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
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 21-26, 28-31, 33, 34, 36-40, and 42-44 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bell (4,206,608). Regarding claim 21, Bell discloses energy storage system with at least one energy storage (tanks 36 of Fig. 1, depicted in detail as tanks 100 of figures 6a-6d) comprising a gas compartment (gas portion of high pressure storage tanks 100) storing an initial gas (air) with an initial pressure, and a liquid compartment (liquid portion of high pressure storage tanks 100) coupled to the gas compartment (col. 10, lines 18-24), a liquid source 64 storing a working liquid for supplying to the liquid compartment (supplied via pump 54 following the path 66, 68, and 72), and a converter 42,44 generating electricity when the working liquid from the liquid compartment engages the converter 42,44, wherein the at least one energy storage 36, the liquid source 64, and the converter 42,44 form a closed loop system (Fig. 1), wherein, during a first operation of the closed loop system, the working liquid flows within the closed system and enters the liquid compartment via an opening of the liquid compartment thereby compressing the initial gas in the gas compartment forming a first pressure energy, and during a second operation of the closed loop system, the initial gas (air in tank 36) forces the working liquid flowing into the converter 42,44 generating electricity (col. 4, lines 45-55) and forming a second pressure energy.
Regarding claim 22, Bell discloses that the initial pressure is 5 atm or above (1000 psi col. 7, lines 49-57).
Regarding claim 23, Bell discloses that the initial pressure is 10 atm or above (1000 psi col. 7, lines 49-57).
Regarding claim 24, Bell discloses that the liquid compartment stores an initial liquid (liquid portion of high pressure storage tanks 100).
Regarding claim 25, Bell discloses that wherein the working liquid enters the liquid compartment driving the initial liquid to compress the initial gas in the gas compartment.
Regarding claim 26, Bell discloses that the initial liquid flows between the gas compartment and the liquid compartment.
Regarding claim 28, Bell discloses that the initial gas is compressed until the gas compartment reaches a predetermined pressure.
Regarding claim 29, Bell discloses that the predetermined pressure is between 4 Mpa and 12 Mpa (1000 psi col. 7, lines 49-57).
Regarding claim 30, Bell discloses that the predetermined pressure is 8 atm or above (1000 psi col. 7, lines 49-57).
Regarding claim 31, Bell discloses that the predetermined pressure is between 15 atm and 80 atm (1000 psi col. 7, lines 49-57).
Regarding claim 33, Bell further discloses a pump 54 configured for moving and injecting the working liquid (from tank 64), into the liquid compartment.
Regarding claim 34, Bell discloses that the converter 42,44 receives the working liquid from the at least one energy storage 36 and outputs the working liquid towards the liquid source 64.
Regarding claim 36, Bell discloses that the energy storage system is communicatively coupled with an energy demand control device 46 via an electric power network 48.
Regarding claim 37, Bell discloses an energy storage system with at least one energy storage container (tanks 36 of Fig. 1, depicted in detail as tanks 100 of figures 6a-6d) comprising a gas compartment storing an initial gas (gas (air) portion of high pressure storage tanks 100), and a liquid compartment (liquid portion of high pressure storage tanks 100) including an opening (in via line 72 or out via line 40), a liquid source 64 storing a working liquid, a converter 42,44 generating electricity (col. 4, lines 45-55), and a pump 54 controlling a flow rate of the working liquid to act on the initial gas (supplied via pump 54 following the path 66, 68, and 72), wherein the at least one energy storage 36, the liquid source 64, and the converter 42,44 form a closed system (Fig. 1), wherein, during a first operation of the closed system, the working liquid enters the liquid compartment via the opening (via line 72) thereby compressing the initial gas in the gas compartment forming a first pressure energy, and during a second operation of the closed system, the initial gas expands thereby discharging the working liquid out of the liquid compartment (via line 40) towards the converter 42,44.
Regarding claim 38, Bell discloses that the gas compartment and the liquid compartment are within the energy storage container 36.
Regarding claim 39, Bell discloses that the liquid compartment stores an initial liquid.
Regarding claim 40, Bell discloses that the working liquid enters the liquid compartment driving the initial liquid to compress the initial gas in the gas compartment (supplied via pump 54 following the path 66, 68, and 72).
Regarding claim 42, Bell discloses a method of an energy storage system comprises: generating a first pressure energy by flowing a working liquid entering a liquid compartment (liquid portion of high pressure storage tanks 100) of an energy storage (tanks 36 of Fig. 1, depicted in detail as tanks 100 of figures 6a-6d) thereby compressing an initial gas (air) in a gas compartment (gas portion of high pressure storage tanks 100)of the energy storage (supplied via pump 54 following the path 66, 68, and 72); discharging the working liquid out of the liquid compartment and flowing into the generator 44, and driving the generator 44 to generate electricity with the discharged working fluid (col. 4, lines 45-55).
Regarding claim 43, Bell discloses that the liquid compartment stores an initial liquid.
Regarding claim 44, Bell discloses that the second pressure energy drives the initial liquid in a second direction (out via line 40) that is opposite the first direction (in via line 72) to discharge the working liquid out of the liquid compartment of the energy storage 36.
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.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Bell, as applied to claim 21 above, in view of Mcphee et al. (6,109,358). Bell discloses all of the claimed subject matter except that the at least one energy storage comprises a pressure safety valve to selectively release gas or liquid to release pressure.
Mcphee et al. teaches for an energy storage 22 and that there is (claim 27) a pressure safety valve 36 to selectively release gas or liquid to release pressure for the purposes of protecting the energy storage from damage due to overpressure. See Mcphee et al. col. 8, lines 2-8.
Since Bell and Mcphee et al. are both in the same field of endeavor the purpose disclosed by Mcphee et al. would have been recognized in the pertinent art of Bell. It would have been obvious at a time before the invention was effectively filed to a person having ordinary skill in the art to modify the energy storage of Bell to include a pressure safety valve to selectively release gas or liquid to release pressure for the purposes of protecting the energy storage from damage due to overpressure.
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Bell, as applied to claim 24 above. Bell discloses all of the claimed subject matter except that the initial gas comprises air and the initial liquid comprises water.
Although Bell does not specifically state that the hydraulic fluid is water, Bell does teach that water energy is commonly used in the production of electricity and that water is used to drive blades of a turbine for the purposes of generating electricity (see Bell col. 1, lines 14-18 and col. 9, lines 34-68). It would have been obvious at a time before the invention was effectively filed to a person of ordinary skill in the art for the hydraulic fluid of Bell to be water for the purposes of generating electricity.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Bell, as applied to claim 21 above. Bell discloses all of the claimed subject matter except that the at least one energy storage comprises at least 200 energy storages.
Since the applicant has not disclosed that having at least 200 energy storages solves any stated problem or is for any particular purpose above the fact that they would merely meet electrical energy requirements of a specific application and it appears that the energy storage system of Bell would perform equally well with at least 200 energy storages as claimed by applicant, it would have been an obvious matter of engineering expedience to modify the energy storage system of Bell such that at least 200 energy storages are provided as claimed for the purposes of meeting energy storage and supply requirements. See Bell col. 8, lines 23-62.
Claim 41 is rejected under 35 U.S.C. 103 as being unpatentable over Bell, as applied to claim 39 above, in view of Heidenreich (7281,371) Bell discloses all of the claimed subject matter except that the energy storage system further comprises a computer controlling system configured to operate the energy storage system in an energy storing mode and an energy discharging mode.
Heidenreich teaches for an energy storage system with a gas compartment 48, a liquid compartment 46, and a converter 24, wherein there is an energy storing mode (col. 4, lines 38-42) and an energy discharging mode (col. 4, lines 38-42) and that there is (claim 41) a computer controlling system 70 configured to operate the energy storage system in an energy storing mode and an energy discharging mode for the purposes of regulating the use and storage of energy efficiently. See Heidenreich col. 4, lines 36-57.
Since Bell and Heidenreich are both in the same field of endeavor the purpose disclosed by Heidenreich would have been recognized in the pertinent art of Bell. It would have been obvious at a time before the invention was effectively filed to a person having ordinary skill in the art to modify the system of Bell to include a computer controlling system configured to operate the energy storage system in an energy storing mode and an energy discharging mode for the purposes of regulating the use and storage of energy efficiently.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, and 44 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11, 16, 12, 5, 5, 6, 13, 15, 8, 9, 10, 17, 18, 20, 21, 23, 24, 26, and 27 of U.S. Patent No. 12,355,238. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 11, 16, 12, 5, 5, 6, 13, 15, 8, 9, 10, 17, 18, 20, 21, 23, 24, 26, and 27 of the patent “anticipate” application claims 21, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, and 44. Accordingly application claims 21, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, and 44 are not patentably distinct from patent claims 1, 11, 16, 12, 5, 5, 6, 13, 15, 8, 9, 10, 17, 18, 20, 21, 23, 24, 26, and 27. Patent claims 1, 11, 16, 12, 5, 5, 6, 13, 15, 8, 9, 10, 17, 18, 20, 21, 23, 24, 26, and 27 anticipate application claims 21, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, and 44 as noted in the following table:
Application Claims
Patent Claims
21. An energy storage system comprising: at least one energy storage comprising: a gas compartment storing an initial gas with an initial pressure, and a liquid compartment coupled to the gas compartment; a liquid source storing a working liquid for supplying to the liquid compartment; and a converter generating electricity when the working liquid from the liquid compartment engages the converter; wherein the at least one energy storage, the liquid source, and the converter form a closed loop system; wherein, during a first operation of the closed loop system, the working liquid flows within the closed system and enters the liquid compartment via an opening of the liquid compartment thereby compressing the initial gas in the gas compartment forming a first pressure energy, and during a second operation of the closed loop system, the initial gas forces the working liquid flowing into the converter generating electricity and forming a second pressure energy.
1. An energy storage system comprising: at least one energy storage, wherein each energy storage of the at least one energy storage comprises a set of: a gas compartment storing an initial gas, and a liquid compartment having an opening in fluid communication with the gas compartment; a liquid source storing a working liquid; and a converter generating electricity; wherein the at least one energy storage, the liquid source, and the converter form a closed system; wherein, during one operation of the closed system, the working liquid circulates the closed system and enters the liquid compartment via the opening thereby compressing the initial gas in the gas compartment forming a first pressure energy, and during another operation of the closed system, the initial gas expands thereby discharging the working liquid out of the opening towards the converter forming a second pressure energy.
24. The energy storage system of Claim 21 wherein the liquid compartment stores an initial liquid.
11. The energy storage system of claim 1 wherein the liquid compartment stores an initial liquid.
25. The energy storage system of Claim 24 further wherein the working liquid enters the liquid compartment driving the initial liquid to compress the initial gas in the gas compartment.
16. The energy storage system of claim 11 further wherein the working liquid enters the liquid compartment driving the initial liquid to compress the initial gas in the gas compartment.
26. The energy storage system of Claim 24, wherein the initial liquid flows between the gas compartment and the liquid compartment.
12. The energy storage system of claim 11, wherein the initial liquid fluidly moves between the gas compartment and the liquid compartment.
27. The energy storage system of Claim 21, wherein the at least one energy storage comprises a pressure safety valve to selectively release gas or liquid to release pressure.
5. The energy storage system of claim 1, wherein the initial gas is compressed until the gas compartment reaches a predetermined pressure, wherein at least one energy storage of the at least one energy storage comprises a pressure safety valve to selectively release gas or liquid to release pressure.
28. The energy storage system of Claim 21, wherein the initial gas is compressed until the gas compartment reaches a predetermined pressure.
5. The energy storage system of claim 1, wherein the initial gas is compressed until the gas compartment reaches a predetermined pressure, wherein at least one energy storage of the at least one energy storage comprises a pressure safety valve to selectively release gas or liquid to release pressure.
29. The energy storage system of Claim 28, wherein the predetermined pressure is between 4 Mpa and 12 Mpa.
6. The energy storage system of claim 5, wherein the predetermined pressure is between 4 Mpa and 12 Mpa.
32. The energy storage system of Claim 24, wherein the initial gas comprises air and the initial liquid comprises water.
13. The energy storage system of claim 11, wherein the initial gas comprises air and the initial liquid comprises water.
33. The energy storage system of Claim 24, further comprising a pump configured for moving and injecting the working liquid, into the liquid compartment.
15. The energy storage system of claim 11 furthering comprising a pump configured for moving and injecting the working liquid, through a pipe, into the liquid compartment for driving the initial liquid into the gas compartment, thereby continuously compressing the initial gas in the gas compartment until the initial gas in the gas compartment reaches a predetermined pressure.
34. The energy storage system of Claim 21, wherein the converter receives the working liquid from the at least one energy storage and outputs the working liquid towards the liquid source.
8. The energy storage system of claim 1, wherein the converter receives the working liquid from the at least one energy storage and outputs the working liquid towards the liquid source.
35. The energy storage system of Claim 21, wherein the at least one energy storage comprises at least 200 energy storages.
9. The energy storage system of claim 1, wherein the at least one energy storage comprises at least 200 energy storages.
36. The energy storage system of Claim 21, wherein the energy storage system is communicatively coupled with an energy demand control device via an electric power network.
10. The energy storage system of claim 1, wherein the energy storage system is communicatively coupled with an energy demand via an electric power network.
37. (new) An energy storage system comprising: at least one energy storage container comprising: a gas compartment storing an initial gas, and a liquid compartment including an opening; a liquid source storing a working liquid; a converter generating electricity; and a pump controlling a flow rate of the working liquid to act on the initial gas; wherein the at least one energy storage, the liquid source, and the converter form a closed system; wherein, during a first operation of the closed system, the working liquid enters the liquid compartment via the opening thereby compressing the initial gas in the gas compartment forming a first pressure energy, and during a second operation of the closed system, the initial gas expands thereby discharging the working liquid out of the liquid compartment towards the converter.
17. An energy storage system comprising: at least one energy storage, wherein each energy storage of the at least one energy storage comprises: a gas compartment storing an initial gas, and a liquid compartment including an opening; a liquid source storing a working liquid; a converter generating electricity; and a pump adjusting a flow rate of the working liquid to generate a higher pressure to act on the initial liquid and the initial gas; wherein the at least one energy storage, the liquid source, and the converter form a closed system; wherein, during one operation of the closed system, the working liquid circulates the closed system and enters the liquid compartment via the opening thereby compressing the initial gas in the gas compartment forming a first pressure energy, and during another operation of the closed system, the initial gas expands thereby discharging the working liquid out of the opening of the liquid compartment towards the converter.
38. The energy storage system of Claim 37, wherein the gas compartment and the liquid compartment are within the energy storage container.
18. The energy storage system of claim 17, wherein the gas compartment and the liquid compartment are within a fluid container.
39. The energy storage system of Claim 37, wherein the liquid compartment stores an initial liquid.
20. The energy storage system of claim 17 wherein the liquid compartment stores an initial liquid.
40. The energy storage system of Claim 39, further wherein the working liquid enters the liquid compartment driving the initial liquid to compress the initial gas in the gas compartment.
21. The energy storage system of claim 20 further wherein the working liquid enters the liquid compartment driving the initial liquid to compress the initial gas in the gas compartment.
41. The energy storage system of Claim 39, wherein the energy storage system further comprises a computer controlling system configured to operate the energy storage system in an energy storing mode and an energy discharging mode.
23. The energy storage system of claim 22, wherein the energy storage system further comprises a computer controlling system configured to operate the energy storage system in an energy storing mode and an energy discharging mode; wherein in the energy storing mode, the working fluid drives the initial liquid in the first direction; wherein the energy discharging mode, the first pressure energy drives the initial liquid in the second direction.
42. (new) A method of an energy storage system comprises: generating a first pressure energy by flowing a working liquid entering a liquid compartment of an energy storage thereby compressing an initial gas in a gas compartment of the energy storage; discharging the working liquid out of the liquid compartment and flowing into the generator; and driving the generator to generate electricity with the discharged working fluid.
24. A method of an energy storage system comprises: generating, during one operation, a first pressure energy by flowing a working liquid into an opening of a liquid compartment of an energy storage thereby compressing an initial gas in a gas compartment of the energy storage; generating a second pressure energy to discharge the working liquid out of the opening of the liquid compartment of the energy storage; and driving a generator to generate electricity in response to the discharge.
43. The method of Claim 42, wherein the liquid compartment stores an initial liquid.
26. The method of claim 24 wherein the liquid compartment stores an initial liquid.
44. The method of Claim 43, wherein the second pressure energy drives the initial liquid in a second direction that is opposite the first direction to discharge the working liquid out of the liquid compartment of the energy storage.
27. The method of claim 26 wherein the second pressure energy drives the initial liquid in a second direction that is opposite the first direction to discharge the working liquid out of the opening of the liquid compartment of the energy storage.
Thus it is apparent that the more specific patent claims 1, 11, 16, 12, 5, 5, 6, 13, 15, 8, 9, 10, 17, 18, 20, 21, 23, 24, 26, and 27 encompass application claims 21, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, and 44. Following the rationale in In re Goodman cited in the preceding paragraph, where applicant has once been granted a patent containing a claim for the specific or narrower invention, applicant may not then obtain a second patent with a claim for the generic or broader invention without first submitting an appropriate terminal disclaimer.
Prior Art
Prior art made of record but not relied upon is considered pertinent to Applicant's disclosure for showing other energy storage systems with tanks and converters to generate electricity.
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Thomas Lazo whose telephone number is (571) 272-4818. The examiner can normally be reached on Monday-Friday from 8:00 am to 4:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor Nathaniel Wiehe, can be reached on (571) 272-8648. The fax phone number for this Group 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.
/THOMAS E LAZO/Primary Examiner,
Art Unit 3745
May 2, 2026
Prosecution Insights