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.
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.
Claim(s) 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Akula et al [20130025253].
With respect to claim 21, Akula discloses: A thermal system comprising a thermal device, wherein the thermal system is integrated into one or more pieces of thermal equipment (18), wherein at least one of the one or more pieces of thermal equipment is selected from the group consisting of furnaces, boilers, heaters, irons, warmers, ovens, stoves, dryers, annealers, kilns, bakers, cookers, sealers, smelters, solderers, torches, cutting torches, welders, melters, autoclaves, and sterilizers [see FIG 2, abstract, element 60, paragraph 0012, 0015, 0024-0025, 0027].
On page 55, lines 6-27, of the applicant’s specification, “thermal devices and systems” can include equipment for the production and the transfer of heat. Therefore, Akula anticipates a thermal system in the sense that in figure 2 the premixed combustor forming part of a gas turbine used in a power plant inherently at least shows the thermal equipment is a boiler or a furnace.
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.
Claim(s) 1-2, 5-10, 12-13, 17, 19, 25-28, 33, 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jacobsen et al [20080251050], further in view of Akula et al [20130025253].
With respect to claim 1, Jacobsen discloses: A thermal system energized by oxidation of a fuel to produce thermal energy thereby, comprising: a fuel intake system (50, 140) in fluid communication with a thermal apparatus (26), wherein the fuel intake system delivers the fuel into the thermal apparatus [paragraph 0039]; a delivery system (124, 128) in fluid communication with the thermal apparatus, wherein the delivery system delivers an oxidizing agent (34) into the thermal apparatus [paragraph 0033]; a control system (112) operatively coupled to the fuel intake system and the delivery system, wherein the control system regulates delivery of a preselected fuel amount and a preselected oxidizing agent amount to the thermal apparatus, and wherein the control system triggers an ignition of the fuel and the oxidizing agent when the preselected fuel amount and the preselected oxidizing agent amount are present in the thermal apparatus [paragraph 0040]; and an ignition system (110) within the thermal apparatus, triggered by the control system, that ignites the fuel and the oxidizing agent to produce the oxidation of the fuel, thereby producing the thermal energy [see FIG 1, paragraph 0039].
Jacobsen further shows:
{cl. 2} The thermal system of claim 1, wherein the oxidation of the fuel is a combustion reaction [paragraph 0031].
{cl. 9} The thermal system of claim 1, wherein the oxidizing agent comprises oxygen [paragraph 0014].
{cl. 10} The thermal system of claim 1, further comprising a heat recipient [paragraph 0015].
Jacobsen shows the use of a reaction chamber and having a hydrogen fuel to produce thermal energy/heat [paragraph 0014]. From the applicant’s specification the reactor assembly is understood to produce the fuel that is used to create the thermal energy, the fuel comprising hydrogen. Jacobsen therefore does not show the plurality of RAs that produce the fuel.
Akula makes up for these deficiencies by teaching a thermal system (16) and a hydrogen supplied from known reforming techniques [paragraph 0012] and
{cl. 1, cont’d} a set of one or more fuel RAs (60) that produces the fuel [paragraph 0012]; a fuel intake system (40, 42) in fluid communication with the set of one or more fuel RAs [see FIG 2, paragraph 0028].
Akula further teaches:
{cl. 5} The thermal system of claim 1, wherein the fuel comprises hydrogen [paragraph 0022].
{cl. 6} The thermal system of claim 1, wherein the set of one or more fuel RAs (60) comprises more than one fuel RA [see FIG 2].
{cl. 7} The thermal system of claim 1, wherein the oxidizing agent enters the delivery system from a feedgas line or from ambient atmosphere [paragraph 0026].
{cl. 8} The thermal system of claim 1, wherein at least a portion of the oxidizing agent is produced by an auxiliary set of one or more RAs in fluid communication with the delivery system [paragraph 0025].
With respect to claim 12, Jacobsen in view of Akula make obvious: A method of producing thermal energy, comprising Providing the thermal system of claim 1; Providing an oxidizing agent (34) [paragraph 0033]; Directing the fuel into the thermal apparatus [paragraph 0039]; Delivering the oxidizing agent into the thermal apparatus [paragraph 0038]; Mixing the fuel and the oxidizing agent to form a fuel-oxidant mixture [paragraph 0034]; and Igniting the fuel-oxidant mixture to produce a reaction that yields the thermal energy [paragraph 0040].
Jacobsen further shows:
{cl. 17} The method of claim 12, wherein the reaction is a combustion reaction [paragraph 0031].
{cl. 19} The method of claim 12, further comprising a step of transferring the thermal energy to a heat recipient [paragraph 0015].
Where Akula teaches:
{cl. 12, cont’d} Instantiating the fuel by the set of one or more fuel RAs [see FIG 2, abstract, element 60, paragraph 0012, 0015, 0024-0025, 0027].
{cl. 13} The method of claim 12, wherein the step of providing the oxidizing agent is performed by an auxiliary set of one or more RAs in fluid communication with the thermal apparatus [paragraph 0025].
With respect to claim 25, Jacobsen discloses: A method of producing thermal energy, comprising: supplying a fuel to a thermal apparatus [paragraph 0039]; delivering an oxidizing agent to the thermal apparatus [paragraph 0033]; and reacting the fuel with the oxidizing agent in the thermal apparatus [paragraph 0038-0039].
Jacobsen further shows:
{cl. 28} The method of claim 25, wherein the step of supplying and the step of delivering produce a mixture within the thermal apparatus prior to the step of reacting the fuel with the oxidizing agent [paragraph 0034].
{cl. 29} The method of claim 25, wherein the step of reacting comprises combusting the fuel with the oxidizing agent [paragraph 0031].
{cl. 35} The method of claim 25, further comprising a step of transferring the thermal energy to a heat recipient by a heat transfer process selected from the group consisting of conduction, convection, and radiation [paragraph 0058].
Jacobsen therefore does not show the plurality of RAs that produce the fuel.
Akula makes up for these deficiencies by teaching:
{cl. 25, cont’d} wherein the step of reacting produces a radiant energy that includes thermal energy, and wherein at least one of the fuel and the oxidizing agent is instantiated by a set of one or more RAs (60) [see FIG 2, abstract, paragraph 0012, 0015, 0024-0025, 0027].
{cl. 26} The method of claim 25, wherein the fuel is instantiated by the set of one or more RAs, and the oxidizing agent is provided from a conventional source [paragraph 0025].
{cl. 27} The method of claim 25, wherein the oxidizing agent is instantiated by the set of one or more RAs [paragraph 0025].
{cl. 33} The method of claim 29, wherein the step of reacting takes place in a furnace [paragraph 0001-0002].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the invention of Jacobsen with the teachings of Akula because Akula provides a known source of fuel that allows for the reduction of pollutants, where the modification is understood to be the injection nozzles 60 are the RAs in the broadest sense and supplied from the reforming techniques as described by Akula in paragraph 0012.
Allowable Subject Matter
On pages 28-35, under the reactor assembly heading, the RA is described as a coil around a reactor body in combination with a lamp. This feature, if incorporated into independent claims would be considered as having allowable subject matter, and if incorporated would be evaluated within the context of the claim to determine allowability.
Conclusion
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/AVINASH A SAVANI/Primary Examiner, Art Unit 3762
9/21/2026
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