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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 19 February 2026 has been entered.
Claim 1 remains as the sole pending claim.
Specification
The amendment filed 29 December 2023 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: pars. 0005 and 0010-012 of the specification include many elements that are not supported by the disclosure as originally filed including but not limited to: a pump, fluid distribution block, heat transfer mat, return fluid distribution block, coil, plastic or metal, picnic coolers, a hole with a cap, heat sink, circulation pump, fuel burner and thermistor.
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 1 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 1 recites “a fluid distribution block” in line 6. This element is not disclosed in the application as originally filed and considered new matter.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 10-2014-
0043197 A to Park et al. (Park). A machine translation (previously provided) was relied upon for
the basis of this rejection.
In reference to claim 1, Park discloses an energy facility comprising: a tank (200; Fig. 2, alternatively, the tank referenced in par. 0015) defining a confined space (inherent property of a tank); a fluid (cold water; par. 0015) filling the confined space; a thermoelectric generator (440) connected to the tank (via 320, 340); a heating element (par. 0015) connected to the tank and a fluid distribution block (320, 340).
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2009/0229274 A1 to Boulay et al. (Boulay).
In reference to claim 1, Boulay discloses an energy facility comprising: a tank (11; Figs. 1-7) defining a confined space (inherent property of a tank); a fluid (water; par. 0023) filling the confined space; a thermoelectric generator (70, 71) connected to the tank (see Figs.); a heating element (12) connected to the tank and a fluid distribution block (91).
Response to Arguments
Applicant's arguments filed 19 February 2026 have been fully considered but they are not persuasive.
In response to the objection to the specification of the previous Office action, Applicant states that “one of ordinary skill would find the identified information in the drawings submitted”. This statement is insufficient to traverse the objection. The Examiner invites Applicant to specifically identify the following in the originally filed disclosure: a pump, fluid distribution block, heat transfer mat, return fluid distribution block, coil, plastic or metal, picnic coolers, a hole with a cap, heat sink, circulation pump, fuel burner and thermistor.
Applicant states that “the cited and relied upon “440: Thermoelectric element”, being ambiguous, different from and lacking the features of the claimed “thermoelectric generator” in conjunction with other elements.” However, Applicant fails to provide any evidence to support the assertion. Additionally, Park explicitly uses the term “thermoelectric generation” in par. 0002 and describes the principles of operation and there does not appear to be any distinction from the operation of Applicant’s “thermoelectric generator”.
Applicant then states that Park’s explicit disclosure of a “tank” does not meet the limitation of a “confined space”. By definition a tank is “a large receptacle or storage chamber, especially for liquid or gas”. Applicant fails to provide any explanation how the “water supply device” or “tank” of Park is not “a confined space”.
The rejection is proper and remains.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2020/00309385 A1, EP 3525250 A2, US 2018/0135869 A1, WO 2016/151242 A2 and US 2013/0174580 A1 each also appear to anticipate claim 1 and may be relied upon in a subsequent Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN MATTHIAS whose telephone number is (571)272-5168. The examiner can normally be reached Monday-Wednesday 10am - 6pm Pacific Time.
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, Mark Laurenzi III can be reached at (571) 270-7878. 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.
/JONATHAN R MATTHIAS/Primary Examiner, Art Unit 3746
16 March 2026