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 .
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 7, 9-10, 14, 16-17 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Hodes (US 2010/0006132) in view of Hofmeister et al. (US 2010/0139291).
Regarding claim 1, Hodes discloses an energy harvesting system in Figure 3, comprising:
an energy harvesting section (device shown in Figure 3 reads on “energy harvesting section”);
a phase change material (PCM) heat exchanger (thermally conductive body 330, [28]-[29]) and a heat sink (120, [28]), wherein the heat sink is located in the energy harvesting section with the PCM heat exchanger positioned adjacent to the heat sink (Figure 3, the term “adjacent” does not require direct contact or a particular order of the layers. All the components of the device shown in Figure 3 are “adjacent” to each other.); and
a thermoelectric generator (TEG) module (350a, b, c) located within the energy harvesting section ([28]), wherein heat generated from a heat source (110) is pumped to the heat sink (120) through the TEG module (350) to produce a thermal gradient across a hot plate (upper major surface) and a cold plate (lower major surface) to generate electrical energy (Figures 4-5 and [28], [34] and [37]-[38]); and
wherein the PCM heat exchanger (330) is configured to store thermal energy based on a change from a first phase of the PCM heat exchanger to a second phase of the PCM heat exchanger ([28]-[31], The thermally conductive body can be a heat pipe or a vapor chamber which uses a working fluid to store thermal energy through phase change from a liquid to a gas (evaporation) and transports the thermal energy to the condenser which releases the thermal energy through a phase change from a gas to a liquid (condensation)).
Hodes additionally discloses a sensor (110) is integrated with the PCM heat exchanger, the heat sink, and the TEG module (Figure 3 and [20]). Hodes does not disclose a sensor distinct from the heat source and integrated with the PCM heat exchanger, the heat sink, and the TEG module in a single multi-variant sensor device comprising ingress protection.
Hofmeister discloses a thermoelectric device (abstract and Figures 1-2) comprising a single multi-variant sensor device (104) that is distinct from the heat source (202) ([21], [26]-[27], [32] and [37]-[38]), comprising ingress protection (environmental seals 106, 206, [27], [35]-[37]) and wherein the sensor comprises a battery-less self-powered sensor harvesting free energy from ambient sources using the energy harvesting system (self-powered sensor, [28] and [37]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to add the sensor of Hofmeister to the device of Hodes such that Hodes includes a sensor distinct from the heat source and integrated with the PCM heat exchanger, the heat sink, and the TEG module in a single multi-variant sensor device comprising ingress protection, because it would result in nothing more than the combination of prior art elements according to known methods to yield predictable results.
Regarding claim 2, modified Hodes discloses all of the claim limitations as set forth above. Hodes additionally discloses that the PCM heat exchanger extends from a first condenser to a second condenser ([22], [30]-[31] and Figure 3, see multiple condensers in heat pipes or vapor chamber).
Regarding claim 3, modified Hodes discloses all of the claim limitations as set forth above. Hodes additionally discloses a housing (pipe enclosure), wherein the heat sink (120) is located outside the housing (The pipe reads on a housing for the working fluid and the heat sink is located outside the pipe, Figure 3 and [28]).
Regarding claim 7, modified Hodes discloses all of the claim limitations as set forth above. Hofmeister additionally discloses that the sensor comprises a battery-less self-powered sensor harvesting free energy from ambient sources using the energy harvesting system (self-powered sensor, [28] and [37]).
Regarding claim 9, Hodes discloses an energy harvesting system in Figure 3, comprising:
an energy harvesting section (device shown in Figure 3 reads on “energy harvesting section”);
a first condenser and a second condenser ([22], [30]-[31] and Figure 3, see multiple condensers in heat pipes or vapor chamber),
a phase change material (PCM) heat exchanger (thermally conductive body 330, [28]-[29]) and a heat sink (120, [28]), wherein the PCM heat exchanger extends from the first condenser to the second condenser (Figure 3 and [30]-[31]), wherein the heat sink is located in the energy harvesting section with the PCM heat exchanger positioned adjacent to the heat sink (Figure 3, the term “adjacent” does not require direct contact or a particular order of the layers. All the components of the device shown in Figure 3 are “adjacent” to each other.);
a thermoelectric generator (TEG) module (350a, b, c) located within the energy harvesting section ([28]), wherein heat generated from a heat source (110) is pumped to the heat sink (120) through the TEG module (350) to produce a thermal gradient across a hot plate (upper major surface) and a cold plate (lower major surface) to generate electrical energy (Figures 4-5 and [28], [34] and [37]-[38]); and
wherein the PCM heat exchanger (330) is configured to store thermal energy based on a change from a first phase of the PCM heat exchanger to a second phase of the PCM heat exchanger ([28]-[31], The thermally conductive body can be a heat pipe or a vapor chamber which uses a working fluid to store thermal energy through phase change from a liquid to a gas (evaporation) and transports the thermal energy to the condenser which releases the thermal energy through a phase change from a gas to a liquid (condensation)).
Hodes additionally discloses a sensor (110) is integrated with the PCM heat exchanger, the heat sink, and the TEG module (Figure 3 and [20]). Hodes does not disclose a sensor separate from the heat source and integrated with the PCM heat exchanger, the heat sink, and the TEG module in a single multi-variant sensor device comprising ingress protection.
Hofmeister discloses a thermoelectric device (abstract and Figures 1-2) comprising a single multi-variant sensor device (104) that is separate from the heat source (202) ([21], [26]-[27], [32] and [37]-[38]), comprising ingress protection (environmental seals 106, 206, [27], [35]-[37]) and wherein the sensor comprises a battery-less self-powered sensor harvesting free energy from ambient sources using the energy harvesting system (self-powered sensor, [28] and [37]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to add the sensor of Hofmeister to the device of Hodes such that Hodes includes a sensor separate from the heat source and integrated with the PCM heat exchanger, the heat sink, and the TEG module in a single multi-variant sensor device comprising ingress protection, because it would result in nothing more than the combination of prior art elements according to known methods to yield predictable results.
Regarding claim 10, modified Hodes discloses all of the claim limitations as set forth above. Hodes additionally discloses a housing, wherein the heat sink (120) is located outside the housing (The pipe reads on a housing for the working fluid and the heat sink is located outside the pipe, Figure 3 and [28]).
Regarding claim 14, modified Hodes discloses all of the claim limitations as set forth above. Hofmeister additionally discloses that the sensor comprises a battery-less self-powered sensor harvesting free energy from ambient sources using the energy harvesting system (self-powered sensor, [28] and [37]).
Regarding claim 16, Hodes discloses a method of operating an energy harvesting system in Figure 3 and [28]-[31], comprising:
providing a phase change material (PCM) heat exchanger (thermally conductive body 330, [28]-[29]) and a heat sink (120, [28]), wherein the heat sink is located in an energy harvesting section with the PCM heat exchanger positioned adjacent to the heat sink (Figure 3, the term “adjacent” does not require direct contact or a particular order of the layers. All the components of the device shown in Figure 3 are “adjacent” to each other.); and
pumping heat generated from a heat source (110) to the heat sink (120) through a thermoelectric generator (TEG) module (350a, b, c) located within the energy harvesting section ([28]) to produce a thermal gradient across a hot plate (upper major surface) and a cold plate (lower major surface) to generate electrical energy (Figures 4-5 and [28], [34] and [37]-[38]);
storing thermal energy in the PCM heat exchanger (330) based on a change from a first phase of the PCM heat exchanger to a second phase of the PCM heat exchanger ([28]-[31], The thermally conductive body can be a heat pipe or a vapor chamber which uses a working fluid to store thermal energy through phase change from a liquid to a gas (evaporation) and transports the thermal energy to the condenser which releases the thermal energy through a phase change from a gas to a liquid (condensation)).
Hodes additionally discloses a sensor (110) is integrated with the PCM heat exchanger, the heat sink, and the TEG module (Figure 3 and [20]). Hodes does not disclose the step of operating a sensor distinct from the heat source and integrated with the PCM heat exchanger, the heat sink, and the TEG module in a single multi-variant sensor device comprising ingress protection.
Hofmeister discloses a method of operating a thermoelectric device (abstract and Figures 1-2) comprising operating a single multi-variant sensor device (104) that is distinct from the heat source (202) ([21], [26]-[27], [32] and [37]-[38]), comprising ingress protection (environmental seals 106, 206, [27], [35]-[37]) and wherein the sensor comprises a battery-less self-powered sensor harvesting free energy from ambient sources using the energy harvesting system (self-powered sensor, [28] and [37]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to add the step of operating a sensor distinct from the heat source and integrated with the PCM heat exchanger, the heat sink, and the TEG module in a single multi-variant sensor device comprising ingress protection into the method of Hodes, as taught by Hofmeister, because it would result in nothing more than the combination of prior art elements according to known methods to yield predictable results.
Regarding claim 17, modified Hodes discloses all of the claim limitations as set forth above. Hodes additionally discloses that the PCM heat exchanger extends from a first condenser to a second condenser ([22], [30]-[31] and Figure 3, see multiple condensers in heat pipes).
Regarding claim 20, modified Hodes discloses all of the claim limitations as set forth above. Hofmeister additionally discloses that the sensor comprises a battery-less self-powered sensor harvesting free energy from ambient sources using the energy harvesting system (self-powered sensor, [28] and [37]).
Regarding claim 21, modified Hodes discloses all of the claim limitations as set forth above. Hodes additionally discloses that the first phase of the PCM heat exchanger is a liquid phase and the second phase of the PCM heat exchanger is a gaseous phase ([31]).
Claims 8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Hodes (US 2010/0006132) in view of Hofmeister et al. (US 2010/0139291), as applied to claims 3 and 10 above, in further view of Hu (US 2018/0302022).
Regarding claims 8 and 15, modified Hodes discloses all of the claim limitations as set forth above. Hodes does not disclose that the housing comprises a cylindrical structure with a photovoltaic panel located at one end of the cylindrical structure and the heat sink located at another end of the cylindrical structure.
Hu discloses a thermoelectric device in Figure 12 comprising a housing that comprises a cylindrical structure (720) with a photovoltaic panel (710) located at one end of the cylindrical structure and a heat sink (722) located at another end of the cylindrical structure ([75]-[80]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the device of modified Hodes such that the housing comprises a cylindrical structure with a photovoltaic panel located at one end of the cylindrical structure and the heat sink located at another end of the cylindrical structure, as taught by Hu, because it would result in the combination of prior art elements according to known methods to yield predictable results.
Claims 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Hodes (US 2010/0006132) in view of Hofmeister et al. (US 2010/0139291), as applied to claims 1, 9 and 16 above, in further view of Molina et al. (ES 2921483A1, see English machine translation for mapping).
Regarding claims 22-24, modified Hodes discloses all of the claim limitations as set forth above. Modified Hodes does not disclose that the ingress protection is configured to satisfy the IP67 standard for ingress protection.
Molina discloses a thermoelectric device in Figure 1 and [7] comprising a sensor ([109], [134]) having ingress protection that is configured to satisfy the IP67 standard for ingress protection ([116]-[117]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to add ingress protection that is configured to satisfy the IP67 standard for ingress protection to the device of modified Hodes, as taught by Molina, because such a modification would amount to nothing more than the combination of prior art elements according to known methods to yield predictable results.
Response to Arguments
Applicant’s amendments and arguments with respect to the anticipation rejection over the Hodes reference have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made over Hodes in view of Hofmeister.
Conclusion
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/LINDSEY A BUCK/Primary Examiner, Art Unit 1728