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 . Claims 1-20 are presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 0827/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Inventorship
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
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 of this title, 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.
Claim 1-4,6-17,19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jones et al. ( US PG Pub 20120091942 A JONES INSTITUTE OF TECHNOLOGY (hereinafter 'Jones') Document (WO 2012050624a) in view of Rastegar ( US 202100367127 A to OMNITEK PARTNERS LLC (hereinafter 'RASTEGAR').
Re-claim 1, JONES discloses a system for generating electrical power from a marine environment thermal gradient (utilizing a submerged thermally based electric generator that comprises a temperature-responsive material that utilizes differences in depths in order to generate energy; abstract), which comprises: a cable extending vertically between a lesser depth and a greater depth of a body of water (as shown in FIG. 1, a tether 120 extends vertically between a lesser depth and a greater depth in a body of water; paragraph [0024] and FIG. l); and a buoyancy-driven submersible configured to travel vertically in reciprocating motion between the lesser depth and greater depth of the body of water along the cable (a submersible vehicle 130 is adapted to ascend or descend to different depths along the tether, by way of a change in volume of an external bladder (buoyancy-driven); paragraphs [0024], [0031]); wherein the buoyancy-driven submersible comprises: a hull comprising an exterior surface configured to contact the water and an interior surface defining an internal volume of the buoyancy-driven submersible (in an embodiment shown in FIG. 5, the submersible vehicle has double-hull configuration with exterior surface, outer hull 530, to contact the ocean water, and an interior surface, inner hull 520, defining an internal volume 510; paragraph [0040] and FIG. 5); a generator (submersible vehicle 130 contains a cycling thermal phase-change-material electric generator; paragraph [0024]); a phase change material disposed within the internal volume of the buoyancy-driven submersible and in thermal communication with the generator (in an embodiment shown in FIG. 5, a phase change material, CO2, is disposed within the internal volume 510, and the phase change material is also in thermal communication with the generator through a cycle of storing the cold CO2 and releasing it when it is warmed and pressurized in order to expand through a turbine; paragraph [0040]); a battery electrically connected to the generator (the submersible vehicle's phase-change-material electric generator can charge a battery 140 connected to the generator via tether 120; paragraph [0024]); and a buoyancy control mechanism (in some embodiments, the generator also produces buoyancy control if the lower pressure fluid is vented to an external bladder at depth; paragraph [0034]).
JONES fails to explicitly disclose wherein the generator is a plurality of thermoelectric generators disposed on the interior surface of the hull.
However, RASTEGAR discloses wherein the generator is a plurality of thermoelectric generators disposed on the interior surface of the hull (in an embodiment of Figures 6-7, a thermoelectric generator system (TEGS) 10, composed of several thermoelectric generator modules 19, is disposed on the inner surface 11 of plate 14, which plate 14 may be the outer layer of a furnace wall or the leading edge skin of a projectile; paragraph [0102] and Figures 6-7).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to modify JONES to include the generator being a plurality of thermoelectric generators disposed on the interior surface of the hull, as taught by RASTEGAR, in order to gain the advantage of a generator that has no moving parts and to protect the generator from high direct heat exposure (RASTEGAR; paragraph [0031]).
PNG
media_image1.png
615
353
media_image1.png
Greyscale
PNG
media_image2.png
782
444
media_image2.png
Greyscale
PNG
media_image3.png
506
684
media_image3.png
Greyscale
PNG
media_image4.png
631
709
media_image4.png
Greyscale
Re-claim 2, JONES and RASTEGAR, in combination, disclose the system of Claim 1. JONES further discloses a top platform (a submerged buoy 110; paragraph [0024] and FIG. l); and a bottom platform positioned at a distance below the top platform and at a depth within a body of water (an anchor and battery 140 at the bottom of an ocean or lake, seen below buoy 110 in FIG. 1; paragraph [0024] and FIG. l); wherein the cable extends vertically from the top platform to the bottom platform (as seen in FIG. 1, tether 120 extends vertically from the submerged buoy 110 to the anchor and battery 140; FIG. 1), and wherein the buoyancy-driven submersible is configured to travel vertically in reciprocating motion between the top platform and bottom platform along the cable (the submersible vehicle 130 is adapted to ascend or descend to different depths along the tether; paragraph [0024]).
Re-claim 3, JONES and RASTEGAR, in combination, disclose the system of Claim 2. JONES further discloses the top platform is positioned to float on the surface of the body of water (a buoy, such as buoy 110, can be partially submerged at the surface of a body of water, i.e., floating on the surface; paragraph [0025]).
Re-claim 4, Jones as modified discloses the system of claim 2, wherein the bottom platform (an anchor and battery 140 at the bottom of an ocean or lake, seen below buoy 110 in FIG. 1; paragraph [0024] and FIG. l) is positioned at a depth of from 300 m to 1000 m below the surface of the body of water (P[0024], bottom is 5mm m deeper, or bottom of lake, 110 is at bottom of ocean, battery is at bottom as well)r.
Re-claim 6, Jones as modified discloses the system of claim 1,
Jones fail to explicitly teach wherein one or more of the plurality of thermoelectric generators comprise Bi₂Te₃, Bi0.4Sb1.6Te3, PbSeTe and PbTe, PbTe and Pb1-xEuxTe, Ag2Se and p-Ag2Te, or a carbon nanotube/poly(dimethylsiloxane) composite.
However, Rastegar teaches wherein one or more of the plurality of thermoelectric generators comprise Bi₂Te₃, Bi0.4Sb1.6Te3, PbSeTe and PbTe, PbTe and Pb1-xEuxTe, Ag2Se and p-Ag2Te, or a carbon nanotube/poly(dimethylsiloxane) composite (P[0007), material in generator is PbTe).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to modify JONES to include one or more of the plurality of thermoelectric generators comprise Bi₂Te₃, Bi0.4Sb1.6Te3, PbSeTe and PbTe, PbTe and Pb1-xEuxTe, Ag2Se and p-Ag2Te, or a carbon nanotube/poly(dimethylsiloxane) composite as taught by RASTEGAR, in order to gain the advantage of a generator that has no moving parts and to protect the generator from high direct heat exposure and provide heat and high performance, and great operating temp (RASTEGAR; paragraph [007,0010,0031]).
Re-claim 7, Jones discloses the system of claim 1, Jones further teaches wherein the phase change material has a transition temperature that is within the range of from about -4 °C to about 30 °C (P[0036], PCM temp is 10 or 18 degrees, which falls withing claimed range, in an embodiment shown in FIG. 5, a phase change material, CO2, is disposed within the internal volume 510, and the phase change material is also in thermal communication with the generator through a cycle of storing the cold CO2 and releasing it when it is warmed and pressurized in order to expand through a turbine; paragraph [0040]);.
Re-claim 8, Jones as modified discloses the system of claim 1, wherein the phase change material is a paraffin wax, a fatty acid, formic acid, or a hydrocarbon (210, hydraulic fluid, Other paraffin PCMs or non-paraffin PCMs, such as alcohols or oils, can be used as is known in the art. P[0036]).
Re-claim 9, Jones as modified discloses the system of claim 1, wherein the phase change material(PCH, 210) occupies 20% or more of the internal volume of the buoyancy-driven submersible (PCM inside 410,inside of cannister, therefore, is at least 94 percent in PCM, 6% can be aluminum, see P[0036-0038]).
Re-claim 10, Jones as modified discloses the system of claim 1, wherein the buoyancy control mechanism comprises an internal bladder (220) , an external bladder (260), and a fluid reservoir (200) comprising a fluid (210) for transfer between the internal and external bladders (220,260) in some embodiments, the generator also produces buoyancy control if the lower pressure fluid is vented to an external bladder at depth; paragraph [0034]), P[0032, or 545 stored, bladders 550, 520,530, as bladders also).
Re-claim 11, Jones as modified discloses the system of claim 10, wherein the fluid is hydraulic oil or compressed gas (210, Co2, or hydraulic oil).
Re-claim 12, Jones as modified discloses the system of claim 10 above.
Jones further teaches wherein the buoyancy control mechanism further comprises a piston configured to transfer fluid between the fluid reservoir and the internal bladder; wherein the piston is driven at least in part by volumetric expansion and contraction of the phase change material (valve such as valve in fig.5, shown inside of 530, allow fluid to push piston which in turn allow for generation of electricity, see P[0006], piston is part of valve).
Re-claim 13, Jones as modified discloses the system of claim 10, which further comprises a pump (electric pump, P[0031]) configured to transfer fluid from the external bladder to the internal bladder or from the internal bladder to the external bladder (P[0031], o change the volume of an external bladder, or by any other mechanism that allows the submersible vehicle to ascend or descend along the tether, whether autonomously, or with the aid of an external mechanism, e.g. a motor and/or pulley).
Re-claim 14, JONES and RASTEGAR, in combination, disclose the system of Claim 2. JONES further discloses a docking station configured to extract electrical power from the battery of the buoyancy-driven submersible to a central system battery (the charging station of FIG. 1 itself is a docking station that can be configured to extract the electrical power from the generator and battery contained within the submersible to a central system battery located in an autonomous vehicle separate from the charging station; paragraphs [0029] and [0031]),
Re-claim 15, Jones as modified discloses the system of claim 14, which further comprises a transmission line (P[0029, transfer of power from and to battery can be magnet or direct electrical contact or other microwave energy transfer methods, )configured to deliver electrical power from the central system battery (battery in fig.6) to a power consumption application (AUV, see P[0028-0030,P[0024)).
Re-claim 16, Jones as modified discloses the system of claim 15, wherein the docking station and central system battery (140,ancor, tether, buoy, 110, at bottom of ocean)) are disposed on the top platform and the transmission line extends from the central system battery to the power consumption application wherein the docking station and central system battery are disposed on the top platform
(a submerged buoy 110; paragraph [0024] and FIG. l, (in embodiments where the submersible's battery is located in the top platform buoy, the docking station for the autonomous vehicle to charge its battery must also dock to the top platform buoy; paragraph [0029], P[0028, In some embodiments, the buoy and/or tether are resistant to biofouling. Biofouling is the undesirable accumulation of microorganisms, plants, algae, and/or animals on wetted structures, and can be minimized by special coatings as is well known to one skilled in the art. In some embodiments, the rechargeable battery is located close to or in the buoy. In some embodiments, the rechargeable battery is located in the anchor.).
Re-claim 17, Jones as modified discloses the system of claim 15, wherein the power consumption application is an aquaculture farm, an unmanned underwater vehicle (AUV, P[004])), an offshore platform, an underwater energy storage device, a water desalination station, an energy carrier production station, or an environmental sensor.
Re-claim 19, JONES discloses a method for generating electrical power from a marine environment thermal gradient (utilizing a submerged thermally based electric generator that comprises a temperature-responsive material that utilizes differences in depths in order to generate energy; abstract), which comprises: providing a cable extending vertically between a lesser depth and a greater depth of a body of water (a tether 120 is provided, extending vertically between a lesser depth below the water surface 150 and a greater depth at 160, shown in FIG. l; paragraph [0024]); providing a buoyancy-driven submersible (a submersible vehicle 130 is provided which can ascend and descend by way of a volume change of an external bladder (buoyancy-driven); paragraphs [0024], [0031]) that comprises: a hull comprising an exterior surface in contact with the water and an interior surface defining an internal volume of the buoyancy-driven submersible (in an embodiment shown in FIG. 5, the submersible vehicle has double-hull configuration with exterior surface, outer hull 530, to contact the ocean water, and an interior surface, inner hull 520, defining an internal volume 510; paragraph [0040] and FIG. 5); a generator (submersible vehicle 130 contains a cycling thermal phase-change-material electric generator; paragraph [0024]); a phase change material disposed within the internal volume of the buoyancy-driven submersible and in thermal communication with the generator (in an embodiment shown in FIG. 5, a phase change material, CO2, is disposed within the internal volume 510, and the phase change material is also in thermal communication with the generator by a cycle of storing the cold CO2 and releasing the warmed and pressurized CO2 to expand through a turbine; paragraph [0040]); a battery electrically connected to the generator (the submersible vehicle's phase-change-material electric generator can charge a battery 140 connected to the generator via tether 120, and in certain embodiments, the battery can be contained in the vehicle itself; paragraph [0024] and [0031]); and a buoyancy control mechanism (in some embodiments, the generator also produces buoyancy control if the lower pressure fluid is vented to an external bladder at depth; paragraph [0034]); moving the buoyancy-driven submersible vertically in reciprocating motion between the lesser depth and greater depth of the body of water along the cable (moving the vehicle 130 along the tether 120 between lesser and greater depths generates electricity; paragraph [0024]), wherein the body of water possesses a temperature gradient in the vertical direction of movement of the buoyancy-driven submersible (in the vertical direction that the submersible vehicle 130 moves, the temperature of the water varies at different depths; paragraph [0024]); generating electrical power from the generator of the buoyancy-driven submersible (electrical power is produced from the generator as a result of materials in the generator expanding and condensing from temperature differences in the water; paragraph [0024]); and storing electrical power generated by the generator in the battery of the buoyancy-driven submersible (the electrical power from the generator is stored in the battery by charging the battery; paragraph [0024]).
JONES fails to disclose wherein the generator is a plurality of thermoelectric generators disposed on the interior surface of the hull.
However, RASTEGAR discloses wherein the generator is a plurality of thermoelectric generators disposed on the interior surface of the hull (in an embodiment of Figures 6-7, a thermoelectric generator system (TEGS) 10, composed of several thermoelectric generator modules 19, is disposed on the inner surface 11 of plate 14, which plate 14 may be the outer layer of a furnace wall or the leading edge skin of a projectile; paragraph [0102] and Figures 6-7).
It would have been obvious to one of ordinary skill in the art before the effective filling of the invention to modify JONES to include the generator being a plurality of thermoelectric generators disposed on the interior surface of the hull, as taught by RASTEGAR, in order to gain the advantage of a generator that has no moving parts and to protect the generator from high direct heat exposure (RASTEGAR; paragraphs [0031], [0037]).
Re-claim 20, JONES and RASTEGAR, in combination, disclose the method of Claim 19. JONES further discloses movement of the buoyancy-driven submersible at a greater depth of the body of water to discharge the phase change material (when the vehicle moves or descends to a greater depth, charged phase change material, in this case CO2, is discharged by opening a control valve to allow the pressurized, charged CO2 to expand through a turbine and produce electricity; paragraph [0040]), and movement of the buoyancy-driven submersible at a lesser depth of the body of water or at or above the water surface to charge the phase change material (once the vehicle moves or ascends to near the surface, previously stored cool phase change material, in this case CO2, is charged by pressurization via the warmer temperature and stored for use after descent; paragraph [0040]).
It would have been obvious to modify JONES to include pausing movement of the buoyancy-driven submersible to charge and discharge the phase change material because heat transfer from the water to the buoyancy-driven submersible and the phase change material contained therein does not complete instantaneously. Charging and discharging the phase change material occurs via a temperature difference in the phase change material that allows for pressurization and depressurization of the phase change material (JONES; paragraph [0040]). The phase change material changes temperature, and therefore can be charged or discharged, based on the temperature of the water at certain depths. The buoyancy-driven submersible must spend a certain amount of time at a lesser depth to warm the submersible and the phase change material contained therein, thereby charging the phase change material. Similarly, the buoyancy-driven submersible must spend a certain amount of time at a greater depth to cool the submersible and the phase change material contained therein, thereby discharging the phase change material. As such, temperature changes in the buoyancy-driven submersible containing a phase change material do not occur instantaneously at a greater depth or a lesser depth, and therefore charging and discharging of the phase change material do not occur instantaneously. Only after having spent a certain amount of time for the temperature within the submersible to adjust. Spending more time at a certain depth can occur by moving through the certain depth without changing depth or by fixing a position, i.e., pausing movement, at a certain depth to allow temperature changes to charge or discharge the phase change material. Pausing movement would gain the advantage of conserving battery power in embodiments of JONES where the battery powers movement of the submersible (JONES; paragraph [0029]).
Claim 5 are rejected under 35 U.S.C. 103 as being unpatentable over Jones in view of Rastegar, and in further view of Forrest ( US 5,944,480 A FORREST, BRAD A. (hereinafter 'FORREST').
Re-claim 5, , JONES and RASTEGAR, in combination, disclose the system of claim 2.
JONES further discloses the hull of the buoyancy-driven submersible has an annular cross section (as seen in FIG. 5, the hull has an annular volume 510 between inner and outer hulls; paragraph [0040] and FIG. 5).
JONES fails to disclose the annular cross section defines a hole extending vertically through the buoyancy-driven submersible and in which the cable is disposed.
FORREST discloses the annular cross section defines a hole extending vertically through the buoyancy-driven submersible and in which the cable is disposed (buoyancy-driven floats 17 have annular cross sections defining a hole, as seen in FIG. 3, through which connection cables 18 are disposed; col. 2, lines 64-67, col. 3, lines 59-62; FIGS. 1-3).
Therefore, It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to modify JONES, to include the annular cross section defining a hole extending vertically through the buoyancy-driven submersible and in which the cable is disposed, as taught by FORREST, in order to gain the advantage of providing a fixed, continuous, repeatable path for the chain, and therefore the floats, to travel upon (FORREST; col. 3, lines 9-19).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Jones in view of Rastegar, and in further view WO 2004/113718 Al to FOBOX AS (hereinafter 'FOBOX').
Re-Claim 18, JONES and RASTEGAR, in combination, disclose the system of Claim 2.
JONES fails to disclose two or more cables extending from the top platform to the bottom platform and two or more corresponding buoyancy-driven submersibles, wherein each buoyancy-driven submersible is configured to travel vertically in reciprocating motion, independently of each other, between the top platform and bottom platform along a corresponding cable.
FOBOX discloses two or more cables extending from the top platform to the bottom platform and two or more corresponding buoyancy-driven submersibles (Figure 8 shows an embodiment in which between a top platform, deck 54, and a bottom platform, base 52, are disposed a plurality of rods 51 corresponding to a plurality of buoyancy-driven submersibles, floating bodies 50; page 13, lines 14-21, FIG. 8), wherein each buoyancy-driven submersible is configured to travel vertically in reciprocating motion, independently of each other, between the top platform and bottom platform along a corresponding cable (each buoyancy-driven submersible 50 in FIG. 8 is configured to travels in a reciprocating motion according to a height of the surrounding water as shown in FIG. 4, i.e., independent of one another, between top platform 54 and bottom platform 52 along a corresponding cable 51; page 7, lines 5-27, page 13, lines 14-21, FIGS. 4 and 8).
It would have been obvious to one of ordinary skill in the art prior to the relevant date to modify JONES to include two or more cables extending from the top platform to the bottom platform and two or more corresponding buoyancy-driven submersibles, wherein each buoyancy-driven submersible is configured to travel vertically in reciprocating motion, independently of each other, between the top platform and bottom platform along a corresponding cable, as taught by FOBOX, in order to gain the advantage of eliminating the need to have comprehensive trussed structure to create individual chambers for housing each respective floating body, such that the overall design can be simpler (FOBOX; page 13, lines 14-21).
PNG
media_image5.png
433
710
media_image5.png
Greyscale
PNG
media_image6.png
557
681
media_image6.png
Greyscale
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure in PTO892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAGED M ALMAWRI whose telephone number is (313)446-6565. The examiner can normally be reached on Monday - Thursday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher M. Koehler can be reached on 5712723560. 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.
/MAGED M ALMAWRI/Primary Patent Examiner, Art Unit 2834
