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 statements (IDS) submitted on 2/18/26 and 4/3/26 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Response to Arguments
Applicant's arguments filed 3/23/25 have been fully considered but they are not persuasive. Examiner has reviewed Applicant arguments and believes Applicant has ignored alternative teachings by the prior art. The claim recites one or more energy storage tanks storing both water and compressed gas within each of the one or more energy storage tanks. The prior art of record contains this limitation specifically in Figure 3 the storage tank is designed to house both water and compressed gas (See, Figure 3A and 3B and See, Also Figure 5. It is for this reason that Examiner has maintained his rejection with the same prior art.
Examiner had reviewed Applicant’s response to Examiner’s Drawing Objection and Examiner is persuaded and has removed his Drawing objection to the claims.
Claim(s) 1, 8-15 and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bachli, U.S. Patent Publication 2016/0348637 (hereinafter “Bachli”).
In Reference to Claim 1:
In so far as the claim is defined, Bachli discloses a system for storing energy ( Paragraph [0001]) the system comprising: an at least partially concrete energy storage housing (See, Paragraph [0070] which discloses a concrete sheathed storage ; See also, Paragraph [0037] which discloses use concrete to reinforce the storage tanks in general) having one or more energy storage tanks storing both water and compressed gas (Figure 3A and 3b and Figure 5) within each of the one ore more energy storage tanks; and a water pump (3) for supplying water from a water source and directly to the energy storage tanks (1.3). See, Figure 5.
In Reference to Claim 8:
Bachli further discloses a power generating system for providing electrical power (via 7) to the system. See, Figure 1 and Paragraph [00059].
In Reference to Claim 9:
Bachli further discloses wherein the power generating system is a solar energy collection system or wind turbine. See, Figure 1, Figure 5 (6) and Paragraph [0059] which discloses using either solar panel 6.1 and Paragraph [0070].
In Reference to Claim 10:
Bachli further discloses a water distribution system which comprises a controller to control the water delivered from the water pump and allocates the water to the energy storage (See, Paragraph [0034]).
In Reference to Claim 11:
Bachli further discloses wherein the water source is oceans, rivers, streams, lakes, reservoirs, springs, groundwater or reused water (Figure 6 and Paragraph [0071]). Figure 6 shows the water supply as being a lake.
In Reference to Claim 12:
Bachli discloses an energy storing system using a natural water source (See, Figure 6 which shows a lake and Paragraph [0071] which discloses the use of a lake as a the water source) comprising: a gas tank ( See, Figure 3 and 5) storing a gas; a water pump (3) coupled to a water source and directly to the gas tank (See, Figure 5 ) supplying water from the natural water source (Figure 6 discloses using a lake) on demand directly to the gas tank (See, Paragraph [0071]) thereby storing both water and gas within the gas tank and compressing the gas (See, Paragraph [0063] which discloses that the water vessel and the compressed air vessel wherein the air is displaced by the water and therefore pressurized; See, Also Figure 3 and 5 which illustrates that the gas storage vessel and the water storage vessel are within the same energy storage housing) ; and a hydro generator (4) receiving the water discharged from the gas tank by releasing the compressed gas to generate electricity.
Examiner notes that the term on-demand is extremely broad furthermore that the Bachli does provide water on demand( per applicant “when wanted or needed”) directly to the storage tank that holds water and therefore can be considered to meet the claim. In addition, given how tanks (1.1 and 2.1) interact examiner notes it would be reasonable to consider the two tanks as a single tanks given their connection between each other and how they function.
In Reference to Claim 13:
Bachli further discloses wherein the gas has a pressure ranging from 5 atm to 60 atm (See, Paragraph [0063] stating air is pre compressed to 50 bar).
In Reference to Claim 14:
Bachli further discloses wherein the gas comprises an inert gas, air or hydrogen. See, Paragraph [0063] which discloses that the container is an air vessel and therefore the gas is air.
In Reference to Claim 15:
Bachli further discloses wherein the natural water source is oceans, rivers, streams, lakes, reservoirs, springs, groundwater or reused water (Figure 6 and Paragraph [0071]). Figure 6 shows the water supply as being a lake.
In Reference to Claim 17:
Bachli an energy storage method using an environmental water source (See, Paragraph [0001]) comprising: storing a gas having a first pressure level within a tank (1.1 and 2.1) (See, Paragraph [0063]); compressing the gas by storing water received on-demand directly from the environmental water source within the tank (1.1) so that the first pressure level is raised to a second pressure level to store pressurized energy (Figure 2a and Paragraph [0063]) ; and transferring the pressurized energy through the water to a generator (4) to generate electricity (See, Paragraph [0071]).
Examiner notes that the term on-demand is extremely broad furthermore that the Bachli does provide water on demand ( per applicant “when wanted or needed”) directly to the storage tank that holds water and therefore can be considered to meet the claim. In addition, given how tanks (1.1 and 2.1) interact examiner notes it would be reasonable to consider the two tanks as a single tanks given their connection between each other and how they function.
In Reference to Claim 18:
Bachli further discloses wherein the environmental water source is oceans, rivers, streams, lakes, reservoirs, springs, groundwater, or reused water (Figure 6 and Paragraph [0071]). Figure 6 shows the water supply as being a lake.
In Reference to Claim 19:
Bachli further discloses wherein the gas comprises an inert gas, air or hydrogen. See, Paragraph [0063] which discloses that the container is an air vessel and therefore the gas is air.
In Reference to Claim 20:
Bachli further discloses wherein the gas has a pressure ranging from 5 atm to 60 atm (See, Paragraph [0063] stating air is pre compressed to 50 bar.
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.
Claim(s) 3-7, 16 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bachli, U.S. Patent Publication 2016/0348637 (hereinafter “Bachli”) in view of Enis et al., U.S. Patent Publication 2018/0320679 (hereinafter “Enis”).
In Reference to Claim 3:
Bachli discloses all the limitations of claim 1, but fails to disclose a gas generator operably coupled with the energy storage housing for supplying the compressed gas to the energy storage.
However, in the same field of endeavor, energy storage systems, Enis discloses a gas generator coupled with the energy storage housing for supplying the compressed gas to the energy storage (See, Figure 10b, Paragraph [0049]).
It would have been obvious to a person having ordinary skill in the art at the time of effective filing to modify Bachli to include a gas generator communicated to the energy storage apparatus for supply compressed gas to the energy storage vessels, as disclosed by Enis because such a modification would improve the efficiency of the system as suggested by Enis in paragraph [0024 -0025].
In Reference to Claim 4:
Bachli discloses all the limitation set forth in claim 1, but fails to disclose a transportation unit where the energy storage housing is coupled to the transportation unit. .
However, in the same field of endeavor, energy storage systems, Enis discloses an energy storage system wherein the energy storage housing is located on a transportation unit (See, Figure 13b: a ship and Paragraph [0055]).
It would have been obvious to a person having ordinary skill in the art at the time of effective filing to modify Bachli to include a transportation unit where the energy storage apparatus is displaced thereon because such a modification allows for the portability of the energy storage to other locations and improves the overall efficiency and potential use and location of the system as suggested in paragraph [0026] of Enis.
In Reference to Claim 5:
Bachli as modified further discloses wherein the transportation unit is tanks. See, Figure 13b which shows the system being in a tank on a ship.
Examiner does note that Applicant likely did not mean to maintain the limitation of a tank, and that the alternatives to that claim, trucks, cars, aircraft or mobile homes would likely be a allowable limitation as it does not appear that the prior art (although a slightly deeper search would be required) teaches the use of water and gas energy storage in these environments probably given the lack of water located.
In Reference to Claim 6 and 7:
Bachli discloses all the limitations of claim 1, but fails to explicitly disclose a processing unit connected to the energy storage apparatus for converting salt water from the water source to purified water.
However, in the same field of endeavor, energy storage systems, Enis discloses a processing unit connected to the energy storage apparatus for converting salt water from the water source to purify the water (See, Paragraph [0189])
It would have been obvious to a person having ordinary skill in the art at the time of effective filing to modify Bachli to include a processing unit connected to the energy storage apparatus for converting wastewater from the water source to a purified water to improve efficiency of the system if placed on a boat as suggested by Enis in paragraph [0024] and [0026] allowing them to reduce weight by not carrying desalinated water and alternatively being able to produce desalinated water.
In Reference to Claim 16:
Bachli discloses all the limitation set forth in claim 12, but fails to disclose a transportation unit where the gas tank is displaced thereon.
However, in the same field of endeavor, energy storage systems, Enis discloses a transportation unit where the gas tank is displaced as a result of the system. See, Figure 13b and Paragraph [0055]
It would have been obvious to a person having ordinary skill in the art at the time of effective filing to modify Bachli to include the teaching of a transportation unit where the gas tank is displaced as a result of the system as taught by Enis, because such a modification would improve the overall efficiency of the energy storage system as discussed by ENIS in paragragh [0024 and 0026].
In Reference to Claim 21:
Bachli discloses all the limitations set forth in claim 17, but fails to disclose using the electricity to build a self-sustaining environment.
However, in the same field of endeavor, energy storage systems, Enis discloses using its electricity to build a self -sustaining environment (See, Paragraph [0232])
It would have been obvious to a person having ordinary skill in the art at the time of effective filing to modify Bachli to include the teachings of Enis, specifically to have the energy storage system be capable of using its electricity to produce a self-sustaining environment instead of the grid (as suggested by Bachli) because doing so would provide a more efficient use of the system and also provide a significant benefit for the environment by reducing pollution.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Examiner notes that the prior art WO2023/101718 provided by Applicant appears to disclose a system that meets at least claim 1.
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 DANIEL S. COLLINS whose telephone number is (313)446-6535. The examiner can normally be reached M-TH 8:00-5:30.
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, Nathaniel Wiehe can be reached at (571) 272-4648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL S COLLINS/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745
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