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 .
Election/Restrictions
Applicant's election with traverse of invention II in the reply filed on 09/5/2025 is acknowledged. The traversal is on the ground(s) that the apparatus as claimed cannot be used to practice a different process. This is not found persuasive because the system of invention II can be used without the particular steps of the method of invention I. Applicant’s arguments lack a nexus with the claims.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
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 embodiments with a plurality of accumulators or a plurality of collectors, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Examiner notes the issues of clarity raised below.
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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites “a relative small solar panel”. The term “relative small” is a relative term which renders the claim indefinite. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 2 recites “a Transformer (C) that can be a house or building (the Transformer T)” [emphasis added]. The phrase "can be" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Examiner interprets the limitations as not required by the claims.
Claim 2 recite “a house or building (the Transformer T)”, “a collector (C )”, and “a Transformer (C) that can be a house or building (the Transformer T)”. The parenthetical labels are used multiple times for different elements. It is unclear what if any limitations these parenthetical labels impart to the claims. Examiner suggests removing the parenthetical labels from the claims.
Claim 2 recites “a blower (BW), and an electric switch (SW); and a blower (BW).” It is unclear if the claim requires two blowers. The limitation appears to be a typographical error. Examiner interprets the limitation as requiring a single blower.
Claims 3-9 are indefinite at least by virtue of dependency.
Claim 3 recites “further comprising: Solar radiation transforming devices-the collectors (C) -that convert the solar radiation into thermal energy…” It is unclear from the claims if applicant is further limiting the previously recited collector or establishing different collectors as an element of the claim.
Claim 3 recites “a short distance”. The term “short distance” is a relative term which renders the claim indefinite. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 4 recites “further comprising: Thermal energy accumulating devices-the accumulator (A) devices-that, between dawn and sunset, store the solar the thermal energy …” It is unclear from the claims if applicant is further limiting the previously recited accumulator or establishing different accumulator as an element of the claim.
Claim 5 recites “ further comprising: Choosing and fixing the angle that the solar radiation transforming devices-the collectors (C) make with the horizontal plane…” The claim appears to recite a method step in an apparatus claim which renders the claim indefinite MPEP 2173.05(p)II
Claim 5 recites “the horizontal plane”. There is insufficient antecedent basis for this limitation in the claims.
Claim 5 recites “the solar radiation transforming devices. There is insufficient antecedent basis for this limitation in the claims. It is unclear if applicant is referencing the previously recited collector, or establishing additional different collectors.
Claim 6 appears to recite a method step in an apparatus claim. The combining of statutory categories renders the claim indefinite. MPEP 2173.05(p)II
Claim 6 recites “the collectors” there is insufficient antecedent basis for this limitation in the claims. It is unclear if applicant is referencing the previously recited collector or establishing additional different collectors.
Claim 6 recites “the collector” in lines 4 and 5, and line 6. There is unclear antecedent basis for this limitation in the claims. It is unclear which collector applicant is referencing.
Claim 7 appears to recite a method step in an apparatus claim. The combining of statutory categories renders the claim indefinite. MPEP 2173.05(p)II
Claim 7 contains two sentences. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited. See MPEP 608.01(m) (https://www.uspto.gov/web/offices/pac/mpep/s608.html) MPEP 608.01(m) requires each claim begins with a capital letter and ends with a period. It is unclear when the claim ends or new claims begin. This renders the claim indefinite. Examiner interprets the claim to end at the first period.
Claim 8 recites “a blower (BW)”. Claim 2 previously provides for a blower. It is unclear from the claims if an additional blower is required.
Claim 8 recites “the same blower (BW). There is insufficient antecedent basis for this limitation in the claims. As previously discussed, the claims provides for an indefinite number of blowers (BW). It is unclear which blower is being referenced.
Claim 8 recites “and the same blower (BW) that between dawn and sunset by means of an actuated valve (V) can blow air only between the house or building” [emphasis added]. The term “can” makes unclear whether the limitations related to the claimed function are required or merely suggestions. Correspondingly, it is unclear whether the structural elements, such as the valve, are required elements of the claim.
Claim 9 recites “a relative small solar panel (SP), a battery (BT) connected to it, and an electronic control board (EB)”. Claim 2 previously provides for these elements It is unclear from the claims if additional elements are required or if the claim is referencing the previously recited elements.
Claim 9 recites “which happens through conduits”. There is unclear antecedent basis for the term “which” in the claims. It is unclear what function applicant is referencing.
The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device.
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.
Claim(s) 2 and 4-8, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Madwed US4373573 in view of Kousa US5851309.
Regarding claim 2, Madwed US4373573 teaches a system usable with a house or building (Fig. 1, ), comprising:
a collector (Fig. 1, 76 ) that transforms solar radiation into thermal energy that is transferred into air that carries the thermal energy into an Accumulator (Fig. 1, heat storage reservoir) between dawn and sunset (The device of Madwed can be operated in the claimed fashion);
a Transformer that can be a house or building (house 10) that uses between sunset and dawn the thermal energy stored in the air to warm the interior of the Transformer (The device of Madwed can be operated in the claimed fashion);
a blower (42), and supporting electronic control board (circuit controller, Col. 14 Ln. 1-7), and an electric switch (Col. 8Ln. 66-68);
Madwed does not expressly disclose
a relative small solar panel with a battery.
Kousa US5851309 teaches a solar collector system usable with a building (Fig. 1) comprising a blower (Col. 40, Ln. 41-Col. 41 Ln. 6, blower 267), a solar panel (PV panel 280), a battery (battery 286), a supporting electronic control board (microprocessor power supply 314), and an electric switch (relay 289, or speed controller 272).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a solar panel, battery, and corresponding electronics for operating the fan, as taught by Kousa, since doing so amounts to a known technique for improving similar devices with the known predictable results of providing solar power for the electronics and a battery backup.
Regarding claim 4, the modified Madwed teaches the system of claim 2, further comprising: Thermal energy accumulating device-the accumulator device-- that, between dawn and sunset, store the solar the thermal energy carried by the air that has been heated in the collector in a storing thermal energy material as the air traverses the storing thermal energy material; and, during the night, heats the air that is transferred from the house or building into the energy accumulating devices as the air traverses the energy accumulating device, and sends it back to the house or building (The device of Madwed can be operated in the claimed fashion. The functional or intended use limitations do not structurally distinguish over the prior art device).
As best understood, the remaining difference between the prior art and the claimed subject matter amounts to a plurality of accumulators or heat a storage reservoirs or in other words a duplication of parts of the prior art device. At the time of this office action there is insufficient evidence on the record to suggest criticality to the plurality of accumulating devices. Further, it is not clear on the record whether applicant is claiming a plurality of accumulators.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device to have a plurality thermal storage reservoirs since doing so amounts to a mere duplication of parts of the prior art device and such a modification would have the predictable result of increasing storage capacity.
Regarding claim 5, the modified Madwed does not expressly disclose a system of claim 2, further comprising: Choosing and fixing the angle that the solar radiation transforming devices-the collectors make with the horizontal plane depending on the longitude and latitude of the area where the house or building is located and orienting the longitudinal axis of the solar radiation transforming devices-the collectors with the North-South line of planet earth to optimize the efficiency of transformation from solar radiation into thermal energy.
Madwed US4373573, Col. 5 Ln. 5-18 teaches orienting and arranging a solar collector based on geographical location thereby obtaining optimum solar heating and that such is known in the art.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device such that it is arranged or oriented in a way as to meet the claimed subject matter since doing so amounts to a known technique in the solar heating art with the known predictable result of obtaining optimum solar heating.
Regarding claim 6, the modified Madwed teaches the system of claim 2, further comprising: Between dawn and sunset, connecting the collectors and the accumulator in a close loop, and storing in the accumulator the thermal energy collected at the collector by means of conducting air that is warmed in the collector to the accumulator; as the warm air from the collector traverses the material in the accumulator from top to bottom, it warms it, after which, it goes to the collector to be warmed again (as best understood, Madwed teaches a system which is capable of being operated in the claimed fashion. The functional or intended use limitations do not distinguish over the structure of the prior art. Seen in Fig. 1A of Madwed, the conduits and valves or dampers are arranged such that the claimed function could be performed)
Regarding claim 7 the modified Madwed teaches the system of claim 2, further comprising: Between sunset and dawn, connecting the accumulator and the house or building in a close loop, and using the thermal energy stored in the accumulator (A) to warm the air inside the house or building by means of conducting air that is inside the house or building into the accumulator again (as best understood, Madwed teaches a system which is capable of being operated in the claimed fashion. The functional or intended use limitations do not structurally distinguish over the prior art device. Seen in Fig. 1A of Madwed, the conduits and valves or dampers are arranged such that the claimed function could be performed).
Regarding claim 8, the modified Madwed teaches the system of claim 2, further comprising: Between sunset and dawn, a blower that blows air only in the space between the middle plate and the bottom plate of the accumulator that then reaches the accumulator and comes back to the collector where the blower increases again the air pressure; and
the same blower that between dawn and sunset by means of an actuated valve can blow air only between the house or building and the accumulator though the connecting conduits between them to allow the system to warm the air inside the house or building (as best understood, Madwed teaches a system which is capable of being operated in the claimed fashion. . The functional or intended use limitations do not distinguish over the structure of the prior art. Seen in Fig. 1A of Madwed, the conduits and valves or dampers are arranged such that the claimed function could be performed).
Regarding claim 9, the modified Madwed teaches the system of claim 2, further comprising: a solar panel, a battery connected to it, and an electronic control board that in conjunction allow to transform solar energy into electric energy and accumulates it in a battery (see Kousa, above) that powers the blower that blows air through between the collector and accumulator between dawn and sunset and between the accumulator and the house or building between sunset and dawn (Seen in Fig. 1A of Madwed, the conduits and valves or dampers are arranged such that the claimed function could be performed), and
a switch that allows to turn on the flow of air between the house or building and the accumulator (see claim 2 above), which happens through conduits (conduits seen in Fig. 1A of Madwed).
Notwithstanding the issues of definiteness raised above, the modified Madwed does not expressly teach an additional solar panel, battery, controller, and blower. As best understood, the remaining difference between the prior art and the claimed subject matter amounts to a plurality of accumulators or heat a storage reservoirs or in other words a duplication of parts of the prior art device. At the time of this office action there is insufficient evidence on the record to suggest criticality to the plurality of such device devices. Further, it is not clear on the record whether applicant is claiming a plurality of such devices.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device to have a n additional solar panel, batter, controller, and blower since doing so amounts to a mere duplication of parts of the prior art device and such a modification would have the predictable result of increasing capacity.
Claim(s) 3, as best understood. is/are rejected under 35 U.S.C. 103 as being unpatentable over Madwed US4373573 in view of Kousa US5851309 in further view of Groth US4029258.
Regarding claim 3, Madwed does not expressly disclose the system of claim 2, further comprising: Solar radiation transforming devices -the collectors- that convert the solar radiation into thermal energy by means of a blackened plate placed in parallel and behind at a short distance from a transparent plate that is exposed to the solar light and transfer that thermal energy into the air running in a section of the solar radiation transforming device that is behind the blackened plate of the solar radiation transforming devices.
Groth US4029258 teaches a solar energy collector system comprising a blackened plate placed in parallel and behind at a short distance from a transparent plate that is exposed to the solar light and transfer that thermal energy into the air (abstract, Fig. 1, Fig. 2).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device with a solar collector as taught by Groth since doing so amounts to a simple substitution of known solar collectors in the art with the known predictable result of providing a highly efficient selective surface giving good absorptance of solar energy (Groth, Col. 1 Ln. 14-16)
As best understood, the remaining difference between the prior art and the claimed subject matter amounts to a plurality of collectors or in other words a duplication of parts of the prior art device. At the time of this office action there is insufficient evidence on the record to suggest criticality to the plurality of collectors. Further, it is not clear on the record whether applicant is claiming a plurality of collectors.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the prior art device to have a plurality solar collectors since doing so amounts to a mere duplication of parts of the prior art device and such a modification would have the predictable result of increasing heating capacity.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Deepak Deean whose telephone number is (571)270-3347. The examiner can normally be reached M-Th 10-4.
Examiner interviews are 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 attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edelmira Bosques can be reached at (571)270-5614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEEPAK A DEEAN/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762