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 .
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.
Claim(s) 1 and 10 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Anquez (FR2400162A).
Regarding claim 1, Anquez discloses a thermal energy storage device (see Fig. 1-2) comprising: an air distribution conduit (elements 1-5) comprising an inner portion and an outer portion; and a phase change material (phase change substance 3), wherein the inner portion of the air distribution conduit comprises integral layers (walls 2a, 2) wherein the integral layers comprise a first layer (wall 2a) positioned on the inner portion of the air distribution conduit and second layer (wall 2) opposite and facing the first layer, and wherein the phase change material is sandwiched between the first layer and the second layer of the inner portion of the air distribution conduit.
Regarding claim 10, Anquez discloses the limitations of claim 1, and Anquez further discloses insulation (insulating material 4) formed onto the outer portion of the air distribution conduit.
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anquez (FR2400162A) in view of Halloway (WO20100092391A1), hereinafter Halloway2.
Regarding claim 2, Anquez discloses the limitations of claim 1, and does not teach the phase change material comprises a paraffin, a salt hydrate, or a combination thereof.
Halloway teaches the phase change material comprises a paraffin, a salt hydrate, or a combination thereof (paraffins, salt hydrates - ¶[0120]).
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 Anquez to include the phase change materials of Halloway, in order to provide a PCM with a large latent heat capacity (¶[0003]).
Claim(s) 4, 11, 14-15, 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anquez (FR2400162A) in view of Halloway (WO20100092393A1)
Regarding claim 4, Anquez teaches the limitations of claim 1, and wherein the integral layers are formed from a plastic, a metal, or a combination thereof.
Halloway teaches the integral layers are formed from a plastic, a metal, or a combination thereof (¶[0010]).
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 Anquez to include the materials of Halloway, as it has been held obvious to provide a simple substitution of one known element for another to obtain predictable results (see MPEP 2143).
Regarding claim 11, Anquez teaches the thermal energy storage device according to claim 1, and does not teach a thermal energy storage system for buildings comprising: the thermal energy storage device; at least one air distribution conduit without a phase change material that runs in parallel to the air distribution conduit of the thermal energy storage device; and an air distribution apparatus that provides air into the device and air distribution conduit without a phase change material which are in fluid communication with the air distribution apparatus.
Halloway teaches a thermal energy storage system (see Fig. 40 & 51/52) for buildings comprising: the thermal energy storage device; at least one air distribution conduit (A & “bypass” - ¶[0165]) without a phase change material that runs in parallel to the air distribution conduit (see conduit with PCM modules; Fig. 40 & ¶[0165]) of the thermal energy storage device; and an air distribution apparatus (289 & 290; Fig. 51 or 291; Fig. 52) that provides air into the device and air distribution conduit without a phase change material which are in fluid communication with the air distribution apparatus.
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 Anquez to include device in a thermal energy storage system for buildings with the bypass and air distribution apparatus as taught by Halloway, in order to bypass the PCM module when it is not charged (¶[0165]) and in order to provide means to force cool air through the system (¶[0180]).
Regarding claim 14, Anquez as modified teaches the limitations of claim 11, and Halloway further teaches a controller (control system & microcontroller ¶[0154]) that is in operable communication with the air distribution apparatus and/or the thermal energy storage device (via temperature/resistance sensors), one or more computer-readable storage mediums in operable communication with the controller, and contains programming instructions that, when executed, cause the controller to perform multiple tasks (¶[0064]).
Regarding claim 15, Anquez as modified teaches the limitations of claim 11, and Halloway further teaches the thermal energy storage device is in fluid communication with the air distribution device through one or more control dampers (see unlabeled damper in Fig. 40).
Regarding claim 17, Anquez as modified teaches the limitations of claim 11, and Halloway further teaches the air distribution conduits with and without phase change materials are secured in a framing device (ceiling frame 33 – Fig. 3).
Regarding claim 18, Anquez as modified the limitations of claim 11, and Halloway further teaches the system comprises multiple thermal energy storage devices in which at least some of the devices have different phase change materials with different phase change temperatures to offer thermal energy storage in both heating and cooling modes (¶[0106]). 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 Anquez to include the false ceiling and framework of Halloway, in order to support the air ducts (¶[0111]).
Regarding claim 19, Anquez as modified teaches the limitations of claim 14, and Halloway further teaches the programming instructions comprise instructions and logic to reduce or increase total airflow volume that reduces or increases supply air temperature and accelerates phase transition of the phase change material (¶[0064]).
Regarding claim 20, Anquez as modified teaches the limitations of claim 19, and Halloway further teaches the total airflow volume is controlled by increasing or decreasing total airflow resistance of the air distribution apparatus by adjusting settings of control dampers (¶[0064]).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anquez (FR2400162A), Halloway (WO20100092393A1) and Halloway (WO20100092391A1), hereinafter Halloway2.
Regarding claim 13, Anquez as modified teaches the limitations of claim 11, and Halloway further teaches temperature sensors (¶[0064]), however is silent to pressure sensors.
Halloway2 teaches pressure sensors (75; Fig. 10), in order to automatically adjust the fan speed (¶0108]).
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 Halloway with the pressure sensors of Halloway2, in order to automatically adjust the fan speed (¶0108]).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anquez (FR2400162A), Halloway (WO20100092393A1) and Nesler (US20160334825A1).
Regarding claim 21, Anquez as modified further teaches a method of storing and discharging thermal energy in a thermal energy storage system for buildings (as modified), the method comprising: subjecting the thermal energy storage device of the thermal energy storage system according to claim 11 to a temperature that causes the phase change material to go through a latent transition and store thermal energy; and distributing air through the thermal energy storage device to discharge stored energy and provide conditioned air (¶[0004]).
Anquez as modified does not teach automatically: (1) reducing peak energy in response to utility demands; or (2) shifting a daily load profile in response to requests, wherein (1) and (2) are automatically controlled with a controller in operable communication with the air distribution apparatus and/or the thermal energy storage device, one or more computer-readable storage mediums in operable communication with the controller, and programming instructions that, when executed, cause the controller to perform (1) or (2).
Nesler teaches automatically: (1) reducing peak energy in response to utility demands (reduce peak demands - ¶[0068]); or (2) shifting a daily load profile in response to requests (shift electrical loads…using the stored…thermal storage - ¶[0068]), wherein (1) and (2) are automatically controlled with a controller in operable communication with the air distribution apparatus and/or the thermal energy storage device, one or more computer-readable storage mediums in operable communication with the controller (¶[0058]), and programming instructions that, when executed, cause the controller to perform (1) or (2) (¶[0068]).
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 Anquez to include the automatic controls of Nesler, in order to reduce energy costs while maintaining building comfort levels (¶[0068]).
Response to Arguments
Applicant’s arguments with respect to the claim(s) 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.
Conclusion
THIS ACTION IS MADE FINAL. 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 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