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 .
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 20 May 2026 is acknowledged. The traversal is on the ground(s) that the amended claims of Groups I-III share the same special technical feature regarding a coefficient of thermal expansion. This is not found persuasive because as evidenced by the art rejections below; the feature is known in the prior art and therefore cannot serve as a special technical feature linking Groups I-III.
The requirement is still deemed proper and is therefore made FINAL.
Claims 10-15 and 21-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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 1-6 and 16-20 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.
Claim 1 recites “a trans-pipe annulus between the first pipe inner diameter and the first pipe outer diameter” in lines 11-12. It is unclear how an annulus can exist across the inner and outer diameters of the pipe. For purposes of examination the recitation will be interpreted as “a trans-pipe annulus between the second pipe inner diameter and the first pipe outer diameter” as appears to be consistent of par. 0042 of the PGPUB version of the specification.
Claims 2-6 and 16-20 are rejected for the same reason therefrom.
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.
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) 1-5, 16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0190253 A1 to Duan et al. (Duan) in view of US 2010/0180798 A1 to Saiki (Saiki).
In reference to claim 1, Duan discloses a geothermal power system, comprising: a power generation unit (implicit; pars. 0005-0006); at least one tubing (see Figs. 1-2) configured to be positioned within a wellbore (interpreted as intended use) and coupled to the power generation unit (implicit; par. 0011) that includes: at least a first pipe (1) with a first annular wall, the first annular wall defining a first pipe inner diameter and a first pipe outer diameter (see Figs.), the at least a first pipe having a first thermal conductivity (inherent); at least a second pipe (2) at least partially surrounding the at least a first pipe, the at least a second pipe including a second annular wall, the second annular wall defining a second inner diameter that is larger than the first pipe outer diameter of the at least a first pipe (see Figs.) and that defines a trans-pipe annulus (at symbol 4) between the second pipe inner diameter and the first pipe outer diameter, the trans-pipe annulus having a trans-pipe distance (inherent), and a second outer diameter, the at least a second pipe having a second thermal conductivity (inherent); and, a coating (4) applied to at least a portion of at least one of the first pipe outer diameter of the at least a first pipe and the second inner diameter of the at least a second pipe, the coating having a coating thermal conductivity that is less than at least one of the first thermal conductivity and the second thermal conductivity (implicit, the coating performs as insulation; par. 0028), wherein the coating includes at least one ceramic particle composed of at least one of (a) yttria-stabilized zirconia (optional), (b) alumina (par. 0030) and silica (par. 0035; waterglass contains silica), (c) alumina (par. 0030), (d) ceria (optional), (e) ceria and yttria-stabilized zirconia (optional), (f) rare-earth oxides (optional), (g) rare-earth zirconates (optional), and (h) metal-glass composites (optional), but fails to explicitly disclose details regarding the coefficient of thermal expansion. Duan discloses the pipes are steel (par. 0015). Saiki discloses an insulative coating (par. 0222) made from alumina/silica (par. 0180) for a steel pipe (par. 0086) and teaches that the coefficient of thermal expansion of a base material and a surface coating should be proximate in order to prevent deformation and breakage of both the pipe and coating (pars. 0235-0236). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of Saiki to select a coating with a proximate coefficient of thermal expansion for the system of Duan. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, as it would advantageously prevent damage to the pipe and insulation, as taught by Saiki.
In reference to claim 2, the modified Duan teaches the geothermal power system of claim 1, wherein the trans-pipe annulus holds a vacuum along at least a portion of a length of the at least one tubing (Duan; par. 0020).
In reference to claim 3, the modified Duan teaches the geothermal power system of claim 1, wherein the coating contacts the first pipe outer diameter of the at least a first pipe and the second inner diameter of the at least a second pipe along at least a portion of a length of the at least one tubing (see Duan; Fig. 1).
In reference to claim 4, the modified Duan teaches the geothermal power system of claim 1, further comprising at least one centralizer (Duan; 3) positioned about at least one of (a) the first pipe outer diameter of the at least a first pipe (Duan; see Figs.), (b) the coating, and (c) the second outer diameter of the at least a second pipe.
In reference to claim 5, the modified Duan teaches the geothermal power system of claim 4, wherein the at least one centralizer spans the trans-pipe annulus between at least one of (a) the first pipe outer diameter of the at least a first pipe and the coating (Duan; see Figs.), (b) the coating and the second outer diameter of the at least a second pipe, and (c) the first pipe outer diameter of the at least a first pipe and the second outer diameter of the at least a second pipe.
In reference to claim 16, the modified Duan teaches the geothermal power system of claim 1, wherein the at least a first pipe is expandable to increase the first pipe inner diameter (interpreted as intended use; any steel pipe is capable of being expanded given the right tooling).
In reference to claim 20, the modified Duan teaches the geothermal power system of claim 1, wherein at least one of the at least a first pipe and the at least a second pipe is a metal (Duan; par. 0015).
Claim(s) 6 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over the modified Duan as applied to claim 1 above, and further in view of US 5,862,866 A to Springer (Springer).
In reference to claims 6 and 17-19, the modified Duan teaches the geothermal power system of claim 1, but fails to explicitly disclose a plurality of tubing. However, Springer discloses an insulated pipe for downhole geothermal applications, wherein the at least one tubing comprises a plurality of tubing (see Figs. 1-2), wherein the first pipe outer diameter is in at least partial contact with the second inner diameter (see Fig. 2), wherein the at least a second pipe (at symbol 2; Fig. 1) includes an up-hole connection (top) and a downhole connection (bottom), and the downhole connection of the at least a second pipe is connected to the up-hole connection of another second pipe positioned downhole of the at least a second pipe, and wherein the first pipe outer diameter of at least one first pipe is radially proximate to one of the up-hole connection and the downhole connection (see Fig. 2). Springer also teaches that to accommodate for the long piping required for the application it is conventional to utilize multiple sections of pipe for easy transport (col. 2, lines 6-13) and that the end structure of the pipe allows for connection of the pipes (col. 2, lines 32-48). It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the conventional plural pipes and pipe end structure disclosed by Springer into the system of the modified Duan. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, as the features would advantageously provide for easier transportation of the pipe, as taught by Springer.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2019/0011074 A1 discloses a ceramic insulation coating composition (par. 0045) relevant to at least claim 1 and US 2013/0048135 A1 discloses an insulated pipe with proximate CTE (par. 0009) relevant to at least claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN MATTHIAS whose telephone number is (571)272-5168. The examiner can normally be reached Monday-Wednesday 10am - 6pm Pacific Time.
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/JONATHAN R MATTHIAS/Primary Examiner, Art Unit 3746
07 August 2026