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
Claims 1-20 are currently pending.
Claim Objections
Claims 1-14 and 16-19 are objected to because of the following informality: Claims 1, 11, 12, 13, 14 recite the element “the Power-to-X unit” that has insufficient antecedent basis. Claims 2-12 and 16-19 are further objected for being dependent upon objected base claims 1, 13, and 14. Appropriate corrections are required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: one or more Power-to-X units (claims 1-20) configured to convert electric power from the power plant to X and a power-to-gas unit (claim 11) configured to convert electric power from the power plant to gas.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 1, 13-15, each recites the elements “one or more Power-to-X units configured to convert electric power from the power plant to X” and “a power-to-gas unit configured to convert electric power from the power plant to gas” that have been interpreted to invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (See claim interpretation above). However, the written description fails to disclose the corresponding structure, material, or acts for the claimed function. Written description fails to clearly link or associate the disclosed structure, material or acts to the claimed function such that one of ordinary skill in the art would recognize what structure, material or acts perform the claimed function.
A review of Applicant’s specification, describes the Power-to-X units as “a power-to-gas (P2G) unit” (See Specification at page 15) and the Power-to-gas unit is described as “an electrolyzer system comprising one or more of the group of: an alkaline electrolyzer; an unpressurized alkaline electrolyzer; a pressurized alkaline electrolyzer; a proton exchange membrane electrolyzer; an unpressurized proton exchange membrane electrolyzer; a pressurized proton exchange membrane electrolyzer; a polymer electrolyte membrane electrolyzer; an unpressurized polymer electrolyte membrane electrolyzer; a pressurized polymer electrolyte membrane electrolyzer; and a solid oxide electrolyzer (SOEC)” (See specification at page 16). For this reason, the written description fails to disclose a clear and concise corresponding structure for each of the “unit(s)” configured to invoke the claimed functions as recited. As known in the art, a power-to-x ‘system’ relies on many hardware components (structures) for renewable energy generation, power conversion, core conversion (such as electrolysis), and storage or synthesis. Thus, it is unclear and indefinite which specific component of the many components within the power-to-x system that performs the functions to “convert electric power” and/or to “convert electric power from the power plant to gas”.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph; or
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the claimed function, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(0) and 2181.
Claims 2-12 and 16-20 are further rejected under 35 U.S.C. 112, second paragraph, for being dependent upon a rejected base claim 1, 13, 14, or 15.
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.
Claims 13, 16, and 17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 13 recites “a program” (i.e., a computer program or a computer-readable medium as recited in the preamble of claim 13) that does not fall within one of the four categories of patent eligible subject matter (Step 1). The program is merely a set of instructions capable of being executed by a computer. The program itself is not a process and without a “non-transitory computer-readable medium”, the computer program’s functionality is considered a nonstatutory functional descriptive material. Therefore, claim 13 as recited is not patent eligible. See MPEP § 2106(I). Claims 16 and 17 are also rejected under 35 U.S.C. 101, for being dependent upon a rejected base claim 13.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8 and 11-20 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Beekmann (US-2015/0105923-A1).
With respect to claims 1, 13-15, Beekmann teaches a method, a computer program executed by a computer, a control arrangement, and a power plant for providing electric power to an electric power grid (figs.1b-3), wherein the power plant comprises:
one or more wind turbine generators (wind turbine generator 10, figs.1b-2),
one or more Power-to-X units (power to gas 23, fig.2) configured to convert electric power from the power plant to X (a power-to-gas unit, hydrogen is initially generated by means of an electrolysis, for which purpose electrical power is drawn from a wind turbine, a solar source or a biomass source (with electrical generation), and this power-to-gas unit 23 preferably also has a methanation unit, which uses the generated hydrogen with use of a further CO.sub.2 source to produce methane gas (CH.sub.4). The generated gas, whether hydrogen or methane, can be conveyed into a gas store or fed into a gas line network, for example a natural gas network, [0070]), and
a control arrangement (main controller 20, fig.1b) configured to:
in response to an under-frequency support request with regard to the electric power grid, determine to initiate an inertia emulation response period of the one or more wind turbine generators (support of the grid in the form of an inertia emulation…to reduce the reaction time when a predetermined grid frequency value is undershot and/or when a determined frequency drop gradient is exceeded…to provide the electrical power increase for a longer period of time than previously in order to thus support the grid better than previously for the case of an underfrequency or a certain frequency drop (frequency gradient), [0016-0017]) so as to increase the electric power generation of the wind turbine generator for providing frequency support to the electric power grid (if a predetermined underfrequency value is reached…the electrical power previously consumed by the power-to-gas unit is thus immediately available to the electrical grid, [0091]; as soon as the underfrequency value of 49.8 Hz is reached…the electrical power of the overall wind farm and a much greater proportion of electrical power is thus provided to the electrical grid when the underfrequency value is reached, [0092]); and
when or after it has been determined to initiate the inertia emulation response period, initiate an electric power consumption reduction period of the one or more Power-to-X units (reducing the power consumption of the power-to-gas unit and therefore as a result of the accompanying increased feed of electrical power into the grid, [0047]) so as to reduce the electric power consumption of the one or more Power-to-X units to a lower level or zero (as soon as the underfrequency value of 49.8 Hz is reached, the power consumption of the power-to-gas unit is reduced to "zero", [0092]).
With respect to claims 2, 16, 18, and 20, Beekmann teaches wherein the method comprises: after it has been determined to initiate the inertia emulation response period, initiating the inertia emulation response period; and when or after the inertia emulation response period is or has been initiated, initiating the electric power consumption reduction period of the one or more Power-to-X units (as soon as the underfrequency value of 49.8 Hz is reached, the power consumption of the power-to-gas unit is reduced to "zero", [0092]).
With respect to claims 3, 17, and 19, Beekmann teaches wherein the inertia emulation response period comprises a recovery period for the wind turbine generator to regain rotational energy lost during the inertia emulation response period, and wherein the method comprises: determining to initiate the recovery period of the one or more wind turbine generators; and when or after it has been determined to initiate the recovery period, initiating the electric power consumption reduction period of the one or more Power-to-X units (reducing the power consumption of the power-to-gas unit and therefore as a result of the accompanying increased feed of electrical power into the grid (power not drawn equals the increased feed power), the grid frequency thus recovers more quickly than before, figs.4-5 and [0047]; the [grid] frequency can recover again relatively quickly, and in any case the grid is supported for the predetermined previously described underfrequency case by stopping the electrical consumption of the power-to-gas unit).
With respect to claim 4, Beekmann teaches wherein the method comprises: after it has been determined to initiate the recovery period, initiating the recovery period of the one or more wind turbine generators; and before initiating the recovery period, initiating the electric power consumption reduction period of the one or more Power-to-X units (reducing the power consumption of the power-to-gas unit and therefore as a result of the accompanying increased feed of electrical power into the grid (power not drawn equals the increased feed power), the grid frequency thus recovers more quickly than before, the power-to-gas unit is then not switched on again immediately or the energy consumption is not started again immediately when the first grid frequency value is exceeded, but a period of time is thus allowed to pass until the grid frequency value again assumes a value that corresponds to the setpoint value or corresponds close to the setpoint value or is even above the setpoint value, that is to say has a value of more than 50 Hz, figs.4-5 and [0047]).
With respect to claim 5, Beekmann teaches wherein the method comprises: after it has been determined to initiate the recovery period, initiating the recovery period of the one or more wind turbine generators; and when or after the recovery period is or has been initiated, initiating the electric power consumption reduction period of the one or more Power-to-X units (The power consumption of the power-to-gas unit is thus only started up again when the grid frequency has recovered and therefore a relatively high grid stability is again provided, figs.4-5 and [0048]).
With respect to claim 6, Beekmann teaches wherein the method comprises: terminating the recovery period of the one or more wind turbine generators; and before terminating the recovery period, initiating the electric power consumption reduction period of the one or more Power-to-X units (The power consumption of the power-to-gas unit is thus only started up again when the grid frequency has recovered and therefore a relatively high grid stability is again provided, figs.4-5 and [0048]).
With respect to claim 7, Beekmann teaches wherein the method comprises: terminating the inertia emulation response period; and before terminating the inertia emulation response period, initiating the electric power consumption reduction period of the one or more Power-to-X units (the power distribution before and after undershooting of a predetermined underfrequency value, fig.4).
With respect to claim 8, Beekmann teaches wherein the method comprises: terminating the inertia emulation response period; and when or after the inertia emulation response period is or has been terminated, terminating the electric power consumption reduction period of the one or more Power-to-X units (PP-t-G increased from zero based on before and after overshooting of a predetermined frequency drop, fig.5).
With respect to claim 11, Beekmann teaches wherein the Power-to-X unit comprises a power-to-gas unit configured to convert electric power from the power plant to gas (power to gas 23, fig.2).
With respect to claim 12, Beekmann teaches wherein the Power-to-X unit is configured to convert electric power to X from one or more of the group of: a power source of the power plant; a power generator of the power plant; and the wind turbine generator (wind turbine, of the wind farm or of the solar arrangement, [0030]; wind turbine or the wind farm or the photovoltaic plant, [0041]).
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Beekmann (US-2015/0105923-A1) in view of Tarnowski et al. (US-2015/0381089-A1).
With respect to claim 9, Beekmann teaches wherein the electric power consumption reduction period comprises an initial period and a subsequent period subsequent to the initial period (initial period of PP-t-G is at 4MW and then subsequent period is at 0, fig.4; If the wind decreases slightly and a current power of just 1.2 MW is still then provided, the electrical consumption of the power-to-gas unit also decreases accordingly to 200 kW, and if the wind increases, such that the wind turbine or the wind farm generates 1.4 MW, the consumption of the power-to-gas unit thus rises accordingly to 400 kW, [0082]), and wherein the method comprises: during the initial period, reducing the electric power consumption of the one or more Power-to-X units to the lower level or zero (power consumption of PP-t-G decreases down to zero, fig.5).
Beekmann does not appear to teach to ‘gradually’ reducing the electric power consumption of the one or more Power-to-X units to the lower level or zero.
However, it is known by Tarnowski to teach of a power plant and energy storage system (Tarnowski: figs.4-5) including ‘gradually’ reducing the electric power consumption of the one or more Power-to-X units to the lower level or zero (Tarnowski: FIG. 7 shows a system event (e.g. Line Power Flow) where both inertial response and primary reserve is used. The upper Figure shows the injected power 701 as a function of time, with the Inertial response happening first, shown as the power increase 703, and flattening out to a primary reserve level 707, fig.7 and [0120]; as shown in fig.7, the primary reserve P0 gradually reduces down to a lower level).
Because Tarnowski’s teaching is also directed to the power plant and energy storage system (Tarnowski: figs.4-5; Beekmann: figs.1b-3), it would have been obvious to POSITA before the effective filing date to incorporate the teaching of ‘gradually’ reducing the electric power consumption of the one or more Power-to-X units to the lower level or zero as taught by Tarnowski with the the power plant and energy storage system as taught by Beekmann for the purpose to protect sensitive equipment, stabilize the local electrical grid, and optimize chemical conversion efficiency.
With respect to claim 10, Beekmann teaches wherein the electric power consumption reduction period comprises an initial period and a subsequent period subsequent to the initial period (initial period of PP-t-G is at 4MW and then subsequent period is at 0, fig.4; If the wind decreases slightly and a current power of just 1.2 MW is still then provided, the electrical consumption of the power-to-gas unit also decreases accordingly to 200 kW, and if the wind increases, such that the wind turbine or the wind farm generates 1.4 MW, the consumption of the power-to-gas unit thus rises accordingly to 400 kW, [0082]), and wherein the method comprises: during the subsequent period, increasing the electric power consumption of the one or more Power-to-X units from the lower level or zero (power consumption of PP-t-G increases from zero, fig.5).
Beekmann does not appear to teach to ‘gradually’ increase the electric power consumption of the power-to-x unit from the lower level or zero.
However, it is known by Tarnowski to teach of a power plant and energy storage system (Tarnowski: figs.4-5) including ‘gradually’ increase the electric power consumption of the power-to-x unit from the lower level or zero (Tarnowski: FIG. 7 shows a system event (e.g. Line Power Flow) where both inertial response and primary reserve is used. The upper Figure shows the injected power 701 as a function of time, with the Inertial response happening first, shown as the power increase 703, and flattening out to a primary reserve level 707, fig.7 and [0120]; as shown in fig.7, the primary reserve P0 gradually increases from zero).
Because Tarnowski’s teaching is also directed to the power plant and energy storage system (Tarnowski: figs.4-5; Beekmann: figs.1b-3), it would have been obvious to POSITA before the effective filing date to incorporate the teaching of ‘gradually’ increasing the power consumption of power-to-x unit as taught by Tarnowski with the the power plant and energy storage system as taught by Beekmann for the purpose to protect sensitive equipment, stabilize the local electrical grid, and optimize chemical conversion efficiency.
Conclusion
The additional prior arts made of record and have not been relied upon are considered pertinent to applicant's disclosure as follows: US-20180135597; US-12567747-B2; US-7199482-B2; US-5907192-A; US-9885257-B2; EP_0535382_A1; CN_105071422_A; and DE_102020005091_A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIEN (CINDY) D KHUU whose telephone number is (571)272-8585. The examiner can normally be reached on Monday-Friday 9am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ken Lo can be reached on 571-272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HIEN D KHUU/Primary Examiner, Art Unit 2116 September 4, 2026
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