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 .
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.
Claim Objections
Claims 21 and 33 are objected to because of the following informalities:
Regarding claim 21, the recitation “characterized in that” is not used in US practice.
Regarding claim 33, there is a typo in line 2 as claim 33 refers back to cancelled claim 1 instead of new claim 21.
Appropriate correction is required.
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.
Claims 21-40 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2014/180995 A1 to McElroy in view of EP 3693568 A1 to Romero et al.
Regarding claim 21, McElroy discloses an apparatus comprising:
a substantially upright body (Fig. 4: 1) having an outer chamber (9) and an inner pressure chamber (7) surrounded by and spaced apart from the outer chamber, the inner pressure chamber being in fluid communication with the outer chamber adjacent the lowermost end of the inner pressure chamber (at 37), the inner pressure chamber having a pressurizable fluid supply (A) therein, the outer chamber having a charging inlet (21) adjacent the top of the upright body, a discharge outlet (15) located adjacent the bottom of the upright body, and a liquid passageway (23) intermediate the charging inlet and the discharge outlet, the liquid passageway having a turbine (25) mounted therein and a flow regulator (27) in the liquid passageway intermediate the turbine and the discharge outlet, and in which there is provided a closure (13) moveable to and from a first position (Fig. 7) blocking the discharge outlet thereby preventing evacuation of water from the apparatus and a second position (Fig. 6) opening the discharge outlet thereby permitting evacuation of water from the apparatus,
a controller (page 3, line 20),
a closure actuator capable of moving the closure to and from the first position to and from the second position in response to a control input from the controller (page 3, lines 20-22),
a pressure sensor in the inner pressure chamber in communication with the controller, the pressure sensor being operable to measure the pressure of the pressurizable fluid supply in the inner pressure chamber (page 5, lines 32-34 – page 6, line 1), and
an auxiliary pressurized fluid supply (Fig. 4: 19) to supplement the pressurizable fluid supply.
However, it fails to disclose there is further provided a pressure regulator responsive to the controller, the pressure regulator being operable to control the delivery of auxiliary pressurized fluid from the auxiliary pressurized fluid supply to the inner pressure chamber to maintain the pressure of the pressurizable fluid supply in the inner pressure chamber at or above a predetermined pressure level during evacuation of water from the apparatus.
Romero et al. teaches there is further provided a pressure regulator responsive to the controller, the pressure regulator being operable to control the delivery of auxiliary pressurized fluid from the auxiliary pressurized fluid supply to the inner pressure chamber to maintain the pressure of the pressurizable fluid supply in the inner pressure chamber at or above a predetermined pressure level during evacuation of water from the apparatus ([0016] and [0019]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of the pressure regulator as disclosed by Romero et al. to the apparatus disclosed by McElroy.
One would have been motivated to do so to maintain desired working conditions of the apparatus. Refer to Romero et al., [0019].
Regarding claim 22, McElroy discloses a compressor (Fig. 4: 19) to provide the auxiliary pressurized fluid supply.
Regarding claim 23, the combination of McElroy and Romero et al. discloses the auxiliary pressurized fluid supply (Fig. 1: 60) comprises air supplied from an existing process located remotely from the apparatus [0007].
Regarding claim 24, the combination of McElroy and Romero et al. discloses the auxiliary pressurized fluid supply comprises idle time air supplied from the existing process [0030].
Regarding claim 25, the combination of McElroy and Romero et al. discloses a tank (Fig. 1: 50) located remotely from the submersible hydroelectric generator at the location of the existing process for storage of the auxiliary pressurized fluid supply (60), and a feed line (from VC50 to VC 30) extending from the tank to the submersible hydroelectric generator apparatus for delivery of the auxiliary pressurized fluid supply to the submersible hydroelectric generator apparatus.
Regarding claims 26-28, McElroy and Romero et al. discloses an apparatus as describe above.
However, it fails to disclose the limitations from claims 26-28.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the pressure regulator be operable to maintain the pressure of the pressurizable fluid supply in the inner pressure chamber at or above 1.8 bar, 2.0 bar, or below 3.0 bar, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
One would have been motivated to do so to optimize working conditions of the apparatus.
Regarding claim 29, McElroy discloses the flow regulator comprises a sump (Fig. 4: 27) located in the liquid passageway below the turbine and in which there is provided means (37) to seal the sump.
Regarding claim 30, McElroy discloses provided means to draw air from the sump thereby creating a vacuum in the sump (page 14, lines 8-21).
Regarding claim 31, McElroy discloses a release valve in the inner pressure chamber to allow evacuation of at least some of the pressurizable fluid supply from the inner chamber (page 7, lines 1-4).
Regarding claim 32, McElroy discloses a tank connected to the release valve to receive the pressurizable fluid supply evacuated from the inner pressure chamber (page 7, lines 10-13).
Regarding claim 33, McElroy and Romero et al. discloses a method of evacuating water from a submersible hydroelectric generator apparatus of the type claimed in claim 1 (see claim 21 above) comprising the steps of providing an auxiliary pressurized fluid supply (McElroy, Fig. 4: 19) to supplement the pressurizable fluid supply in the inner pressure chamber (7) and, during evacuation of water from the apparatus, controlling the delivery of auxiliary pressurized fluid from the auxiliary pressurized fluid supply to the inner pressure chamber to maintain the pressure of the pressurizable fluid supply in the inner pressure chamber at or above a predetermined pressure level (Romero et al., [0016] and [0019]).
Regarding claims 34-36, McElroy and Romero et al. discloses a method as describe above.
However, it fails to disclose the limitations from claims 34-36.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to maintain the pressure of the pressurizable fluid supply in the inner pressure chamber at or above 1.8 bar, 2.0 bar, or below 3.0 bar, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
One would have been motivated to do so to optimize working conditions of the apparatus.
Regarding claim 37, McElroy discloses the step of, when water is being discharged from the apparatus, limiting the flow of further incoming water through the apparatus (Fig. 4: 33).
Regarding claim 38, McElroy discloses the step of, when water is being discharged from the apparatus, sealing a sump located below the turbine (Fig. 4: 37).
Regarding claim 39, McElroy discloses the step of, when water is being discharged from the apparatus, evacuating air from the sump, thereby creating a vacuum in the sump (page 14, lines 8-21).
Regarding claim 40, the combination of McElroy and Romero et al. discloses the step of harvesting pressurized air from an existing process for use as the auxiliary pressurized fluid supply (Fig. 1: 60; [0007]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIET P NGUYEN whose telephone number is (571)272-9457. The examiner can normally be reached M-F 12-8.
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, Tulsidas C Patel can be reached at 571-272-2098. 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.
/VIET P NGUYEN/Primary Examiner, Art Unit 2834