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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/06/2025 was filed on the filing date of the instant application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statements (IDS) submitted on 02/24/2025 and 03/31/2025 were filed after the filing date of the instant application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Claims 1-20 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.
Claims 1, 9 and 15, each recite the limitation "a pump onboard the apparatus". There is insufficient antecedent basis for “the apparatus” in the claim. Further, it is unclear if “the apparatus” in the limitation refers to the transportation vessel, or the storage area, or what? For examination purposes, the limitation in each of claims 1, 9, and 15 will be examined as --a pump onboard the transportation vessel--.
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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrar (US 10,752,434), Lu (US 2021/0139151), and further in view of Jacobi (US 2008/0022713).
Regarding claim 1, Farrar discloses a transportation vessel (100A) having a storage area (refer to fig.13) for receiving and maintaining items (106A) at one or more temperatures, comprising:
(a) a storage area heat exchanger (112A) located in air communication with the storage area;
(b) a thermal battery system comprising a thermal battery comprising a phase change material (802) with first and second heat exchangers embedded in the PCM (refer to fig.13);
(c) a first plurality of fluid conduits (said conduits including pump 804) defining fluid passageways interconnecting in fluid communication the storage area heat exchanger (112A) and the first PCM-embedded heat exchanger (said first PCM-embedded heat exchanger is considered to be the conduit flowing through 814 as in fig.13);
(d) a pump arranged in fluid communication with the first plurality of fluid conduits and configured to create a fluid flow through the first plurality of fluid conduits between the storage area heat exchanger (112A) and the first PCM-embedded heat exchanger (flowing through 814);
(e) a pair of external ports (806, 808); and
(f) a second plurality of fluid conduits (conduits between refrigeration system 810 and PCM 802) defining fluid passageways in fluid communication with the second PCM-embedded heat exchanger (refer to fig.13);
(g) wherein the first PCM-embedded heat exchanger (conduit through 814), pump (804), storage area heat exchanger (112A), and the first plurality of fluid conduits are part of a first closed-loop circuit (closed loop when fittings 806 and 808 are connected in a closed position) for transferring heat between the storage area and the thermal battery system (refer to fig. 13); and
(h) wherein the second PCM-embedded heat exchanger (through PCM 802), and the second plurality of fluid conduits (in thermal connection with refrigeration system 810) are not part of the first closed-loop circuit (refer to fig. 13).
While Farrar discloses the pump arranged in fluid communication with the first plurality of fluid conduits, Farrar fails to explicitly disclose wherein the pump is located onboard the transportation vessel.
However, it has been held that absent persuasive evidence that the particular configuration of a device (in the instant case, the pump being onboard) are significant, then to change the location of the device would be a matter of choice of a person having ordinary skill in the art.
Further, Applicant simply states that “The portable thermal charger in such an embodiment preferably comprises an onboard pump and electric battery by which the heat-transfer fluid is circulated between the portable thermal charger and the heat exchanger of a thermal battery system being charged” (see par.110 of Applicant’s Specification as filed).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Farrar such that the pump is located onboard the transportation vessel, since it would be a matter of choice of a person having ordinary skill in the art and this feature appears to be an arbitrary design consideration which fails to patentably distinguish over Farrar.
While Farrar as modified discloses the pair of external ports, and an external charging source (810) for charging the PCM of the thermal battery system, Farrar as modified fails to explicitly disclose that the pair of external ports are configured for connecting to the external charging source, such that the second plurality of fluid conduits interconnect in fluid communication the external ports and the second PCM-embedded heat exchanger, and the second PCM-embedded heat exchanger, external ports, and the second plurality of fluid conduits are not part of the first closed-loop circuit.
However, Lu teaches that it is known in the art of refrigeration (refer to fig.2), to provide a pair of external ports (refer to quick connectors 212 and 222, Fig. 2) located to connect to an external charging source (refer to par. 45 and 56, and refrigeration and heat discharge unit 202) such that a plurality of fluid conduits (210 and 220) defining fluid passageways interconnecting in fluid communication the external ports (212 and 222) and a heat exchanger (204).
Accordingly, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Farrar by providing the pair of external ports as taught by Lu, connected to the external charging source, such that the second plurality of fluid conduits interconnect in fluid communication the external ports and the second PCM-embedded heat exchanger, and the second PCM-embedded heat exchanger, external ports, and the second plurality of fluid conduits are not part of the first closed-loop circuit, in order to obtain a predictable result of allowing for easy assembly and disassembly between the thermal battery and the external charging source.
While Farrar as modified discloses a charging unit (refer to heater system 910) that is part of the first closed-loop circuit (in the instant case, the phrase “part of” is being considered as be included, or be involved in a group, organization, project or situation) and charges a second PCM as in fig.13, Farrar as modified fails to explicitly disclose wherein the charging unit is configured to charge the PCM of the thermal battery system.
However, Jacobi further teaches that it is known in the art of refrigeration, to provide a thermal storage unit for air conditioning applications (refer to figs.1-3), to provide an external charging source (condensing unit 22) for charging a PCM (35) of a thermal battery system (21), and further comprising a charging unit (121) that is configured to charge the PCM (35) of the thermal battery system (21), in order to provide a heat recovery system (refer to par. 24).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Farrar by providing a charging unit as taught by Jacobi and configured to charge the PCM of the thermal battery system, in order to provide a heat recovery system.
Regarding claim 2, Farrar as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Farrar as modified discloses the charging unit comprising a refrigeration system, but fails to explicitly disclose thermoelectric cooling elements.
However, since Farrar’s transportation vessel has the charging unit including a refrigeration system, it appears that the charging unit of Farrar would operate equally well with thermoelectric cooling elements. Further, Applicant has not disclosed that providing thermoelectric cooling elements solves any stated problem, indicating simply in the Specification that “[0015] In a feature, the apparatus further comprises a charging unit configured to charge the PCM of the thermal battery system. In some embodiments, the charging unit comprises thermoelectric cooling elements. In some embodiments, the charging unit comprises resistive heating elements. [0016] In a feature, the apparatus further comprises a refrigeration unit that is part of the first closed- loop circuit. In some embodiments, the refrigeration unit is located downstream of the thermal battery system and upstream of the cargo area heat exchanger and is utilized to cool the cargo area via the cargo area heat exchanger. In some embodiments, the refrigeration unit is located upstream of the thermal battery system and downstream of the cargo area heat exchanger and is utilized to charge the PCM of the thermal battery system.”
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention to cause the transportation vessel of Farrar to include thermoelectric cooling elements because this feature appears to be an arbitrary design consideration which fails to patentably distinguish over Farrar.
Regarding claim 3, Farrar as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Farrar as modified discloses the charging unit comprising a refrigeration system, but fails to explicitly disclose comprising resistive heating elements.
However, since Farrar’s transportation vessel has the charging unit including a refrigeration system, it appears that the charging unit of Farrar would operate equally well with resistive heating elements. Further, Applicant has not disclosed that providing resistive heating elements solves any stated problem, indicating simply in the Specification that “[0015] In a feature, the apparatus further comprises a charging unit configured to charge the PCM of the thermal battery system. In some embodiments, the charging unit comprises thermoelectric cooling elements. In some embodiments, the charging unit comprises resistive heating elements. [0016] In a feature, the apparatus further comprises a refrigeration unit that is part of the first closed-loop circuit. In some embodiments, the refrigeration unit is located downstream of the thermal battery system and upstream of the cargo area heat exchanger and is utilized to cool the cargo area via the cargo area heat exchanger. In some embodiments, the refrigeration unit is located upstream of the thermal battery system and downstream of the cargo area heat exchanger and is utilized to charge the PCM of the thermal battery system.”
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention to cause the transportation vessel of Farrar to include resistive heating elements because this feature appears to be an arbitrary design consideration which fails to patentably distinguish over Farrar.
Regarding claim 4, Farrar as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Farrar as modified discloses the charging unit comprising a refrigeration unit (810) in thermal connection with the thermal battery system and the storage area heat exchanger, but fails to explicitly disclose the refrigeration unit located upstream of the thermal battery system and downstream of the storage area heat exchanger.
However, since Farrar’s transportation vessel has the charging unit including the refrigeration unit in thermal connection with the thermal battery system and the storage area heat exchanger, it appears that the charging unit of Farrar would operate equally well with the refrigeration unit located upstream of the thermal battery system and downstream of the storage area heat exchanger. Further, Applicant has not disclosed that providing the refrigeration unit located upstream of the thermal battery system and downstream of the storage area heat exchanger solves any stated problem, indicating simply in the Specification that “[0015] In a feature, the apparatus further comprises a charging unit configured to charge the PCM of the thermal battery system. In some embodiments, the charging unit comprises thermoelectric cooling elements. In some embodiments, the charging unit comprises resistive heating elements. [0016] In a feature, the apparatus further comprises a refrigeration unit that is part of the first closed-loop circuit. In some embodiments, the refrigeration unit is located downstream of the thermal battery system and upstream of the cargo area heat exchanger and is utilized to cool the cargo area via the cargo area heat exchanger. In some embodiments, the refrigeration unit is located upstream of the thermal battery system and downstream of the cargo area heat exchanger and is utilized to charge the PCM of the thermal battery system.”
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention to cause the transportation vessel of Farrar to include the refrigeration unit located upstream of the thermal battery system and downstream of the storage area heat exchanger because this feature appears to be an arbitrary design consideration which fails to patentably distinguish over Farrar.
Regarding claim 5, Farrar as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Farrar as modified discloses the transportation vessel (100A, and refer to col.13, lines 36-39, wherein the transportation vessel includes an aircraft or other vehicle), but fails to explicitly disclose comprising a cart.
However, since Farrar’s transportation vessel includes an aircraft or other vehicle, it appears that the transportation vessel of Farrar would operate equally well with a cart. Further, Applicant has not disclosed that providing a cart solves any stated problem, indicating simply in the Specification that “[0017] In a feature, the apparatus comprises a storage cooler. [0018] In a feature, the apparatus comprises a transportation vessel. [0019] In a feature, the apparatus comprises a transportation vessel comprising a cart. [0020] In a feature, the apparatus comprises a transportation vessel comprising a trailer. [0021] In a feature, the apparatus comprises a transportation vessel comprising a vehicle. In some embodiments, the vehicle comprises a cab and a box-shaped cargo compartment defining the cargo area, and the thermal battery system is located on a top of the cab.”
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention to cause the transportation vessel of Farrar to include a cart because this feature appears to be an arbitrary design consideration which fails to patentably distinguish over Farrar.
Regarding claim 6, Farrar as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Farrar as modified discloses the transportation vessel (100A, and refer to col.13, lines 36-39, wherein the transportation vessel includes an aircraft or other vehicle), but fails to explicitly disclose comprising a trailer.
However, since Farrar’s transportation vessel includes an aircraft or other vehicle, it appears that the transportation vessel of Farrar would operate equally well with a trailer. Further, Applicant has not disclosed that providing a trailer solves any stated problem, indicating simply in the Specification that “[0017] In a feature, the apparatus comprises a storage cooler. [0018] In a feature, the apparatus comprises a transportation vessel. [0019] In a feature, the apparatus comprises a transportation vessel comprising a cart. [0020] In a feature, the apparatus comprises a transportation vessel comprising a trailer. [0021] In a feature, the apparatus comprises a transportation vessel comprising a vehicle. In some embodiments, the vehicle comprises a cab and a box-shaped cargo compartment defining the cargo area, and the thermal battery system is located on a top of the cab.”
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention to cause the transportation vessel of Farrar to include a trailer because this feature appears to be an arbitrary design consideration which fails to patentably distinguish over Farrar.
Regarding claim 7, Farrar as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Farrar as modified discloses wherein the transportation vessel comprises a vehicle (100A, and refer to col.13, lines 36-39, wherein the transportation vessel includes an aircraft or other vehicle).
Regarding claim 8, Farrar as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Farrar as modified discloses wherein the transportation vessel comprises a box-shaped storage compartment defining the storage area (refer to fig.13), but fails to explicitly disclose a cab.
However, since Farrar’s transportation vessel includes an aircraft or other vehicle, it appears that the transportation vessel of Farrar would operate equally well with a cab. Further, Applicant has not disclosed that providing a cab solves any stated problem, indicating simply in the Specification that “[0017] In a feature, the apparatus comprises a storage cooler. [0018] In a feature, the apparatus comprises a transportation vessel. [0019] In a feature, the apparatus comprises a transportation vessel comprising a cart. [0020] In a feature, the apparatus comprises a transportation vessel comprising a trailer. [0021] In a feature, the apparatus comprises a transportation vessel comprising a vehicle. In some embodiments, the vehicle comprises a cab and a box-shaped cargo compartment defining the cargo area, and the thermal battery system is located on a top of the cab.”
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention to cause the transportation vessel of Farrar to include a cab because this feature appears to be an arbitrary design consideration which fails to patentably distinguish over Farrar.
Allowable Subject Matter
Claims 9-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANA M VAZQUEZ whose telephone number is (571)272-0611. The examiner can normally be reached M-F 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANA M VAZQUEZ/Primary Examiner, Art Unit 3763
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