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 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 2-4 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.
Regarding claim 2, the recitation “wherein the containers are arranged in the internal space of the tank above each other in a stack to define a flow path for a fluid inithe internal space of the tank, wherein the flow path allows a fluid to flow from the at least one opening of the tank at least partially over a surface of the obverse wall of the at least one container, then at least partially over a surface of the reverse wall of the at least one container, then one further container in the stack after the other, at least partially over a surface of the obverse wall and then at least partially over a surface of the reverse wall of each further container in the stack” is unclear. Specifically, the containers are not defined in claim 1 to have a central opening, and thus the claim contradicts the disclosure, which does not provide serially arranged containers (4) but rather alternately arranged containers (4) and containers (4’), which do not have central openings. Claims 3-4 are rejected for their dependency.
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) 1-2 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by FOR1 (JPS50124236A).
Regarding claim 1, FOR1 discloses a thermal energy storage device (see Fig. 3-5), comprising: a tank (tank 1) having internal space (internal space thereof) and at least one first opening (one of pipes 3); at least one container (containers 4), wherein the at least one container at least has an obverse wall, a reverse wall and an internal space (see top and bottom walls, internal space thereof), wherein the internal space of the at least one container contains a phase change material (heat storage element 5 & “solid to liquid,” “latent heat” – Page 1-2), and wherein the obverse wall and/or reverse wall of the at least one container has a substantially planar surface, wherein the substantially planar surface begins at a cross-sectional centre of the at least one container to at least one internal wall of the internal space of the tank to form an opening (see flow passage 6 at center of containers 4) at the cross-sectional centre in the obverse wall and/or the reverse wall for a fluid; wherein the at least one container is arranged in the internal space of the tank to define a flow path for the fluid in the internal space of the tank, and wherein the flow path allows a fluid to flow from the at least one first opening of the tank at least partially over a surface of the obverse wall of the at least one container and then at least partially over a surface of the reverse wall of the at least one container (see flow paths denoted by arrows).
Regarding claim 2, FOR1 discloses the limitations of claim 1, and FOR1 further discloses wherein the thermal energy storage device comprises at least two containers (see two of 4, as noted above), wherein each of the containers at least has an obverse wall, a reverse wall and an internal space, wherein the internal space of each of the containers contains a phase change material (5), wherein the containers are arranged in the internal space of the tank above each other in a stack to define a flow path for a fluid in the internal space of the tank, wherein the flow path (denoted by arrows) allows a fluid to flow from the at least one opening of the tank at least partially over a surface of the obverse wall of the at least one container, then at least partially over a surface of the reverse wall of the at least one container, then, one further container in the stack after the other, at least partially over a surface of the obverse wall and then at least partially over a surface of the reverse wall of each further container in the stack.
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) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over FOR1 (JPS50124236A) in view of Salzer (DE19851192A1).
Regarding claims 3-4, FOR1 teaches the limitations of claim 2, and FOR1 does not teach the thermal energy storage device comprises at least one spacer between each neighboring pairs of containers to provide at least one first part of the flow path for a fluid between each neighboring pairs of containers, the at least one spacer provides at least regionally nonlinear, first part of the flow path, wherein the at least one spacer is a baffle comprises perforated sections and is connected to the at least one internal wall of the internal space of the tank.
Salzer teaches (see Fig. 1 and 3) the thermal energy storage device comprises at least one spacer (22) between each neighboring pairs of containers to provide at least one first part of the flow path for a fluid between each neighboring pairs of containers (18), the at least one spacer provides at least regionally nonlinear, first part of the flow path (28), wherein the at least one spacer is a baffle comprises perforated sections and is connected to the at least one internal wall (12) of the internal space of the tank.
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 FOR1 to include the spacers of Salzer, in order to maintain spacing and increase swirling of the heat transfer fluid (Page 2).
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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/ERIC S RUPPERT/Primary Examiner, Art Unit 3763