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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-12, and Species 1-A, reading on claims 1-9, 11, and 12, in the reply filed on April 7, 2026 is acknowledged. Claims 10 and 13-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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 1-9, 11, and 12 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 1, the relationship between “a heating subsystem” (at line 8) and “at least one of a heat-generation system or a heat-transfer system” previously set forth in the claim (at lines 6-7) is unclear.
Furthermore, the limitation “a heating subsystem … including at least one of; …” (beginning at lines 8-9) is unclear because it is unclear as to whether the “at least one” element should be selected from “a first furnace” (at lines 10-12) and “a second furnace” (at lines 13-14); or “a first furnace”, “a second furnace”, AND “a discharge subsystem” (at lines 16-20). As best understood, it appears that the “heating subsystem” should be selected from only “a first furnace” and “a second furnace”, since “a discharge subsystem” does not perform a heating function. Therefore, the examiner suggests indenting the limitations with respect to “a first furnace” and “a second furnace” (at lines 10-15), and further inserting the word --and-- after “renewable power;” (at line 12).
Furthermore, the limitation “a first thermal product carrying at least one of carbon-neutral or carbon-negative heat created from at least one of the first furnace or the second furnace” (at lines 16-18) is unclear. Firstly, the second furnace forms only “one of a carbon-neutral or carbon-negative heat” (at lines 14-15). Secondly, the claim sets forth that the carbon-neutral or carbon-negative heat is only formed by “a second furnace” (at lines 13-15).
Regarding claim 3, the recitation of “manufactured material, including ceramic pebbles, ceramic blocks and cement blocks, or a mixture thereof” (at lines 3-5) is unclear. Firstly, it is unclear as to whether the “manufactured material” should be selected from “ceramic pebbles, ceramic blocks and cement blocks”, or whether the “manufactured material” should be selected from “ceramic pebbles, ceramic blocks and cement blocks, or a mixture thereof”. Secondly, it is unclear as to whether “a mixture thereof” (at line 5) should be selected from “ceramic pebbles, ceramic blocks and cement blocks”, or whether “a mixture thereof” should be selected from “sand, rocks, aggregate, crushed aggregate, concrete blocks, ceramic blocks, iron ore pellets, scrap metal, manufactured material, including ceramic pebbles, ceramic blocks and cement blocks” (at lines 3-5). Thirdly, the relationship between the “ceramic blocks” (at line 5) and the “ceramic blocks” previously set forth in the claim (at line 3) is unclear.
Regarding claim 5, the recitation of “the reservoir system” (at line 1) lacks proper positive antecedent basis. The word “system” should be changed to --subsystem--.
Regarding claim 6, the recitation of “the reservoir system” (at line 1) lacks proper positive antecedent basis. The word “system” should be changed to --subsystem--.
Regarding claim 7, the relationship between “a primary boiler” (at line 2) and “a heat-exchanger subsystem” previously set forth in claim 2 (at lines 3-4) is unclear.
Regarding claim 9, the limitation “a separator configured to perform a separation operation for receiving the third thermal product and generating a quantity of H2 and a separate quantity of CO2 therefrom” is unclear. As best understood, the separator is configured to --receive the third thermal product and perform a separation operation on the third thermal product to generate a quantity of H2 and a separate quantity of CO2 therefrom.--.
The remaining claims are also rejected for being dependent from a rejected base claim.
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.
Claims 1-6, 11, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson et al. (US 2022/0298966 A1).
Regarding claim 1, Anderson et al. discloses a system (i.e., a thermal battery system 10a, 10c; see FIG. 2A-B, 4A-B; paragraphs [0023]-[0024]) for storing and time-shifting at least one of electrical power (i.e., electricity supplied via a power and/or transmission line 54a) from an electrical power grid 18 (see paragraph [0094]), excess electrical power (see paragraph [0023]), renewable power (i.e., solar power from one or more solar receivers 50a, see paragraph [0082]; or solar and/or wind power supplied by a photovoltaic system, a concentrated solar power system, and/or a wind power system, see paragraph [0036]), or heat (i.e., heat from one or more industrial heat input sources 50a; see paragraph [0082]) for future use in assisting with a production of an industrial product, comprising:
a reservoir subsystem (i.e., a thermal storage system 20 comprising one or more thermally insulated, thermal storage units or vessels; see paragraphs [0043], [0047], [0053]) containing a quantity of a thermal storage medium (i.e., a fill media used as thermal storage media; see paragraphs [0050]-[0051]) configured to be heated using at least one of a heat-generation system or a heat-transfer system;
a heating subsystem configured to heat the quantity of thermal storage medium during a charge phase of operation (see FIG. 2A and 4A, showing the thermal battery system in its state of operation during charging), and including at least one of:
a first furnace (i.e., an electric heater 16, see paragraphs [0029]-[0037]; or a heating zone of a solar receiver 50a or other solar-powered heater, see paragraphs [0079], [0082]) for heating the quantity of thermal storage medium during the charge phase of operation (i.e., the electric heater 16/solar receiver 50a heats the thermal storage media in the thermal storage system 20 by indirectly heating a first fluid that is delivered to thermal storage system 20 (e.g., via streams 202, 204, and 206) and circulated through both the electric heater 16/solar receiver 50a and the thermal storage system 20 during the charging mode of operation) using the at least one of electrical power from an electrical power grid 18 (i.e., received via the power and/or transmission line 54a), excess electrical power (see paragraph [0023]), or renewable power (i.e., supplied by means which harness solar and/or wind energy; see paragraphs [0036], [0082]); and
a second furnace (i.e., a combustor 40; see paragraphs [0027], [0079]) for heating the thermal storage medium during the charge phase of operation (i.e., the combustor 40 can be located where element 50a is shown in FIG. 2A and 4A to permit the combustor to heat the first fluid that is delivered to the thermal storage system 20 during the charging mode of operation, even if no electric power is available to power the electric heater 16; see paragraph [0079]), using O2 and at least one other combustible component (i.e., the combustor 40 generates heat by combusting an emission-free fuel, such as hydrogen; see paragraph [0079]), to form one of a carbon-neutral or carbon-negative heat; and
a discharge subsystem (i.e., a subsystem including pipelines 208, 210 for discharging the first fluid stream from the thermal storage system 20 during a discharging mode of operation, as shown in FIG. 2B and 4B) configured to transfer a first thermal product (i.e., the first fluid, which was heated during the previous charging phase of operation) carrying at least one of carbon-neutral or carbon-negative heat created from at least one of the first furnace 16,50a, or second furnace 40,50a, in the form of a heated gas (see paragraph [0041]);
wherein the first thermal product is useable to create a second thermal product in a subsequent heat-intensive industrial operation (i.e., the first fluid stream can be used for: i) heating a second fluid stream 220 in a heat exchange system 12 to create a heated second fluid stream 212, wherein the heated second fluid stream 212 can be supplied to a turbine 24 to generate electrical power 36, and an expanded but still hot second fluid stream 222 from the turbine 24 can be used to supply heat energy to an industrial processing unit 44a, such as a chemical reactor, an industrial generator, e.g., steam generator, or a chemical separation system, e.g., distillation system; see paragraphs [0058],[0084],[0086]-[0088]; ii) heating a second fluid stream 220 in a heat exchange system 12 to create a heated second fluid stream 212, wherein the heated second fluid stream 212 can be supplied to a turbine 24 to generate electrical power 36a, wherein an expanded but still hot second fluid stream 222 from the turbine 24 can be supplied to a steam boiler 57 to produce pressurized steam, and wherein the pressured steam from the steam boiler 57 can be used to drive a steam turbine 56 to produce additional electrical power 36b; see paragraph [0096]; and/or iii) heating a second fluid stream 220 in a heat exchange system 12 to create a heated second fluid stream 212, wherein a spent first fluid stream 230 exiting the heat exchange system 12, which still contains residual heat, can be used to supply heat energy to an industrial processing unit 44b, such as a chemical reactor, an industrial generator, e.g., steam generator, or a chemical separation system, e.g., distillation system, see paragraphs [0085[,[0086],[0088]).
Regarding claim 2, Anderson et al. (see FIG. 2B, 4B) discloses that the discharge subsystem is configured to use a pipeline (i.e., a pipeline 208, 210) to transfer the first thermal product (i.e., the first fluid, which was heated during the previous charging phase of operation) from the reservoir subsystem 20 to a heat-exchanger subsystem being used with the heat-intensive industrial operation (i.e., a heat exchange system 12, see paragraph [0059]-[0066]; or a heat exchanger inherent of a steam boiler 57; or a heat exchanger inherent of an industrial processing unit 44a,44b), wherein the heated gas comprises at least one of air, N2 or CO2 (i.e., the first fluid can comprise a gas, such as air; see paragraph [0041]) output from the reservoir subsystem 20 during a discharge phase of operation, and the heated gas being used to generate the second thermal product (i.e., a thermal product comprising the heated second fluid stream 212, the pressurized steam from the steam boiler 57, and/or the steam from a steam generator of the industrial processing unit 44a,44b, see paragraph [0088]).
Regarding claim 3, Anderson et al. discloses that the thermal storage medium 20 can comprise at least one of the claimed materials, including sand, ceramic pebbles, and ceramic blocks (see paragraphs [0050]-[0051]).
Regarding claim 4, Anderson et al. discloses that the at least one other combustible component can comprise hydrogen (i.e., the combustor 40 burns an emission-free fuel, such as hydrogen; see paragraph [0079]).
Regarding claim 5, Anderson et al. discloses that the reservoir system 20 is operable as a high-temperature heat storage reservoir for maintaining a temperature of the quantity of thermal storage medium at a temperature of one of: 400-650° C. or 550-950° C (i.e., the thermal storage system 20 receives the first fluid during the charging phase of operation to heat the thermal storage medium; wherein the first fluid can be heated to a suitable temperature, such as a temperature greater than or equal to 600 °C, by controlling the amount of heat supplied by the electric heater 16 and/or additional heat source 40,50a; see FIG. 2A, 4A; paragraphs [0040], [0043]). Note, however, that the specific temperature of the thermal storage medium pertains to an intended use of the apparatus which does not impart further structural limitation to the apparatus as claimed. See MPEP § 2114.
Regarding claim 6, the reservoir system 20 of Anderson et al. would be capable of operating as a medium-temperature heat storage reservoir for maintaining a temperature of the quantity of thermal storage medium at a temperature of one of: 40-110° C.; or 150-400° C.; or 280-480° C (i.e., the thermal storage system 20 receives the first fluid during the charging phase of operation to heat the thermal storage medium; wherein the first fluid can be heated to a temperature that maintains the thermal storage medium within a desired temperature range by controlling the amount of heat supplied by the electric heater 16 and/or additional heat source 40,50a; see FIG. 2A, 4A). Note, however, that the specific temperature of the thermal storage medium pertains to an intended use of the apparatus which does not impart further structural limitation to the apparatus claimed. See MPEP § 2114.
Regarding claim 11, Anderson et al. discloses that the first furnace comprises an electrical furnace (i.e., an electric heater 16; see FIG. 2A, 4A; paragraphs [0029]-[0041]).
Regarding claim 12, Anderson et al. discloses that the second furnace comprises an oxy-combustion furnace (i.e., a combustor 40 configured to burn a fuel, e.g., an emission-free fuel such as hydrogen; see FIG. 2A, 4A; paragraph [0079]).
Claims 1-9, 11, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Faka et al. (WO 2021/203176 A1).
Regarding claim 1, Faka et al. discloses a system (see FIG. 1) for storing and time-shifting at least one of electrical power (i.e., electricity generated by photovoltaic cells PV; see page 9, line 34, to page 10, line 3), renewable power (i.e., solar power or other renewable energy sources, including a geothermal heat source, wind turbine generators, or ocean wave powered generators, see page 8, lines 19-27), or heat (i.e., heat from a supplemental heat source 22; or heat from a concentrated solar thermal CST plant) for future use in assisting with a production of an industrial product, the system comprising:
a reservoir subsystem (i.e., a heat storage facility 18) containing a quantity of a thermal storage medium (i.e., a volume of heat storage medium 16), and being configured to be heated using at least one of a heat-generation system or a heat-transfer system (see, e.g., page 8, line 32, to page 9, line 7);
a heating subsystem configured to heat the quantity of thermal storage medium 16 during a charge phase of operation, and including at least one of:
a first furnace for heating the quantity of thermal storage medium during the charge phase of operation using the at least one of excess electrical power or renewable power (i.e., the heat storage medium 16 can be heated using the heat derived from electricity produced by the photovoltaic cells PV or the heat received by the concentrated solar thermal CST plant, see page 9, line 34, to page 10, line 3-37; also, the heat storage medium 16 can be heated using the heat from the supplemental heat source 22, such as a unit that generates heat via resistive or inductive heaters powered by electricity, see page 11, lines 12-15); and
a second furnace (i.e., the supplemental heat source 22 can also comprise a combustion unit; see page 11, lines 15-23) for heating the thermal storage medium 16 during the charge phase of operation, using O2 (i.e., from an electrolysis unit 24) and at least one other combustible component (i.e., a portion of the natural gas NG), to form one of a carbon-neutral or carbon-negative heat; and
a discharge subsystem (i.e., a subsystem including a pipeline of a heat transfer circuit C connected to the heat storage facility 18), configured to transfer a first thermal product (i.e., a heat transfer fluid, which was heated during the previous charging phase of operation) carrying at least one of carbon-neutral or carbon-negative heat created from at least one of the first furnace or the second furnace, in the form of a heated gas (e.g., as a gas or gas mixture; see page 9, lines 17-22), which is useable to create a second thermal product in a subsequent heat-intensive industrial operation (i.e., the heat transfer fluid can be used to create a heated reactant feed stream at a pre-heater 26 or a hot syngas product at a reforming reactor 20).
Regarding claim 2, Faka et al. (see FIG. 1) discloses that the discharge subsystem is configured to use a pipeline (i.e., a pipeline of the heat transfer circuit C) to transfer the first thermal product comprising heated gas from the reservoir subsystem 18 to a heat-exchanger subsystem used with the heat-intensive industrial operation (i.e., a heat exchanger of the pre-heater 26; or a heat exchanger of the reactor 20), wherein the heated gas is output from the reservoir subsystem 18 during a discharge phase of operation, and the heated gas is used to generate the second thermal product (i.e., to generate the heated reactant feed stream or the hot syngas product). However, the further recitation of the heated gas comprising at least one of air, N2 or CO2 does not structurally limit the claim because the gas is merely a material to be worked upon by the apparatus during an intended operation. See MPEP § 2115.
Regarding claim 3, Faka et al. discloses that the thermal storage medium 16 can comprise ceramic pebbles (i.e., ceramic beads, see page 24, lines 34-35).
Regarding claim 4, Faka et al. discloses that the at least one other combustible component (i.e., the fuel to be combusted at the supplemental heat source 22; see FIG. 1; see page 11, lines 15-23) can comprise natural gas NG.
Regarding claim 5, the reservoir subsystem 18 of Faka et al. would be capable of operating as a high-temperature heat storage reservoir for maintaining a temperature of the quantity of thermal storage medium 16 at a temperature of one of: 400-650° C. or 550-950° C (i.e., the heat storage medium 16 is capable of holding a temperature set by the heat transfer fluid circulating through the heat transfer circuit C and the heat storage facility 18 during the charging phase of operation; see, e.g., page 10, at lines 34-37). However, the specific temperature of the thermal storage medium 16 pertains to an intended use of the apparatus that does not impart further structural limitation to the apparatus claimed. See MPEP § 2114.
Regarding claim 6, the reservoir subsystem 18 of Faka et al. would be capable of operating as a medium-temperature heat storage reservoir for maintaining a temperature of the quantity of thermal storage medium 16 at a temperature of one of: 40-110° C., 150-400° C., or 280-480° C (i.e., the heat storage medium 16 is capable of holding a temperature set by the heat transfer fluid circulating through the heat transfer circuit C and the heat storage facility 18 during the charging phase of operation). However, the specific temperature of the thermal storage medium 16 pertains to an intended use of the apparatus which does not impart further structural limitation to the apparatus claimed. See MPEP § 2114.
Regarding claim 7, Faka et al. (see FIG. 1) discloses that the system comprises:
a primary boiler (i.e., a pre-heater 26 for heating the reactants, including methane NG, water (H2O), and carbon dioxide (CO2), prior to them reaching the reactor 20; see page 11, lines 25-35) for receiving the first thermal product (i.e., via the energy or heat transfer circuit C) and generating the second thermal product therefrom, the second thermal product comprising steam (i.e., the water (H2O) can be heated by the pre-heater 26 to produce steam); and
a steam methane reformer (SMR) (i.e., the reactor 20 can be configured for steam methane reforming; see page 2, lines 30-32) for receiving the steam and at least one of natural gas or biomethane (i.e., methane/natural gas NG), and generating a third product comprising a quantity of H2 mixed with a quantity of CO2 (i.e., the third product comprises syngas containing hydrogen (H2) generated from the reforming reaction and CO2 introduced with the reactants; see page 12, line 35, to page 13, line 1; also, reforming reaction 1 on page 20, at lines 24-25).
Regarding claim 8, Faka et al. discloses that the third product comprises a quantity of H2 mixed with a quantity of CO and a quantity of CO2 (i.e., the third product comprises syngas containing hydrogen (H2) and carbon monoxide (CO) generated from the reforming reaction and CO2 introduced with the reactants; see page 12, line 35, to page 13, line 1; also, reforming reaction 1 on page 20, at lines 24-25).
Regarding claim 9, Faka et al. also discloses a separator (i.e., a CO2 separation unit 128, see FIG. 9; page 22, lines 1-3) configured to receive the third thermal product and perform a separation operation to generate a quantity of H2 (i.e., via a hydrogen conduit 146) and a separate quantity of CO2 (i.e., via a carbon dioxide conduit 148) therefrom.
Regarding claim 11, Faka et al. (see FIG. 1) discloses that the first furnace can comprise an electrical furnace (i.e., the storage medium 16 can be heated using the electricity produced by the photovoltaic cells PV, see page 9, line 34, to page 10, line 3-37; also, the heat source 22 can generate heat for heating the storage medium 16 via resistive or inductive heaters powered by electricity, see page 11, lines 12-15).
Regarding claim 12, Faka et al. (see FIG. 1) discloses that the second furnace can comprise an oxy-combustion furnace (i.e., the heat source 22 can comprise a unit for combusting some of the hydrocarbon NG with oxygen (O2) supplied by an electrolysis unit 22 to generate heat for heating the storage medium 16; see page 11, lines 15-23).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The Merriam-Webster Dictionary is cited to define the word “reservoir” (noun).
Meksvanh et al. (US 2006/0048770 A1) and Mokheimer et al. (US 2017/0009561 A1) are also cited to further illustrate the state of the art.
* * *
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER A LEUNG whose telephone number is (571)272-1449. The examiner can normally be reached Monday - Friday 9:30 AM - 4:30 PM EST.
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, CLAIRE X WANG can be reached at (571)270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENNIFER A LEUNG/Primary Examiner, Art Unit 1774
Prosecution Insights