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 .
Responsive to correspondence
This office action is in response to correspondence filed on 08/18/2022.
Information Disclosure Statement
No IDS has been filed.
Specification
The specification are objected to , since the speciation as filed does not follow U.S prevailing practices as follows:
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-13 are rejected under 35 U.S.C. 101 because the disclosed invention is inoperative and therefore lacks utility.
The present patent application relates to a process for converting thermal energy into electrical energy based on a counterclockwise, thermally regenerated cycle combined with thermal acceleration. This process is not capable of producing electrical energy. This process corresponds to that of a heat pump and does not provide any suggestion to be convert heat energy into electrical energy.
The Office considers the asserted utility to be inconsistent with known scientific principles or “speculative at best” as to whether attributes of the invention necessary to impart
the asserted utility (neither the embodiment of Figure 1 nor that of Figure 2 discloses a heat sink. Since no heat sink is present, it is not clear how the cycle of claimed invention can convert thermal energy into electrical energy. Thus, this process does not appear to fulfill the second law of thermodynamics) were actually present in the invention. (See MPEP § 2107.1 II).
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-13 are also rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph. Specifically, because the claimed invention is not supported by a credible asserted utility for the reasons set forth above, one skilled in the art clearly would not know how to make and/or use the claimed invention.
As discussed above, the specification does not suggest , how the claimed cycle would operate defined as a process based on a counterclockwise cycle, thermally regenerated cycle for converting heat energy into electrical energy. Since a counterclockwise cycle is known as a process for converting work into heat energy. Therefore, the languages of the claim and specification does not support the claimed “production of electrical energy”. Consequently, no claim can be derived from the claim languages as claimed in claim 1.
Thus, the claims contain subject matter which was not described in the specification in such a way as to suggest one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 1 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The disclosure and claims fail to explain as how the cycle is defined as a process based on a counterclockwise, thermally regenerated cycle for converting heat energy into electrical energy. Since, a counterclockwise cycle is known as a process for converting work into heat energy. The process steps of claim 1 and specification do not provide a clear indication of how the process should be interpreted.
In claim 1, this process is defined as a cyclic run with the following steps:
(1) large-volume compression of the working fluid,
(2) cooling with condensation in a heat exchanger,
(3) small-volume expansion of the working fluid, and
(4) heating with evaporation in a heat exchanger
This process corresponds to that of a heat pump and does not provide any suggestion of how heat energy is to be converted into electrical energy.
Furthermore, in claim 1, this cycle is defined by the following features:
that the heat energy to be dissipated from the cooling heat exchanger (See Fig.1: 2) is transferred completely to the heating heat exchanger (See Fig.1: 4),
that the large-volume compression (See Fig.1: 1) and small-volume expansion (See Fig.1: 3) only have to maintain the pressure and temperature difference required for the heat transfer from the cooling heat exchanger (See Fig.1: 2) to the heating heat exchanger (See Fig.1: 4),
that in addition to the evaporation process in the heating heat exchanger (See Fig.1: 4) between inlet and outlet, the volume increase is also used to increase the flow energy, for thermal acceleration,
that the thermal heat energy supply (See Fig.1: 7) takes place with the thermal acceleration heat exchanger (See Fig.1: 5),
that the heat exchanger thermal acceleration (See Fig.1: 5) takes over the heat transfer to the flowing working fluid,
that the large-volume compression (See Fig.1: 1) utilizes portions of the flow energy,
that the turbine (See Fig.1: 6) drives the generator (See Fig.1: 8) with the majority of the flow energy,
that the electrical energy is removed from the process with the current discharge (See Fig.1: 9),
that the working fluid cyclically undergoes the basic process steps: condensation through heat transfer to evaporation (See Fig.1: 10), first heating for thermal acceleration and then expansion or reverse sequence (See Fig.1: 11), evaporation through regenerated heat transfer from condensation combined with thermal acceleration (See Fig.1: 12), first velocity reduction in the turbine and then compression or reverse sequence (See Fig.1: 13).
These features are interpreted as follows:
The coldest point of the process is a recuperator, which transfers all the heat energy back to the process. The cycle therefore has no heat sink.
This feature is not a technical feature; it describes a pressure and temperature difference between the low-pressure side and the high-pressure side of the cycle. This difference is not clearly defined because it is not clear how much pressure and temperature difference is "needed". This feature corresponds to a result to be achieved.
The "volume increase to increase the flow energy" is not clearly defined. The feature "thermal acceleration" is not clear and has no generally known meaning. Feature c.) is interpreted to mean that superheating of the working fluid occurs in the heat exchanger.
and e.) The "thermal heat energy supply" is not previously defined in claim 1. According to Figure 1, this heat energy supply appears to take place through an additional heat energy supply downstream of the heat exchanger (See Fig.1: heat exchanger 5).
This feature corresponds to a result to be achieved, although the technical features necessary to achieve this result are not mentioned. It is not clear how the compressor can utilize portions of the flow energy.
A turbine is arranged downstream of the heat exchanger (See Fig.1: 4) or an additional heat exchanger (5) and is designed to drive a generator.
The generator is coupled to a power derivation.
This feature is not clear: It is not clear what is meant by "reverse order". It is not clear in which order the heat exchanger, the turbine, and the compressor are arranged.
The disclosure therefore does not fairly suggest as how the claimed cycle has to be interpreted. Additionally, claim 1 does not provide a heat sink, although it explicitly defines that the thermal energy from "heat exchanger cooling (See Fig.1: 2) is completely transferred to heat exchanger heating (See Fig.1: 4). Thus, the cycle of claim 1 not operable. Furthermore, a method for converting thermal energy into electrical energy based on a counterclockwise thermally regenerated cycle combined with thermal acceleration is contradictory.
Furthermore, features a.) to i.) do not suggest of how this cycle is to be interpreted
Additionally, the present patent application relates to a process for converting thermal energy into electrical energy based on a counterclockwise, thermally regenerated cycle combined with thermal acceleration.
This process does no clearly define to make it clear to a person skilled in the art as how the invention can be carried out.
The description does not fairly suggests a clear manifestation of how the invention can be carried out because neither the embodiment of Figure 1 nor that of Figure 2 discloses a heat sink. Since no heat sink is present, it is not clear how the cycle of claim 1 can converts thermal energy into electrical energy. Thus, this process does not appear to fulfill the second law of thermodynamics, and it is not clear to a person skilled in the art how this invention can be carried out.
Notwithstanding the above, the specification and claims falls short of explaining the following:
The specifications fail to describe “that the small volume (small volume) and the large volume (large volume) are liquid and gas, respectively”
The specification fails to explain how the “the small-volume expansion” and “large-volume compression”, since it is unclear how the working fluid is compressed and expanded.
Since the volume is reduced when cooled, therefore meaning “expansion of small volume expansion is unclear.
The “large volume compression” has been described as “using a part of flow energy” , however it is indefinite what type of structural element is employed/positions for compression.
The specification further falls short of describing what type of turbine is “co-turbine” as describe on page 3 line 24 of the specification.
The specification fails to explain how the “thermal acceleration is performed” as described on page 4 of the specification.
The specification fails to explain how the "more usable volume change work can be converted by thermal acceleration" , furthermore specification falls short of describing what the "volume change work" is converted to.
In "cooling of the heat exchanger 2" and "heating of the heat exchanger 4" on page 4, the components that deprive the heat exchanger of heat and the components that give heat to the heat exchanger are unclear. In addition, since the heat exchanger is a device for performing heat exchange between a high-temperature working fluid and a low-temperature working fluid, the reason for cooling and heating the heat exchanger is unclear.
It is well known in the art that heat moves from a high-temperature object to a low-temperature object and the destination of the heat cannot be controlled in a specific direction (since heat diffuses), the specification falls short of providing grounds as how "recovered thermal energy" from heat exchanger 2 is "completely transferred" as described on page 4 paragraph 2.
The speciation falls short of describing the difference between "Thermal energy" and "thermal heat energy" as described on page 4 .
The specification on page 4 paragraph 2 does not provide explanation as how heat from a cooling heat exchanger 2 would be transferred to heating heat exchanger 4, since heating heat exchanger is already receiving heat from thermal energy heat exchanger 7 (see the vertical downward arrows in Fig. 1).
The specification on page 4 paragraph 2 describes that the turbine 6 drives the generator 8. However, to rotate the turbine 6, a component that generates a pressure difference between the upstream and downstream of the turbine is required, such as the condensation of the working fluid due to the cooling provided by the Carnot cycle. However, the corresponding component is not described in the specification or drawings; the specification therefore falls short of describing as how the turbine is driven by the working fluid in the detailed description of the invention.
The specification fails to describe a substance regarding "expansion or reverse order" and "compression or reverse order" , because the method has a different concept of positioning structural elements and expansion or compression as described.
The specification on page 4 last paragraph continued to page 5, while "hydraulic fluid" is described, a non-oil substance such as propane is described; therefore, it is unclear what the working fluid is.
The specification on page 7 that "Fig. 2 is a block diagram of the preferred embodiment according to Fig. 1 and its application". However, the "large volume compression" in Fig. 1 is the "diffuser 20" in Fig. 2, and the diffuser is for recovering the static pressure by decelerating the working fluid, and at that time, the volume of the fluid increases (expands); the specification fails to provide substantive details as to why Fig. 2 is an application of Fig. 1.
In view of the forgoing, since there is no explanation in the specification describing how claimed method claim for conversion of thermal energy into electrical energy based on anticlockwise thermally regenerated cycle will operate, one skilled in the art would not envisage to make or practice the claimed invention.
The dependent claims 2-13 as they inherent the defects of claim 1 are also rejected for similar reasons.
Claim Rejections - 35 USC § 112(b)
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 1-13 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.
The claimed invention is indefinite defined as method based on a counterclockwise cycle is generally known as a method for converting work into heat energy. Therefore, no claim can be derived from the claimed subject matter. The method steps of claim 1 do not provide a clear indication of how the method should be interpreted. The claimed method corresponds to that of a heat pump and does not provide any clear indication of how heat energy is to be converted into electrical energy.
Additionally, the claims 1-13 appears indefinite for the following reasons:
In claims 1-13:
Claim 1 recites limitations pertaining to the "volume" of the "increase in the volume" in step c) of claim 1, however the claims appear indefinite whether it is a "large volume", a "small volume", or a "volume" of some substance. Since, neither the specification nor the claims explain the claimed subject matter.
Claim 1-13 recites limitation " the thermal heat energy supply is carried out with the heat exchanger thermal acceleration " claimed in step d) of claim 1, however, the claims appear indefinite . Since, neither the specification nor the claims explain the claimed subject matter.
Claims 1-13, recites the positioning of claimed structural elements in anticlockwise direction, which is a different concept from expansion or compression, the meanings of "expansion or sequence" and "compression or sequence" the claims appear indefinite . Since, neither the specification nor the claims explain the claimed subject matter.
Claims 3-4 and 6 recites limitations "the coiled heat exchanger". There is insufficient antecedent basis for this limitation which renders the claims indefinite.
Claims 4-5 recites limitations “the condensate. There is insufficient antecedent basis for this limitation which renders the claims indefinite.
Claim 6, the claim limitations as recited "a gaseous partial mass flow” in claim 6 is related to other recitations. the claims appear indefinite . Since, neither the specification nor the claims explain the claimed subject matter.
Claim 6 recites limitation "the diffuser" . There is insufficient antecedent basis for this limitation which renders the claims indefinite.
Claim 8 recites limitation "the current control unit" There is insufficient antecedent basis for this limitation which renders the claims indefinite.
Claim 9 recites limitation "the heat source input system" in claim 9. There is insufficient antecedent basis for this limitation which renders the claims indefinite.
Claim 9 recites "takes over the thermal heat energy supply at the same mass flow rate and always at a constant temperature" in claim 9, the claims appear indefinite . Since, neither the specification nor the claims explain the claimed subject matter.
Claim 11 recites "the circulation system" in claim 11. There is insufficient antecedent basis for this limitation which renders the claims indefinite.
Claim 12 recites a limitation "the process autonomously converts electricity from environmental energy, thereby covering all load cases up to the maximum load" in claim 12. There is insufficient antecedent basis for this limitation which renders the claims indefinite.
Claim 13 , the claim appears indefinite , since it appears equivocal whether "all working fluids" in claim 13 means the total amount of working fluid or means that any working fluid can be used.
For the reasons above, the metes and bounds of claims 1-13 cannot be ascertained and the claim appears to be indefinite.
Examiner’s Note
As a result of the compounding nature of the errors, claims were not sufficiently understood to apply prior art or indicate allowable subject matter. The claims would require significant revision to improve their clarity to ascertain the presence of allowable subject matter. The absence of a rejection based upon prior art should not be taken as an indication of allowable subject matter.
Prior Art
The prior art made of record and not relied upon is considered pertinent to heat pumps.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAFIQ A MIAN whose telephone number is (571)272-4925. The examiner can normally be reached 8:30 am to 6:30 pm (Monday thru Thursday).
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, MARK LAURENZI can be reached at (571) 270-7878. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SHAFIQ MIAN/Primary Examiner, Art Unit 3746
July 10, 2025
Prosecution Insights