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 .
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 “braking mechanism” of claim 22 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“braking mechanism” in claim 22.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 22 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 22 recites the limitation “braking mechanism” which invokes 112(f), however, the specification fails to disclose any structural features which correspond to this limitation. Therefore, claim 22 contains subject matter which fails to comply with the written description requirement.
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.
Claim 22 is 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.
Claim 22 recites the limitation “braking mechanism” which invokes 112(f), however, the specification fails to disclose any structural features which correspond to this limitation, thereby rendering the claim indefinite. Because the application fails to adequately set forth any corresponding structure, one of ordinary skill in the art cannot be reasonably certain of the structural metes and bounds of the claimed invention, and therefore, cannot be reasonably certain of what would constitute literal infringement.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 11-13, and 21-22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 11,333,373 B2 (herein “Kim”).
Regarding claim 1. Kim discloses a mobile energy storage system (Fig. 8) comprising:
a thermal energy storage unit (70);
an inlet (61-76-62 and 93-94 are openings capable of being inlets and outlets) through which the storage unit can be connected to a charging station, during a charging state;
an outlet (61-76-62 and 93-94 are openings capable of being inlets and outlets) by which the storage unit can be connected to a consumer, during a discharging state; and
a platform (60/80) connected to the storage unit, the platform comprising an apparatus that facilitates mobilization of the platform (wheels 85) to enable mobilization of the storage unit between the charging station and the consumer.
Regarding claim 2. Kim discloses the system of claim 1 comprising a fluid distribution system (63 and 73) to introduce a heat transfer fluid (inside 63 and 73) into the storage unit, circulate the HTF through the storage unit, and move the HTF out of the storage unit (loops 63 and 73 circulate HTF into, through, and out of the heat storage unit).
Regarding claim 3. Kim discloses the system of claim 2 wherein the fluid distribution system is capable of introducing cooled HTF via the inlet (cool HTF fluid enters inlet 76 through heat exchanger 67 to receive heat and transfer it to the heat storage unit 70) to circulate through the storage unit to charge the storage unit with thermal energy.
Regarding claim 4. Kim discloses the system of claim 2 wherein the fluid distribution system circulates the HTF through a charged storage unit to discharge the storage unit, thereby cooling the HTF (73 moves hot HTF from 73A to 73B to discharge heat from the heat storage unit and then returns cooled HTF from 73B to 73A).
Regarding claim 5. Kim discloses the system of claim 4 comprising a heat exchanger (67) which is capable of accepting cooled HTF from the storage unit (cooled HTF travels from the heat storage unit at 65 to the heat exchanger 67), to cool air using the cooled HTF and to output cooled air (heat exchanger 67 cools air flowing through 76).
Regarding claim 6. Kim discloses the system of claim 5 comprising a tube (31) which is capable of transporting cooled air from the outlet to a consumer.
Regarding claim 11. Kim discloses the system of claim 1 comprising a portable power source (battery 130) to provide power to components of the system.
Regarding claim 12. Kim discloses the system of claim 1 which is capable of being used with a consumer that is a parked vehicle.
Regarding claim 13. Kim discloses the system of claim 12 wherein the parked vehicle can be an aircraft.
Regarding claim 21. Kim discloses the system of claim 1 wherein the apparatus connected to the platform comprises one or more of: wheels, skis, or a chain track (wheels 85).
Regarding claim 22. Kim discloses the system of claim 1 comprising a braking mechanism capable of locking the apparatus during the charging state and during the discharging state (the electric motors 84 can be utilized as a braking mechanism, one example of which is shorting the stopped motors).
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.
Claims 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of US 2024/0027140 A1 (herein “Ling”).
Ling discloses a mobile heat storage device (Fig. 2) comprising: a container (5) housing a plurality of encapsulated heat storage units (6) ([0027]), wherein the heat storage units are connected in parallel (via manifolds at left side of units 6 in Fig. 2) to allow substantially simultaneous charging and discharging, and wherein the container is configured such that it could be stacked upon another container; and tubes (at left side of the device shown in Fig. 2) capable of being connected to a charging device or a discharging device and transferring air to and from the heat storage units.
In attempting to produce an improved mobile energy storage system, it would have been obvious to one of ordinary skill in the art to modify the system of Kim with the teachings of Ling’s mobile energy storage system which can make full use of various energy sources and reduce energy consumption (Ling: [0006]).
Regarding claim 6. The combined teachings of Kim and Ling disclose the system of claim 5 comprising a tube (Ling: left side of container in Fig. 2) capable of transporting cooled air from the outlet to the consumer.
Regarding claim 7. The combined teachings of Kim and Ling disclose the system of claim 2 wherein the energy storage unit comprises a container (Ling: 5), the container comprising: an HTF inlet to allow the HTF to enter the container (Ling: inlet at left of the container in Fig. 2, and manifolds at left of elements 6); an HTF outlet to allow the HTF to exit the container after being circulated through the container (Ling: outlet at left of the container in Fig. 2, and manifolds at left of elements 6); and capsules containing a phase change material (Ling: ([0027]) arranged within the container to provide a passage for the HTF to flow over the capsules while circulating through the container.
Regarding claim 8. The combined teachings of Kim and Ling disclose the system of claim 7 wherein the container (Ling: Fig. 2) is configured such that it is capable of being stacked upon another container.
Regarding claim 9. The combined teachings of Kim and Ling disclose the system of claim 1 comprising a plurality of thermal energy storage units (Ling: 6) configured to be discharged substantially simultaneously (Ling: manifolds connect units in parallel).
Regarding claim 10. The combined teachings of Kim and Ling disclose the system of claim 9 comprising: an ingoing pipe to provide HTF to the plurality of storage units, substantially simultaneously (Ling: one of the pipes/tubes at the left of the container in Fig. 2 leading to one of the manifolds), and an outgoing pipe to lead HTF out from the plurality of storage units, after the HTF circulated through the plurality of storage units substantially simultaneously (Ling: the other of the pipes/tubes at the left of the container in Fig. 2 leading to one of the manifolds).
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In view of the amendments to the claims, all previous 112(a) and 112(b) rejections have been withdrawn. Note: this office action contains new 112(a) and 112(b) rejections drawn to newly added claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jon T. Schermerhorn Jr. whose telephone number is (571)270-5283. The examiner can normally be reached M-F 9am to 5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at (571) 272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JON T. SCHERMERHORN JR./ Primary Examiner, Art Unit 3763