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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8,10-11,14-15,22 and 24-27 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the recitation “a controller configured to at least one of: operate of the first energy transfer component in accordance with a first demand signal indicative of a thermal energy transfer request to store thermal energy in the thermal energy storage fluid: and operate the second energy transfer component in accordance with a second demand signal indicative of a thermal energy transfer request to extract thermal energy from the thermal energy storage fluid for the energy storage apparatus” is considered new matter. Specifically, there is no disclosure of controlling the first energy transfer component with a first demand signal indicative of a request to store energy, or controlling the second energy transfer component with a second demand signal indicative of a request to extract thermal energy. Rather, as seen in Page 10 of the originally filed disclosure, a single signal is discussed which is indicative of a thermal energy transfer request, and the same signal is used to operate one or both of the energy transfer components, with no mention of a second signal.
Claims 2-8,10-11,14-15,22 and 24-27 are rejected for their dependency from claim 1.
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 1-8,10-11,14-15,22 and 24-27 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 1, the recitation “wherein the controller is configured to operate the at least one of the first energy transfer component and the second energy transfer component in accordance with the demand signal such that a difference between an average temperature of the thermal energy storage fluid in an upper portion of the storage tank and an average temperature of the thermal energy storage fluid in a lower portion of the storage tank is less than 20 degrees Celsius during operation” is unclear. Specifically, a first demand signal and a second demand signal are previously recited, and thus it is unclear which demand signal “the demand signal” is referring to, or if “the demand signal” is a different signal.
Claims 2-8,10-11,14-15,22 and 24-27 are rejected for their dependency from claim 1.
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, 3-7, 11, 14, 25-27 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Nonami (JP2001116477A).
Claim 1, Nonami discloses an energy storage apparatus (Fig. 1/3/8) comprising: a storage tank (tank 6) for receiving thermal energy storage fluid (medium 7) therein and having a first portion and a second portion, each portion having a first end vertically spaced from a second end (see bottom and top portions, respectively), wherein the first portion is in fluid communication with the second portion at the respective first ends and at the respective second ends; a first energy transfer component (convection generating means 16/26) configured to transfer thermal energy into thermal energy storage fluid in the first portion of the storage tank; and a second energy transfer component (coil 5) configured to transfer thermal energy from thermal energy storage fluid in the second portion of the storage tank, wherein the energy storage apparatus is configured such that operation of at least one of the first energy transfer component and the second energy transfer component causes convective fluid flow of the thermal energy storage fluid from the first energy transfer component towards the second energy transfer component and from the second energy transfer component towards the first energy transfer component, wherein the energy storage apparatus further comprises a controller (control means – Page 2) configured to operate the first energy transfer component (convection generating means is operated – Page 2) in accordance with a second demand signal indicative of a thermal energy transfer request to extract thermal energy from the thermal energy storage fluid for the energy storage apparatus (via detecting means 15, which is considered indicative of a thermal energy transfer request), and wherein the controller is configured to operate the at least one of the first energy transfer component and the second energy transfer component in accordance with the demand signal such that a difference between an average temperature of the thermal energy storage fluid in an upper portion of the storage tank and an average temperature of the thermal energy storage fluid in a lower portion of the storage tank is less than 20 degrees Celsius during operation (temperature at the bottom…10 C…temperature at the top…5 C…natural convection occurs – Page 2).
Claim 3, Nonami discloses the limitations of claim 1, and Nonami further discloses the second energy transfer component is a heat exchanger (5).
Claim 4, Nonami discloses the limitations of claim 1, and Nonami further discloses the the first energy transfer component (convection generating means 16/26) is configured to transfer thermal energy to a lower region of the first portion.
Claim 5, Nonami discloses the limitations of claim 1, and Nonami further discloses the second energy transfer component (5) is configured to transfer thermal energy from an upper region of the second portion.
Claim 6, Nonami discloses the limitations of claim 1, and Nonami further discloses the first energy transfer component and the second energy transfer component are provided in the storage tank (see 5 & 16/26 inside 6).
Claim 7, Nonami discloses the limitations of claim 6, and Nonami further discloses a first connection to the first energy transfer component and a second connection to the second energy transfer component are provided through an upper wall of the storage tank (see respective connections in Fig. 8).
Claim 11, Nonami discloses the limitations of claim 1, and Nonami further discloses one or more temperature sensors for outputting a signal indicative of a temperature of a thermal storage fluid in the storage tank (15).
Claim 14, Nonami discloses the limitations of claim 1, and Nonami further discloses the thermal energy storage fluid is configured to remain substantially within the storage tank during transfer of thermal energy between the thermal energy storage fluid and one or both of the first energy transfer component and the second energy transfer component (see medium 7 inside tank 6).
Claim 25, Nonami discloses the limitations of claim 1, and Nonami further discloses the apparatus is configured to maintain the thermal energy storage fluid below a maximum operating temperature of between 70 degrees Celsius and 98 degrees Celsius (10 C – Page 2).
Claim 26, Nonami discloses the limitations of claim 1, and Nonami further discloses the thermal energy storage fluid in the storage tank, and wherein the thermal energy storage fluid is a liquid (water – Page 2).
Claim 27, Nonami discloses the limitations of claim 1, and Nonami further discloses a temperature change of the thermal energy storage fluid between a minimum operating temperature of the thermal energy storage fluid and a maximum operating temperature of the thermal energy storage fluid, the thermal energy storage fluid is under a negative pressure in the storage tank at a first temperature and is under a positive pressure in the storage tank at a second temperature, different to the first temperature (Nonami is capable of being operating the manner recited). A recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claim, as is the case here; refer to MPEP 2114(II).
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.
Claim(s) 2, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nonami (JP2001116477A) in view of Griffith (US20210215438A1).
Regarding claim 2, Nonami teaches the limitations of claim 1, and Nonami further teaches the first energy transfer component is a heater, however, fails to teach wherein the heater is a resistive heater.
Griffith teaches wherein the heater is a resistive heater (¶[0100).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Nonami to include the resistive heater as taught by Griffith, in order to provide a inexpensive means of heating (¶[0100]).
Regarding claim 24, Nonami teaches the limitations of claim 1, and Nonami does not teach the storage tank is cuboidal.
Griffith teaches the storage tank is cuboidal (¶[0075]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Nonami to include the cuboidal shape of Griffith, in order to provide a more space efficient shape of the storage tank (¶[0075]).
Claim(s) 8, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nonami (JP2001116477A) in view of Hultgren (GB1397013).
Regarding claims 8 and 10, Nonami teaches the limitations of claim 1, and Nonami does not teach wherein a region of the first portion is separated from a region of the second portion, the regions being between the respective first and second ends of each of the first and second portions of the storage tank, wherein the region of the first portion is separated from the region of the second portion by a baffle in the storage tank; wherein the baffle extends across the region of the first portion and the region of the second portion, and wherein a first flow path for thermal energy storage fluid is provided between region of the first portion and the region of the second portion, around the baffle and via the second ends of the first and second portions, and a second flow path for thermal energy storage fluid is provided between the region of the first portion and the region of the second portion, around the baffle and via the first ends of the first and second portions.
Hultgren teaches (see Fig. 1) wherein a region of the first portion is separated from a region of the second portion, the regions being between the respective first and second ends (see respective ends) of each of the first and second portions of the storage tank (1), wherein the region of the first portion is separated from the region of the second portion by a baffle (5) in the storage tank; wherein the baffle extends across the region of the first portion and the region of the second portion, and wherein a first flow path for thermal energy storage fluid is provided between region of the first portion and the region of the second portion, around the baffle and via the second ends of the first and second portions, and a second flow path for thermal energy storage fluid is provided between the region of the first portion and the region of the second portion, around the baffle and via the first ends of the first and second portions.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Nonami to include the baffle of Hultgren, in order to maximize heat transfer contact with the storage medium (Page 3, lines 0-10).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nonami (JP2001116477A) in view of Shimizu (EP2535665A1).
Regarding claim 15, Nonami teaches the limitations of claim 1, and Nonami does not teach the storage tank comprises a flexible wall portion.
Shimizu teaches (see Fig. 7) the storage tank comprises a flexible wall portion (56).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Nonami to include the flexible wall portion of Shimizu, in order to allow for contact with an external heat source (¶[0054]).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nonami (JP2001116477A) in view of Hilmer (DE19710803A1).
Regarding claim 22, Nonami teaches the limitations of claim 1, and Nonami does not teach insulation material surrounding the storage tank, wherein the insulation material defines a conduit between the storage tank and an external environment outside the energy storage apparatus, wherein the conduit has a first end, open towards the storage tank, at an upper end of the storage tank, and a second end, open to the external environment, below the first end, the conduit defined by an inner wall separating the conduit from the storage tank, and an outer wall separating the conduit from the external environment.
Hilmer teaches (see Fig. 2) insulation material (14) surrounding the storage tank (10), wherein the insulation material defines a conduit (see conduit defined by space between 10 & 14 at top of tank) between the storage tank and an external environment outside the energy storage apparatus, wherein the conduit has a first end, open towards the storage tank, at an upper end of the storage tank, and a second end, open to the external environment, above the first end, the conduit defined by an inner wall separating the conduit from the storage tank, and an outer wall separating the conduit from the external environment. Hilmer does not teach wherein the second end is below the first end.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Nonami to include the insulation and conduit of Hilmer, in order to prevent heat losses (Page 1 of translation), and to provide wherein the second end is below the first end since it has been held that rearranging parts of an invention involves only routine skill in the art MPEP 2144.04 VI. (C). In the instant case, moving the conduit to be below the top of the tank would provide the connections to the exterior at a lower height than the top of the tank, which could be advantageous for accessing the connections for repair or servicing thereof.
Response to Arguments
Applicant's arguments filed 2/02/2026 have been fully considered but they are not persuasive.
Applicant argues Nonami fails to disclose the controller is configured to operate the heater in accordance with a first demand signal indicative of a thermal energy transfer request to store thermal energy, and that the present invention is configured for storing both hot thermal energy and cold thermal energy. Applicant further argues that the present invention is not operated exclusively when the temperature is between 0-5 degrees Celsius and the invention causes the average temperature to have a sustained increase.
Examiner contends the claims now require a controller configured to at least one of: operate of the first energy transfer component in accordance with a first demand signal indicative of a thermal energy transfer request to store thermal energy in the thermal energy storage fluid: and operate the second energy transfer component in accordance with a second demand signal indicative of a thermal energy transfer request to extract thermal energy from the thermal energy storage fluid for the energy storage apparatus (bolded for emphasis). As such, the limitations argued by Applicant are not required by the claim due to the use of “at least one of” preceding the two limitations at issue. Regarding Applicant’s arguments directed to the heater being able to be operated at any temperature and causing the average temperature to have a sustained increase, Examiner contends that these arguments are also not commensurate in scope with the claims.
For at least the reasons stated above, Applicant’s arguments are found unpersuasive and the rejection is maintained.
Conclusion
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 ERIC S RUPPERT whose telephone number is (571)272-9911. The examiner can normally be reached Monday - Friday 8 am - 4 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC S RUPPERT/Primary Examiner, Art Unit 3763