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 .
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.
Response to Arguments
Applicant’s arguments with respect to claims 1, 13, and 16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
(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.
Claims 1-6, 8-10, and 12-20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Heald (US 11,773,817).
Regarding claim 1, Heald discloses a water turbine system for generating electricity in an irrigation system that includes a first passageway (134 of Figure 7) and a second passageway (110 of Figure 7) configured to flow water, comprising:
a water turbine (132 of Figure 7) positioned in the first passageway and configured to convert kinetic energy of the water into mechanical energy;
an electrical generator (510 of Figure 5, 8-13, 15-18) coupled to the water turbine and configured to convert the mechanical energy into electrical energy (Col. 6:60-67; Col. 8:61-67);
a bypass valve (710 of Figure 7) positioned within the second passageway and configured to automatically move at least from an open configuration to a closed configuration (Col. 8:46-60) to selectively allow water flow between the first passageway and the second passageway at the same time (Col. 5:57-60; Col. 6:9-14) and control a flow rate and pressure of the water passing through the water turbine (Col. 8:46-60); and
a control system (Col. 8:46-60) configured to control a position of the bypass valve based on the desired flow rate and pressure of the water passing through the water turbine.
Regarding claim 2, Heald discloses further comprising a housing enclosing (230 of Figure 2, 5; 1040 of Figure 10B, 12-14) the water turbine (132 of Figure 7) and/or the electrical generator (510 of Figure 5, 8-13, 15-18).
Regarding claim 3, Heald discloses wherein the electrical generator (510 of Figure 5, 8-13, 15-18) is configured to be connected to an electrical grid or a battery storage system to supply the generated electrical energy (Col. 8:34-40).
Regarding claim 4, Heald discloses wherein the control system includes at least one sensor configured to measure the flow rate and/or pressure of the water (Col. 8:46-60, valves such as pressure reducing or differential pressure valves incorporate sensors for measuring flow rate or pressure) passing through the water turbine (132 of Figure 7).
Regarding claim 5, Heald discloses wherein the bypass valve (710 of Figure 7) comprises an opening configured for flowing the water away from the water turbine (132 of Figure 7; Col. 8:46-60).
Regarding claim 6, Heald discloses wherein a size of the opening is adjusted at least in part based on the measurements obtained from the at least one sensor (Col. 8:46-60, the sensor is integrated in the bypass valve).
Regarding claim 8, Heald discloses further comprising a motorized mechanism configured to change the position of the bypass valve (710 of Figure 7), and wherein the motorized mechanism is controlled by the control system (Col. 8:46-60, the motorized mechanism is integrated in the bypass valve allowing for automatic control).
Regarding claim 9, Heald discloses wherein the control system is configured to control a conversion efficiency of the water into the mechanical energy (Col. 8:46-60, the valve automatically controls a flow rate to be transferred through the bypass which controls the conversion efficiency of the water into the mechanical energy).
Regarding claim 10, Heald discloses wherein the bypass valve (710 of Figure 7) is further configured to automatically move from a partially open configuration to the closed configuration when the flow rate and/or the pressure of the water falls below a predetermined threshold (Col. 8:46-60, pressure safety and pressure reducing valves are configured to perform the recited automatic function).
Regarding claim 12, Heald discloses wherein the first passageway (134 of Figure 7) and a second passageway (110 of Figure 7) are pressurized pipes supplying water to agricultural fields or landscaping areas (Col. 5:46-48, 55-56, it is very common for factories and plants to have agricultural fields or landscaping areas that require a dedicated water supply).
Regarding claim 13, Heald discloses a device for generating electricity in an irrigation system that includes a first passageway (134 of Figure 7) and a second passageway (110 of Figure 7) configured to flow water, comprising:
a water turbine (132 of Figure 7) positioned in the first passageway for converting a flow of the water into rotational energy;
a generator (510 of Figure 5, 8-13, 15-18) coupled to the water turbine for converting the rotational energy into electrical energy (Col. 6:60-67; Col. 8:61-67);
a bypass valve (710 of Figure 7) positioned within the second passageway and being configured to selectively allow water flow between the first passageway and the second passageway at the same time (Col. 5:57-60; Col. 6:9-14) based at least on changes in the flow of water through the first passageway (Col. 8:46-60),
wherein the device is configured to generate electricity while maintaining a predetermined flow rate (Col. 8:46-60, a function of the pressure safety and pressure reducing valves) in the irrigation system and to direct excess water around the water turbine and back into the irrigation system (via 160 or 710 of Figure 7) when the flow of water through the water turbine exceeds the predetermined flow rate.
Regarding claim 14, Heald discloses further comprising a control system configured to control a position of the bypass valve (710 of Figure 7) based at least in part on the predetermined flow rate (Col. 8:46-60, a function of the pressure safety and pressure reducing valves).
Regarding claim 15, Heald discloses further comprising at least one sensor configured to measure the flow rate and/or pressure of the water (Col. 8:46-60, valves such as pressure reducing or differential pressure valves incorporate sensors for measuring flow rate or pressure) passing through the water turbine (132 of Figure 7).
Regarding claim 16, Heald discloses a method for generating electricity in an irrigation system (Col. 1:54-58) that includes a first passageway (134 of Figure 7) and a second passageway (110 of Figure 7) configured to flow water, comprising:
rotating a water turbine (132 of Figure 7) positioned in the first passageway to convert kinetic energy of the water into mechanical energy;
converting the mechanical energy into electrical energy (Col. 6:60-67; Col. 8:61-67); and
automatically closing an opening of a bypass valve (710 of Figure 7) positioned within the second passageway to selectively allow water flow between the first passageway and the second passageway at the same time (Col. 5:57-60; Col. 6:9-14) and control a flow rate and pressure of the water passing through the water turbine (Col. 8:46-60, a function of the pressure safety and pressure reducing valves).
Regarding claim 17, Heald discloses wherein selectively allowing flow between the first passageway (134 of Figure 7) and a second passageway (110 of Figure 7) comprises adjusting a size of the opening of the bypass valve (710 of Figure 7; Col. 8:46-60).
Regarding claim 18, Heald discloses further comprising measuring the flow rate and/or pressure of the water (Col. 8:46-60, valves such as pressure reducing or differential pressure valves incorporate sensors for measuring flow rate or pressure) passing through the water turbine (132 of Figure 7).
Regarding claim 19, Heald discloses wherein selectively allowing flow between the first passageway (134 of Figure 7) and a second passageway (110 of Figure 7) is based at least in part on the measurement of the flow rate and/or the pressure of the water (Col. 8:46-60, valves such as pressure reducing or differential pressure valves incorporate sensors for measuring flow rate or pressure).
Regarding claim 20, Heald discloses further comprising:
maintaining a predetermined flow rate in the irrigation system (Col. 8:46-60, a function of the pressure safety and pressure reducing valves); and
directing excess water around the water turbine (132 of Figure 7) and back into the irrigation system (via 160 or 710 of Figure 7) when the flow of water through the water turbine exceeds the predetermined flow rate.
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.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Heald (US 11,773,817), in view of Millius (US 2022/0368195).
Regarding claim 11, Heald discloses all of the elements of the current invention as mentioned above, however does not explicitly disclose further comprising a protective screen positioned upstream of the water turbine (132 of Figure 7) to prevent debris and/or solid particles from entering the water turbine and causing damage.
Millius discloses further comprising a protective screen (3810 of Figure 38) positioned upstream of the water turbine (310 of Figure 38; Para. 0223) to prevent debris and/or solid particles from entering the water turbine and causing damage (Para. 0220).
It would have been obvious to one of ordinary skill in the art before effective filing of the claimed invention to have a protective screen positioned upstream of the water turbine of Heald, as taught by Millius, to limit debris greater than a threshold size from flowing into the rotor stream conduit and/or damaging the generator [Millius: Para. 0220].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES H REID whose telephone number is (571)272-9248. The examiner can normally be reached M-F 9:30-4:45 PM.
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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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/Charles Reid Jr./Primary Examiner, Art Unit 2834
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