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 .
Information Disclosure Statement
The information disclosure statement filed 09/17/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file and all references have been considered except for the ones crossed out.
Drawings
The drawings are objected to because MPEP 608.02V (b) states that photographs are not ordinarily permitted in utility applications. Photographs are only permitted if they are the only practicable medium for illustrating the claimed invention. If successfully argued that the photographs are necessary, then the quality of the photographs must be higher. MPEP 608.02V (m) states that shading should only be used if it aids in the understanding of the invention and does not reduce legibility. Shading is not preferred for cross-sections. Furthermore, solid black shading is not permitted.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “set of pocket protrusions in the inner cavity, the set of pocket protrusions comprising a heater element” of claim 8 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 13 is 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.
Regarding claim 13, the limitation “the one or more permanent magnets” is unclear and indefinite. It is unclear and indefinite whether this limitation refers to the magnets claimed in the same lines, or different permanent magnets. For examination purposes, the limitation will be read as --the one or more magnets--.
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.
Claim(s) 1, 4, 5, 7, 11, 15, 17, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nye (U.S. 2016/0001897).
Regarding claim 1, Nye discloses:
A system for fluid management in low- or micro-gravity environment, the system comprising:
a two-phase gas-liquid tank (100) suitable for storage of a two-phase gas-liquid, the two-phase gas-liquid tank (100) comprising an outer surface, an inner cavity, and an outlet (109) between the inner cavity and the outer surface (see Figure 1; see paragraph 0032)
a thermal or electromagnetic device (201) disposed on or proximal to the two-phase gas-liquid tank 100 (see paragraphs 0039, 0040; see Figure 2)
a controller operatively coupled to the thermal or electromagnetic device (201), the controller being configured to energize the thermal or electromagnetic device (201) in a controlled manner (i) to generate a thermal or electromagnetic gradient in the two-phase gas-liquid and (ii) urge a portion of the two-phase gas-liquid to the outlet (109) of the two-phase gas-liquid tank 100 (see paragraph 0040)
Regarding claim 4, Nye discloses:
wherein the thermal or electromagnetic device (201) is a thermal device (201) disposed distal from the outlet (109), wherein the controller is configured to cause the thermal device (201) to vaporize a portion of the two-phase gas-liquid far from the outlet (109) of the two-phase gas-liquid tank (100) to generate a liquid output of the two-phase gas-liquid at a pre-defined rate (see paragraph 0033)
Regarding claim 5, Nye discloses:
wherein the two-phase gas-liquid tank (100) asymmetrically has two or more elongated portions (103, 104) each having a center axis that are non-parallel to one another (see Figure 1)
Further regarding this limitation, as seen in Figure 1, elements 103 and 104 are different sizes (asymmetric) and are also concentric and therefore non-parallel.
Regarding claim 7, Nye discloses:
wherein the thermal or electromagnetic device (201) comprises one or more resistive heating elements (201) arranged in a pattern to produce a thermal gradient across the inner cavity (see paragraphs 0039 and 0040)
Regarding claim 11, Nye discloses:
wherein the thermal or electromagnetic device (201) is fixably attached to the outer surface of the two-phase gas-liquid tank (100) proximal to the outlet 109 (see Figure 2)
Regarding claim 15, Nye discloses:
wherein the controller is configured to adjust energization of the thermal or electromagnetic device (201), wherein energization of the thermal device (201) is configured to increase generation of a vapor output as volume of the two-phase gas-liquid decreases (see paragraphs 0036 and 0040)
Regarding claim 17, Nye discloses:
wherein the system is configured for integration with a small satellite propulsion system, wherein the two-phase gas-liquid tank (100) comprises an asymmetric volume, and wherein the two-phase gas-liquid comprises a propellant (see abstract)
Regarding claim 18, Nye discloses:
wherein the system is configured for integration with a life support system (see abstract)
Further regarding this limitation, a “life support system” has not been further defined in the specification. The system of Nye is used in a spacecraft which is being interpreted as a life support system, since spacecrafts can hold life.
Claim(s) 1-3, 7, 11, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamamoto et al. (EP 2101056).
Regarding claim 1, Yamamoto discloses:
A system for fluid management in low- or micro-gravity environment, the system comprising:
a two-phase gas-liquid tank (51) suitable for storage of a two-phase gas-liquid, the two-phase gas-liquid tank comprising an outer surface, an inner cavity, and an outlet (52) between the inner cavity and the outer surface (see paragraphs 0044 and 0045)
a thermal or electromagnetic device disposed on or proximal to the two-phase gas-liquid tank 51 (see paragraphs 0044 and 0045)
a controller operatively coupled to the thermal or electromagnetic device, the controller being configured to energize the thermal or electromagnetic device in a controlled manner (i) to generate a thermal or electromagnetic gradient in the two-phase gas-liquid and (ii) urge a portion of the two-phase gas-liquid to the outlet of the two-phase gas-liquid tank 51 (see paragraphs 0044 and 0045)
Regarding claim 2, Yamamoto discloses:
wherein the thermal or electromagnetic device is a thermal device disposed proximal to the outlet (52), wherein the controller is configured to cause the thermal device to vaporize a portion of the two-phase gas-liquid near to the outlet of the two-phase gas-liquid tank (51) to generate a vapor output of the two-phase gas-liquid at a pre-defined rate (see paragraphs 0044 and 0045)
Regarding claim 3, Yamamoto discloses:
wherein the pre-defined rate corresponds to a controlled mass flow rate of the vapor output as a propellant for a propulsion system (see paragraphs 0044 and 0045)
Regarding claim 7, Yamamoto discloses:
wherein the thermal or electromagnetic device comprises one or more resistive heating elements arranged in a pattern to produce a thermal gradient across the inner cavity (see paragraphs 0044 and 0045)
Regarding claim 11, Yamamoto discloses:
wherein the thermal or electromagnetic device is fixably attached to the outer surface of the two-phase gas-liquid tank (51) proximal to the outlet 52 (see paragraphs 0044 and 0045)
Regarding claim 15, Yamamoto discloses:
wherein the controller is configured to adjust energization of the thermal or electromagnetic device, wherein energization of the thermal device is configured to increase generation of vapor output as volume of the two phase gas liquid decrease (see paragraphs 0044 and 0045)
Claim(s) 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Papell (U.S. Patent No. 3,215,572).
Regarding claim 22, Papell discloses:
A system for fluid management in low or microgravity environment, the system comprising:
a two-phase gas-liquid tank (10) suitable for storage of a two-phase gas-liquid, the two-phase gas-liquid tank (10) comprising an outer surface, an inner cavity, and an outlet between the inner cavity and the outer surface (see Figure 2; Col. 4, lines 7-20)
one or more permanent magnets (14) positioned proximal to the outlet, the permanent magnet (14) configured to impart a magnetic or electromagnetic buoyancy force on the two-phase gas-liquid to cause directional phase separation such that one of a vapor or a liquid of the two-phase gas-liquid is urged towards the outlet and the other of the vapor or the liquid of the two-phase gas-liquid is directed away from the outlet (Col. 4, lines 7-20)
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.
Claim(s) 8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nye in view of Clarke et al. (U.S. 2022/0136656).
Regarding claims 8 and 10, Nye discloses the invention as essentially claimed, but fails to disclose wherein the two-phase gas-liquid tank includes a set of pocket protrusions in the inner cavity, the set of pocket protrusions comprising a heater element; wherein the thermal or electromagnetic device is positioned within the two-phase gas-liquid tank.
Clarke teaches a two phase tank wherein a two-phase gas-liquid tank (204) includes a set of pocket protrusions (310, 315) in an inner cavity, the set of pocket protrusions (310, 315) comprising a heater element (see Figure 14; see paragraph 0093 and 0094); wherein a thermal or electromagnetic device (310, 315) is positioned within a two-phase gas-liquid tank 204 (see Figure 14; see paragraph 0093 and 0094).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Nye to provide wherein the two-phase gas-liquid tank includes a set of pocket protrusions in the inner cavity, the set of pocket protrusions comprising a heater element; wherein the thermal or electromagnetic device is positioned within the two-phase gas-liquid tank, as taught by Clarke. Doing so would allow quicker heat dispersion.
Claim(s) 9 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nye in view of Behrens et al. (U.S. 2020/0102098).
Regarding claim 9, Nye discloses the invention as essentially claimed, but fails to disclose wherein the thermal or electromagnetic device comprises a heat exchanger operatively coupled to an exhaust duct.
Behrens teaches a propellant system for a spacecraft, wherein the thermal or electromagnetic device comprises a heat exchanger operatively coupled to an exhaust duct (see paragraph 0026).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Nye to provide wherein the thermal or electromagnetic device comprises a heat exchanger operatively coupled to an exhaust duct. Doing so would allow left over heat to be removed (see paragraph 0026), as recognized by Behrens.
Regarding claim 14, Nye discloses the invention as essentially claimed, but fails to disclose one or more storage tanks coupled to an output of the two-phase gas-liquid tank, wherein the one or more storage tanks feed a propulsion system or a life support system.
Behrens teaches a propellant system comprising one or more storage tanks (252) coupled to an output of a two-phase gas-liquid tank (210), wherein the one or more storage tanks (252) feed a propulsion system or a life support system (see paragraphs 0003 and 0018).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Nye to provide one or more storage tanks coupled to an output of the two-phase gas-liquid tank, wherein the one or more storage tanks feed a propulsion system or a life support system. Doing so would allow for in-space resupply of propellant to a separate spacecraft (see paragraph 0003), as recognized by Behrens.
Claim(s) 13 and 20, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Nye in view of Papell.
Regarding claims 13 and 20, Nye discloses the invention as essentially claimed, but fails to disclose one or more magnets positioned proximal to the outlet, the one or more permanent magnets configured to impart a magnetic or electromagnetic buoyancy force on the two-phase gas-liquid to cause directional phase separation by urging one of a vapor or a paramagnetic or diamagnetic liquid of the two-phase gas-liquid towards the outlet and the other of the vapor or the paramagnetic liquid of the two-phase gas-liquid away from the outlet; wherein the two-phase gas liquid comprises ferromagnetic particles.
Papell teaches a propellant system comprising one or more magnets (14) positioned proximal to an outlet, the one or more permanent magnets (14) configured to impart a magnetic or electromagnetic buoyancy force on a two-phase gas-liquid to cause directional phase separation by urging one of a vapor or a paramagnetic or diamagnetic liquid of the two-phase gas-liquid towards the outlet and the other of the vapor or the paramagnetic liquid of the two-phase gas-liquid away from the outlet (Col. 4, lines 7-20); wherein the two-phase gas liquid comprises ferromagnetic particles (Col. 2, lines 15-23).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Nye to provide one or more magnets positioned proximal to the outlet, the one or more permanent magnets configured to impart a magnetic or electromagnetic buoyancy force on the two-phase gas-liquid to cause directional phase separation by urging one of a vapor or a paramagnetic or diamagnetic liquid of the two-phase gas-liquid towards the outlet and the other of the vapor or the paramagnetic liquid of the two-phase gas-liquid away from the outlet; wherein the two-phase gas liquid comprises ferromagnetic particles. Doing so would ensure continuous flow and easy pumping under zero-gravity conditions (Col. 1, lines 51-53), as recognized by Papell.
Allowable Subject Matter
Claims 6, 12, 16, 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 21 is allowed.
The following is an examiner’s statement of reasons for indicating allowable subject matter: the prior art of record neither discloses nor makes obvious the combinations set forth in the independent claim. Specifically, the limitations “wherein execution of the instructions by a processor causes the processor to: determine a required vapor output rate; and determine a required ullage in the two-phase gas-liquid tank for the required vapor output rate by calculating a rate of vapor output generation and disposition to the outlet” are not disclosed in combination with the other limitations of the independent claim.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Oqab et al. (U.S. 2021/0270210) discloses a fluid management system for a low gravity environment comprising a two phase tank having an outer surface, inner cavity, and outlet between the outer surface and inner cavity; an electromagnetic device on/proximal to the tank; a controller coupled to the electromagnetic device to energize the electromagnetic device to urge a portion of the two phase gas/liquid to the outlet.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELSEY E CARY whose telephone number is (571)272-9427. The examiner can normally be reached Monday-Friday 9:30am-5:30pm.
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/KELSEY E CARY/Primary Examiner, Art Unit 3753