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 .
Claim Objections
Claims 1, 2, 8, 7, 10, 12, 15, 16, 17, 19, 20, 12, 17 objected to because of the following informalities: claim 12 recites “third and fourth second conduits”; it must be recited as “third and fourth conduits”. Claim 17 recites “evaporator”; all evaporator in the claim must be recited as “first evaporator”. Claims 1, 2, 8, 10, 12, 15, 16, 17, 19, 20 recite “STST”; all STST in the claims must be recites as “stratified thermal storage tank”. Claim 15 recites “HVAC”; it must be recited as “heating ventilation and air conditioning”. Claim 7 recites “the first heat exchanger”; it must be recited as “the first external heat exchanger”. Claim 19 in line 7 recites “the conduits”; it must be recited as “the first and second conduits”. Appropriate correction is required.
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 7, 17, 19 and depending 8, 18, 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 pre-AIA the applicant regards as the invention.
Claim 7 recites “the evaporator”. The bolded phrase makes the claimed limitations indefinite, because it is unclear if the bolded limitation refers to the first evaporator or the second evaporator. For the purpose of examination, it is interpreted as the first evaporator.
Claim 17 recites “the heating load”. There is a lack of antecedent basis for the bolded limitation, because it has not been recited previously.
Claim 19 recites “the load”. The bolded phrase makes the claimed limitations indefinite, because It is unclear the bolded phrase refers to which limitation. For the purpose of examination, it is interpreted as the heating load recited previously in the claim.
Allowable Subject Matter
Claims 5, 9-12, 18, 20 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. Claims 6, 13-16 are only objected, because they are depending from allowable clams 5, 12. Claims 18, 20 cannot be allowable at this time, because they are depending from claims 17, 19 which are rejected under 112(b) rejections. Claims 7, 8 are only rejected under 112(b) rejection, claims 7, 8 are depending from allowable clams 5.
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 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.
Claims 1-4, 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tanimoto (JP 2009281641 A).
Claim 1: Tanimoto discloses a heating and cooling system configured to perform water temperature conditioning, the heating and cooling system (10) comprising:
a stratified thermal storage tank (thermal storage tank 37) having an interior region (inherent inside tank; see FIG.2) extending between a first end (top of 37) and a second end (bottom of 37),
wherein the interior region (inherent; see FIG.2) includes a hot section (upper region of tank 37) at or proximate to the first end, a cold section (lower region of tank 37) at or proximate to the second end, and a thermocline section (thermocline section is between the dash lines in tank 37) in between the hot and cold sections (upper region of tank 37) (lower region of tank 37), and
wherein the STST (37) includes within the interior region (inherent; see FIG.2) a plurality of portions (annotated FIG.2) of a fluid respectively having successively decreasing temperatures successively distributed from the first end (top of 37) to the second end (bottom of 37);
first and second conduits (64/92) respectively coupled to the STST (37) at a first location (to clarify, first location is where passage 64 is connected to tank 37) along the hot section (upper region of tank 37) and at a second location (to clarify, second location is where passage 92 is connected to tank 37) along the thermocline section (thermocline section is between the dash lines in tank 37),
wherein the first and second conduits (64/92) are configured to be coupled at least indirectly to a heating load (intended use; to clarify, heating load is a zone that needs heat, like a room/space) so that at least a first amount of the fluid (to clarify, first amount of fluid is water; see paragraph [151]) can flow between the STST (37) and the heating load (zone; room/space); and
a first heat pump (cycle 21 used as heat pump) including a first evaporator (23) and a gas cooler (82; paragraph [153]),
wherein a first output port (annotated FIG.2) of the gas cooler (82) is coupled at least indirectly to a first additional location (annotated FIG.2) along the STST (37) and
a first input port (annotated FIG.2) of the gas cooler (82) is coupled at least indirectly to a second additional location (annotated FIG.2) along the STST (37) so that at least a second amount of the fluid (to clarify, second amount of fluid is water; see paragraph [151]) can flow between the STST (37) and the gas cooler (82), wherein
a first input port (annotated FIG.2) of the first evaporator (23) is coupled to a third additional location (annotated FIG.2) along the STST (37) and
a first output port (annotated FIG.2) of the first evaporator (23) is coupled to a fourth additional location (annotated FIG.2) along the STST (37), so that at least a third amount of the fluid can flow between the STST (37) and the first evaporator (23), wherein
the first and fourth additional locations (annotated FIG.2) are respectively at or proximate to the first and second ends, respectively, and each of the second and third additional locations (annotated FIG.2) is between the first and fourth additional locations (annotated FIG.2), wherein
the first evaporator (23) is coupled to the gas cooler (82), and wherein the first heat pump (21) is configured to cycle therewithin a refrigerant between the first evaporator (23) and the gas cooler (82), so that first heat (to clarify, first heat from the hot section of tank) transported from the STST (37) by the third amount of the fluid (to clarify, third amount of fluid is water; see paragraph [151]) to the first evaporator (23) is communicated by way of the first heat pump (21) to the gas cooler (82) and then transported from the gas cooler by the second amount of fluid to the hot section (upper region of tank 37) of the STST (37), whereby at least some of the first heat (to clarify, first heat from the hot section of tank) can be further transported by the first amount of fluid (first amount of fluid is water; see paragraph [151]) via the first conduit (64) for receipt by the heating load (intended use).
[AltContent: textbox (1-output port)][AltContent: textbox (2-additional location)]
[AltContent: textbox (4-additional location)][AltContent: connector][AltContent: textbox (1-output port)][AltContent: connector][AltContent: textbox (1-input port)][AltContent: connector][AltContent: textbox (3-additional location)][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: textbox (1-input port)][AltContent: connector][AltContent: connector][AltContent: textbox (portions)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (1-additional location)]
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Claim 2: Tanimoto discloses the apparatus as claimed in claim 1, wherein the refrigerant includes carbon dioxide (paragraph [151]), and wherein the fluid is water (paragraph [151]).
Claim 3: Tanimoto discloses the apparatus as claimed in claim 2, further comprising:
first, second, third, and fourth additional conduits (annotated FIG.2/ annotated FIG.2/67/61) respectively coupled to the STST at the first, second, third, and fourth additional locations along the STST, wherein the third additional location is between the second and fourth additional locations, wherein
the first output port (annotated FIG.2) of the gas cooler (82) is coupled to the STST (37) at least indirectly by the first additional conduit (annotated FIG.2) and
the first input port (annotated FIG.2) of the gas cooler (82) is coupled to the STST at least indirectly by the second additional conduit (annotated FIG.2), and wherein
the first input port (annotated FIG.2) of the first evaporator (23) is coupled to the STST (37) at least indirectly by the third additional conduit (outflow passage 67 used as third additional conduit) and the first output port (annotated FIG.2) of the first evaporator (23) is coupled to the STST at least indirectly by the fourth additional conduit (inlet passage 61 used as fourth additional conduit), wherein
the first heat pump (21) is configured to cycle therewithin the refrigerant from a second output port (annotated FIG.2) of the first evaporator (23) to a second input port (annotated FIG.2) the gas cooler (82) and back from a second output port (annotated FIG.2) of the gas cooler (82) to a second input port (annotated FIG.2) of the first evaporator (23).
[AltContent: textbox (2-output port)][AltContent: connector][AltContent: connector][AltContent: textbox (2-input port)][AltContent: connector][AltContent: textbox (2-output port)][AltContent: connector][AltContent: textbox (2-input port)][AltContent: connector][AltContent: textbox (2-additional conduit)][AltContent: textbox (1-additional conduit)][AltContent: connector]
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Claim 4: Tanimoto discloses the apparatus as claimed in claim 3, wherein the first heat pump (21) additionally includes a compressor (22) and a first expansion valve (24), wherein the compressor (22) is coupled between the second output port (annotated FIG.2) of the first evaporator (23) and the second input port (annotated FIG.2) of the first gas cooler (82), and wherein the first expansion valve (24) is coupled between the second output port (annotated FIG.2) of the first gas cooler (82) and the second input port (annotated FIG.2) of the first evaporator (23).
Claim 17: Tanimoto discloses a method of operating a heating and cooling system (10) at least in part by performing water temperature conditioning, the method comprising: providing each of
a stratified thermal storage tank (thermal storage tank 37) (STST) having an interior region (inherent inside tank; see FIG.2) and including within the interior region (inherent inside the tank) a fluid having a decreasing temperature distribution (functional language) from a first end (top of 37) to a second end (bottom of 37) of the STST (37),
first and second conduits (64/92) respectively coupled to the STST (37) at a first location (to clarify, first location is where passage 64 is connected to tank 37) proximate the first end and (top of 37) at a second location (to clarify, second location is where passage 92 is connected to tank 37) along a midsection between the first and second ends (top/bottom of 37),
first, second, third, and fourth additional conduits (annotated FIG.2/ annotated FIG.2/67/61) respectively coupled to the STST (37) at first, second, third, and fourth additional locations (annotated FIG.2) along the STST,
wherein the first and fourth additional locations (annotated FIG.2) are respectively at or proximate to the first and second ends (top/bottom of 37), respectively,
the second additional location (annotated FIG.2) is between the first and fourth additional locations (annotated FIG.2), and the third additional location (annotated FIG.2) is between the second and fourth additional locations (annotated FIG.2), and
a heat pump (cycle 21 used as heat pump) including a first evaporator (23) and a first gas cooler (82; paragraph [153]),
wherein a first output port (annotated FIG.2) of the gas cooler (82) is coupled to the STST (37) at least indirectly by the first additional conduit (annotated FIG.2) and a first input port (annotated FIG.2) of the first gas cooler (82) is coupled to the STST (37) at least indirectly by the second additional conduit (annotated FIG.2),
wherein a first input port (annotated FIG.2) of the evaporator (23) is coupled to the STST (37) at least indirectly by the third additional conduit (outflow passage 67 used as third additional conduit), and
wherein a first output port (annotated FIG.2) of the evaporator (23) is coupled to the STST (37) at least indirectly by the fourth additional conduit (inlet passage 61 used as fourth additional conduit);
causing a first amount of the fluid to flow (to clarify, first amount of fluid is water; see paragraph [151]), via the third additional conduit (outflow passage 67 used as third additional conduit), from the third additional location (annotated FIG.2) to the first input port (annotated FIG.2) of the evaporator (23) so that first heat (to clarify, first heat from the hot section of tank) is transported to the evaporator (23);
transporting the first heat (first heat from the hot section of tank) by way of flowing refrigerant within the heat pump (21) from the evaporator (23) to the gas cooler (82);
causing a second amount of the fluid (to clarify, second amount of fluid is water; see paragraph [151]) to flow from the second additional location (annotated FIG.2) to the first additional location (annotated FIG.2), via the second and first additional conduits (annotated FIG.2) and through the gas cooler (82), so that the second amount of the fluid (second amount of fluid is water) receives the first heat at the gas cooler (82) and so that the first heat is delivered to the interior of the STST (37) by way of the first additional location (annotated FIG.2); and
pumping (to clarify, pumping by 81 through valve 46 into the tank 37 via passage 64) a third amount of the fluid (to clarify, third amount of fluid is water; see paragraph [151]) to flow from the first location (first location is where passage 64 is connected to tank 37) via the first conduit (64) for receipt by the heating load (intended use; to clarify, heating load is a zone that needs heat, like a room/space), so that at least a portion (inherent) of the first heat is delivered to the heating load (zone; room/space).
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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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 19 , 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tanimoto (JP 2009281641 A), in view of (DE 202015004569 U1).
Claim 19: Tanimoto discloses a heating and cooling system configured to perform water temperature conditioning, the heating and cooling system comprising:
a first stratified thermal storage tank (STST) (thermal storage tank 37) having, within an interior region (inherent inside tank; see FIG.2) thereof,
a fluid (to clarify, fluid is water; see paragraph [151]) having a decreasing temperature distribution from a first end (top of 37) to a second end (bottom of 37) of the STST (37);
first and second conduits (64/92) respectively coupled to the STST (37) at first (to clarify, first location is where passage 64 is connected to tank 37) and second locations (to clarify, second location is where passage 92 is connected to tank 37), respectively,
the first location (first location is where passage 64 is connected to tank 37) being proximate the first end (top of 37) and the second location (second location is where passage 92 is connected to tank 37) being along a thermocline section (thermocline section is between the dash lines in tank 37) of the interior region (inherent inside tank; see FIG.2) between the first and second ends (top/bottom of 37),
wherein the conduits (64/92) are configured to be coupled at least indirectly to a heating load (intended use; to clarify, heating load is a zone that needs heat, like a room/space) so that a first amount of the fluid (to clarify, first amount of fluid is water; see paragraph [151]) can flow between the STST (37) and the heating load (heating load is a zone that needs heat, like a room/space);
wherein the first and second additional locations (annotated FIG.2) are between the first and second ends (top/bottom of 37), respectively; and
a heat pump (cycle 21 used as heat pump) including an evaporator (23) and a gas cooler (82),
wherein a first output port (annotated FIG.2) of the gas cooler (82) is coupled by a third additional conduit (outflow passage 67 used as third additional conduit) to a third additional location (annotated FIG.2) proximate the first end (top of 37) of the STST (to clarify, flow from first output port of 82 to the top of tank 37 into passage 67 and back to third additional location via valve 50) and
wherein a first input port (annotated FIG.2) of the first gas cooler (82) is coupled to an output port of the mixing valve (to clarify, flow from valve 97 into first input port of 82 via tank 37/compressor 81), so that at least a second amount of the fluid (to clarify, second amount of fluid is water; see paragraph [151]) can flow between the STST (37) and the gas cooler (82) via the mixing valve (valve 97),
wherein a first input port (annotated FIG.2) of the evaporator (23) is coupled to the STST (37) at least indirectly by a fourth additional conduit (inlet passage 61 used as fourth additional conduit) and
wherein a first output port (annotated FIG.2) of the evaporator (23) is coupled to the STST (37) at least indirectly by a fifth additional conduit (63; to clarify, flow from first output of 23 into valves 41 and 48 into passage 63), so that at least a third amount of the fluid (to clarify, third amount of fluid is water; see paragraph [151]) can flow between the STST (37) and the evaporator (23), and
wherein the heat pump (21) operates to circulate therewithin a refrigerant between the evaporator (23) and the gas cooler (82) in accordance with a transcritical cycle (to clarify, transcritical cycle includes evaporator/gas cooler), so that first heat (to clarify, first heat from the hot section of tank) transported from the STST (37) to the evaporator (23) by the third amount of the fluid is communicated by way of the heat pump (21) to the gas cooler (82) and then delivered from the gas cooler (82) by the second amount of fluid (second amount of fluid is water; see paragraph [151]) to a hot section (upper region of tank 37) of the interior region (inherent inside tank; see FIG.2) of the STST (37) proximate the first end (top of 37), whereby at least some of the first heat (first heat from the hot section of tank) can be further transported by the first amount of fluid (first amount of fluid is water; see paragraph [151]) via the first conduit (64) for receipt by the load (to clarify, heating load is a zone that needs heat, like a room/space).
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Tanimoto discloses the claimed limitations in claim 19, but fails to disclose a mixing valve having first and second input ports respectively coupled by first and second additional conduits, respectively, to first and second additional locations along the STST, respectively.
However, (DE 202015004569 U1) teaches a mixing valve (mixer valve 9.6) having first and second input ports (valve 9.6 has two input ports to receive fluid) respectively coupled by first and second additional conduits, respectively, to first and second additional locations along the STST (to clarify, two pipes from tank 7 connected to mixer valve 9.6; first and second additional locations are at the inputs of the valve), respectively (paragraph [6]) for the purpose of adjusting the temperature if necessary to achieve a desired target temperature (paragraph [6]).
However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the apparatus of Tanimoto to include a mixing valve having first and second input ports respectively coupled by first and second additional conduits, respectively, to first and second additional locations along the STST, respectively as taught by (DE 202015004569 U1) in order to adjust the temperature if necessary to achieve a desired target temperature.
Claim 20: Tanimoto as modified discloses the apparatus as claimed in claim 19, further comprising:
third and fourth conduits respectively coupled to the STST at a third location along the midsection and a fourth location proximate the second end, wherein the third and fourth conduits are configured to be coupled at least indirectly to a heat source so that a second amount of the fluid can flow between the STST and the heat source, wherein the refrigerant includes carbon dioxide (CO2), and wherein an additional mixing valve at least partly governs the third amount of the fluid that can flow between the first STST and the first evaporator, and wherein either: (a) the system only includes the first STST and does not include any other STST; or (b) the system includes a plurality of STSTs including both the first STST and one or more additional STSTs, wherein the first STST and one or more additional STSTs of the plurality of STSTs are coupled in parallel and/or in series and wherein, in addition to the first, second, third, and fourth conduits being coupled to the first STST, one or more additional conduits or other connections are distributed for coupling in relation to the one or more additional STSTs.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure which is relevant to thermal energy storage:
Al hallaj (US 2018/0283709 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMRAN TAVAKOLDAVANI whose telephone number is (313)446-6612. The examiner can normally be reached on M-F 8:00 am to 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached on (571) 272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KAMRAN TAVAKOLDAVANI/Examiner, Art Unit 3763
/PAUL ALVARE/Primary Examiner, Art Unit 3763