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 .
Election/Restrictions
Applicant’s election without traverse of Group I and Species A in the reply filed on 2026 March 09 is acknowledged.
In view of the perceived allowability of generic claim 1, the species election requirement has been withdrawn.
Claim 10 appears to recite the same special technical features as claim 1. In view of the perceived allowability of claim 1, the restriction requirement between Group I, Group II, and Group IV has been withdrawn and claims 10-13 and 18 have been rejoined.
Claim 14 appears to recite the same special technical features as claim 1. In view of the perceived allowability of claim 1, the restriction requirement between Group I and Group III has been withdrawn and claims 14-17 have been rejoined.
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 1-9 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 1.
The limitation “a concentric multi-layer shell, each shell made from…” renders the claim indefinite. The claim is unclear because it appears to recite a single shell having multiple layers but then recites “each shell”. In view of Applicant’s disclosure, the examiner is interpreting this limitation as defining plural concentric multi-layer shells and the claims will be examined as such.
Regarding claim 5.
The limitation “the concentric multi-layer shell . . . is made from materials that is optimized to sustain pressure operation inside the TES unit” which renders the claim indefinite. This limitation does not clearly set forth a group of materials that would be encompassed by the claim and Applicant’s disclosure fails to provide additional information to clarify this limitation. Therefore, one of ordinary skill cannot be reasonably certain of the metes and bounds of the claimed structure.
Regarding claim 7.
The limitation “the concentric multi-layer shell . . . has a minimum thickness of design to control heat from diffusing into adjacent chambers” which renders the claim indefinite. This limitation does not set forth a definite range of thicknesses which are encompassed by the claim and Applicant’s disclosure fails to provide additional information to clarify this limitation. Therefore, one of ordinary skill cannot be reasonably certain of the metes and bounds of the claimed structure.
Regarding claim 8.
The limitation “the size of each chamber is calculated to have space to house sufficient thermal storage materials that…” which renders the claim indefinite. This limitation does not set forth a definite range of dimension(s) which are encompassed by the claim and Applicant’s disclosure fails to provide additional information to clarify this limitation. Therefore, one of ordinary skill cannot be reasonably certain of the metes and bounds of the claimed structure.
Claims 2-4, 6, and 9 are rejected for depending upon a previously rejected claim.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) based on the examiner’s interpretation of the claims sets forth in this Office action.
Dependent claims 2-4, 6, and 9 would also be allowable.
Dependent claims 5 and 7-8 do not appear to contain subject matter which would be allowable.
Claims 10-18 are allowed.
The following is an examiner’s statement of reasons for allowance:
The prior art does not anticipate nor render obvious the combination set forth in the independent claims. The closest prior art of record (US 2011/0127004 A1) discloses a multi-layered thermal storage structure, but not the specific combination of claimed features including concentric thermal storage chambers separated by layers of insulation. There is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one having ordinary skill in the art to modify the teachings of the prior art to incorporate every feature of the claimed invention in any manner consistent with Applicant’s specification. Thus, for at least the foregoing reasons, the prior art of record neither anticipates nor renders obvious the present invention as set forth in the independent claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each reference provides a heat storage structure similar to Applicant’s invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jon T. Schermerhorn Jr. whose telephone number is (571)270-5283. The examiner can normally be reached M-F 9am to 5pm.
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, 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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/JON T. SCHERMERHORN JR./Primary Examiner, Art Unit 3763
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