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 .
Specification
The disclosure is objected to because of the following informalities:
The abstract of the disclosure is objected to because of legal phraseology Correction is required. See MPEP § 608.01(b).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means”, “said” and “comprising” should be avoided.
Claim Objections
Claim 16 is objected to because of the following informalities: “comprising the steps implementing” in ll. 3 should be rewritten to be -- comprising the steps: implementing --, and will be interpreted accordingly. Appropriate correction is required.
Claim 16 is objected to because of the following informalities: “thermal energy storages is at disposal to be used to heat” in ll. 12 should be rewritten to be -- thermal energy storages heats. Appropriate correction is required.
Claims 17-28 are objected to because of the following informalities: “A method” in ll. 1 should be rewritten to be – The method --, and will be interpreted accordingly. 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.
Claims 16-28 are rejected under 35 U.S.C. 112(b) 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.
Regarding Claim 16, the limitation “each heat storage is adapted to receive thermal energy from various forms of heat sources” in ll. 5 is indefinite, in context, since it cannot be discerned if the heat sources are of a varying type or of a varying number. The original disclosure defines the heat sources as “smaller supplementary power plants of various types along the district heating network 1”, wherein only a single type of heat source is provided. For Examination purposes and in accordance with the specification and drawings, “each heat storage is adapted to receive thermal energy from various forms of heat sources” will be interpreted as – each heat storage is adapted to receive thermal energy from various types of power plants --.
Regarding Claim 16, the limitation “the nested rings of boreholes providing a field of outwards successively diminishing temperature in the borehole thermal energy storage” in ll. 21 is indefinite, in context, since it cannot be discerned what specific temperature distribution is being claimed. Is the claim implying that only a one-way heat flux is allotted to the nested ring borehole configuration or rather that heat is only dissipated in an outward direction emanating from the center borehole? For Examination purposes and in accordance with the specification and drawings, “the nested rings of boreholes providing a field of outwards successively diminishing temperature in the borehole thermal energy storage” will be interpreted as – the nested rings of boreholes providing individual rings that successively extend in an outward manner, wherein the rings comprise a varying temperature for the borehole thermal energy storage --.
Regarding Claim 16, the limitation “each of the several nested rings of boreholes is adapted to connect to the district heating network and to the other rings of boreholes of the borehole thermal energy storage by at least one heat pump” in ll. 23 is indefinite, in context, since it cannot be discerned what specific connections are being performed. The original disclosure includes the boreholes in the district heating network, therefor it unclear as to what other connection is being claimed regarding the district heating network or rather are two separate and distinct connections being claimed. For Examination purposes and in accordance with the specification and drawings, “each of the several nested rings of boreholes is adapted to connect to the district heating network and to the other rings of boreholes of the borehole thermal energy storage by at least one heat pump” will be interpreted as – each of the several nested rings of boreholes is adapted to connect directly with the heat sources of the district heating network and to the other rings of boreholes of the borehole thermal energy storage by at least one heat pump --.
Regarding Claim 16, the limitation “heat sources may be found at different locations of or along the district heating network such” in ll. 7 is indefinite, in context, since it cannot be discerned if the heat sources are required to be found at different locations along the district heating network. For Examination purposes and in accordance with the specification and drawings, “heat sources may be found at different locations of or along the district heating network such” will be interpreted as – heat sources are found at different locations of the district heating network such --.
Regarding Claim 19, the limitation “each borehole thermal energy storage is adapted to connect to the district heating network by at least one heat pump” in ll. 1 is indefinite, in context, since it cannot be discerned what specific connections are being performed. The original disclosure includes the boreholes in the district heating network, therefor it unclear as to what connection is being claimed regarding the district heating network. For Examination purposes and in accordance with the specification and drawings, ““each borehole thermal energy storage is adapted to connect to the district heating network by at least one heat pump” will be interpreted as – “each borehole thermal energy storage is connected directly with the heat sources of the district heating network by at least one heat pump --.
Regarding Claims 22-24, the limitation “the temperature in a central location of the nested rings of boreholes forming the borehole thermal energy storage may at any moment be increased” is indefinite, in context, since it cannot be discerned if the temperature is required to be increased or rather if the step of increasing the temperature is being positively recited. For Examination purposes and in accordance with the specification and drawings, “the temperature in a central location of the nested rings of boreholes forming the borehole thermal energy storage may at any moment be increased” will be interpreted as – the temperature in a central location of the nested rings of boreholes forming the borehole thermal energy storage is increased --.
Regarding Claim 24, the limitation “the controller unit is adapted to apply a heat pump depending on the performance characteristics thereof” in ll. 9 is indefinite, in context, since it cannot be discerned what specific performance characteristics are being claimed. Further clarification is required-.
Regarding Claims 25-26, the limitation “a borehole thermal energy storage can be applied” is indefinite, in context, since it cannot be discerned if the application of the borehole thermal energy storage is being positively recited. For Examination purposes and in accordance with the specification and drawings, “a borehole thermal energy storage can be applied” will be interpreted as – a borehole thermal energy storage is applied --.
Regarding Claim 26, the limitation “the controller unit can be applied to either establish a connection directly between each one of the nested rings of boreholes” is indefinite, in context, since it cannot be discerned if the application of the controller unit is being positively recited. For Examination purposes and in accordance with the specification and drawings, “the controller unit can be applied to either establish a connection directly between each one of the nested rings of boreholes” will be interpreted as – the controller unit is applied to either establish a connection directly between each one of the nested rings of boreholes --.
Allowable Subject Matter
Claim 16 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 17-28 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL ALVARE whose telephone number is (571)272-8611. The examiner can normally be reached Monday-Friday 0930-1800.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at (571) 272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL ALVARE/ Primary Examiner, Art Unit 3763
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