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 .
Claim Rejections - 35 USC § 103
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 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.
The Supreme Court in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness which are consistent with the proper “functional approach” to the determination of obviousness as laid down in Graham. The key to supporting any rejection under 35 U.S.C. 103 is the clear articulation of the reason(s) why the claimed invention would have been obvious. The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit.
EXEMPLARY RATIONALES
Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Claim(s) 1-2, 5, 12, 16, 21 ,3, 12, 13, and 20, 23, 25, 28, 30, 35-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kilts (US 8581148).
Kilts discloses in reference to claim:
1. (Currently amended) A generator system 10 for generating heat and electrical power, the system comprising:
an engine 20;
an electrical power generator 22 driven by the engine;
a first heat exchanger 56 that receives heat from exhaust gases from the engine;
a second heat exchanger 50 that receives heat from coolant from the engine;
a heater 90 powered by the electrical power generator 22 ; a fan configured to move air through the first heat exchanger 56, the second heat exchanger 50, and through the heater 90, wherein the air moves through the first heat exchanger before moving through the second heat exchanger.
As can be seen Kilts differs from the claimed invention only in the order through which the air flow passes through the heat exchangers. I.e. the current claims recite the air flows first through the engine coolant heat exchanger then through the engine exhaust heat exchanger.
It is noted Kilts teaches a preferred embodiment wherein the exhaust gas heat exchanger 56 is positioned upstream from the engine coolant heat exchanger such that a maximum heat reclamation from the exhaust gas can be achieved synergistically along with engine cooling. However, Kilts discloses the impetus for the invention is providing a flame-less heat apparatus and cooperating method which are efficient, reliable and require less maintenance. Since it is well understood that providing effective and efficient engine cooling is a known and predictable means for providing for reliable engine functionality thereby requiring less maintenance, one of skill would have found it obvious to modify the teachings of Kilts from emphasizing maximal heat reclamation from exhaust gas, to emphasize the increased efficiency in the engine coolant heat exchanger such that the engine is maintained at the lowest operating temperature by altering the relative upstream/downstream position of the heat exchangers.
This amounts merely to the rearrangement of components already provided by Kilts—namely the first and second heat exchangers. One of skill in the art would have found it obvious to modify the Kilts device to rearrange the position of the first and second heat exchangers such that inlet air first passes through the engine coolant heat exchanger then through exhaust gas heat exchanger at least under KSR rationale A since the results would be predictable to the skilled artisan. The artisan having the knowledge, creativity and common sense that would be brought to bear when considering combinations and modifications would be motivated to provide relatively cooler air to the engine coolant heat exchanger such that the effectiveness of the heat exchange to cool the engine would be maximized thereby providing a more reliable device requiring less maintenance. The positioning of the exhaust gas heat exchanger down stream from the engine coolant heat exchanger would be recognized by the same skilled artisan as advantageous since the relative temperatures expected by the exhaust gas would be higher than the engine coolant lending itself to efficient heat transfer to air flow already heated by the engine coolant heat exchanger.
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2. (Original) The generator system of claim 1, wherein the at least one heat exchanger 50 comprises a radiator.
5. (Original) The generator system of claim 1, wherein the fan 80 is a centrifugal fan that rotated about an impellor axis.
A T interconnection 70 is in fluid communication with radiator 50 and includes first and second openings in fluid communication with first and second pressure blowers 76 having impellers 78 rotatable about axes which are parallel to the width direction. In the form shown, interconnection 70 further includes a centrifugal impeller 80 rotatable about an axis parallel to the length direction and perpendicular to the axes of impellers 78.
14. The generator system of claim 1, wherein the system is mountable to a trailer. See figures.
Engine 20, generator 22, heat reclaim equipment, fuel tank, heat conversion device, and controls are all mounted on a trailer formed by base 12, wheels 14 and hitch 16.
15. The generator system of claim 1, further comprising a turbo charger.
Kilts discloses in the background description that a system of this type would scavenge heat from the engine coolant and perhaps the exhaust stream and/or the turbo-charger.
Regarding claims 16-19, 21 to a method for generating heat and power, see claims above mutatis mutandis.
14. The generator system of claim 1, wherein the system is mountable to a trailer. See figures.
Engine 20, generator 22, heat reclaim equipment, fuel tank, heat conversion device, and controls are all mounted on a trailer formed by base 12, wheels 14 and hitch 16.
Regarding claims 16-17 to a method for generating heat and power, see claims above mutatis mutandis.
Kilts discloses the claimed invention as discussed above except in reference to claim:
3. The generator system of claim 2, wherein the radiator comprises a fin tube heat exchanger.
Although Kilts does not explicitly teach that the radiator comprises a fin tube heat exchanger, such an embodiment is a common design choice for the skilled technician, and imparts no special technical advantage. Under KSR rationale A one of skill in the art would have found it obvious to use a fin tube heat exchanger as the heat exchanger 50
12. The generator system of claim 1, further comprising an airflow regulator that regulates the movement of air.
Although Kilts does not teach an airflow regulator that regulates airflow (the movement of air) in the first conduit, nor that the airflow regulator comprises a butterfly valve operable to selectively restrict airflow through the heater, such valves are well known in the art to restrict airflow and their addition to this apparatus would have been obvious under at least KSR rationale A in order to provide another means of controlling heat output by controlling the volume of air heated.
20. (Original) The method of claim 19, further comprising coupling at least one lighting element to the power generator.
Kilts does not teach coupling at least one lighting element to the power generator, however, such an addition is a mere design choice obvious to one of skill using a diesel powered generator in order to provide light to illuminate the device such that a user can better use the device in low light situations and imparts no disclosed technical advantage.
23. (New) The generator system of claim 1, wherein mechanical power is provided from the engine to the electrical power generator. Kilts discloses the use of engine 20 to mechanically power the generator 22.
It should be appreciated that air passing from entrance ducts 38 and in a direction through manifold 30 must pass over chamber 58, around and through the plurality of tubes 62 and under chamber 60 before reaching transition 44 and portion 42. Thus, reclaimer 56 acts as a heat exchanger to reclaim heat in the exhaust fumes of engine 20 before the exhaust fumes are exhausted from apparatus 10 and into the environment
25. (New) The generator system of claim 1, wherein a third heat exchanger receives heat from a turbo charger connected to the engine.
Kilts discloses in the background description that a system of this type would scavenge heat from the engine coolant and perhaps the exhaust stream and/or the turbo-charger. One of skill in the art would find it obvious to include an additional air to air heat exchanger means of scavenging heat to increase efficiency.
28. (New) The method of claim 16, wherein the at least one heat exchanger receives heat from a turbo charger connected to the engine. See claim 25 mutatis mutandis
30. (New) The method of claim 16, further comprising regulating the movement of the air by an airflow regulator.
Although Kilts does not teach an airflow regulator that regulates airflow (the movement of air) in the first conduit, nor that the airflow regulator comprises a butterfly valve operable to selectively restrict airflow through the heater, such valves are well known in the art to restrict airflow and their addition to this apparatus would have been obvious under at least KSR rationale A in order to provide another means of controlling heat output by controlling the volume of air heated.
35. (New) The generator system of claim 1, wherein the first heat exchanger is adjacent to the second heat exchanger. Kilts discloses all the heat exchangers positioned on a trailer, as such, they are considered adjacent to each other.
36. (New) The method of claim 16, wherein the first heat exchanger is adjacent to the second heat exchanger. Kilts discloses all the heat exchangers positioned on a trailer, as such, they are considered adjacent to each other.
37. (New) The generator system of claim 5, wherein the impellor axis is perpendicular to the direction of the movement of the air at the airflow outlet. See Figure above showing impellor axis is perpendicular to the direction of the movement of the air at the airflow outlet
38. (New) The method of claim 17, wherein the impellor axis is perpendicular to the direction of the movement of the air at the airflow outlet. . See Figure above showing impellor axis is perpendicular to the direction of the movement of the air at the airflow outlet
39. (New) The generator system of claim 1, wherein the electrical generator provides additional airflow to the first heat exchanger, the second heat exchanger, or the heater. See blowers 76.
40. (New) The method of claim 16, wherein the electrical generator provides additional airflow to the first heat exchanger, the second heat exchanger, or the heater. See blowers 76.
Claim(s) 31-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kilts (US 8581148) in view of Hamm et al. (US 2011/0187123A1).
Kilts discloses the claimed invention except in reference to claim:
31. (New) The generator system of claim 1, further comprising a mechanical coupling, the mechanical coupling connecting the fan to the engine.
32. (New) The generator system of claim 31, wherein the mechanical coupling comprises a belt system.
33. (New) The method of claim 16, further comprising a mechanical coupling, the mechanical coupling connecting the fan to the engine.
34. (New) The method of claim 33, wherein the mechanical coupling comprises a belt system.
Kilts further discloses a mechanical coupling, the mechanical coupling connecting a fan 80 to the engine 20, the fan configured to move air through the at least one heat exchanger 50 and through the heater 90. Note that the mechanical coupling of the fan 80 to the engine 20 is implied even though it is not explicitly disclosed. If Applicant takes issue with the implied mechanical coupling as claimed, one of skill in the art would find it obvious to provide such a coupling as a routine means of driving the fan 80. Further note that the fan 80 is set up to draw incoming air across the radiator 50 and as such air is then propelled (by fan 80) through the heater 90 even though additional blower means are provided to assist therein. See below.
Hamm teaches the use of a fan of the air handling assembly which is driven by the engine by a belt drive. It is further noted that such a configuration is well known in the art and as such one of skill in the art would find it obvious to modify the Kilts device to include the belt driven fan as taught by Hamm and additionally such that the cooling effect of the fan is not subject to accidental deactivation if the fan were not physically connected to the running engine.
Response to Arguments
Applicant’s arguments with respect to the pending claim(s) have been considered but are not persuasive. Applicant’s argument that Kilts teaches away from positioning the exhaust gas heat exchanger downstream from the engine coolant heat exchanger. Applicant argues the applicant's invention operates in the opposite manner of Kilts, such that the air pre-warms before it enters the exhaust heat exchanger. Applicant suggests that the applicant has found that by prewarming the air, it reduces the wet stacking effect. Applicant offers by response that the wet stacking effect is caused by a high temperature difference between the air moving over exhaust lines and the air inside the exhaust lines. Applicant offers by response that with a high temperature difference, the carbon and materials in the exhaust gas build up and clog exhaust lines. Applicant then suggests that the applicant's approach reduces the occurrence of wet stacking by preheating the air in the first heat exchanger before it moves through the second heat exchanger. It is however noted that such a disclosure is not present in the originally filed written description. Applicant’s only mentions the use of one or more load banks to address under loading of the engine which may be used to reduce or prevent wet stacking. There is no teaching that the positioning of the exhaust gas heat exchanger is responsible for the reduction of wet stacking as argued by Applicant.
It is noted Kilts teaches a preference for positioning the exhaust gas heat exchanger 56 upstream from the engine coolant heat exchanger such that a maximum heat reclamation from the exhaust gas can be achieved synergistically with engine cooling. However, Kilts discloses impetus for the invention is providing flame-less heat for methods and apparatus which are efficient, reliable and requiring less maintenance. Since it is well understood that providing effective and efficient engine cooling is a means for providing for reliable engine functionality thereby requiring less maintenance, one of skill would have found it obvious to modify the teachings of Kilts from emphasizing maximal heat reclamation from exhaust gas, to emphasize the increased efficiency in the engine coolant heat exchanger such that the engine is maintained at the lowest operating temperature by altering the relative upstream/downstream position of the heat exchangers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached on 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
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