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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/23/2026 has been entered.
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 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 of this title, 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.
Claims 1-2, 5-10, 13-14 and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Kuhn et al. (US PG Pub. 2011/0253344A1) in view of Qian et al. (Publication “An experimental investigation on transpiration cooling”) and in further view of Tamaki et al. (Translation of WO2017170605A1), hereinafter referred to as Kuhn, Qian and Tamaki, respectively.
Regarding Claim 1, Kuhn discloses a method comprising:
obtaining thermal energy from a structure to be cooled (“The corresponding fluid may in this case be used as a cooling medium in order in particular to realize transpiration cooling and/or effusion cooling”, ¶64), the structure comprising micro-channels (26, “The channels 26 may be realized in different ways. They may be manufactured for example ‘macroscopically’, such as for example by means of bores. They may be manufactured ‘microscopically’ by means of cracks in the first material region 16”,¶65);
selectively blocking the micro-channels (“The protective structure 10 is disposed on the element 12. If this system is exposed to ‘too high’ a temperature, i.e. one that lies above a temperature threshold, the activating medium 36 is activated. The sealing of the first material region 16 is terminated as a result of decomposition of the activating medium 36 and the channels 26 are unblocked”, ¶77):
providing the thermal energy to a water-based network (“The reaction medium and/or cooling medium is selected in dependence upon the application. Possible media are for example water, a primary material, wax, Teflon, inert cooling gases etc”,¶92), the water-based network comprising a gel (“Solid, gaseous, liquid reaction media and/or cooling media or alternatively reaction media and/or cooling media in gel form may be stored”, ¶18) formed using water (see previous annotation);
generating gas by heating the water-based network (“This means for example that a cooling medium is able to complete one or more phase changes more rapidly. In this way, for example in the case of transpiration cooling and/or effusion cooling greater efficiency may be achieved”,¶16), wherein generating gas comprises releasing the water in the water-based network to produce steam (see previous annotation, wherein phase change occurs with a cooling medium, such as water, to produce transpiration cooling); and
passing the gas through the micro-channels to remove at least some of the thermal energy from the structure (shown in figure 1, wherein the medium flows through the channels (26)) and wherein
the gel functions as a deformable solid (Kuhn teaches a gel (see ¶18), wherein said gel is deformable) that is retained within the structure (shown in figure 1) and is not expelled through the micro-channels by internal pressure generated during the generating step, such that only the gas passes through the micro-channels (“This means for example that a cooling medium is able to complete one or more phase changes more rapidly. In this way, for example in the case of transpiration cooling and/or effusion cooling greater efficiency may be achieved” (¶16) and “As a result, compared to heating caused purely by radiation, more heat is supplied to the cooling medium. The cooling medium may therefore complete one or two phase changes more rapidly; this in turn increases the cooling efficiency” (¶80)). It is noted that Kuhn discloses a cooling medium in gel form, wherein said gel may undergo one or two phase changes prior to being expelled from the cooling medium storage. Therefore, as gel having undergone one or two phase changes results in a gas being released from said coolant storage.
Although Kuhn discloses a gel, Kuhn fails to disclose at least one additional material comprising a salt, wherein the at least one additional material is mixed or dissolved in the water.
Tamaki, also drawn to a water-based polymer network comprising a gel (“the acrylic acid (salt) monomer aqueous solution obtained in the monomer aqueous solution preparation step is polymerized to form a water-containing gel-like crosslinked polymer (hereinafter referred to as ‘water-containing gel’)”), teaches at least one additional material comprising a salt, wherein the at least one additional material is mixed or dissolved in the water (“it is preferable to add α-hydroxycarboxylic acid from the viewpoint of water absorption characteristics and color tone (anti-coloring) of the resulting water-absorbing agent. Further, by adding α-hydroxycarboxylic acid, the soluble component molecular weight of the resulting water-absorbing agent is reduced, and thus stickiness and discomfort when used as a sanitary material are reduced… the α-hydroxycarboxylic acid is a salt”). It is noted that Kuhn discloses the gas passing through the channels for transpiration cooling, wherein Tamaki teaches the addition of a salt is known for a water-based gel. Therefore a modified Kuhn having the salt as taught by Tamaki further teaches the production one or more additional gases based on the at least one additional material.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Kuhn with at least one additional material comprising a salt, wherein the at least one additional material is mixed or dissolved in the water and (ii) producing one or more additional gases based on the at least one additional material, as taught by Tamaki, the motivation being to regulate the water absorption rate, control the end product color or to lessen the soluble component’s molecular weight.
Kuhn fails to disclose a water-based polymer network and a gel formed using a polymer and water and generating multiple gases by heating the water-based polymer network, wherein generating multiple gases comprises (i) releasing the water in the water-based polymer network to produce steam and (ii) decomposing the polymer to produce one or more gases for transpiration.
Qian, also drawn to transpirational cooling for hypersonic vehicles, teaches a water-based polymer network and a gel formed using a polymer and water (“transpiration cooling using solidified water as coolant. In the work, a commercial superabsorbent polymer, SAP-50, was used to make swollen hydrogel”, abstract) and generating multiple gases by heating the water-based polymer network, wherein generating multiple gases comprises (i) releasing the water in the water-based polymer network to produce steam (“solid-coolant transpiration cooling (STC). The solidified water is placed beneath porous shell in advance, absorbs the heat from outside, which induces coolant phase change from solid to vapor”, Section 1, Pg. 2) and (ii) decomposing the polymer to produce one or more gases for transpiration (“When the temperature rises up to 674 K, the hydrogel is fully shrunk and the relict is only the polymer. From 674 K to 730 K, the rest of polymer is gradually decomposed”, Section 2.1, Pg. 2, see also figure 1). It is noted that Kuhn discloses the gas passing through the channels for transpiration cooling, wherein Qian teaches that it is known to produce a gas from both a polymer and water during transpirational cooling.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Kuhn with the aforementioned limitations, as taught by Qian, the motivation being to provide “approximate transpiration cooling effect” and “the hydrogel coolant can provide a longer acting time, and get a more homogenous cooling effectiveness distribution”, see abstract.
Regarding Claim 2, a modified Kuhn further teaches the one or more gases for transpiration are produced based on an endothermic reaction (the coolant and polymer absorb heat for cooling) involving the polymer (“SAP-50”) in the water-based polymer network (“The hydrogel used in this work is made of a commercial superabsorbent polymer (SAP), i.e., SAP-50 (Usolf product), and the mass ratio of deionized water”, see Section 2.1.1, Pg. 2).
Regarding Claim 5, a modified Kuhn further teaches the polymer comprises sodium polyacrylate (see data sheet for SAP-50, “the main chemical component of SAP is a low-crosslinked sodium polyacrylic acid”).
Regarding Claim 6, a modified Kuhn further teaches the water-based polymer network does not produce liquid water when heated by the thermal energy to generate the multiple gases (Qian states, “The SAP hydrogel losses its weight quickly from 300 K to 447 K, and this process lasts for about 15 min. (2) After this process, the weight loss can reach 98.85%, which implies that most of the water fixed in the hydrogel is still active and can participate in heat and mass transfer”, see Section 2.1.1, Pg. 2, wherein no water is produced only removed from the hydrogel).
Regarding Claim 7, a modified Kuhn further teaches unblocking the selectively blocked micro-channels to permit passage of the multiple gases (the multiple gasses are previously taught by Qian in the rejection of Claim 1) through the micro-channels (“The activating of the activating medium may be effected for example thermally. The activating medium may in this case decompose or melt open and hence release the channels”, ¶31 of Kuhn).
Regarding Claim 8, a modified Kuhn further teaches unblocking the selectively blocked micro-channels comprises one of: liquifying a material blocking the selectively blocked micro-channels and pushing the liquified material out of the micro-channels (“The activating of the activating medium may be effected for example thermally. The activating medium may in this case decompose or melt open and hence release the channels”, ¶31 of Kuhn).
Regarding Claim 9, Kuhn discloses an apparatus comprising:
a structure to be cooled (“The corresponding fluid may in this case be used as a cooling medium in order in particular to realize transpiration cooling and/or effusion cooling”, ¶64), the structure comprising micro-channels (26, “The channels 26 may be realized in different ways. They may be manufactured for example ‘macroscopically’, such as for example by means of bores. They may be manufactured ‘microscopically’ by means of cracks in the first material region 16”,¶65) that are configured to be selectively blocked (“The protective structure 10 is disposed on the element 12. If this system is exposed to ‘too high’ a temperature, i.e. one that lies above a temperature threshold, the activating medium 36 is activated. The sealing of the first material region 16 is terminated as a result of decomposition of the activating medium 36 and the channels 26 are unblocked”, ¶77); and
a water-based network configured to receive thermal energy from the structure (“The reaction medium and/or cooling medium is selected in dependence upon the application. Possible media are for example water, a primary material, wax, Teflon, inert cooling gases etc”,¶92), the water-based network comprising a gel (“Solid, gaseous, liquid reaction media and/or cooling media or alternatively reaction media and/or cooling media in gel form may be stored”, ¶18) formed using water (see previous annotation),
the water-based network configured when heated to generate gas (“This means for example that a cooling medium is able to complete one or more phase changes more rapidly. In this way, for example in the case of transpiration cooling and/or effusion cooling greater efficiency may be achieved”,¶16), the gas comprising (i) the water in the water-based network released into steam (see previous annotation, wherein phase change occurs with a cooling medium, such as water, to produce transpiration cooling); wherein
the micro-channels are configured to allow passage of the gas in order to remove at least some of the thermal energy from the structure (shown in figure 1, wherein the medium flows through the channels (26)) and wherein
the gel functions as a deformable solid (Kuhn teaches a gel (see ¶18), wherein said gel is deformable) that is retained within the structure (shown in figure 1) and is not expelled through the micro-channels by internal pressure generated while generating the gas, such that only gas pass through the micro-channels (“This means for example that a cooling medium is able to complete one or more phase changes more rapidly. In this way, for example in the case of transpiration cooling and/or effusion cooling greater efficiency may be achieved” (¶16) and “As a result, compared to heating caused purely by radiation, more heat is supplied to the cooling medium. The cooling medium may therefore complete one or two phase changes more rapidly; this in turn increases the cooling efficiency” (¶80)).
Regarding Claim 9, MPEP 2114 II clearly states “[A]pparatus claims cover what a device is, not what a device does" and a claim having a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim.” Because Claim 9 fails to further limit the apparatus in terms of structure, but rather only recite further functional limitations, regarding “the gel functions as a deformable solid that is retained within the structure and is not expelled through the micro-channels by internal pressure generated while generating the multiple gases, such that only the multiple gases pass through the micro-channels”, the invention as taught by Kuhn is deemed fully capable of performing such function. Kuhn comprises a gel being positioned within a region that is capable of not being expelled through the micro-channels by internal pressure generated while generating the multiple gases, such that only the multiple gases pass through the micro-channels. Therefore, the claim limitations are met by the combination of the references put forth in this action.
Although Kuhn discloses a gel, Kuhn fails to disclose at least one additional material comprising a salt, wherein the at least one additional material is mixed or dissolved in the water.
Tamaki, also drawn to a water-based polymer network comprising a gel (“the acrylic acid (salt) monomer aqueous solution obtained in the monomer aqueous solution preparation step is polymerized to form a water-containing gel-like crosslinked polymer (hereinafter referred to as ‘water-containing gel’)”), teaches at least one additional material comprising a salt, wherein the at least one additional material is mixed or dissolved in the water (“it is preferable to add α-hydroxycarboxylic acid from the viewpoint of water absorption characteristics and color tone (anti-coloring) of the resulting water-absorbing agent. Further, by adding α-hydroxycarboxylic acid, the soluble component molecular weight of the resulting water-absorbing agent is reduced, and thus stickiness and discomfort when used as a sanitary material are reduced… the α-hydroxycarboxylic acid is a salt”). It is noted that Kuhn discloses the gas passing through the channels for transpiration cooling, wherein Tamaki teaches the addition of a salt is known for a water-based gel. Therefore a modified Kuhn having the salt as taught by Tamaki further teaches the production one or more additional gases based on the at least one additional material.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Kuhn with at least one additional material comprising a salt, wherein the at least one additional material is mixed or dissolved in the water and (ii) producing one or more additional gases based on the at least one additional material, as taught by Tamaki, the motivation being to regulate the water absorption rate, control the product color or to lessen the soluble component’s molecular weight.
Kuhn fails to disclose a water-based polymer network configured to receive thermal energy from the structure, the water-based polymer network comprising a gel formed using a polymer and water, the water-based polymer network configured when heated to generate multiple gases, the multiple gases comprising (ii) one or more gases for transpiration produced by decomposition of the polymer.
Qian, also drawn to transpirational cooling for hypersonic vehicles, teaches a water-based polymer network and a gel formed using a polymer and water (“transpiration cooling using solidified water as coolant. In the work, a commercial superabsorbent polymer, SAP-50, was used to make swollen hydrogel”, abstract) and the water-based polymer network configured when heated to generate multiple gases, the multiple gases comprising (i) the water in the water-based polymer network released into steam (“solid-coolant transpiration cooling (STC). The solidified water is placed beneath porous shell in advance, absorbs the heat from outside, which induces coolant phase change from solid to vapor”, Section 1, Pg. 2) and one or more gases for transpiration produced by decomposition of the polymer (“When the temperature rises up to 674 K, the hydrogel is fully shrunk and the relict is only the polymer. From 674 K to 730 K, the rest of polymer is gradually decomposed”, Section 2.1, Pg. 2, see also figure 1). It is noted that Kuhn discloses the gas passing through the channels for transpiration cooling, wherein Qian teaches that it is known to produce a gas from both a polymer and water during transpirational cooling.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Kuhn with the aforementioned limitations, as taught by Qian, the motivation being to provide “approximate transpiration cooling effect” and “the hydrogel coolant can provide a longer acting time, and get a more homogenous cooling effectiveness distribution”, see abstract.
Regarding Claim 10, a modified Kuhn further teaches the one or more gases for transpiration are produced based on an endothermic reaction (the coolant and polymer absorb heat for cooling) involving the polymer (“SAP-50”) in the water-based polymer network (“The hydrogel used in this work is made of a commercial superabsorbent polymer (SAP), i.e., SAP-50 (Usolf product), and the mass ratio of deionized water”, see Section 2.1.1, Pg. 2).
Regarding Claim 13, a modified Kuhn further teaches the polymer comprises sodium polyacrylate (see data sheet for SAP-50, “the main chemical component of SAP is a low-crosslinked sodium polyacrylic acid”).
Regarding Claim 14, a modified Kuhn further teaches a material configured to block the micro-channels until liquified and pushed out of the micro-channels (“The activating of the activating medium may be effected for example thermally. The activating medium may in this case decompose or melt open and hence release the channels”, ¶31 of Kuhn).
Regarding Claim 22, a modified Kuhn further teaches decomposing the polymer to produce the one or more gases (see rejection of Claim 1, Qian states, “When the temperature rises up to 674 K, the hydrogel is fully shrunk and the relict is only the polymer. From 674 K to 730 K, the rest of polymer is gradually decomposed”, Section 2.1, Pg. 2, see also figure 1) occurs through an endothermic process that provides further cooling (see rejection of Claim 1, Qian states, “transpiration cooling using solidified water as coolant. In the work, a commercial superabsorbent polymer, SAP-50, was used to make swollen hydrogel”, abstract).
Regarding Claim 23, a modified Kuhn further teaches decomposition of the polymer to produce the one or more gases (see rejection of Claim 1, Qian states, “When the temperature rises up to 674 K, the hydrogel is fully shrunk and the relict is only the polymer. From 674 K to 730 K, the rest of polymer is gradually decomposed”, Section 2.1, Pg. 2, see also figure 1) occurs through an endothermic process that provides further cooling (see rejection of Claim 1, Qian states, “transpiration cooling using solidified water as coolant. In the work, a commercial superabsorbent polymer, SAP-50, was used to make swollen hydrogel”, abstract).
Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kuhn et al. (US PG Pub. 2011/0253344A1) in view of Qian et al. (Publication “An experimental investigation on transpiration cooling performances using solid hydrogel as coolant”) in further view of Tamaki et al. (Translation of WO2017170605A1) as applied in Claims 1-2, 5-10, 13-14 and 22-23 above and in further view of Coppola et al. (US PG Pub. 2017/0089618A1), hereinafter referred to as Coppola.
Regarding Claim 4, a modified Kuhn fails to disclose the at least one additional material comprises glycol.
Coppola, also drawn to a transpirational cooling, teaches at least one additional material mixed or dissolved in water and the at least one additional material comprises glycol (“Depending on the application desired, a skilled artisan can design a fluid possessing properties conducive to effect cooling, evaporation and replenishment. Some examples include ammonia, alcohols (e.g., ethanol), glycols, ketones (e.g., acetone), aldehydes, amines, amides, or combinations thereof, or a mixture of water with one or more of the above fluids”, ¶64). A modified Kuhn further teaches generating the one or more gases further comprises producing one or more additional gases based on the at least one additional material (Kuhn and Coppola teach evaporating a working fluid to alter cooling, wherein a modified Kuhn having an additive further teaches said additive being evaporated and producing a gas. Further, the aforementioned additives taught in Coppola are well known to influence cooling properties).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the working fluid of Kuhn with the aforementioned limitations, as taught by Coppola, the motivation being to influence the cooling properties of the working fluid, such as phase change temperature, volitivity, viscosity, cooling capability etc..
Regarding Claim 12, a modified Kuhn fails to disclose the at least one additional material comprises glycol.
Coppola, also drawn to a transpirational cooling, teaches at least one additional material mixed or dissolved in water and the at least one additional material comprises glycol (“Depending on the application desired, a skilled artisan can design a fluid possessing properties conducive to effect cooling, evaporation and replenishment. Some examples include ammonia, alcohols (e.g., ethanol), glycols, ketones (e.g., acetone), aldehydes, amines, amides, or combinations thereof, or a mixture of water with one or more of the above fluids”, ¶64). A modified Kuhn further teaches generating the one or more gases further comprises producing one or more additional gases based on the at least one additional material (Kuhn and Coppola teach evaporating a working fluid to alter cooling, wherein a modified Kuhn having an additive further teaches said additive being evaporated and producing a gas. Further, the aforementioned additives taught in Coppola are well known to influence cooling properties).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the working fluid of Kuhn with the aforementioned limitations, as taught by Coppola, the motivation being to influence the cooling properties of the working fluid, such as phase change temperature, volitivity, viscosity, cooling capability etc..
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable Kuhn et al. (US PG Pub. 2011/0253344A1) in view of Qian et al. (Publication “An experimental investigation on transpiration cooling performances using solid hydrogel as coolant”) in further view of Tamaki et al. (Translation of WO2017170605A1), as applied in Claims 1-2, 5-10, 13-14 and 22-23 above and in further view of Herzberg et al. (US PG Pub. 2015/0354907A1), hereinafter referred to as Herzberg.
Regarding Claim 15, Kuhn fails to disclose one or more valves configured to block and unblock the micro-channels
Herzberg further discloses one or more valves (112) configured to block and unblock the micro-(micro channels are previously taught by Wang in the rejection of Claim 9) channels (shown in figure 1).
The rationale to support a conclusion that the claim would have been obvious is that the substitution of one known element for another yields predictable results to one of ordinary skill in the art. If any of these findings cannot be made, then this rationale cannot be used to support a conclusion that the claim would have been obvious to one of ordinary skill in the art.
Per MPEP 2143-I, a simple substitution of one known element for another, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the simple substitution is related to substituting an activating medium (36) with a valve for regulating the release of working medium in a transpirational cooling system; further the prior art to Herzberg teaches a valve is known for regulating the flow of the working medium out of a storage region. Therefore, since modifying the prior art to Kuhn with having a valve for regulating the release of working medium in a transpirational cooling system, can easily be made without any change in the operation of the transpirational cooling system; and in view of the teachings of the prior art to Herzberg there will be reasonable expectations of success, it would have been obvious to have modified the invention of Kuhn by having a valve for regulating the release of working medium in a transpirational cooling system in order to have a reusable mechanism for cooling a heated surface.
Claims 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kuhn et al. (US PG Pub. 2011/0253344A1) in view of Sully (USP 3014353) in view of Qian et al. (Publication “An experimental investigation on transpiration cooling performances using solid hydrogel as coolant”) and in further view of Tamaki et al. (Translation of WO2017170605A1).
Regarding Claim 16, Kuhn discloses a flight vehicle (“missile”, ¶15) comprising:
a body comprising a leading edge (a missile comprises a body and leading edge), an outer structure having micro-channels ((26, “The channels 26 may be realized in different ways. They may be manufactured for example ‘macroscopically’, such as for example by means of bores. They may be manufactured ‘microscopically’ by means of cracks in the first material region 16”,¶65) that are configured to be selectively blocked (“The protective structure 10 is disposed on the element 12. If this system is exposed to ‘too high’ a temperature, i.e. one that lies above a temperature threshold, the activating medium 36 is activated. The sealing of the first material region 16 is terminated as a result of decomposition of the activating medium 36 and the channels 26 are unblocked”, ¶77); and
a water-based network configured to receive thermal energy from an edge (“The reaction medium and/or cooling medium is selected in dependence upon the application. Possible media are for example water, a primary material, wax, Teflon, inert cooling gases etc”,¶92), the water-based polymer network comprising a gel (“Solid, gaseous, liquid reaction media and/or cooling media or alternatively reaction media and/or cooling media in gel form may be stored”, ¶18) formed with water (see previous annotation),
the water-based network configured when heated to generate one or more gases (“This means for example that a cooling medium is able to complete one or more phase changes more rapidly. In this way, for example in the case of transpiration cooling and/or effusion cooling greater efficiency may be achieved”,¶16), the one or more gases comprising the water in the water-based network released into steam (see previous annotation, wherein phase change occurs with a cooling medium, such as water, to produce transpiration cooling); wherein
the micro-channels are configured to allow passage of the one or more gases in order to remove at least some of the thermal energy from the edge (shown in figure 1, wherein the medium flows through the channels (26)) and wherein
the gel functions as a deformable solid (Kuhn teaches a gel (see ¶18), wherein said gel is deformable) that is retained within the structure (shown in figure 1) and is not expelled through the micro-channels by internal pressure generated while generating the gas, such that only the gas passes through the micro-channels (“This means for example that a cooling medium is able to complete one or more phase changes more rapidly. In this way, for example in the case of transpiration cooling and/or effusion cooling greater efficiency may be achieved” (¶16) and “As a result, compared to heating caused purely by radiation, more heat is supplied to the cooling medium. The cooling medium may therefore complete one or two phase changes more rapidly; this in turn increases the cooling efficiency” (¶80)).
Regarding Claim 16, MPEP 2114 II clearly states “[A]pparatus claims cover what a device is, not what a device does" and a claim having a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim.” Because Claim 16 fails to further limit the apparatus in terms of structure, but rather only recite further functional limitations, regarding “the gel functions as a deformable solid that is retained within the structure and is not expelled through the micro-channels by internal pressure generated while generating the multiple gases, such that only the multiple gases pass through the micro-channels”, the invention as taught by Kuhn is deemed fully capable of performing such function. Kuhn comprises a gel being positioned within a region that is capable of not being expelled through the micro-channels by internal pressure generated while generating the multiple gases, such that only the multiple gases pass through the micro-channels. Therefore, the claim limitations are met by the combination of the references put forth in this action.
Although Kuhn discloses a gel, Kuhn fails to disclose at least one additional material comprising a salt, wherein the at least one additional material is mixed or dissolved in the water.
Tamaki, also drawn to a water-based polymer network comprising a gel (“the acrylic acid (salt) monomer aqueous solution obtained in the monomer aqueous solution preparation step is polymerized to form a water-containing gel-like crosslinked polymer (hereinafter referred to as ‘water-containing gel’)”), teaches at least one additional material comprising a salt, wherein the at least one additional material is mixed or dissolved in the water (“it is preferable to add α-hydroxycarboxylic acid from the viewpoint of water absorption characteristics and color tone (anti-coloring) of the resulting water-absorbing agent. Further, by adding α-hydroxycarboxylic acid, the soluble component molecular weight of the resulting water-absorbing agent is reduced, and thus stickiness and discomfort when used as a sanitary material are reduced… the α-hydroxycarboxylic acid is a salt”). It is noted that Kuhn discloses the gas passing through the channels for transpiration cooling, wherein Tamaki teaches the addition of a salt is known for a water-based gel. Therefore a modified Kuhn having the salt as taught by Tamaki further teaches the production one or more additional gases based on the at least one additional material.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Kuhn with at least one additional material comprising a salt, wherein the at least one additional material is mixed or dissolved in the water and (ii) producing one or more additional gases based on the at least one additional material, as taught by Tamaki, the motivation being to regulate the water absorption rate, control the product color or to lessen the soluble component’s molecular weight.
Kuhn fails to disclose the leading edge comprising an outer structure having micro-channels.
Sully, also drawn to transpiration cooling of an aerospace component, teaches a leading edge (shown in figure 1 being a nosecone) comprising an outer structure having channels (23, shown in figure 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the device of Kuhn on a leading edge, as taught by Sully, the motivation being to reduce the temperature of the aerospace device due to friction in order to mitigate degradation or failure.
Kuhn fails to disclose the water-based polymer network comprising a gel formed using a polymer and water, the water-based polymer network configured when heated to generate multiple gases, the multiple gases comprising {i) the water in the water-based polymer network released into steam and (ii) one or more gases for transpiration produced by decomposition of the polymer.
Qian, also drawn to transpirational cooling for hypersonic vehicles, teaches the water-based polymer network comprising a gel formed using a polymer and water (“transpiration cooling using solidified water as coolant. In the work, a commercial
superabsorbent polymer, SAP-50, was used to make swollen hydrogel”, abstract) the water-based polymer network configured when heated to generate multiple gases, the multiple gases comprising {i) the water in the water-based polymer network released into steam (“solid-coolant transpiration cooling (STC). The solidified water is placed beneath porous shell in advance, absorbs the heat from outside, which induces coolant phase change from solid to vapor”, Section 1, Pg. 2) and (ii) one or more gases for transpiration produced by decomposition of the polymer (“When the temperature rises up to 674 K, the hydrogel is fully shrunk and the relict is only the polymer. From 674 K to 730 K, the rest of polymer is gradually decomposed”, Section 2.1, Pg. 2, see also figure 1). It is noted that Kuhn discloses the gas passing through the channels for transpiration cooling, wherein Qian teaches that it is known to produce a gas from both a polymer and water during transpirational cooling.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Kuhn with the aforementioned limitations, as taught by Qian, the motivation being to provide “approximate transpiration cooling effect” and “the hydrogel coolant can provide a longer acting time, and get a more homogenous cooling effectiveness distribution”, see abstract.
Further, a modified Kuhn having the polymer of Qian and being placed on a leading edge, as taught by Scully, further teaches a water-based polymer network configured to receive thermal energy from the leading edge and the micro-channels are configured to allow passage of the one or more multiple gases in order to remove at least some of the thermal energy from the leading edge (see previous rejection, wherein Sully discloses the cooling system being placed on a leading edge).
Regarding Claim 17, a modified Kuhn further teaches at least one of: the one or more gases for transpiration are produced based on an endothermic reaction (the coolant and polymer absorb heat for cooling) involving the polymer (“SAP-50”) in the water-based polymer network (“The hydrogel used in this work is made of a commercial superabsorbent polymer (SAP), i.e., SAP-50 (Usolf product), and the mass ratio of deionized water”, see Section 2.1.1, Pg. 2).
Regarding Claim 18, a modified Kuhn further teaches the polymer comprises sodium polyacrylate (see data sheet for SAP-50, “the main chemical component of SAP is a low-crosslinked sodium polyacrylic acid”).
Regarding Claim 19, a modified Kuhn further teaches a material configured to block the micro-channels until liquified and pushed out of the micro-channels (“The activating of the activating medium may be effected for example thermally. The activating medium may in this case decompose or melt open and hence release the channels”, ¶31 of Kuhn).
Regarding Claim 20, a modified Kuhn further teaches the body comprises a nosecone (shown in figure 1 of Sully);
the leading edge is associated with the nosecone (shown in figure 1 of Sully); and
the water-based polymer network is positioned within the nosecone (shown in figure 1 of Sully).
Regarding Claim 21, a modified Kuhn further teaches one of: the water-based polymer network in the nosecone is capable of being replaced; and the nosecone with the water-based polymer network is capable of being replaced (shown in figure 1, wherein the nose cone of the missile that contains the water-based polymer network is capable of being replaced).
Claims 1-2, 4-10, 13-14 and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Kuhn et al. (US PG Pub. 2011/0253344A1) in view of Qian et al. (Publication “An experimental investigation on transpiration cooling”) and in further view of Lange (Translation of DE4415946A1), hereinafter referred to as Kuhn, Qian and Lange, respectively.
Regarding Claim 1, Kuhn discloses a method comprising:
obtaining thermal energy from a structure to be cooled (“The corresponding fluid may in this case be used as a cooling medium in order in particular to realize transpiration cooling and/or effusion cooling”, ¶64), the structure comprising micro-channels (26, “The channels 26 may be realized in different ways. They may be manufactured for example ‘macroscopically’, such as for example by means of bores. They may be manufactured ‘microscopically’ by means of cracks in the first material region 16”,¶65);
selectively blocking the micro-channels (“The protective structure 10 is disposed on the element 12. If this system is exposed to ‘too high’ a temperature, i.e. one that lies above a temperature threshold, the activating medium 36 is activated. The sealing of the first material region 16 is terminated as a result of decomposition of the activating medium 36 and the channels 26 are unblocked”, ¶77):
providing the thermal energy to a water-based network (“The reaction medium and/or cooling medium is selected in dependence upon the application. Possible media are for example water, a primary material, wax, Teflon, inert cooling gases etc”,¶92), the water-based network comprising a gel (“Solid, gaseous, liquid reaction media and/or cooling media or alternatively reaction media and/or cooling media in gel form may be stored”, ¶18) formed using water (see previous annotation);
generating gas by heating the water-based network (“This means for example that a cooling medium is able to complete one or more phase changes more rapidly. In this way, for example in the case of transpiration cooling and/or effusion cooling greater efficiency may be achieved”,¶16), wherein generating gas comprises releasing the water in the water-based network to produce steam (see previous annotation, wherein phase change occurs with a cooling medium, such as water, to produce transpiration cooling); and
passing the gas through the micro-channels to remove at least some of the thermal energy from the structure (shown in figure 1, wherein the medium flows through the channels (26)) and wherein
the gel functions as a deformable solid (Kuhn teaches a gel (see ¶18), wherein said gel is deformable) that is retained within the structure (shown in figure 1) and is not expelled through the micro-channels by internal pressure generated during the generating step, such that only the gas passes through the micro-channels (“This means for example that a cooling medium is able to complete one or more phase changes more rapidly. In this way, for example in the case of transpiration cooling and/or effusion cooling greater efficiency may be achieved” (¶16) and “As a result, compared to heating caused purely by radiation, more heat is supplied to the cooling medium. The cooling medium may therefore complete one or two phase changes more rapidly; this in turn increases the cooling efficiency” (¶80)). It is noted that Kuhn discloses a cooling medium in gel form, wherein said gel may undergo one or two phase changes prior to being expelled from the cooling medium storage. Therefore, as gel having undergone one or two phase changes results in a gas being released from said coolant storage.
Although Kuhn discloses a gel, Kuhn fails to disclose at least one additional material comprising a salt, wherein the at least one additional material is mixed or dissolved in the water.
Lange, also drawn to a gel (6) phase change material for thermal storage, teaches at least one additional material comprising a salt, wherein the at least one additional material is mixed or dissolved in the water (“In the case of water as a cooling substance, this can occur in simply by adding freezing point degrading antifreeze such as salts or glycols, possibly in different concentrations, will be realized”). It is noted that Kuhn discloses the gas passing through the channels for transpiration cooling, wherein Lange teaches the addition of a salt is known for a water-based gel in order to control a freezing temperature of said gel. Therefore, a modified Kuhn having the salt as taught by Lange, further teaches the production one or more additional gasses based on the at least one additional material.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Kuhn with at least one additional material comprising a salt, wherein the at least one additional material is mixed or dissolved in the water and (ii) producing one or more additional gases based on the at least one additional material, as taught by Lange, the motivation being to regulate the freezing temperature of the water or rather to limit any volume expansion of said working medium within a predetermined temperature range.
Kuhn fails to disclose a water-based polymer network and a gel formed using a polymer and water and generating multiple gases by heating the water-based polymer network, wherein generating multiple gases comprises (i) releasing the water in the water-based polymer network to produce steam and (ii) decomposing the polymer to produce one or more gases for transpiration.
Qian, also drawn to transpirational cooling for hypersonic vehicles, teaches a water-based polymer network and a gel formed using a polymer and water (“transpiration cooling using solidified water as coolant. In the work, a commercial superabsorbent polymer, SAP-50, was used to make swollen hydrogel”, abstract) and generating multiple gases by heating the water-based polymer network, wherein generating multiple gases comprises (i) releasing the water in the water-based polymer network to produce steam (“solid-coolant transpiration cooling (STC). The solidified water is placed beneath porous shell in advance, absorbs the heat from outside, which induces coolant phase change from solid to vapor”, Section 1, Pg. 2) and (ii) decomposing the polymer to produce one or more gases for transpiration (“When the temperature rises up to 674 K, the hydrogel is fully shrunk and the relict is only the polymer. From 674 K to 730 K, the rest of polymer is gradually decomposed”, Section 2.1, Pg. 2, see also figure 1). It is noted that Kuhn discloses the gas passing through the channels for transpiration cooling, wherein Qian teaches that it is known to produce a gas from both a polymer and water during transpirational cooling.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Kuhn with the aforementioned limitations, as taught by Qian, the motivation being to provide “approximate transpiration cooling effect” and “the hydrogel coolant can provide a longer acting time, and get a more homogenous cooling effectiveness distribution”, see abstract.
Regarding Claim 2, a modified Kuhn further teaches the one or more gases for transpiration are produced based on an endothermic reaction (the coolant and polymer absorb heat for cooling) involving the polymer (“SAP-50”) in the water-based polymer network (“The hydrogel used in this work is made of a commercial superabsorbent polymer (SAP), i.e., SAP-50 (Usolf product), and the mass ratio of deionized water”, see Section 2.1.1, Pg. 2).
Regarding Claim 4, a modified Kuhn further teaches the at least one additional material comprises glycol (“In the case of water as a cooling substance, this can occur in simply by adding freezing point degrading antifreeze such as salts or glycols, possibly in different concentrations, will be realized” of Lange).
Regarding Claim 5, a modified Kuhn further teaches the polymer comprises sodium polyacrylate (see data sheet for SAP-50, “the main chemical component of SAP is a low-crosslinked sodium polyacrylic acid”).
Regarding Claim 6, a modified Kuhn further teaches the water-based polymer network does not produce liquid water when heated by the thermal energy to generate the multiple gases (Qian states, “The SAP hydrogel losses its weight quickly from 300 K to 447 K, and this process lasts for about 15 min. (2) After this process, the weight loss can reach 98.85%, which implies that most of the water fixed in the hydrogel is still active and can participate in heat and mass transfer”, see Section 2.1.1, Pg. 2, wherein no water is produced only removed from the hydrogel).
Regarding Claim 7, a modified Kuhn further teaches unblocking the selectively blocked micro-channels to permit passage of the multiple gases (the multiple gasses are previously taught by Qian in the rejection of Claim 1) through the micro-channels (“The activating of the activating medium may be effected for example thermally. The activating medium may in this case decompose or melt open and hence release the channels”, ¶31 of Kuhn).
Regarding Claim 8, a modified Kuhn further teaches unblocking the selectively blocked micro-channels comprises one of: liquifying a material blocking the selectively blocked micro-channels and pushing the liquified material out of the micro-channels (“The activating of the activating medium may be effected for example thermally. The activating medium may in this case decompose or melt open and hence release the channels”, ¶31 of Kuhn).
Regarding Claim 9, Kuhn discloses an apparatus comprising:
a structure to be cooled (“The corresponding fluid may in this case be used as a cooling medium in order in particular to realize transpiration cooling and/or effusion cooling”, ¶64), the structure comprising micro-channels (26, “The channels 26 may be realized in different ways. They may be manufactured for example ‘macroscopically’, such as for example by means of bores. They may be manufactured ‘microscopically’ by means of cracks in the first material region 16”,¶65) that are configured to be selectively blocked (“The protective structure 10 is disposed on the element 12. If this system is exposed to ‘too high’ a temperature, i.e. one that lies above a temperature threshold, the activating medium 36 is activated. The sealing of the first material region 16 is terminated as a result of decomposition of the activating medium 36 and the channels 26 are unblocked”, ¶77); and
a water-based network configured to receive thermal energy from the structure (“The reaction medium and/or cooling medium is selected in dependence upon the application. Possible media are for example water, a primary material, wax, Teflon, inert cooling gases etc”,¶92), the water-based network comprising a gel (“Solid, gaseous, liquid reaction media and/or cooling media or alternatively reaction media and/or cooling media in gel form may be stored”, ¶18) formed using water (see previous annotation),
the water-based network configured when heated to generate gas (“This means for example that a cooling medium is able to complete one or more phase changes more rapidly. In this way, for example in the case of transpiration cooling and/or effusion cooling greater efficiency may be achieved”,¶16), the gas comprising (i) the water in the water-based network released into steam (see previous annotation, wherein phase change occurs with a cooling medium, such as water, to produce transpiration cooling); wherein
the micro-channels are configured to allow passage of the gas in order to remove at least some of the thermal energy from the structure (shown in figure 1, wherein the medium flows through the channels (26)) and wherein
the gel functions as a deformable solid (Kuhn teaches a gel (see ¶18), wherein said gel is deformable) that is retained within the structure (shown in figure 1) and is not expelled through the micro-channels by internal pressure generated while generating the gas, such that only the gas passes through the micro-channels (“This means for example that a cooling medium is able to complete one or more phase changes more rapidly. In this way, for example in the case of transpiration cooling and/or effusion cooling greater efficiency may be achieved” (¶16) and “As a result, compared to heating caused purely by radiation, more heat is supplied to the cooling medium. The cooling medium may therefore complete one or two phase changes more rapidly; this in turn increases the cooling efficiency” (¶80)).
Regarding Claim 9, MPEP 2114 II clearly states “[A]pparatus claims cover what a device is, not what a device does" and a claim having a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim.” Because Claim 9 fails to further limit the apparatus in terms of structure, but rather only recite further functional limitations, regarding “the gel functions as a deformable solid that is retained within the structure and is not expelled through the micro-channels by internal pressure generated while generating the multiple gases, such that only the multiple gases pass through the micro-channels”, the invention as taught by Kuhn is deemed fully capable of performing such function. Kuhn comprises a gel being positioned within a region that is capable of not being expelled through the micro-channels by internal pressure generated while generating the multiple gases, such that only the multiple gases pass through the micro-channels. Therefore, the claim limitations are met by the combination of the references put forth in this action.
Although Kuhn discloses a gel, Kuhn fails to disclose at least one additional material comprising a salt, wherein the at least one additional material is mixed or dissolved in the water.
Lange, also drawn to a gel (6) phase change material for thermal storage, teaches at least one additional material comprising a salt, wherein the at least one additional material is mixed or dissolved in the water (“In the case of water as a cooling substance, this can occur in simply by adding freezing point degrading antifreeze such as salts or glycols, possibly in different concentrations, will be realized”). It is noted that Kuhn discloses the gas passing through the channels for transpiration cooling, wherein Lange teaches the addition of a salt is known for a water-based gel in order to control a freezing temperature of said gel. Therefore a modified Kuhn having the salt as taught by Lange further teaches the production one or more additional gases based on the at least one additional material.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Kuhn with at least one additional material comprising a salt, wherein the at least one additional material is mixed or dissolved in the water and (ii) producing one or more additional gases based on the at least one additional material, as taught by Lange, the motivation being to regulate the freezing temperature of the water or rather to limit any volume expansion of said working medium within a predetermined temperature range.
Kuhn fails to disclose a water-based polymer network configured to receive thermal energy from the structure, the water-based polymer network comprising a gel formed using a polymer and water, the water-based polymer network configured when heated to generate multiple gases, the multiple gases comprising (ii) one or more gases for transpiration produced by decomposition of the polymer.
Qian, also drawn to transpirational cooling for hypersonic vehicles, teaches a water-based polymer network and a gel formed using a polymer and water (“transpiration cooling using solidified water as coolant. In the work, a commercial superabsorbent polymer, SAP-50, was used to make swollen hydrogel”, abstract) and the water-based polymer network configured when heated to generate multiple gases, the multiple gases comprising (i) the water in the water-based polymer network released into steam (“solid-coolant transpiration cooling (STC). The solidified water is placed beneath porous shell in advance, absorbs the heat from outside, which induces coolant phase change from solid to vapor”, Section 1, Pg. 2) and one or more gases for transpiration produced by decomposition of the polymer (“When the temperature rises up to 674 K, the hydrogel is fully shrunk and the relict is only the polymer. From 674 K to 730 K, the rest of polymer is gradually decomposed”, Section 2.1, Pg. 2, see also figure 1). It is noted that Kuhn discloses the gas passing through the channels for transpiration cooling, wherein Qian teaches that it is known to produce a gas from both a polymer and water during transpirational cooling.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Kuhn with the aforementioned limitations, as taught by Qian, the motivation being to provide “approximate transpiration cooling effect” and “the hydrogel coolant can provide a longer acting time, and get a more homogenous cooling effectiveness distribution”, see abstract.
Regarding Claim 10, a modified Kuhn further teaches the one or more gases for transpiration are produced based on an endothermic reaction (the coolant and polymer absorb heat for cooling) involving the polymer (“SAP-50”) in the water-based polymer network (“The hydrogel used in this work is made of a commercial superabsorbent polymer (SAP), i.e., SAP-50 (Usolf product), and the mass ratio of deionized water”, see Section 2.1.1, Pg. 2).
Regarding Claim 13, a modified Kuhn further teaches the polymer comprises sodium polyacrylate (see data sheet for SAP-50, “the main chemical component of SAP is a low-crosslinked sodium polyacrylic acid”).
Regarding Claim 14, a modified Kuhn further teaches a material configured to block the micro-channels until liquified and pushed out of the micro-channels (“The activating of the activating medium may be effected for example thermally. The activating medium may in this case decompose or melt open and hence release the channels”, ¶31 of Kuhn).
Regarding Claim 22, a modified Kuhn further teaches decomposing the polymer to produce the one or more gases (see rejection of Claim 1, Qian states, “When the temperature rises up to 674 K, the hydrogel is fully shrunk and the relict is only the polymer. From 674 K to 730 K, the rest of polymer is gradually decomposed”, Section 2.1, Pg. 2, see also figure 1) occurs through an endothermic process that provides further cooling (see rejection of Claim 1, Qian states, “transpiration cooling using solidified water as coolant. In the work, a commercial superabsorbent polymer, SAP-50, was used to make swollen hydrogel”, abstract).
Regarding Claim 23, a modified Kuhn further teaches decomposition of the polymer to produce the one or more gases (see rejection of Claim 1, Qian states, “When the temperature rises up to 674 K, the hydrogel is fully shrunk and the relict is only the polymer. From 674 K to 730 K, the rest of polymer is gradually decomposed”, Section 2.1, Pg. 2, see also figure 1) occurs through an endothermic process that provides further cooling (see rejection of Claim 1, Qian states, “transpiration cooling using solidified water as coolant. In the work, a commercial superabsorbent polymer, SAP-50, was used to make swollen hydrogel”, abstract).
Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kuhn et al. (US PG Pub. 2011/0253344A1) in view of Qian et al. (Publication “An experimental investigation on transpiration cooling performances using solid hydrogel as coolant”) in further view of Lange (Translation of DE4415946A1), as applied in Claims 1-2, 4-10, 13-14 and 22-23 above and in further view of Coppola et al. (US PG Pub. 2017/0089618A1), hereinafter referred to as Coppola.
Regarding Claim 4, in addition to a modified Kuhn, Coppola, also drawn to a transpirational cooling, teaches at least one additional material mixed or dissolved in water and the at least one additional material comprises glycol (“Depending on the application desired, a skilled artisan can design a fluid possessing properties conducive to effect cooling, evaporation and replenishment. Some examples include ammonia, alcohols (e.g., ethanol), glycols, ketones (e.g., acetone), aldehydes, amines, amides, or combinations thereof, or a mixture of water with one or more of the above fluids”, ¶64). A modified Kuhn further teaches generating the one or more gases further comprises producing one or more additional gases based on the at least one additional material (Kuhn and Coppola teach evaporating a working fluid to alter cooling, wherein a modified Kuhn having an additive further teaches said additive being evaporated and producing a gas. Further, the aforementioned additives taught in Coppola are well known to influence cooling properties).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the working fluid of Kuhn with the aforementioned limitations, as taught by Coppola, the motivation being to influence the cooling properties of the working fluid, such as phase change temperature, volitivity, viscosity, cooling capability etc..
Regarding Claim 12, in addition to a modified Kuhn, Coppola, also drawn to a transpirational cooling, teaches at least one additional material mixed or dissolved in water and the at least one additional material comprises glycol (“Depending on the application desired, a skilled artisan can design a fluid possessing properties conducive to effect cooling, evaporation and replenishment. Some examples include ammonia, alcohols (e.g., ethanol), glycols, ketones (e.g., acetone), aldehydes, amines, amides, or combinations thereof, or a mixture of water with one or more of the above fluids”, ¶64). A modified Kuhn further teaches generating the one or more gases further comprises producing one or more additional gases based on the at least one additional material (Kuhn and Coppola teach evaporating a working fluid to alter cooling, wherein a modified Kuhn having an additive further teaches said additive being evaporated and producing a gas. Further, the aforementioned additives taught in Coppola are well known to influence cooling properties).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the working fluid of Kuhn with the aforementioned limitations, as taught by Coppola, the motivation being to influence the cooling properties of the working fluid, such as phase change temperature, volitivity, viscosity, cooling capability etc..
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable Kuhn et al. (US PG Pub. 2011/0253344A1) in view of Qian et al. (Publication “An experimental investigation on transpiration cooling performances using solid hydrogel as coolant”) in further view of Lange (Translation of DE4415946A1), as applied in Claims 1-2, 5-10, 13-14 and 22-23 above and in further view of Herzberg et al. (US PG Pub. 2015/0354907A1), hereinafter referred to as Herzberg.
Regarding Claim 15, Kuhn fails to disclose one or more valves configured to block and unblock the micro-channels
Herzberg further discloses one or more valves (112) configured to block and unblock the micro-(micro channels are previously taught by Wang in the rejection of Claim 9) channels (shown in figure 1).
The rationale to support a conclusion that the claim would have been obvious is that the substitution of one known element for another yields predictable results to one of ordinary skill in the art. If any of these findings cannot be made, then this rationale cannot be used to support a conclusion that the claim would have been obvious to one of ordinary skill in the art.
Per MPEP 2143-I, a simple substitution of one known element for another, with a reasonable expectation of success supports a conclusion of obviousness. In the instant case, the simple substitution is related to substituting an activating medium (36) with a valve for regulating the release of working medium in a transpirational cooling system; further the prior art to Herzberg teaches a valve is known for regulating the flow of the working medium out of a storage region. Therefore, since modifying the prior art to Kuhn with having a valve for regulating the release of working medium in a transpirational cooling system, can easily be made without any change in the operation of the transpirational cooling system; and in view of the teachings of the prior art to Herzberg there will be reasonable expectations of success, it would have been obvious to have modified the invention of Kuhn by having a valve for regulating the release of working medium in a transpirational cooling system in order to have a reusable mechanism for cooling a heated surface.
Claims 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kuhn et al. (US PG Pub. 2011/0253344A1) in view of Sully (USP 3014353) in view of Qian et al. (Publication “An experimental investigation on transpiration cooling performances using solid hydrogel as coolant”) and in further view of Lange (Translation of DE4415946A1).
Regarding Claim 16, Kuhn discloses a flight vehicle (“missile”, ¶15) comprising:
a body comprising a leading edge (a missile comprises a body and leading edge), an outer structure having micro-channels ((26, “The channels 26 may be realized in different ways. They may be manufactured for example ‘macroscopically’, such as for example by means of bores. They may be manufactured ‘microscopically’ by means of cracks in the first material region 16”,¶65) that are configured to be selectively blocked (“The protective structure 10 is disposed on the element 12. If this system is exposed to ‘too high’ a temperature, i.e. one that lies above a temperature threshold, the activating medium 36 is activated. The sealing of the first material region 16 is terminated as a result of decomposition of the activating medium 36 and the channels 26 are unblocked”, ¶77); and
a water-based network configured to receive thermal energy from an edge (“The reaction medium and/or cooling medium is selected in dependence upon the application. Possible media are for example water, a primary material, wax, Teflon, inert cooling gases etc”,¶92), the water-based polymer network comprising a gel (“Solid, gaseous, liquid reaction media and/or cooling media or alternatively reaction media and/or cooling media in gel form may be stored”, ¶18) formed with water (see previous annotation),
the water-based network configured when heated to generate one or more gases (“This means for example that a cooling medium is able to complete one or more phase changes more rapidly. In this way, for example in the case of transpiration cooling and/or effusion cooling greater efficiency may be achieved”,¶16), the one or more gases comprising the water in the water-based network released into steam (see previous annotation, wherein phase change occurs with a cooling medium, such as water, to produce transpiration cooling); wherein
the micro-channels are configured to allow passage of the one or more gases in order to remove at least some of the thermal energy from the edge (shown in figure 1, wherein the medium flows through the channels (26)) and wherein
the gel functions as a deformable solid (Kuhn teaches a gel (see ¶18), wherein said gel is deformable) that is retained within the structure (shown in figure 1) and is not expelled through the micro-channels by internal pressure generated while generating the gas, such that only the gas passes through the micro-channels (“This means for example that a cooling medium is able to complete one or more phase changes more rapidly. In this way, for example in the case of transpiration cooling and/or effusion cooling greater efficiency may be achieved” (¶16) and “As a result, compared to heating caused purely by radiation, more heat is supplied to the cooling medium. The cooling medium may therefore complete one or two phase changes more rapidly; this in turn increases the cooling efficiency” (¶80)).
Regarding Claim 16, MPEP 2114 II clearly states “[A]pparatus claims cover what a device is, not what a device does" and a claim having a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim.” Because Claim 16 fails to further limit the apparatus in terms of structure, but rather only recite further functional limitations, regarding “the gel functions as a deformable solid that is retained within the structure and is not expelled through the micro-channels by internal pressure generated while generating the multiple gases, such that only the multiple gases pass through the micro-channels”, the invention as taught by Kuhn is deemed fully capable of performing such function. Kuhn comprises a gel being positioned within a region that is capable of not being expelled through the micro-channels by internal pressure generated while generating the multiple gases, such that only the multiple gases pass through the micro-channels. Therefore, the claim limitations are met by the combination of the references put forth in this action.
Although Kuhn discloses a gel, Kuhn fails to disclose at least one additional material comprising a salt, wherein the at least one additional material is mixed or dissolved in the water.
Lange, also drawn to a gel (6) phase change material for thermal storage, teaches at least one additional material comprising a salt, wherein the at least one additional material is mixed or dissolved in the water (“In the case of water as a cooling substance, this can occur in simply by adding freezing point degrading antifreeze such as salts or glycols, possibly in different concentrations, will be realized”). It is noted that Kuhn discloses the gas passing through the channels for transpiration cooling, wherein Lange teaches the addition of a salt is known for a water-based gel in order to control a freezing temperature of said gel. Therefore a modified Kuhn having the salt as taught by Lange further teaches the production one or more additional gases based on the at least one additional material.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Kuhn with at least one additional material comprising a salt, wherein the at least one additional material is mixed or dissolved in the water and (ii) producing one or more additional gases based on the at least one additional material, as taught by Lange, the motivation being to regulate the freezing temperature of the water or rather to limit any volume expansion of said working medium within a predetermined temperature range.
Kuhn fails to disclose the leading edge comprising an outer structure having micro-channels.
Sully, also drawn to transpiration cooling of an aerospace component, teaches a leading edge (shown in figure 1 being a nosecone) comprising an outer structure having channels (23, shown in figure 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the device of Kuhn on a leading edge, as taught by Sully, the motivation being to reduce the temperature of the aerospace device due to friction in order to mitigate degradation or failure.
Kuhn fails to disclose the water-based polymer network comprising a gel formed using a polymer and water, the water-based polymer network configured when heated to generate multiple gases, the multiple gases comprising {i) the water in the water-based polymer network released into steam and (ii) one or more gases for transpiration produced by decomposition of the polymer.
Qian, also drawn to transpirational cooling for hypersonic vehicles, teaches the water-based polymer network comprising a gel formed using a polymer and water (“transpiration cooling using solidified water as coolant. In the work, a commercial
superabsorbent polymer, SAP-50, was used to make swollen hydrogel”, abstract) the water-based polymer network configured when heated to generate multiple gases, the multiple gases comprising {i) the water in the water-based polymer network released into steam (“solid-coolant transpiration cooling (STC). The solidified water is placed beneath porous shell in advance, absorbs the heat from outside, which induces coolant phase change from solid to vapor”, Section 1, Pg. 2) and (ii) one or more gases for transpiration produced by decomposition of the polymer (“When the temperature rises up to 674 K, the hydrogel is fully shrunk and the relict is only the polymer. From 674 K to 730 K, the rest of polymer is gradually decomposed”, Section 2.1, Pg. 2, see also figure 1). It is noted that Kuhn discloses the gas passing through the channels for transpiration cooling, wherein Qian teaches that it is known to produce a gas from both a polymer and water during transpirational cooling.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide Kuhn with the aforementioned limitations, as taught by Qian, the motivation being to provide “approximate transpiration cooling effect” and “the hydrogel coolant can provide a longer acting time, and get a more homogenous cooling effectiveness distribution”, see abstract.
Further, a modified Kuhn having the polymer of Qian and being placed on a leading edge, as taught by Scully, further teaches a water-based polymer network configured to receive thermal energy from the leading edge and the micro-channels are configured to allow passage of the one or more multiple gases in order to remove at least some of the thermal energy from the leading edge (see previous rejection, wherein Sully discloses the cooling system being placed on a leading edge).
Regarding Claim 17, a modified Kuhn further teaches at least one of: the one or more gases for transpiration are produced based on an endothermic reaction (the coolant and polymer absorb heat for cooling) involving the polymer (“SAP-50”) in the water-based polymer network (“The hydrogel used in this work is made of a commercial superabsorbent polymer (SAP), i.e., SAP-50 (Usolf product), and the mass ratio of deionized water”, see Section 2.1.1, Pg. 2).
Regarding Claim 18, a modified Kuhn further teaches the polymer comprises sodium polyacrylate (see data sheet for SAP-50, “the main chemical component of SAP is a low-crosslinked sodium polyacrylic acid”).
Regarding Claim 19, a modified Kuhn further teaches a material configured to block the micro-channels until liquified and pushed out of the micro-channels (“The activating of the activating medium may be effected for example thermally. The activating medium may in this case decompose or melt open and hence release the channels”, ¶31 of Kuhn).
Regarding Claim 20, a modified Kuhn further teaches the body comprises a nosecone (shown in figure 1 of Sully);
the leading edge is associated with the nosecone (shown in figure 1 of Sully); and
the water-based polymer network is positioned within the nosecone (shown in figure 1 of Sully).
Regarding Claim 21, a modified Kuhn further teaches one of: the water-based polymer network in the nosecone is capable of being replaced; and the nosecone with the water-based polymer network is capable of being replaced (shown in figure 1, wherein the nose cone of the missile that contains the water-based polymer network is capable of being replaced).
Response to Arguments
Applicant's arguments filed 04/17/2026 have been fully considered but they are not persuasive.
On page 10 of the Arguments the Applicant states, “Moreover, Tamaki is clearly non-analogous art to the claimed invention in this application. In order for a reference to be proper for use in a § 103 rejection, the reference must be analogous art to the claimed invention. A reference is analogous art to the claimed invention if either (i) the reference is from the same field of endeavor as the claimed invention (even if it addresses a different problem) or (ii) the reference is reasonably pertinent to the problem faced by the inventors (even if it is not in the same field of endeavor as the claimed invention). In order for a reference to be ‘reasonably pertinent’ to the problem, it must ‘logically [] have commended itself to an inventor's attention in considering his problem.’ (MPEP § 2141.01(a))...Tamaki is directed to water absorbent agents in sanitation products such as diapers... Tamaki is not from the same field of endeavor as the claimed invention, nor is Tamaki reasonably pertinent to the problem faced by the inventors here.” The Examiner respectfully disagrees. It has been held that a prior art reference must either be in the field of applicant’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the applicant was concerned, in order to be relied upon as a basis for rejection of the claimed invention (see MPEP 2141.01(a)). In this case, Tamaki explicitly discloses a “Water-absorbing resin (SAP / Super Absorbent Polymer) is a water-swellable, water-insoluble polymer gelling agent”, similar to the “water-based polymer network” of Claim 1 and that the addition of a salt to said gel is known for “improving the physical properties of the water-absorbent resin” and “it is preferable to add α-hydroxycarboxylic acid from the viewpoint of water absorption characteristics”. Therefore, Tamaki is also concerned with water absorption characteristics of a water-insoluble polymer gelling agent similar to the instant invention.
The test for analogous art, as previously stated, does indeed allow for references to be utilized from all fields as long as the references are “reasonably pertinent” to the problem facing the inventor. Contrary to what the Applicant suggests, the search for prior art is not limited to only references sharing the same design criteria as the instant invention, references emanating from differing fields are analogous as long as they are “reasonably pertinent”, which is clearly the case here. MPEP 2141.01(a) states “The question of whether a reference is reasonably pertinent often turns on how the problem to be solved is perceived. If the problem to be solved is viewed in a narrow or constrained way, and such a view is not consistent with the specification, the scope of available prior art may be inappropriately limited”. The instant invention is drawn to providing a water-based polymer network comprising a gel.
The problem, regarding the current rejection, is maintaining and regulating water absorbing properties within said gel. One of ordinary skill in the art having read the claimed subject matter and understanding that water absorption is critical to the water based polymer network, would seek out structure capable of “improving the physical properties of the water-absorbent resin” wherein “it is preferable to add α-hydroxycarboxylic acid from the viewpoint of water absorption characteristics”.
On page 10 of the Arguments the Applicant states, “A person skilled in the art of flight vehicles would never look to sanitation products like diapers in order to determine how to cool a flight vehicle that experiences extreme temperatures during flight. It should be without question that the conditions used to absorb or release water in a sanitation product like a diaper could not be used with a flight vehicle.” The Examiner respectfully disagrees. Tamaki states, “Water-absorbing resin (SAP / Super Absorbent Polymer) is a water-swellable, water-insoluble polymer gelling agent, sanitary products such as paper diapers, sanitary napkins and incontinence products for adults, and soil water retention agents for agriculture and horticulture. It is used in various applications such as industrial water-stopping agents.” Therefore, Tamaki discloses various other known uses for the disclosed invention. Further, Tamaki explicitly discloses the same composition as proffered in Claim 1, for example a water-based polymer network comprising a gel (“a water-containing gel-like crosslinked polymer (hereinafter referred to as ‘water-containing gel’)”, said gel having a salt (“by adding α-hydroxycarboxylic acid, the soluble component molecular weight of the resulting water-absorbing agent is reduced, and thus stickiness and discomfort when used as a sanitary material are reduced… the α-hydroxycarboxylic acid is a salt”). One of ordinary skill in the art having read Tamaki would recognize the utility of the disclosed composition in a variety of endeavors that require a gelled water based polymer network.
On page 11 of the Arguments the Applicant states, “Coppola does not teach or suggest a gel that functions as a deformable solid that is retained within the structure and is not expelled through the micro-channels by internal pressure generated during the generating step, such that only the multiple gases pass through the micro- channels.
For at least these reasons, Claim 1 and its dependent claims are allowable.” Further, Applicant states that Herberg, Wang, Qian, Sully fail to teach the gel being retained within the structure during the generating step, wherein Kuhn teaches the aforementioned limitations as stated within the rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL ALVARE whose telephone number is (571)272-8611. The examiner can normally be reached Monday-Friday 0930-1800.
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/PAUL ALVARE/Primary Examiner, Art Unit 3763
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