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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-20 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.
Claims 1 and 17 recites the limitation "the second inlet" in the last two lines of each claim. There is insufficient antecedent basis for this limitation in the claim. Claims 2-16 are rejected for their dependency from claim 1 and claims 18-20 are rejected for their dependency from claim 17.
Claim 8 recites the limitation "the heat sources" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation a three way valve "the inlet of which" in line 3 and "the inlet of the first consumer" in line 4. There is insufficient antecedent basis for these limitations in the claim.
Claim 16 recites the limitation "the heat sources" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 7, 9-10, 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Forner (EP 3913301 A1).
Regarding claim 1, Forner discloses (Figure 3-5) A thermal supply network for a process plant, the supply network comprising: a fluid connection (at heat transfer fluid circuit 3 and /or 13) for supplying consumers arranged therein with heat and/or cold (via heat source 1 or heat sink at 11) via a heat transfer fluid in the fluid connection, in which at least two consumers are connected fluidically in series (while multiple embodiments are shown the consumers in rooms 4a-4d are in series with rooms 4e-4h in figure 3, rooms 4d and 4g are in series in figure 4 and consumers in rooms 4c and 4f are in series in figure 5) , wherein the first consumer is fluidically connected at least temporarily, by its first outlet for the heat transfer fluid, to a second consumer via the second inlet thereof (as seen by the flow paths in figures 3-5 and per page 7, in the first through fifth paragraphs, of the attached machine translation).
Regarding claim 2, Forner discloses the claim limitations of claim 1 and Forner further discloses to supply heat, at least one thermal source having the highest temperature of the heat transfer fluid is connected to the first inlet of the first consumer (a heat source 1 is attached to the at heat transfer fluid circuit 3 and /or 13) .
Regarding claim 3, Forner discloses the claim limitations of claim 1 and Forner further discloses to supply cold cooling, at least one thermal source having the lowest temperature of the heat transfer fluid is connected to the first inlet of the first consumer (a heat sink 11 is attached to the at heat transfer fluid circuit 3 and /or 13).
Regarding claim 4, Forner discloses the claim limitations of claim 1 and Forner further discloses downstream of the first consumer (if the consumer in room 4A is the first consumer) in respect of the heat transfer fluid, a plurality of second consumers is connected fluidically in series and/or in parallel (a plurality of consumers in rooms 4e-4h are connected in parallel with each other as seen in figure 3).
Regarding claim 7, Forner discloses the claim limitations of claim 1 and Forner further discloses a bypass line (at 14 in figure 3) for bypassing the first (the consumer at one of 4a-4d)and/or the at least one second consumer ( the consumer at one of 4e-4h) is arranged in the fluid connection.
Regarding claim 9, Forner discloses the claim limitations of claim 1 and Forner further discloses a plurality of heat sources and/or cold sources is arranged fluidically in series and/or in parallel in respect of the heat transfer fluid ( a heat source 1 and heat sink 11 are present in at least figure 3).
Regarding claim 10, Forner discloses the claim limitations of claim 1 and Forner further discloses at least one heat source (at 1) is arranged fluidically in parallel with the at least one second consumer (where in figure 5 the heat sources 1 has a parallel connection to the second consumer at room 4f).
Regarding claim 15, Forner discloses the claim limitations of claim 1 and Forner further discloses at least one heat pump and/or one cold generator are/is arranged in the fluid connection (the individual rooms can have heat pumps 7).
Regarding claim 16, Forner discloses the claim limitations of claim 1 and Forner further discloses at least one of the heat sources is a waste heat source (each of the individual heat pumps in a room can be a source of waste heat per the sixth paragraph of page 6 of the provided machine translation).
Regarding claim 17, Forner discloses (Figure 3-5) a method for operating a thermal supply network for a process plant as defined in claim 1, the method comprising: supplying, with a fluid connection (at heat transfer fluid circuit 3 and /or 13), consumers arranged therein with heating and/or cooling via a heat transfer fluid in the fluid connection (via heat source 1 or heat sink at 11 which supply fluid to the consumers), in which the heat transfer fluid flows fluidically in series through at least two consumers (while multiple embodiments are shown the consumers in rooms 4a-4d are in series with rooms 4e-4h in figure 3, rooms 4d and 4g are in series in figure 4 and consumers in rooms 4c and 4f are in series in figure 5), wherein the first consumer is brought into fluidic connection at least temporarily via the heat transfer fluid, by of its first outlet for the heat transfer fluid, to the second consumer via the second inlet thereof (as seen by the flow paths in figures 3-5 and per page 7, in the first through fifth paragraphs, of the attached machine translation).
Regarding claim 18, Forner discloses the claim limitations of claim 17 and Forner further discloses the heat transfer fluid with the highest temperature level is fed to the first consumer (a heat source 1 is attached to the at heat transfer fluid circuit 3 and /or 13).
Regarding claim 19, Forner discloses the claim limitations of claim 17 and Forner further discloses the heat transfer fluid with the lowest temperature level is fed to the first consumer (a heat sink 11 is attached to the at heat transfer fluid circuit 3 and /or 13).
Regarding claim 20, Forner discloses the claim limitations of claim 17 and Forner further discloses at least one of the consumers and/or at least one of the heat sources is selectively opened or shut off for the heat transfer fluid (fluid flows through the circuit so when the system is in operation the system is opened for fluid flow through the system).
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.
Claim(s) 5, 6 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Forner (EP 3913301 A1) in view of Thybo et al. (EP 3168541 A1).
Regarding claim 5 and 6, Forner discloses the claim limitations of claim 1, however Forner does not explicitly disclose at least one temperature sensor is arranged in a section of the fluid connection between the first outlet of the first consumer and the second consumer and a pressure sensor is arranged in a section of the fluid connection between the first outlet of the first consumer and the second consumer. As Forner is silent as to any specific pressure or temperature sensors.
Thybo teaches a flow network for heat load balancing with multiple consumers (3) where data on the individual heating flow is collected from flow at an inlet and/or outlet of a consumer from temperature sensors (8) and pressure sensors (per paragraph 0041) .
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified the consumers of Forner to include temperatures and pressure sensors at their inflow and outflow areas as taught by Thybo. Doing so would allow for each consumer at a substation to receive an appropriate amount of fluid flow for each consumer as recognized by Thybo (per paragraph 0013-0015).
Regarding claim 8, Forner discloses the claim limitations of claim 1, however Forner does not explicitly disclose at least one control valve, which selectively opens or shuts off at least one of the consumers and/or at least one of the heat sources for the heat transfer fluid, is arranged in the fluid connection.
Thybo teaches a flow network for heat load balancing with multiple consumers (3) where a control valve (4) selectively opens or shuts off at least one of the consumers, is arranged in the fluid connection (control valve 4 controls the flow to each consumer per par graph 0043).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified the consumers of Forner to include control valves as taught by Thybo. Doing so would allow for each consumer at a substation to receive an appropriate amount of fluid flow for each consumer as recognized by Thybo (per paragraph 0013-0015).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Forner (EP 3913301 A1).
Regarding claim 11, to the extent that claim 11 is understood in light of the Section 112 rejection set forth herein Forner discloses the claim limitations of claim 1, however Forner does not explicitly disclose at least one heat source has, at its respective outlet, a three-way valve, the inlet of which is connected to at least one further heat source and the outlet of which is connected to the inlet of the first consumer.
Forner does not specify a three way valve to select between two fluid sources in a fluid supply system. Using a three way valve to select between two possible sources in a fluid supply system is notoriously well known in the art. The Examiner hereby takes Official Notice of the notoriously well-known nature of a three way valve with inlets connected to two fluid supply sources and an outlet connected to a fluid consumer, and it would have been obvious for one of ordinary skill in the art at the time the instant invention was made to employ a three way valve to control for fluid flow between two possible fluid supply sources.
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Forner (EP 3913301 A1) in view of Brockmann et al. (EP 3076111 A1).
Regarding claim 12, Forner discloses the claim limitations of claim 1, and Forner discloses the first consumer and the at least one second consumer are fluidically connected, by means of a respective inlet and a respective outlet (as seen in figure 3-5), however Forner does not explicitly disclose at least one hydraulic separator, wherein the at least one hydraulic separator has at least two temperature zones with different temperature levels.
Brockmann teaches (Figure 1 and 4-7) a supply network with multiple consumers (in secondary circuits 62) each with inlets and outlets connected on a consumer fluid circuit with an outlet and inlet (at 54 and 56) connected to at least one hydraulic separator (hydraulic separator 26), wherein the at least one hydraulic separator has at least two temperature zones with different temperature levels (per the last paragraph of page 3 of the machine translation provided by the examiner the hydraulic separator has different layers at different temperature levels)
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified the fluid supply network of Forner to include the hydraulic separator of Brockmann between the sources and the consumers. Doing so would provide a structure capable of decoupling the consumer circuit from the heat source/ sink circuit that could decrease the amount of time that a heat source or heat sink such as a heat pump is on as recognized by Brockmann (Per paragraph 5 of page 2 of the machine translation provided by the examiner).
Regarding claim 13, Forner as modified discloses the claim limitations of claim 12 above, and Brockmann discloses is a fluidic connection from the at least one hydraulic separator (26) to the consumers and to the heat sources (26 is between the consumer circuit 14 and the generator circuit 12).
Regarding claim 14, Forner as modified discloses the claim limitations of claim 12 above, and Brockmann discloses an inlet and an outlet (at 54 and 56) for heat transfer fluid of the at least one hydraulic separator (26) are connected by an overflow line (as the overflow line is not further defined it can be the line 44), in particular an inlet to a region of the separator with a higher temperature of the heat transfer fluid being connected to an outlet from a region of the separator with a lower temperature of the heat transfer fluid (the thermal layers are connected with the separator 26 through stratification).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nakao et al. (US 20150345803 A1), Schwarz (US 20040144126 A1), Schwarz (US 5788149 A) and Seebacher (DE 102019119884 A1) disclose relevant heat transfer systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANS R. WEILAND whose telephone number is (571)272-9847. The examiner can normally be reached Monday-Thursday 6-3 EST and alternating Fridays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HANS R WEILAND/Examiner, Art Unit 3763
/ERIC S RUPPERT/Primary Examiner, Art Unit 3763