DETAILED ACTION
Claims 1-15 are pending.
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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119(a)-(d).
Information Disclosure Statement
The information disclosure statements provided complies with the provisions of MPEP § 609. It has been placed in the application file, and the information referred to therein has been considered as to the merits. A signed copy of the form is attached.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-15 are provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claims 2-15 of copending Application No. 18/570,996. Although the conflicting claims are not identical, they are not patentably distinct from each other because removing inherent and/or unnecessary limitations/step or adding an element and its function would be within the level of one of ordinary skill in the art. It is well settled that the adding or deleting an element and its function in the present Application such as “heat storage (see title and page 1, second col. first par., for sensible heat storage) power generation (see title)” and its function are an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969). Omission of a reference element or step whose function is not needed would be obvious to one of ordinary skill in the art.
Application No: 18/570,909
Application No: 18/570,996
1. A heat storage power generation system comprising: a heater configured to heat first heat transfer fluid; a heat storage including a heat storage material heated by the first heat transfer fluid, and configured to heat second heat transfer fluid with heat stored in the heat storage material; a power generator configured to generate electric power by using the second heat transfer fluid; a heating controller configured to control heating of the first heat transfer fluid by the heater; and a power generation controller configured to control power generation performed by the power generator, wherein the heating controller controls the heating of the first heat transfer fluid, based on two or more limit values among a first limit value related to an amount of energy consumption by the heater, a second limit value related to temperature of the first heat transfer fluid, a third limit value related to internal temperature of the heat storage, and a fourth limit value related to a change rate of the internal temperature.
2. A heat storage power generation system comprising: a heater configured to heat first heat transfer fluid; a heat storage including a heat storage material heated by the first heat transfer fluid, and configured to heat second heat transfer fluid with heat stored in the heat storage material; a power generator configured to generate electric power by using the second heat transfer fluid; one or more temperature meters configured to measure internal temperature of the heat storage; a power generation controller configured to control power generation performed by the power generator, based on the internal temperature measured by the temperature meters; and a power generation plan processor configured to develop a power generation plan for the power generator, based on the internal temperature measured by the temperature meters, wherein the power generation controller controls the power generation performed by the power generator, based on the power generation plan.
15. A power generation control system configured to control a heat storage power generation system including: a heater configured to heat first heat transfer fluid; a heat storage including a heat storage material heated by the first heat transfer fluid, and configured to heat second heat transfer fluid with heat stored in the heat storage material; and a power generator configured to generate electric power by using the second heat transfer fluid, the power generation control system comprising: a heating controller configured to control heating of the first heat transfer fluid by the heater; and a power generation controller configured to control power generation performed by the power generator, wherein the heating controller controls the heating of the first heat transfer fluid based on two or more limit values among a first limit value related to an amount of energy consumption by the heater, a second limit value related to temperature of the first heat transfer fluid, a third limit value related to internal temperature of the heat storage, and a fourth limit value related to a change rate of the internal temperature.
15. (Original) A power generation control system configured to control a heat storage power generation system including: a heater configured to heat first heat transfer fluid; a heat storage including a heat storage material heated by the first heat transfer fluid, and configured to heat second heat transfer fluid with heat stored in the heat storage material; and a power generator configured to generate electric power by using the second heat transfer fluid, the power generation control system comprising: one or more temperature meters configured to measure internal temperature of the heat storage; and a power generation controller configured to control power generation performed by the power generator, based on the internal temperature measured by the temperature meters.
This is a provisional obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.
It is well settled that it is obviousness in the overall appearance of the claimed invention, when compared with the prior art, rather than minute details or small variations in the claims as appears to be the case here, that constitutes the test of patentability.
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 –
Claims 1-7 and 9-15 are rejected under U.S.C. 102(a)(1) as being anticipated by Patel et al., (SENSIBLE HEAT STORAGE FOR POWER GENERATION, IEEE).
As per claim 1, Patel et al., teaches a heat storage (see title and page 1, second col. first par., for sensible heat storage) power generation (see title) system comprising: a heater (see Introduction on page 1) configured to heat first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids); a heat storage (see title and page 1, second col. first par., for sensible heat storage) including a heat storage (see title and page 1, second col. first par., for sensible heat storage) material heated by the first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids), and configured to heat second heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids) with heat stored in the heat storage material (see title and page 1, second col. first par., for sensible heat storage); a power generator (see title) configured to generate electric power (see abs. and Fig. 1, item A)) by using the second heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids); a heating controller configured to control heating of the first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids) by the heater (see Introduction on page 1); and a power generation controller configured to control power generation performed by the power generator (see title), wherein the heating controller controls the heating of the first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids), based on two or more limit values (see abs., particularly “temperatures of approximately 550°C to 1500°C”) among a first limit value related to an amount of energy consumption by the heater (see Introduction on page 1), a second limit value related to temperature (see page 2, col. 1, first par.) of the first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids), a third limit value related to internal temperature (see page 2, col. 1, first par.) of the heat storage (see title and page 1, second col. first par., for sensible heat storage), and a fourth limit value related to a change rate of the internal temperature (see page 2, col. 1, first par.).
As per claim 2, Patel et al., teaches wherein the heating controller acquires the first limit value that changes in accordance with time (see page 2, col. 2, section II. second par.).
As per claim 3, Patel et al., teaches wherein the heating controller controls the heating of the first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids) so that two or more of the amount of energy consumption by the heater (see Introduction on page 1), the temperature (see page 2, col. 1, first par.) of the first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids), the internal temperature (see page 2, col. 1, first par.), and the change rate of the internal temperature (see page 2, col. 1, first par.) obey limitation with the two or more limit values (see abs., particularly “temperatures of approximately 550°C to 1500°C).
As per claim 4, Patel et al., teaches wherein the heating controller controls the heating of the first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids), based on a tightest limit value among the two or more limit values (see abs., particularly “temperatures of approximately 550°C to 1500°C).
As per claim 5, Patel et al., teaches wherein the heating controller selects the tightest limit value from among three or more limit values (see abs., particularly “temperatures of approximately 550°C to 1500°C”) among the first limit value, the second limit value, the third limit value, and the fourth limit value with an override configuration (see abs., particularly “temperatures of approximately 550°C to 1500°C” as noted above).
As per claim 6, Patel et al., teaches wherein the heating controller selects the tightest limit value from among three or more limit values (see abs., particularly “temperatures of approximately 550°C to 1500°C”) among the first limit value, the second limit value, the third limit value, and the fourth limit value with a cascade configuration (see abs., particularly “temperatures of approximately 550°C to 1500°C” as noted above).
As per claim 7, Patel et al., further comprising one or more temperature (see page 2, col. 1, first par.) meters configured to measure the internal temperature (see page 2, col. 1, first par.), or the temperature (see page 2, col. 1, first par.) of the first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids), wherein the heating controller controls the heating of the first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids), based on the internal temperature (see page 2, col. 1, first par.), or the temperature (see page 2, col. 1, first par.) of the first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids) measured by the temperature meter (see page 2, col. 1, first par.).
As per claim 9, Patel et al., teaches further comprising a heating plan processor configured to develop a heating plan (see page 4, col. 1, second par., for heat transfer fluids) for the heater (see Introduction on page 1), wherein the heating controller controls the heating of the first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids), based on the heating plan (see page 4, col. 1, second par., for heat transfer fluids as noted above).
As per claim 10, Patel et al., teaches wherein the heating plan processor develops the heating plan (see page 4, col. 1, second par., for heat transfer fluids as noted above), based on the two or more limit values (see abs., particularly “temperatures of approximately 550°C to 1500°C”), and the heating controller controls the heating of the first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids) based on the two or more limit values (see abs., particularly “temperatures of approximately 550°C to 1500°C”), by controlling the heating of the first heat transfer fluid based on the heating plan (see page 4, col. 1, second par., for heat transfer fluids as noted above).
As per claim 11, Patel et al., teaches wherein the heating plan processor develops the heating plan through simulation of operation of the heater (see Introduction on page 1).
As per claim 12, Patel et al., teaches wherein the heating plan processor develops the heating plan (see page 4, col. 1, second par., for heat transfer fluids as noted above) through optimization calculation related to operation of the heater (see Introduction on page 1).
As per claim 13, Patel et al., further comprising one or more temperature (see page 2, col. 1, first par.) meters configured to measure the internal temperature (see page 2, col. 1, first par.), or the temperature (see page 2, col. 1, first par.) of the first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids), wherein the heating plan processor (see page 4, col. 1, second par., for heat transfer fluids as noted above) determines distribution of the internal temperature (see page 2, col. 1, first par.) as a function of place and time based on the internal temperature (see page 2, col. 1, first par.) measured by the temperature meters (see page 2, col. 1, first par.), and develops the heating plan based on the distribution of the internal temperature (see page 2, col. 1, first par.).
As per claim 14, Patel et al., teaches wherein the heating plan processor (see page 4, col. 1, second par., for heat transfer fluids as noted above) calculates an energy amount (see Introduction on page 1) of heat that can be stored by the heat storage (see title and page 1, second col. first par., for sensible heat storage) between a first time and a second time in a heat storing mode based on the distribution of the internal temperature (see page 2, col. 1, first par.), and develops the heating plan (see page 4, col. 1, second par., for heat transfer fluids as noted above as noted above) based on the energy amount (see Introduction on page 1).
As per claim 15, Patel et al., teaches a power generation control system configured to control a heat storage (see title and page 1, second col. first par., for sensible heat storage) power generation (see title) system including: a heater (see Introduction on page 1) configured to heat first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids); a heat storage (see title and page 1, second col. first par., for sensible heat storage) including a heat storage (see title and page 1, second col. first par., for sensible heat storage) material heated by the first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids), and configured to heat second heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids) with heat stored in the heat storage (see title and page 1, second col. first par., for sensible heat storage) material; and a power generator (see title) configured to generate electric power (see abs. and Fig. 1, item A)) by using the second heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids), the power generation control system comprising: a heating controller configured to control heating of the first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids) by the heater (see Introduction on page 1); and a power generation controller configured to control power generation performed by the power generator (see title), wherein the heating controller controls the heating of the first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids) based on two or more limit values (see abs., particularly “temperatures of approximately 550°C to 1500°C”) among a first limit value related to an amount of energy consumption by the heater (see Introduction on page 1), a second limit value related to temperature (see page 2, col. 1, first par.) of the first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids), a third limit value related to internal temperature (see page 2, col. 1, first par.) of the heat storage (see title and page 1, second col. first par., for sensible heat storage), and a fourth limit value related to a change rate of the internal temperature (see page 2, col. 1, first par.).
Claim Rejections - 35 USC § 103
The following is a quotation of 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 of this title, 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.
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Patel et al., further in view of Lawrence (US 3,730,265).
As per claim 8, Patel et al., teaches substantially essential features of the invention substantially as claimed including circulate the first heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids) between the heater (see Introduction on page 1) and the heat storage (see title and page 1, second col. first par., for sensible heat storage); circulate the second heat transfer fluid (see page 4, col. 1, second par., for heat transfer fluids) between the heat storage (see title and page 1, second col. first par., for sensible heat storage) and the power generator (see title). Patel et al., does not specifically teach a first air sender, a second air sender; and an air-sending controller configured to control operation of the first and second air senders (see title and page 1, second col. first par., for sensible heat storage as noted above).
Lawrence on the other hand teaches a first air sender, a second air sender (see col. 3, lines 64 -to- col. 4, lines 17); and an air-sending controller configured to control operation of the first and second air senders (see col. 3, lines 64 -to- col. 4, lines 17).
Therefore, it would have been obvious to one of ordinary skill in the art at before the effective filing date of the invention to provide the heat storage teachings of Patel et al. with an air teaching as taught by Lawrence so that “providing heated air for other fluids such as non-freezing, snow and ice melting, fluids” (see Lawrence’s col. 1, lines 55-65), thereby improving the efficiency and the reliability of the heat storage power generation as a whole.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MCDIEUNEL MARC whose telephone number is (571) 272-6964. The examiner can normally be reached on Work 9:00 AM to 7:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, WADE MILES can be reached on (571) 270-7777. The fax phone number for the organization where this application or proceeding is assigned is (571)-273-3976.
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/McDieunel Marc/
Primary Examiner, Art Unit 3665