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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/30/2025 has been entered.
Status of the Claims
The status of the claims as filed in the reply dated 7/30/2025 are as follows:
Claims 1, 4, 5, 6, 7, 11-13, 16, and 19-21 are amended,
Claims 1-21 are currently pending.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 2, 4-8, 10-14, 16, 17, 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aga et al. (U.S. Patent Publication No. 2016/0222830, “Aga”) in view of O’Brien (U.S. Patent Publication No. 2008/0163625, previously cited).
Regarding claim 1, Aga discloses a method of operating a thermal energy storage system comprising cold storage (32), hot storage (36), a heating system (fig 1), a heat transfer fluid, and a heat exchanger (37a, 37b), the method comprising:
operating a pump (see annotated fig 1 below) to circulate the heat transfer fluid from the cold storage through the heating system to the hot storage;
receiving electric power from an electric power grid (70, 72) external to the thermal energy storage system to power an electric heater (50) in the heating system that heats the heat transfer fluid as it circulates through the heating system to the hot storage (¶0033);
regulating the receiving of electric power from the external electric power grid to power the electric heater in a time-varying manner to balance a time-varying supply of and demand for electric power on the external electric power grid and maintain a frequency, a voltage, or a frequency and a voltage of electric power on the external electric power grid at specified values (¶0033, as excess electrical energy is used);
circulating the heat transfer fluid from the hot storage through the heat exchanger to the cold storage to provide heat through the heat exchanger to a boiler (29) external to the thermal energy storage system to produce steam; and
expanding the steam through a turbine (21) to drive a generator and produce additional electricity.
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However, Aga does not explicitly disclose regulating a flow rate of the heat transfer fluid through the heating system in proportion to the time varying receiving of electric power from the external electric power grid to power the electric heater so that the heat transfer fluid enters the hot storage at a predetermined temperature.
O’Brien discloses a thermal energy storage system which regulates a flow rate (via pump 70) of the heat transfer fluid through the heating system in proportion to the time varying receiving of electric power from an electric power grid to power the electric heater so that the heat transfer fluid enters the hot storage at a predetermined temperature (¶0032-0033). It would have been obvious to a person of ordinary skill in the art before the effective filing date for Aga to maintain a frequency and voltage of electric power from the electric power grid at specified values in optimize energy efficiency (see ¶0020 of O’Brien).
Regarding claim 2, the combination of Aga and O’Brien discloses all previous claim limitations. Aga, as modified, further discloses controlling an operating speed of the pump to regulate the flow rate of the heat transfer fluid through the heating system (as taught by O’Brien, see rejection of claim 1 above).
Regarding claim 4, the combination of Aga and O’Brien discloses all previous claim limitations. Aga further discloses regulating the receiving of electric power from the external electric power grid (70, 72) to power the electric heater (50) comprises varying a voltage of the electric power delivered to the electric heater from the external electric power grid (¶0032-0033, as regulating the electricity to the heater would require varying the voltage).
Regarding claim 5, the combination of Aga and O’Brien discloses all previous claim limitations. Aga further discloses wherein regulating the receiving of electric power from the external electric power grid (70, 72) to power the electric heater (50) comprises varying an electric current delivered to the electric heater from the external electric power grid (¶0032-0033, as regulating the electricity to the heater would require varying the current).
Regarding claim 6, the combination of Aga and O’Brien discloses all previous claim limitations. Aga further discloses wherein regulating the receiving of electric power from the external electric power grid (70, 72) to power the electric heater (50) comprises interrupting the flow of electricity from the external electric power grid to the electric heater using on-off control (as electric power would only be supplied when excess electrical energy is produced, see ¶0033).
Regarding claim 7, the combination of Aga and O’Brien discloses all previous claim limitations. Aga further discloses regulating the supplying receiving of electric power from the external electric power grid (70, 72) to power the electric heater (50) comprises regulating the supplying receiving of electric power from the external electric power grid to power the electric resistance heater to maintain a frequency of electric power on the external electric power grid at a specified value (¶0032-0033, as converter 60 would inherently control the frequency within parameters).
Aga does not explicitly disclose wherein the electric heater is an electric resistance heater. However, the Examiner takes Official Notice that the use of resistance heaters are old and well known in the art of water heaters and would have been obvious to Aga, as modified, before the effective filing date of the claimed invention for Aga, as modified, to provide a resistance heater in order to heat the water effectively.
Regarding claim 8, the combination of Aga and O’Brien discloses all previous claim limitations. Aga, as modified, further discloses controlling an operating speed of the pump to regulate the flow rate of the heat transfer fluid through the heating system (such as taught by O’Brien, see rejection of claim 1).
Regarding claim 10, the combination of Aga and O’Brien discloses all previous claim limitations. Aga further discloses regulating the receiving of electric power from the external electric power grid (70, 72) to power the electric heater (50) comprises varying a voltage of the electric power delivered to the electric heater from the external electric power grid (¶0032-0033, as regulating the electricity to the heater would require varying the voltage).
Regarding claim 11, the combination of Aga and O’Brien discloses all previous claim limitations. Aga further discloses wherein regulating the receiving of electric power from the external electric power grid (70, 72) to power the electric heater (50) comprises varying an electric current delivered to the electric heater from the external electric power grid (¶0032-0033, as regulating the electricity to the heater would require varying the current).
Regarding claim 12, the combination of Aga and O’Brien discloses all previous claim limitations. Aga further discloses wherein regulating the receiving of electric power from the external electric power grid (70, 72) to power the electric heater (50) comprises interrupting the flow of electricity from the external electric power grid to the electric heater using on-off control (as electric power would only be supplied when excess electrical energy is produced, see ¶0033).
Regarding claim 13, the combination of Aga and O’Brien discloses all previous claim limitations. Aga further discloses regulating the supplying of electric power from the electric power grid to the electric heater comprises regulating the supplying of electric power from the electric power grid (70, 72) to the electric heater (50) to maintain a voltage of electric power on the electric power grid at a specified value (¶0033, as regulating the electricity to the heater would require varying the voltage).
Aga does not explicitly disclose wherein the electric heater is an electric inductive heater. However, the Examiner takes Official Notice that the use of inductive heaters are old and well known in the art of water heaters and would have been obvious to Aga, as modified, before the effective filing date of the claimed invention for Aga, as modified, to provide a inductive heater in order to heat the water effectively.
Regarding claim 14, the combination of Aga and O’Brien discloses all previous claim limitations. Aga, as modified, further discloses controlling an operating speed of the pump to regulate the flow rate of the heat transfer fluid through the heating system (such as taught by O’Brien, see rejection of claim 1).
Regarding claim 16, the combination of Aga and O’Brien discloses all previous claim limitations. Aga further discloses supplying of electric power from the electric power grid to the electric heater (50) to balance supply of and demand for power on the electric power grid and maintain a frequency and a voltage of electric power on the electric power grid at specified values (¶0033, as regulating the electricity to the heater would require varying the frequency and voltage).
Regarding claim 17, the combination of Aga and O’Brien discloses all previous claim limitations. Aga, as modified, further discloses controlling an operating speed of the pump to regulate the flow rate of the heat transfer fluid through the heating system (such as taught by O’Brien, see rejection of claim 1).
Regarding claim 19, the combination of Aga and O’Brien discloses all previous claim limitations. Aga further discloses regulating the receiving of electric power from the external electric power grid (70, 72) to power the electric heater (50) comprises varying a voltage of the electric power delivered to the electric heater from the external electric power grid (¶0032-0033, as regulating the electricity to the heater would require varying the voltage).
Regarding claim 20, the combination of Aga and O’Brien discloses all previous claim limitations. Aga further discloses wherein regulating the receiving of electric power from the external electric power grid (70, 72) to power the electric heater (50) comprises varying an electric current delivered to the electric heater from the external electric power grid (¶0032-0033, as regulating the electricity to the heater would require varying the current).
Regarding claim 21, the combination of Aga and O’Brien discloses all previous claim limitations. Aga further discloses wherein regulating the receiving of electric power from the external electric power grid (70, 72) to power the electric heater (50) comprises interrupting the flow of electricity from the external electric power grid to the electric heater using on-off control (as electric power would only be supplied when excess electrical energy is produced, see ¶0033).
Claim(s) 3, 9, 15, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aga and O’Brien as applied to claims 1, 7, 13, and 16 above, and further in view of Kim et al. (U.S. Patent Publication No. 2010/0329650, “Kim”, previously cited).
Regarding claim 3, the combination of Aga and O’Brien discloses all previous claim limitations. However, they do not explicitly disclose operating control valves to regulate the flow rate of the heat transfer fluid through the heating system. Kim, however, discloses a hot water system (fig 1) which operates control valves (7) to regulate the flow rate of the heat transfer fluid through the heating system (3). Kim teaches that this allows for the most efficient amount of water to pass through the heating system (¶0015). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Aga, as modified, to provide the control valve of Kim in order to allow for the efficient amount of water to pass through the heating system.
Regarding claim 9, the combination of Aga and O’Brien discloses all previous claim limitations. However, they do not explicitly disclose operating control valves to regulate the flow rate of the heat transfer fluid through the heating system. Kim, however, discloses a hot water system (fig 1) which operates control valves (7) to regulate the flow rate of the heat transfer fluid through the heating system (3). Kim teaches that this allows for the most efficient amount of water to pass through the heating system (¶0015). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Aga, as modified, to provide the control valve of Kim in order to allow for the efficient amount of water to pass through the heating system.
Regarding claim 15, the combination of Aga and O’Brien discloses all previous claim limitations. However, they do not explicitly disclose operating control valves to regulate the flow rate of the heat transfer fluid through the heating system. Kim, however, discloses a hot water system (fig 1) which operates control valves (7) to regulate the flow rate of the heat transfer fluid through the heating system (3). Kim teaches that this allows for the most efficient amount of water to pass through the heating system (¶0015). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Aga, as modified, to provide the control valve of Kim in order to allow for the efficient amount of water to pass through the heating system.
Regarding claim 18, the combination of Aga and O’Brien discloses all previous claim limitations. However, they do not explicitly disclose operating control valves to regulate the flow rate of the heat transfer fluid through the heating system. Kim, however, discloses a hot water system (fig 1) which operates control valves (7) to regulate the flow rate of the heat transfer fluid through the heating system (3). Kim teaches that this allows for the most efficient amount of water to pass through the heating system (¶0015). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Aga, as modified, to provide the control valve of Kim in order to allow for the efficient amount of water to pass through the heating system.
Response to Arguments
Applicant's arguments filed 7/30/2025 have been fully considered but they are not persuasive.
Applicant argues (pages 6-8) that Enck does not teach the limitations of claim 1. However, newly cited Aga is now being relied upon to teach these limitations.
Applicant argues (pages 8-9) that O’Brien does not teach affecting the performance of the external electric power grid. The Examiner respectfully disagrees; by controlling the input of the electric power grid via the converter as discussed in paragraph 0031 of O’Brien would in turn affect the performance of the electric power grid via the amount power being pulled.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HARRY E ARANT whose telephone number is (571)272-1105. The examiner can normally be reached Monday-Friday 10-6 ET.
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/HARRY E ARANT/ Primary Examiner, Art Unit 3763