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 .
Response to Amendment
The response filed on December 26, 2025 is acknowledged. Claims 1-12 are pending in the application. Claims 7-12 are amended. One page of specification was received on December 26, 2025. The specification is acceptable to correct the obvious scrivener’s errors in the original disclosure.
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.
(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) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Varadaraj et al. (US 20030217971. Varadaraj hereinafter).
With respect to claim 1, Varadaraj discloses a heat storage tank system (Figs. 1-6) comprising: a heat storage tank (10) formed therein with an internal space in which hot water and cold water are stratified ([0022]); an upper diffuser (upper 36. Fig. 4) positioned in an upper space of the heat storage tank to (capable of) supply water; and a lower diffuser (lower 36. Fig. 4) positioned in a lower space of the heat storage tank to (capable of) supply water, wherein each of the upper diffuser and the lower diffuser includes: a first (left) nozzle formed on one (left) side thereof with a first discharge port (opening of left 36) for discharging the water; and a second (right) nozzle spaced apart at a predetermined distance from the first nozzle and having a second discharge port (opening of right 36) formed on one (right) side thereof opposite to the one side of the first nozzle formed with the first discharge port.
With respect to claims 2, Varadaraj discloses wherein the first discharge port and the second discharge port are provided as circular holes having an identical diameter (the discharge port of nozzles 37 appears to be identical to one another and Varadaraj does not teaches the need for different sizes nozzle. Fig. 5).
With respect to claim 3, Varadaraj discloses wherein a reference (horizontal) line for connecting a center of the first discharge port to a center of the second discharge port is perpendicular to a central (middle vertical) axis (aligned with 33) of the heat storage tank (same configuration as the Applicant’s invention).
With respect to claim 4, Varadaraj discloses wherein the heat storage tank has a central (middle vertical) axis (aligned with 33) positioned on a reference (horizontal) line for connecting a center of the first discharge port to a center of the second discharge port.
With respect to claim 5, Varadaraj discloses the heat storage tank system of claim 1, further comprising: a third nozzle (middle left 36) spaced apart at a predetermined distance from the first nozzle and formed on one (left) side thereof with a third discharge port (opening of middle left 36); and a fourth nozzle (middle right 36) spaced apart at a predetermined distance from the third nozzle, and having a fourth discharge port (opening of middle right 36) formed on one (right) side opposite to the one side of the third nozzle formed with the third discharge port, wherein a first reference (horizontal) line for connecting a center of the first discharge port to a center of the second discharge port and a second reference (horizontal) line for connecting a center of the third discharge port to a center of the fourth discharge port are parallel to each other (Fig. 4).
With respect to claim 6, Varadaraj discloses wherein the first reference line and the second reference line are spaced apart from a central (middle vertical) axis (aligned with 33) of the heat storage tank by an identical distance with the central axis interposed therebetween.
With respect to claim 7, Varadaraj discloses a heat storage system (Figs. 1-6) comprising: a heat storage tank (10); an upper diffuser (see Fig. 4 with additional annotations below) positioned in an upper region of the heat storage tank, the upper diffuser being hydraulically connected to an upper circulation line (two top horizontal plenum 36) that is configured to (capable of) supply fluid to or from the heat storage tank, the upper diffuser including: a first upper nozzle (see Fig. 4 with additional annotations below) having a first upper port (of 37) formed on a first (left) side of the upper diffuser, and a second upper nozzle having a second upper port (of 37) formed on a second (right) side of the upper diffuser that is opposite to the first side of the upper diffuser, wherein the first upper nozzle faces the second upper nozzle; and a lower diffuser positioned in a lower region of the heat storage tank, the lower diffuser being hydraulically connected to a lower circulation line (lower horizontal plenum 36) that is configured to (capable of) supply fluid to or from the heat storage tank, the lower diffuser including: a first lower nozzle (see Fig. 4 with additional annotations below) having a first lower port formed on a first side of the lower diffuser, and a second lower nozzle having a second lower port formed on a second side of the lower diffuser that is opposite to the first side of the lower diffuser, wherein the first lower nozzle faces the second lower nozzle.
With respect to claims 8, Varadaraj discloses wherein the first upper port and the second upper port are provided as circular holes having an identical diameter (the discharge port of nozzles 37 appears to be identical to one another and Varadaraj does not teaches the need for different sizes nozzle. Fig. 5).
With respect to claim 9, Varadaraj discloses wherein a reference (horizontal) line connecting a center of the first upper port to a center of the second upper port is perpendicular to a central (middle vertical) axis (aligned with 33) of the heat storage tank (same configuration as the Applicant’s invention).
With respect to claim 10, Varadaraj discloses wherein a reference (horizontal) line connecting a center of the first upper port to a center of the second upper port is positioned on a central (middle vertical) axis (aligned with 33) of the heat storage tank.
With respect to claim 11, Varadaraj discloses the heat storage tank system of claim 7, further comprising: a third upper nozzle (see Fig. 4 with additional annotations below) spaced apart at a predetermined (vertical) distance from the first upper nozzle and formed on the first side of the upper diffuser, the third upper nozzle having a third upper port (of 37); and a fourth upper nozzle spaced apart at the predetermined distance from the third upper nozzle, and having a fourth upper port formed on the second side of the upper diffuser, wherein (a) a first reference line connecting a center of the first upper port to a center of the second upper port and (b) a second reference line connecting a center of the third upper port and a center of the fourth upper port are (both horizontal and) parallel with each other.
With respect to claim 12, Varadaraj discloses wherein the first reference line is spaced apart (offset) from a central axis (at 33) of the heat storage tank by a spaced distance (Fig. 6 shows dotted lines 38 that represent the first and second reference lines that offset from the riser pipe 33 a spaced distance), and the second reference line is spaced apart from the central axis of the heat storage tank by the spaced distance (Fig. 6).
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Response to Arguments
Applicant's arguments filed on December 26, 2025 have been fully considered but they are not persuasive. The Applicant argues that Varadaraj’s system does not allow the hot water and cold water to stratified. The Examiner respectfully disagrees. First, while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. See: MPEP §2114. In the instant case, Varadaraj discloses all of the structural limitations of the claimed invention. Varadaraj also discloses the opposed flow mixing "is conducted in the temperature range from about 20°C to about 150°C [with a preferred temperature range] from about 80°C to about 130°C." Second, a recitation of function may not distinguish over the prior art since an apparatus claim covers what a device is, not what it does. Clearly, the ability for the hot water and cold water to stratified is the function of the device (what it does) and not the device that is fully anticipated by Varadaraj (See detailed rejections elaborated above). A recitation directed to the manner in which a claimed apparatus is intended to be used does not differentiate the claimed apparatus from a prior art apparatus. The material or article (in this case, the hot water and cold water) worked upon also does not limit an apparatus claim but is rather an intended use of the apparatus. See: MPEP §§ 2114, 2115; See also: In re Schreiber, 128 F.3d 1473, 44 USPQ2d 1429 (Fed. Cir. 1997). Third, assuming, arguendo, if the term “stratified” is to be interpreted as a positively recited limitation (in this case, it is not), the term “stratified” appear to be a relative term which renders the claim indefinite. The term “stratified” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The Applicant argues that the term ““stratified” describes something that is "formed, deposited, or arranged in stable layers." Varadaraj’s system provided an internal space (same if not identical to the Applicant’s invention) in which hot water and cold water can be "formed, deposited, or arranged in stable layers." Now, what are stable layers? What is the meaning of stable layers? How long should the layers stay separated to meet the claim limitation? Is transition (mixture of two layers) between fluid/gas layers with a gradual progression or a fuzzy boundary allowed? Why and why not?
Applicant’s arguments with respect to claims 7-12 have been considered but are moot because the arguments do not apply to the new interpretation of reference and/or the combination of references being used in the current rejection.
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.
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/CHEE-CHONG LEE/ Primary Examiner, Art Unit 3752 January 21, 2026