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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/29/2026 has been entered.
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, 4-10 and 12-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Umeoka (JP2000111287A) in view of Benson (US20100025407A1).
Regarding claim 1, Umeoka teaches a thermal store (see Fig. 1-9), comprising: a basic framework with a three-dimensional grid having a plurality of cells (tank units 1); and boundary surfaces (surfaces therebetween) between adjacent ones of the cells that are surrounded by grid lines of the grid that are arranged at edges of the cells, wherein at least one of the boundary surfaces between adjacent cells is permeable (see connections in Fig. 1, element 6, or Fig. 6, 21c) to a fluid to form a flow path from cell to cell for the fluid.
Umeoka does not teach girders which form supports in the basic framework of the thermal store and are arranged in an area of the grid lines of the grid and connected to one another in an area of grid points of the grid at the edges of the cells to form the plurality of cells, wherein at least some of the girders form the edges of the cells for a plurality of adjacent ones of the cells.
Benson teaches (see Fig. 1 & 9) girders (frame 20 including two or more beams 22, posts 24, connected together to form “girders” – see also ¶[0041]) which form supports in the basic framework of the thermal store and are arranged in an area of the grid lines of the grid at the edges of the cells, and connected to one another in an area of grid points of the grid to form the plurality of cells, wherein at least some of the girders form the edges of the cells for a plurality of adjacent ones of the cells (see annotated Fig. 9 below).
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified to include the girders of Benson, in order to provide strength and rigidity (¶[0041]).
Regarding claim 2, Umeoka teaches the limitations of claim 1, and Umeoka further teaches at least one of the boundary surfaces between adjacent cells is impermeable to the fluid (via partition lid/cover – 4-3).
Regarding claim 4, Umeoka teaches the limitations of claim 1, and Umeoka further teaches the thermal store includes a plurality of modules each forming a cell (tank units 1) of the grid, the modules being arranged adjacent to one another and/or one over another and connected to one another in such a way that the modules form the basic framework and/or parts of the basic framework the thermal store.
Regarding claim 5, Umeoka teaches the limitations of claim 1, and Umeoka further teaches the thermal store includes a filling with a thermal storage material (thermal storage material 5) which is designed as a bulk material and/or lining through which the fluid can flow.
Regarding claim 6, Umeoka teaches the limitations of claim 1, and Umeoka further teaches the boundary surfaces (surfaces of 1) permeable to the fluid and abutting one another are open and wherein the filling forms a continuous bulk material and/or lining (5) uninterrupted by the open boundary surfaces.
Regarding claim 7-8, Umeoka teaches the limitations of claim 7, and Umeoka further teaches a part of the abutting boundary surfaces is not permeable to the fluid in order to preset a flow path through the thermal store for the fluid, and the boundary surfaces not permeable to the fluid include intermediate walls and/or intermediate floors (partition lid/cover – 4-3).
Regarding claim 9, Umeoka teaches the limitations of claim 1, and Umeoka further teaches the boundary surfaces are rectangular (see shapes of tank units 1).
Regarding claim 10, Umeoka teaches the limitations of claim 1, and Umeoka further teaches the cells have identical dimensions (see identical tank units 1).
Regarding claim 12, Umeoka teaches a method for providing a thermal store (see Fig. 1-9), comprising: forming a basic framework with a three-dimensional grid having a plurality of cells (tank units 1), wherein boundary surfaces (surfaces thereof) between adjacent ones of the cells are surrounded by grid lines of the grid that are arranged at edges of the cells, at least one of the boundary surfaces between adjacent cells being permeable (see connections therebetween) to a fluid to form a flow path from cell to cell for the fluid; pre-finishing a plurality of modules (tank units 1) and/or structural elements of the basic framework; transporting the modules to an installation location (installation…small land – Page 17) of the thermal store; and arranging (assembled vertically and horizontally - Page 15) the modules adjacent to one another and/or one over another and connected to one another to form the basic framework of the thermal store.
Umeoka does not teach girders which form supports in the basic framework of the thermal store and are arranged in an area of the grid lines of the grid and connected to one another in an area of grid points of the grid at the edges of the cells to form the plurality of cells, wherein at least some of the girders form the edges of the cells for a plurality of adjacent ones of the cells.
Benson teaches (see Fig. 1 & 9) girders (frame 20 including two or more beams 22, posts 24, connected together to form “girders” – see also ¶[0041]) which form supports in the basic framework of the thermal store and are arranged in an area of the grid lines of the grid at the edges of the cells, and connected to one another in an area of grid points of the grid to form the plurality of cells, wherein at least some of the girders form the edges of the cells for a plurality of adjacent ones of the cells (see annotated Fig. 9 above).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified to include the girders of Benson, in order to provide strength and rigidity (¶[0041]).
Regarding claim 13, Umeoka teaches the limitations of claim 12, and Umeoka further teaches the thermal store is filled with a thermal storage medium after connecting the modules (after connecting…heat storage material is filled - Page 15)
Regarding claim 14, Umeoka teaches the limitations of claim 12, and Umeoka further teaches wherein the modules (1), floors, ceilings, outer walls, intermediate walls, and/or intermediate floors compatible with one another and used in the thermal store are prefinished in dimensions already defined before planning of the thermal store (after installation…number of heat storage tanks units 1 can be easily increased).
Regarding claim 15, Umeoka teaches the limitations of claim 12, and Umeoka further teaches the boundary surfaces are rectangular and the cells are cuboid (see shaped of tank units 1).
Regarding claim 16, Umeoka teaches the limitations of claim 14, and Umeoka further teaches wherein the modules (1), floors, ceilings, outer walls, intermediate walls, and/or intermediate floors are stocked prior to the planning of the thermal store (after installation…number of heat storage tanks units 1 can be easily increased – Page 15).
Regarding claim 17, Umeoka teaches the limitations of claim 5, and Umeoka further teaches the boundary surfaces permeable to the fluid and abutting one another are open and wherein the filling forms a continuous bulk material and/or lining (5) uninterrupted by the open boundary surfaces.
Regarding claims 18-19, Umeoka teaches the limitations of claims 1/12, and Umeoka further teaches wherein at least one of the boundary surfaces between adjacent cells is open between the adjacent cells (1, see openings therebetween).
Regarding claims 20-21, Umeoka teaches the limitations of claims 1/12, and Benson further teaches as modified further teaches wherein at least one of the girders (22/24) is provided at the edges of more than one of the cells.
Response to Arguments
Applicant's arguments filed 6/29/2026 have been fully considered but they are not persuasive.
Applicant argues the beams and posts of Benson are used only for a single container, and thus the combination of Umeoka and Benson does not teach or suggest at least some of the girders form the edges of the cells for a plurality of adjacent ones of the cells. Applicant further contends that such a modification would defeat the purpose of Benson.
Examiner respectfully traverses this argument. Specifically, the claim does not preclude wherein the girders are each include two or more connected beams/columns (see ¶[0041]), and thus Benson teaches the limitations at issue. Examiner further contends that as Benson teaches the limitation at issue, the combination does not defeat the purpose of Benson.
For at least the reasons stated above, Applicant’s arguments are found unpersuasive and the rejection is maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S RUPPERT whose telephone number is (571)272-9911. The examiner can normally be reached Monday - Friday 8 am - 4 pm.
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/ERIC S RUPPERT/Primary Examiner, Art Unit 3763
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