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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-15 and 21-25 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites a solid-state heat pump "configured to generate heat for absorption into the thermal storage system and the heat distribution surface." The specification does not clearly describe a single solid-state heat pump simultaneously supplying heat for absorption into two distinct components. The written description must show the inventor possessed this configuration.
Claim 1 recites the limitation “a heat distribution surface comprising a first surface, a second surface opposing the first surface, and a plurality of cavities passing entirely through the heat distribution surface from the first surface to the second surface, the heat distribution surface being substantially L- shaped.” The originally filed specification does not reasonably convey possession of a heat distribution surface that is both (i) substantially L-shaped and (ii) includes a plurality of cavities passing entirely through the heat distribution surface from a first surface to a second surface in the same claimed structure.
Claim 21 recites “the one or more controllers are configured to provide a first signal that increases an electric current through and heat transfer across the solid-state heat pump of a temperature control unit proximate an individual in the environment, and provide a second signal that reduces an electric current through and heat transfer across the solid-state heat pump of a temperature control unit remote from the individual.” The originally filed specification does not reasonably convey possession of a control arrangement in which one or more controllers are configured to provide a first signal that increases current and heat transfer across a solid-state heat pump of a temperature control unit proximate an individual and also provide a second signal that reduces current and heat transfer across a different temperature control unit remote from the individual.
Claim 23 is a newly added independent claim directed to a thermal storage component as a standalone invention. The original specification must expressly describe the thermal storage component as independently claimable, separate from the system of claim 1. To the extent such description is absent, the claim lacks adequate written description support. In this case, the thermal storage component was described only as part of a larger system (e.g., as part of claim 1), moving it into a standalone independent claim (e.g., claiming the component generically) without prior indication that the component itself was a distinct invention is a "new matter" or lack of written description issue. See MPEP § 2163.03.
Claim 23 is rejected under 35 U.S.C. 112(a) to the extent the claim is interpreted to require the specific combination of one or more hollow regions, a thickness-differentiated outer shell, and a variable-thickness structural support profile in a standalone thermal storage component configured for use with the claimed distributed heating and cooling system, because the written description does not clearly show possession of that full combination as a distinct component claim.
Claims 2-15, 22, 24 and 25 are also rejected under 35 U.S.C. 112(a) for being dependent upon a rejected claim.
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 1-15 and 21-25 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.
Claim 1 recites the limitation “substantially L-shaped” is a term of degree without an objective standard in the specification for determining the metes and bounds of the claim. The phrase “localized around” is also indefinite because the claim fails to provide an objective spatial boundary for the allegedly localized area. See Interval Licensing LLC v. AOL, Inc., 766 F.3d 1364 (Fed. Cir. 2014).
Claim 1 recites substances of "high thermal storage capacity" without defining a threshold, unit of measurement, or comparative baseline. The term is purely relative. A skilled artisan cannot determine what level of thermal storage capacity satisfies this limitation.
Claim 7 recites that the plurality of cavities are "positioned remote from the air distribution module." The term "remote" is a relative spatial term with no defined reference distance or functional criteria. The metes and bounds of this limitation cannot be determined with reasonable certainty.
Claim 8 recites the phrase “extending between and parallel to the first surface and the second surface” is unclear as to the exact geometric relationship required.
Claim 12 recites :high thermal storage capacity” in line 2-3 renders the claim indefinite because it is unclear how it relates with the previously cited limitation “high thermal storage capacity” in line 7-8 of claim 1.
Claim 12 recites the limitation requiring an “outer shell having a first thickness at a surface adjacent the solid-state heat pump and a second thickness at a surface opposite the solid-state heat pump” together with “a structural support profile having a variable thickness” renders the claim indefinite because it fails to clearly define how the shell thickness and the support profile thickness relate to each other.
Claim 15 recites the limitation “an individual proximate the respective temperature control unit” renders the claim indefinite because the term “proximate” is relative term and lack an objective baseline.
Claim 21 recites a first signal for a unit "proximate an individual" and a second signal for a unit "remote from the individual." Renders the claim indefinite because neither term is defined with objective criteria. There is no defined distance, sensor threshold, or functional boundary that distinguishes proximate from remote in this context.
Claim 23 recites "the first surface being greater than the second thickness," render the claim indefinite because the limitation compare a surface to a thickness — two different dimensional properties, which renders the limitation nonsensical and indefinite.
Claim 23 is rejected under 35 U.S.C. 112(b) as indefinite for the same reasons as claim 12.
Claim 25 “the one or more substances of high latent heat capacity have a solid to liquid phase change between about 10 °C and about 34 °C” renders the claim indefinite because the phase-change range recitation, as presented is incomplete/unclear at the endpoint and therefore lacks precision.
Claims 2-6, 9-11, 13, 14 and 22 and 24 are also rejected under 35 U.S.C. 112(b) for being dependent upon a rejected claim.
Remark
It is noted that due to the scope of the 112 issues as discussed above, a prior art rejection has not been set forth at this time. However, the lack of a prior art rejection is not to be construed as an indication of allowable subject matter, and any amendments to the claims are subject to further search and/or consideration of the prior art.
Pertinent Arts
Bell (US 2008/0250794 A1);
Leimkuehler (US 8,342,454 B1);
Li et al. (US 2015/0035680 A1);
Cauchy (US 2017/0354190 A1);
Chang et al. (US 2012/0152511 A1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WEBESHET MENGESHA whose telephone number is (571)270-1793. The examiner can normally be reached Mon-Thurs 7-4, alternate Fridays, EST. 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, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/W.M/Examiner, Art Unit 3763
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763