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 .
Response to Amendment
Regarding objections to the drawings:
The drawings were objected to due to a reference character not mentioned in the specification. The Applicant amended the specification with respect to the drawings to correct the informality, therefore the objection was withdrawn.
Regarding rejections of the claims under §103:
Claims 1-9 and 11-15 were rejected as being obvious over Landa in view of Cheatham. Claim 10 was rejected as being obvious over Landa in view of Cheatham and Bickerton. The Applicant amended claims 1, 13, and 15, and added new claims 16-20.
Response to Arguments
Applicant's arguments filed 3/6/2026 have been fully considered but they are not persuasive. The Applicant argued that the device of Landa could not be modified by the teachings of Cheatham as Cheatham does not teach an analogous electric field generator and would fundamentally alter the principle of operation of the device of Landa. The Examiner respectfully disagrees. Landa teaches a thermal energy converter utilizing charge transfer via a gas medium. Cheatham teaches applying an electric field between an anode and a cathode to influence the movement of electrons. Applying the teachings of Cheatham to the device of Landa would not fundamentally alter the principle of operation of the device of Landa since applying an external electric field would provide a change in the transport of charge due to moving charged particles in the gaseous medium and is previously contemplated in the experimentation (Paragraph [0214]). Therefore, Landa in view of Cheatham does teach the claim limitations and the claims remain rejected over the prior art of record.
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.
Claims 1-9, 11-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2011/0148248 to Landa (cited by Applicant on 5/13/2024) in view of European Patent No. 2 801 102 to Cheatham et al. (hereinafter Cheatham; provided by Applicant on 5/13/2024).
Regarding claim 1, Landa teaches a device (FIG. 1B, 10) for cooling by transformation of thermal energy directly into electrical energy (Paragraph [0013]; [0096]), the device comprising:
a fluid (FIG. 1B, 16) having particles (FIG. 1B, 18) to accept and emit electrons;
a container (FIG. 1B, 36), wherein the fluid is accommodated in the container;
a cathode (FIG. 1B, 12) configured to emit electrons, wherein the particles of the fluid accept electrons emitted by the cathode (Paragraph [0096]);
an anode (FIG. 1B, 14) to accept electrons, wherein the particles of the fluid emit electrons accepted by the anode (Paragraph [0096]); and
a heat transfer unit (FIG. 1B, 20) to exchange heat with the fluid so that the particles of the fluid are accelerated (Paragraph [0110]).
Landa does not teach an electric field generator configured to generate an electric field so that negatively charged particles of the fluid are driven in a direction towards the cathode, while positively charged particles are driven towards the anode.
However, Cheatham teaches a thermionic power conversion device with an electric field generator (FIG. 1, 106) configured to generate an electric field so that negatively charged particles of the fluid are driven in a direction towards the cathode, while positively charged particles are driven towards the anode (Paragraph [0007]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Landa with the electric field generator of Cheatham to increase the efficiency of the thermal energy conversion (Paragraph [0065]).
Regarding claim 2, Landa in view of Cheatham teaches the device of claim 1, wherein Landa further teaches the fluid being a gas (Paragraph [0096]).
Regarding claim 3, Landa in view of Cheatham teaches the device of claim 1, wherein Landa further teaches the fluid being configured to be positively or negatively ionized (FIG. 1B, 18; Paragraph [0105]).
Regarding claim 4, Landa in view of Cheatham teaches the device of claim 1, wherein Cheatham further teaches the cathode being configured to emit electrons by thermionic emission (Paragraph [0007]).
Regarding claim 5, Landa in view of Cheatham teaches the device of claim 1, wherein Landa further teaches the cathode being charged with electrons so that the electrons will be emitted by the cathode and will be accepted by particles of the fluid upon contact of particles at the cathode (FIG. 1B, current leaves 12; Paragraph [0106]).
Regarding claim 6, Landa in view of Cheatham teaches the device of claim 1, wherein Landa further teaches the cathode being made of a material having a valence band having higher energy than a lower free band of particles of the fluid, creating a lower work function on the cathode than on the particles, and/or wherein the anode is made of a material having a valence band having lower energy than a higher free band of particles of the fluid, creating a higher work function on the anode than on the particles (Table 4; Paragraph [0133]-[0140]; [0280]).
Regarding claim 7, Landa in view of Cheatham teaches the device of claim 6, wherein Landa further teaches the work function being created based on a Faraday effect transporting electrons to a surface of the cathode as well as away from a surface of the anode (Paragraph [0104]; [0133]).
Regarding claim 8, Landa in view of Cheatham teaches the device of claim 1, wherein Landa further teaches the anode, the cathode, and the fluid being made of materials which interact chemically (Paragraph [0098]-[0103]).
Regarding claim 9, Landa in view of Cheatham teaches the device of claim 1, wherein Cheatham further teaches the electric field generator comprising a grid within the container (Paragraph [0072]).
Regarding claim 11, Landa in view of Cheatham teaches the device of claim 1, wherein Cheatham further teaches the electric field generator being integrated in at least one of the anode and the cathode (Paragraph [0072]).
Regarding claim 12, Landa in view of Cheatham teaches the device of claim 1, wherein Cheatham further teaches the electric field generator being arranged at at least one of the anode and the cathode (Paragraph [0007]).
Regarding claim 13, Landa teaches a method of transforming thermal energy into electrical energy (Paragraph [0096]), the method comprising:
transferring thermal energy (FIG. 1B, 22) to a fluid (FIG. 1B, 16) in a container (FIG. 1B, 10), wherein the thermal energy increases kinetic energy of particles (FIG. 1B, 18) of the fluid (Paragraph [0096]);
emitting electrons (Paragraph [0096]) from a cathode (FIG. 1B, 12), wherein the electrons are accepted by particles of the fluid so that the particles are negatively charged (Paragraph [0096]); and
emitting the electrons from the particles (Paragraph [0096]) to an anode (FIG. 1B, 14).
Landa does not teach establishing an electric field between the cathode and the anode, wherein the electric field urges the negatively charged particles in a direction towards the cathode; and transporting the electrons against the electric field by diffusion, so that the kinetic energy of the particles is transformed in potential energy in form of electric charge.
However, Cheatham teaches establishing an electric field (FIG. 1, 106; Paragraph [0007]) between a cathode and an anode, wherein the electric field urges the negatively charged particles in a direction towards the cathode (Paragraph [0007]); and transporting the electrons against the electric field by diffusion, so that the kinetic energy of the particles is transformed in potential energy in form of electric charge (Paragraph [0007]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Landa with the electric field of Cheatham to increase the efficiency of the thermal energy conversion (Paragraph [0065]).
Regarding claim 14, Landa in view of Cheatham teaches the method of claim 13, comprising:
emitting electrons from particles to an anode so that the particles are positively charged (Landa Paragraph [0106]);
establishing an electric field (Cheatham FIG. 1, 106) between the cathode and an anode, wherein the electric field urges the positively charged particles in a direction towards the anode (Cheatham Paragraph [0007]);
transporting electrons by particles against the electric field so that the kinetic energy of the particles is transformed in potential energy in form of electric charge (Cheatham Paragraph [0007]); and
accepting electrons from the cathode (Landa Paragraph [0106]).
Regarding claim 15, Landa teaches a method of transforming thermal energy into electrical energy (Paragraph [0096]), the method comprising:
transferring thermal energy (FIG. 1B, 22) to a fluid (FIG. 1B, 16) in a container (FIG. 1B, 10), wherein the thermal energy increases kinetic energy of particles (FIG. 1B, 18) of the fluid (Paragraph [0096]);
emitting electrons from particles to an anode (FIG. 1B, 14) so that the particles are positively charged (Paragraph [0106]);
and accepting electrons (Paragraph [0106] from a cathode (FIG. 1B, 12).
Landa does not teach establishing an electric field between the cathode and the anode, wherein the electric field urges the positively charged particles in a direction towards the anode; and transporting the electrons against the electric field by diffusion, so that the kinetic energy of the particles is transformed in potential energy in form of electric charge.
However, Cheatham teaches establishing an electric field (FIG. 1, 106; Paragraph [0007]) between a cathode and an anode, wherein the electric field urges the positively charged particles in a direction towards the cathode (Paragraph [0007]); and transporting the electrons against the electric field by diffusion, so that the kinetic energy of the particles is transformed in potential energy in form of electric charge (Paragraph [0007]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Landa with the electric field of Cheatham to increase the efficiency of the thermal energy conversion (Paragraph [0065]).
Regarding claim 16, Landa in view of Cheatham teaches the device of claim 1, wherein Landa further teaches the particles transporting electrons against the electric field by diffusion (Paragraph [0112]; at least a portion of the particle transportation against the electric field is due to diffusion).
Regarding claim 17, Landa in view of Cheatham teaches the device of claim 1, wherein Landa further teaches the heat transfer unit being configured to extract heat from a space for cooling the space (Paragraph [0009]).
Regarding claim 20, Landa in view of Cheatham teaches the method of claim 13, wherein the thermal energy is transferred from a space for cooling the space (Paragraph [0009]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Landa in view of Cheatham and in further view of “Improving the Efficiency of a Thermionic Energy Converter Using Dual Electric Fields and Electron Beaming” to Bickerton and Fox (hereinafter Bickerton).
Regarding claim 10, Landa in view of Cheatham teaches the device of claim 1.
Landa in view of Cheatham does not teach the electric field generator comprising a ring around the container.
However, Bickerton teaches a thermionic conversion device with an electric field generator in the shape of a ring around a container (Page 2 Column 1 Paragraph 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Landa in view of Cheatham with the ring shaped electric field generator of Bickerton to generate a more even electric field in a cylindrical container.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Landa in view of Cheatham and in further view of WIPO Publication No. 2013/0151903 to Barnhart et al. (hereinafter Barnhart).
Regarding claim 18, Landa in view of Cheatham teaches the device of claim 17.
Landa in view of Cheatham does not teach the space being a passenger cabin of an aircraft.
However, Barnhart teaches a thermoelectric device (Paragraph [0006]) used to cool a passenger cabin of an aircraft (Paragraph [0241]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Landa in view of Cheatham by implementing it into the thermoelectric device of Barnhart for the device of Barnhart to benefit from the features of the device of Landa in view of Cheatham.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Landa in view of Cheatham and in further view of Japanese Patent No. 2007-234913 to Nakamura.
Regarding claim 19, Landa in view of Cheatham teaches the device of claim 1.
Landa in view of Cheatham does not teach the heat transfer unit being configured to extract heat from an electronic component for cooling the electronic component.
However, Nakamura teaches a thermoelectric conversion element (FIG. 1, 4) configured to extract heat from an electronic component (FIG. 1, 1) for cooling the electronic component (Paragraph [0029]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Landa in view of Cheatham by implementing it into the device of Nakamura for the device of Nakamura to benefit from the features of the device of Landa in view of Cheatham and for the device of Landa in view of Cheatham to benefit from the heat produced by the device of Nakamura.
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 JOSHUA KIEL MIGUEL RODRIGUEZ whose telephone number is (571)272-9881. The examiner can normally be reached Monday - Friday 9:30am - 7:00pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tulsidas Patel can be reached at (571) 272-2098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA KIEL M RODRIGUEZ/Examiner, Art Unit 2834
/TULSIDAS C PATEL/Supervisory Patent Examiner, Art Unit 2834
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