DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group I and Species D in the reply filed on 2026 June 11 is acknowledged.
Claim 47 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Claims 93-110 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. It is noted that claims 93-110 will be considered for rejoinder upon the determination that the elected invention is allowable.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 30-46 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 30 recites the functional limitation “the fluid movement system is configured to control a flow rate of the fluid flow to generate a substantially horizontal thermocline through the thermal energy storage assemblage”. The written description fails to adequately disclose structural features which correspond to this functional limitation. I.e., the specification does not disclose how the fluid movement system is structurally configured such that it is able to generate a substantially horizontal thermocline through the thermal energy storage assemblage. Therefore, claim 30 fails to comply with the written description requirement because it contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor had possession of the claimed structure.
Claim 31 recites a similar limitation to claim 30 and is rejected for the same reasons.
Claim 32 recites a similar limitation to claim 30 and is rejected for the same reasons.
Claim 33 recites a similar limitation to claim 30 and is rejected for the same reasons.
Claims 34-46 are rejected for depending upon a previously rejected claim.
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 30-46 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 30 recites the functional limitation “the fluid movement system is configured to control a flow rate of the fluid flow to generate a substantially horizontal thermocline through the thermal energy storage assemblage”. The written description fails to adequately disclose structural features which correspond to this functional limitation. I.e., the specification does not disclose how the fluid movement system is structurally configured such that it is able to generate a substantially horizontal thermocline through the thermal energy storage assemblage. Therefore, the claimed is rendered indefinite because one of ordinary skill in the art cannot be reasonably certain of the structural metes and bounds of the claimed invention.
Claim 31 recites a similar limitation to claim 30 and is rejected for the same reasons.
Claim 32 recites a similar limitation to claim 30 and is rejected for the same reasons.
Claim 33 recites a similar limitation to claim 30 and is rejected for the same reasons.
Claims 30-33, 38, and 42 each recite the term “substantially”. The term “substantially” is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 34-37, 39-41, and 43-46 are rejected for depending upon a previously rejected claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each reference discloses a thermal energy storage system similar to Applicant’s invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jon T. Schermerhorn Jr. whose telephone number is (571)270-5283. The examiner can normally be reached M-F 9am to 5pm.
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, Len Tran can be reached at (571) 272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JON T. SCHERMERHORN JR./Primary Examiner, Art Unit 3763
