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 (claims 2-5, 7, and 16), and species B (Fig. 2) in the reply filed on 12/23/2025 is acknowledged.
Claim Rejections - 35 USC § 112(b)
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 1-5, 7, and 16 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.
The terms “low” and “high” in claim 1 are relative terms which renders the claim indefinite. The terms “low” and “high” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In the instant case, it is not clear how low or high the pressure should be in order to be considered low pressure or high pressure.
Claim 7 recites “the at least one first cavity part and/or the at least one second cavity part are funnel shaped.” The “and/or” statement makes the claim indefinite and unclear because it is not clear if the claim requires both “the at least one first cavity part” and “the at least one second cavity part” to be funnel shaped” or just one of them.
Any and all claims rejected herein under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, if rejected with art below under sections 35 U.S.C. 102 and/or 35 U.S.C. 103, are rejected as best understood.
Claims 2-5 and 16 are rejected due to their dependency from a previously rejected claim.
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.
(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 1-5, 7, and 16 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Koschel (US 2021/0239088).
With regard to claim 1, Koschel discloses a system for generating electricity from a fluid comprising: a wing profile structure (105) comprising a first side (the side where 110 is located) configured to generate a low pressure (note that low is a subjective and relative term. It is low pressure by virtue of being near or at the trailing edge, and also by virtue of having outlets located there), from the fluid that passes along the wing profile, and a second side (the side where 108 is located) configured to generate a high pressure (note that high is a subjective and relative term. It is high pressure by virtue of being near or at the leading edge, and also by virtue of having inlets located there) from the fluid that passes along the wing profile, wherein the first side comprises at least one first aperture (110); the second side comprises at least one second aperture (108); between the at least one first aperture and the at least one second aperture, a fluid connection is provided through the wing profile structure (Fig. 7, 9); and between the at least one first aperture and the at least one second aperture an electricity generating device (101) is positioned such that fluid flowing from the second side to the first side through the fluid connection passes the electricity generating device (Fig. 7, 9), which is configured to generate electricity from the fluid that passes from the second aperture to the first aperture via the fluid connection through the wing profile structure ([0055)].
With regard to claim 2, Koschel further discloses that the fluid connection is formed by a cavity inside of the wing profile structure (Fig. 7, 9).
With regard to claim 3, Koschel further discloses that the electricity generating device is positioned inside of the cavity (Fig. 7, 9).
With regard to claim 4, Koschel further discloses that the cavity comprises at least one first cavity part between the at least one first aperture and the electricity generating device, and at least one second cavity part between the at least one second aperture and the electricity generating device (Fig. 7, 9).
With regard to claim 5, Koschel further discloses that the cavity forms a passage enclosing the electricity generating device such that all fluid flowing from the at least second aperture to the at least first aperture passes the electricity generating device (Fig. 7, 9).
With regard to claim 7, Koschel further discloses that the at least one first cavity part and/or the at least one second cavity part are funnel shaped tapering towards a passage of the cavity containing the electricity generating device (Fig. 7, 9).
With regard to claim 16, Koschel further discloses that the electricity generating device is in a sealed configuration in the cavity (Fig. 7, 9).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the attached form PTO-892 for pertinent prior art disclosing similar systems such as US 7605491.
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/BEHNOUSH HAGHIGHIAN/
Examiner
Art Unit 3745
/COURTNEY D HEINLE/Supervisory Patent Examiner, Art Unit 3745