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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1 – 21 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 – 18 of prior U.S. Patent No. 12,270,404. This is a statutory double patenting rejection.
Claim Objections
Claim 4 is objected to because of the following informalities:
Claim 4 recites the reference character “1026,” this should be recited as “(1026)” or otherwise deleted from the claim.
Appropriate correction is required.
The claims are objected to because they include reference characters which are not enclosed within parentheses.
Reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. See MPEP § 608.01(m).
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 11 – 21 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.
Claim 11 recites the limitation “receive refrigerant gas from the second heat exchanger; transfer heat to the refrigerant gas; and inject the vaporized refrigerant gas to each of the plural elongate buoyancy conduits,” the claim later recites the limitations “an injection of compressed gas into the working liquid disposed in the plural elongate buoyancy conduits,” and “the compressed gas comprises a first refrigerant.” As the claim first recites “refrigerant gas” it is unclear if the second and third limitations are intended to introduce a new or different compressed gas, in addition to the previously recited “refrigerant gas,” and it is further unclear if this new or different compressed gas is the same refrigerant or if the “a first refrigerant” of the third limitation is intended to be directed towards the originally recited “refrigerant gas.” For the purpose of examination, all three limitations are being interpreted as being directed towards the same “refrigerant gas.”
Claim 15 recites the limitations “the condenser,” “radiator,” and “the radiator.” There is insufficient antecedent basis for this limitation in the claim. The claim is further unclear as the claim is dependent from claim 13 which previously introduces the “a thermal storage medium” to which the newly recited condenser is in fluidic communication with, and preceding claim 14 previously recites “a third heat exchanger;” however, claim 13 fails to recite either of a “condenser” or a “radiator.” It is unclear if the limitations “the condenser” and “the radiator” of claim 15 are intended to be directed towards elements of claim 14 (i.e. a third heat exchanger such as a heat exchanger described by the specification as part of second heat pump cycle 1700) or if they are intended to be directed to newly recited elements, such as elements of the newly recited “a first heat pump.” As the scope of the claim is unclear, an art rejection is not being provided for claim 15.
Claim 16 recites the limitation “the condenser and radiator.” There is insufficient antecedent basis for this limitation in the claim. Claim 16 further recites the limitation “the first heat pump” which is previously introduced by claim 15; however, if claim 16 is dependent from claim 15, claim 16 is further made indefinite as it is unclear if the newly recited “the condenser and radiator” are introduced as new elements or if they are directed towards the “the condenser,” “radiator,” and/or “the radiator” recited by claim 15 or if they are intended to introduce new elements of “the first heat pump” as described by the claim. As the scope of the claim is unclear, an art rejection is not being provided for claim 16.
Claims 19 and 20 recite the limitation “the fluid injection system.” There is insufficient antecedent basis for this limitation in the claim. Each of claims 19 and 20 is dependent from claim 11 which previously recites “a gas injection system in fluidic communication with each of the plural elongate buoyancy conduits and in fluidic communication with the second heat exchanger; wherein; the gas injection system is operative to inject gas into each of the plural elongate buoyancy conduits; and the gas injection system is configured to: receive refrigerant gas from the second heat exchanger; transfer heat to the refrigerant gas; and inject the vaporized refrigerant gas to each of the plural elongate buoyancy conduits.” For the purpose of examination, “the fluid injection system” of claims 19 and 20 are being interpreted as being directed towards the “a gas injection system” of previously recited claim 11.
Dependent claims 12 – 21 are interpreted as being rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for depending from a rejected claim.
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 1, 5, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over US 4,041,710, “Kraus,” in view of US 9,856,850, “Sheehan.”
Regarding Claim 1: Kraus discloses a gas-driven generator system for generating electric power from movement of a working liquid (Figures 1 and 2), the gas-driven generator system comprising: an elongate gravitational distribution conduit (11) with an upper end (The end closer to the containment top 7 and sidewall 9 as shown in at least Figure 1) and a lower end (The end closer to turbine inlet 14 as shown in at least Figure 1); an elongate buoyancy conduit (20) with an upper end (The end closer to containment top 7 and sidewall 10 as shown in at least Figure 1) and a lower end (The end closer to turbine inlet 14 as shown in at least Figure 1); wherein: the upper ends of the elongate buoyancy conduit are in fluidic communication with the upper end of the elongate gravitational distribution conduit (As shown in at least Figures 1 and 2); and the lower end of the elongate gravitational distribution conduit is in fluidic communication with the lower ends of the elongate plural buoyancy conduit such that a closed fluid loop is formed between the elongate plural buoyancy conduit and the elongate gravitational distribution conduit (As shown in at least Figures 1 and 2) with working liquid (3, 28, 29) flowing from the upper ends of the buoyancy conduit fed into the upper end of the elongate gravitational distribution conduit and working liquid flowing downwardly through the elongate gravitational distribution conduit being fed from the lower end of the elongate gravitational distribution conduit into the lower ends of the plural elongate buoyancy conduit (As shown in at least Figures 1 and 2 and as further indicated by the flow arrows arranged in a counterclockwise flow direction); a liquid turbine system (13, 16, 17) fluidically interposed between the lower end of the elongate gravitational distribution conduit and the lower ends of the plural elongate buoyancy conduit (As shown in at least Figures 1 and 2); an gas injection system (24, 26, 27) operative to inject gas into the lower ends each of the plural elongate buoyancy conduit (As shown in at least Figures 1 and 2); a first heat exchanger (21) in fluidic communication with each of the plural elongate buoyancy conduit (As shown in at least Figures 1 and 2; The first heat exchanger is shown placed within the fluid path of the elongate buoyancy conduit such that it is interpreted as having a portion of the heat exchanger in fluidic communication with the conduit), the first heat exchanger comprises a first heat exchange fluid (Cl. 2, ln. 66, “the fluid's primary heating means 21 having a heating fluid inlet 22 and its outlet 23”); a second heat exchanger (32) in fluidic communication with an upper chamber (5) and in fluidic communication with a storage tank (39); and a thermal heating system configured to capture thermal energy from an external source (The thermal heating system and energy captured from an external source are generally shown as QIN in at least Figures 1 and 2), the thermal heating system in fluidic communication with the first heat exchanger (As shown in at least Figures 1 and 2 and as further indicated by fluid flow passages 22 and 23); wherein the injection of the gas into the working liquid disposed in the plural elongate buoyancy conduit will tend to induce upward flow of the working liquid in the plural elongate buoyancy conduit such that working liquid fed to the upper end of the elongate gravitational distribution conduit will have a downward flow within the elongate gravitational distribution conduit to actuate the liquid turbine system (At least Cl. 2, ln. 21 – 31; Cl. 2, ln. 49 – 68 – Cl. 3, ln. 49, “circulating fluid's higher potential energy at Section "A" is first converted into kinetical energy when set into downward motion within the device's penstock 11 and this again is converted into mechanical energy by driving the turbine-wheel 13 which, in turn, drives the rotor of the dynamo, thus generating electrical power”); it is noted that Kraus discloses a single elongate buoyancy conduit, such that Kraus fails to explicitly disclose plural elongate buoyancy conduits, each having the claimed features when used in the plural form in the aforesaid limitations; however, it is noted that the elongate buoyancy conduit is viewed as an essential working part of the device and as such it would have bene obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have duplicated the elongate buoyancy conduit such that the device would comprise plural elongate buoyancy conduits, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Sheehan teaches a gas-driven generator system for generating electric power from movement of a working liquid (As shown in at least Figures 1 – 3), arranged in a similar manner to that of Kraus, and further comprising an elongate gravitational distribution conduit (32, 40) and plural elongate buoyancy conduits (26) which are used together provide for circulation of a working fluid (24).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the arrangement of Kraus to incorporate plural elongate buoyancy conduits, as taught by Sheehan, with the predicted results that a plurality of such conduits will provide for a greater volume of circulating fluid and thus a higher level of energy production.
Regarding Claim 5: Kraus in view of Sheehan teaches the system of claim 1; Kraus further discloses wherein: the gas comprises a first refrigerant (Cl. 4, ln. 1, “The system's heat-vapor cycle utilizes a gas having a boiling point substantially lower than that of water at a given temperature and corresponding pressure, such as "Freon 12" (CCI2F2) or "Freon 22" (CHICIF2), as well as other suitable gases”); and the gas injection system comprises a third heat exchanger (26) that: pressurizes the refrigerant in liquid form (24): and evaporates the refrigerant into a pressurized refrigerant gas prior to being injected into the buoyancy conduit (Cl. 2, ln. 68, “a cooled gas 24 having a boiling point substantially lower than that of water is forced by pump 25, Drawing 2, FIG. 2, at liquid state and under pressure through the gas inducer 26 and the openings of its gas dispersion nozzles 27 into the heated fluid 28 where immediately upon contact with the heated fluid 28, the cooled gas's heat absorption from said heated fluid gives rise to the gas's evaporating and subsequent expansion with the formation of great quantities of tiny bubbles 18;” Cl. 3, ln. 18 – 30; The gas inducer acts as a third heat exchanger by immersion in heated fluid 28 which thereby allows the gas inducer to transfer heat from the heated fluid into the cooled gas, which remains in liquid form, prior to induction into the buoyancy conduit.).
Regarding Claim 8: Kraus in view of Sheehan teaches the system of claim 1; Kraus further discloses wherein the storage tank is in fluidic communication with the gas injection system (As shown in at least Figure 2; The storage tank 39 is in fluid communication at least through piping 8, 37, 36, and connection through liquid gas pump 25).
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over US 4,041,710, “Kraus,” in view of US 9,856,850, “Sheehan,” and US 6,223,532, “Brassea-Flores.”
Regarding Claim 2: Kraus in view of Sheehan teaches the system of claim 1; however, Kraus fails to explicitly disclose wherein the thermal heating system comprises solar thermal panels configured to capture thermal energy from solar radiation. It is noted that Kraus discloses the source or heat into the system (QIN) may be provided from solar energy (Cl. 1, ln. 67, “conversion of abundantly available low-temperature heat sources which are otherwise doomed to waste, such as from solar, geothermal and atmospheric heat, as well as from waste heat from existing steam power plants”).
Brassea-Flores teaches an energy conversion device (Figure 1) where an expanding gas is used to create a buoyancy force which is used for energy conversion (Cl. 1, ln. 26, “transduction of buoyancy by flotation turbines or duct-floturbines 6-9”), wherein the flowturbine is arranged in a working fluid (4) and wherein a first heat exchanger (22) is in fluidic communication with a thermal heating system (20) and wherein the thermal heating system comprises solar thermal panels configured to capture thermal energy from solar radiation (Cl. 8, ln. 20, “High Temperature Sources (HTS) are 20 present in general any source of heat and/or means for providing heat to the HHC 18F and/or directly to fluids of the system. In example of HTS 20 is the solar farm used by "Lutz international" in the Mojave desert (not shown), the Gfluid would be passed along tubes, each tube heated by by its own heliostate.”).
It would have been obvious to one or ordinary skill in the art before the effective filling date of the claimed invention to have combined the solar thermal panel teachings of Brassea-Flores as providing the QIN in the device of Kraus with the predicted results that such solar thermal panels will be capable of providing the thermal energy needed for the operation of the device in an abundant “doomed to waste” manner envisioned by Kraus (Cl. 1, ln. 67).
Regarding Claim 3: Kraus in view of Sheehan, Brassea-Flores, teaches the system of claim 1; once combined, Kraus further discloses wherein the thermal heating system comprises a fluid loop containing the first heat exchange fluid for moving thermal energy from the solar thermal panels to the first heat exchanger (As shown in at least Figure 1; The thermal heating system comprises fluid loop with inlet 22 and outlet 23 utilized to circulate the first heat exchange fluid form the thermal source – the solar thermal panels once combined with Brassea -Flores).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over US 4,041,710, “Kraus,” in view of US 9,856,850, “Sheehan,” and US 4,038,826, “Shaw.”
Regarding Claim 6: Kraus in view of Sheehan teaches the system of claim 1; however, Kraus fails to explicitly disclose wherein the system further comprises: a thermal storage system.
Shaw teaches a gas-driven generator (21, 22) (Figure 6), similar in function to the apparatus of Kraus where an expanding gas is used to create a buoyancy force which is used for energy conversion, wherein the apparatus further utilizes a solar collector (96) functioning as a thermal heating system and further comprises a thermal storage system (73).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have incorporated a thermal storage system, as taught by Shaw, into the thermal heating system of Kraus (The thermal heating system and energy captured from an external source are generally shown as QIN in at least Figures 1 and 2) with the predicted results that such a storage system will be capable of storing solar energy for later use by the first heat exchange of Kraus when direct solar energy is not available (Shaw, cl. 6, ln. 62 – Cl. 7, ln. 13), wherein Kraus discloses the first heat exchanger forming a portion of the thermal heating system and energy captured from an external source, QIN, is provided from solar energy (Cl. 1, ln. 67).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over US 4,041,710, “Kraus,” in view of US 9,856,850, “Sheehan,” and US 5,685,147, “Brassea.”
Regarding Claim 11: Kraus discloses a gas-driven generator system for generating electric power from movement of a working liquid (3) (Figures 1 and 2), the gas-driven generator system comprising: a gas-driven generator (Figures 1 and 2), comprising: an elongate gravitational distribution conduit (11) with an upper end (The end closer to the containment top 7 and sidewall 9 as shown in at least Figure 1) and a lower end (The end closer to turbine inlet 14 as shown in at least Figure 1); an elongate buoyancy conduit (20) with an upper end (The end closer to containment top 7 and sidewall 10 as shown in at least Figure 1) and a lower end (The end closer to turbine inlet 14 as shown in at least Figure 1); wherein the upper ends of the elongate buoyancy conduit are in fluidic communication with the upper end of the elongate gravitational distribution conduit (As shown in at least Figures 1 and 2); and the lower end of the elongate gravitational distribution conduit is in fluidic communication with the lower ends of the elongate plural buoyancy conduit such that a closed fluid loop is formed between the elongate plural buoyancy conduit and the elongate gravitational distribution conduit (As shown in at least Figures 1 and 2) with working liquid (3, 28, 29) flowing from the upper ends of the buoyancy conduits fed into the upper end of the elongate gravitational distribution conduit and working liquid flowing downwardly through the elongate gravitational distribution conduit being fed from the lower end of the elongate gravitational distribution conduit into the lower ends of the plural elongate buoyancy conduit (As shown in at least Figures 1 and 2 and as further indicated by the flow arrows arranged in a counterclockwise flow direction); a liquid turbine system (13, 16, 17) fluidically interposed between the lower end of the elongate gravitational distribution conduit and the lower ends of the plural elongate buoyancy conduit (As shown in at least Figures 1 and 2); a first fluid thermal transfer circuit (21, 23, 22) comprising: a first heat exchanger (21) in fluidic communication with each of the plural elongate buoyancy conduit (As shown in at least Figures 1 and 2; The first heat exchanger is shown placed within the fluid path of the elongate buoyancy conduit such that it is interpreted as having a portion of the heat exchanger in fluidic communication with the conduit), the first heat exchanger comprises a first heat exchange fluid (Cl. 2, ln. 66, “the fluid's primary heating means 21 having a heating fluid inlet 22 and its outlet 23”); a second fluid thermal transfer circuit (32, 35, 34, 33, 37, 38, 39, 40, 25, 41, 26) comprising: a second heat exchanger (32) in fluidic communication with an upper chamber (5) and in fluidic communication with a storage tank (39); a gas injection system (24, 25, 26, 27) in fluidic communication with each of the plural elongate buoyancy conduit and in fluidic communication with the second heat exchanger (As shown in at least Figures 1 and 2); wherein; the gas injection system is operative to inject gas into each of the plural elongate buoyancy conduit (As shown in at least Figures 1 and 2); and the gas injection system is configured to: receive refrigerant gas from the second heat exchanger (As shown in at least Figures 1 and 2; Gas received through at least piping 41 and 36, and pump 25); transfer heat to the refrigerant gas; and inject the vaporized refrigerant gas to each of the plural elongate buoyancy conduit (As shown in at least Figures 1 and 2; Cl. 2, ln. 68, “a cooled gas 24 having a boiling point substantially lower than that of water is forced by pump 25, Drawing 2, FIG. 2, at liquid state and under pressure through the gas inducer 26 and the openings of its gas dispersion nozzles 27 into the heated fluid 28 where immediately upon contact with the heated fluid 28, the cooled gas's heat absorption from said heated fluid gives rise to the gas's evaporating and subsequent expansion with the formation of great quantities of tiny bubbles 18;” Cl. 3, ln. 18 – 30; The gas inducer acts as a third heat exchanger which transfers heat into the refrigerant gas, 24, by immersion in heated fluid 28 which thereby allows the gas inducer to transfer heat from the heated fluid into the cooled gas, which remains in liquid form, prior to induction into the buoyancy conduit.); a solar thermal heating system (QIN) (the source or heat into the system (QIN) may be provided from solar energy; Cl. 1, ln. 67, “conversion of abundantly available low-temperature heat sources which are otherwise doomed to waste, such as from solar, geothermal and atmospheric heat, as well as from waste heat from existing steam power plants”) in fluidic communication with the first heat exchanger (As shown in at least Figures 1 and 2), the solar thermal heating system configured to transfer heat collected by the solar thermal heating system to the first heat exchanger (Cl. 1, ln. 67, “conversion of abundantly available low-temperature heat sources which are otherwise doomed to waste, such as from solar, geothermal and atmospheric heat, as well as from waste heat from existing steam power plants”); wherein: an injection of compressed gas into the working liquid disposed in the plural elongate buoyancy conduit will tend to induce upward flow of the working liquid in the plural elongate buoyancy conduit such that working liquid fed to the upper end of the elongate gravitational distribution conduit will have a downward flow within the elongate gravitational distribution conduit to actuate the liquid turbine system (At least Cl. 2, ln. 21 – 31; Cl. 2, ln. 49 – 68 – Cl. 3, ln. 49, “circulating fluid's higher potential energy at Section "A" is first converted into kinetical energy when set into downward motion within the device's penstock 11 and this again is converted into mechanical energy by driving the turbine-wheel 13 which, in turn, drives the rotor of the dynamo, thus generating electrical power”); and the compressed gas comprises a first refrigerant (Cl. 4, ln. 1, “The system's heat-vapor cycle utilizes a gas having a boiling point substantially lower than that of water at a given temperature and corresponding pressure, such as "Freon 12" (CCI2F2) or "Freon 22" (CHICIF2), as well as other suitable gases”); the thermal transfer circuit will tend to increase the temperature of the working fluid in plural elongate buoyancy conduit (Cl. 2, ln. 66, “the fluid's primary heating means 21 having a heating fluid inlet 22 and its outlet 23”); Kraus discloses a first heat exchanger arranged to introduce heat into the working fluid as described; however, Kraus discloses such an arrangement as a heat exchanger placed in the flow path of the working fluid (As shown in at least Figures 1 and 2) and not as an external heat transfer circuit wherein: a portion of working fluid in the plural elongate buoyancy conduit is removed from at least one of the plural elongate buoyancy conduit; the portion of working fluid circulates through the first fluid thermal transfer circuit; and the portion of working fluid is returned to the plural elongate buoyancy conduit such that Kraus also fails to explicitly disclose the circulation of the portion of working fluid through the thermal transfer circuit will tend to increase the temperature of the working fluid in plural elongate buoyancy conduit; it is noted that Kraus discloses a single elongate buoyancy conduit, such that Kraus fails to explicitly disclose plural elongate buoyancy conduits, each having the claimed features when used in the plural form in the aforesaid limitations; however, it is noted that the elongate buoyancy conduit is viewed as an essential working part of the device and as such it would have bene obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have duplicated the elongate buoyancy conduit such that the device would comprise plural elongate buoyancy conduits, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Sheehan teaches a gas-driven generator system for generating electric power from movement of a working liquid (As shown in at least Figures 1 – 3), arranged in a similar manner to that of Kraus, and further comprising an elongate gravitational distribution conduit (32, 40) and plural elongate buoyancy conduits (26) which are used together provide for circulation of a working fluid (24).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the arrangement of Kraus to incorporate plural elongate buoyancy conduits, as taught by Sheehan, with the predicted results that a plurality of such conduits will provide for a greater volume of circulating fluid and thus a higher level of energy production.
Brassea teaches an energy conversion device (Figures 1, 2, and 7) where an expanding gas (5) is used to create a buoyancy force which is used for energy conversion ([Abstract], “The expansion phase of the generative fluid includes means to heat at least the generative fluid and a relatively standing liquid through which the generative fluid is allowed to buoy up and drive gas pressure turbines, in this case multi-wheeled flotation turbines composed of closable tube segments”), wherein the flowturbine is arranged in a working fluid (4) and further comprising a first fluid thermal transfer circuit (75, 85, 75A) wherein: a portion of working fluid is removed from the reservoir (82E); the portion of working fluid circulates through the first fluid thermal transfer circuit; and the portion of working fluid is returned to the reservoir (Cl. 9, ln. 63, “A pump 75 continuously re-circulates the liquid 4 through circulating means 75A to be heated by any of the mentioned HTS 85, and re-injects same at lowest level of the stack;” where HTS 85 is a high temperature source). The reservoir of Brassea is analogous to the closed fluid circuit formed by the buoyancy conduits and gravitational distribution conduit of Kraus in view of Sheehan, and the heating of the working fluid 4 of Brassea is analogous to the heating of the working fluid 3 of Kraus.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified the first fluid thermal circuit of Kraus to incorporate an external heat transfer means, wherein the working fluid is removed from and replaced to the plural elongate buoyancy conduits of Kraus in view of Sheehan, as taught by Brassea with the predicted results that such a heat exchange scheme will work equally well as that disclosed by Kraus while moving the fluid/fluid interface of the heat exchanger means from within the elongate buoyancy conduit to an external point and with the predicted results that such a change will allow for servicing of the heat exchanger without having to drain the working fluid from the elongate buoyancy conduit. It is further noted that the change from one heat exchange circuit (that of Kraus) to that of another (that of Brassea) is viewed as a simple substitution of one known element for another. Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)). Accordingly Applicant claims a combination that only unites old elements with no change in the respective functions of those old elements, and the combination of those elements yields predictable results; absent evidence that the modifications necessary to effect the combination of elements is uniquely challenging or difficult for one of ordinary skill in the art, the claim is unpatentable as obvious under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d at 1518-19 (BPAI, 2007) (citing KSR, 127 Sc.D. at 1740, 82 USPQ2d at1396. Accordingly, since the applicant[s] have submitted no persuasive evidence that the combination of the above elements is uniquely challenging or difficult for one of ordinary skill in the art, the claim is unpatentable as obvious under 35 U.S.C. 103(a) because it is no more than the predictable use of prior art elements according to their established functions resulting in the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over US 4,041,710, “Kraus,” in view of US 9,856,850, “Sheehan,” US 5,685,147, “Brassea, and US 4,038,826, “Shaw.”
Regarding Claim 12: Kraus in view of Sheehan, and Brassea, teaches the system of claim 11; however, Kraus fails to explicitly disclose further comprising: a thermal storage system in thermal communication with the thermal heating system, the thermal storage system configured to store thermal energy captured from the gas-driven generator system.
Shaw teaches a gas-driven generator (21, 22) (Figure 6), similar in function to the apparatus of Kraus where an expanding gas is used to create a buoyancy force which is used for energy conversion, the gas-driven generator comprising a thermal heating system in the form of a solar collector (96) functioning as a thermal heating system and further comprising: a thermal storage system (73) in thermal communication with the thermal heating system (As shown in at least Figure 6 through the fluid communication provided by at least tubes 98 and 95), the thermal storage system configured to store thermal energy captured from the gas-driven generator system (Shaw, cl. 6, ln. 62 – Cl. 7, ln. 13).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have incorporated a thermal storage system, as taught by Shaw, into the thermal heating system of Kraus (The thermal heating system and energy captured from an external source are generally shown as QIN in at least Figures 1 and 2) with the predicted results that such a storage system will be capable of storing solar energy for later use by the first heat exchange of Kraus when direct solar energy is not available (Shaw, cl. 6, ln. 62 – Cl. 7, ln. 13), wherein Kraus discloses the first heat exchanger forming a portion of the thermal heating system and energy captured from an external source, QIN, is provided from solar energy (Cl. 1, ln. 67).
Allowable Subject Matter
Claims 4, 7, 9, 10, 13, 14, 17, 18, and 21 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 15, 16, 19, and 20 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 4,767,938 – Fluid dynamic energy producing device with elongate gravitational distribution conduit
US 6,051,891 – Solar energy power system to produce motive power by buoyancy
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN DOYLE whose telephone number is (571)270-5821. The examiner can normally be reached Monday - Friday, 0900 - 1700.
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, Mark Laurenzi can be reached on 571-270-7878. 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.
/BENJAMIN DOYLE/Examiner, Art Unit 3746 2026.02.06
/MARK A LAURENZI/Supervisory Patent Examiner, Art Unit 3746 2/18/2026