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 .
Drawings
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Figure 1 contains all of the components of Alpcon A/S (WO 2014/161551 A1). The drawing description in the specification and corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). Figures 1-3 are not properly labeled, the numbering (Fig.1…) should be parallel to the drawing, as well as the numbering of the elements, currently some are perpendicular, additionally the additional text should be eliminated or properly rotated, as well as properly spelt, “cabine” most likely should be cabin.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “clamp”, “relay”, and “fuel inlet” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Response to Arguments
Applicant's arguments filed 6/13/2024 have been fully considered but they are not persuasive.
Regarding the labeling of Figure 1 as prior art, please refer to the applicant’s Figure 1 and the prior art, both figures presented below:
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The Applicant has argued that the two are not identical because the applicant has labeled (3) as a combustion air inlet which the prior art did not disclose; the Office counters that it is inherent that there is a combustion air inlet, i.e., the inlet to the blower, but it is not labeled as disclosed (Pg. 14, L26-29): Most of the air entering the air inlet 2 is blown towards the first heat exchanger 5 by a main air fan 9. The main air fan and the burner air blower may be mechanically independent as well as undependably powered.
The Applicant has argued that the controller of Kamping does not disclose the limitation that the controller monitors the electrical power generated by the at least one thermoelectric module and regulates a current draw from the at least one thermoelectric module to a level within a preset range of current draw corresponding to a preset range of thermal conductivity of the at least one thermoelectrical module by distribution of the generated electrical power into selected electrical power consumers arranged with the PHS. Emphasis added. The Office respectfully disagrees because of the disclosure of [0030-0031]:
[0030] FIG. 2 shows an embodiment of a thermoelectric generator system according to an embodiment of the invention. The thermoelectric generator system comprises a control unit 202. The control unit 202 is adapted for regulating the current flow through a thermoelectric element 204. The thermoelectric element 204 has a heat receiving surface 212 and a cooled surface 214. The heat receiving surface 212 is in contact with a heat conducting element 206. The heat conducting element 206 is also in contact with a heater 208. The cooled surface 214 is in contact with a cooler 210. There is a heat flow indicated by the arrow labeled 216 from the heater 208 through the heat conducting element 206 and the thermoelectric element 204 to the cooler 210, such as a component which is exposed to a draft of cooling air generated by a fan. Also shown is a temperature sensor 218 that is in contact with the heat receiving surface 212 of the thermoelectric element 204. There is an electrical connection 222 between the thermoelectric element 204 and the control unit 202. Also shown in this figure is output terminal 234 on electrical connection 222. The output impedance of the thermoelectric element 204 may be the output impedance across output terminal 234. Shown in this embodiment is a processor 226. The processor may be a computer, an embedded system, a microcontroller, or any processor adapted for executing machine readable instructions. There is also a memory 228 adapted for storing computer memory and the contents of the memory are readable by the processor 226. In the memory 228 is a computer program 230 which comprises machine readable instructions. When the program 230 is executed by the processor 228 of the control unit 202 performs an embodiment of a method according to the invention. Shown is an electrical load 232 which is connected to the control unit 202.
[0031] Depending upon the electrical power which is delivered to the load 232, the control unit 202 regulates the current generated by the thermoelectric element 204. The computer program 230 may have algorithms for adaptively adjusting the current flow through the thermoelectric element 204 using a feedback system. Alternatively, a computer program 230 may also contain a lookup table for operating the thermoelectric generator system. The control unit 202 does not need to be controlled by a processor 226. Alternatively, an analog circuit can be constructed which can be used to regulate the current through the thermoelectric element 204.
The emphasized type discloses that the current is regulated by factors and parameters that can be dynamic or static. A lookup table would contain static factors which would help to ensure the device did not fail and so if not specifically mentioned one of ordinary skill in the art would include factors such as thermal conductivity in the control of a heating device.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-16,19-20, and 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Chou et al. (US 4,942,863) and Kamping (US 2012/0305045).
Regarding claim 1, Chou discloses a portable heating system (PHS), comprising: an air inlet (28, Figures 1-4); a combustion chamber (42) for combustion of fuel; a burner connected to the air inlet, the burner comprising a fuel inlet for introducing fuel to the burner; (C3,L21-30) a combustion blower (68 opposite 66) for blowing air from the air inlet into the combustion chamber thereby allowing for production of heat by combustion of the fuel; an outlet (45) for releasing exhaust from the combustion chamber; a heat exchanger (34), interfacing the combustion chamber and exchanging heat with a heat transporting media (air via fan 66), the heat exchanger comprising: a first side (96), arranged in such a way as to absorb heat from the combustion chamber; a second side (88) for releasing heat into the heat transporting media (C4,L20-41); at least one thermoelectric module (84, Figure 4) arranged between the first side and second side of the heat exchanger for producing electrical power; a rechargeable battery (106) for absorbing the electrical power generated by the at least one thermoelectrical module; a controller (104,C5,L46-64).
Chou does not disclose that the controller monitors the electrical power generated by the at least one thermoelectric module and regulates a current draw from the at least one thermoelectric module to a level within a preset range of current draw corresponding to a preset range of thermal conductivity of the at least one thermoelectrical module by distribution of the generated electrical power into selected electrical power consumers arranged with the PHS.
However, Kamping discloses a thermo-electric generator system (Abstract) wherein the controller (202, Figure 1) monitors the electrical power generated by the at least one thermoelectric module and regulates a current draw from the at least one thermoelectric module to a level within a preset range of current draw corresponding to a preset range of thermal conductivity of the at least one thermoelectrical module by distribution of the generated electrical power into selected electrical power consumers arranged with the PHS.( Figure 2, [0030-0031])
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to regulate the current draw of the TEC in order to prevent overheating of the device.
Regarding claim 2, Chou, as modified, discloses the PHS according to claim 1, wherein the controller (202) is adapted as to monitor the charging of a battery (232, i.e., load) to be supplied with electrical power from the at least one thermoelectric module (204) and to switch off the charging when a threshold voltage level on the battery defining a state of full charge has been reached and subsequently connect the thermoelectric module with one or more of the electrical power consumers that consume at least an amount of electrical power that provides increased thermal conductivity of the at least one thermoelectrical module ([0029,0035,0036]).
Regarding claim 25, Chou, as modified, discloses the PHS according to claim 1, wherein the controller (Chou-74, C4, L16-19) is adapted to regulate a fuel pump, a combustion blower and a heat transporting media pump (Chou- 66, i.e., fan) to provide an efficient link for transferring heat from the combustion of fuel to the heat transporting media by utilization of the thermoelectrical elements (Chou-Figure 4).
Regarding claim 26, Chou, as modified, discloses the PHS according to claim 1, wherein the thermoelectric modules (Chou-34) may be any of thermoelectric p- and n-type semiconductor legs (Chou-C4, L42-47), slices, elements or discs of any shape, or modules with integrated p- and n-type semiconductor legs.
Claims 3-4 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Chou et al. (US 4,942,863), Kamping (US 2012/0305045), and Kim et al. (US 2014/0203736).
Regarding claim 3, Chou, as modified, discloses the PHS according to claim 1, wherein the controller (Chou-104) is adapted as to monitor the charging of a battery connected to be supplied with electrical power from the at least one thermoelectric module (Chou-C5,L47-52) but does not provide a pulse width modulated (PWM) signal for distribution of electrical power generated by the at least one thermoelectric module and provide electrical power to the battery during a first period of the PWM signal and to provide electrical power to an electrical power consumer during a second period of the PWM signal and where a PWM ratio of the PWM signal is adjusted in response to the monitored charging level of the battery to absorb in total at least an amount of electrical power that provides an increased thermal conductivity of the at least one thermoelectrical module.
However, Kim discloses a rechargeable battery pack (Abstract) wherein the controller (MCU) is adapted as to monitor the charging of a battery connected to be supplied with electrical power from the at least one thermoelectric module and to provide a pulse width modulated (PWM) signal for distribution of electrical power generated by the at least one thermoelectric module and provide electrical power to the battery during a first period of the PWM signal and to provide electrical power to an electrical power consumer during a second period of the PWM signal and where a PWM ratio of the PWM signal is adjusted in response to the monitored charging level of the battery to absorb in total at least an amount of electrical power that provides an increased thermal conductivity of the at least one thermoelectrical module ([0062]). As a clarification, the MCU adjusts PWM duty ratio to balance the average power to each motor, which would analogous to balancing the power to between the charger and an electrical power consumer (motor).
It would have been obvious to one of 98988888888888888888888888886ordinary skill in the art prior to the effective filing date of this application to utilize PWM controller to operator the motors and battery charger due to their ease of operation.
Regarding claim 4, Chou, as modified, discloses the PHS according to claim 3, wherein a pulse-pause length of the PWM signal is configured to be in a range of 1 microsecond to 10 minutes ([0052]). As a clarification, Kim does not disclose that exact range, but since Kim also operates a motor and battery charger with a PWM circuit, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to select a proper duty ratio for the device to function properly.
Regarding claim 6, Chou, as modified, discloses he PHS according to claim 4, wherein the control includes a switching device to be controlled by the PWM signal for at least one of recharging a battery or supplying a consumer where the switching device is one of a bipolar transistor, Field Effect Transistor or a Metal Oxide Semiconductor Field Effect Transistor (MOSFET) ([0055]).
Regarding claim 7, Chou, as modified, discloses the PHS according to claim 6, wherein the pulse-pause length is configured to be between 1 millisecond to 1000 milliseconds ([0055]). As a clarification, MOSFET’s can switch within that time parameter.
Claims 8 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Chou et al. (US 4,942,863), Kamping (US 2012/0305045), and Kang et al. (US 2012/0156530).
Regarding claim 8, Chou, as modified, discloses the PHS according to claim 1, but not that a thermo sensor is arranged with the rechargeable battery to determine a temperature of the battery and give input to the control.
However, Kang discloses a battery controller (Abstract) with a thermo sensor (120) is arranged with the rechargeable battery (110) to determine a temperature of the battery and give input to the control [0022]. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to include a temperature sensor operable to regulate the temperature of the rechargeable battery for safety purposes.
Regarding claim 14, Chou, as modified, discloses the PHS claim 1, but not that the control is configured to provide a motor for 1) an electric fuel pump, 2) a combustion air-blower, 3) an air-blower, 4) a circulation pump with a supply current that varies in amplitude and polarization so as to regulate the motor to inefficiency but keeping an intended velocity so as to burn electric power generated by the at least one thermoelectric module in the motor and provide heat.
However, Kang discloses a battery controller (Abstract) wherein the controller is capable of being configured to control a motor for 1) an electric fuel pump, 2) a combustion air-blower, 3) an air-blower, 4) a circulation pump with a supply current that varies in amplitude and polarization so as to regulate the motor to inefficiency but keeping an intended velocity so as to burn electric power generated by the at least one thermoelectric module in the motor and provide heat ([0027]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to vary the duty ratio of the rotating devices to not only control the cooling generated, but also the energy removed or conserved within the system.
Regarding claim 15, Chou, as modified, discloses the PHS according to claim 14 wherein the motor is one of a DC motor with brushes, a brushless DC motor or a Stepper motor (140, [0027], i.e., the circuits are all DC).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Chou et al. (US 4,942,863), Kamping (US 2012/0305045), Kim et al. (US 2014/0203736), and Inaba et al. (US 2015/0171489).
Regarding claim 9, Chou, as modified, discloses the PHS according to claim 1, but not that the control is configured to determine a value of the PWM signal to provide a charging current to the rechargeable battery based on a temperature of the battery and corresponding preconfigured safe charge values mapped to the temperature of the battery, the safe charge values being stored with the control.
However, Kim discloses a rechargeable battery pack (Abstract) wherein the controller (MCU) is configured to determine a value of the PWM signal to provide a charging current to the rechargeable battery ([0062]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize PWM controller to operator the motors and battery charger due to their ease of operation.
Additionally, Inaba discloses a battery controller (Abstract) wherein a charging current to the rechargeable battery based on a temperature of the battery and corresponding preconfigured safe charge values mapped to the temperature of the battery, the safe charge values being stored with the control ([0064]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to include control the battery’s charging rate based on the battery temperature to avoid damage to the battery or system.
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Chou et al. (US 4,942,863), Kamping (US 2012/0305045), and Inaba et al. (US 2015/0171489).
Regarding claim 10, Chou, as modified, discloses the PHS according claim 1, but not that the electrical consumer is one or more resistive heating elements for dissipation of electrical power and converting the electrical power into heat.
However, Inaba discloses a battery controller (Abstract) wherein the electrical consumer is one or more resistive heating elements ([0028], Figure 1) for dissipation of electrical power and converting the electrical power into heat. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to include a resistive element to convert the extra energy generated by the thermoelectric device back into to thermal energy that may be used to heat the battery to remain functional, particularly when the battery is remote from the heated area.
Regarding claim 11, Chou, as modified, discloses the PHS according to claim 10, wherein the resistive heating element is arranged within the PHS for heating one of the following: air inlet; a fuel tank; a fuel pump; a fuel inlet to the fuel pump; a motor for a combustion blower; a circulation pump if a transportation media of heat is liquid based; a buffer water tank for heated water if the transportation media of heat is liquid base; a motor for an air-blower if the transportation media of heat is air based; rechargeable battery ([0028]).
Regarding claim 12, Chou, as modified, discloses the PHS according claim 1, wherein the control is adapted to monitor the temperature of the rechargeable battery and in case the temperature of the rechargeable battery exceeds a predetermined value disconnect a heating element arranged with the battery to avoid excess heating of the rechargeable battery ([0028]).
Claims 13 are rejected under 35 U.S.C. 103 as being unpatentable over Chou et al. (US 4,942,863), Kamping (US 2012/0305045), and Anderson et al. (US 2010/0262308).
Regarding claim 13, Chou, as modified, discloses the PHS according to claim 1, but not that the electrical consumer is a clamp that short circuits the at least one thermoelectric module and dissipates the electrical power generated by the at least one thermoelectric module in an inner resistance of the thermoelectric module.
However, Anderson discloses a regenerative controller (Abstract) wherein the electrical consumer is a clamp (50, [0039,0055]) that short circuits the at least one thermoelectric module and dissipates the electrical power generated by the at least one thermoelectric module in an inner resistance of the thermoelectric module. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to include a clamping circuit to control the voltage of the circuit, thus protecting the battery.
Claims 16 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chou et al. (US 4,942,863), Kamping (US 2012/0305045), Kaibe et al. (US 2017/0125657), and Crawley et al. (US 2005/0150219).
Regarding claim 16, Chou, as modified, discloses the PHS according to claim 1, but not that it comprises a temperature sensor on a hot side of the at least one thermoelectrical module where the control is adapted to monitor the temperature on the hot side of the at least one thermoelectrical module and in case the temperature level exceeds a temperature threshold value, the control increases a current draw from the at least one thermoelectrical module until the temperature level on the hot side is beyond the temperature threshold value and in case a maximum threshold value for the current draw is reached and the temperature level still exceeds the temperature threshold value, the control further controls a fuel pump in order to decrease an amount of fluid supplied to the burner until a state is reached where the temperature level on the hot side of the at least one thermoelectrical module is not exceeding the temperature threshold value.
However, Kaibe (K) discloses a thermoelectric generator (Abstract) comprising a temperature sensor (10a, [0036]) on a hot side of the at least one thermoelectrical module (10) where the control is adapted to monitor the temperature on the hot side of the at least one thermoelectrical module and in case the temperature level exceeds a temperature threshold value (s104, Figure 5), the control increases a current draw from the at least one thermoelectrical module until the temperature level on the hot side is beyond the temperature threshold value ([0033-0034]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize a chopper circuit to remove current from the thermoelectric device in order to maintain a proper temperature.
Additionally, Crawley discloses a method of controlling a burner (Abstract) wherein the temperature level still exceeds the temperature threshold value, the control further controls a fuel pump in order to decrease an amount of fluid supplied to the burner until a state is reached where the temperature level on the hot side of the at least one thermoelectrical module is not exceeding the temperature threshold value (Claim 3). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to reduce the temperature of the burner, but reducing the amount of fuel used, when the temperature has exceeded a threshold, wherein removing electrical current would not increase cooling of the thermoelectric device and thus without lowering the temperature via combustive alterations the device would be damaged.
Regarding claim 19, Chou, as modified, discloses the PHS according to claim 16, wherein the control is configured to, in case the temperature on the hot side of the at least one thermoelectrical module is below a second threshold temperature and there is still a demand for producing heat, the control reacts by increasing the supply of fuel to the burner and thus producing more heat (Claim 4).
Regarding claim 20, Chou, as modified, discloses the PHS according claim 16, wherein the control is configured to, in case the temperature on the hot side of the at least one thermoelectrical module is below a second threshold temperature and there is still a demand for producing heat, the control is configured to lower the current draw to match a threshold level for current draw that increases efficiency of the system (K- s106-s108, Figure 5, [0049]).
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 JOHN E BARGERO whose telephone number is (571) 270-1770. The examiner can normally be reached Monday-Friday.
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/JOHN E BARGERO/Examiner, Art Unit 3762
/STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762