DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Claim 1 is entitled to a priority date of November 16, 2019.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of US 11852043 in view of Apte et al. (hereafter “Apte” – US 2018/0179917). Although the claims at issue are not identical, they are not patentably distinct from each other as shown in the comparative table below:
Claim 1 of Instant Application
Claim 2 of 11852043
A pumped heat energy storage system, the system comprising:
a first working fluid path arranged to circulate a working fluid through, in sequence, a charge compressor system (130), a hot-side heat exchanger (“HHX”’) system (500), a recuperator heat exchanger (“RHX”’) system (400), a charge turbine system (140), a cold-side heat exchanger (“CHX”’) system (600), the RHX system, and back to the charge compressor system, wherein a first high-pressure leg comprises a portion of the first fluid path between an outlet of the charge compressor system and an inlet of the charge turbine system, and wherein a first low-pressure leg comprises a portion of the first fluid path between an outlet of the charge turbine system and an inlet of the charge compressor system;
a second working fluid path arranged to circulate a working fluid through, in sequence, a generation compressor system (230), the RHX system, the HHX system, a generation turbine system (240), the RHX system, the CHX system, and back to the generation compressor system, wherein a second high-pressure leg comprises a portion of the second fluid path between an outlet of the generation compressor system and an inlet of the generation turbine system, and wherein a second low-pressure leg comprises a portion of the second fluid path between an outlet of the generation turbine system and an inlet of the generation compressor system; and
an inventory control system (“ICS”) comprising:
a high-pressure tank system (320),
a low-pressure tank system (310),
a first valve (322) connected between the high-pressure tank system and at least one of the first low-pressure leg and the second low-pressure leg, and
a second valve (311) connected between the low-pressure tank system and at least one of the first high-pressure leg and the second high-pressure leg.
A pumped heat energy storage system, the system comprising:
a charge compressor system; a charge turbine system; a generation compressor system; a generation turbine system; a hot-side heat exchanger (“HHX”) system; a recuperator heat exchanger (“RHX”) system; a cold-side heat exchanger (“CHX”) system; a hot-side thermal storage (“HTS”) system; a cold-side thermal storage (“CTS”) system; a working fluid loop comprising: a first working fluid path arranged to circulate a working fluid through, in sequence, the charge compressor system, the HHX system, the RHX system, the charge turbine system, the CHX system, the RHX system, and back to the charge compressor system,
a second working fluid path arranged to circulate the working fluid through, in sequence, the generation compressor system, the RHX system, the HHX system, the generation turbine system, the RHX system, the CHX system, and back to the generation compressor system, and a third working fluid path arranged to recirculate at least a portion of the working fluid through the charge turbine system without circulating at least the portion of the working fluid through the CHX system, the RHX system, the charge compressor system, and the HHX system.
further comprising:
an inventory control system, wherein the inventory control system includes a valve system operable to direct the working fluid from at least one of the first working fluid path or the second working fluid path into at least one tank system,
wherein the valve system is further operable to add the working fluid from the at least one tank system to at least one of the first working fluid path or the second working fluid path.
As seen above, the underlined portions of the present claim correspond to the underlined portions of the US Patent. Claim 2 of the US Patent recites all the structure of the present claim 1, but differs in the recitation of a high-pressure tank system and a low-pressure tank system with their own valves, whereas the US Patent recites at least one tank system with associated valving. Apte (Figure 32) teaches a reversible pumped heat energy storage system (i.e. capable of charging and discharging) including a compressor/turbine (3103, 3105). Apte further teaches two storage tanks (3132, 3134) – one being at high pressure (3132, Paragraph 230), and another being at a lower pressure (3134, Paragraph 230), with both tanks having their own valves (3133, 3135, 3136, 3137). As per Apte, “inventory control with two tanks may improve the range of power outputs at which the system 3100 may operate. In discharge mode, variable pressure inventory control with two tanks may implemented for, among other things, load following and frequency regulation of the electricity generated by the system 3100” (Paragraph 247). MPEP 2143A teaches it is obvious to combine prior art elements according to known methods in order to yield predictable results. In this case, the use of two pressure tanks at different pressures is known in the art and it would have been obvious to one of ordinary skill in the art to modify the system of the US Patent such that the at least one tank system includes a high pressure and low pressure tank with their own associated valving connected to both the charging and discharging fluid paths to yield the predictable results described above.
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 of this title, 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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Lehar et al. (hereafter “Lehar” – US 2020/0248592) in view of Apte et al. (hereafter “Apte” – US 2018/0179917).
With regards to Claim 1:
Lehar discloses a pumped heat energy storage system (Figures 7, 8), the system comprising:
a first working fluid path arranged to circulate a working fluid (working fluid F, Paragraphs 57, 58) through, in sequence, a charge compressor system (compressor 21), a hot-side heat exchanger (“HHX”) system (heat exchangers 14, 15), a recuperator heat exchanger (““RHX”’) system (recuperator 27, 60), a charge turbine system (expander 23), a cold-side heat exchanger (“CHX”) system (heat exchanger 36, 49), the RHX system, and back to the charge compressor system (as seen in Figure 7), wherein a first high-pressure leg comprises a portion of the first fluid path between an outlet of the charge compressor system and an inlet of the charge turbine system (the fluid has been compressed and heated so it is at a “high” pressure, see Paragraph 57), and wherein a first low-pressure leg comprises a portion of the first fluid path between an outlet of the charge turbine system and an inlet of the charge compressor system (the fluid has been expanded and cooled so it is at a “low” pressure, see Paragraph 57); and
a second working fluid path arranged to circulate a working fluid (working fluid F, Paragraphs 57, 58) through, in sequence, a generation compressor system (compressor 64), the RHX system (recuperator 27, 60), the HHX system (heat exchanger 14, 15), a generation turbine system (expander 57), the RHX system, the CHX system (heat exchanger 36, 49), and back to the generation compressor system, wherein a second high-pressure leg comprises a portion of the second fluid path between an outlet of the generation compressor system and an inlet of the generation turbine system (the fluid has been compressed and heated so it is at a “high” pressure, see Paragraph 57), and wherein a second low-pressure leg comprises a portion of the second fluid path between an outlet of the generation turbine system and an inlet of the generation compressor system (the fluid has been expanded and cooled so it is at a “low” pressure, see Paragraph 57).
Lehar does not explicitly disclose an inventory control system (“ICS”) comprising: a high-pressure tank system, a low-pressure tank system, a first valve connected between the high-pressure tank system and at least one of the first low-pressure leg and the second low-pressure leg, and a second valve connected between the low-pressure tank system and at least one of the first high-pressure leg and the second high-pressure leg. Apte (Figure 32) teaches a pumped heat energy storage system including a compressor system (3103), a turbine system (3105), a HHX system (3107), a RHX system (3211), and a CHX system (3109). The pumped heat energy storage system comprises a first fluid path (Paragraph 223) when the system operates as a heat pump with a working fluid flowing through a similar sequence as recited during charging, and a second fluid path when the system operates as a heat engine (as shown in Figure 32) with the working fluid flowing through a similar sequence as recited during generation. Apte further teaches an inventory control system (“ICS”) comprising: a high-pressure tank system (high pressure tank 3132), a low-pressure tank system (intermediate pressure tank 3134), a first valve (valve 3136) connected between the high-pressure tank system and at least one of the first low-pressure leg and the second low-pressure leg, and a second valve (valve 3135) connected between the low-pressure tank system and at least one of the first high-pressure leg and the second high-pressure leg. These types of variable pressure inventory control systems “can be implemented to run the compressor and the turbine at a very low speed(s) to “leak” heat into or out of the heat exchangers to maintain a desired temperature profile in the heat exchangers that allows a fast transition to optimum operation in charge or discharge modes. For example, a power system may be operated in a quiescent mode such that the cycle is operated at a level sufficient to circulate working and/or thermal fluids, but is effectively generating no or negligible net electrical power. In the quiescent mode, variable pressure control inventory control described herein can be implemented to maintain desired mass flow rate in the closed cycle fluid path such that when the system transitions to, for example, discharge mode, the heat exchangers are already at or near operating temperatures” (Paragraph 269). Furthermore, “variable pressure inventory control with two tanks may improve the range of power outputs at which the system 3100 may operate” (Paragraph 247). MPEP 2143A teaches it is obvious to combine prior art elements according to known methods in order to yield predictable results. In this case, it would have been obvious to one of ordinary skill in the art to modify the system of Lehar by adding an inventory control system with two tanks as recited in order to yield the predictable benefits described above.
Inquiries
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAERT DOUNIS whose telephone number is (571)272-2146. The examiner can normally be reached on Mon. - Thurs: 10a - 4:30p.
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/Laert Dounis/
Primary Examiner, Art Unit 3746
Friday, October 10, 2025