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 .
Drawings
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 following must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Claim 1 recites: “the thermal capacitor is wrapped in an insulative material comprising an inner layer of a high temperature multi-layer insulation and an outer layer of low temperature multi- layer insulation; wherein the outside of the outer layer is covered with a reflective material.” However figure 29 illustrates “Insulation Layer Wrapped Around Thermal Capacitor” but does not illustrate a inner and outer layers of multi-layer insulation or a reflective material as claimed.
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.
Information Disclosure Statement
The information disclosure statement filed 3/21/2024 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, but the information referred to therein has not been considered.
Non-Patent Literature Documents 1, 2, 4, and 6 have not been provided.
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 9 and 19 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.
Claims 9 and 19 recite “the insulation” which lacks antecedent basis.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-5, 9-15, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over PureTemp (“Phase Change Mattes Newsletter Feb 14 2020; also relied on in application 17806328) in view of Warnock et al (US 11,970,292).
Regarding claims 1 and 11, PureTemp discloses a conductive insulative system comprising:
a phase change material for thermal energy storage (“We chose a salt (80LiOH+20LiF) as our PCM”); and
an insulated thermal capacitor to house the phase change material (“thermal capacitor” shown in figure below);
wherein the thermal capacitor is wrapped in an insulative material (“Silica Aerogel Spacers”); and
wherein the outside of the outer layer is covered with a reflective material (“Tantalum Photonic Crystals”).
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PureTemp lacks multi-layer insulation.
Warnock discloses an insulative material for space craft comprising an inner layer of a high temperature multi-layer insulation and an outer layer of low temperature multi-layer insulation (shown in figure 6; also note that as the claim requires an inner and outer layer as part of the insulation it is read as requiring at least two layers, in other words each layer is part of a multi-layer insulation; an alternative reading is that each of the inner and outer layers are multi-layer such a reading would require at least four layers).
It would have been obvious to one of ordinary skill in the art to have provided PureTemp with multi-layer insulation as taught by Warnock in order to increase the insulative character of the insulation thereby decreasing loss of stored heat.
Regarding claims 2 and 12, PureTemp discloses the reflective material is photonic crystal (“Tantalum Photonic Crystals”).
Regarding claims 3 and 13, PureTemp discloses a heater cartridge in the thermal capacitor to provide heat (“Hot Mirror”).
Regarding claims 4 and 14, PureTemp discloses an optical system that provides heat by visible, ultraviolet, or visible and ultraviolet wavelengths (“Gold Mirror” and “Hot Mirror”).
Regarding claims 5 and 15, PureTemp discloses a heater (“Gold Mirror” and “Hot Mirror”).
Regarding claims 9 and 19, PureTemp discloses the insulation comprises zirconia, alumina, microtherm, or aerogel (“Silica Aerogel Spacers”).
Regarding claims 10 and 20, PureTemp discloses the phase change materials comprise molten salts (“We chose a salt (80LiOH+20LiF) as our PCM”), calcium iodide, calcium chloride, sodium chloride, potassium chloride, boron, beryllium, zinc, aluminum, or lithium hydride.
Claim(s) 6 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over PureTemp (“Phase Change Mattes Newsletter Feb 14 2020; also relied on in application 17806328), in view of Warnock et al (US 11,970,292), and in further view of Kim et al (US 11,940,225).
Regarding claims 6 and 16, PureTemp as modified discloses the system of claim 5, but lacks a resistive heater. Kim discloses an energy storage device including a resistive heater (“In some embodiments, the heater 161 is an electrical resistance heater (e.g., an Ohmic heater).” 9:45-46). It would have been obvious to one of ordinary skill in the art to have provided PureTemp with a resistive heater as taught by Kim in order to increase heat supply.
Claim(s) 7-8 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over PureTemp (“Phase Change Mattes Newsletter Feb 14 2020; also relied on in application 17806328), in view of Warnock et al (US 11,970,292), and in further view of Tillotson (US 8,827,209).
Regarding claims 7-8 and 17-18, PureTemp as modified discloses the system of claim 5 but lacks a laser or focused light. Tillotson discloses the use of a laser as an alternative to a focused solar light (focused by 28) heat source for spacecraft. It would have been obvious to one of ordinary skill in the art to have provided PureTemp with a laser heat source or focused light heat source in order to increase heat supply.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sherman (US 12,111,115) solar thermal storage
Kim et al (US 11,940,225) thermal storage
Barsi et al (US 9,834,364) molten salt storage
Miller (US 6,412,274) thermal rocket
Malloy III et al (US 5,459,996) solar thermal rocket with storage
Testard (US 4,438,168) composite heat shield
Kokorich (US 2024/0025567) solar thermal capacitor block
Sheerin et al (US 2021/0143773) solar thermal power
Wortmann et al (US 2012/0074150) heat storage container
Keady (US 2006/0227830) plasma propulsion device
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R ZERPHEY whose telephone number is (571)272-5965. The examiner can normally be reached M-F 7:00-4:00 PM.
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/CHRISTOPHER R ZERPHEY/Primary Examiner, Art Unit 3799
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