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 1-14 are objected to because of the following informalities:
In claim 1, line 17 should read in part “a expander mechanically”. Appropriate correction is required.
In claim 1, line 21 should read in part “the expander mechanically”. Appropriate correction is required.
In claim 6, line 14 should read in part “a expander mechanically”. Appropriate correction is required.
In claim 6, line 17 should read in part “the expander mechanically”. Appropriate correction is required.
In claim 7, line 2 should read in part “the expander”. Appropriate correction is required.
In claim 8, line 2 should read in part “the expander”. Appropriate correction is required.
The Examiner notes that the objections are to align the language with the specification which discloses an “expander”.
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 8, and 13-14 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.
In Reference to Claim 8
The new matter not supported by the original specification is “wherein the turboexpander is configured to provide at least a portion of the mechanical energy required to operate the compressor during steady-state operation”. (emphasis added). Specifically, Applicant’s specification does not disclose mechanical energy is contingent upon steady state operating states of the system.
In Reference to Claim 13
The new matter not supported by the original specification is “wherein the introduction device is configured to regulate a mass flow rate of carbon dioxide introduced into the carbon dioxide flow path to maintain a target pressure within the subterranean reservoir”. Specifically, Applicant’s specification does not disclose mass flow rate control by the introduction device nor mass flow rate control in general.
In Reference to Claim 14
The new matter not supported by the original specification is “wherein the system is configured as a closed-loop carbon dioxide circulation system between the storage device and the retrieving device.”. Specifically, Applicant’s specification does not disclose whether the system is open loop or closed loop circulation system. Additionally, the Examiner notes that Applicant’s circulation system appears to disclose releasing carbon dioxide within a subterranean reservoir which contains other fluids which may entrain with the carbon dioxide from external to the reservoir (i.e.-the reservoir and loop is not closed). (See Applicant’s specification, Page 7, Lines 14-21).
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 5-10, and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al. (CN 113027713) in view of Hays (US 6,913,076).
In Reference to Claim 1
(See Jiang, Figure 1)
Jiang et al. (Jiang) discloses:
A system for utilising geothermal energy, comprising:
a storage device (2) configured to store carbon dioxide (See Jiang, Page 5, Lines 30-35 w/respect to carbon dioxide), which is present at a first temperature level and a first density level, in a subterranean reservoir (See Jiang, Page 4, Lines 40-64);
a retrieving device (4,7) configured to retrieve carbon dioxide, which is present at a second temperature level higher than the first temperature level and a second density level lower than the first density level from the subterranean reservoir (See Jiang, Page 6, Lines 1-33);
a heat pump (16) comprising:
a first heat exchanger (15) disposed in a carbon dioxide flow path (14) downstream of the retrieving device (4,7) and upstream of the storage device (2) and configured to transmit thermal energy of the carbon dioxide to a process medium of the heat pump (16) (See Jiang, Page 5, Lines 24-27);
an introduction device (1) configured to introduce carbon dioxide of a carbon dioxide source downstream of the retrieving device and upstream of the heat pump (16) into the system for the utilising geothermal energy. (See Jiang, Page 6, Lines 1-33);
Jiang discloses the claimed invention except:
a second heat exchanger configured to transmit thermal energy of a process medium of the heat pump to a consumer; a compressor configured to compress the process medium of the heat pump downstream of the first heat exchanger and upstream of the second heat exchanger; a motor configured to drive the compressor; and a turboexpander mechanically coupled to the compressor and configured to expand the process medium of the heat pump downstream of the second heat exchanger and upstream of the first heat exchanger; wherein the turboexpander is configured to supply at least a portion of mechanical energy to drive the compressor via the mechanical coupling.
Hays discloses an energy heat pump system. (See Hays, Abstract). Hays discloses a heat pump system utilizing waste heat with a second heat exchanger, a compressor driven by a motor and expander and the heat is to be used for a consumer (i.e.-building heating). (See Hays, Figures 1-2, Column 2, Line 16 – Column 3, Line 37 & Column 1, Lines 53-62 w/respect to additional loads). Additionally, Hays discloses using the expander to drive the compressor. (See Hays, Column 2, Lines 46-51).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the heat pump system(s) of Hays as the heat pump in Jiang, as both references are directed towards extracting heat from a ground source fluid using a heat pump. One of ordinary skill in the art would have recognized that using the heat pump of Hays would allow for utilizing the excess geothermal heat for heating of a building increasing the efficiency and versatility of the system. (See Hays, Column 1, Lines 53-62).
In Reference to Claim 5
(See Jiang, Figure 1)
The Jiang-Hays combination discloses:
further comprising: a pump (17) for the carbon dioxide connected between the heat pump (16) and the storage device (2). (See Jiang, Page 4, Lines 40-54).
In Reference to Claim 6
(See Jiang, Figure 1)
Jiang discloses:
A method for operating a system comprising:
storing by a storage device (2), gaseous and/or liquid carbon dioxide (See Jiang, Page 5, Lines 30-35 w/respect to carbon dioxide) in a subterranean reservoir (See Jiang, Page 4, Lines 40-64);
retrieving by a retrieving device (4,7), supercritical carbon dioxide from the subterranean reservoir (See Jiang, Page 6, Lines 1-33);
cooling by a first heat exchanger (15) of a heat pump (16), the supercritical carbon dioxide and/or the gaseous carbon dioxide; wherein the heat extracted in the first heat exchanger transmits thermal energy of the carbon dioxide downstream to a process medium of the heat pump. (See Jiang, Page 5, Lines 24-27);
Jiang discloses the claimed invention except:
a compressor configured to compress the heated process medium downstream of the first heat exchanger and upstream of a second heat exchanger: using a motor to drive the compressor; and expanding, by a turboexpander mechanically coupled to the compressor, and configured to expand the process medium downstream of the second heat exchanger and upstream of the first heat exchanger; wherein turboexpander supplies at least a portion of mechanical energy to the drive the compressor via the mechanical coupling.
Hays discloses an energy heat pump system. (See Hays, Abstract). Hays discloses a heat pump system utilizing waste heat with a second heat exchanger, a compressor driven by a motor and expander, and the heat is to be used for a consumer (i.e.-building heating). (See Hays, Figures 1-2, Column 2, Line 16 – Column 3, Line 37 & Column 1, Lines 53-62 w/respect to additional loads). Additionally, Hays discloses using the expander to drive the compressor. (See Hays, Column 2, Lines 46-51).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the heat pump system(s) of Hays as the heat pump in Jiang, as both references are directed towards extracting heat from a ground source fluid using a heat pump. One of ordinary skill in the art would have recognized that using the heat pump of Hays would allow for utilizing the excess geothermal heat for heating of a building increasing the efficiency and versatility of the system. (See Hays, Column 1, Lines 53-62).
In Reference to Claim 7
(See Jiang, Figure 1)
The Jiang-Hays combination discloses:
wherein the turboexpander and the compressor are mechanically coupled via a common shaft. (See Hays, Column 2, Lines 46-51).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the heat pump system(s) of Hays as the heat pump in Jiang, as both references are directed towards extracting heat from a ground source fluid using a heat pump. One of ordinary skill in the art would have recognized that using the heat pump of Hays would allow for utilizing the excess geothermal heat for heating of a building increasing the efficiency and versatility of the system. (See Hays, Column 1, Lines 53-62).
In Reference to Claim 8
(See Jiang, Figure 1)
The Jiang-Hays combination discloses:
wherein the turboexpander is configured to provide at least a portion of the mechanical energy required to operate the compressor during steady-state operation. (See Hays, Column 2, Lines 46-51).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the heat pump system(s) of Hays as the heat pump in Jiang, as both references are directed towards extracting heat from a ground source fluid using a heat pump. One of ordinary skill in the art would have recognized that using the heat pump of Hays would allow for utilizing the excess geothermal heat for heating of a building increasing the efficiency and versatility of the system. (See Hays, Column 1, Lines 53-62).
The Jiang-Hays combination discloses all of the structural limitations of claim 8, as best understood by Examiner. As all of the structural limitations are disclosed, “to provide at least a portion of the mechanical energy required to operate the compressor during steady-state operation” is capable of being executed. The recitation of the intended use of a claimed invention must result in a structural difference between the claimed invention as the prior art to patentably distinguish the claimed invention from the prior art. As the Jiang-Hays combination is capable of performing the intended use of the claimed invention, and the recitation of the intended use does not result in a structural difference, the Jiang-Hays combination discloses all of the limitations of claim 8.
In Reference to Claim 9
(See Jiang, Figure 1)
The Jiang-Hays combination discloses:
wherein the first heat exchanger (15) is disposed directly in a carbon dioxide reinjection flow path between the retrieving device (4,7) and the storage device (2). (See Jiang, Page 5, Lines 24-27).
In Reference to Claim 10
(See Jiang, Figure 1)
The Jiang-Hays combination discloses:
Wherein the first heat exchanger (15) is configured to cool the retrieved carbon dioxide such that a density of the carbon dioxide increases prior to storage in the subterranean reservoir. (See Jiang, Page 5, Lines 24-27).
The Examiner notes that the first heat exchanger (15) of the Jiang-Hays combination extracts heat from the carbon dioxide and thus provides cooling which increases the density of the carbon dioxide fluid.
In Reference to Claim 13
(See Jiang, Figure 1)
The Jiang-Hays combination discloses:
Wherein the introduction device (1) is configured to regulate a mass flow rate of carbon dioxide introduced into the carbon dioxide flow path to maintain a target pressure within the subterranean reservoir. (See Jiang, Page 6, Lines 50-53).
The Examiner notes that the injection device may include a pump (17) which is capable of regulating a mass flow rate of carbon dioxide introduced into the carbon dioxide flow path to maintain a target pressure within the subterranean reservoir.
The Jiang-Hays combination discloses all of the structural limitations of claim 13, as best understood by Examiner. As all of the structural limitations are disclosed, “is configured to regulate a mass flow rate of carbon dioxide introduced into the carbon dioxide flow path to maintain a target pressure within the subterranean reservoir” is capable of being executed. The recitation of the intended use of a claimed invention must result in a structural difference between the claimed invention as the prior art to patentably distinguish the claimed invention from the prior art. As the Jiang-Hays combination is capable of performing the intended use of the claimed invention, and the recitation of the intended use does not result in a structural difference, the Jiang-Hays combination discloses all of the limitations of claim 13.
In Reference to Claim 14
(See Jiang, Figure 1)
The Jiang-Hays combination discloses:
wherein the system is configured as a closed-loop carbon dioxide circulation system between the storage device and the retrieving device. (See Jiang, Figure 1, Page 4, Lines 40-54).
The Examiner notes that the system of Jiang and thus of the Jiang-Hays combination is a closed-loop system circulating carbon dioxide from the reservoir through the loop and returning the cooled carbon dioxide back to the subterranean reservoir.
Claim(s) 2-4 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al. (CN 113027713) in view of Hays (US 6,913,076), further in view of Saar et al. (US 2013/0043678).
In Reference to Claim 2
The Jiang-Hays combination discloses:
a turbine configured to expand a working fluid downstream of the retrieving device and upstream of the introduction device and convert thermal energy into mechanical energy and/or via a generator driven by the turbine, into electrical energy. (See Jiang, Page 5, Lines 6-22).
The Jiang-Hays combination discloses the claimed invention except:
a turbine configured to expand the carbon dioxide.
Saar et al. (Saar) discloses a geothermal energy generation system utilizing heat energy from an injection well. (See Saar, Abstract). Saar discloses directly expanding the hot carbon dioxide from a carbon dioxide heat storage reservoir well to generate mechanical and electrical energy. (See Saar, Paragraph [0074]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the turbine expansion of the hot carbon dioxide directly in the device of Jiang, as both references are directed towards geothermal energy generation systems utilizing heat energy from an injection well. One of ordinary skill in the art would have recognized that using the carbon dioxide from a native well and using an expansion device driven directly from the native carbon dioxide would result in a simpler system as a second working fluid is not required. Additionally one of ordinary skill in the art would have recognized that using the carbon dioxide as the working fluid would allow for sequestration of carbon dioxide. (See Saar, Paragraph [0078]).
In Reference to Claim 3
The Jiang-Hays combination as modified by Saar discloses:
a separating tank configured to separate liquid out of the carbon dioxide downstream of the retrieving device and upstream of the introduction device. (See Saar, Paragraphs [0112]-[0114]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the separation device of Saar as one of ordinary skill in the art would have recognized that utilized hot carbon dioxide from a native well would contain other native fluids and a separation device would allow for extraction and the benefit of use of the other native fluids in other systems and petroleum products. (See Saar, Paragraph [0114]).
In Reference to Claim 4
The Jiang-Hays combination as modified by Saar discloses:
Wherein the separating tank is connected between the retrieving device and the turbine. (See Saar, Paragraph [0115] w/respect to upstream).
In Reference to Claim 11
The Jiang-Hays combination discloses:
Using carbon dioxide as the working fluid. (See Jiang, Page 5, Lines 30-35 w/respect to carbon dioxide).
The Jiang-Hays combination discloses the claimed invention except:
Wherein the carbon dioxide flowing in the carbon dioxide flow path is in a supercritical state at least downstream of the retrieving device.
Saar discloses a geothermal energy generation system utilizing heat energy from an injection well. (See Saar, Abstract). Saar discloses using supercritical carbon dioxide as the working fluid in the subterranean reservoir for extracting heat. (See Saar, Paragraph [0077]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the carbon dioxide in a supercritical carbon dioxide state as taught by Saar, as both references are directed towards geothermal energy generation systems utilizing heat energy from an injection well. One of ordinary skill in the art would have recognized that supercritical carbon dioxide has increased density which would increase system efficiency. (See Saar, Paragraph [0077]).
In Reference to Claim 12
(See Jiang, Figure 1)
The Jiang-Hays combination as modified by Saar discloses:
Wherein the first heat exchanger (15) is configured to cool the supercritical carbon dioxide (See Saar, Paragraph [0077]) to increase a density of the carbon dioxide prior to storage in the subterranean reservoir. (See Jiang, Page 5, Lines 24-27 & See Jiang, Page 4, Lines 40-64).
The Examiner notes that the first heat exchanger (15) of the Jiang-Hays combination extracts heat from the carbon dioxide and thus provides cooling which increases the density of the carbon dioxide fluid.
Response to Arguments
Applicant's arguments filed 25 June 2026 have been fully considered but they are not persuasive.
In response to Applicant’s arguments that the Jiang-Hays combination does not disclose a heat pump in the working fluid flow and that the Jiang-Hays combination requires incorporating a separate thermodynamic cycle, the Office respectfully disagrees.
Applicant argues that that the Jiang-Hays combination does not disclose a heat pump in the working fluid flow and that the Jiang-Hays combination requires incorporating a separate thermodynamic cycle. Jiang discloses a heat exchanger (15) which is mounted directly in the carbon dioxide flow path and receives heat from the carbon dioxide flow path. (See Jiang, Figure 1, Page 5, Lines 24-27). Jiang explicitly discloses that this heat exchanger is part of a heat pump system used to extract this additional heat. (See Jiang, Page 5, Lines 24-27 w/respect to “heat pump”). Jiang does not disclose the particulars of the structure of the heat pump used to extract this heat. Heat pump systems are well-known in the art utilizing a hot and cold side and a compressor and expander to effectively pump heat from heat exchanger to another. Hays discloses an energy heat pump system with these well-known elements. (See Hays, Abstract). Hays discloses a heat pump system utilizing waste heat with a second heat exchanger, a compressor driven by a motor and expander and the heat is to be used for a consumer (i.e.-building heating). (See Hays, Figures 1-2, Column 2, Line 16 – Column 3, Line 37 & Column 1, Lines 53-62 w/respect to additional loads). Additionally, Hays discloses using the expander to drive the compressor. (See Hays, Column 2, Lines 46-51). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the heat pump system(s) of Hays as the heat pump in Jiang, as both references are directed towards extracting heat from a ground source fluid using a heat pump. One of ordinary skill in the art would have recognized that using the heat pump of Hays would allow for utilizing the excess geothermal heat for heating of a building increasing the efficiency and versatility of the system. (See Hays, Column 1, Lines 53-62). For clarity, in the Jiang-Hays combination, the first heat exchanger (15) of Jiang is mounted within the flow of carbon dioxide working fluid and exchanges heat with a heat pump schematically indicated by notation (16). Hays discloses a heat pump system which extracts heat from a warm side heat exchanger (heat exchanger 15 of Jiang) and utilizes a turboexpander mechanically connected to a compressor and a heat pump working fluid to move the heat from the heat exchanger (15) for use in heating a building. (See Jiang, Figure 1). Accordingly, the Jiang-Hays combination discloses a heat exchanger disposed in a carbon dioxide flow path which provides heat to a process medium of the heat pump.
In response to Applicant’s arguments that Hays does not disclose or suggest a mechanical coupling within a geothermal carbon dioxide circulation system, nor coupling in a system in which a heat pump exchanges thermal energy with a separate carbon dioxide reservoir flow prior to reinjection, the Office notes applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). As noted above, Jiang discloses a relationship between the carbon dioxide circulation system and a heat exchanger which exchanges heat with a heat pump and thus the Jiang-Hays combination discloses all of the features of the claimed invention. (See claim 1 rejection above).
In response to Applicant’s arguments that the rationale of combining is not tied to the specific problem addressed by the present invention. The Examiner reiterates that Jiang already contemplates extracting remaining heat from the carbon dioxide (i.e.-conditioning) using a heat exchanger connected to a heat pump. Additionally, the Jiang-Hays combination would increase the versatility and efficiency of the system by utilizing this heat which is extracted from the carbon dioxide stream for the purpose of building heating. (See Hays, Column 1, Lines 53-62).
In response to Applicant’s arguments that the claimed system is in a supercritical state at least upon retrieval and is cooled to increase a density of the carbon dioxide and Hays does not address this thermodynamic behavior, the Office notes applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In response to Applicant’s arguments that the Jiang-Hays combination requires impermissible hindsight reconstruction, the Office respectfully disagrees.
Applicant argues that the Jiang-Hays combination requires impermissible hindsight reconstruction. Specifically, Applicant argues that the claimed invention requires special carbon dioxide conditioning prior to reinjection and to combine Hays and Jiang would require impermissible hindsight reconstruction. However, as noted above, the system of Jiang alone discloses utilizing a heat exchanger directly in the flow of carbon dioxide to provide heat for a heat pump prior to reinjection of the carbon dioxide. (See Jiang, Page 5, Lines 24-27 w/respect to “heat pump”). Said heat pump will remove heat from the carbon dioxide stream and thus affect the thermodynamic state of the fluid. Additionally, as noted above, Hays discloses a closed system heat pump (i.e.-utilizing a process medium) which exchanges heat with a heat exchanger mounted in a flow of fluid. Accordingly, as noted in the rejections of claims 1 and 6 respectively above, Hays discloses a heat pump system utilizing waste heat with a second heat exchanger, a compressor driven by a motor and expander and the heat is to be used for a consumer (i.e.-building heating). In other words, Jiang discloses a heat pump system extracting heat from a heat exchanger mounted within the flow of the carbon dioxide but is silent as to the particulars of the closed loop heat pump structure which extracts this heat and connected to the heat exchanger. Hays discloses the particulars of a closed loop heat pump system utilizing a process medium to pump heat from a heating medium. Accordingly, the Jiang-Hays combination does not require impermissible hindsight reconstruction at least as Jiang alone contemplates using a heat pump to extract the heat from the heat exchanger within the carbon dioxide fluid stream prior to reinjection.
In response to Applicant’s arguments that Hays fails to account for the fundamentally different thermodynamic behavior of carbon dioxide and that the system of Hays does not address the unique properties of carbon dioxide, the Office notes applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Additionally, the Examiner notes that Hays discloses a heat pump which extracts heat from a warm and/or hot fluid and Hays is not relied upon for addressing thermodynamic behaviors of carbon dioxide. Instead, the Jiang reference discusses extracting remaining heat from the carbon dioxide stream using a heat pump system. Hays discloses a heat pump system which extracts remaining heating for a warm fluid for use in building heating. Accordingly, the Jiang-Hays combination discloses all of the claimed features of the invention.
In response to Applicant’s arguments that Hays does not suggest or teach managing density of supercritical carbon dioxide and that adapting Hays to such a system would require substantial redesign, the Office respectfully disagrees.
Applicant argues that Hays does not suggest or teach use within a carbon dioxide or geothermal reservoir system, nor suggests managing density of supercritical carbon dioxide. However, the Examiner notes Hays discloses extracting heat from a hot fluid source using a heat pump to supply heat to a building source. Hays is required to contemplate all possible sources of waste heat. In the rejection of claims 1 and 6, respectively, Jiang discloses utilizing remaining waste heat of a carbon dioxide subterranean power generation system by utilizing a heat pump. Additionally, the Jiang-Hays combination will extract heat from the carbon dioxide stream and thus alters the density of the carbon dioxide stream. The Examiner notes that the claims do not require specific amounts of temperature changes and/or specific value increases in density, but instead merely recite the result of extracting heat (i.e.-cooling) the carbon dioxide increases the density of the carbon dioxide.
In response to Applicant’s arguments that Hays is non-analogous art, the Office respectfully disagrees. Specifically, Applicant argues that Hays is an engine based waste heat recovery system. However, the Examiner finds no mention of engine based waste heat recovery in the prior art of Hays. Instead, Hays is directed towards waste heat extraction from heat of a fluid which is normally discarded or reheated after its initial use. (See Hays, Column 1, Lines 10-16). Jiang discloses utilizing a heat pump to capture the waste heat of the carbon dioxide fluid prior to reinjection/reheating. (emphasis added). (See Jiang, Page 5, Lines 24-27). Therefore, not only is Hays an analogous art but a heat pump system of Hays is already contemplated by the system of Jiang to utilize waste heat in the carbon dioxide working fluid of the geothermal system.
In response to Applicant’s arguments that reiterate previously stated arguments regarding “rationale for combining” and application of Jiang in view of Hays with respect to the separate heat pump loops, the Examiner refers to the responses previously noted above.
In response to Applicant’s arguments that Hays does not disclose a turboexpander mechanically coupled to the compressor in a manner integrated within a geothermal carbon dioxide loop, the Office respectfully disagrees.
Applicant argues that Hays does not disclose a turboexpander mechanically coupled to the compressor in a manner integrated within a geothermal carbon dioxide loop. As noted above, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). However, the Jiang-Hays combination discloses a heat pump which exchanges heat using a heat exchanger within the flow of carbon dioxide of the geothermal carbon dioxide loop. (See Jiang, Page 5, Lines 24-27 w/respect to “heat pump”). Hays discloses a heat pump which utilizes waste heat from a fluid to supply heat to a building for heating. (See Hays, Figures 1-2, Column 2, Line 16 – Column 3, Line 37 & Column 1, Lines 53-62 w/respect to additional loads). In other words, Jiang discloses a heat pump which extracts residual waste heat from the carbon dioxide geothermal loop, but is silent as to the particulars of the heat pump structure. Heat pumps are well known in the art to utilize compressors, expanders, motors, and heat exchangers to pump heat from one source to another. Hays discloses the particulars of a heat pump which extracts waste heat from a fluid source and utilizes this normally wasted heat for building heating. Accordingly, one of ordinary skill in the art would have understood that such a heat pump could be used as the heat pump of Jiang to pump residual waste heat from the carbon dioxide stream heat a building and increase the versatility and efficiency of the system. (See Hays, Column 1, Lines 53-62). Further, Hays discloses the heat pump utilizes a compressor and expander mechanically coupled to perform the heat pump task of pumping heat from the waste heat fluid. (See Hays, Column 2, Lines 46-51).
For at least these reasons the rejections of claims 1-14 are maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW THOMAS LARGI whose telephone number is (571)270-3512. The examiner can normally be reached 8:00 - 4:00 M-F.
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/MATTHEW T LARGI/Primary Examiner, Art Unit 3746
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