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 .
Claims 1-20 are currently being examined.
Drawings
The drawings were received on 03/17/2026. These drawings are acceptable.
Specification
An amendment to the specification was received on 03/17/2026 and is acceptable.
Claim Objections
Claims 2, 7-8, 16-17 and 20 are objected to because of the following informalities:
Claims 2 and 7-8: in each claim, “the top turbine” should read as – the top turbine rotor --.
Claims 16 and 20, in each claim, “an electric grid” should read as – the [[an]] electric grid --.
Claim 17: in line 2, “the evaporator” should read as – an [[the]] evaporator --; in line 5, “the evaporator the bottoming” should have a comma after evaporator.
Claim 20: in line 2, “it” should read as – [[it]] the steam --.
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 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)(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.
Claim(s) 1 and 18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by McDeed 20230340896.
The following interpretation of McDeed is used as base for 102 rejection of claim 18 and subsequent 103 rejections of claims 2-8, 10-13 and 19-20:
Regarding independent claim 1, McDeed teaches an energy supply system (10A Fig. 1) comprising:
an electrolysis system (electrolyzer system 12, i.e., electrolysis system 12 Fig. 1) to perform electrolysis ([0008] describes electrolysis performed by electrolyzers) on a first source of water (38 Fig. 1), and break the water into hydrogen and oxygen components (as seen in Fig. 1 and described in [0008] and [0024], electrolyzer 20 of electrolysis system 12 breaks water into hydrogen H2 and oxygen O2 components), said hydrogen and oxygen components being supplied to a power generation system (16, 18 in Fig. 1; [0019] describes boiler 16 integrated with steam system 18; [0022]-[0023] describe 16 and 18 including generators);
said power generation system including a combustor (burner 250, i.e., combustor 250 in Figs. 1 and 5; [0025]) receiving the hydrogen and oxygen components (as shown in Figs. 1 and 5, 250 receives and combusts H2 and O2) and being operable to combust the hydrogen and oxygen components ([0041] describes steam can also mix with H2 and O2 within body 252 to influence the combustion process at flame ball 264);
said combustor also receiving steam (as shown in Fig. 5 and as described in [0033], 250 receives steam via line 90); and
products of combustion downstream of the combustor passing over a top turbine rotor (54 in Fig. 1; [0023] describes top turbine rotor 54 comprises first turbine 62, second turbine 64 and generator 66 and first turbine 62 and second turbine 64 can be connected via a shaft which is coupled to generator 66; as shown in Fig. 1 and described in [0026], boiler 16, which includes combustor 250, can provide combustion products to second turbine 64 of top turbine rotor 54 of steam system 18 at line 80), driving the top turbine rotor to rotate (as described in [0031] steam in line 80 can comprise a combination of combustion products and steam at low/intermediate pressure which can enter 64 of top turbine rotor 54, thereby contributing to rotational shaft output, i.e., products of combustion drive 64 to rotate which produces rotational shaft output), and a first generator (66 Fig. 1) for generating electricity from the rotation of the top turbine rotor (as described in [0031], rotation of 64 produces rotational shaft output that can be used to drive electrical generator 66, i.e., 66 generates electricity); and
wherein a controller ([0047] describes a controller) controls the electrolysis system and the power generation system ([0047] describes the controller controls energy supply system 10A which includes operation of boiler 16 and [0052] describes the controller for 10A coordinates release of water with operation of electrolyzer 20) and is programmed to (Fig. 6 shows steps of method 300 of operating power system 10A in Fig. 1 and as described in [0043] electrolyzer 20 can be operated to generate and store H2 and O2 while boiler 16 and steam system 18 are not operating, and boiler 16 and steam system 18 can be operated while electrolyzer 20 is not operating; [0047] and [0052] describe the controller performing steps in controlling operation of boiler 16 and electrolyzer 20 such that one of ordinary skill understands the controller is programmed to perform the described steps):
determine an amount of electricity generation by other electricity generating systems ([0047] describes release of hydrogen and oxygen from storage devices of steps 304 and 306 coordinated by the controller can be executed when conditions are un-favorable for renewable power generation sources, such as wind, solar and hydro, i.e., conditions that produce a reduced amount of electricity provided by other electricity generating systems, which requires determination of amount of electricity produced by other electricity generating systems),
determine the electricity needs of an electric grid (electrical power generated by electrical generator 66 during operation of boiler 16 is provided to a grid, i.e., an electrical grid, in step 310 as described in [0049], which requires determining electricity needed by the electrical grid), and
perform at least one of:
based on a determination that the amount of electricity generation exceeds the electricity needs of the grid, operate the electrolysis system and disengage the power generation system ([0027] describes electrolyzer 20 can be operated when renewable energy is available, i.e., when electricity generation by renewable energy exceeds needs of the grid, to provide H2 and O2 to storage devices 34 and 36; [0052] describes release of water from storage device 38 of step 314 can be coordinated with operation of electrolyzer 20 via controller such that appropriate valving can be automatically opened based on demand from electrolyzer 20 via the controller; [0043] electrolyzer 20 can be operated to generate and store H2 and O2 while boiler 16 and steam system 18 are not operating and [0047] describes valving for releasing hydrogen and oxygen to boiler 16 is controlled by the controller such that when valving is closed as determined by the controller, 16, 18 are not operating, i.e., are disengaged); or
based on a determination that the amount of electricity generation is less than the determined electricity needs of the grid, stop operation of the electrolysis system and run the power generation system ([0027] describes electrolyzer 20 can be operated when renewable energy is available to provide H2 and O2 to storage devices 34 and 36, respectively, for operation of boiler 16 when renewable energy is unavailable, i.e., operation of boiler 16 is performed and operation of electrolyzer 20 is stopped, when electricity produced by renewable energy sources is less than determined electricity needs of the grid; [0043] describes boiler 16 and steam system 18 can be operated while electrolyzer 20 is not operating and per [0047]-[0049] when the controller determines conditions are not favorable for renewable power generation, the controller controls valving that releases hydrogen and oxygen from 34 and 36 to be provided to boiler 16 for combustion which rotates turbine 64 to rotate generator 66 to generate electricity and the electricity is provided to the grid).
Regarding claim 18, McDeed further teaches power to drive the electrolysis system is provided from a source of electricity from a location outside the energy supply system (per [0027] electrolyzer 20 of electrolysis system 12 can receive electrical input 94, i.e., power, which can be provided by renewable power generation sources, such as hydroelectric facilities, solar panels, wind turbines and the like, i.e., sources of electricity from a location outside energy supply system 10A).
The following interpretation of McDeed is used as base for subsequent 103 rejections of claims 15-17 now that claim 17 depends from claim 16:
Regarding independent claim 1, McDeed teaches an energy supply system (10A Fig. 1) comprising:
an electrolysis system (electrolyzer system 12, i.e., electrolysis system 12 Fig. 1) to perform electrolysis ([0008] describes electrolysis performed by electrolyzers) on a first source of water (38 Fig. 1), and break the water into hydrogen and oxygen components (as seen in Fig. 1 and described in [0008] and [0024], electrolyzer 20 of electrolysis system 12 breaks water into hydrogen H2 and oxygen O2 components), said hydrogen and oxygen components being supplied to a power generation system (16, 18 in Fig. 1; [0019] describes boiler 16 integrated with steam system 18; [0022]-[0023] describe 16 and 18 including generators);
said power generation system including a combustor (burner 250, i.e., combustor 250 in Figs. 1 and 5; [0025]) receiving the hydrogen and oxygen components (as shown in Figs. 1 and 5, 250 receives and combusts H2 and O2) and being operable to combust the hydrogen and oxygen components ([0041] describes steam can also mix with H2 and O2 within body 252 to influence the combustion process at flame ball 264);
said combustor also receiving steam (as shown in Fig. 5 and as described in [0033], 250 receives steam via line 90); and
products of combustion downstream of the combustor passing over a top turbine rotor (64 in Fig. 1; [0023] describes turbine 64 and generator 66 with turbine 64 connected via a shaft which is coupled to generator 66; as shown in Fig. 1 and described in [0026], boiler 16, which includes combustor 250, can provide combustion products to top turbine rotor 64 of steam system 18 at line 80), driving the top turbine rotor to rotate (as described in [0031] steam in line 80 can comprise a combination of combustion products and steam at low/intermediate pressure which can enter top turbine rotor 64, thereby contributing to rotational shaft output, i.e., products of combustion drive 64 to rotate which produces rotational shaft output), and a first generator (66 Fig. 1) for generating electricity from the rotation of the top turbine rotor (as described in [0031], rotation of 64 produces rotational shaft output that can be used to drive electrical generator 66, i.e., 66 generates electricity); and
wherein a controller ([0047] describes a controller) controls the electrolysis system and the power generation system ([0047] describes the controller controls energy supply system 10A which includes operation of boiler 16 and [0052] describes the controller for 10A coordinates release of water with operation of electrolyzer 20) and is programmed to (Fig. 6 shows steps of method 300 of operating power system 10A in Fig. 1 and as described in [0043] electrolyzer 20 can be operated to generate and store H2 and O2 while boiler 16 and steam system 18 are not operating, and boiler 16 and steam system 18 can be operated while electrolyzer 20 is not operating; [0047] and [0052] describe the controller performing steps in controlling operation of boiler 16 and electrolyzer 20 such that one of ordinary skill understands the controller is programmed to perform the described steps):
determine an amount of electricity generation by other electricity generating systems ([0047] describes release of hydrogen and oxygen from storage devices of steps 304 and 306 coordinated by the controller can be executed when conditions are un-favorable for renewable power generation sources, such as wind, solar and hydro, i.e., conditions that produce a reduced amount of electricity provided by other electricity generating systems, which requires determination of amount of electricity produced by other electricity generating systems),
determine the electricity needs of an electric grid (electrical power generated by electrical generator 66 during operation of boiler 16 is provided to a grid, i.e., an electrical grid, in step 310 as described in [0049], which requires determining electricity needed by the electrical grid), and
perform at least one of:
based on a determination that the amount of electricity generation exceeds the electricity needs of the grid, operate the electrolysis system and disengage the power generation system ([0027] describes electrolyzer 20 can be operated when renewable energy is available, i.e., when electricity generation by renewable energy exceeds needs of the grid, to provide H2 and O2 to storage devices 34 and 36; [0052] describes release of water from storage device 38 of step 314 can be coordinated with operation of electrolyzer 20 via controller such that appropriate valving can be automatically opened based on demand from electrolyzer 20 via the controller; [0043] electrolyzer 20 can be operated to generate and store H2 and O2 while boiler 16 and steam system 18 are not operating and [0047] describes valving for releasing hydrogen and oxygen to boiler 16 is controlled by the controller such that when valving is closed as determined by the controller, 16, 18 are not operating, i.e., are disengaged); or
based on a determination that the amount of electricity generation is less than the determined electricity needs of the grid, stop operation of the electrolysis system and run the power generation system ([0027] describes electrolyzer 20 can be operated when renewable energy is available to provide H2 and O2 to storage devices 34 and 36, respectively, for operation of boiler 16 when renewable energy is unavailable, i.e., operation of boiler 16 is performed and operation of electrolyzer 20 is stopped, when electricity produced by renewable energy sources is less than determined electricity needs of the grid; [0043] describes boiler 16 and steam system 18 can be operated while electrolyzer 20 is not operating and per [0047]-[0049] when the controller determines conditions are not favorable for renewable power generation, the controller controls valving that releases hydrogen and oxygen from 34 and 36 to be provided to boiler 16 for combustion which rotates turbine 64 to rotate generator 66 to generate electricity and the electricity is provided to the grid).
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 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) 2-3, 6, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over McDeed 20230340896 in view of Dowdy et al. 5761896.
Regarding claim 2, McDeed teaches all that is claimed above but is silent regarding an evaporator is positioned to receive the products of combustion downstream of the turbine, and a second source of water also passing through said evaporator such that the products of combustion boil the water passing through the evaporator, and the water passing through the evaporator is supplied as the steam to the combustor.
Dowdy teaches an energy supply system (Fig. 4) combusting hydrogen (46 Fig. 4; col 8 lines 20-23) and oxygen (78 Fig. 4; col 8 lines 20-23) in a combustor (10 Fig. 4; col 8 lines 35-37).
An evaporator (35, 28 Fig. 4; col 5 lines 35-37) is positioned to receive products of combustion (as shown in Fig. 4, products of combustion 17 flow from combustor 10 to top turbine 19 which expands the products of combustion as expanded hot gas 18 to evaporators 35, 28) downstream of a top turbine (35, 28 are downstream of top turbine 19 in Fig. 4 with respect to direction of flow of products of combustion), and a source of water (feed water 82) also passing through said evaporator (per col 5 lines 30-43, expanded, but still relatively hot, gas 18 from top turbine 19 is directed to heat recovery steam generator HRSG 2 comprised of a duct that encloses a plurality of heat transfer surfaces--specifically, a low pressure economizer 27, a low pressure evaporator 28, a low pressure superheater 29, a two-section high pressure economizer 34' and 34", a high pressure evaporator 35, and a high pressure superheater 36; feed water 82 from the deaerator 5 is directed to the HRSG 2 by a two-stage feed pump 42; as the feedwater 82 flows over the heat transfer surfaces of the HRSG 2, the hot expanded gas 18 transfers heat to the feed water 82, thereby generating streams of high and low pressure superheated steam 60 and 62, respectively; per col 8 lines 51-53, a condenser 55 installed at the exhaust of the HRSG 2 can be utilized to condense the water vapor, which can be returned to the cycle as condensate 53),
such that the products of combustion boil the water passing through the evaporator (products of combustion 18 transfers heat to feed water 82 passing through evaporators 35, 28 to produce streams of steam, i.e., boils feed water 82, and the streams of steam are superheated in superheaters 36,29), and the water passing through the evaporator is supplied as steam to the combustor (per col 5 lines 52-61, a stream of high pressure superheated steam 60 and a stream of low pressure steam 62 is provided to a steam turbine 3 which expands the streams to produce power in a rotor shaft 39 that drives a second electrical generator 38, thereby producing additional electrical power; after being partially expanded, a portion 64 of the high pressure steam 60, which is now at an intermediate pressure, is extracted from steam turbine 3 and a first portion 66 of the extraction steam 64 is directed to the combustion section 10 for use in moderating combustion temperature).
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Modifying the invention of Fig. 1 of McDeed in view of Dowdy Fig. 4 has the HRSG 2, including evaporators 35, 28, along with additional features taught by Dowdy comprising steam turbine 3 driving additional generator 38 via shaft 39, condensers 4 and 55, deaerator 5, water pumps and the associated lines and structures for flowing water and steam all added downstream of turbine 64 of McDeed. Feed water 82 is the claimed second source of water.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of McDeed to have an evaporator positioned to receive the products of combustion downstream of the turbine, and a second source of water also passing through said evaporator such that the products of combustion boil the water passing through the evaporator, and the water passing through the evaporator is supplied as the steam to the combustor as taught by Dowdy to have additional steam beyond that required for combustion temperature moderation and cooling of the turbine produced in the HRSG and expanded in the additional steam turbine so as to generate additional shaft power to produce additional electricity with the additional generator (Dowdy col 5 lines 26-29, 52-56).
Regarding independent claim 3, McDeed teaches an energy supply system (10A Fig. 1) comprising:
an electrolysis system (electrolyzer system 12, i.e., electrolysis system 12 Fig. 1) to perform electrolysis ([0008] describes electrolysis performed by electrolyzers) on a first source of water (38 Fig. 1), and break the water into hydrogen and oxygen components (as seen in Fig. 1 and described in [0008] and [0024], electrolyzer 20 of electrolysis system 12 breaks water into hydrogen H2 and oxygen O2 components), said hydrogen and oxygen components being supplied to a power generation system (16, 18 in Fig. 1; [0019] describes boiler 16 integrated with steam system 18; [0022]-[0023] describe 16 and 18 including generators);
said power generation system including a combustor (burner 250, i.e., combustor 250 in Figs. 1 and 5; [0025]) receiving the hydrogen and oxygen components (as shown in Figs. 1 and 5, 250 receives and combusts H2 and O2) and being operable to combust the hydrogen and oxygen components ([0041] describes steam can also mix with H2 and O2 within body 252 to influence the combustion process at flame ball 264);
said combustor also receiving steam (as shown in Fig. 5 and as described in [0033], 250 receives steam via line 90); and
products of combustion downstream of the combustor passing over a top turbine rotor (54 in Fig. 1; [0023] describes top turbine rotor 54 comprises first turbine 62, second turbine 64 and generator 66 and first turbine 62 and second turbine 64 can be connected via a shaft which is coupled to generator 66; as shown in Fig. 1 and described in [0026], boiler 16, which includes combustor 250, can provide combustion products to second turbine 64 of top turbine rotor 54 of steam system 18 at line 80), driving the top turbine rotor to rotate (as described in [0031] steam in line 80 can comprise a combination of combustion products and steam at low/intermediate pressure which can enter 64 of top turbine rotor 54, thereby contributing to rotational shaft output, i.e., products of combustion drive 64 to rotate which produces rotational shaft output), and a first generator (66 Fig. 1) for generating electricity from the rotation of the top turbine rotor (as described in [0031], rotation of 64 produces rotational shaft output that can be used to drive electrical generator 66, i.e., 66 generates electricity).
McDeed is silent regarding an evaporator is positioned to receive the products of combustion downstream of the turbine, and a second source of water also passing through said evaporator such that the products of combustion boil the water passing through the evaporator, and the water passing through the evaporator is supplied as the steam to the combustor; a condenser is positioned to receive the products of combustion downstream of the evaporator, the products of combustion are condensed into liquid water by cooling the products of combustion with a cooling fluid, the liquid water supplied from the condenser passes to a pump for pressurization, and pressurized water is supplied to the evaporator as the second source of water.
Dowdy teaches an energy supply system (Fig. 4) combusting hydrogen (46 Fig. 4; col 8 lines 20-23) and oxygen (78 Fig. 4; col 8 lines 20-23) in a combustor (10 Fig. 4; col 8 lines 35-37) and teaches:
an evaporator (35, 28 Fig. 4; col 5 lines 35-37) is positioned to receive products of combustion (as shown in Fig. 4, products of combustion 17 flow from combustor 10 to top turbine 19 which expands the products of combustion as expanded hot gas 18 to evaporators 35, 28) downstream of a top turbine (35, 28 are downstream of top turbine 19 in Fig. 4 with respect to direction of flow of products of combustion), and a source of water (feed water 82) also passing through said evaporator (per col 5 lines 30-43, expanded, but still relatively hot, gas 18 from top turbine 19 is directed to heat recovery steam generator HRSG 2 comprised of a duct that encloses a plurality of heat transfer surfaces--specifically, a low pressure economizer 27, a low pressure evaporator 28, a low pressure superheater 29, a two-section high pressure economizer 34' and 34", a high pressure evaporator 35, and a high pressure superheater 36; feed water 82 from the deaerator 5 is directed to the HRSG 2 by a two-stage feed pump 42; as the feedwater 82 flows over the heat transfer surfaces of the HRSG 2, the hot expanded gas 18 transfers heat to the feed water 82, thereby generating streams of high and low pressure superheated steam 60 and 62, respectively; per col 8 lines 51-53, a condenser 55 installed at the exhaust of the HRSG 2 can be utilized to condense the water vapor, which can be returned to the cycle as condensate 53),
such that the products of combustion boil the water passing through the evaporator (products of combustion 18 transfers heat to feed water 82 passing through evaporators 35, 28 to produce streams of steam, i.e., boils feed water 82, and the streams of steam are superheated in superheaters 36,29), and the water passing through the evaporator is supplied as steam to the combustor (per col 5 lines 52-61, a stream of high pressure superheated steam 60 and a stream of low pressure steam 62 is provided to a steam turbine 3 which expands the streams to produce power in a rotor shaft 39 that drives a second electrical generator 38, thereby producing additional electrical power; after being partially expanded, a portion 64 of the high pressure steam 60, which is now at an intermediate pressure, is extracted from steam turbine 3 and a first portion 66 of the extraction steam 64 is directed to the combustion section 10 for use in moderating combustion temperature);
a condenser (55 Fig. 4 of Dowdy) is positioned to receive the products of combustion downstream of the evaporator (55 is positioned to receive products of combustion downstream of evaporators 35, 28 in Fig. 4 of Dowdy),
the products of combustion are condensed into liquid water (per col 8 lines 51-53 of Dowdy, condenser 55 condenses the water vapor of the products of combustion into condensate 53 which is liquid water),
the liquid water supplied from the condenser passes to a pump (42 Fig. 4; liquid water 53 from condenser 55 passes to pump 42 via deaerator 5 in Fig. 4) for pressurization (per col 5 lines 38-39 pump 42 directs liquid water to HRSG 2 which is via pressurizing the liquid water in order to have the liquid water feed into the HRSG 2), and
pressurized water is supplied to the evaporator as a second source of water (pressurized water from pump 42 is supplied to evaporators 35, 28 as second source of water 82).
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Modifying the invention of Fig. 1 of McDeed in view of Dowdy Fig. 4 has the HRSG 2, including evaporators 35, 28, along with additional features taught by Dowdy comprising steam turbine 3 driving additional generator 38 via shaft 39, condensers 4 and 55, deaerator 5, water pumps and the associated lines and structures for flowing water and steam all added downstream of turbine 64 of McDeed. Feed water 82 is the claimed second source of water.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of McDeed to have an evaporator positioned to receive the products of combustion downstream of the turbine, and a second source of water also passing through said evaporator such that the products of combustion boil the water passing through the evaporator, and the water passing through the evaporator is supplied as the steam to the combustor; a condenser is positioned to receive the products of combustion downstream of the evaporator, the products of combustion are condensed into liquid water, the liquid water supplied from the condenser passes to a pump for pressurization, and pressurized water is supplied to the evaporator as the second source of water as taught by Dowdy to have additional steam beyond that required for combustion temperature moderation and cooling of the turbine produced in the HRSG and expanded in the additional steam turbine so as to generate additional shaft power to produce additional electricity with the additional generator (Dowdy col 5 lines 26-29, 52-56).
Dowdy is silent regarding the products of combustion are condensed into liquid water by cooling the products of combustion with a cooling fluid in condenser 55, but Dowdy teaches a cooling water, i.e., a cooling fluid, flows through condenser 4 to cool and condense steam 70 per col 6 lines 1-3.
"[I]f a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill. . . . [A] court must ask whether the improvement is more than the predictable use of prior art elements according to their established functions." KSR at 1396.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of McDeed in view of Dowdy such that the products of combustion are condensed into liquid water by cooling the products of combustion with a cooling fluid as use of a known technique of using cooling water, i.e., a cooling fluid, flowing through a condenser as further taught by Dowdy and within the capabilities of a person of ordinary skill in the art to predictably cool and condense the products of combustion.
Regarding claim 6, McDeed in view of Dowdy teaches all that is claimed above in claim 3 but is silent as discussed so far regarding the liquid water recovered from the products of combustion at the condenser is also sent to the first source of water.
McDeed teaches with reference to Fig. 1, liquid water recovered from the products of combustion at condenser 56 is sent to the first source of water 38 (per [0026] water from condenser 56 at line 84A is provided via pump 58 to first source of water 38 at line 84B). System 10A can be configured to reuse water from the combustion process within boiler 16 to produce additional combustion inputs with electrolyzer 20 to reduce the water demand from electrolyzer 20 per [0032]. McDeed in view of Dowdy can be modified to have liquid water from condenser 55 shown in Fig. 4 of Dowdy also sent to first source of water 38.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify McDeed in view of Dowdy to have liquid water recovered from the products of combustion at the condenser to be also sent to the first source of water to reduce the water demand from the electrolysis system.
Regarding claim 19, McDeed teaches all that is claimed above in claim 1 and teaches water is separated from the products of combustion (condenser 56 condenses water, i.e., water is separated, from products of combustion in Fig. 1), but McDeed is silent regarding the separated water is returned to a second source of water.
Dowdy teaches an energy supply system (Fig. 4) combusting hydrogen (46 Fig. 4; col 8 lines 20-23) and oxygen (78 Fig. 4; col 8 lines 20-23) in a combustor (10 Fig. 4; col 8 lines 35-37).
An evaporator (35, 28 Fig. 4; col 5 lines 35- 37) is positioned to receive products of combustion (as shown in Fig. 4, products of combustion 17 flow from combustor 10 to top turbine 19 which expands the products of combustion as expanded hot gas 18 to evaporators 35, 28) downstream of a top turbine (35, 28 are downstream of top turbine 19 in Fig. 4 with respect to direction of flow of products of combustion), and a source of water (feed water 82) also passing through said evaporator (per col 5 lines 30-43, expanded, but still relatively hot, gas 18 from top turbine 19 is directed to heat recovery steam generator HRSG 2 comprised of a duct that encloses a plurality of heat transfer surfaces--specifically, a low pressure economizer 27, a low pressure evaporator 28, a low pressure superheater 29, a two-section high pressure economizer 34' and 34", a high pressure evaporator 35, and a high pressure superheater 36; feed water 82 from the deaerator 5 is directed to the HRSG 2 by a two-stage feed pump 42; as the feedwater 82 flows over the heat transfer surfaces of the HRSG 2, the hot expanded gas 18 transfers heat to the feed water 82, thereby generating streams of high and low pressure superheated steam 60 and 62, respectively; per col 8 lines 51-53, a condenser 55 installed at the exhaust of the HRSG 2 can be utilized to condense the water vapor, which can be returned to the cycle as condensate 53), and a condenser 55 installed at the exhaust of the HRSG 2 can be utilized to condense the water vapor, i.e., water is separated from the products of combustion, downstream of the HRSG 2, which can be returned to the cycle as condensate 53, i.e., the separated water is returned to feed water 82,
and the water passing through the evaporator 35 is supplied as superheated steam 60 to
a steam turboexpander 3 in Fig. 4 which extracts work from the steam (steam 60 is expanded via steam turboexpander 3 to produce power in a rotor shaft 39 that drives a second electrical generator 38, thereby producing additional electrical power per col 5 lines 52-56) before delivering it to the combustor (after being partially expanded, a portion 64 of the high pressure steam 60, which is now at an intermediate pressure, is extracted from the steam turboexpander 3 and a first portion 66 of the extraction steam 64 is directed to the combustor 10 for use in moderating combustion temperature per col 5 lines 56-61) and the steam turboexpander driving a second generator (38 Fig. 4).
Modifying the invention of Fig. 1 of McDeed in view of Dowdy Fig. 4 has the HRSG 2, including evaporators 35, 28, along with additional features taught by Dowdy comprising steam turboexpander 3 driving additional generator 38 via shaft 39, condensers 4 and 55, deaerator 5, water pumps and the associated lines and structures for flowing water and steam all added downstream of turbine 64 of McDeed. McDeed in view of Dowdy teaches separated water from condenser 55 is returned to a second source of water which is feed water 82, as claimed.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of McDeed to have the separated water returned to a second source of water and a steam turboexpander extracts work from the steam before delivering the steam to the combustor and the steam turboexpander driving a second generator as taught by Dowdy to have additional steam beyond that required for combustion temperature moderation and cooling of the turbine produced in the HRSG and expanded in the additional steam turboexpander so as to generate additional shaft power to produce additional electricity with the additional generator (Dowdy col 5 lines 26-29, 52-56).
Regarding claim 20, McDeed in view of Dowdy teaches all that is claimed above in claim 19 and teaches, as discussed above in claim 19, a steam turboexpander (steam turboexpander 3 in Fig. 4 of Dowdy) which extracts work from the steam (steam 60 is expanded via steam turboexpander 3 to produce power in a rotor shaft 39 that drives a second electrical generator 38, thereby producing additional electrical power per col 5 lines 52-56) before delivering it to the combustor (after being partially expanded, a portion 64 of the high pressure steam 60, which is now at an intermediate pressure, is extracted from the steam turboexpander 3 and a first portion 66 of the extraction steam 64 is directed to the combustor 10 for use in moderating combustion temperature per col 5 lines 56-61) and the steam turboexpander driving a second generator (38 Fig. 4).
McDeed further teaches electricity generated by the first generator is selectively supplied to an electric grid ([0047] describes a controller controls energy supply system 10A which includes operation of boiler 16 and [0052] describes the controller for 10A coordinates release of water with operation of electrolyzer 20; [0027] describes electrolyzer 20 can be operated when renewable energy is available to provide H2 and O2 to storage devices 34 and 36, respectively, for operation of boiler 16 when renewable energy is unavailable, i.e., operation of boiler 16 is performed when electricity produced by renewable energy sources is less than determined electricity needs of the grid, and per [0047]-[0049] when the controller determines conditions are not favorable for renewable power generation, the controller releases hydrogen and oxygen from 34 and 36 to be provided to boiler 16 for combustion which rotates turbine 64 to produce electricity with first generator 66 and the electricity is provided to the grid).
McDeed modified in view of Dowdy includes the second generator 38 which also supplies electricity when boiler 16 and steam system 18 of McDeed modified to include the HRSG 2 and steam turboexpander 3 of Dowdy are operating, such that it would be obvious to have the electricity generated by the second generator selectively supplied to the electric grid the same as when electricity generated by the first generator is selectively supplied to the electric grid when the controller determines conditions are not favorable for renewable power generation to generate the electricity.
Claim(s) 4-5 and 12-13, is/are rejected under 35 U.S.C. 103 as being unpatentable over McDeed 20230340896 in view of Dowdy et al. 5761896 as applied, respectively, to claim 3 and to claim 2 above, and further in view of Hosford 4825650.
Regarding claim 4, McDeed in view of Dowdy teaches all that is claimed above in claim 3 and teaches the products of combustion in the condenser (products of combustion flow through condenser 55 in Fig. 4 of Dowdy) but is silent regarding the products of combustion in the condenser is used to preheat the hydrogen and oxygen components being sent to the combustor.
Hosford teaches a hydrogen-oxygen hot gas generator system (Figs. 1-2; col 1 lines 5-7). The system includes a combustor 28 wherein a stoichiometric mixture of hydrogen and oxygen is burned (col 3 lines 8-9). Hydrogen and oxygen components are preheated before being delivered to the combustor (as shown in Fig. 1, products of combustion, in the form of steam 30, passes through a condenser 32 per col 3 lines 10-12; hydrogen supply 10 is connected through line 42 to condenser 32 whereby the hydrogen first enters the condenser where it is preheated by the products of combustion per col 3 lines 20-26, and oxygen from supply 12 passes through condenser 32, as at 52, and then to the integrated combustor/heat exchanger 28, as at 54 where the OX is also preheated in condenser 32 by the products of combustion; both the H2 and OX are preheated in condenser 32 prior to entering combustor 28).
"[I]f a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill. . . . [A] court must ask whether the improvement is more than the predictable use of prior art elements according to their established functions." KSR at 1396.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of McDeed in view of Dowdy to have the products of combustion in the condenser used to preheat the hydrogen and oxygen components being sent to the combustor as use of a known technique of using the products of combustion from combusting hydrogen and oxygen in a combustor flowing through a condenser to preheat hydrogen and oxygen components being sent to the combustor as taught by Hosford and within the capabilities of a person of ordinary skill in the art to predictably heat the hydrogen and oxygen components.
Regarding claim 5, McDeed in view of Dowdy and Hosford teaches all that is claimed above in claim 4 but is silent as discussed so far regarding the liquid water recovered from the products of combustion at the condenser is also sent to the first source of water.
McDeed teaches with reference to Fig. 1, liquid water recovered from the products of combustion at condenser 56 is sent to the first source of water 38 (per [0026] water from condenser 56 at line 84A is provided via pump 58 to first source of water 38 at line 84B). System 10A can be configured to reuse water from the combustion process within boiler 16 to produce additional combustion inputs with electrolyzer 20 to reduce the water demand from electrolyzer 20 per [0032]. McDeed in view of Dowdy and Hosford can be modified to have liquid water from condenser 55 shown in Fig. 4 of Dowdy also sent to first source of water 38.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify McDeed in view of Dowdy and Hosford to have liquid water recovered from the products of combustion at the condenser to be also sent to the first source of water to reduce the water demand from the electrolysis system.
Regarding claim 12, McDeed in view of Dowdy teaches all that is claimed above in claim 2 but is silent regarding the hydrogen and oxygen components are preheated before being delivered to the combustor.
Hosford teaches a hydrogen-oxygen hot gas generator system (Figs. 1-2; col 1 lines 5-7). The system includes a combustor 28 wherein a stoichiometric mixture of hydrogen and oxygen is burned (col 3 lines 8-9). Hydrogen and oxygen components are preheated before being delivered to the combustor (as shown in Fig. 1, products of combustion, in the form of steam 30, passes through a condenser 32 per col 3 lines 10-12; hydrogen supply 10 is connected through line 42 to condenser 32 whereby the hydrogen first enters the condenser where it is preheated by the products of combustion per col 3 lines 20-26, and oxygen from supply 12 passes through condenser 32, as at 52, and then to the integrated combustor/heat exchanger 28, as at 54 where the OX is also preheated in condenser 32 by the products of combustion; both the H2 and OX are preheated in condenser 32 prior to entering combustor 28). McDeed in view of Dowdy can be modified in view of Hosford to have the hydrogen and oxygen components preheated in condenser 55 of Fig. 4 of Dowdy through which products of combustion flow.
"[I]f a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill. . . . [A] court must ask whether the improvement is more than the predictable use of prior art elements according to their established functions." KSR at 1396.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of McDeed in view of Dowdy to have the hydrogen and oxygen components preheated in a condenser before being delivered to the combustor as use of a known technique of using the products of combustion from combusting hydrogen and oxygen in a combustor flowing through a condenser to preheat hydrogen and oxygen components being sent to the combustor as taught by Hosford and within the capabilities of a person of ordinary skill in the art to predictably preheat the hydrogen and oxygen components.
Regarding claim 13, McDeed in view of Dowdy and Hosford teaches all that is claimed above in claim 12 and teaches the products of combustion are used for the preheating the hydrogen and oxygen components (as discussed above in claim 12, each of the hydrogen and oxygen components are preheated by the products of combustion in the condenser as taught by Hosford).
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over McDeed 20230340896 in view of Dowdy et al. 5761896 as applied to claim 2 above, and further in view of Johnston 20130042626.
Regarding claim 7, McDeed in view of Dowdy teaches all that is claimed above in claim 2 and Dowdy further teaches steam from a second source of water is also injected into the turbine (in Fig. 4 of Dowdy, second source of water 82 is provided to HRSG 2 and after flowing through evaporator 35 and superheater 36, the second source of water 82 is provided to steam turbine 3 as superheated steam 60 and a portion 68 of extraction steam 64 from steam turbine 3 is directed to top turbine 19 for cooling components per col 5 lines 61-64), but Dowdy does not explicitly teach steam from the second source of water is also selectively injected into the turbine.
Johnston teaches an energy supply system which uses electrolysis to produce hydrogen and oxygen which are sent to a turbine to produce combustion products of steam which flow to a steam turbine in order to drive an electric generator (Fig. 2). Considerable piping and valves are needed to control the flow of the hydrogen, the flow of the oxygen, and the flow of steam through the turbine system per [0068].
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of McDeed in view of Dowdy to include valves to control the flow of steam through the energy supply system as taught by Johnston and by having valves on steam lines the energy supply system is capable of selectively injecting steam into the turbine as claimed.
Regarding claim 8, McDeed in view of Dowdy teaches all that is claimed above in claim 2 but is silent as discussed so far regarding water from a second source of water upstream of the evaporator is also selectively delivered into the products of combustion intermediate the combustor and the turbine.
Dowdy further teaches in Fig. 5, water from a second source of water (feed water 82) upstream of the evaporator (second source of water which is feed water 82 is upstream of evaporator 35 in Fig. 5 with respect to water flow direction and becomes steam via 35 which flows out of HRSG 2 in the form of superheated steam 60 to steam turbine 3); a second turbine 19’ is upstream of top turbine 19”; a portion 68' of the steam 64 extracted from the steam turbine 3 is delivered into the products of combustion intermediate the combustor 10’ and top turbine 19” (portion 68’ is delivered into second turbine 19’ which is fluidly connected to a second combustor 10” which delivers products of combustion including portion of steam 68’ into top turbine 19”).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of McDeed in view of Dowdy to have water from a second source of water upstream of the evaporator is also delivered into the products of combustion intermediate the combustor and the turbine as taught by Dowdy in Fig. 5 as an obvious design choice between the single stage combustion process of Fig. 4 and the two-stage combustion process of Fig. 5 of Dowdy.
McDeed in view of Dowdy does not explicitly teach water from the second source of water upstream of the evaporator is also selectively delivered into the products of combustion intermediate the combustor and the turbine.
Johnston teaches an energy supply system which uses electrolysis to produce hydrogen and oxygen which are sent to a turbine to produce combustion products of steam which flow to a steam turbine in order to drive an electric generator (Fig. 2). Considerable piping and valves are needed to control the flow of the hydrogen, the flow of the oxygen, and the flow of steam through the turbine system per [0068].
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of McDeed in view of Dowdy to include valves to control the flow of steam and water through the energy supply system as taught by Johnston and by having valves on steam lines the energy supply system is capable of selectively delivering water from the second source of water upstream of the evaporator as steam into the products of combustion intermediate the combustor and the turbine as claimed.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over McDeed 20230340896 in view of Hosford 4825650.
Regarding claim 10, McDeed teaches all that is claimed above in claim 1 but is silent regarding the hydrogen and oxygen components are cooled and stored in a liquid state before being supplied to the combustor.
Hosford teaches a hydrogen-oxygen hot gas generator system (col 1 lines 5-7). The system includes a combustor 28 wherein a stoichiometric mixture of hydrogen and oxygen is burned (col 3 lines 8-9). Hydrogen (H2 in Fig. 1) and oxygen (OX in Fig. 1) components are stored in a liquid state (col 2 lines 67-68 describe a liquid hydrogen supply 10 and a liquid oxygen supply 12 which are shown in Fig. 1) before being supplied to the combustor (combustor 28 in Fig. 1; H2 and OX in Fig. 1 are liquid before being supplied to 28). One of ordinary skill in the art understands that having hydrogen and oxygen stored in a liquid state requires each to be cooled since both are gaseous at room temperature. The hydrogen and oxygen are stored as liquids to minimize tankage weight and volume per col 2 lines 63-67.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of McDeed to have the hydrogen and oxygen components cooled and stored in a liquid state before being supplied to the combustor as taught by Hosford to minimize tankage weight and volume.
Regarding claim 11, McDeed in view of Hosford teaches all that is claimed above in claim 10, but is silent as discussed so far regarding the hydrogen and oxygen components are preheated before being delivered to the combustor.
Hosford further teaches the hydrogen and oxygen components are preheated before being delivered to the combustor (as shown in Fig. 1, liquid hydrogen supply 10 is connected through line 42 to condenser 32 whereby the hydrogen first enters the condenser where it is preheated by the products of combustion per col 3 lines 20-26, and liquid oxygen from supply 12 passes through condenser 32, as at 52, and then to the integrated combustor/heat exchanger 28, as at 54 where the liquid OX is also preheated in condenser 32 by the products of combustion; both the H2 and OX are preheated in condenser 32 prior to entering combustor 28).
"[I]f a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill. . . . [A] court must ask whether the improvement is more than the predictable use of prior art elements according to their established functions." KSR at 1396.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of McDeed in view of Dowdy to have the hydrogen and oxygen components preheated before being delivered to the combustor as use of a known technique of using the products of combustion from combusting hydrogen and oxygen in a combustor flowing through a condenser to preheat hydrogen and oxygen components being sent to the combustor as taught by Hosford and within the capabilities of a person of ordinary skill in the art to predictably preheat the hydrogen and oxygen components.
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over McDeed 20230340896 in view of Brostmeyer et al. 20160215694.
Regarding claim 15, McDeed teaches all that is claimed above in claim 1 and teaches a steam turboexpander (turbine 62, i.e., steam turboexpander in Fig. 1) extracts work from the steam (steam is provided to turbine 62 via line 88 and 62 expands the steam and extracts work from the steam for operating generator 66 per [0033]) before delivering the steam to the combustor (62 extracts work from the steam before delivering the steam to combustor 250 via line 90 per [0033]) but is silent regarding the steam turboexpander driving a second generator.
Brostmeyer teaches an industrial power generation system in Fig. 4 which includes steam 42 delivered to a high pressure turbine 36 which drives electric generator 35 and steam 43 delivered to low pressure turbine 37 which drives electric generator 38 (see [0041]).
Mere duplication of parts has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 (VI) (B). In this case, having a second generator driven by steam turboexpander 62, would produce the expected result of producing electricity. Accordingly, since the Applicant has submitted no persuasive evidence that the combination of the above elements is uniquely challenging or difficult for one of ordinary skill in the art, the claim is unpatentable as obvious under 35 U.S.C. 103(a) because it is no more than the predictable result of prior art elements according to their established functions resulting in the mere duplication of parts.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to merely add a second generator driven by the steam turboexpander, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. (In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)).
Regarding claim 16, McDeed in view of Brostmeyer teaches all that is claimed above in claim 15 and McDeed further teaches electricity generated by the first generator is selectively supplied to an electric grid (electricity from 66 is selectively supplied to the grid depending on conditions not favorable or favorable for renewable power generation: as discussed above in claim 1, boiler 16 is supplied with hydrogen and oxygen as controlled by the controller when conditions are not favorable for renewable power generation so that combustion products from combustor 250 in boiler 16 drive turbine 64 which drives generator 66 to supply electricity to the grid, but when conditions are favorable for renewable power generation, the boiler, turbine and generator are not operated and the electrolyzer is operated instead).
It would be obvious to one of ordinary skill in the art to have the electricity generated by the second generator selectively supplied to the electric grid the same as when electricity generated by the first generator is selectively supplied to the electric grid when the controller determines conditions are not favorable for renewable power generation.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over McDeed 20230340896 in view of Brostmeyer et al. 20160215694 as applied to claim 16 above, and further in view of Dowdy et al. 5761896.
Regarding claim 17, McDeed in view of Brostmeyer teaches all that is claimed above in claim 16 but is silent regarding a bottoming cycle is provided with a bottoming fluid passing through the evaporator to be heated, with the bottoming fluid downstream of the evaporator passing over a bottoming turbine, and the bottoming fluid downstream of the bottoming turbine passing through a condenser to be cooled, and the bottoming fluid downstream of the condenser returning to the evaporator the bottoming turbine driving a third generator.
Dowdy teaches an energy supply system (Fig. 4) combusting hydrogen (46 Fig. 4; col 8 lines 20-23) and oxygen (78 Fig. 4; col 8 lines 20-23) in a combustor (10 Fig. 4; col 8 lines 35-37) and a top turbine 19.
A bottoming cycle (in Fig. 4 of Dowdy, cycle of feed water from pump 42 through 27 to 28 to 29 to 62 to 3 to 4 to 5 and back to 42) is provided with a bottoming fluid (branch of feed water 82 from pump 42) passing through the evaporator (28 Fig. 4; col 5 lines 35-37) to be heated (bottoming fluid from 42 passes through evaporator 28 to be heated), with the bottoming fluid downstream of the evaporator passing over a bottoming turbine (bottoming fluid passes over bottoming turbine 3, which is downstream of evaporator 28 in Fig.4), and the bottoming fluid downstream of the bottoming turbine passing through the condenser (condenser 4 which is downstream of bottoming turbine 3 in Fig. 4) to be cooled (bottoming fluid is cooled in condenser 4), and the bottoming fluid downstream of the condenser returning to the evaporator (bottoming fluid downstream of condenser 4 returns to evaporator 28 via 5, 42 and 27 in Fig. 4) the bottoming turbine driving a generator (bottoming turbine 3 drives generator 38 in Fig. 4).
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Modifying the invention of Fig. 1 of McDeed in view of Brostmeyer in view of Dowdy Fig. 4 has the HRSG 2, including evaporators 35, 28, along with additional features taught by Dowdy comprising bottoming turbine 3 driving generator 38 via shaft 39, condensers 4 and 55, deaerator 5, water pumps and the associated lines and structures for flowing water and steam all added downstream of turbine 64 of McDeed. Generator 38 is the claimed third generator.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the invention of McDeed in view of Brostmeyer to have a bottoming cycle provided with a bottoming fluid passing through the evaporator to be heated, with the bottoming fluid downstream of the evaporator passing over a bottoming turbine, and the bottoming fluid downstream of the bottoming turbine passing through a condenser to be cooled, and the bottoming fluid downstream of the condenser returning to the evaporator the bottoming turbine driving a third generator as taught by Dowdy to have additional steam beyond that required for moderating combustion temperature and cooling of the top turbine produced in the HRSG and expanded in the bottoming turbine so as to generate additional shaft power to produce additional electricity with the third generator (Dowdy col 5 lines 26-29, 52-56).
Response to Arguments
Applicant's arguments filed 03/17/2026 have been fully considered but they are not persuasive. Applicant argues that McDeed does not anticipate the limitations of claim 9 which have been added to currently amended claim 1. Applicant argues McDeed only describes in paragraphs 47, 52, 27, 40, 48, and 49 that other source of energy will have times when energy may not be as readily available and does not disclose the specific steps of claim 9, but Applicant does not cite anything specific in those paragraphs or anything else in McDeed to support this argument.
McDeed discloses in [0006] that renewable power generation sources, such as solar, wind and tidal, can be used to generate power in place of carbon-emitting sources, but renewable power generation sources only produce power when conditions are favorable. McDeed also discloses in [0006] that recent systems have incorporated renewable power generation sources to generate clean fuels that can be stored for use when renewable power generation sources are unavailable; for example, electrolyzers can be powered by renewable power generation sources, which requires renewable power generation sources to be producing power, to produce hydrogen for a steam cycle where electrolyzers can convert water to hydrogen (H2) and oxygen (O2) and the hydrogen can be stored in storage tanks or other facilities for later use, such that use of such stored hydrogen within a combustor, instead of fossil fuels, provides time shifting of the renewable power.
McDeed discloses in Fig. 6 steps of method 300 of operating power system 10A in Fig. 1 and that electrolyzer 20 can be operated to generate and store H2 and O2 while boiler 16 and steam system 18 are not operating, and boiler 16 and steam system 18 can be operated while electrolyzer 20 is not operating as described in [0043]; and [0047] describes release of hydrogen and oxygen from storage devices of steps 304 and 306 can be coordinated with operation of boiler 16 via a controller and appropriate valving can be automatically opened based on demand from boiler 16 via the controller with steps 304 and 306 done when conditions are not favorable for power being generated by renewable sources which is when renewable sources are not producing enough power; release of water from storage device 38 of step 314 can be coordinated with operation of electrolyzer 20 which is at step 302 via the controller for system 10A and appropriate valving can be automatically opened based on demand from electrolyzer 20 via the controller as described in [0052]. Providing electrical power generated by electrical generator 66 during operation of boiler 16 to the grid in step 310 is described in [0049] and is also described in [0031]. Producing H2 and O2 with electrolyzer 20 in step 302 is executed when renewable power generation sources are producing power per [0044].
The controller clearly accomplishes steps in Fig. 6 to control operation of boiler 16, turbines 64, 62 and generator 66 and to control operation of electrolyzer 20 such that one of ordinary skill in the art understands the controller is programmed to accomplish the steps described. The controller of McDeed does not need further programming to accomplish the steps of claim 9 since McDeed discloses:
the controller controls the electrolysis system ([0052] describes steps of operating electrolyzer, i.e., electrolysis, system performed by controller in method of Fig. 6 and [0043]) and the power generation system ([0047]-[0049] describe steps of operating boiler, turbine and generator system, i.e., power generation system, performed by controller in method of Fig. 6 and [0043]) and is programmed to:
determine an amount of electricity generation by other electricity generating systems ([0047] describes release of hydrogen and oxygen from storage devices coordinated by the controller can be executed when conditions are un-favorable for renewable power generation sources, i.e., other electricity generating systems, such as wind, solar and hydro, i.e., conditions that produce a reduced amount of electricity provided by renewable energy generation sources, such that the controller determines what amount of electricity is being generated by the other electricity generating systems) versus what is needed by the grid, i.e., electric grid (the controller determines an amount needed by the grid when determining to operate the boiler and turbine to drive the generator to produce an amount of electricity sent to the grid per [0049]), and performs at least one of:
based on a determination that the amount of electricity generation exceeds the electricity needs of the grid, operate the electrolysis system and disengage the power generation system (the controller operates the electrolyzer by opening valving to release water to the electrolyzer based on demand when conditions are favorable for renewable energy sources to be producing electricity which supplies power to the electrolyzer and to the grid, i.e., needs of the grid are exceeded, and the controller does not operate the boiler, turbine and generator to produce electricity sent to the grid by the controller not opening valving supplying hydrogen and oxygen to the boiler per [0027], [0043], [0047], [0052]); or
based on a determination that the amount of electricity generation is less than the determined electricity needs of the grid, stop operation of the electrolysis system and run the power generation system (the controller does not operate the electrolysis system and does operate the power generation system when conditions are not favorable for renewable energy sources to be producing electricity for supplying power to the electrolyzer and the grid, i.e., less electricity is being produced which is less than needed to power the electrolyzer and the grid, and the controller opens valving to release hydrogen and oxygen to the boiler based on demand and in order to supply electricity from the generator to the grid per [0027], [0043], [0047]-[0049]).
The above cited paragraphs of McDeed show the controller is programmed to meet the limitations in currently amended claim 1 which includes limitations from claim 9.
Regarding currently amended claim 3 now in independent form including limitations previously in claims 1 and 2, Applicant argues against the 103 rejection of McDeed in view of Dowdy and states that the rejection points to element 55 of Dowdy meeting the condenser limitations and then points to heat exchanger 4 and col 6 lines 1-3 of Dowdy and then Applicant refers to heat exchanger 55.
However, elements 55 and 4 in Dowdy are both condensers per col 4 lines 16-21, col 6 lines 1-5, and col 8 lines 47-53, and the term “heat exchanger” appears nowhere in Dowdy, although condensers do require exchange of heat between fluids.
In the previous and current 103 rejection of claim 3, it is shown that Dowdy teaches the claimed condenser by condenser 55 in Fig. 4. Dowdy is silent regarding the products of combustion are condensed into liquid water by cooling the products of combustion with a cooling fluid in condenser 55, but Dowdy teaches a cooling water, i.e., a cooling fluid, flows through condenser 4 in Dowdy to cool and condense steam 70 per col 6 lines 1-3. It would clearly have been obvious to one of ordinary skill in the art to use a cooling fluid such as cooling water in condenser 55 to predictably cool and condense the products of combustion in condenser 55, since Dowdy teaches the technique of cooling water as a cooling fluid in condenser 4, and this modification is well within the capabilities of one of ordinary skill in the art. This is exactly the type of situation where KSR is properly applied as is cited in the 103 rejection: "[I]f a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill. . . . [A] court must ask whether the improvement is more than the predictable use of prior art elements according to their established functions." KSR at 1396.
This is not mere Examiner argument and is not conclusory. The 103 rejection of claim 3 over McDeed in view of Dowdy is proper.
Applicant does not argue the dependent claims.
Allowable Subject Matter
Claims 14 and 9 are allowed. Claim 14 had been amended to be in independent form including the allowable subject matter indicated in the Non-Final Rejection filed 02/02/2026 and claim 9 had been amended to depend from claim 14 such that claim 9 inherits the allowable subject matter of claim 14.
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 ALYSON JOAN HARRINGTON whose telephone number is (571)272-2359. The examiner can normally be reached M-F 9 am - 5 pm EST.
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/A.J.H./ /GERALD L SUNG/ Primary Examiner, Art Unit 3741 Examiner, Art Unit 3741
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