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 with traverse of Group I in the reply filed on 12 May 2026 is acknowledged. During the course of examination it was determined that the search for Invention I overlapped with the search for Invention II sufficiently so as to be performed concurrently. The restriction requirement of 28 April 2026 has been withdrawn.
Claims 1-30, 45-47 and 50-51 are pending in the application.
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 1-22, 45, 46, 50 and 51 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.
In reference to claims 1 and 17, the claims are directed to an apparatus. However, lines 11-15 of claim 1 and lines 17-23 of claim 17 both recite “a flow control process”. Further, claims 12 and 20 recite “wherein the flow control process includes: an electronic controller; and a plurality of flow control valves”. Since the recitations of claims 12 and 20 recite physical structure, it is unclear whether the “process” recitations found in claims 1 and 17 require any particular structure or are recitations of intended use. Claims 9-11 include a similar issue involving a “expansion process” and “compression process”. For purposes of examination the recitations including a “process” will be interpreted as intended use.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-30, 45-47 and 50-51 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2023/0203969 A1 to Geveci et al. (Geveci).
In reference to claim 1, Geveci discloses a pumped thermal energy storage system, comprising: in a generating phase (Fig. 3O): a working fluid circuit including: a working fluid circulating through the working fluid circuit (any of the passages found in Figs. 2-5); a recuperator (400); and a plurality of thermal reservoirs (591, 592, 500, 691, 692, 600; Fig. 2), the plurality of thermal reservoirs including at least a first thermal reservoir (592 or 691) and a second thermal reservoir (591 or 692); and a sensor system (119S, 130S, 1315, 132S, 140S, 141S, 142S, 229S, 230S, 2315, 232S, 240S, 241S, 242S, 324S, 325S, 361S, 362S, 363S, 364S, 365S, 366S, 367S; Fig. 3, 510S, 520S; Fig. 4, 610S, 620S; Fig. 5) sensing operational parameters of the working fluid at a first set of predetermined points in the working fluid circuit and at least a portion of the plurality of thermal reservoirs; and a flow control process: controlling the flow of the working fluid through the working fluid circuit; and responsive to the sensed operational parameters, balancing the heat transferred from the first thermal reservoir with the heat transferred to the second thermal reservoir (interpreted as intended use; however, see pars. 0228, 0261).
In reference to claim 2, Geveci discloses the pumped thermal energy storage system of claim 1, wherein the first thermal reservoir is a high temperature thermal reservoir (592) and the second thermal reservoir (692) is a low temperature reservoir.
In reference to claim 3, Geveci discloses the pumped thermal energy storage system of claim 1, wherein the first thermal reservoir is a medium temperature thermal reservoir (691) and the second thermal reservoir is a low temperature reservoir (692).
In reference to claim 4, Geveci discloses the pumped thermal energy storage system of claim 1, wherein: the plurality of thermal reservoirs of the working fluid circuit includes a third thermal reservoir (591 or 592 or 691 or 692 depending on what is considered the first and second reservoir in the rejection of claim 1 above); and the flow control process controls the flow of the working fluid through the working fluid circuit responsive to the sensed operational parameters to balance the heat transferred from at least one of the first reservoir and the third reservoir to the second reservoir (again, interpreted as intended use; however, see pars. 0228, 0261).
In reference to claim 5, Geveci discloses the pumped thermal energy storage system of claim 4 wherein the first thermal reservoir is a high temperature thermal reservoir (592), the second thermal reservoir is a low temperature reservoir (692), and the third thermal reservoir is a medium thermal reservoir (591 and/or 691).
In reference to claim 6, Geveci discloses the pumped thermal energy storage system of claim 4, wherein the flow control process controls the flow of the working fluid through the working fluid circuit responsive to the sensed operational parameters to balance the heat transferred from both of the first reservoir and the third reservoir to the second reservoir (again, interpreted as intended use; however, see pars. 0228, 0261).
In reference to claim 7, Geveci discloses the pumped thermal energy storage system of claim 6, wherein the first thermal reservoir is a high temperature thermal reservoir (592), the second thermal reservoir is a low temperature reservoir (692), and the third thermal reservoir is a medium thermal reservoir (591 and/or 691).
In reference to claim 8, Geveci discloses the pumped thermal energy storage system of claim 1, wherein the sensed operational parameters include temperature, or pressure, or charge state for the plurality of thermal reservoirs, or some combination thereof (again, interpreted as intended use; however, see pars. 0233, 0270).
In reference to claim 9, Geveci discloses the pumped thermal energy storage system of claim 1, wherein: the recuperator (400) has a low-pressure side and a high-pressure side (inherent); and the working fluid circuit further includes: an expansion process fluidly coupled to the low-pressure side of the recuperator; and a compression process fluidly coupled the high-pressure side of the recuperator (interpreted as intended use; however, see 130, 140, 230, 240; Figs. 2-3).
In reference to claim 10, Geveci discloses the pumped thermal energy storage system of claim 9, wherein: the expansion process includes an expansion device (again, intended use; however, see 140/240); and the compression process includes a compression device (again, intended use; however, see 130/230).
In reference to claim 11, Geveci discloses the pumped thermal energy storage system of claim 9, wherein: the expansion device is a power-generating turbine (again, intended use; however, see 140/240); and the compression device is a pump (again, intended use; however, see 130/230).
In reference to claim 12, Geveci discloses the pumped thermal energy storage system of claim 1, wherein the flow control process includes (again, intended use): an electronic controller (Fig. 24; pars. 0478-0506); and a plurality of flow control valves positioned at a second set of predetermined points of the working fluid circuit and controlled by the electronic controller (see numerous valves depicted in Figs. 2-4).
In reference to claim 13, Geveci discloses the pumped thermal energy storage system of claim 12, wherein the flow control valves include variable orifice valves (again, intended use; however, see par. 0099, “variable position valves”).
In reference to claim 14, Geveci discloses the pumped thermal energy storage system of claim 1, further comprising an auxiliary cooling system (700) and wherein: the recuperator (400) has a low-pressure side and a high-pressure side (inherent), the low-pressure side connected in parallel with the auxiliary cooling system (see Figs. 2, 3; bypass valves 222, 229 and 323 could provide parallel flows); and balancing the heat transferred from the first thermal reservoir to the second thermal reservoir includes (again, intended use): dividing the working fluid on the low-pressure side into a first portion and a second portion, the first portion passing through the recuperator and the second portion passing through the auxiliary cooling system (through 700 or bypassing 700); and dividing the working fluid on the high-pressure side into a third portion and a fourth portion, the third portion passing through the recuperator and the fourth portion passing through the first thermal reservoir (via 500/600).
In reference to claim 15, Geveci discloses the pumped thermal energy storage system of claim 14, wherein balancing the heat transferred into the working fluid with the heat transferred out of the working fluid includes achieving a desired target ratio of QHTR/QLTR and QMTR/QLTR simultaneously and dynamically during system operation (again, intended use; however, see pars. 0228, 0240, 0241, 0253-0256 and 0261; to achieve balance a target is necessary and implicit).
In reference to claim 16, Geveci discloses the pumped thermal energy storage system of claim 1, wherein balancing the heat transferred into the working fluid with the heat transferred out of the working fluid includes achieving a desired target ratio of QHTR/QLTR and QMTR/QLTR simultaneously and dynamically during system operation (again, intended use; however, see pars. 0228, 0240, 0241, 0253-0256 and 0261; to achieve balance a target is necessary and implicit).
In reference to claims 17-22, 50 and 51, the system claimed is substantively identical to what is recited in claims 1-16. See rejections above; the same rationale applies.
In reference to claims 45 and 46, Geveci discloses the pumped thermal energy storage system of claims 1 and 17, wherein the balancing the heat transferred from the first thermal reservoir with the heat transferred to the second thermal reservoir includes attaining a ratio of heat transferred from the first thermal reservoir with the heat transferred to the second thermal reservoir ≠ 1 (again, intended use; however, see pars. 0228, 0257; balancing is done by mass which could result in an unequal amount of heat transferred).
In reference to claim(s) 23-30 and 47, under the principles of inherency, the prior art apparatus of Geveci would necessarily perform the method(s) claimed in its normal and usual operation and thereby meets the limitations of the claim(s).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2023/0019518 A1 and WO 2022/271687 A2 each appear to also anticipate at least 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.
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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.
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/JONATHAN R MATTHIAS/Primary Examiner, Art Unit 3746
15 July 2026
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