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 § 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) 1-3, 7, 8, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen (Thermionic emission via a nanofluid for direct electrification from low-grade heat energy) in view of Wong (US 2018/0138387 A1).
Regarding claims 1 and 3, Nguyen discloses a power generation function-equipped secondary battery (See Fig. 1 and Fig. 2c) using a thermoelectric element, the power generation function-equipped secondary battery comprising:
the thermoelectric element, the thermoelectric element being in contact with a heat medium (substrates shown in Fig. 2c Abstract--we show that infilling a
nanofluid inside the inter-electrode gap raises thermionic emission rate enormously, such that considerable currents can be generated even at room temperature) that has a temperature equal to or higher than a temperature of outside air and not requiring a temperature difference between electrodes; and
wherein the thermoelectric element includes a pair of electrodes having work functions different from each other (see Fig. 1, WFc versus WFa).
However, Nguyen does not disclose a secondary battery electrically connected to the thermoelectric element.
Wong discloses a thermoelectric device connected to a secondary battery to store electricity generated by thermoelectric device on a circuit board ([0037], see Fig. 3B) which is used to power a watch (402 Fig. 4B [0061][0062]).
It would have been obvious to one of ordinary skill in the art at the time of the filing to modify the thermoelectric device of Nguyen to connect the thermoelectric device to a secondary battery mounted on a circuit board and power devices as disclosed by Wong because it will allow for energy to be stored and for electrical loads.
Regarding claim 2, modified Nguyen discloses all of the claim limitations as set forth above.
In addition, modified Nguyen discloses that the thermoelectric element includes an intermediate portion (CYTOP spacers and nanofluid, see Fig. 2c), provided between the pair of electrodes and including a non-conductor layer (CYTOP spacers and tetradecane) containing fine particles, and the non-conductor layer supports the pair of electrodes (See Fig. 2c).
Regarding claims 7 and 8, modified Nguyen discloses all of the claim limitations as set forth above.
In addition Wong discloses that the hat medium includes a circuit board, and
the thermoelectric element (modification of Nguyen above) is in contact with the circuit board (see Fig. 3B on Wong [0037]-[0038]) and wherein the thermoelectric element and the secondary battery are provided on an identical main surface of the circuit board.
Regarding claim 10, modified Nguyen discloses all of the claim limitations as set forth above.
In addition, Wong discloses the heat medium includes a drive portion (402) supplied with electric power from the secondary battery, and the thermoelectric element is in contact with the drive portion ([0062]).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen (Thermionic emission via a nanofluid for direct electrification from low-grade heat energy) in view of in view of Wong (US 2018/0138387 A1) as applied to claims 1-3, 7, 8, and 10 above and in further view of Nakamura (JP WO 2009063805 A1, Machine Translation).
Regarding claim 9, modified Nguyen discloses all of the claim limitations as set forth above.
Nakmura discloses that a secondary battery (2) with housing portions (portions surrounding battery 2 can be stacked on a thermoelectric device (1) (Abstract, see Fig. 1).
It would have been obvious to one of ordinary skill in the at the time of filing to modify the position of the secondary battery (including housing portion of battery) of Nguyen so that it is stacked over the thermoelectric element as disclosed by Nakamura because Nakamura discloses that such an arrangement is known in the art between a thermoelectric module and a battery.
Modified Nguyen will thus have the thermoelectric element be in between the circuit board (modification with Wong) and the housing portion of battery.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen (Thermionic emission via a nanofluid for direct electrification from low-grade heat energy) in view of Shibano (JP2004127744 A, Machine Translation).
Regarding claims 1 and 3, Nguyen discloses a power generation function-equipped secondary battery (See Fig. 1 and Fig. 2c) using a thermoelectric element, the power generation function-equipped secondary battery comprising:
the thermoelectric element, the thermoelectric element being in contact with a heat medium (substrates shown in Fig. 2c Abstract--we show that infilling a
nanofluid inside the inter-electrode gap raises thermionic emission rate enormously, such that considerable currents can be generated even at room temperature) that has a temperature equal to or higher than a temperature of outside air and not requiring a temperature difference between electrodes; and
wherein the thermoelectric element includes a pair of electrodes having work functions different from each other (see Fig. 1, WFc versus WFa).
However, Nguyen does not disclose a secondary battery electrically connected to the thermoelectric element.
Shibano discloses a thermoelectric device connected to a secondary battery to store electricity generated by thermoelectric device and also electrical energy is harnessed from heat generated by storage battery (Abstract).
It would have been obvious to one of ordinary skill in the art at the time of the filing to modify the thermoelectric device of Nguyen to connect the thermoelectric device to a secondary battery as disclosed by Shibano because it will allow for energy to be stored.
Regarding claim 2, modified Nguyen discloses all of the claim limitations as set forth above.
In addition, Nguyen discloses that the thermoelectric element includes an intermediate portion (CYTOP spacers and nanofluid, see Fig. 2c), provided between the pair of electrodes and including a non-conductor layer (CYTOP spacers and tetradecane) containing fine particles, and the non-conductor layer supports the pair of electrodes (See Fig. 2c).
Regarding claim 4, modified Nguyen discloses all of the claim limitations as set forth above.
In addition, Shibano discloses the heat medium includes a housing portion (109) of the secondary battery, the thermoelectric element is provided in contact with the housing portion (109) ([0016]).
Regarding claim 5, modified Nguyen discloses all of the claim limitations as set forth above.
In addition, Shibano discloses the heat medium includes a heat storage portion (117) that stores thermal energy, and the thermoelectric element (111) is provided in contact between the housing portion (109) and the heat storage portion (117) ([0016]).
Regarding claim 6, modified Nguyen discloses all of the claim limitations as set forth above.
In addition, Nguyen discloses that the heat medium includes a container(117) internally provided with the thermoelectric element (111) and the secondary battery (107), and the thermoelectric element (111) is in contact with an inner wall of the container (117) ([0014]-[0018]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVINA PILLAY whose telephone number is (571)270-1180. The examiner can normally be reached Monday-Friday 9:30-6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T Barton can be reached at 517-272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
DEVINA PILLAY
Primary Examiner
Art Unit 1726
/DEVINA PILLAY/ Primary Examiner, Art Unit 1726