www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/953, 195
`
`11/19/2020
`
`TAKASHI OTO
`
`083710-3221
`
`7529
`
`m
`
`MW
`MWE-1
`500 North Capitol St, NW
`Washington, DC 20001
`
`umes
`
`CONTRERAS,CIEL P
`
`ART UNIT
`
`1794
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/02/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`ipdocketmwe @mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`16/953,195
`Examiner
`CIEL P Contreras
`
`Applicant(s)
`OoTO etal.
`Art Unit
`1794
`
`AIA (FITF) Status
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 11/19/20.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-28 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj} Claim(s)
`is/are allowed.
`Claim(s) 1-13 and 20-28 is/are rejected.
`Claim(s) 14-19 is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`S)
`“If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 11/19/20 is/are: a) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)[¥] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a) All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.4 Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 11/19/20,7/13/22.
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20231023
`
`

`

`Application/Control Number: 16/953,195
`Art Unit: 1794
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 102
`
`2.
`
`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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
`
`basis (i.e., changing from AIA to pre-AlA) 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.
`
`3.
`
`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 effectivefiling date of the claimed invention.
`
`4.
`
`Claims 1, 2, 3, 22, 23, 24 and 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
`
`US Patent Application Publication No. 2003/0196893 to McElroyetal. (McElroy).
`
`5.
`
`As to claim 1, McElroy teaches a hydrogen system comprising a water electrolysis cell (10b), an
`
`electrochemical hydrogen pump (10a) that increases a pressure of hydrogen containing gas produced by
`
`the water electrolysis apparatus (10b), a gas flow path (80) that supplies the hydrogen containing gas
`
`producedbythe water electrolysis apparatus (10b) to the electrochemical hydrogen pump (10a) and a
`
`first flow path (82) through whicha first heat medium thatis a liquid and has collected waste heat of the
`
`waterelectrolysis cell (10b) flows, wherein the electrochemical hydrogen pump (10a) is capable of
`
`

`

`Application/Control Number: 16/953,195
`Art Unit: 1794
`
`Page 3
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`performing heat exchangewiththe first heat medium having collected waste heat of the water
`
`electrolysis cell (10b) (Paragraphs 0050-0051; Figure3).
`
`6.
`
`As to claim 2, McElroy teaches the apparatus of claim 1. McElroy further teaches that thefirst
`
`flow path (82) is arranged in such a waythat the first heat medium perform heat exchange with each of
`
`the water electrolysis cell (10b) and the electrochemical pump (10a) and after the first het medium
`
`collects waste heat of the water electrolysis cell (10b) the first heat medium performs heat exchange
`
`with the electrochemical hydrogen pump (10a),i.e. the first heat medium exiting the electrolysis cell
`
`(10b) flow from the cell (10b) into the thermal conduction conduit (82) and exchanges heat within a
`
`heat exchanger (58) where heat is exchanged with a water feed line which is sent to the electrolysis cell
`
`(10b) and through a bleed line (78) to the pump to provide heat to both the electrolysis cell (10b) and
`
`the pump (10a), the heat exchangeralso exchanging heat with a thermal conduction conduit (81) in
`
`communication with the pump (10a) (Paragraphs 0050-0051; Figure 3).
`
`7.
`
`As to claim 3, McElroy teaches the apparatus of claim 1. McElroy further teaches that the first
`
`head medium in the first flow path (82)is liquid water for water electrolysis that was supplied to the
`
`waterelectrolysis apparatus (10b) (Paragraphs 0050-0051; Figure 3).
`
`8.
`
`As to claim 22, McElroy teaches the apparatus of claim 1. McElroy further teaches that the
`
`apparatus comprises a heat exchanger (58) at which heat exchangeis performed between the first heat
`
`medium (in flow path (82)) and a second heat medium thatis a liquid a second flow path (81) through
`
`which the second heat medium flows, wherein the second heat medium performs heat exchange with
`
`the electrochemical hydrogen pump (10a) after performing heat exchange at the heat exchanger (58)
`
`(Paragraphs 0050-0051; Figure 3).
`
`9.
`
`As to claim 23, McElroy teaches the apparatus of claim 22. The heat exchanger (58) can be
`
`considered a second thermal storage, in that the heat exchanger, at least temporarily stores the second
`
`heat medium.
`
`

`

`Application/Control Number: 16/953,195
`Art Unit: 1794
`
`Page 4
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`10.
`
`As to claim 24, McElroy teaches the apparatus of claim 23. McElroy further teaches that the
`
`heat exchanger (58) performs heat exchange between the first and second medium with a third medium
`
`in a third flow path (via conduit (56)) (Paragraphs 0050-0051; Figure 3). The heat exchanger(58) can
`
`thus be considered a third thermal storage, in that the heat exchanger, at least temporarily stores the
`
`third heat medium.
`
`11.
`
`As to claim 27, McElroy teaches the apparatus of claim 1. McElroy further teaches that the
`
`apparatus comprises a tank (86) that is provided on the gas flow path and stores the hydrogen
`
`containing gas (Paragraphs 0050-0051; Figure 3).
`
`12.
`
`Claims 1, 2, 4 and 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McElroy
`
`under a second interpretation.
`
`13.
`
`As to claim 1, McElroy teaches a hydrogen system comprising a water electrolysis cell (10b), an
`
`electrochemical hydrogen pump (10a) that increases a pressure of hydrogen containing gas produced by
`
`the water electrolysis apparatus (10b), a gas flow path (80) that supplies the hydrogen containing gas
`
`producedbythe water electrolysis apparatus (10b) to the electrochemical hydrogen pump (10a) and a
`
`first flow path (81) through whicha first heat medium thatis a liquid and has collected waste heat of the
`
`water electrolysis cell (10b) flows, the waste heat collected within a heat exchanger (58), wherein the
`
`electrochemical hydrogen pump (10a) is capable of performing heat exchangewith the first heat
`
`medium having collected waste heat of the water electrolysis cell (10b) (Paragraphs 0050-0051; Figure
`
`3).
`
`14.
`
`As to claim 2, McElroy teaches the apparatus of claim 1. McElroy further teaches that thefirst
`
`flow path (81) is arranged in such a waythatthe first heat medium perform heat exchange with each of
`
`the water electrolysis cell (10b) and the electrochemical pump (10a) and after the first heat medium
`
`collects waste heat of the water electrolysis cell (10b) the first heat medium performs heat exchange
`
`

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`Application/Control Number: 16/953,195
`Art Unit: 1794
`
`Page 5
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`with the electrochemical hydrogen pump (10a),i.e. the first heat medium flows through thermal
`
`conduction conduit (81) into a heat exchanger (58) where heat is exchanged with a stream (82) carrying
`
`waste heat from the electrolysis cell (10b) and then the first medium flow through thermal conduction
`
`conduit (81) to the pump (10a) (Paragraphs 0050-0051; Figure3).
`
`15.
`
`As to claim 4, McElroy teaches the apparatus of claim 1. McElroy further teachesthat thefirst
`
`heat medium is a coolant which cools the stream from the electrolysis cell (82) which is different from
`
`liquid water for water electrolysis supplied to the water electrolysis apparatus (Paragraphs 0050-0051;
`
`Figure 3).
`
`16.
`
`As to claim 27, McElroy teaches the apparatus of claim 1. McElroy further teaches that the
`
`apparatus comprises a tank (86) that is provided on the gas flow path and stores the hydrogen
`
`containing gas (Paragraphs 0050-0051; Figure 3).
`
`Claim Rejections - 35 USC § 103
`
`17.
`
`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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
`
`basis (i.e., changing from AIA to pre-AlA) 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.
`
`18.
`
`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.
`
`

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`Art Unit: 1794
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`Page 6
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`19.
`
`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 contentsofthe 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 presentin the application indicating obviousness or
`
`nonobviousness.
`
`20.
`
`This application currently names joint inventors. In considering patentability of the claims the
`
`examiner presumesthat the subject matter of the various claims was commonly ownedas 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 effectivefiling dates of each claim that
`
`was not commonly ownedas 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.
`
`21.
`
`Claims 14, 15, 16, 17, 21 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`McElroy, in the first interpretation, as applied to claims 1 and 22 above,and further in view of US Patent
`
`Application Publication No. 2020/0316522 to Rheaume (Rheaume).
`
`22.
`
`As to claim 21, McElroy teaches the apparatus of claim 1. McElroy teaches that the first heat
`
`medium is supplied to the first flow path; however,is silent as to specifically how. However, Rheaume
`
`also discusses the supply of fluid for heat exchangein electrolysis apparatus and teachesthat the fluid
`
`can be supplied through a speed controlled pump (Paragraph 0048). Therefore, it would have been
`
`obvious to one of ordinaryskill in the art at the time of filing to deliver the first heat medium to thefirst
`
`flow path utilizing a speed controlled pump,a first deliverer, with the expectation of effectively
`
`

`

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`Art Unit: 1794
`
`Page 7
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`delivering the fluid, thus a first deliverer capable of performing the functional language of “caused to
`
`start operation whenthe electrochemical hydrogen pump starts operation”.
`
`23.
`
`As to claim 25, McElroy teaches the apparatus of claim 1. McElroy teaches that the second heat
`
`medium is supplied to the second flow path; however,is silent as to specifically how. However,
`
`Rheaume also discusses the supply of fluid for heat exchangein electrolysis apparatus and teaches that
`
`the fluid can be supplied through a speed controlled pump (Paragraph 0048). Therefore, it would have
`
`been obvious to one of ordinary skill in the art at the time offiling to deliver the second heat medium to
`
`the second flow pathutilizing a speed controlled pump, a second deliverer, connected with a controller
`
`of some sort, with the expectation of effectively delivering the fluid, thus a second deliverer and
`
`controller capable of performing the functional language of “causes the second deliverer to start
`
`operation when the electrochemical hydrogen pump starts operation”.
`
`24.
`
`Claims 1, 2,3, 5,6, 8 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over US
`
`Patent Application Publication No. 2016/0122882 to Oomura et al. (Oomura) in view of McElroy.
`
`25.
`
`As to claim 1, Oomura teaches a hydrogen system comprising a water electrolysis apparatus
`
`comprising a water electrolysis cell (12), a gas flow path that supplies hydrogen containing gas produced
`
`by the water electrolysis apparatus to a hydrogen compression unit (15) andafirst flow path through
`
`whicha first heat medium thatis a liquid (raw water inlet) and has collected waste heat from
`
`electrolysis (through use as a cooling liquid in the cooling unit (13)) flows, wherein the hydrogen
`
`compression unit (15) performs heat exchange with the first heat medium having collected waste heat
`
`of the water electrolysis cell (Paragraphs 0019-0033; Figure 1).
`
`26.
`
`However, Oomurafails to teach that the hydrogen compression unit comprises an
`
`electrochemical hydrogen pump, Oomurafailing to give specific configuration details for the hydrogen
`
`compressor, instead focusing on capturing heat from the compression. However, McElroy also discusses
`
`

`

`Application/Control Number: 16/953,195
`Art Unit: 1794
`
`Page 8
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`the compression of electrolytically produced hydrogen and teachesthat an effective compression unit
`
`from which heat can be captured comprises an electrochemical hydrogen pump (Paragraphs 0003 and
`
`0050-0052). Therefore, it would have been obvious to one of ordinary skill in the art at the time offiling
`
`to utilize an electrochemical hydrogen pump for the compression unit of Oomura with the reasonable
`
`expectation of effectively compressing the hydrogen and capturing the heat therefrom.
`
`27.
`
`As to claim 2, the combination of Oomura and McElroy teaches the apparatus of claim 1.
`
`Oomura further teachesthat the first flow path (raw water flow path) is arranged in such a way that the
`
`first heat medium, the raw water, performs heat exchange with the water electrolysis cell and the
`
`electrochemical hydrogen pump and after the first head medium collects waste heat of the water
`
`electrolysis cell the first heat medium performs heat exchange with the electrochemical hydrogen
`
`pump,i.e. the raw water is utilized to cool the hydrogen stream exiting the electrolysis cell, thus
`
`collecting waste heat of electrolysis ad then is sent to the steam generator for heat exchange with the
`
`electrochemical hydrogen pump of the combination (Paragraphs 0019-0033; Figure 1).
`
`28.
`
`As to claim 3, the combination of Qomura and McElroy teaches the apparatus of claim 1. As
`
`discussed above, the first heat medium is liquid water for water electrolysis supplied to the water
`
`electrolysis apparatus.
`
`29.
`
`As to claim 5, the combination of Oomura and McElroy teaches the apparatus of claim 1.
`
`Oomurafurther teaches that the apparatus comprises a gas-liquid separator (14) provided on the gas
`
`flow path, wherein the first head medium comprises liquid water separated from the hydrogen-
`
`containing gas by the gas liquid separator (14), the gas liquid separator sending this separated water,
`
`along with the raw water, to the cooling apparatus and then to the steam generator (11) the stream
`
`generator can be considered a reservoir in which the liquid water in the gas-liquid separator collects
`
`(Paragraphs 0019-0033; Figure 1).
`
`

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`Application/Control Number: 16/953,195
`Art Unit: 1794
`
`Page 9
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`30.
`
`As to claim 6, the combination of Oomura and McElroy teaches the apparatus of claim 1.
`
`Oomurafurther teaches that the apparatus comprises a cooler (13) that cools the first heat medium
`
`(water sent through the electrolysis cell) having collected waste heat of the water electrolysis cell before
`
`the first heat medium performs heat exchange with the electrochemical pump,i.e. the water in the form
`
`of steams leavesthe cell, is cooled with fresh raw water, is separated from the hydrogen,utilized again
`
`in the cooling operation and then joined with the raw water which is sent to the stream generator for
`
`heat exchangewith the electrochemical pump of the combination (Paragraphs 0019-0033; Figure 1).
`
`31.
`
`As to claim 8, the combination of Oomura and McElroy teaches the apparatus of claim 1.
`
`Oomurafurther teaches that the apparatus comprises a cooler (13) that cools the hydrogen containing
`
`gas flowing through the gas flow path upstream from the gas-liquid separator (14) (Paragraphs 0019-
`
`0033; Figure 1).
`
`32.
`
`As to claim 22, the combination of Oomura and McElroy teaches the apparatus of claim 1.
`
`Oomurafurther teaches that the apparatus comprises a heat exchanger, heat pump (17), performing
`
`heat exchange between the first heat medium, the process water and a second heat medium, a
`
`refrigerant, that flow through a second flow path which performs heat exchange with the hydrogen
`
`pump (Paragraphs 0044-0048; Figure 2).
`
`33.
`
`Claims 7, 9, 10, 11, 12, 13, 20 and 26 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over the combination of Oomura and McElroy as applied to claims 1, 5, 6, 8 and 22 above,and further in
`
`view of Rheaume.
`
`34.
`
`As to claim 7, the combination of Oomura and McElroy teaches the apparatus of claim 6.
`
`However, Oomurafails to further teach that the apparatus comprises a controller that causes thefirst
`
`cooler to increase a degree of cooling. However, Rheaume also discusses heat exchangein electrolysis
`
`apparatus and teachesthat specific temperature requirements can be met by providing a controller that
`
`

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`Art Unit: 1794
`
`Page 10
`
`controls the degree of heat exchange based on temperature sensors provided to componentsof the
`
`system (Paragraph 0048). Therefore, it would have been obvious to one of ordinaryskill in the art at
`
`the time offiling to provide temperature sensors to the componentsof the system, including the
`
`electrochemical hydrogen pump, and connecting them with a controller to allow for increasing or
`
`decreasing the degree of heat exchangein the cooler based on the temperature sensors provided to
`
`system componentsincluding the electrochemical hydrogen pump in order to allow for the apparatus to
`
`meet specific temperature requirements as taught by Rheaume. Thus rendering obvious a controller
`
`performing the functional language of “that causesthe first cooler to increase a degree of cooling when
`
`a temperature of an electrochemical cell included in the electrochemical hydrogen pump increases”.
`
`35.
`
`As to claim 9, the combination of Oomura and McElroy teaches the apparatus of claim 8.
`
`However, Oomurafails to further teach that the apparatus comprises a controller that causesthefirst
`
`cooler to increase a degree of cooling. However, Rheaume also discusses heat exchangein electrolysis
`
`apparatus and teachesthat specific temperature requirements can be metby providing a controller that
`
`controls the degree of heat exchange based on temperature sensors provided to componentsof the
`
`system (Paragraph 0048). Therefore, it would have been obvious to one of ordinaryskill in the art at
`
`the time offiling to provide temperature sensors to the componentsof the system, including the
`
`electrochemical hydrogen pump, and connecting them with a controller to allow for increasing or
`
`decreasing the degree of heat exchangein the cooler based on the temperature sensors provided to
`
`system componentsincluding the electrochemical hydrogen pump in order to allow for the apparatus to
`
`meet specific temperature requirements as taught by Rheaume. Thus rendering obvious a controller
`
`performing the functional language of “that causesthe first cooler to increase a degree of cooling when
`
`a temperature of an electrochemical cell included in the electrochemical hydrogen pump increases”.
`
`36.
`
`As to claim 10, the combination of Oomura and McElroy teaches the apparatus of claim 1.
`
`Oomurafurther teaches that the apparatus comprises a cooler (13) that cools the first heat medium
`
`

`

`Application/Control Number: 16/953,195
`Art Unit: 1794
`
`Page 11
`
`(water sent through the electrolysis cell) having collected waste heat of the water electrolysis cell before
`
`the first heat medium performs heat exchange with the electrochemical pump,i.e. the water in the form
`
`of steams leavesthe cell, is cooled with fresh raw water, is separated from the hydrogen,utilized again
`
`in the cooling operation and then joined with the raw water which is sent to the stream generator for
`
`heat exchangewith the electrochemical pump of the combination (Paragraphs 0019-0033; Figure 1).
`
`However, Oomurafails to teach that the apparatus further comprises a branch path from the first flow
`
`path wherein the cooleris located. However, Rheaume also discusses heat exchangein fluid streams in
`
`electrolysis apparatus and teachesthat specific temperature requirements can be met by providing the
`
`heat exchangeto only a portion of the fluid stream and bypassing the other portion of the stream
`
`wherein the amountof the stream passing to the heat exchange portion is controlled with control valves
`
`(Paragraph 0048). Therefore it would have been obvious to one of ordinaryskill in the art at the time of
`
`filing to modify the apparatus of the combination with a first branch path that branchesoff from the
`
`first flow path, passes throughthe first cooler, and mergesinto the first flow path and a first flow rate
`
`controller that controls a flow rate of the first heat medium flowing into the first branch path in order to
`
`allow for the apparatus to controllably meet specific temperature requirements as taught by Rheaume.
`
`37.
`
`As to claim 11, the combination of Oomura, McElroy and Rheaume teachesthe apparatus of
`
`claim 10. Rheaume further teaches that the control of the control valves operates based ona
`
`temperature sensed throughout componentsof the system (Paragraph 0048). Thus rendering obvious
`
`an apparatus with a controller and temperature sensor on the system components, including the
`
`electrochemical hydrogen pump and thus an apparatus with a controller capable of performing the
`
`functional language of “when a temperature of an electrochemical cell included in the electrochemical
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`hydrogen pump increases, causesthefirst flow-rate controller to increase the flow rate of the first heat
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`medium flowing into the first branch path”.
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`

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`Application/Control Number: 16/953,195
`Art Unit: 1794
`
`Page 12
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`38.
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`As to claim 12, the combination of Oomura and McElroy teaches the apparatus of claim 5.
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`Oomurafurther teaches that the apparatus comprises a cooler (13) that cools the hydrogen containing
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`gas upstream of the gas liquid separator (14) (Paragraphs 0019-0033; Figure 1). However, Oomurafails
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`to teach that the apparatus further comprises a branch path from the gas flow path wherein the cooler
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`is located. However, Rheaume also discusses heat exchangein fluid streams in electrolysis apparatus
`
`and teaches that specific temperature requirements can be met by providing the heat exchange to only
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`a portion of the fluid stream and bypassing the other portion of the stream wherein the amount of the
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`stream passing to the heat exchangeportion is controlled with control valves (Paragraph 0048).
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`Therefore it would have been obvious to one of ordinary skill in the art at the time offiling to modify the
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`apparatus of the combination with a branch path that branchesoff from the gas flow path upstream of
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`the gas liquid separator and mergesinto the gas flow path downstream of a position wherein the gas
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`branch path branchesoff and upstream of the gas-liquid separator wherein the cooler is formed in this
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`gas branch path, and a flow rate controller that controls a flow rate of the gas flowing into thefirst
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`branch path in orderto allow for the apparatus to controllably meet specific temperature requirements
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`as taught by Rheaume.
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`39.
`
`As to claim 13, the combination of Oomura, McElroy and Rheaume teachesthe apparatus of
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`claim 12. Rheaume further teaches that the control of the control valves operates based on a
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`temperature sensed throughout componentsof the system (Paragraph 0048). Thus rendering obvious
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`an apparatus with a controller and temperature sensor on the system components, including the
`
`electrochemical hydrogen pump and thus an apparatus with a controller capable of performing the
`
`functional language of “when a temperature of an electrochemical cell included in the electrochemical
`
`hydrogen pump increases, causes the gas flow-rate controller to increase the flow rate of the hydrogen-
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`containing gas flowing into the gas branch path.
`
`

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`Application/Control Number: 16/953,195
`Art Unit: 1794
`
`Page 13
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`40.
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`As to claim 20, the combination of Oomura and McElroy teaches the apparatus of claim 6. The
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`first cooler can be considered a first thermal storage that, at least temporarily, stores heat collected
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`from the first heat medium.
`
`41.
`
`As to claim 26, the combination of Oomura and McElroy teaches the apparatus of claim 22.
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`However, Oomurafails to teach that the apparatus further comprises a bypass flow path that bypasses
`
`the heat exchanger and through whichthe first heat medium flows. However, Rheaume also discusses
`
`heat exchangein fluid streams in electrolysis apparatus and teachesthat specific temperature
`
`requirements can be metby providing the heat exchangeto only a portion of the fluid stream and
`
`bypassing the other portion of the stream wherein the amountof the stream passing to the heat
`
`exchangeportion is controlled with control valves (Paragraph 0048). Therefore it would have been
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`obvious to one of ordinaryskill in the art at the time offiling to modify the apparatus of the combination
`
`with a bypass flow path that bypasses the heat exchanger and through whichthe first head medium
`
`flows and a flow rate controller that controls a flow rate of the first heat medium flowing through the
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`bypassflow pathin order to allow for the apparatus to controllably meet specific temperature
`
`requirements as taught by Rheaume.
`
`42.
`
`Rheaume further teachesthat the control of the control valves operates based ona
`
`temperature sensed throughout componentsof the system (Paragraph 0048). Thus rendering obvious
`
`an apparatus with a controller and temperature sensor on the system components, including the
`
`electrochemical hydrogen pump and thus an apparatus with a controller capable of performing the
`
`functional language of “when a temperatureof an electrochemical cell included in the electrochemical
`
`hydrogen pump increase, cause the second flow-rate controller to increase the flow rate of the first heat
`
`medium flowing through the bypass flow path”.
`
`

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`Application/Control Number: 16/953,195
`Art Unit: 1794
`
`Page 14
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`43.
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`Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over McElroy as applied to claim
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`1 above, and furtherin view of US Patent Application Publication No. 2014/0102911 to Kurashina etal.
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`(Kurashina).
`
`44.
`
`As to claim 28, McElroy teaches the apparatus of claim 1. McElroy further teaches that the
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`hydrogen is stored (86) downstream of the electrochemical hydrogen pump (10a) butfails to teach a
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`specific use for the stored hydrogen (Paragraph 0051; Figure 3). However, Kurashina also discusses the
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`use of hydrogen stored after production in and electrolysis cell and teaches that an appropriate usageis
`
`in a fuel cell (Paragraph 0034). Therefore, it would have been obvious to one of ordinaryskill in the art
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`at the time offiling to utilize the stored hydrogen downstream of the electrochemical hydrogen pump in
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`a fuel cell as taught by Kurashina.
`
`Allowable Subject Matter
`
`45.
`
`Claims 14-19 are objected to as being dependent upon a rejected base claim, but would be
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`allowable if rewritten in independent form includingall of the limitations of the base claim and any
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`intervening claims.
`
`46.
`
`The following is a statement of reasons for the indication of allowable subject matter: The
`
`primary reason for the indication of allowable subject matter is the inclusion of a flow rate controlled
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`back flow path branching from the first flow path back to the cell. The prior art first flow paths already
`
`return entirely to the electrolysis cell and as such there is no motivation to include a separate branch
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`path for this feature.
`
`

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`Application/Control Number: 16/953,195
`Art Unit: 1794
`
`Page 15
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`Conclusion
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`47.
`
`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to CIEL P Contreras whose telephone number is (571)270-7946. The examiner can
`
`normally be reached M-F 9 AM to 4 PM.
`
`Examiner interviewsare available via telephone, in-person, and video conferencing using a
`
`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request(AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempt