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 .
DETAILED ACTION
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 9 of U.S. Patent No. 12050008 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are more broadly recited.
Instant claim 1
US 12050008 B2 claim 1
A system comprising:
A system comprising:
a first fluid conveyance element defining a first port, a second port, and a long axis extending from the first port to the second port, the first fluid conveyance element configured to convey a first fluid,
an input plumbing defining an inlet, an outlet, and a long axis extending from the inlet to the outlet, the input plumbing configured to convey an input fluid comprising a fuel and an oxidant, the input plumbing comprising:
the first fluid conveyance element comprising a fluid conveyance structure (FCS), the FCS extending between the first port and the second port and defining an FCS interior configured to convey the first fluid between the first and second ports along an FCS path
a plurality of fluid conveyance structures (FCSs), each FCS of the plurality extending between the inlet and the outlet, each FCS of the plurality defining a respective FCS interior configured to convey the input fluid from the inlet to the outlet along a respective FCS path, wherein the plurality of FCSs comprises a first FCS defining a first FCS interior and a first FCS path, wherein the first FCS interior defines a first cross-sectional area for fluid flow, the first cross-sectional area defined on a first plane normal to the first FCS path, the first plane arranged between the inlet and the outlet; and
a flow restrictor fluidly coupled to the first FCS interior, the flow restrictor defining a second cross-sectional area for fluid flow, the second cross-sectional area defined on a second plane normal to the first FCS path, wherein the first cross-sectional area is greater than the second cross-sectional area and the second cross-sectional area is greater than zero, wherein the second plane is arranged between the first plane and the outlet;
a heat reception element arranged along the long axis, wherein the second port is arranged between the first port and the heat reception element, the burner system defining a combustion region between the second port and the heat reception element, the combustion region fluidly coupled to the FCS interior via the second port;
a heat reception element arranged along the long axis, wherein the outlet is arranged between the inlet and the heat reception element, the burner system defining a combustion region between the outlet and the heat reception element, the combustion region fluidly coupled to the first FCS interior via the flow restrictor;
a second fluid conveyance element defining a second element interior fluidly coupled to the combustion region, the second element interior defining a second path, the second fluid conveyance element configured to convey a second fluid along the second path, the second fluid conveyance element thermally coupled to the FCS
an exhaust section defining an exhaust interior fluidly coupled to the combustion region, the exhaust interior defining an exhaust flow path, the exhaust section thermally coupled to each FCS of the plurality of FCSs;
a first plurality of protrusive structures that protrude outward from the first fluid conveyance element into the second element interior, wherein the first plurality of protrusive structures are configured to thermally couple the first fluid conveyance element to the second fluid
a first plurality of protrusive structures that protrude outward from the input plumbing into the exhaust interior, wherein the first plurality of protrusive structures are configured to thermally couple the input plumbing to the exhaust; and
a second plurality of protrusive structures that protrude inward from first fluid conveyance element into the FCS interior, wherein the second plurality of protrusive structures are configured to thermally couple the first fluid to the first fluid conveyance element, such that the first and second pluralities of protrusive structures cooperatively thermally couple the first fluid to the second fluid
a second plurality of protrusive structures that protrude inward from the input plumbing into the first FCS interior, wherein the second plurality of protrusive structures are configured to thermally couple the input fluid to the input plumbing, such that the first and second pluralities of protrusive structures cooperatively thermally couple the input fluid to the exhaust.
Instant claim 4
US 12050008 B2 claim 9
A system comprising:
A system comprising:
a first fluid conveyance element defining a first port, a second port, and a long axis extending from the first port to the second port, the first fluid conveyance element configured to convey a first fluid,
an input plumbing defining an inlet, an outlet, and a long axis extending from the inlet to the outlet, the input plumbing configured to convey an input fluid comprising a fuel and an oxidant, the input plumbing comprising:
the first fluid conveyance element comprising a fluid conveyance structure (FCS), the FCS extending between the first port and the second port and defining an FCS interior configured to convey the first fluid between the first and second ports along an FCS path
a plurality of fluid conveyance structures (FCSs), each FCS of the plurality extending between the inlet and the outlet, each FCS of the plurality defining a respective FCS interior configured to convey the input fluid from the inlet to the outlet along a respective FCS path, wherein the plurality of FCSs comprises:
the first fluid conveyance element further comprises a plurality of FCSs, the plurality comprising the FCS;
each FCS of the plurality extends from the first port to the second port; and
each FCS of the plurality defines a respective FCS interior configured to convey the first fluid between the first and second ports along a respective FCS path.
a first FCS defining a first FCS interior and a first FCS path, wherein the first FCS interior defines a first cross-sectional area for fluid flow, the first cross-sectional area defined on a first plane normal to the first FCS path, the first plane arranged between the inlet and the outlet; and
a second FCS;
a flow restrictor fluidly coupled to the first FCS interior, the flow restrictor defining a second cross-sectional area for fluid flow, the second cross-sectional area defined on a second plane normal to the first FCS path, wherein the first cross-sectional area is greater than the second cross-sectional area and the second cross-sectional area is greater than zero, wherein the second plane is arranged between the first plane and the outlet;
a heat reception element arranged along the long axis, wherein the second port is arranged between the first port and the heat reception element, the burner system defining a combustion region between the second port and the heat reception element, the combustion region fluidly coupled to the FCS interior via the second port;
a heat reception element arranged along the long axis, wherein the outlet is arranged between the inlet and the heat reception element, the burner system defining a combustion region between the outlet and the heat reception element, the combustion region fluidly coupled to the first FCS interior via the flow restrictor;
a second fluid conveyance element defining a second element interior fluidly coupled to the combustion region, the second element interior defining a second path, the second fluid conveyance element configured to convey a second fluid along the second path, the second fluid conveyance element thermally coupled to the FCS
an exhaust section defining an exhaust interior fluidly coupled to the combustion region, the exhaust interior defining an exhaust flow path, the exhaust section thermally coupled to each FCS of the plurality of FCSs; and
for each FCS of the plurality:
a first plurality of protrusive structures that protrude outward from the first fluid conveyance element into the second element interior,
a respective plurality of protrusive structures that protrude outward from the FCS into the exhaust interior;
wherein:
wherein the first plurality of protrusive structures are configured to thermally couple the first fluid conveyance element to the second fluid
the respective plurality of protrusive structures is configured to thermally couple the FCS to the exhaust;
a first protrusive structure that protrudes outward from the FCS; and
the respective plurality of protrusive structures for the first FCS comprises a first protrusive structure; and
a second protrusive structure that protrudes outward from a second FCS of the plurality of FCSs, second protrusive structure mechanically connected to the first protrusive structure
the respective plurality of protrusive structures for the second FCS comprises a second protrusive structure mechanically connected to the first protrusive structure
a second plurality of protrusive structures that protrude inward from first fluid conveyance element into the FCS interior, wherein the second plurality of protrusive structures are configured to thermally couple the first fluid to the first fluid conveyance element, such that the first and second pluralities of protrusive structures cooperatively thermally couple the first fluid to the second fluid
a second plurality of protrusive structures that protrude inward from the input plumbing into the first FCS interior, wherein the second plurality of protrusive structures are configured to thermally couple the input fluid to the input plumbing
Claim Rejections - 35 USC § 102
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.
Claims 11, 14, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schmitt (US 20200144039 A1), hereinafter Schmitt.
Regarding claim 11, Schmitt discloses a system comprising:
a thermionic energy converter (TEC) (“A system 10 for thermionic energy generation” paragraph [0018]) comprising:
a heat reception element (At or around 110);
a surface adjacent to and mechanically connected to the heat reception element (The inner surface of 130); and
an electron emitter thermally coupled to the heat reception element (“The emitter module preferably includes one or more electron emitters 110” paragraph [0024]);
a first fluid conveyance element defining a first port (Inlet of 12), a second port (Outlet of 12), and a long axis extending from the first port to the second port (12), wherein:
the first fluid conveyance element is configured to convey a first fluid (“input gasses used by the burner (e.g., air or oxygen, fuel, etc.)” paragraph [0088]);
the first fluid conveyance element comprises a fluid conveyance structure (FCS), the FCS extending between the first port and the second port and defining an FCS interior configured to convey the first fluid between the first and second ports along an FCS path (Figure 2B); and
the burner system defines a combustion region between the second port and the heat reception element (“The electron emitter is preferably thermally coupled to the inner shell, more preferably to the flame-reception region of the inner shell” paragraph [0028]); and
a second fluid conveyance element defining a second element interior fluidly coupled to the combustion region, the second element interior defining a second path, the second fluid conveyance element configured to convey a second fluid along the second path, the second fluid conveyance element thermally coupled to the FCS (130);
wherein:
the heat reception element is arranged along the long axis (Figure 2B);
the second port is arranged between the first port and the heat reception element (The outlet of 12 is arranged between the inlet of 12 and the heat reception element); and
the combustion region is fluidly coupled to the FCS interior via the second port (“The electron emitter is preferably thermally coupled to the inner shell, more preferably to the flame-reception region of the inner shell” paragraph [0028]).
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Regarding claim 14, Schmitt discloses the system of Claim 11, wherein:
the TEC further comprises a shell comprising the heat reception element and the surface, the shell defining a heating cavity bounded by the heat reception element and the surface (The inner surface of 130); and
the combustion region is arranged within the heating cavity and bounded by the shell (“The electron emitter is preferably thermally coupled to the inner shell, more preferably to the flame-reception region of the inner shell” paragraph [0028]).
Regarding claim 19, Schmitt discloses the system of Claim 11, wherein:
the first fluid comprises fuel and an oxidant (“input gasses used by the burner (e.g., air or oxygen, fuel, etc.)” paragraph [0088]);
the second fluid comprises combustion exhaust (“Exhaust gas produced by the burner preferably transfers heat (e.g., from itself) to other elements of the system while exiting the heating cavity” paragraph [0088]);
the first port is an inlet (Inlet of 12); and
the second port is an outlet (Outlet of 12).
Claim Rejections - 35 USC § 103
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.
Claims 1, 2, 6, 7, 12, 13, 15, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Schmitt, in view of Hottel (US 4707560 A), hereinafter Hottel.
Regarding claim 1, Schmitt discloses a system comprising:
a first fluid conveyance element defining a first port, a second port, and a long axis extending from the first port to the second port, the first fluid conveyance element configured to convey a first fluid, the first fluid conveyance element comprising a fluid conveyance structure (FCS), the FCS extending between the first port and the second port and defining an FCS interior configured to convey the first fluid between the first and second ports along an FCS path (Figure 2B, element 12);
a heat reception element arranged along the long axis (“The emitter module preferably includes one or more electron emitters 110” paragraph [0024]), wherein the second port is arranged between the first port and the heat reception element, the burner system defining a combustion region between the second port and the heat reception element, the combustion region fluidly coupled to the FCS interior via the second port (“The electron emitter is preferably thermally coupled to the inner shell, more preferably to the flame-reception region of the inner shell” paragraph [0028]);
a second fluid conveyance element defining a second element interior fluidly coupled to the combustion region, the second element interior defining a second path, the second fluid conveyance element configured to convey a second fluid along the second path, the second fluid conveyance element thermally coupled to the FCS (Element 130, see also the arrows).
Schmitt does not disclose:
a first plurality of protrusive structures that protrude outward from the first fluid conveyance element into the second element interior, wherein the first plurality of protrusive structures are configured to thermally couple the first fluid conveyance element to the second fluid; and
a second plurality of protrusive structures that protrude inward from first fluid conveyance element into the FCS interior, wherein the second plurality of protrusive structures are configured to thermally couple the first fluid to the first fluid conveyance element, such that the first and second pluralities of protrusive structures cooperatively thermally couple the first fluid to the second fluid.
However, Hottel teaches:
a first plurality of protrusive structures that protrude outward from the first fluid conveyance element into the second element interior, wherein the first plurality of protrusive structures are configured to thermally couple the first fluid conveyance element to the second fluid (“annular elongated passage 56 in which is disposed ceramic structure that includes separation cylinder 58 with radial outwardly extending fins 60 disposed on the hot (combustion product outlet) side” column 6, line 10); and
a second plurality of protrusive structures that protrude inward from first fluid conveyance element into the FCS interior, wherein the second plurality of protrusive structures are configured to thermally couple the first fluid to the first fluid conveyance element (“radial inwardly extending fins 62 disposed on the cool (air inlet) side” column 6, line 13), such that the first and second pluralities of protrusive structures cooperatively thermally couple the first fluid to the second fluid (“A first portion of combustion products is flowed through passages 52 to inlet port 16 as indicated by arrows 64 and a second portion of combustion products flows through the outlet passages across fins 60 and are exhausted from recuperator 54 as indicated by arrows 66. Combustion air is supplied through recuperator inlet 68 (as diagrammatically indicated by arrows 70) for preheating flow through recuperator 54 and discharge along passage 72 (as directed by separator member 74) for flow through port 16 into combustion chamber 10” column 6, line 15).
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In view of Hottel’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the protrusions as is taught in Hottel, in the system disclosed by Schmitt because Hottel states “The generator efficiency is doubled due to the preheating of the incoming air” (column 6, line 57). Therefore, including the protrusions will improve efficiency in Schmitt.
Regarding claim 2, Schmitt, as modified by Hottel, disclose the system of Claim 1, wherein:
the FCS interior defines a first cross-sectional area for fluid flow, the first cross-sectional area defined on a first plane normal to the first FCS path, the first plane arranged between the first port and the second port (A planar section of 12 taken upstream of the tapered section);
the first fluid conveyance element further comprises a flow restrictor fluidly coupled to the FCS interior (The tapered section of 12), the flow restrictor defining a second cross-sectional area for fluid flow, the second cross-sectional area defined on a second plane normal to the first FCS path (A planar section of the tapered section), wherein the first cross-sectional area is greater than the second cross-sectional area and the second cross-sectional area is greater than zero, wherein the second plane is arranged between the first plane and the second port (Figure 2B); and
the combustion region is fluidly coupled to the FCS interior via the flow restrictor (Figure 2B).
Regarding claim 6, Schmitt, as modified by Hottel, discloses the system of Claim 1, wherein:
the first fluid comprises fuel and an oxidant (“input gasses used by the burner (e.g., air or oxygen, fuel, etc.)” paragraph [0088]);
the second fluid comprises combustion exhaust (“Exhaust gas produced by the burner preferably transfers heat (e.g., from itself) to other elements of the system while exiting the heating cavity” paragraph [0088]);
the first port is an inlet (Inlet of 12); and
the second port is an outlet (Outlet of 12).
Regarding claim 7, Schmitt, as modified by Hottel, discloses the system of Claim 6, wherein the second fluid conveyance element encircles the first fluid conveyance element (Figure 2B).
Regarding claims 12 and 13, Schmitt discloses the system of Claim 11.
Schmitt does not disclose a set of one or more protrusive structures that mechanically and thermally connect the first fluid conveyance element to the surface, wherein a first protrusive structure of the set is mechanically connected to the FCS, thereby thermally connecting the FCS to the surface.
However, Hottel teaches a set of one or more protrusive structures that mechanically and thermally connect the first fluid conveyance element to the surface, wherein a first protrusive structure of the set is mechanically connected to the FCS, thereby thermally connecting the FCS to the surface (“annular elongated passage 56 in which is disposed ceramic structure that includes separation cylinder 58 with radial outwardly extending fins 60 disposed on the hot (combustion product outlet) side” column 6, line 10).
In view of Hottel’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the protrusions as is taught in Hottel, in the system disclosed by Schmitt because Hottel states “The generator efficiency is doubled due to the preheating of the incoming air” (column 6, line 57). Therefore, including the protrusions will improve efficiency in Schmitt.
Regarding claims 15, 16, and 18, Schmitt discloses the system of Claim 14, wherein:
the second fluid conveyance element surrounds the first fluid conveyance element (Figure 2B);
the first fluid conveyance element comprises a wall that fluidly separates the FCS interior from the second element interior (The sidewall of 12).
Schmitt does not disclose a set of one or more protrusive structures that mechanically and thermally connect the first fluid conveyance element to the shell, wherein a first protrusive structure of the set is mechanically connected to the FCS, thereby thermally connecting the FCS to the shell, a first protrusive structure of the set mechanically and thermally connects the wall to the shell.
However, Hottel teaches a set of one or more protrusive structures that mechanically and thermally connect the first fluid conveyance element to the shell, wherein a first protrusive structure of the set is mechanically connected to the FCS, thereby thermally connecting the FCS to the shell, a first protrusive structure of the set mechanically and thermally connects the wall to the shell (“annular elongated passage 56 in which is disposed ceramic structure that includes separation cylinder 58 with radial outwardly extending fins 60 disposed on the hot (combustion product outlet) side” column 6, line 10).
In view of Hottel’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the protrusions as is taught in Hottel, in the system disclosed by Schmitt because Hottel states “The generator efficiency is doubled due to the preheating of the incoming air” (column 6, line 57). Therefore, including the protrusions will improve efficiency in Schmitt.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Schmitt, in view of Hottel, and further in view of National Research Development Corporation (GB 968392 A), hereinafter NRDC.
Regarding claim 3, Schmitt, as modified by Hottel, discloses the system of Claim 1.
Schmitt, as modified by Hottel, does not disclose:
the first fluid conveyance element further comprises a plurality of FCSs, the plurality comprising the FCS;
each FCS of the plurality extends from the first port to the second port; and
each FCS of the plurality defines a respective FCS interior configured to convey the first fluid between the first and second ports along a respective FCS path.
However, NRDC teaches:
the first fluid conveyance element further comprises a plurality of FCSs, the plurality comprising the FCS;
each FCS of the plurality extends from the first port to the second port; and
each FCS of the plurality defines a respective FCS interior configured to convey the first fluid between the first and second ports along a respective FCS path (“Figs. 16 and 17 are schematic transvers and longitudinal sections of a power unit composed of a number of thermos-electric generators… The ceramic inner tubes 41 contain concentric tubes 53, 54, for the fuel and the oxidant, opening into flame nozzles 55 at the end” page 10, line 31).
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In view of NRDC’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include a plurality of FCSs as is taught in NRDC, in the system as presently modified because duplicating the number of FCSs will increase the number of generators and increase the potential power output. Additionally, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). In this case, increase power output is an expected result of increased input.
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Schmitt, in view of Hottel, and further in view of Lyczko (US 3357471 A), hereinafter Lyczko.
Regarding claim 8, Schmitt, as modified by Hottel, discloses the system of Claim 1.
Schmitt, as modified by Hottel, does not disclose:
the first fluid comprises combustion exhaust;
the second fluid comprises fuel and an oxidant;
the first port is an outlet; and
the second port is an inlet.
However, Lyczko teaches:
the first fluid comprises combustion exhaust (“a centrally disposed exhaust tube 15 through which the products of combustion are discharged” column 2, line 55);
the second fluid comprises fuel and an oxidant (“the annular chamber 16 to which air or other oxygen gas is supplied to support combustion of fuel, e.g., natural gas, introduced through fluid fuel lines 17” column 2, line 56);
the first port is an outlet (The outlet of 15); and
the second port is an inlet (The inlet of 15).
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In view of Lyczko’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the teachings of Lyczko, in the system disclosed by Schmitt because the court has held reversal of parts to be an obvious modification In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955). In the present case, the difference between the prior art Schmitt and claim 8 is the reversal of inlet and outlet of reactants and products. Such a configuration is known as evidenced by Lyczko and is therefore a mere reversal and obvious modification.
Regarding claim 9, Schmitt, as modified by Hottel and Lyczko, discloses the system of Claim 8, wherein the second fluid conveyance element encircles the first fluid conveyance element (Figure 2B of Schmitt or figure 2 of Lyczko).
Regarding claim 10, Schmitt, as modified by Hottel, discloses the system of Claim 1, wherein:
at least one of the first fluid or the second fluid comprises combustion exhaust (“Exhaust gas produced by the burner preferably transfers heat (e.g., from itself) to other elements of the system while exiting the heating cavity” paragraph [0088]);
at least one of the first fluid or the second fluid comprises fuel and an oxidant (“input gasses used by the burner (e.g., air or oxygen, fuel, etc.)” paragraph [0088]).
Schmitt, as modified by Hottel, does not disclose the system comprises a third fluid conveyance element configured to convey a third fluid to the combustion region, the third fluid comprising at least one of the fuel or the oxidant.
However, Lyczko teaches the system comprises a third fluid conveyance element configured to convey a third fluid to the combustion region, the third fluid comprising at least one of the fuel or the oxidant (“Fuel and preheated oxygen containing gas, preferably air, are supplied to the combustion chamnber, generating products of combustion, which flow through the combutsion chamber, to which preheated secondary air is supplied, if necessary, to insure complete combustion” column 1, line 52).
In view of Lyczko’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include a third fluid conveyance element configured to convey a third fluid to the combustion region, the third fluid comprising at least one of the fuel or the oxidant as is taught in Lyczko, in the system disclosed by Schmitt because Lyczko states that the secondary air will ensure complete combustion. Therefore, including the teachings of Lyczko will prevent incomplete combustion in Schmitt.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Schmitt, in view of Lyczko.
Regarding claim 20, Schmitt discloses the system of Claim 11.
Schmitt does not disclose:
the first fluid comprises combustion exhaust;
the second fluid comprises fuel and an oxidant;
the first port is an outlet; and
the second port is an inlet.
However, Lyczko teaches:
the first fluid comprises combustion exhaust (“a centrally disposed exhaust tube 15 through which the products of combustion are discharged” column 2, line 55);
the second fluid comprises fuel and an oxidant (“the annular chamber 16 to which air or other oxygen gas is supplied to support combustion of fuel, e.g., natural gas, introduced through fluid fuel lines 17” column 2, line 56);
the first port is an outlet (The outlet of 15); and
the second port is an inlet (The inlet of 15).
In view of Lyczko’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the teachings of Lyczko, in the system disclosed by Schmitt because the court has held reversal of parts to be an obvious modification In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955). In the present case, the difference between the prior art Schmitt and claim 8 is the reversal of inlet and outlet of reactants and products. Such a configuration is known as evidenced by Lyczko and is therefore a mere reversal and obvious modification.
Allowable Subject Matter
Claims 4, 5, and 17 are 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.
Claim 4 recites the limitation “a second protrusive structure that protrudes outward from a second FCS of the plurality of FCSs, second protrusive structure mechanically connected to the first protrusive structure.” The closest prior art of record to this limitation is Grillo (US 5174371 A) which teaches the limitation. However, incorporating these features into Schmitt, as modified by Hottel and NRDC, would require significant reworking which would not be obvious to one of ordinary skill in the art. Therefore, these limitations, when combined with every other limitation of the claim distinguishes the claim from the prior art.
Claim 5 recites the limitation “the FCS density increases with increasing radial distance between zero and the maximum radial density.” No art was found such that further modification of Schmitt, Hottel, and NRDC would have rendered the claim obvious. Therefore, these limitations when combined with every other limitation of the claim distinguishes the claim from the prior art.
Claim 17 recites the limitation “the system further comprises a third protrusive structure that mechanically connects the FCS to the second FCS” and is objected to by the same or substantially the same rationale as claim 4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
DeBellis (US 5932885 A) “The recuperator section 106 preferably comprises a high-temperature, metallic alloy, compact (plate-fin) heat exchanger, generally designated 160, located within an outer tube 162 advantageously made of ceramic, possibly SiC. Outer tube 162 could be merely a continuation of the emitter 110 itself. Inner tube 164 would preferably be a high temperature alloy because it will be cooled from the combustion air 14, 16 flowing on the inside. The fins 168 on the air side would be metallic and be attached to the inner tube 164. The fins 168 on the flue gas side would also be metallic and attached to the inner tube 164. The fins 168 on the flue gas side would start at a location when the temperature of the flue gas 108 falls below the maximum metal temperature. Thus in this embodiment, the counterflow recuperator section 106 comprises a compact plate fin heat exchanger having the inner tube 164 finned on both its inside and outside surfaces, air 14 flowing in a first direction along the inside surface of the inner tube 164 and hot combustion products 108 counterflowing along the outside surface of the inner tube 164 in a second direction”
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710
472
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Shukla (US 6198038 B1) “Gases from the combustion chamber 20 pass over the open top of the radiator 28 and down through the recuperator 24, where heat is transferred by fins 62, 64 from the outgoing hot gases to secondary air entering the recuperator 24” and “In operation, relatively cool primary air from the primary air pump 46, and relatively cool fuel from the fuel source flow through the primary air pipe 44 and the fuel pipe 40, respectively. Upon emerging from the nozzle ends 40a, 44a of the fuel pipe 40 and primary air pipe 44, respectively, the primary air atomizes the fuel and, passing through the swirler 42, mixes with and combusts with the hot secondary air from the recuperator manifold 48”
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698
478
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/LOGAN P JONES/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
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