abstract idea in a generic or general-purpose computer, and generally links the use of the judicial exception to a particular technological environment or field of use, and thus do not integrate the abstract idea into a practical application.
In addition, the courts have found computer functions claimed at high level of generality as not sufficient to show an improvement in computer-functionality (see MPEP 2106.05(a)), and well‐understood, routine, and conventional functions (see MPEP 2106.05(d)), applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e)
Even when viewed as a whole, nothing in the claims adds significantly more to the abstract idea.
Claims 1-2, 4-5, 7 are ineligible.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1-2, 4-5, 7 are rejected under pre-AIA 35 U.S.C. 102(a)(2) as being anticipate by BORUP et al. (US 20230259088 A1, hereinafter BORUP).
Regarding claim 1, BORUP discloses:
A distributed monitoring and distribution system for a gas comprising: Figure 1-2;
at least one sensor associated with each of a plurality of gas storage vessels, at least some of said gas storage vessels being at remote locations in relation to others of said gas storage vessels; each of said at least one sensor providing an output consisting of a real-time metric for the quantity of hydrogen in a gas storage vessel associated with said sensor; ([0100] “a client may comprise its own sensors installed at the associated element. Sensors should be understood as any kind of sensors relevant for the information required from or usable at the central computer 7 including, but not limited to position (GPS) sensors, temperature sensors, pressure sensors, flow sensors, power meters, counters, timers”; Figure 1-2 clients 2, 4, 29, 5 [0151] meter; [0148] pressure; claim 9; [0177] “information relevant for the central computer system received from the logistics clients include, but is not limited to, global position data (from GPS system), temperature, pressure, volume, surveillance/status on valves of the tube trailer, status of leakage detection systems”);
a plurality of communication gateways for collecting data from said sensors and transmitting said data to a server; (Figures 1-2 a central computer system comprising a data processor and a data storage);
a database associated with said server, said database containing records characterizing, for each of said storage vessels: ([0077]-[0078] central computer database);
the location of said storage vessel; ([0177] the central computer system received from the logistics clients include, but is not limited to, global position data (from GPS system), temperature, pressure, volume, surveillance/status on valves of the tube trailer, status of leakage detection systems)
the gas needs of an owner associated with said storage vessel; ( [0092] type of hydrogen ; [0045]-[0049] certification, type of energy source; [0132][0167]-[0169] green hydrogen;)
the quantity of gas available in said storage vessel; (0164][0165][0169] [0113][0143] [0142][0133][0130] the central computer system receives amount of the hydrogen distribution via a hydrogen tube trailer 14, the amount of hydrogen produced at the hydrogen facility 3, the amount of hydrogen refueling station 17 and amount of hydrogen fueling fuel cell vehicles 18 via clients 2, 4, 5 and 29; see Figure 1-2;);
said database further containing data characterizing the gas requirements of a plurality of consumers of gas; ( [0092] type of hydrogen ; [0045]-[0049] certification, type of energy source; [0132][0167]-[0169] green hydrogen;)
a gas availability engine for deriving the quantity and quality of gas available from each of said storage vessels as a function of a capacity of the storage vessel and at least two of the following factors: a record of gas draws from said storage vessel, a gas degradation look up table or formula, and real-time data supplied by said at least one sensor associated with said storage vessel. ([0133] “the central computer system establishes how much hydrogen is available at a hydrogen refueling station 17, based on data received from a hydrogen production facility client 2 and a hydrogen logistics client 4, e.g. by receiving information indicative of the amount of hydrogen produced at the hydrogen production facility 3 and the hydrogen distribution via a hydrogen tube trailer 14. And based on the amount of hydrogen available at the hydrogen refueling station 17, a production plan may be established, e.g. if the central computers system estimated that an amount of hydrogen available at the hydrogen refueling station 17 is below a pre-established threshold”; [0100] 0113][0130][0133] [0142][0143][0151][0164][0165][0169] the central computer system receives amount of the hydrogen distribution via a hydrogen tube trailer 14, the amount of hydrogen produced at the hydrogen facility 3, the amount of hydrogen refueling station 17 and amount of hydrogen fueling fuel cell vehicles 18 via clients 2, 4, 5 and 29 having sensor such as meter, GPS, flow, etc; see Figure 1-2; [0011][0075][0092] lifecycle data package includes type of hydrogen; [0045][0049] certification, type of energy source; [0132][0167]-[0169] the central system knows the bus company needs green hydrogen; “From logistics clients 4, the central computer system 7 knows that two tube trailers 14 are at the production facility in two days when green hydrogen again can be produced, however for the bus company to receive enough green hydrogen a third tube trailer is needed. Therefore, via a logistics client the central computer system contacts the driver or manager of the tube trailer fleet and requests a third tube trailer at the production facility in two days”; [0169] “the central computer system communicates to one of the hydrogen refueling stations fueling busses of the bus company, via the associated receiving entity client 29, an amount of the remaining hydrogen to be fueled to the individual busses. The amount is just enough for the busses to drive their daily route”);
Regarding claim 2, BORUP discloses:
wherein said database contains records characterizing, for each of said storage vessels, the quality of gas available in said storage vessel. [0168] the bus company received enough green hydrogen; [0169] “the central computer system communicates to one of the hydrogen refueling stations fueling busses of the bus company, via the associated receiving entity client 29, an amount of the remaining hydrogen to be fueled to the individual busses. The amount is just enough for the busses to drive their daily route”
Regarding claim 4, BORUP discloses:
a prediction engine for predicting the future hydrogen needs and the future hydrogen availability associated with a given storage vessel. [0099] predict hydrogen need in the future; [0169]-[0171] a third tube trailer hydrogen delivery is need and that refueling bus station has just hydrogen for busses to drive their daily busses, and the central computer therefore knows what is need;
Regarding claim 5, BORUP discloses:
a prediction engine for calculating changes in quantity or quality of stored hydrogen as a function of dispensing or replenishing hydrogen from particular vessels or a plurality of vessels. ([0133] “the central computer system establishes how much hydrogen is available at a hydrogen refueling station 17, based on data received from a hydrogen production facility client 2 and a hydrogen logistics client 4, e.g. by receiving information indicative of the amount of hydrogen produced at the hydrogen production facility 3 and the hydrogen distribution via a hydrogen tube trailer 14. And based on the amount of hydrogen available at the hydrogen refueling station 17, a production plan may be established, e.g. if the central computers system estimated that an amount of hydrogen available at the hydrogen refueling station 17 is below a pre-established threshold”; [0100] 0113][0130][0133] [0142][0143][0151][0164][0165][0169] the central computer system receives amount of the hydrogen distribution via a hydrogen tube trailer 14, the amount of hydrogen produced at the hydrogen facility 3, the amount of hydrogen refueling station 17 and amount of hydrogen fueling fuel cell vehicles 18 via clients 2, 4, 5 and 29 having sensor such as meter, GPS, flow, etc; see Figure 1-2; [0011][0075][0092] lifecycle data package includes type of hydrogen; [0045][0049] certification, type of energy source; [0132][0167]-[0169] the central system knows the bus company needs green hydrogen; “From logistics clients 4, the central computer system 7 knows that two tube trailers 14 are at the production facility in two days when green hydrogen again can be produced, however for the bus company to receive enough green hydrogen a third tube trailer is needed. Therefore, via a logistics client the central computer system contacts the driver or manager of the tube trailer fleet and requests a third tube trailer at the production facility in two days”; [0169] “the central computer system communicates to one of the hydrogen refueling stations fueling busses of the bus company, via the associated receiving entity client 29, an amount of the remaining hydrogen to be fueled to the individual busses. The amount is just enough for the busses to drive their daily route”);
Regarding claim 7, BORUP discloses:
further comprising a gas distribution engine for coordinating transferring and/or mixing of gas from said gas storage vessels according to quantity and quality derived by the gas availability engine to provide or create mixed gas meeting the gas requirements of the plurality of consumers of gas. [0031][0056]-[0057][0162]-[0178] the central computer coordinates plan and distribute hydrogen in the chain;
Allowable Subject Matter
Claims 16-18, 20, 24 and 31-34 are allowed.
BORUP et al. (US 20230259088 A1, hereinafter BORUP) discloses a central Green and Gray hydrogen are produced and distribute; also discloses central computer system receives amount of the hydrogen distribution via a hydrogen tube trailer 14, the amount of hydrogen produced at the hydrogen facility 3, the amount of hydrogen refueling station 17 and amount of hydrogen fueling fuel cell vehicles 18 via clients 2, 4, 5 and 29 having sensor such as meter, GPS, flow, etc, see [0100][0113][0130][0133] [0142][0143][0151][0164][0165][0169] and Figures 1 and 2. Further discloses the central computer system knows the Bus company uses Green hydrogen, how much hydrogen refueling station of the buses received, and how much green hydrogen the refilling station need, and how much green hydrogen are in stock, see par. 169-171.
BORUP does not disclose “wherein the third purity is not equal to the first purity or the second purity; calculating, via the distribution system, a second quantity of said gas at the first purity and a third quantity of said gas at the second purity that when combined are equal to said first quantity at the third purity; transferring said second quantity of said gas at said first purity into said transportation vessel from said first storage facility; transferring said third quantity of said gas at said second purity into said transportation vessel from said second storage facility, thereby combining said second quantity and said third quantity of said gas in said transportation vessel”; “wherein the third purity is not equal to the first purity or the second purity;calculating, via the distribution system, from the first and second series of data, a volumetric or mass mixing ratio for combining said gas of said first purity with said gas of second purity so as to produce said gas at said third purity;mixing quantities of said gas from said first storage facility with said gas from said second storage facility according to said mixing ratio to produce a resultant mixed gas at said third purity” .
For at least those reasons, the combination with all limitations of claims 16 and 36 as a whole and as written have enough details in all the limitations to be considered novel and unobvious over the prior art.
Dependent claims 17-18, 20, 24 and 32-34 are also allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VANESSA DELIGI whose telephone number is (571)272-0503. The examiner can normally be reached on Monday-Friday 07:30AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Florian (Ryan) Zeender can be reached on (571) 272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VANESSA DELIGI/Patent Examiner, Art Unit 3627
/FLORIAN M ZEENDER/Supervisory Patent Examiner, Art Unit 3627