Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 12,007,148. Although the claims at issue are not identical, they are not patentably distinct from each other because
Regarding Claim 1: A solar energy system comprising: a support frame (Claim 1 of US Patent 12,007,148); a thermal energy storage device (Claim 1 of US Patent 12,007,148) supported by said support frame, said thermal energy storage device including a solar energy receiving surface (Claim 1 of US Patent 12,007,148) operative to convert solar energy incident thereon into thermal energy and to transmit said thermal energy to a thermal storage medium within said thermal device; a shutter (Claim 1 of US Patent 12,007,148) having a surface complementary to said solar energy receiving surface of said thermal energy storage device, said shutter being movable with respect to said solar energy receiving surface and including an aperture (Claim 1 of US Patent 12,007,148) to expose different regions of said solar energy receiving surface to solar energy depending on the relative orientation of said shutter and said thermal energy storage device; a solar energy concentrator (Claim 1 of US Patent 12,007,148) adjustably coupled to said support frame to direct solar energy to said thermal energy storage device through said aperture; and an elevation adjustment system (Claim 1 of US Patent 12,007,148) coupled to adjust an elevational angle of said solar energy concentrator and said orientation of said shutter in a coordinated manner.
Regarding Claim 2: The solar energy system of Claim 1, further comprising an azimuthal adjustment system (Claim 2 of US Patent 12,007,148) adapted to adjust the azimuth of said solar energy concentrator, and wherein the alignment of said solar energy concentrator and said aperture of said shutter remain fixed as azimuthal adjustments are made to said solar energy concentrator.
Regarding Claim 3: The solar energy system of Claim 1, wherein said aperture of said shutter is disposed at a focal point of said solar energy concentrator. (Claim 3 of US Patent 12,007,148)
Regarding Claim 4: The solar energy system of Claim 1, wherein: said solar energy receiving surface includes a concave portion; and said surface of said shutter complementary to said solar energy receiving surface includes a convex portion. (Claim 4 of US Patent 12,007,148)
Regarding Claim 5: The solar energy system of Claim 1, wherein said surface of said shutter complementary to said solar energy receiving surface and said solar energy receiving surface have a ball and socket relationship. (Claim 5 of US Patent 12,007,148)
Regarding Claim 6: The solar energy system of Claim 1, wherein portions of said solar energy receiving surface not exposed to impinging light by said aperture are insulated against thermal loss by said surface of said shutter complementary to said solar energy receiving surface. (Claim 6 of US Patent 12,007,148)
Regarding Claim 7: The solar energy system of Claim 6, wherein: said thermal energy storage device is a canister having a thermal energy storage medium disposed therein; and said solar energy receiving surface includes a concave, exterior surface of said canister. (Claim 7 of US Patent 12,007,148)
Regarding Claim 8: The solar energy system of Claim 1, further comprising: an insulating structure at least partially surrounding said thermal energy storage device, said insulating structure defining an opening; and wherein said shutter is movably disposed in said opening of said insulating structure. (Claim 1 of US Patent 12,007,148)
Regarding Claim 9: The solar energy system of Claim 8, wherein said shutter fills said opening of said insulating structure. (Claim 1 of US Patent 12,007,148)
Regarding Claim 10: The solar energy system of Claim 1, wherein: said shutter is mechanically coupled to said solar energy concentrator; and said aperture of said shutter remains coaxially aligned with an optical axis of said solar energy concentrator while said solar energy concentrator is moved with respect to said solar energy receiver. (Claim 8 of US Patent 12,007,148)
Regarding Claim 11: The solar energy system of Claim 1, wherein said shutter includes: a substantially spherical body defining said aperture therethrough; and a pair of coaxially aligned shafts extending from opposite sides of said spherical body. (Claim 9 of US Patent 12,007,148)
Regarding Claim 12: The solar energy system of Claim 11, wherein said elevation adjustment system rotates said solar energy concentrator about an axis coaxially aligned with said shafts. (Claim 10 of US Patent 12,007,148)
Regarding Claim 13: The solar energy system of Claim 1, further comprising means for maintaining the tilt and vertical position of said thermal energy storage device as elevation adjustments are made to said solar energy concentrator. (Claim 11 of US Patent 12,007,148)
Claims 14-16, 18 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No. 12,007,148 in view of US Patent 3,998,206 to Jahn.
Regarding Claim 14: A solar energy system comprising: a support frame (Claim 13 of US Patent 12,007,148); a thermal energy storage device (Claim 13 of US Patent 12,007,148) supported by said support frame, said thermal energy storage device including a solar energy receiving surface (Claim 13 of US Patent 12,007,148) operative to convert solar energy incident thereon into thermal energy and to transmit said thermal energy to a thermal storage medium within said thermal device,; an insulating structure (Claim 13 of US Patent 12,007,148) at least partially surrounding said thermal energy storage device and defining an opening exposing said solar energy receiving surface; a shutter (Claim 13 of US Patent 12,007,148) disposed in said opening defined by said insulating structure, having a spherical body including a surface complementary to said concave solar energy receiving surface of said thermal energy storage device, being movable with respect to said solar energy receiving surface and including an aperture (Claim 13 of US Patent 12,007,148) to expose different regions of said solar energy receiving surface to solar energy depending on the relative orientation of said shutter and said thermal energy storage device; a solar energy concentrator mechanically (Claim 13 of US Patent 12,007,148) coupled to said shutter and adjustably coupled to said support frame to direct solar energy to said thermal energy storage device through said aperture; an elevation adjustment system (Claim 13 of US Patent 12,007,148) coupled to adjust an elevational angle of said solar energy concentrator and said orientation of said shutter in a coordinated manner; an azimuthal adjustment system (Claim 13 of US Patent 12,007,148) adapted to adjust the azimuth of said solar energy concentrator, and wherein the alignment of said solar energy concentrator and said aperture of said shutter remain fixed as azimuthal adjustments are made to said solar energy concentrator.
US Patent 12,007,148 does not teach the solar energy receiving surface having a concave shape.
Jahn teaches the thermal energy storage device (Fig. 5, 30) having a solar energy receiving surface having a concave shape (As showed in Fig. 5)
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to incorporate teachings from Jahn into the US Patent 12,007,148. Doing so, would result in a concave shape solar energy receiving surface being used as the solar anergy receiving device. Both inventions are in the same field of endeavor, Jahn provides a design with a predictable result of success.
Regarding Claim 15: The solar energy system of Claim 14, wherein said aperture of said shutter is maintained at a focal point of said solar energy concentrator. (Claim 14 of US Patent 12,007,148)
Regarding Claim 16: The solar energy system of Claim 15, wherein portions of said concave solar energy receiving surface are insulated against thermal loss by said surface of said shutter. (Claim 15 of US Patent 12,007,148)
Regarding Claim 18: The solar energy system of Claim 17, wherein: said thermal energy storage device is a canister having a thermal energy storage medium disposed therein; and said solar energy receiving surface includes an exterior surface of said canister. (Claim 16 of US Patent 12,007,148)
Regarding Claim 19: The solar energy system of Claim 18, wherein said thermal energy storage medium includes a metallic phase change material. (Claim 17 of US Patent 12,007,148)
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claim 1 and 6 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US Patent 3,998,206 to Jahn in view of US Patent 4,111,184 to Perkins.
In Reference to Claim 1
Jahn discloses a solar energy system comprising: a support frame (Fig. 1, 17); a thermal energy storage (B) device supported by said support frame, said thermal energy storage device including a solar energy receiving surface (B2) operative to convert solar energy incident thereon into thermal energy and to transmit said thermal energy to a thermal storage medium within said thermal device (Col. 5, Line 30-35); a shutter (30) having a surface complementary to said solar energy receiving surface of said thermal energy storage device, said shutter being movable with respect to said solar energy receiving surface and including an aperture to expose different regions of said solar energy receiving surface to solar energy depending on the relative orientation of said shutter and said thermal energy storage device (Col. 5, Lines 4-60); a solar energy concentrator (R) adjustably coupled to said support frame to direct solar energy to said thermal energy storage device through said aperture;
Jahn does not teach an elevation adjustment system.
Perkins teaches an elevation adjustment system (80 and 54) coupled to adjust an elevational angle of said solar energy concentrator and said orientation of said shutter in a coordinated manner.
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to incorporate teachings from Perkins into the design of Jahn. Doing so, would result in the elevation adjustment system being applied to control the reflector of Jahn. Both inventions of Jahn and Perkins are in the same field of endeavor, Perkins teaches a method of moving the reflector in all degrees of freedom. So the efficiency of the solar collection would be improved.
In Reference to Claim 6
Jahn discloses portions of said solar energy receiving surface not exposed to impinging light by said aperture are insulated against thermal loss by said surface of said shutter complementary to said solar energy receiving surface. (As showed in Fig. 3, Col. 5, Lines 45-50)
Claims 4 and 7 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over the combination of Jahn and Perkins as applied to claim 1 above, and further in view of US Patent 3,905,352 to Jahn (Jahn352).
In Reference to Claim 4
Jahn discloses said solar energy receiving surface (B) includes a concave portion;
Jahn does not teach the solar energy receiving surface includes a convex portion.
Jahn352 teaches said surface of said shutter complementary to said solar energy receiving surface includes a convex portion. (Fig. 2, B-1)
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to incorporate teachings from Jahn352 into the design of Jahn. Doing so, would result in a portion of the solar energy receiving surface includes a convex portion. Both inventions of Jahn and Jahn352 are in the same field of endeavor, Jahn teaches a design with a predictable result of improving the capturing solar energy.
In Reference to Claim 7
Jahn discloses said thermal energy storage device (B) is a canister having a thermal energy storage medium disposed therein
Jahn does not teach the solar energy receiving surface includes a concave, exterior surface of said canister.
Jahn352 teaches said solar energy receiving surface (B-1) include a concave, exterior surface of said canister.
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to incorporate teachings from Jahn252 into the combination of Jahn and Pekins as applied to Claim 1. Doing so, would result in a solar receiving surface with a concave exterior surface portion. Both inventions of Jahn and Jahn352 are in the same field on endeavor, Jahn352 teaches a method of improving capturing solar energy with a predictable result of success.
Claims 11 and 12 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over the combination of Jahn and Perkins as applied to claim 1 above, and further in view of US Patent 4,332,238 to Garcia.
In Reference to Claim 11
Jahn discloses said shutter (Fig. 3, B) includes: a substantially spherical body defining said aperture therethrough
Jahn does not teach a pair of coaxially aligned shafts extending from opposite sides of said spherical body
Garcia teaches a pair of coaxially aligned shafts (Fig. 1, 40) extending from opposite sides of said spherical reflector body (Fig. 1, 34)
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to incorporate teachings from Garcia into the combination of Jahn and Perkins as applied to Claim 1. Doing so, would result in a pair of coaxial shafts from opposite end of the spherical body are provided. Both inventions of Jahn and Garcia are in the same field of endeavor, Garcia teaches a method of controlling the rotation of the spherical body with a predictable result of success.
In Reference to Claim 12
The combination of Jahn, Perkins and Garcia as applied to Claim 11 teaches the said elevation adjustment system rotates said solar energy concentrator about an axis coaxially aligned with said shaft.
Claims 1, 2, 5, 10 and 13 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Perkins in view of Jahn.
In Reference to Claim 1
Perkins discloses a solar energy system comprising: a support frame (Fig. 1, 24/26/28/30); a thermal energy storage device (Fig. 1, 62) supported by said support frame, a solar energy concentrator (Fig. 1, 10) adjustably coupled to said support frame to direct solar energy to said thermal energy storage device through said aperture; and an elevation adjustment system (Fig. 1, 80/ 54) coupled to adjust an elevational angle of said solar energy concentrator and said orientation of said shutter in a coordinated manner.
Perkins does not teach the detail of the thermal energy storage device.
Jahn teaches said thermal energy storage device (Fig. 3, B) including a solar energy receiving surface operative to convert solar energy incident thereon into thermal energy and to transmit said thermal energy to a thermal storage medium within said thermal device; a shutter (Fig. 3, 30) having a surface complementary to said solar energy receiving surface of said thermal energy storage device, said shutter being movable with respect to said solar energy receiving surface and including an aperture to expose different regions of said solar energy receiving surface to solar energy depending on the relative orientation of said shutter and said thermal energy storage device (Col. 8, Line 5-30);
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to incorporate teachings from Jahn into the design of Perkins. Doing so, would result in the thermal energy storage device design of Jahn being used in the system of Perkins to collect the solar energy from the reflector. Both inventions of Perkins and Kahn are in the same field of endeavor, Jahn teaches a method of collecting solar energy with a predictable result of success.
In Reference to Claim 2, 5, and 10
Perkins discloses an azimuthal adjustment system (Fig. 4, 82 / 42) adapted to adjust the azimuth of said solar energy concentrator,
Perkins does not teach the alignment of the concentrator
Jahn teaches wherein the alignment of said solar energy concentrator and said aperture of said shutter remain fixed as azimuthal adjustments are made to said solar energy concentrator. (Col. 8, Lines 5-30)
said surface of said shutter complementary to said solar energy receiving surface and said solar energy receiving surface have a ball and socket relationship. (Col. 8, Line 5-30)
said shutter (Fig. 3, B) is mechanically coupled to said solar energy concentrator (Fig. 3, S); and said aperture of said shutter remains coaxially aligned with an optical axis of said solar energy concentrator while said solar energy concentrator is moved with respect to said solar energy receiver.
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to incorporate teachings from Jahn into the design of Perkins. Doing so, would result in the thermal energy storage device design of Jahn being used in the system of Perkins to collect the solar energy from the reflector. Both inventions of Perkins and Kahn are in the same field of endeavor, Jahn teaches a method of collecting solar energy with a predictable result of success.
In Reference to Claim 13
Perkins discloses means for maintaining the tilt and vertical position of said thermal energy storage device as elevation adjustments are made to said solar energy concentrator. (As showed in Fig. 4, the system has control of elevation and azimuth based on the sun position sensor)
Claims 1 and 3 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US Patent 4,300,538 to Uroshevich in view of Perkins.
In Reference to Claim 1
Uroshevich discloses A solar energy system comprising; a shutter (32) having a surface complementary to said solar energy receiving surface of said thermal energy storage device, said shutter being movable with respect to said solar energy receiving surface and including an aperture to expose different regions of said solar energy receiving surface to solar energy depending on the relative orientation of said shutter and said thermal energy storage device; a solar energy concentrator (12) adjustably coupled to said support frame to direct solar energy to said thermal energy storage device through said aperture; and an elevation adjustment system coupled to adjust an elevational angle of said solar energy concentrator and said orientation of said shutter in a coordinated manner.
Uroshevich does not teach the detail of the thermal energy receiving system.
Perkins teaches a support frame (Fig. 1, 24, 26, 28, 30) a thermal energy receiving device (Fig. 1, 62) supported by said support frame, a solar energy concentrator (Fig. 1, 10) adjustably coupled to said support frame to direct solar energy to said thermal energy receiving device, an elevation adjustment system (Fig. 1 80 and 54) coupled to adjust an elevational angle of said solar energy concentrator.
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to incorporate teachings from Perkins into the design of Uroshevich. Doing so, would result in the support structure to support the concentrator. Both inventions of Perkins and Uroshevich are in the same field of inventions, Perkins provides a method of providing an operational freedom and resilient to the environmental elements.
In Reference to Claim 3
Uroshevich discloses said aperture (annotated by the examiner) of said shutter is disposed at a focal point of said energy concentrator.
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Allowable Subject Matter
Claim 17 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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DEMING . WAN
Examiner
Art Unit 3762
/DEMING WAN/Primary Examiner, Art Unit 3762 8/21/26
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