DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is in response to Applicant’s arguments and amendments filed on 05/20/2026 amending Claim 1. Claims 1 – 17 and 27 are examined.
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.
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.
Claims 1 – 15, 17, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over "Cubesat propulsion concept wins $225,000 NSF grant", Phase Change Matters Newsletter Feb 14, 2020 [accessed on 02/06/2024 at https://puretemp.com/?p=1654], hereinafter “PureTemp”, as evidenced by Caplin (5,806,800) and Beidleman et al. (7,806,370), in view of Walsh, J., Berthoud, L., & Allen, C. "Drag Reduction through Shape Optimisation for Satellites in Very Low Earth Orbit". Acta Astronautica, Vol. 179, September 18, 2020, hereinafter “Walsh”.
Regarding Claim 1, PureTemp teaches, in sole figure, the invention as claimed, including a propulsion system comprising: an optical transmission system (figure on Pg. 2) comprising at least two layers with the at least two layers comprising: at least two transmitters (gold mirror and hot mirror), or at least one transmitter (gold mirror and hot mirror) and at least one absorber (photonic crystals); a phase change material thermal capacitor (PCM [Phase Change Material] Thermal Capacitor) for storing absorbed heat from light which passes through the optical transmission system (Pg. 2, third paragraph states “The phase change materials in the thermal capacitor store the solar energy over a period of hours and then heat the propellant during a ‘burn’ phase”); wherein the at least two layers [Examiner notes that the phrase “prevent long wavelengths of light from passing through the optical transmission system while allowing shorter wavelengths to pass through the optical transmission system” is a statement of intended use and the structure of the device as taught by PureTemp can perform the function because PureTemp teaches in Pg. 2, third paragraph, “our optical filtration system is designed to reject long wavelengths of light and only transmit short wavelengths- similar to the greenhouse effect”. Furthermore, Applicant’s Fig. 2 was identical to PureTemp’s Pg. 2 figure shown below.] prevent long wavelengths of light from passing through the optical transmission system while allowing shorter wavelengths to pass through the optical transmission system; [Examiner notes that the phrase “because the propulsion system does not require deploying solar arrays, the propulsion system requires less power than a system requiring deploying solar arrays” is a statement of intended use and the structure of the device as taught by PureTemp can perform the function because the ‘ThermaSat’ propulsion system does not require electrical power, i.e., electricity, to generate thrust. PureTemp teaches on Pg. 2, third paragraph, “The ThermaSat works by heating liquid water propellant to high temperature steam using incident sunlight. … The phase change materials in the thermal capacitor store the solar energy over a period of hours and then heat the propellant during a ‘burn’ phase”. The ‘burn phase’ would have been when thrust was generated by ejecting the high temperature steam through the nozzle labeled in the PureTemp Pg. 2 figure shown below. Applicant’s Specification disclosed, in Para. [0005], “The present apparatus and system provides a high performance solar thermal thruster, referenced herein as ThermaSatTM that greatly expands CubeSat mission capabilities and mitigates the drawbacks of traditional propulsion systems.” Applicant’s Specification disclosed, in Para. [0006], “ThermaSat requires no deployable structures, limiting a significant failure mode for most satellites, and requires scant power to operate; reserving large amounts of power to the primary payload.” Applicant’s Specification disclosed, in Para. [0014], “As discussed hereinabove, current propulsion technologies focus on electric propulsion and non-electric propulsion. Electric propulsion technologies require large portions of power from the spacecraft bus, which hinders the performance of other CubeSat subsystems. These systems typically require deployable solar panels to increase the available power.” Applicant’s Specification disclosed, in Para. [0030], “High efficiency electric propulsion systems have the potential to maintain VLEO orbits, but CubeSats may struggle to provide sufficient power for the electric thrusters. Additional solar panels increase the total surface area, which increases drag, which rapidly decreases the satellite's orbital lifetime.” Applicant’s Specification disclosed, in Para. [0031], “However, the ThermaSat propulsion system(s) detailed herein, uses a thermal capacitor to store thermal energy and superheat water to produce highly efficient thrust.” PureTemp’s ‘ThermaSat’ propulsion system does not require electrical power, i.e., electricity, to generate thrust because it was not an electrical propulsion system. Consequently, PureTemp’s ‘ThermaSat’ propulsion system would not have required deploying solar arrays which would typically only be required to provide the large amount of electrical power necessary to power an electric propulsion system. As evidenced by Caplin, in Fig. 1, Col. 1, ll. 40 – 50, Col. 3, ll. 10 – 20, and Col. 4, ll. 55 – 60, deployed solar arrays (18 – a pair of solar panels) converted sunlight into electricity to power an electric propulsion system (26 – two pairs of xenon ion propulsion engines). As evidenced by Beidleman, in Figs. 1 – 10B, Col. 2, ll. 40 – 50, and Col. 3, ll. 15 – 20, deployed solar arrays (120 – Fig. 1, the solar arrays deploying from a stowed position to a 100% deployed position was shown in Figs. 8, 9A, 9B, and 9C) converted sunlight into electricity to power an electric propulsion system of a spacecraft (110 - Col. 3, ll. 30 – 35). As evidenced by Caplin and Beidleman, deploying solar arrays was conventionally only required to convert sunlight into electricity to power one or more electric propulsion systems of a spacecraft.] wherein, because the propulsion system does not require deploying solar arrays, the propulsion system requires less power than a system requiring deploying solar arrays.
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PureTemp is silent on an aerodynamic shell.
Walsh teaches, in Abstract, Pg. 3, ll. 60 – 65, and Pg. 5, ll. 85 – 86, an aerodynamic shell, i.e., aeroshell, designs to minimize drag while maximizing internal volume of satellites operating in Very Low Earth Orbit (VLEO).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify PureTemp with the aerodynamic shell, taught by Walsh, because all the claimed elements, i.e., the propulsion system comprising: an optical transmission system comprising at least two layers with the at least two layers comprising: at least two transmitters (gold mirror and hot mirror), at least one transmitter (gold mirror and hot mirror) and at least one absorber (photonic crystals), the phase change material thermal capacitor, and an aerodynamic shell, were known in the art, in combination each one of the components would perform the same function as it did separately, and one skilled in the art could have combined the elements as claimed by known methods, with no change in their respective functions, to yield predictable results, i.e., enclosing the propulsion system and satellite within an aerodynamic shell would have facilited extending the operational life of a VLEO satellite by reducing the atmospheric drag, Walsh – Pg. 2, ll. 29 - 31. KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1395; MPEP 2143(A).
Re Claim 2, PureTemp, i.v., Walsh, teaches the invention as claimed and as discussed above and PureTemp further teaches wherein the at least two layers [Examiner notes that the phrase “prevent long wavelengths of light from passing through the optical transmission system while allowing shorter wavelengths to pass through the optical transmission system” is a statement of intended use and the structure of the device as taught by PureTemp can perform the function because PureTemp teaches in Pg. 2, third paragraph, “Normally, it is difficult to reach high enough temperatures to use water as propellant, but our optical filtration system is designed to reject long wavelengths of light and only transmit short wavelengths- similar to the greenhouse effect.” Furthermore, Applicant’s Fig. 2 was identical to PureTemp’s Pg. 2 figure shown below.] raise temperature higher than without the optical transmission system.
Re Claim 3, PureTemp, i.v., Walsh, teaches the invention as claimed and as discussed above and PureTemp further teaches wherein water is heated to create propulsion by extracting heat from the phase change material in the thermal capacitor to cause expansion in the propellant (Pg. 2, third paragraph states “Normally, it is difficult to reach high enough temperatures to use water as propellant, but our optical filtration system is designed to reject long wavelengths of light and only transmit short wavelengths- similar to the greenhouse effect. The phase change materials in the thermal capacitor store the solar energy over a period of hours and then heat the propellant during a ‘burn’ phase.”).
Re Claim 4, PureTemp, i.v., Walsh, teaches the invention as claimed and as discussed above and PureTemp further teaches wherein the at least one of the two layers is a photonic crystal (labeled in the sole figure).
Re Claim 5, PureTemp, i.v., Walsh, teaches the invention as claimed and as discussed above and PureTemp further teaches further comprising at least two mirrors, wherein one of the at least two mirrors is a gold mirror (labeled in the sole figure) and the other of the at least two mirrors is a hot mirror (labeled in the sole figure), and wherein the mirrors do not touch another layer (in this case the photonic crystals layer) directly. As shown in the sole figure of PureTemp, silica aerogel spacers were located between the photonic crystals layer and the at least two mirrors.
Re Claim 6, PureTemp, i.v., Walsh, teaches the invention as claimed and as discussed above and PureTemp further teaches further comprising a thruster mount (labeled in the sole figure) [Examiner notes that the phrase “designed to limit heat transfer from the thruster mount by introducing longer heat transfer pathways” is a statement of intended use and the structure of the device as taught by PureTemp can perform the function because the thruster mount shown in the sole figure of PureTemp appears to be identical to the thruster mount (380) shown in Applicant’s Figs. 1 and 2.] designed to limit heat transfer from the thruster mount by introducing longer heat transfer pathways.
Re Claim 7, PureTemp, i.v., Walsh, teaches the invention as claimed and as discussed above and PureTemp further teaches wherein the phase change material thermal capacitor is used for space propulsion by collecting heat over a period of time and releasing the heat into a propellant in a shorter period of time. PureTemp teaches, on Pg. 2, third paragraph, “Normally, it is difficult to reach high enough temperatures to use water as propellant, but our optical filtration system is designed to reject long wavelengths of light and only transmit short wavelengths- similar to the greenhouse effect. The phase change materials in the thermal capacitor store the solar energy over a period of hours and then heat the propellant during a ‘burn’ phase.” The ‘burn phase’ reads on the shorter period of time.
Re Claim 8, PureTemp, i.v., Walsh, teaches the invention as claimed and as discussed above and PureTemp further teaches wherein the optical system is disposed on a top (labeled) of a spacecraft and a nozzle (labeled) is disposed on a rear (labeled) of the spacecraft. Since the Earth’s gravity does not exist in outer space there was nothing to serve as an orienting vector (like the direction of gravity on Earth) to distinguish top from bottom; therefore, any side or surface of the spacecraft could be identified as the ‘top’ when said side or surface of the spacecraft was facing the sun.
Re Claims 9 and 10, PureTemp, i.v., Walsh, teaches the invention as claimed and as discussed above, including wherein the [Examiner notes that the phrase “…spacecraft operates (Claim 9) at approximately 100 km altitude and (Claim 10) between about 100 km and 200 km altitude” is a statement of intended use and the structure of the device as taught by PureTemp, i.v., Walsh, can perform the function because PureTemp teaches, on Pg. 2, third paragraph “Cubesats are tiny satellites — weighing as little as 200 grams — that orbit close to Earth’s atmosphere”. Walsh further teaches, on Pg. 1, last paragraph, that the maximum altitude of Very Low Earth Orbit (VLEO) ranges from 300 km to 450 km which encompasses the claimed altitudes. The claims failed to recite any structural changes to the spacecraft for the different operational altitudes.] spacecraft operates (Claim 9) at approximately 100 km altitude and (Claim 10) between about 100 km and 200 km altitude.
Re Claim 11, PureTemp, i.v., Walsh, teaches the invention as claimed and as discussed above and PureTemp further teaches wherein the propulsion system is [Examiner notes that the phrase “…used for thermal rocket propulsion” is a statement of intended use and the structure of the device as taught by PureTemp, i.v., Walsh, can perform the function.] used for thermal rocket propulsion. PureTemp teaches, on Pg. 2, third paragraph, “Normally, it is difficult to reach high enough temperatures to use water as propellant, but our optical filtration system is designed to reject long wavelengths of light and only transmit short wavelengths- similar to the greenhouse effect. The phase change materials in the thermal capacitor store the solar energy over a period of hours and then heat the propellant during a ‘burn’ phase.”
Re Claim 12, PureTemp, i.v., Walsh, teaches the invention as claimed and as discussed above and PureTemp further teaches wherein the at least two layers (gold mirror and hot mirror) are selective emitters that increase temperatures of components (PureTemp teaches, on Pg. 2, third paragraph, “Normally, it is difficult to reach high enough temperatures to use water as propellant, but our optical filtration system is designed to reject long wavelengths of light and only transmit short wavelengths- similar to the greenhouse effect. The phase change materials in the thermal capacitor store the solar energy over a period of hours and then heat the propellant during a ‘burn’ phase.”), including those used in space, on other planets, or in a vacuum (Outer space was considered a vacuum since there is no atmosphere in space.), and wherein the at least two layers (gold mirror and hot mirror) of the optical transmission system do not touch the absorber directly. As shown in the sole figure of PureTemp, silica aerogel spacers were located between the at least one absorber (photonic crystals) and the at least two mirrors.
Re Claim 13, PureTemp, i.v., Walsh, teaches the invention as claimed and as discussed above and PureTemp further teaches wherein the propulsion system stores solar energy in the phase change material thermal capacitor for propulsion. PureTemp teaches, on Pg. 2, third paragraph, “The phase change materials in the thermal capacitor store the solar energy over a period of hours and then heat the propellant during a ‘burn’ phase.”
Re Claim 14, PureTemp, i.v., Walsh, teaches the invention as claimed and as discussed above and PureTemp further teaches wherein the propulsion system uses the phase change material thermal capacitor (PCM [Phase Change Material] Thermal Capacitor) coupled with a radiative heat transfer system (Photonic crystals) which may or may not be the optical transmission system. As shown in the sole figure of PureTemp, the Tantalum Photonic crystals were coupled to the cylindrical outer surface of the PCM [Phase Change Material] Thermal Capacitor.
Re Claim 15, PureTemp, i.v., Walsh, teaches the invention as claimed and as discussed above and PureTemp further teaches wherein the radiative heat transfer system (Tantalum Photonic crystals) increases the temperature of the phase change material (PCM [Phase Change Material] Thermal Capacitor) beyond its natural equilibrium. PureTemp teaches, on Pg. 2, third paragraph, “Normally, it is difficult to reach high enough temperatures to use water as propellant, but our optical filtration system is designed to reject long wavelengths of light and only transmit short wavelengths- similar to the greenhouse effect. The phase change materials in the thermal capacitor store the solar energy over a period of hours and then heat the propellant during a ‘burn’ phase.” PureTemp teaches, on Pg. 2, last paragraph, that the PCM [Phase Change Material] melted, i.e., change from solid phase to liquid phase, at a temperature of 700 Kelvin = 427 °C.
Re Claim 17, PureTemp, i.v., Walsh, teaches the invention as claimed and as discussed above including wherein the aerodynamic shell [Examiner notes that the phrase “…mitigates drag effects in low density atmospheres” is a statement of intended use and the structure of the device as taught by PureTemp, i.v., Walsh, can perform the function. As discussed in the Claim 1 rejection above, Walsh taught, in Abstract, Pg. 3, ll. 60 – 65, and Pg. 5, ll. 85 – 86, an aerodynamic shell, i.e., aeroshell, designed to minimize drag while maximizing internal volume of satellites operating in Very Low Earth Orbit (VLEO).] mitigates drag effects in low density atmospheres (like VLEO).
Re Claim 27, PureTemp, i.v., Walsh, teaches the invention as claimed and as discussed above and PureTemp further teaches wherein a phase change material (PCM [Phase Change Material] Thermal Capacitor) is used for space propulsion as an energy storage mechanism in the phase change material thermal capacitor to collect heat and cause melting of the phase change material (PureTemp teaches, on Pg. 2, last paragraph, that the PCM [Phase Change Material] melted, i.e., change from solid phase to liquid phase, at a temperature of 700 Kelvin = 427 °C.) for storage and to extract heat and cause solidification of the phase change material during propulsion. PureTemp teaches, on Pg. 2, third paragraph, “Normally, it is difficult to reach high enough temperatures to use water as propellant, but our optical filtration system is designed to reject long wavelengths of light and only transmit short wavelengths- similar to the greenhouse effect. The phase change materials in the thermal capacitor store the solar energy over a period of hours and then heat the propellant during a ‘burn’ phase.”
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over "Cubesat propulsion concept wins $225,000 NSF grant", Phase Change Matters Newsletter Feb 14, 2020 [accessed on 02/06/2024 at https://puretemp.com/?p=1654], hereinafter “PureTemp”, as evidenced by Caplin (5,806,800) and Beidleman et al. (7,806,370), in view of Walsh, J., Berthoud, L., & Allen, C. "Drag Reduction through Shape Optimisation for Satellites in Very Low Earth Orbit". Acta Astronautica, Vol. 179, September 18, 2020, hereinafter “Walsh” as applied to Claim 1 above, and further in view of Woollard, Bryce, “Mechanical Design of a Cubesat Aeroshell for an Earth Demonstration of a Single-Stage Drag Modulated Aerocapture”, AE8900 MS Special Problems Report, Space Systems Design Laboratory (SSDL), Georgia Institute of Technology, Atlanta, GA, August 5, 2016, hereinafter “Woollard”.
Re Claim 16, PureTemp, i.v., Walsh, teaches the invention as claimed and as discussed above; except, wherein the aerodynamic shell is aluminum, carbon fiber, steel, or titanium, and the aerodynamic shell is not used for gathering electrical energy.
Woollard teaches, in Figs. 39 and 40, Pg. 8, last paragraph, Pg. 10, first sentence, and Pg. 26, first and last sentences, a similar aerodynamic shell for a spacecraft, i.e., CubeSat, where the aerodynamic shell was made out of aluminum.
It would have been obvious, to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify PureTemp, i.v., Walsh, with the aerodynamic shell made out of aluminum, taught by Woollard, because all the claimed elements, i.e., the propulsion system having an aerodynamic shell and the aerodynamic shell being made out of aluminum, were known in the art, and one skilled in the art could have substituted the aluminum material, taught by Woollard, for the non-disclosed material of the aerodynamic shell of PureTemp, i.v., Walsh, with no change in their respective functions, to yield predictable results, i.e., the aluminum aerodynamic shell would have performed its designed and intended function of providing an aerodynamic shape to reduce the atmospheric drag on a spacecraft or satellite housed inside of the aerodynamic shell and the aluminum aerodynamic shell would not have been used for gathering electrical energy. KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1395; MPEP 2143(B). As evidenced by Caplin, in Fig. 1, Col. 1, ll. 40 – 50, Col. 3, ll. 10 – 20, and Col. 4, ll. 55 – 60, deployed solar arrays (18 – a pair of solar panels) converted sunlight into electricity to power an electric propulsion system (26 – two pairs of xenon ion propulsion engines). As evidenced by Beidleman, in Figs. 1 – 10B, Col. 2, ll. 40 – 50, and Col. 3, ll. 15 – 20, deployed solar arrays (120 – Fig. 1, the solar arrays deploying from a stowed position to a 100% deployed position was shown in Figs. 8, 9A, 9B, and 9C) converted sunlight into electricity to power an electric propulsion system of a spacecraft (110 - Col. 3, ll. 30 – 35). Consequently, it would have been obvious, to one of ordinary skill in the art, before the effective filing date of the claimed invention, that in the combination of PureTemp, i.v., Walsh and Woollard, the aerodynamic shell made out of aluminum would not have been used for gathering electrical energy because said aluminum aerodynamic shell was not a solar panel that converted sunlight into electricity.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Response to Arguments
Applicant's arguments filed 05/20/2026 have been fully considered but they are not persuasive.
Applicant’s arguments on Pg. 8, last paragraph continuing on to Pg. 9 regarding the treatment of the phrase “prevent long wavelengths of light from passing through the optical transmission system while allowing shorter wavelengths to pass through the optical transmission system” as being a statement of intended use is not persuasive. Applicant has failed to explain how said phrase structurally defined the at least two layers. Instead, said phrase described the intended use of the at least two layers only when expose to solar light, i.e., sunlight. When said at least two layers were not expose to solar light, i.e., sunlight, the functional intended use would not have happened because neither long wavelengths nor short wavelengths of light would have impinged on the at least two layers. The claim interpretation is maintained.
Applicant’s arguments on Pg. 9, second paragraph regarding PureTemp is not persuasive because, as discussed above, PureTemp teaches the same trademarked “ThermaSat” propulsion system described in Applicant’s Specification. Applicant’s Specification disclosed, in Para. [0005], “The present apparatus and system provides a high performance solar thermal thruster, referenced herein as ThermaSatTM that greatly expands CubeSat mission capabilities and mitigates the drawbacks of traditional propulsion systems.” PureTemp teaches on Pg. 2, third paragraph, “The ThermaSat works by heating liquid water propellant to high temperature steam using incident sunlight. … The phase change materials in the thermal capacitor store the solar energy over a period of hours and then heat the propellant during a ‘burn’ phase”. The rejections are maintained.
Applicant’s arguments on Pg. 9, second paragraph regarding Walsh is not persuasive because Walsh wasn’t used for teaching the propulsion system. As discussed above, Walsh was applied for teaching the aerodynamic shell. The rejections are maintained.
Applicant’s arguments on Pg. 9, third paragraph is not persuasive because Applicant is arguing apples and oranges. As discussed in the Claim 1 rejection above and as evidenced by Caplin, in Fig. 1, Col. 1, ll. 40 – 50, Col. 3, ll. 10 – 20, and Col. 4, ll. 55 – 60, and/or Beidleman, in Figs. 1 – 10B, Col. 2, ll. 40 – 50, and Col. 3, ll. 15 – 20, electric propulsion systems for spacecraft conventionally required solar arrays (an array of solar panels) to be deployed so that the solar panels would have converted sunlight into electricity to power the electric propulsion system to generate thrust to propel the spacecraft. The claimed ThermaSat Solar Thermal Propulsion System taught by PureTemp was not an electric propulsion system; therefore, the ThermaSat Solar Thermal Propulsion System taught by PureTemp did not need deployed solar arrays/panels to convert sunlight into electricity to power the ThermaSat Solar Thermal Propulsion System. Instead, the ThermaSat Solar Thermal Propulsion System taught by PureTemp directly used sunlight to heat water into steam, i.e., boiling water, and the hot steam was ejected out of the nozzle thereby generating thrust to propel the spacecraft. Consequently, the reason PureTemp was silent on “deployed solar arrays” is because the ThermaSat Solar Thermal Propulsion System taught by PureTemp was powered by direct sunlight and not sunlight converted into electricity by “deployed solar arrays”. In other words, the type of power used to generate thrust by the ThermaSat Solar Thermal Propulsion System (thermal power) taught by PureTemp and electric propulsion systems (electrical power) of the prior art are completely different. Correspondingly, the structures and operations of the ThermaSat Solar Thermal Propulsion System taught by PureTemp and electric propulsion systems of the prior art are completely different. The rejections are maintained.
Correspondence
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/LORNE E MEADE/Primary Examiner, Art Unit 3741
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