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 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.
Claim 42 and depending claims 43-51 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 pre-AIA the applicant regards as the invention.
Claim 42 recites “header pipe” in last paragraph. It is not clear the bolded limitation refers to which header pipe, inlet or outlet header pipe, therefore the bolded phrase makes the claimed limitations indefinite.
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, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 42-45, 49-51 are rejected under 35 U.S.C. 103 as being unpatentable over De (2023/0194188 A1), in view of Rilby (2019/0383276 A1), and in view of Coleman (10401876 B1).
Claim 42: De discloses a thermal energy storage system (FIG.1) comprising:
a container (tank 101) defining an interior volume filled with a phase change material (paragraph [25]: phase change material in contact with tubing);
a heat exchanger (102; paragraph [39]: heat exchanger has fins) disposed within the container (101), the heat exchanger (102) comprising
an inlet header pipe (inlet header pipe arrow shown in FIG.2);
an outlet header pipe (outlet header pipe arrow shown in FIG.2); and
a plurality of plates (parallel plates 701) embedded in the phase change material and arranged in parallel to one another within the container (101),
each plate of the plurality of plates (701) being separately connected in fluid communication with the inlet header pipe (inlet header pipe arrow shown in FIG.2) by and each plate of the plurality of plates (701) being separately connected in fluid communication with the outlet header pipe (outlet header pipe arrow shown in FIG.2) whereby fluid flow through each plate of the plurality flows only through that plate in flowing between the inlet header pipe (inlet header pipe arrow shown in FIG.2) and the outlet header pipe (outlet header pipe arrow shown in FIG.2), the fluid flow through the plurality of the plates of the heat exchanger (102) being in parallel;
wherein each of the plurality of plates (701) comprises from the inlet header pipe (inlet header pipe arrow shown in FIG.2) to the outlet header pipe (outlet header pipe arrow shown in FIG.2), and
the header pipe (i.e., header pipe arrow shown in FIG.2) to which it is connected and each header pipe is configured for capping at the disconnect, whereby each damaged plate is removable in situ (i.e., functional language, intended use).
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De discloses the claimed limitations in claim 42, but fails to disclose a respective flexible conduit, wherein each said flexible conduit is configured for disconnect and removal from the plate, a first inflated region defining a first plurality of parallel interior fluid flow channels, the fluid flow through the first plurality of the parallel channels of the first inflated region being in parallel; a second inflated region defining a second plurality of parallel interior fluid flow channels from the inlet header pipe to the outlet header pipe, the fluid flow through the second plurality of the parallel channels of the second inflated region being in parallel, the fluid flow through the second inflated region being in parallel to the fluid flow through the first inflated region;
However, Rilby teaches a respective flexible conduit (paragraph [40]: flexible pipes forming conduits), wherein each said flexible conduit (paragraph [40]) is configured for disconnect and removal from the plate (functional language, intended use) for the purpose of reducing the complexity in systems for pipes requiring more complex joints and connections (paragraph [40]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the apparatus of De to include a respective flexible conduit, wherein each said flexible conduit is configured for disconnect and removal from the plate as taught by Rilby in order to reduce the complexity in systems for pipes requiring more complex joints and connections.
Further, Coleman teaches a first inflated region (column 21 lines 21-33: thermally insulating channels inflate due to air pumped through channels to inflate) defining a first plurality of parallel interior fluid flow channels (a plurality of parallel fluid channels 2001), the fluid flow through the first plurality of the parallel channels (a plurality of parallel fluid channels 2001) of the first inflated region (column 21 lines 21-33: thermally insulating channels inflate due to air pumped through channels to inflate) being in parallel (see FIG.20);
a second inflated region (column 21 lines 21-33: thermally insulating channels inflate due to air pumped through channels to inflate) defining a second plurality of parallel interior fluid flow channels (a plurality of parallel fluid channels 2001), the fluid flow through the second plurality of the parallel channels of the second inflated region being in parallel (i.e., see FIG.20), the fluid flow through the second inflated region (column 21 lines 21-33: thermally insulating channels inflate due to air pumped through channels to inflate) being in parallel to the fluid flow through the first inflated region (column 21 lines 21-33: thermally insulating channels inflate due to air pumped through channels to inflate) for the purpose of improving thermal resistance.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the apparatus of De to include a first inflated region defining a first plurality of parallel interior fluid flow channels, the fluid flow through the first plurality of the parallel channels of the first inflated region being in parallel; a second inflated region defining a second plurality of parallel interior fluid flow channels from the inlet header pipe to the outlet header pipe, the fluid flow through the second plurality of the parallel channels of the second inflated region being in parallel, the fluid flow through the second inflated region being in parallel to the fluid flow through the first inflated region as taught by Coleman in order to improve thermal resistance.
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Claim 43: De as modified discloses the apparatus as claimed in claim 42, wherein at least one of the plurality of plates (De, 701) has a double inflated channel (Coleman taught inflated channels, except for a double inflated channel. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the apparatus of Coleman to include a double inflated channel in order to improve thermal resistance, since it has been held that mere duplication of the essential working parts of a known device involves only routine skill in the art Duplication of parts: MPEP 2144.04 VI-B).
Claim 44: De as modified discloses the apparatus as claimed in claim 42, wherein at least one of the plurality of plates (De, 701) has a flat side and an opposite (De, paragraph [75]: parallel flat plates), inflated channel side (Coleman, inflated channels).
Claim 45: De as modified discloses the apparatus as claimed in claim 42, wherein the plates of the plurality (De, 701) are separated from one another by an average distance of between 0.75 and 1.5 inches (De, as modified discloses plates, except for separated from one another by an average distance of between 0.75 and 1.5 inches. 20It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the apparatus of De to include separated from one another by an average distance of between 0.75 and 1.5 inches in order to enhance thermal capacity of the heat exchanger, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only skill in the art Optimum Range: MPEP 2144.05 II-A).
Claim 49: De as modified discloses the apparatus as claimed in claim 42, wherein each of the plurality of plates (701) have two heat transfer surfaces (inherent) in facing opposition to one another (see FIG.7), the two heat transfer surfaces being joined to one another and defining therebetween the interior fluid flow channels (see FIG.7).
Claim 50: De as modified discloses the apparatus as claimed in claim 42, wherein the phase change material (paragraph [25]: phase change material in contact with tubing) is in direct physical contact with the heat exchange surfaces (inherent) of the embedded plates (701).
Claim 51: De as modified discloses the apparatus as claimed in claim 42, further comprising a plurality of plate spacers (cells zones 104 used as plate spacers) for maintaining the arrangement of the plurality of plates (701) within the container (101).
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Claims 46, 47 are rejected under 35 U.S.C. 103 as being unpatentable over De (2023/0194188 A1), in view of Rilby (2019/0383276 A1), in view of Coleman (10401876 B1), and in view of Collison (2019/0248573 A1).
Claim 46: De as modified further fails to disclose wherein the system further comprises a cover that forms an airtight seal with the container.
However, Collison teaches a cover (two-segments flaps 111 used as cover) that forms an airtight seal with the container (container 110 with polymer sleeve is sealed at its end and tacked together) for the purpose of closing the container preventing environmental effects from damaging the container (paragraph [66]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the apparatus of Coleman to include a cover that forms an airtight seal with the container as taught by Collison in order to close the container to prevent environmental effects from damaging the container.
Claim 47: De as modified discloses the apparatus as claimed in claim 46, wherein the cover (Collison, 111) is formed from two pieces (Collison, two-segments flaps 111 used as cover), each covering approximately half of the container (Collison, each 111 covering the half of container).
Claim 48 is rejected under 35 U.S.C. 103 as being unpatentable over De (2023/0194188 A1), in view of Rilby (2019/0383276 A1), in view of Coleman (10401876 B1), in view of Collison (2019/0248573 A1), and in view of Merino (2022/0336900 A1; Provisional application No. 62/896,852 filing date: 9/6/2019)
Claim 48: De as modified further fails to disclose wherein the cover comprises a rain channel.
However, Merino teaches the cover comprises a rain channel (paragraph [39]: cover 22 includes surface 43 defining channels 45) for the purpose of guiding water and other debris away from housing assembly (paragraph [39]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the apparatus of Coleman to include the cover comprises a rain channel as taught by Merino in order to guide water and other debris away from housing assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure which is relevant to container panel structure:
Banerjee (2019/0128478 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMRAN TAVAKOLDAVANI whose telephone number is (313)446-6612. The examiner can normally be reached on M-F 8:00 am to 5:00 pm 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, Len Tran can be reached on (571) 272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KAMRAN TAVAKOLDAVANI/Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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