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 1-10, 12-22 are objected to because of the following informalities: “Thermal energy storage system” and “Method of assembling” lack articles (“A”/”The”). 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 1-10, 12-22 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the recitation “wherein the extruded coil has a height of 1-4 mm and a width of 10-2000 mm and provides an upper surface and a lower surface each having the width and a length equal to a total length of the coil” is unclear. Specifically, it is unclear how the upper and lower surface have a width and a length equal to a total length of the coil, or how this is calculated. It rather appears that the length of the surfaces would be by definition equal to 2x the length of the coil (as they run along entire length on each side). Additionally, it is unclear how the widths of the surfaces affect the length of the coil in any way.
Regarding claim 2, the recitation “each coil” is unclear, as only one coil is previously recited, while “each” implies more than one.
Claims 2-10 and 12-22 are rejected for their dependency.
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(s) 1-7, 9-10, 13-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoerz (WO9953258A1) in view of Nishikawa (US20040069477A1).
Regarding claim 1, Hoerz teaches a thermal energy storage system (see Fig. 1-3/5) comprising: a container (11) forming an inner volume; a continuous heat exchange coil (undulating shapes 5 of multi-chamber tube 7) located inside the container, wherein the coil has been extruded throughout its length, the heat exchange coil configured to internally transport a coil fluid; an inlet (inlet 2 of collector 12) fixed to a wall of the container, the inlet being in fluid connection with the coil; an outlet (outlet 3 of other collector 12) fixed to a wall of the container, the outlet being in fluid connection with the coil; wherein the inner volume is at least partly filled with a phase change material surrounding at least a part of the coil; wherein the extruded coil provides an upper surface and a lower surface each having the width and a length equal to a total length of the coil (see surfaces and lengths/widths thereof); wherein the extruded coil comprises a profile and an array of internal channels for transporting the coil fluid; and, as a result of the internal channels, the profile obtains: a thickness parameter (see thickness thereof in Fig. 5) above and below each internal channel to a perimeter of the coil profile, the thickness parameter providing a thermal conducting distance and rigidness to the coil; and intermediate sections having a width and the height between the internal channels (see intermediate sections of multi-chamber tube 7); wherein, from a side-on point of view of the thermal energy storage system, the extruded coil is serpentine-shaped or S-shaped having (see undulating shape 5): at least two curved sections, wherein all of the curved sections have a radius of curvature; the at least two curved sections turn 180 degrees forming at least three straight portions of the coil that run in parallel with a constant distance between each other.
The recitation "extruded" is considered to be a product by process limitation. MPEP 2113 clearly states "Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different processes." In this instance, the product taught by Hoerz is the same as or makes the product claimed obvious, meeting the limitation of the claim.
Hoerz does not teach wherein the extruded coil has a height of 1-4 mm and a width of 10-2000 mm.
Nishikawa teaches wherein the extruded coil (extruded - ¶[0014]) has a height of 1-4 mm (see overlapping range of 0.5 - 1.5 mm - ¶[0026]) and a width of 10-2000 mm (see range of 10-20 mm).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Hoerz to include the tube dimensions of Nishikawa, in order to provide a tube with excellent heat exchanging performance (¶[0024]).
Regarding claim 2, Hoerz teaches the limitations of claim 1, and Hoerz as modified further teaches a first header (12) extending along an axis and comprising the inlet (2); a second header (12) extending along an axis and comprising the outlet; wherein the coil (5) is connected at a first end to a respective port of the first header and at a second end to a respective port of the second header; wherein each coil is in fluid communication with the first and second header; wherein the first end of the coil extends longitudinally along the axis; and wherein the second end of the coil extends longitudinally along the axis.
Regarding claims 3-4, Hoerz teaches the limitations of claim 1/2, and Hoerz as modified further teaches a plurality of coils (5) wherein the coils have a distance between each other (see distance therebetween).
Regarding claim 5, Hoerz teaches the limitations of claim 1, and Hoerz as modified further teaches the inlet (2) and the outlet (3) are accessible outside the container (11); and wherein the inlet and the outlet are connected to the same wall of the container.
Regarding claim 6, Hoerz teaches the limitations of claim 1, and Hoerz as modified further teaches each coil extends and runs along a horizontal plane of the container (see extension in a horizontal plane, it is also noted that the container 11 could also be oriented in any particular manner).
Regarding claim 7, Hoerz teaches the limitations of claim 1, and Hoerz as modified further teaches wherein each coil extends and runs along a vertical plane of the container (see extension in a vertical plane, it is also noted that the container 11 could also be oriented in any particular manner).
Regarding claim 9, Hoerz teaches the limitations of claim 1, and Hoerz as modified further teaches each internal channel has a round, elliptical, rectangular or square cross-section (see rectangular cross section of multi-chamber tubes 7).
Regarding claim 10, Hoerz teaches the limitations of claim 1, and Hoerz as modified further teaches each coil has a width to height ratio between 3:1 and 2000:1 (approx. 14:1, using values h=1.15 mm and W=16 mm ¶[0085] - Nishikawa).
Regarding claim 13, Hoerz teaches the limitations of claim 1, and Hoerz as modified further teaches each coil has a height to thickness ratio between 2:1 and 20:1 (approx. 19:1 using h=1.15 mm and ta=.06 mm - ¶[0085] – Nishikawa).
Regarding claim 14, Hoerz teaches the limitations of claim 1, and Hoerz as modified further teaches the ratio between a summarized cross-sectional area of the internal channels and a cross-sectional coil area and is between 1:4 and 4:1 (1:2.8 using values of Ac & At 6.5 mm^2 & 18 mm^2 ¶[0085] - Nishikawa).
Regarding claim 15, Hoerz teaches the limitations of claim 1, and Hoerz as modified further teaches each coil is made of aluminium or an aluminium alloy (aluminum ¶[0014] – Nishikawa).
Regarding claims 16-17, Hoerz teaches the limitations of claim 1, and Hoerz further teaches the coil fluid is a gas such as air, steam, CO.sub.2, butane, propane, ammonia or a combination of the former, or the coil fluid is a liquid such as water, glycol, CO.sub.2, ammonia, butane, oil, propane or a combination of the former. The recitations: “the coil fluid is a gas such as air, steam, CO.sub.2, butane, propane, ammonia or a combination of the former” and “the coil fluid is a liquid such as water, glycol, CO.sub.2, ammonia, butane, oil, propane or a combination of the former.” are considered to be statements of intended use. The applicant is reminded that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claim, as is the case here; refer to MPEP 2114(II). In the instant case, the intended working fluid to flow through the inlet to outlet of the heat exchanger does not impart structure to the claim beyond a heat exchanger capable of flowing such fluids.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoerz (WO9953258A1) in view of Nishikawa (US20040069477A1) and Saeed (US20220146210A1).
Regarding claim 8, Hoerz as modified teaches the limitations of claim 1, and Hoerz does not teach the phase change material is paraffin.
Saeed teaches the phase change material is paraffin (¶[0146]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Hoerz to include wherein the phase change material is paraffin as taught by Saeed, in order to provide a PCM with long term stability, high latent heat, and non-corrosiveness (¶[0146]).
Claim(s) 12, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoerz (WO9953258A1) in view of Nishikawa (US20040069477A1) and Ito (JP2576197B2).
Regarding 12, Hoerz teaches the limitations of claim 1, and Hoerz does not teach the radius of curvature is 5-25 mm.
Ito teaches the radius of curvature is 5-25 mm (R =7-9 mm Page 2 & Fig. 1).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Hoerz to include the radius of curvature of Ito, in order to provide improved heat transfer (Page 2).
Regarding claims 19-20, Hoerz teaches the limitations of claim 1, and Hoerz does not teach a method of manufacturing the heat exchange coil according to claim 1, by extrusion; wherein the method comprises a step of bending the coil to form the plurality of curved sections, wherein the coil is extruded in aluminium or an aluminium alloy.
Ito teaches a method of manufacturing the heat exchange coil according to claim 1, by extrusion; wherein the method comprises a step of bending (bending – Page 2) the coil to form the plurality of curved sections, wherein the coil is extruded (extruding aluminum – Page 2) in aluminium or an aluminium alloy.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Hoerz to include the method of manufacturing of Ito, as it has been held obvious to try when choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (see MPEP 2143). In the instant case, such a method of manufacturing is, as evidenced by Ito, suitable for constructing such an undulating shaped heat exchanger.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoerz (WO9953258A1) in view of Nishikawa (US20040069477A1) and Garcia Alonso (ES2683884B1).
Regarding claim 18, Hoerz teaches the limitations of claim 1, and Hoerz does not at least one sensor is connected to an external surface along the width of the coil.
Garcia Alonso teaches one sensor is connected to an external surface along the width of the coil (temperature probe 7 on outer surface of tube 6.1)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Hoerz to include the temperature sensor of Garcia Alonso on the outer width of the coil, in order to monitor the temperature of the PCM for maintenance and operation decisions (Page 4).
Claim(s) 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoerz (WO9953258A1) in view of Nishikawa (US20040069477A1), Ito (JP2576197B2) and Bauke (DE102019001308A1).
Regarding claim 21-22, Hoerz teaches the limitations of claim 1, and Hoerz does not teach comprising the steps of: providing at least one heat exchange coil; placing at least one heat exchange coil at least partly within the container and submerging at least part of the heat exchange coil in phase change material; bringing each heat exchange coil in fluid connection with a coil fluid inlet and a coil fluid outlet so that a coil fluid may run through each coil from the inlet to the outlet and further comprising: providing a first header and a second header; connecting a first end of each coil to a respective port of the first header; connecting a second end of each coil to a respective port of the second header; wherein the coils and the headers are pre-assembled as a separate assembly before it is placed within the container.
Bauke teaches he steps of: providing at least one heat exchange coil; placing at least one heat exchange coil at least partly within the container (pipe registers inserted – Page 9) and submerging (filling of the latent medium – Page 3) at least part of the heat exchange coil in phase change material; bringing each heat exchange coil in fluid connection with a coil fluid inlet and a coil fluid outlet so that a coil fluid may run through each coil from the inlet to the outlet and further comprising: providing a first header and a second header (brine Page 5 via 13 & 14); connecting a first end of each coil to a respective port of the first header; connecting a second end of each coil to a respective port of the second header; wherein the coils and the headers are pre-assembled as a separate assembly before it is placed within the container (see assembly of Fig. 2, which is inserted into container 1).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Hoerz to include the steps of Bauke, in order to install the elements separately quickly and easily (Page 3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S RUPPERT whose telephone number is (571)272-9911. The examiner can normally be reached Monday - Friday 8 am - 4 pm.
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/ERIC S RUPPERT/Primary Examiner, Art Unit 3763
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