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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following features must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Claim 48 recites, “wherein the controller is adapted to provide condensation of water vapour in the flue gas in the flue gas heat exchanger by the WSHP cooling the flue gas and extracting latent energy to increase the efficiency of the WSHP”
Claim 57 recites, “the method comprising providing condensation of water vapour in the flue gas in the flue gas heat exchanger by the WSHP cooling the flue gas and extracting latent energy to increase the efficiency of the WSHP”
Both of these instances describe the WSHP cooling the flue gas in the flue gas heat exchanger, in order to provide condensation of the flue gas. However, fig. 1 shows the WSHP connected to the flue gas heat exchanger by lines described as conveying water. Furthermore, to the extent that the WSHP, per se, cools the exhaust gas, it would not be considered a water source heat pump but instead an air source heat pump.
Therefore, the Examiner is taking the interpretation that the extent of the WSHP is limited to the indicated box in the figure, i.e. the WSHP does not extend into the flue gas heat exchanger and/or ASHP, and all of the requisite structure is provided within the box labeled WSHP. This interpretation is consistent with the remainder of the claims.
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Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
The claims are objected to because of the following informalities:
Claim 36 should read, “… a flue gas heat exchanger for receiving the flue gas …”
Claim 36 should read, “… a main conduit for receiving inlet air …”
Claim 41 should read, “… whereby the cooler delivers energy to the ASHP[)] …” to remove the inadvertent parenthesis.
Claim 46 should read, “… provide process hot water[l] and wherein …” to fix a typo.
Claim 50 should read, “… flue gas heat exchanger rises above 20mB” to fix a typo.
Claim 55 should read, “… the first secondary inlet provides turbine[s] control circuit heated air …” to fix a typo.
Appropriate correction is required.
Claim Interpretation
Claim 49 recites the limitation, “the controller is adapted to cause the turbine to use a high air fuel ratio, in excess of 30% air by weight …” This is being interpreted as an air fuel ratio of greater than 30:70, which is a relatively low air fuel ratio, since turbines typically use a ratio of 60:1 to 120:1, or 98% to 99% air by weight.
See also para. 52 of the Applicant’s PGPUB which describes the turbine having a lean air fuel mixture of 77:23, or 77% air by weight. This is understood to be an accurate understanding of Applicant’s invention since para. 20 of the PGPUB further states the mixture results in a high proportion of water vapour, yielding a large amount of available heat from subsequent condensation.
See also the attached NPL to Engineering Tool Box which describes gas turbines being run with up to 300% excess air, which is understood to correspond to in excess of 30% air by weight.
Claim 58 recites similar limitations and will be interpreted in the same way.
To the extent that Applicant disagrees with Examiner’s interpretation of the claims, provided above, clarification is kindly requested in any subsequent reply.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 37, 40-41, 43-48, and 50-58 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 41. The claim recites the limitations, “the WSHP” in the last two lines. There is insufficient antecedent basis for this limitation in the claim.
For the purpose of substantive examination, Examiner will consider the claim as if first introducing a water source heat pump WSHP.
Regarding claim 43. The claim recites, “a main conduit second secondary inlet”. It is unclear if the claim also requires a main conduit first secondary inlet. It appears this claim may have been intended to depend from claim 42, which properly introduces a main conduit first secondary inlet. Examiner recommends amending claim 43 to depend from claim 42. See also claim 44 which introduces both a main conduit first and second secondary inlet.
For the purpose of substantive examination, Examiner will consider claim 43 as if dependent from claim 42.
Regarding claim 44. The claim recites the limitation "the first secondary inlet” in line 4. There is insufficient antecedent basis for this limitation in the claim.
For the purpose of substantive examination, Examiner will consider the claim as if reciting, “the main conduit first secondary inlet”, for which proper antecedent basis has been established.
Regarding claim 45. The claim recites the limitation, “at least one stage of the heat exchanger comprises …” It is unclear if the heat exchanger is referring to the flue gas heat exchanger or the air heat exchanger introduced in claim 36.
For the purpose of substantive examination, Examiner will consider the claim as if referencing the flue gas heat exchanger, which is believed to be the intent of the claim based on the stages, see similar claim 38.
Regarding claims 37, 40, 45-46, and 48. These claims all recite “at least one stage of the flue gas heat exchanger”, however, none of these claims depend from claim 38 which recites, “the flue gas heat exchanger heats water in a plurality of stages”. Claim 36, from which all of the above claims depend, does not first introduce a plurality of stages in the flue gas heat exchanger. Therefore, the indicated instances lack antecedent basis.
For the purpose of substantive examination, Examiner will consider the claims as if not requiring a plurality of stages in order to read on the claim, i.e. only having one stage.
Regarding claim 47. The terms “excessive”, “useful”, and “deterioration” in the claim are each relative terms which render the claim indefinite. The term “excessive”, “useful”, and “deterioration” are each not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
In other words, one of ordinary skill in the art would not be able to positively determine the scope of the claim since it is unclear at what point the back pressure becomes excessive, what work is useful, and/or at what point the electrical efficiency is determined to be “deteriorated”.
For the purpose of substantive examination, Examiner will consider prior art with limited back pressure, with any amount of work, and which limits a decrease in electrical efficiency as substantially reading on claim 47.
Claim 57 is rejected for the same reason as claim 47, and will be considered in the same way.
Regarding claim 50. The term “excessive” in the claim is a relative term which renders the claim indefinite. The term “in order to prevent excessive fuel consumption” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
For the purpose of substantive examination, Examiner will consider prior art with a limited increase in fuel consumption as substantially reading on claim 50.
Claim 58 is rejected for the same reason as claim 50, and will be considered in the same way.
Regarding claim 51. The claim recites the limitations, “a main conduit having at least one secondary inlet … the main conduit receiving inlet air and gases from secondary inlets from within the system …” It is unclear how the main conduit could receive gases from a plurality of secondary inlets while having only one secondary inlet.
For the purpose of substantive examination, Examiner will consider the claim as if requiring the main conduit to have a plurality of secondary inlets.
Regarding claim 56. The claim recites the limitation, “the WSHP provides process hot water as a product.” There is insufficient antecedent basis for this limitation in the claim.
For the purpose of substantive examination, Examiner will consider the claim as if first introducing a water source heat pump WSHP.
Regarding claim 57. The claim recites the limitation, “the method comprising providing condensation of water vapour in the flue gas in the flue gas heat exchanger by the WSHP cooling the flue gas and extracting latent energy to increase the efficiency of the WSHP,” There is insufficient antecedent basis for “the WSHP” in the claim. Further, it is unclear how the WSHP cools the flue gas since the flue gas is condensed in the flue gas heat exchanger.
For the purpose of substantive examination, Examiner will consider prior art in which a WSHP is used to cool a flue gas heat exchanger as reading on the claim, and as if first introducing a water source heat pump WSHP.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 36, 39, 42-44, and 47 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20170234549 A1 to Zachary in view of DE 102014206474 A1 to Widenhorn.
Note: Reference is made to the attached translation of Widenhorn.
Regarding claim 36. Zachary teaches a heating system (abstract, “Synergistic Energy Ecosystem using a co-generation system and method wherein waste energy from waste heat producers within an enclosure including an electric generator is reclaimed to supply heat …”) comprising:
an electronic controller (fig. 1, controller 40, which is understood to be electronic as described in para. 71),
a generator for burning a fuel to provide flue gas and electrical energy (fig. 1, generator 14, which is described as a fuel consuming electrical generator, para. 66, “… a fuel-consuming electrical generator such as a natural gas, diesel, or fuel cell 14 is mounted within enclosure 12 … No matter what kind of electrical generator is used, the function of the generator, other than generating electricity, is to generate heat to warm the air circulating within enclosure 12.” In particular, the generator is described as having an internal combustion motor which produces exhaust products, para. 69, “Generator 14 uses outside ambient air conveyed through air intake 24a and via conduit 24 for use in the combustion process within the internal combustion motor of generator 14. The exhaust products from the combustion are exhausted through exhaust conduit 26 into heat exchanger 28.”),
a flue gas heat exchanger (fig. 1, heat exchanger 28) for receiving the flue gas and using the flue gas to heat water (embodiment described in para. 75, “In a further embodiment one of heat exchangers 20, 28, or a further heat exchanger, is used to heat hot water for the habitat for example using a conventional hot water tank arrangement located in the habitat or in enclosure 12 (preferably the latter). Hot liquid coolant from the heat exchanger used is directed through coils in the hot water tank to thereby either pre-heat, or entirely heat the hot water. In the further embodiment set out below, a water jacket is employed in conjunction with the heat battery in a cylindrical thermal storage device to provide hot water supply.”),
a main conduit for receiving inlet air and gases from secondary inlets from within the system to elevate the temperature in the main conduit above ambient (as shown in the annotated figure below, the enclosure 12, outlined, substantially has a main conduit shown by the overlaid arrow, where inlet air, i.e. ambient air, is mixed with gases from the recirculation path at valve 16, as well as optionally mixing with the exhaust gas of the generator 14 when the heat exchanger 28 is formed as a part of the heat exchanger 20, para. 69. See also fig. 10 which shows both “exhaust & air” being sent to the heat pump 30),
an air heat exchanger for recovering heat from the air flow of the main conduit (para. 70, “Airflow A exiting heat exchanger 20 enters into heat pump 30 wherein airflow A supplies heat energy to the cold end of heat pump 30.” Where the portion of the heat pump 30 indicated in fig. 1 is understood to be an air heat exchanger), and
an air source heat pump ASHP to receive energy from the air heat exchanger (fig. 1, the energy from the air heat exchanger is used in a heat pump cycle, see refrigerant lines 50).
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But fails to teach the generator being a turbine.
Widenhorn teaches an a turbine system providing the functionality of an internal combustion engine (description, “It is advantageous if the internal combustion engine is designed as a gas turbine system, in particular as a micro gas turbine system. In this case, a preferred gas turbine system comprises at least one burner, preferably a controllable or controllable multi-stage burner, in particular with a pilot stage and at least one controllable or controllable main stage, a turbine drivable via an exhaust gas flow of the burner and a compressor drivable via the turbine. Furthermore, a generator for providing electrical energy is preferably provided, which can also be driven by the turbine. Optionally, the gas turbine system further comprise a heat exchanger acting as a recuperator, through which part of the heat energy of the exhaust gas stream can be transmitted to an oxidant stream, in particular burner air stream, supplied to the burner.”).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Zachary to implement a suitable gas turbine system, as taught by Widenhorn. This simple substitution of one known element for another would provide the predictable result and benefit of suitably providing electrical energy and heat, as suggested by Widenhorn in the description, “The internal combustion engine can according to the invention z. B. be designed as a diesel engine, gasoline engine, Wankel engine, Stirling engine or as a turbine system.”, as well as the portion cited above.
Regarding claim 39. The device of modified Zachary teaches the heating system as claimed in claim 36, wherein
the air heat exchanger comprises a cooler arranged to cool air from the main conduit for venting to atmosphere (Zachary fig. 1, the heat pump 30 is understood to absorb heat energy of the airflow A before it is vented to the atmosphere at valve 36, thereby being a cooler, per se); and
wherein the cooler comprises an evaporator coil cooler and it shares an evaporator coil with the ASHP to transfer energy to said ASHP (Zachary fig. 1, the element labeled 30 is understood to be the evaporator of the heat pump 30, at least during the winter heating mode).
Regarding claim 42. The device of modified Zachary teaches the heating system as claimed in claim 36, wherein
a main conduit first secondary inlet is adapted to provide heated air from control circuits of the turbine (Zachary para 67, “Generator 14 is positioned, and rigidly mounted within enclosure 12 so as to leave a void or warm-air space 18 around generator 14, and, in a preferred embodiment, so as to at least leave warm air space 18 above generator 14. Because generator 14 is a fuel consuming generator, and so gives off waste heat, the waste heat rises in direction C through, and mixes with warm air in warm air space 18. The waste heat from generator 14 thus imparts heat to airflow A as it flows in direction B, ie in a revolving air mass, through warm air space 18 and into heat exchanger 20.” Where the path of communication from generator 14 to airflow A would be considered the main conduit first secondary inlet. Further, to the extent that generator 14, i.e. suitable turbine of Widenhorn, produces heat from control circuits, this heat would at least partially comprise the stream of waste heat).
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Regarding claim 43. The device of modified Zachary teaches the heating system as claimed in claim 42, wherein
a main conduit second secondary inlet is adapted to provide residual flue gas from the flue gas heat exchanger (see figure above, where the residual flue gas from the flue gas heat exchanger would be sent to the main conduit when the heat exchanger 28 is formed as part of heat exchanger 20. See also fig. 10 which shows heat from exhaust and air being sent to the heat pump 30).
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Regarding claim 44. The device of modified Zachary teaches the heating system as claimed in claim 36, wherein
a main conduit first secondary inlet is adapted to provide heated air from control circuits of the turbine (as noted in the rejection to claim 42, see figure above), a main conduit second secondary inlet is adapted to provide residual flue gas from the flue gas heat exchanger (as noted in the rejection to claim 43); and
wherein the main conduit first secondary inlet is arranged to provide turbine control circuit heated air upstream of the second secondary inlet (as shown in the rejection to claim 42’s annotated figure, two figures above, the main conduit first secondary inlet is upstream of the main conduit second secondary inlet).
Regarding claim 47. The device of modified Zachary teaches the heating system as claimed in claim 36, wherein
the controller is adapted to recover latent heat energy without creating excessive back pressure on the turbine, while recovering energy to do useful work, thus avoiding deterioration of the electrical efficiency of the turbine (Zachary fig. 10, the exhaust of the generator 14 is sent to the heat pump, heat exchangers, and then finally either recycled or exhausted through the chimney, see valve 36 in fig. 1. The controller 40 is understood to operate the valve 36 such that the system operates effectively, see Zachary para. 71, “Given the data from sensors 42, controller 40, as better described below, controls the position of valves 16 and 36, and, in cooperation with the OEE in habitat, controls whether the generator 14 is operational, whether the heat exchangers are operational by controlling the operation of pump or pumps 20b, and whether the heat pump is operation and whether the fan or fans are in operation.” Therefore, the backpressure of the suitable turbine of Widenhorn would not be excessive, the energy would be recovered to do useful work, see fig. 10, and the electrical efficiency of the turbine would not be deteriorated, at least since the waste heat is recovered.).
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zachary in view of Widenhorn as applied to claim 36 above, and further in view of US 20180045080 A1 to Uechi.
Regarding claim 38. The device of modified Zachary teaches the heating system as claimed in claim 36,
But fails to teach wherein the flue gas heat exchanger heats water in a plurality of stages to provide a plurality of hot water process water outlets.
Uechi teaches a flue gas heat exchanger comprising a plurality of stages (fig. 1 and para. 70, “The waste heat recovery boiler 110 includes a boiler outer frame 119, a low-pressure steam generator 111a which generates low-pressure steam LS, and a high-pressure steam generator 111c which generates high-pressure steam HS. Both the low-pressure steam generator 111a and the high-pressure steam generator 111c have at least a part thereof set in the boiler outer frame 119.”).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the device of Zachary, in particular after implementing the suitable turbine system of Widenhorn, to similarly implement a suitable steam generation system of Uechi. This would provide the predictable result and benefit of providing additional power generation, as suggested by Uechi in para. 68, “The steam turbines 121a and 121c are driven with steam generated in the waste heat recovery boiler 110. The power generators 122a and 122c generate power by driving of the steam turbines 121a and 121c.”
Claim(s) 45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zachary in view of Widenhorn as applied to claim 36 above, and further in view of GB 605954 A (GB ‘954).
Regarding claim 45. The device of modified Zachary teaches the heating system as claimed in claim 36, wherein
But fails to teach at least one stage of the flue gas heat exchanger comprises a plurality of circuits with the stage inlet flow being split for pressure reduction.
GB ‘954 teaches a flue gas heat exchanger comprising a plurality of circuits with the inlet flow being split (p. 5 ll. 67-81, “The circulation of the water and/or the steam may with advantage be subdivided, throughout its length, into several circuits working in parallel, and in the same manner from one end to the other; these circuits would each be fed by an individual pump ensuring the same delivery to each one …”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the device of Zachary to implement suitable parallel circuits in the flue gas heat exchanger, as taught by GB ‘954. This would provide the advantageous arrangement described in GB ‘954, cited above. Additionally, this would be understood to reduce the pressure in the same way since the structure would be similar to the Applicant’s.
Claim(s) 49 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zachary in view of Widenhorn as applied to claim 36 above, and further evidenced by the attached NPL to The Engineering ToolBox, Optimal Combustion Process, note an accessibility date of 2017.
Regarding claim 49. The device of modified Zachary teaches the heating system as claimed in claim 36, wherein
the controller is adapted to cause the turbine to use a high air to fuel ratio, in excess of 30% air by weight (the device of modified Zachary uses the suitable gas turbine system of Widenhorn. As described in The Engineering ToolBox, gas turbines run very lean with up to 300 percent excess air, which is understood to correspond to more than 30% air by weight) yielding available heat from subsequent condensation (It is understood that water vapor is a product of combustion which yields heat upon condensation).
Claim(s) 50 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zachary in view of Widenhorn as applied to claim 36 above, and further in view of US 20190242576 A1 to Gustafsson and US 20200049426 A1 to Kolenko.
Regarding claim 50. The device of modified Zachary teaches the heating system as claimed in claim 36,
But fails to teach wherein the main conduit comprises an outlet fan and the controller is configured to control said fan to control pressure in the flue gas heat exchanger in order to prevent excessive fuel consumption; and
wherein the pressure in the flue gas heat exchanger is maintained in the range of 5mB to 20mB; and wherein the controller is configured to disable the system if the pressure in the flue gas heat exchanger rises above 20mB.
Gustafsson teaches a main conduit comprising an outlet fan (fig. 2, fan 80) and a controller configured to control said fan to control pressure in a flue gas heat exchanger (para. 90, “a continuously adjustable flue gas fan” where adjustments would be understood to be made by a controller, per se).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Zachary to implement a suitable exhaust fan, as taught by Gustafsson. This would provide the predictable result and benefit of suitably drawing the flue gas through the system, as suggested by Gustafsson in para. 70, “Flue gas from the boiler (100) is drawn by a fan (80) and released through a smoke stack or flue pipe (110).” Further, this would prevent excessive fuel consumption by drawing the exhaust gases out.
Further, Kolenko teaches regulating draft and pressure by a modulating pressure controller (para. 6, “In some embodiments of the heat recovery system, a modulating pressure controller may be used to monitor and regulate draft and pressure within the exhaust fan and the motorized dampers.”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the device of Zachary to regulate the draft pressure of the flue exhaust, as taught by Kolenko. This would provide the predictable result and benefit of maintaining constant boiler, or turbine, pressure, as suggested by Kolenko in para. 25, “The pressure sensor is an important element in the heat recover system's 10 efficiency. It is important to have a high-quality pressure sensor that has a quick response time to adequately modulate the exhaust fan 28 speed. A response time under 20 seconds is preferred. Another modulating pressure controller will preferably monitor draft and pressure used with fans and dampers to maintain constant boiler pressure. The systems' goal will be to maintain stack pressure as close as possible to the boiler manufacture's specifications.”
With regards to the limitation of “wherein the pressure in the flue gas heat exchanger is maintained in the range of 5mB to 20mB; and wherein the controller is configured to disable the system if the pressure in the flue gas heat exchanger rises above 20mB”, it is the examiner’s position that controlling the draft to within a specific pressure range has predictable and expected results. For example, this pressure range could be optimized by decreasing for more exhaust flow and increasing for more range of operation, the result of this optimization would have predictable and expected results. Since a pressure range is a results effective variable which could be achieved through routine experimentation, the range is selected expectedly based on the desired application.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to optimize the range to within 5 to 20 mB, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05 Section II A and B.
Furthermore, it would have been obvious to disable the system if the parameters exceeded the desired range, since the desired draft would no longer be present and/or achievable by the control system.
Claim(s) 51, 53, and 55 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zachary, Widenhorn, and Uechi.
Regarding claim 51. Zachary teaches a method of operation of a heating system comprising:
an electronic controller (fig. 1, controller 40, which is understood to be electronic as described in para. 71),
a generator (fig. 1, generator 14),
a flue gas heat exchanger (fig. 1, heat exchanger 28) being linked with a main conduit having a plurality of secondary inlets (as shown in the annotated figure below, the enclosure 12, outlined, substantially has a main conduit shown by the overlaid arrow, where inlet air, i.e. ambient air, is mixed with gases from the recirculation path at valve 16, as well as optionally mixing with the exhaust gas of the generator 14 when the heat exchanger 28 is formed as a part of the heat exchanger 20, para. 69. See also fig. 10 which shows both “exhaust & air” being sent to the heat pump 30),
an air heat exchanger in said main conduit (para. 70, “Airflow A exiting heat exchanger 20 enters into heat pump 30 wherein airflow A supplies heat energy to the cold end of heat pump 30.” Where the portion of the heat pump 30 indicated in fig. 1 is understood to be an air heat exchanger), and
an air source heat pump ASHP (fig. 1, the energy from the air heat exchanger is used in a heat pump cycle, see refrigerant lines 50),
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the method comprising the steps of:
the generator burning a fuel to provide flue gas and electrical energy (fig. 1, generator 14, which is described as a fuel consuming electrical generator, para. 66, “… a fuel-consuming electrical generator such as a natural gas, diesel, or fuel cell 14 is mounted within enclosure 12 … No matter what kind of electrical generator is used, the function of the generator, other than generating electricity, is to generate heat to warm the air circulating within enclosure 12.” In particular, the generator is described as having an internal combustion motor which produces exhaust products, para. 69, “Generator 14 uses outside ambient air conveyed through air intake 24a and via conduit 24 for use in the combustion process within the internal combustion motor of generator 14. The exhaust products from the combustion are exhausted through exhaust conduit 26 into heat exchanger 28.”),
the flue gas heat exchanger receiving the flue gas and using the flue gas to heat water (embodiment described in para. 75, “In a further embodiment one of heat exchangers 20, 28, or a further heat exchanger, is used to heat hot water for the habitat for example using a conventional hot water tank arrangement located in the habitat or in enclosure 12 (preferably the latter). Hot liquid coolant from the heat exchanger used is directed through coils in the hot water tank to thereby either pre-heat, or entirely heat the hot water. In the further embodiment set out below, a water jacket is employed in conjunction with the heat battery in a cylindrical thermal storage device to provide hot water supply.”),
the main conduit receiving inlet air (fig. 1, inlet air is received at valve 16, which is sent to the main conduit as per the annotated figure, above) and gases from secondary inlets from within the system to elevate the temperature in the main conduit above ambient (as shown in the annotated figure above, ambient air is mixed with gases from the recirculation path at valve 16, mixed with waste heat above the generator 14, as well as optionally mixing with the exhaust gas of the generator 14 when the heat exchanger 28 is formed as a part of the heat exchanger 20, para. 69. See also fig. 10 which shows both “exhaust & air” being sent to the heat pump 30, These comprise secondary inlets to the main conduit), and
the air heat exchanger recovering heat from air flow of the main conduit (para. 70, “Airflow A exiting heat exchanger 20 enters into heat pump 30 wherein airflow A supplies heat energy to the cold end of heat pump 30.” Where the portion of the heat pump 30 indicated in fig. 1 is understood to be an air heat exchanger), and
the air source heat pump ASHP receiving energy from the air heat exchanger (fig. 1, the energy from the air heat exchanger is used in a heat pump cycle, see refrigerant lines 50).
But fails to teach the generator being a turbine and the flue gas heat exchanger comprising a plurality of stages.
Widenhorn teaches an a turbine system providing the functionality of an internal combustion engine (description, “It is advantageous if the internal combustion engine is designed as a gas turbine system, in particular as a micro gas turbine system. In this case, a preferred gas turbine system comprises at least one burner, preferably a controllable or controllable multi-stage burner, in particular with a pilot stage and at least one controllable or controllable main stage, a turbine drivable via an exhaust gas flow of the burner and a compressor drivable via the turbine. Furthermore, a generator for providing electrical energy is preferably provided, which can also be driven by the turbine. Optionally, the gas turbine system further comprise a heat exchanger acting as a recuperator, through which part of the heat energy of the exhaust gas stream can be transmitted to an oxidant stream, in particular burner air stream, supplied to the burner.”).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Zachary to implement a suitable gas turbine system, as taught by Widenhorn. This simple substitution of one known element for another would provide the predictable result and benefit of suitably providing electrical energy and heat, as suggested by Widenhorn in the description, “The internal combustion engine can according to the invention z. B. be designed as a diesel engine, gasoline engine, Wankel engine, Stirling engine or as a turbine system.”, as well as the portion cited above.
Uechi teaches a flue gas heat exchanger comprising a plurality of stages (fig. 1 and para. 70, “The waste heat recovery boiler 110 includes a boiler outer frame 119, a low-pressure steam generator 111a which generates low-pressure steam LS, and a high-pressure steam generator 111c which generates high-pressure steam HS. Both the low-pressure steam generator 111a and the high-pressure steam generator 111c have at least a part thereof set in the boiler outer frame 119.”).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the device of Zachary, in particular after implementing the suitable turbine system of Widenhorn, to similarly implement a suitable steam generation system of Uechi. This would provide the predictable result and benefit of providing additional power generation, as suggested by Uechi in para. 68, “The steam turbines 121a and 121c are driven with steam generated in the waste heat recovery boiler 110. The power generators 122a and 122c generate power by driving of the steam turbines 121a and 121c.”
Regarding claim 53. Modified Zachary teaches the method as claimed in claim 51, wherein
the flue gas heat exchanger heats water in the plurality of stages to provide a plurality of hot water process water outlets (As per the modification by Uechi, the flue gas heat exchanger has high and low pressure steam outlets HS and LS, fig. 1); and
wherein the air heat exchanger comprises a cooler, and said cooler cools air from the main conduit for venting to atmosphere (Zachary fig. 1, the heat pump 30 is understood to absorb heat energy of the airflow A before it is vented to the atmosphere at valve 36, thereby being a cooler, per se); and
wherein the cooler comprises an evaporator coil cooler and it shares an evaporator coil with the ASHP, and the method comprises transferring energy to said ASHP via said coils (Zachary fig. 1, the element labeled 30 is understood to be the evaporator of the heat pump 30, at least during the winter heating mode).
Regarding claim 55. Modified Zachary teaches the method as claimed in claim 51, wherein
the system comprises a main conduit first secondary inlet (see figure below), and said inlet provides heated air from control circuits of the turbine (Zachary para 67, “Generator 14 is positioned, and rigidly mounted within enclosure 12 so as to leave a void or warm-air space 18 around generator 14, and, in a preferred embodiment, so as to at least leave warm air space 18 above generator 14. Because generator 14 is a fuel consuming generator, and so gives off waste heat, the waste heat rises in direction C through, and mixes with warm air in warm air space 18. The waste heat from generator 14 thus imparts heat to airflow A as it flows in direction B, ie in a revolving air mass, through warm air space 18 and into heat exchanger 20.” Where the path of communication from generator 14 to airflow A would be considered the main conduit first secondary inlet. Further, to the extent that generator 14, i.e. suitable turbine of Widenhorn, produces heat from control circuits, this heat would at least partially comprise the stream of waste heat); and
wherein the system comprises a main conduit second secondary inlet (see figure below), and said inlet provides residual flue gas from the flue gas heat exchanger (Zachary figs. 1 and 10, where the residual flue gas from the flue gas heat exchanger would be sent to the main conduit when the heat exchanger 28 is formed as part of heat exchanger 20. See also fig. 10 which shows heat from exhaust and air being sent to the heat pump 30); and
wherein the first secondary inlet provides heated air from control circuits of the turbine (see mapping above), the second secondary inlet provides residual flue gas from the flue gas heat exchanger (see mapping above); and
the first secondary inlet provides turbine control circuit heated air upstream of the second secondary inlet (as shown in the figure below, the main conduit first secondary inlet is upstream of the main conduit second secondary inlet).
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Claim(s) 56 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zachary in view of Widenhorn and Uechi as applied to claim 51 above, and further in view of GB ‘954, the attached NPL to Daikin, Smartsource® Water Source Heat Pumps, note an accessibility date of 6/14/2020, and US 20220003456 A1 to Fang.
Regarding claim 56. Modified Zachary teaches the method as claimed in claim 51,
But fails to teach wherein at least one stage of the heat exchanger comprises a plurality of circuits, and the method comprises splitting stage inlet flow for pressure reduction; and
wherein a water source heat pump WSHP provides process hot water as a product.
GB ‘954 teaches a flue gas heat exchanger comprising a plurality of circuits with the inlet flow being split (p. 5 ll. 67-81, “The circulation of the water and/or the steam may with advantage be subdivided, throughout its length, into several circuits working in parallel, and in the same manner from one end to the other; these circuits would each be fed by an individual pump ensuring the same delivery to each one …”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the device of Zachary to implement suitable parallel circuits in the flue gas heat exchanger, as taught by GB ‘954. This would provide the advantageous arrangement described in GB ‘954, cited above. Additionally, this would be understood to reduce the pressure in the same way since the structure would be similar to the Applicant’s.
Daikin teaches a water source heat pump WSHP (“Commercial water source heat pumps can be applied to geothermal closed-circuit or open-well loops, or on a traditional boiler/tower loop system.”)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Zachary to use a suitable water source heat pump, as taught by Daikin. This would provide the predictable result and benefit of providing energy efficient heating and cooling, in addition to the existing system of Zachary, as suggested by Daikin, “Water source heat pump systems are one of the most efficient, environmentally-friendly systems available for heating and cooling buildings.”
Fang teaches a heat pump used to heat water (fig. 1, where 10 is substantially a heat pump).
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Finally, It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the suitable water source heat pump to provide heated water, as taught by Fang. This would provide the predictable result and benefit of suitably providing heated water to the building using the suitable water source heat pump of Daikin, as suggested by Fang in para. 20, “As illustrated in FIG. 1, the hot water supply unit (1) includes a heat source apparatus (10), the hot water supply apparatus (20), and a controller (25). The heat source apparatus (10) includes a refrigerant circuit (11). The hot water supply apparatus (20) has a hot water supply channel (40). The hot water supply channel (40) is a water channel formed between the water source (S) and the hot water supply target (T). The hot water supply channel (40) is a water channel throughout the hot water supply apparatus (20). The hot water supply unit (1) includes a water heat exchanger (13). The refrigerant circuit (11) and the hot water supply channel (40) are connected to each other via the water heat exchanger (13). The water heat exchanger (13) is shared by the heat source apparatus (10) and the hot water supply apparatus (20).”
Claim(s) 58 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zachary in view of Widenhorn and Uechi as applied to claim 51 above, further evidenced by the attached NPL to The Engineering ToolBox, Optimal Combustion Process, note an accessibility date of 2017, and further in view of US 20190242576 A1 to Gustafsson and US 20200049426 A1 to Kolenko.
Regarding claim 58. Modified Zachary teaches the method as claimed in claim 51, wherein
the turbine uses a high air to fuel ratio, in excess of 30% air by weight (the device of modified Zachary uses the suitable gas turbine system of Widenhorn. As described in The Engineering ToolBox, gas turbines run very lean with up to 300 percent excess air, which is understood to correspond to more than 30% air by weight) yielding available heat from subsequent condensation (It is understood that water vapor is a product of combustion which yields heat upon condensation);
But fails to teach wherein the main conduit comprises an outlet fan and said fan is controlled to control back pressure on the flue gas heat exchanger in order to prevent excessive fuel consumption; and
wherein the pressure in the flue gas heat exchanger is maintained in the range of 5mB to 20mB; and wherein the system is disabled if the pressure in the flue gas heat exchange rises above 20mB.
Gustafsson teaches a main conduit comprising an outlet fan (fig. 2, fan 80) and a controller configured to control said fan to control pressure in a flue gas heat exchanger (para. 90, “a continuously adjustable flue gas fan” where adjustments would be understood to be made by a controller, per se).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of Zachary to implement a suitable exhaust fan, as taught by Gustafsson. This would provide the predictable result and benefit of suitably drawing the flue gas through the system, as suggested by Gustafsson in para. 70, “Flue gas from the boiler (100) is drawn by a fan (80) and released through a smoke stack or flue pipe (110).” Further, this would prevent excessive fuel consumption by drawing the exhaust gases out.
Further, Kolenko teaches regulating draft and pressure by a modulating pressure controller (para. 6, “In some embodiments of the heat recovery system, a modulating pressure controller may be used to monitor and regulate draft and pressure within the exhaust fan and the motorized dampers.”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the device of Zachary to regulate the draft pressure of the flue exhaust, as taught by Kolenko. This would provide the predictable result and benefit of maintaining constant boiler, or turbine, pressure, as suggested by Kolenko in para. 25, “The pressure sensor is an important element in the heat recover system's 10 efficiency. It is important to have a high-quality pressure sensor that has a quick response time to adequately modulate the exhaust fan 28 speed. A response time under 20 seconds is preferred. Another modulating pressure controller will preferably monitor draft and pressure used with fans and dampers to maintain constant boiler pressure. The systems' goal will be to maintain stack pressure as close as possible to the boiler manufacture's specifications.”
With regards to the limitation of “wherein the pressure in the flue gas heat exchanger is maintained in the range of 5mB to 20mB; and wherein the controller is configured to disable the system if the pressure in the flue gas heat exchanger rises above 20mB”, it is the examiner’s position that controlling the draft to within a specific pressure range has predictable and expected results. For example, this pressure range could be optimized by decreasing for more exhaust flow and increasing for more range of operation, the result of this optimization would have predictable and expected results. Since a pressure range is a results effective variable which could be achieved through routine experimentation, the range is selected expectedly based on the desired application.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to optimize the range to within 5 to 20 mB, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05 Section II A and B.
Furthermore, it would have been obvious to disable the system if the parameters exceeded the desired range, since the desired draft would no longer be present and/or achievable by the control system.
Allowable Subject Matter
Claims 37, 40-41, 46, 48, 52, 54, and 57 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any inter