DETAILED ACTION
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, 10-21 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schwartz USPN 4,405,010.
Regarding claim 1, Schwartz discloses a fluid reactor device, in particular a fluid purification device, comprising: a heat-transfer bed comprising a first opening (figure 2A: 72), a second opening (figure 2A: 74) and heat storage material arranged between the first opening and the second opening (figure 2A: 78 and 80; column 9, lines 24-35), wherein the heat storage material is configured to heat fluid flowing through the heat storage material such that the fluid heats up and reacts while flowing through the heat storage material (column 9, lines 24-35 and 57-68), and wherein at least one structural or thermal property of at least one of the heat-transfer bed and the heat storage material varies along at least one spatial direction (column 9, lines 21-45).
Although Schwartz does not explicitly disclose that the fluid is subject to an oxidation process or a reduction process, since the fluid is not actually being claimed, a fluid that is subject to an oxidation process or a reduction process could be passed through the system of Schwartz; therefore, the limitation is met. Claims directed to an apparatus must be distinguished in the prior art in terms of structure rather than function. MPEP 2114.
Regarding claim 2, Schwartz discloses that at least one of the following properties varies along at least one spatial direction: a structure of the heat storage material, a porosity of at least one of the heat-transfer bed and the heat storage material, a geometry of the heat storage material, a topography of the heat storage material, a heat capacity of the heat storage material and a heat transfer capacity of the heat storage material (see figure 2A; column 9, lines 21-56).
Regarding claim 3, Schwartz discloses that the heat storage material comprises at least one layer formed of block shaped heat storage material and at least one layer formed of bulk heat storage material (figure 2B; column 9, lines 36-45: perforated blocks, and in one embodiment the spaces between blocks have a high heat retaining material, which can be a bulk material; figure 2A, described in column 9, lines 24-35, also anticipates this claim, with the matrices of metal anticipating the claimed blocks and clay refractories anticipating the bulk material).
Regarding claim 4, Schwartz discloses that the heat storage material comprises at least a first layer, a second layer and a third layer arranged in sequence between the first opening and the second opening, and wherein the first layer and the third layer are formed of block shaped heat storage material and the second layer is formed of bulk heat storage material (figure 2B; column 9, lines 36-45: perforated blocks, and in one embodiment the spaces between blocks have a high heat retaining material, which can be a bulk material; figure 2A, described in column 9, lines 24-35, also anticipates this claim, with the matrices of metal anticipating the claimed blocks and clay refractories anticipating the bulk material).
Regarding claim 5, Schwartz discloses that extensions of the first layer and the third layer are different from each other along a thickness direction of the heat storage material, the thickness direction extending from the first opening to the second opening (figure 2A: various layers 78 are in different locations and are therefore different from each other; likewise with figure 2B: layers 82).
Regarding claim 6, Schwartz discloses that the heat storage material comprises at least a first layer, a second layer and a third layer arranged in sequence between the first opening and the second opening, and wherein the first layer and the third layer are formed of bulk heat storage material and the second layer is formed of block shaped heat storage material (figures 2A and 2B: there are many layers of both materials).
Regarding claim 10, since the layers of Schwartz are not completely uniform (see figure 2A), at least one of a structural property and a thermal property of the block shaped heat storage material would vary along at least one spatial direction.
Regarding claim 11, Schwartz discloses that the heat storage material comprises at least a first layer, a second layer and a third layer arranged in sequence between the first opening and the second opening, wherein each of the first, the second and the third layer is formed of block shaped heat storage material, and wherein the second layer is formed of different block shaped heat storage material than the first and the third layer (figure 2A: all of the various layers can be considered block shaped).
Regarding claim 12, since the layers of Schwartz are not completely uniform (see figure 2A), at least one of a structural property and a thermal property of the block shaped heat storage material would vary along at least one spatial direction.
Regarding claim 13, Schwartz discloses that the heat storage material is bulk heat storage material (column 9, lines 24-35: clay).
Regarding claims 14 and 16, Schwartz discloses that the granularity of the heat storage material increases or decreases along a thickness direction of the heat storage material from each of the first opening and the second opening toward a center of the heat storage material, wherein the thickness direction of the heat storage material extends from the first opening to the second opening (figure 2A: granularity increases and then decreases from one layer to another; it is noted that the claims do not require a continuous increase or decrease across the entire width).
Regarding claims 15 and 17, Schwartz discloses that at least one of the heat capacity and the heat transfer capacity of the heat storage material increases or decreases along a thickness direction of the heat storage material from each of the first opening and the second opening toward a center of the heat storage material, wherein the thickness direction of the heat storage material extends from the first opening to the second opening (figure 2A: heat transfer capacity increases and then decreases from one layer to another; it is noted that the claims do not require a continuous increase or decrease across the entire width).
Regarding claims 18-20, Schwartz discloses a first plenum fluidly coupled to the first opening of the heat-transfer bed, wherein the first plenum extends lengthwise along a first spatial direction such that fluid travels through the first plenum along the first spatial direction during a time period in which the first plenum is configured to supply the fluid to the heat-transfer bed (figure 2A: plenum of 70), and wherein the granularity of the heat storage material increases and the heat transfer capacity increases or decreases along the first spatial direction (figure 2A: granularity and heat transfer capacity vary across layers and therefore increase or decrease from one layer to another).
Regarding claim 21, Schwartz discloses that the heat storage material comprises a mixture of at least two different materials exhibiting at least one of different heat capacities and different heat transfer capacities, and wherein concentrations of the at least two different materials in the heat storage material vary (figure 2A: materials 78 and 80 are different and since there are multiple layers, they can be deemed to be mixed with different concentrations).
Regarding claim 23, Schwartz discloses a method for operating a fluid reactor device according to claim 1, the method comprising: supplying fluid to the heat-transfer bed such that the fluid heats up and reacts while flowing through the heat storage material (column 9, line 56 – column 10, line 9).
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 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Schwartz USPN 4,405,010 in view of Mungas USPA 2018/0347913 A1.
Schwartz is relied upon as above.
Regarding claims 7-9, Schwartz does not disclose that the bulk heat storage material comprises a mixture of at least two different materials, and wherein concentrations of the at least two different materials in the bulk heat storage material vary along at least one spatial direction, wherein the at least two materials exhibit at least one of different geometries, different topographies, different heat capacities and different heat transfer capacities, wherein a granularity of the bulk heat storage material varies along at least one spatial direction. Mungas discloses the use of a bulk heat storage material that comprises a mixture of at least two different materials, and wherein concentrations of the at least two different materials in the bulk heat storage material vary along at least one spatial direction, wherein the at least two materials exhibit at least one of different geometries, different topographies, different heat capacities and different heat transfer capacities, wherein a granularity of the bulk heat storage material varies along at least one spatial direction (see Mungas figure 4; paragraph 26: concentration is not uniform and therefore concentration and granularity would vary at least to some degree). It would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention to modify Schwartz so that the bulk heat storage material comprises a mixture of at least two different materials, and wherein concentrations of the at least two different materials in the bulk heat storage material vary along at least one spatial direction, wherein the at least two materials exhibit at least one of different geometries, different topographies, different heat capacities and different heat transfer capacities, wherein a granularity of the bulk heat storage material varies along at least one spatial direction, as disclosed by Mungas, for the purpose of allowing for an effective yet cheap bulk heat storage material (see Mungas paragraph 26).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Schwartz USPN 4,405,010 in view of Rice USPN 4,172,491.
Schwartz is relied upon as above.
Regarding claim 22, Schwartz does not disclose a first plenum fluidly coupled to the first opening of the heat-transfer bed; and a second plenum fluidly coupled to the second opening of the heat-transfer bed, wherein the first plenum and the second plenum are configured to alternatingly supply the fluid to the heat-transfer bed such that the fluid heats up and reacts while flowing through the heat storage material and wherein, during a time period in which one of the first plenum and the second plenum is configured to supply the fluid to the heat-transfer bed, the other one of the first plenum and the second plenum is configured to drain the reacted fluid from the heat-transfer bed. Rice discloses a first plenum fluidly coupled to the first opening of the heat-transfer bed; and a second plenum fluidly coupled to the second opening of the heat-transfer bed, wherein the first plenum and the second plenum are configured to alternatingly supply the fluid to the heat-transfer bed such that the fluid heats up and reacts while flowing through the heat storage material and wherein, during a time period in which one of the first plenum and the second plenum is configured to supply the fluid to the heat-transfer bed, the other one of the first plenum and the second plenum is configured to drain the reacted fluid from the heat-transfer bed (see Rice figure 1: first and second plenum from 18 and from 21; column 2, line 62 – column 3, line 24). It would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention to modify Schwartz to include, a first plenum fluidly coupled to the first opening of the heat-transfer bed; and a second plenum fluidly coupled to the second opening of the heat-transfer bed, wherein the first plenum and the second plenum are configured to alternatingly supply the fluid to the heat-transfer bed such that the fluid heats up and reacts while flowing through the heat storage material and wherein, during a time period in which one of the first plenum and the second plenum is configured to supply the fluid to the heat-transfer bed, the other one of the first plenum and the second plenum is configured to drain the reacted fluid from the heat-transfer bed, as disclosed by Rice, in order to allow continuous heat transfer.
Response to Arguments
Applicant's arguments filed 05/15/2026 have been fully considered but they are not persuasive. Although Schwartz does not explicitly disclose that the fluid is subject to an oxidation process or a reduction process, since the fluid is not part of the claimed system, a fluid that is subject to an oxidation process or a reduction process could be passed through the system of Schwartz; therefore, the limitation is met. Claims directed to an apparatus must be distinguished in the prior art in terms of structure rather than function. MPEP 2114. It is noted that limitations drawn to the contents of an apparatus do not impart patentability to the claim (see MPEP 2115). Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining the patentability of the apparatus claim (Ex parte Thibault, 164 USPQ 666,667).
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 CHRISTOPHER P JONES whose telephone number is (571)270-7383. The examiner can normally be reached 9AM-6PM EST M-F.
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, Jennifer Dieterle can be reached at (571)270-7872. 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.
/CHRISTOPHER P JONES/Primary Examiner, Art Unit 1776
Prosecution Insights