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 .
DETAILED ACTION
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.
Claim Objections
Claim 1 is objected to because of the following informalities:
“Thermal network comprising” in line 1 should be --A thermal network comprising--;
“said pipe system said plant and said end-user location” in lines 2-3 should be --said pipe system, said plant, and said end-user location--;
“wherein it comprises” in lines 4-5 should be --wherein the pipe system comprises--;
“, when it is operated,” in line 6 should be deleted;
“the first and the third main pipe” in line 6 should be --a first main pipe of the three main pipes and a third main pipe of the three main pipes --;
“the second main pipe” in line 7 should be --a second main pipe of the three main pipes--.
Claims 2-18 are each objected to because “Thermal network” in each respective line 1 should be --The thermal network--.
Claim 2 is objected to because of the following informalities:
“configured in such a way” in line 1 should be --configured such that--;
“and that” in line 3 should be --and such that--.
Claim 3 is objected to because of the following informalities:
“the pressure in the first main pipe” in lines 1-2 should be --a pressure in the first main pipe--;
“the pressure in the second main pipe” in line 2 should be --a pressure in the second main pipe--;
“the pressure in the third main pipe” in lines 3-4 should be --a pressure in the third main pipe--.
Claim 4 is objected to because “in said pipes” in line 3 should be --in said first main pipe and said second main pipe--.
Claim 5 is objected to because of the following informalities:
“a part, such as a lower part, connected to” in line 2 should be -- a lower part connected to--;
“another part, such as an upper part, connected to” in line 3 should be --an upper part connected to--.
Claim 8 is objected to because of the following informalities:
“configured in a way that the thermodynamic state” in line 3 should be --configured such that a thermodynamic state--;
“of medium” in line 4 should be --of a medium--;
“to the one desired” in line 4 should be --to a thermodynamic sate desired--;
“the main pipe it is connected to” in lines 4-5 should be --the main pipe connected to the outlet--.
Claim 9 is objected to because of the following informalities:
“at least one end-user location” in lines 2-3 should be --at least one of the at least one end-user location--;
“the said CO2” in line 4 should be --the CO2--;
“a continuous” in line 4 should be --continuous--;
“, food” in line 6 should be --, and food--.
Claim 10 is objected to because of the following informalities:
“at least one end-user location” in lines 2-3 should be --at least one of the at least one end-user location--;
“the said CO2” in line 4 should be --the CO2--;
“a continuous” in line 4 should be --continuous--;
“, food” in line 6 should be --, and food--.
Claim 16 is objected to because “said subcooling apparatus” in line 2 should be --a subcooling apparatus--.
Claim 17 is objected to because “compress it at the corresponding pressure” in line 3 should be --compress the gas build up at a corresponding pressure--.
Claim 18 is objected to because “in such a way as” in line 3 should be deleted.
Claims 19-22 are each objected to because “Use of a thermal network” in each of their respective line 1 should be --The thermal network--.
Claim 19 is objected to because of the following informalities:
“the heating requirements” in line 2 should be --heating requirements--;
“the cooling requirements” in line 3 should be --cooling requirements--;
(e.g. in winter) in line 3 should be deleted;
“the gas” in line 3 should be --a gas--;
“the receiver” in line 3 should be --a receiver--.
Claim 20 is objected to because of the following informalities:
“the cooling requirements” in lines 2-3 should be --cooling requirements--;
“the heating requirements (e.g. in summer)” in line 3 should be --heating requirements--;
“the gas” in line 3 should be --a gas--;
“the receiver” in line 4 should be --a receiver--.
Claim 21 is objected to because of the following informalities:
“the cooling requirements” in lines 2-3 should be --cooling requirements--;
“the heating requirements” in line 3 should be --heating requirements--;
(e.g. in summer) in line 3 should be deleted;
“the receiver” in line 4 should be --a receiver--.
Claim 22 is objected to because of the following informalities:
“the generation” in line 2 should be --a generation--;
“a liquid state medium and gaseous state medium” in lines 2-3 should be --the medium in the liquid state and the medium in the gaseous state--;
“the liquid state medium” in line 3 should be --the medium in the liquid state--;
“the first and third main pipes” in lines 3-4 should be --the first main pipe and the third main pipe--;
“the gaseous state medium” in line 4 should be --the medium in the gaseous state--.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, and 4-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Favrat et al. (U.S. 2010/0018668).
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Re claim 1:
Favrat discloses a thermal network (Fig. 1) comprising at least one plant (Modified Fig. 1 above - A (person having ordinary skill in the art would recognize element A as a type of plant (see Para 19 - “…the district heating/cooling plant…”))), at least one end-user location (Modified Fig. 1 above - B (person having ordinary skill in the art would recognize elements B as types of end-user locations)), a pipe system (Modified Fig. 1 above - C (person having ordinary skill in the art would recognize element C as a type of pipe system; element C corresponds to the “network” referenced in Para 18 and including the lines extending directly from the “two main pipes” referenced in Para 18)) and a medium (Para 18 - “…CO2…”) contained within said pipe system (Modified Fig. 1 above - C) said plant (Modified Fig. 1 above - A) and said end-user location (Modified Fig. 1 above - B)(see Modified Fig. 1 above and Paras 18-21); said end-user location(s) (Modified Fig. 1 above - B) being connected to the plant (Modified Fig. 1 above - A) through the pipe system (Modified Fig. 1 above - C)(see Modified Fig. 1 above); characterized in that it comprises three main pipes (Modified Fig. 1 above - D, E, F (person having ordinary skill in the art would recognize elements D, E, and F as a type of three main pipes)) that are each connected to said plant(s) (Modified Fig. 1 above - A)(see Modified Fig. 1 above and Paras 18-21) and wherein the medium (Para 18 - “…CO2…”), when it is operated, is in a liquid state in the first (Modified Fig. 1 above - D (see Modified Fig. 1 above and Paras 26-27)) and the third main pipe (Modified Fig. 1 above - E (see Modified Fig. 1 above and Paras 32-33))(see Modified Fig. 1 above and Paras 26-27 and 32-33), and in a gaseous state in the second main pipe (Modified Fig. 1 above - F)(see Modified Fig. 1 above and Para 18).
Re claim 2:
Favrat discloses the thermal network (Fig. 1) according to claim 1 (as described above) configured in a way that the first main pipe (Modified Fig. 1 above - D) is a supply pipe that has a monodirectional flow from the plant (Modified Fig. 1 above - A) towards the end-user locations (Modified Fig. 1 above - B)(see Modified Fig. 1 above and Paras 26-27), and that the third main pipe (Modified Fig. 1 above - E) is a return pipe that has a monodirectional flow from the end-user locations (Modified Fig. 1 above - B) towards the plant (Modified Fig. 1 above - A)( see Modified Fig. 1 above and Paras 32-33).
Re claim 4:
Favrat discloses the thermal network (Fig. 1) according to claim 1 (as described above) comprising a liquid pipe bypass (Modified Fig. 1 above - G (person having ordinary skill in the art would recognize element G as a type of liquid pipe bypass)) connecting the first main pipe (Modified Fig. 1 above - D) to the third main pipe (Modified Fig. 1 above - E)(see Modified Fig. 1 above and Paras), that guarantees a minimum flow of the medium (Para 18 - “…CO2…) in said pipes (see Modified Fig. 1 above, Paras 26-27, and 32-33).
Re claim 5:
Favrat discloses the thermal network (Fig. 1) according to claim 1 (as described above) comprising a medium receiver (Modified Fig. 1 above - J (person having ordinary skill in the art would recognize element J as a type of medium receiver)) with a part (Modified Fig. 1 above - H (person having ordinary skill in the art would recognize element H as a type of part connected to element D)), such as a lower part, connected to the first main pipe (Modified Fig. 1 above - D)(see Modified Fig. 1 above) and another part (Modified Fig. 1 above - I (person having ordinary skill in the art would recognize element I as a type of part connected to element F)), such as an upper part, connected to the second main pipe (Modified Fig. 1 above - F)(see Modified Fig. 1 above).
Re claim 6:
Favrat discloses the thermal network (Fig. 1) according to claim 1 (as described above) comprising a condenser (Para 19 - “…a heat-exchanger working… as condenser…”) configured to generate said liquid state (see Fig. 1 and Para 20).
Re claim 7:
Favrat discloses the thermal network (Fig. 1) according to claim 1 (as described above) comprising an evaporator (Para 19 - “…a heat-exchanger working… as evaporator…”) configured to generate said gaseous state (see Fig. 1 and Para 20).
Re claim 8:
Favrat discloses the thermal network (Fig. 1) according to claim 1 (as described above) comprising one end-user location (Modified Fig. 1 above - K (person having ordinary skill in the art would recognize element K as a type of one end-user location)) connected via an inlet (Modified Fig. 1 above - L (person having ordinary skill in the art would recognize element L as a type of inlet)) and an outlet (Modified Fig. 1 above - M (person having ordinary skill in the art would recognize element M as a type of outlet)) to at least two of the said main pipes (Modified Fig. 1 above - D, F)(see Modified Fig. 1 above) and configured in a way that the thermodynamic state of medium (Para 18 - “…CO2…”) at the outlet (Modified Fig. 1 above - M) corresponds to the one desired in the main pipe (Modified Fig. 1 above - F) it is connected to (see Modified Fig. 1 above and Paras 26-27).
Re claim 9:
Favrat discloses the thermal network (Fig. 1) according to claim 1 (as described above), wherein the medium is CO2 (Para 18 - “…CO2…”) and is used as an energy transfer medium (see Fig. 1 and Paras 22-42) and wherein at least one end-user location (Modified Fig. 1 above - B) comprises one or several outlets (see Modified Fig. 1 above at B) which are adapted for releasing the said CO2 to connected devices in a continuous or intermittent processes, such as fire extinguishing (see Fig. 1 and Paras 36-37), Carbon capture and sequestration (CCS) applications (see Fig. 1 and Paras 38-39), dry ice production, chemical processes, food and beverage processes.
Re claim 10:
Favrat discloses the thermal network (Fig. 1) according to claim 1 (as described above), wherein the medium is CO2 (Para 18 - “…CO2…”) and is used as an energy transfer medium (see Fig. 1 and Paras 22-42) and wherein at least one end user location (Modified Fig. 1 above - B) comprises one or several inlets (see Modified Fig. 1 above at B) which are adapted for injecting into the network CO2 from connected devices in a continuous or intermittent processes, such as fire extinguishing (ee Fig. 1 and Paras 36-37), Carbon capture and sequestration (CCS) applications (see Fig. 1 and Paras 38-39), dry ice production, chemical processes, food and beverage processes.
Re claim 11:
Favrat discloses the thermal network (Fig. 1) according to claim 1 (as described above) comprising a liquid trap (Modified Fig. 1 above - J (person having ordinary skill in the art would recognize element J as a type of liquid trap)) on the second main pipe (Modified Fig. 1 above - F) configured for extracting any medium (Para 18 - “…CO2…”) in liquid phase from said second main pipe (Modified Fig. 1 above - F)(see Modified Fig. 1 above and Paras 19-20 - “…the CO2 is condensed at the central plant before being pumped to the customers.”).
Re claim 12:
Favrat discloses the thermal network (Fig. 1) according to claim 1 (as described above) comprising a gas trap (Modified Fig. 1 above - N (person having ordinary skill in the art would recognize element N as a type of gas trap)) on the third main pipe (Modified Fig. 1 above - E) configured for extracting any medium (Para 18 - “…CO2…”) in gaseous phase from said third main pipe (Modified Fig. 1 above - E)(see Modified Fig. 1 above and Paras 32-33 (element N is shown with structure capable of performing the claimed function)).
Re claim 13:
Favrat discloses the thermal network (Fig. 1) according to claim 1 (as described above) comprising a gas trap (Modified Fig. 1 above - O (person having ordinary skill in the art would recognize element O as a type of gas trap)) on the first main pipe (Modified Fig. 1 above - D) configured for extracting any medium (Para 18 - “…CO2…”) in gaseous phase from said first main pipe (Modified Fig. 1 above - D)(see Modified Fig. 1 above and Paras 26-27 (element O is shown with structure capable of performing the claimed function)).
Re claim 14:
Favrat discloses the thermal network (Fig. 1) according to claim 1 (as described above) comprising a cooling system (Modified Fig. 1 above - J (person having ordinary skill in the art would recognize element J as a type of cooling system)) configured for extracting heat from the flow entering the plant (Modified Fig. 1 above - A) via the third main pipe (Modified Fig. 1 above - F)(see Modified Fig. 1 above and Para 19 - “…When dealing with a district located near a lake…the available water can serve as …heat sink (cooling mode)...”).
Re claim 15:
Favrat discloses the thermal network (Fig. 1) according to claim 1 (as described above) comprising a subcooling apparatus (Modified Fig. 1 above - P (person having ordinary skill in the art would recognize element P as a type of subcooling apparatus)) configured for extracting heat from a liquid entering the plant via the third main pipe and/or leaving a receiver (Modified Fig. 1 above - Q (person having ordinary skill in the art would recognize element Q as a type of receiver))(see Modified Fig. 1 above and Paras 23-25).
Re claim 16:
Favrat discloses the thermal network (Fig. 1) according to claim 14 (as described above), wherein the cooling system (Modified Fig. 1 above - J) comprises a heat pump (Paras 24-25) used, if present, with the said subcooling apparatus.
Re claim 17:
Favrat discloses the thermal network (Fig. 1) according to claim 1 (as described above), comprising a compressor (Modified Fig. 1 above - R (person having ordinary skill in the art would recognize element R as a type of compressor (see Para 23))) capable of extracting gas build-up before a condensate extraction pump (Modified Fig. 1 above - S (person having ordinary skill in the art would recognize element S as a type of condensate extraction pump)) and compress it at the corresponding pressure within the second main pipe (Modified Fig. 1 above - F) at the plant side (see Modified Fig. 1 above and Paras 22-23).
Re claim 18:
Favrat discloses the thermal network (Fig. 1) according to claim 1 (as described above) comprising a set of receiver isolation valves (Modified Fig. 1 above - T (person having ordinary skill in the art would recognize element T as a type of set of receiver isolation valves)) and a set of receiver flash purge valves (Modified Fig. 1 above - U (person having ordinary skill in the art would recognize element U as a type of set of receiver flash purge valves)) operated in such a way as to extract gas build-up before a condensate extraction pump (Modified Fig. 1 above - S (person having ordinary skill in the art would recognize element S as a type of condensate extraction pump))(see Modified Fig. 1 (structure shown capable of performing the claimed function)).
Re claim 19:
Favrat discloses use of a thermal network (Fig. 1) as defined in claim 1 (as described above), wherein when the heating requirements are higher than the cooling requirements (e.g.in winter), the gas flows from the receiver (Modified Fig. 1 above - J (person having ordinary skill in the art would recognize element J as a type of receiver)) to the second main pipe (Modified Fig. 1 above - F) at the plant (Modified Fig. 1 above - A)(see Modified Fig. 1 above and Para 20).
Re claim 20:
Favrat discloses use of a thermal network (Fig. 1) as defined in claim 1 (as described above), when the cooling requirements are higher than the heating requirements (e.g. in summer), the gas flows from the second main pipe (Modified Fig. 1 above - F) into the receiver (Modified Fig. 1 above - J (person having ordinary skill in the art would recognize element J as a type of receiver)) at the plant (Modified Fig. 1 above - A)(see Modified Fig. 1 above and Para 20).
Re claim 21:
Favrat discloses use of a thermal network (Fig. 1) as defined in claim 1 (as described above), wherein when the cooling requirements are equal to the heating requirements (e.g. in summer), there is no flow in the second main pipe (Modified Fig. 1 above - F) that goes into or comes from the receiver (Modified Fig. 1 above - J (person having ordinary skill in the art would recognize element J as a type of receiver))(see Modified Fig. 1 above and Para 20).
Re claim 22:
Favrat discloses use of a thermal network (Fig. 1) as defined in claim 1 (as described above) comprising the generation of a liquid sate medium (see Fig. 1 at “Liquid” and Para 21 - “CO2 liquefaction could take place”) and gaseous state medium (see Fig. 1 at “Gas” and Para 21 - “…gaseous CO2 can be generated..”), wherein the liquid state medium is transferred to the first (Modified Fig. 1 above - D)(see Modified Fig. 1 above and Paras 26-27) and third main pipes (Modified Fig. 1 above - E)(see Modified Fig. 1 above and Paras 32-33) and wherein the gaseous state medium is transferred to the second main pipe (Modified Fig. 1 above - F)(see Modified Fig. 1 above and Paras 20-21).
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.
The factual inquiries 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.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Favrat et al. (U.S. 2010/0018668), as applied to claim 1 above, and as evidenced by Rosen (U.S. 2018/0259196).
Re claim 3:
Favrat discloses the thermal network (Fig. 1) according to claim 1 (as described above), wherein the pressure in the first main pipe (Modified Fig. 1 above - D)
Favrat fails to disclose wherein the pressure in the first main pipe is higher than the pressure in the second main pipe, and wherein the pressure in the second main pipe is higher than the pressure in the third main pipe.
Rosen teaches that the pressure in a pipe is a results effective variable that determines the required dimensions of the pipe (Paras 16-17). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the thermal network of Favrat such that the pressure in the first main pipe is higher than the pressure in the second main pipe, and wherein the pressure in the second main pipe is higher than the pressure in the third main pipe as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Loren C Edwards whose telephone number is (571)272-7133. The examiner can normally be reached M-R 6AM-430PM.
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/LOREN C EDWARDS/Primary Examiner, Art Unit 3746 8/14/26
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