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 .
Status of Claims
Claims 1, 4-18, and 20 are pending. Claims 12-16 are withdrawn from consideration.
Response to Arguments
Applicant’s arguments, see Remarks, filed 2/27/2025, with respect to the 103 rejections have been fully considered but they are not persuasive.
Applicant’s arguments contain a statement indicating that Applicant considers the claims patentable over Mahna in view of Plourde and Caplan “in view of the amendments to the claims contained herein” (see first paragraph of Applicant’s remarks made with respect to the 103 rejections). This statement has been interpreted as an argument that amendments to the claims have overcome the 103 rejections set forth in the previous Office Action.
However, the claims filed on 2/27/2026 in response to Examiner’s previous Office Action (i.e. the 10/3/2025 Non-Final Rejection) do not include any amendments, i.e. none of the claims have been amended in Applicant’s response. Accordingly, Examiner finds this argument unpersuasive.
Applicant has argued that primary reference Mahna (US 2021/0179447) is commonly owned by Applicant and therefore, should be disqualified as prior art. Examiner respectfully disagrees.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
AIA 35 USC 102(a) & (b) state:
(a) NOVELTY; PRIOR ART.—A person shall be entitled to a patent unless—
(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; or
(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
(b) EXCEPTIONS.—
(1) DISCLOSURES MADE 1 YEAR OR LESS BEFORE THE EFFECTIVE FILING DATE OF THE CLAIMED INVENTION.—A disclosure made 1 year or less before the effective filing date of a claimed invention shall not be prior art to the claimed invention under subsection (a)(1) if—
(A) the disclosure was made by the inventor or joint inventor or by another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor; or
(B) the subject matter disclosed had, before such disclosure, been publicly disclosed by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor.
(2) DISCLOSURES APPEARING IN APPLICATIONS AND PATENTS.—A disclosure shall not be prior art to a claimed invention under subsection (a)(2) if—
(A) the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor;
(B) the subject matter disclosed had, before such subject matter was effectively filed under subsection (a)(2), been publicly disclosed by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor; or
(C) the subject matter disclosed and the claimed invention, not later than the effective filing date of the claimed invention, were owned by the same person or subject to an obligation of assignment to the same person.
Under, the provisions of AIA , a document qualifies as prior art under AIA 35 USC 102(a)(1) if said document was published before the effective filing date of the claimed invention (see MPEP 2152.02, and especially MPEP 2152.02(b) for further discussion). The exceptions under AIA 35 USC 102(b)(1) only apply to disclosures made 1 year or less before the effective filing date of the claimed invention. The exceptions under AIA 35 USC 102(b)(2) are not relevant to whether or not a document qualifies as prior art under 102(a)(1).
Examiner further notes the following:
An anticipatory description it is not required in order for a disclosure to qualify as prior art, unless the disclosure is being used as the basis for an anticipation rejection. In accordance with pre-AIA case law concerning obviousness, a disclosure may be cited for all that it would reasonably have made known to a person of ordinary skill in the art. Thus, the description requirement of AIA 35 U.S.C. 102(a)(1) and (a)(2) does not preclude an examiner from applying a disclosure in an obviousness rejection under AIA 35 U.S.C. 103 simply because the disclosure is not adequate to anticipate the claimed invention.
(MPEP 2152.02(b))
The present Application has an effective filing date of 07/28/2022. The Mahna reference (US 2021/0179447) has a publication date of 06/17/2021. Thus, the Mahna reference was published more than 1 year (i.e. 1 year, 1 month, and 11 days) before the effective filing date of the present Application. Accordingly, the exceptions under AIA 35 USC 102(b)(1) DO NOT apply to the Mahna reference.
With the forgoing in mind, it is clear that the Mahna reference qualifies as prior art under AIA 35 USC 102(a)(1) regardless of the fact that it is commonly owned. Accordingly, Examiner maintains the 103 rejections set forth in the previous Office action over the combination of Mahna, Plourde, and Caplan (see 103 rejections below).
Applicant has argued that Plourde and Caplan, alone or in combination, do not teach or suggest all of the limitations of independent claims 1 and 17. Examiner finds this argument unpersuasive.
The 103 rejections set forth in the previous Office Action and maintained below are not made over Plourde and Caplan alone, but instead are made in view of Mahna as a primary reference in view of Plourde and Caplan as secondary references. Thus, the notion that secondary references Plourde and Caplan, in isolation from Mahna, fail to teach or suggest all of the limitations of the claims cannot be relied upon to establish non-obviousness. Accordingly, Applicant’s arguments against the secondary references alone are unpersuasive in overcoming the 103 rejections.
Examiner acknowledges that Applicant has argued that Mahna is not prior art. However, as discussed above, the Mahna reference qualifies as prior art under AIA 35 USC 102(a)(1). Accordingly, to be successful, any attempted traversal of Examiner’s 103 rejections must attack the combination of Mahna, Caplan, and Plourde (i.e. as opposed to merely Caplan and Plourde in isolation from Mahna).
Applicant argues that “Because Mahna, Plourde, and Caplan, alone or in combination, do not teach or even suggest each of the limitations contained in amended independent Claim 1, Mahna, Plourde, and Caplan cannot render amended independent Claim 1 obvious, or any of the claims that depend therefrom.” Examiner finds this argument unpersuasive.
This argument fails to comply with 37 CFR 1.111(b) because it amounts to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Examiner maintains that claim 1 is obvious over Mahna in view of Plourde and Caplan (see 103 rejections below for details). Examiner reiterates that claim 1 has not been amended in Applicant’s most recent filing.
Applicant argues that “Because Mahna, Plourde, and Caplan, alone or in combination, do not teach or even suggest each of the limitations contained in amended independent Claim 17, Mahna, Plourde, and Caplan cannot render amended independent Claim 17 obvious, or any of the claims that depend therefrom.” Examiner finds this argument unpersuasive.
This argument fails to comply with 37 CFR 1.111(b) because it amounts to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Examiner maintains that claim 17 is obvious over Mahna in view of Plourde and Caplan (see 103 rejections below for details). Examiner reiterates that claim 17 has not been amended in Applicant’s most recent filing.
Applicant’s arguments, see Remarks, filed 2/27/2025, with respect to double patenting rejections have been fully considered but they are either moot or unpersuasive.
Applicant has filed terminal disclaimers over US patents 10,689,265, 11,117,814, and 11,505,477 apparently in response to previous double patenting rejections over said patents.
Terminal disclaimers for said patents had already been filed on 8/26/2024 and subsequently approved (See “Terminal disclaimer review decision” dated 8/29/2024). Accordingly, the double patenting rejections referenced by Applicant had been overcome for some time, and the filing of additional TDs for said patents appears to be unnecessary.
Nevertheless, the TDs filed 3/16/2026 over US patents 10,689,265, 11,117,814, and 11,505,477 have been approved (See “Terminal disclaimer review decision” dated 3/16/2026).
Applicant has argued that because US patents 10,689,265, 11,117,814, and 11,505,477 are owned by Applicant, they “should be disqualified as prior art”. Examiner agrees in part.
The present Application has an effective filing date of 07/28/2022.
US 11,117,814 is by the same inventor as the present application and has a publication date of 9/14/2021, which is less than 1 year before the effective filing date of the present Application. Thus, US 11,117,814 is disqualified as prior art under AIA 35 USC 102(b)(1) and AIA 35 USC 102(b)(2).
However, it is noted that US 2020/0346944, the PG Pub corresponding to US 11,117,814, still qualifies as prior art, as it was published on 11/5/2020, which is more than one year before the effective filing date of the present invention.
US 11,505,477 is by the same inventor as the present application and has a publication date of 11/22/2022, which is less than 1 year before the effective filing date of the present Application. Thus, US 11,505,477 is disqualified as prior art under AIA 35 USC 102(b)(1) and AIA 35 USC 102(b)(2).
However, it is noted that US 2021/0179447, the PG Pub corresponding to US 11,505,477, still qualifies as prior art, as it was published on 6/17/2021, which is more than one year before the effective filing date of the present invention.
US 10,689,265 is by the same inventor as the present application BUT was published on 6/23/2020, which is more than one year before the effective filing date of the present Application. Accordingly, the exceptions under AIA 35 USC 102(b)(1) DO NOT apply to US 10,689,265. Thus, US 10,689,265 qualifies as prior art under AIA 35 USC 102(a)(1) regardless of the fact that it is commonly owned.
Examiner notes that “a terminal disclaimer cannot be used to obviate a rejection based on prior art under 35 U.S.C. 102 or 103 prior art, even though it may overcome a nonstatutory double patenting rejection. In re Bartfeld, 925 F.2d 1450, 17 USPQ2d 1885 (Fed. Cir. 1991),” (MPEP 804 III).
Applicant has filed a terminal disclaimer over the Mahna reference relied upon in the 103 rejections (US 2021/0179447). Said terminal disclaimer was disapproved (See “Terminal disclaimer review decision” dated 3/16/2026).
Applicant’s reason for filing this terminal disclaimer is unclear, as no double patenting rejection has been made over US 2021/0179447 or the patent application corresponding thereto. In any event, the terminal disclaimers filed over US 11,505,477, the issued patent corresponding to US 2021/0179447 obviates any such double patenting rejection.
Examiner notes that “a terminal disclaimer cannot be used to obviate a rejection based on prior art under 35 U.S.C. 102 or 103 prior art, even though it may overcome a nonstatutory double patenting rejection. In re Bartfeld, 925 F.2d 1450, 17 USPQ2d 1885 (Fed. Cir. 1991),” (MPEP 804 III).
Applicant reiterates the argument that because Mahna (US 2021/0179447) is owned by Applicant, it “should be disqualified as prior art”. Examiner respectfully disagrees.
The present Application has an effective filing date of 07/28/2022. The Mahna reference has a publication date of 06/17/2021. Thus, the Mahna reference was published more than 1 year (i.e. 1 year, 1 month, and 11 days) before the effective filing date of the present Application. Therefore, the Mahna reference qualifies as prior art under AIA 35 USC 102(a)(1) regardless of the fact that it is commonly owned.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: the “tracking system” in claims 1 and 17, the “first orientation device” in claims 1 and 17, and the “second orientation device” in claims 1 and 17.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim limitation “tracking system” has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “system” coupled with functional language “tracking” and “being rotatable to selectively rotate the solar concentrator between a first position and a second position” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 1-11 and 17-20 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: “In certain aspects, as described above, the turn-key desalination/purification system includes a tracking system that aligns the solar concentrator 106 to track the sun's movement ensuring that continuous solar radiation remains focused on the heat collection elements 104 during a solar day. With particular reference to FIGS. 10A-10C, in certain aspects of the disclosed systems, the turn-key desalination/purification system includes a tracking system 1000. The tracking system 1000 includes a rotatable bar 1010 coupled to a first support 1012 and a second support 1014. The first support 1012 and the second support 1014 are couple to a frame 1015 supporting the solar concentrator 106. The rotatable bar 1010 of the tracking system 1000 is selectively rotatable between a first position and a second position with an overhead position identified therebetween. As the rotatable bar 1010 rotates between the first position and the second position, the solar concentrators 106 transition from the first position (shown in FIG. 10A) to the overhead position (shown in FIG. lOB) to the second position (shown in FIG. lOC) through the course of a solar day. Similarly, as the rotatable bar 1010 rotates from the second position back to the first position, the solar concentrator 106 transitions from the second position to the overhead position and back to the first position. As such, the solar concentrator 106 can track the sun's movement by transitioning from the first position to the second position to ensure that continuous solar radiation remains focused on the heat collection elements 104 during the solar day,” (paragraph [0068]).
Accordingly, the claimed “tracking system” has been interpreted as a rotatable bar, as well as equivalents thereof.
The following rejections are maintained from the previous Office Action.
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 (i.e., changing from AIA to pre-AIA ) 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, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 4-11, 17, 18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mahna (US 2021/0179447) in view of Plourde et al. (US 2018/0142905), hereafter referred to as Plourde, and Capan (US 2009/0183731).
With regard to claim 1: Mahna teaches a water purifying system (abstract), the system comprising:
A plurality of solar concentrators 106 that receive sunlight and direct the sunlight towards a plurality of locations by bending a plurality of rays of the sunlight and focusing the plurality of rays of the sunlight onto a plurality of locations (Figure 1, paragraphs [0020]-[0028]).
A tracking system (not shown in figures) coupled to each of the solar concentrators 106, the tracking system being rotatable to selectively rotate each of the solar concentrators 106 between a first position (e.g. a morning position) and a second position (e.g. an afternoon position) (paragraph [0027]).
A plurality of heat collection elements 104 positioned at the plurality of locations, each of the heat collection elements 104 comprising a heat collector tube 304 surrounding a superheater tube 302, wherein the superheater tube 302 is configured to evaporate water, and wherein the superheater tube 302 is divided into an upper chamber (second chamber) 306 of the superheater tube 302 and a lower chamber (first chamber) 308 of the superheater tube, the upper chamber 306 being oriented above the lower chamber 308 (Figure 1, Figure 3, paragraphs [0020]-[0028], [0035]-[0036], and [0040]-[0043]).
And a mixing chamber (water mixer) 112 configured to dilute an output of residual heated water returned from the heat collection elements 104 (Figure 1, paragraphs [0026] and [0034]).
Wherein the heat collector tube 304 is an anti-reflective glass vacuum tube comprising a selective absorber surface configured to absorb radiation at wavelengths less than three one-millionth of a meter (Figure 3, paragraph [0035]). Note: Regarding the heat collector tube being a vacuum tube, paragraph [0035] teaches that, “In some systems, the heat collector tube 304 encloses and maintains a vacuum that reduces heat losses and protects against oxidation of the superheater tube 302.”
Wherein the superheater tube 302 may comprise one or more flow restrictors (paragraph [0043]).
Wherein the heat collection elements 104 are vented, i.e. the heat collection elements 104 can function to vent organic compounds/gas, heat, and/or other media, and therefore are vented (provided with vents) (paragraphs [0031] and [0032]).
Wherein the solar concentrators 106 are configured to focus solar radiation between 30 and 100 times an average solar intensity, i.e. “the solar concentrators 106 focus solar radiation at about thirty to one-hundred times the sun's normal thermal intensity,” (paragraph [0027]).
And wherein the system comprises a plurality of seals which may be translucent, wherein the seals are configured to compensate for thermal expansion and contraction in the system (paragraph [0023]).
Mahna does not explicitly teach that the system comprises a first and second support coupled to each of the solar concentrators and to the tracking system.
However, Mahna teaches that the solar concentrators 106 focus light onto the heat collection elements 104 (Paragraph [0022]), thereby clearly indicating that it is desirable for the heat collection elements to be positioned at the focal point/axis of the concentrators. Although it is not explicitly taught, it is understood that the system of Mahna will require a plurality of supports coupled to the tracking system, each of the solar concentrators, and each of the heat collection elements to maintain the heat collection elements at the focal point/axis of the concentrators.
Solar heating systems comprising first and second support elements for maintaining heat collection elements at the focal point/axis of a concentrator are known in the art. For example, Plourde teaches a system for heating fluid using concentrated solar energy, the system comprising a solar concentrator (solar collection system) 102 that receives sunlight and directs the sunlight toward a plurality of locations by being a plurality of rays of the sunlight and focusing the plurality of rays of the sunlight onto a plurality of locations (Figures 1-3, paragraphs [0071]-[0075]); A first support 114 and a second support 114 coupled to the solar concentrator 102 (Figures 1-3 and 8, paragraphs [0071]-[0075] and [0087]-[0089]); a tracking system (support structure and tracking system tracking device 50) 106/108/50, the tracking system 106/108/50 being rotatable to selectively rotate the solar concentrator between a first position and a second position (Figures 1-3 and 20-21, paragraphs [0071]-[0075] and [0149]-[0158]), wherein the tracking system 106/108 comprises a rotatable bar (spine portion) 240 (Figures 1-3 and 20-21, paragraphs [0071]-[0075] and [0149]-[0158]); and heat collection elements (fluid control system) 104 positioned at a plurality of locations and mounted to the first and second supports 114 such that the first and second supports maintain the heat collection elements 104 positioned at the focal axis of the solar concentrator 102 (Figures 1-3, paragraphs [0071]-[0075]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Mahna in view of Plourde by configuring the system of Mahna to have a pair of supports (i.e. supports like the supports 114 of Plourde) coupled to the tracking system, each of the solar concentrators, and each of the heat collection elements, and configured to maintain a each of the heat collection elements at the focal point/axis of a respective one of the solar concentrators, in order to obtain a system wherein each of the heat collection elements are desirably maintained at the focal axis/point of a respective concentrator.
Modified Mahna does not explicitly teach that the tracking system is a rotatable bar (as required by the 112(f) interpretations; see interpretations above for details).
However, Mahna does not disclose any specific structural details pertaining to the tracking system. Thus, a person having ordinary skill in the art would be motivated to search the prior art for a workable tracking system in order to implement the system of Mahna in reality.
Solar heating systems comprising tracking systems in the form of rotatable bars are known in the art. For example, Plourde teaches a system for heating fluid using concentrated solar energy, the system comprising a solar concentrator (solar collection system) 102 that receives sunlight and directs the sunlight toward a plurality of locations by being a plurality of rays of the sunlight and focusing the plurality of rays of the sunlight onto a plurality of locations (Figures 1-3, paragraphs [0071]-[0075]); A first support 114 and a second support 114 coupled to the solar concentrator 102 (Figures 1-3 and 8, paragraphs [0071]-[0075] and [0087]-[0089]); a tracking system (support structure and tracking system tracking device 50) 106/108/50, the tracking system 106/108/50 being rotatable to selectively rotate the solar concentrator between a first position and a second position (Figures 1-3 and 20-21, paragraphs [0071]-[0075] and [0149]-[0158]), wherein the tracking system 106/108 comprises a rotatable bar (spine portion) 240 (Figures 1-3 and 20-21, paragraphs [0071]-[0075] and [0149]-[0158]); and heat collection elements (fluid control system) 104 positioned at a plurality of locations and mounted to the first and second supports 114 such that the first and second supports maintain the heat collection elements 104 at the focal axis of the solar concentrator 102 (Figures 1-3, paragraphs [0071]-[0075]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to further modify Mahna in view of Plourde by configuring the tracking system to be a solar tracking system comprising a rotatable bar like that of Plourde (specifically a plurality of rotatable bars, one for each solar concentrator), in order to provide the system of Mahna with a workable solar tracking system which has a particular structure (as opposed to the abstract solar tracking system of no particular structure in base Mahna) so as to implement the system of Mahna in reality (i.e. so as to construct a workable physical example of Mahna’s system).
Modified Mahna is silent to a plurality of first orientation devices coupled to a respective one of the first supports and the heat collector tubes wherein each of the first orientation devices comprises: a first outer race coupled to a first extension disposed on the first support; a first inner race; and a first plurality of balls disposed between the first inner race and the first outer race of the first orientation device, wherein the first inner race is configured to be rotatable with respect to the first outer race, and wherein the first inner race is coupled to the heat collector tube. Modified Mahna is also silent to a plurality of second orientation devices coupled to a respective one of the second supports and the heat collector tubes, wherein each of the second orientation devices comprises: a second outer race coupled to a second extension disposed on the second support; a second inner race; and a second plurality of balls disposed between the second inner race and the second outer race of the second orientation device, wherein the second inner race is configured to be rotatable with respect to the second outer race, and wherein the second inner race is coupled to the heat collector tube. Modified Mahna is also silent to each of the first orientation devices and the second orientation devices maintaining an upper chamber of each of the superheater tubes orientated above a lower chamber of the superheater tube when the tracking system rotates the solar concentrator between the first position and the second position.
However, as discussed above, the plurality of heat collection elements 104 in Mahna each comprise a heat collector tube 304 surrounding a superheater tube 302, wherein the superheater tube 302 is divided into an upper chamber (second chamber) 306 of the superheater tube 302 and a lower chamber (first chamber) 308 of the superheater tube, the upper chamber 306 being oriented above the lower chamber 308 (Figure 1, Figure 3, paragraphs [0020]-[0028], [0035], and [0040]-[0043]). Mahna’s teachings at least suggest that the orientation of the upper chamber 306 above the lower chamber 308 is critical to (or at least desirable for) the proper functioning of heat collection elements. For example, Mahna teaches that, “steam rises up into the upper chamber(s) 306/402 (shown in FIG. 4) through the perforations in the septa/partitions 310/404 dividing the heat transfer elements 302,” (paragraph [0023]). Additionally, Mahna teaches that, “as shown, the curvature of the perforated concave barrier 310 (e.g., the curvature of the meniscus) can induce a latitudinal vertex in the upside-down parabolic chamber or Quonset-like chamber (e.g., the second chamber 306), which causes water droplets to converge and fall toward a portion of the concave parabolic chamber or crescent chamber (e.g., the first chamber 308),” (paragraph [0040]). If the upper chamber 306 were not orientated above the lower chamber, steam could not rise through the perforations in barrier 310 and water droplets could not fall towards the concave portion of the lower chamber as desired. Further indication that the orientation of the upper chamber 306 above the lower chamber 308 is critical can be found in paragraphs [0041] and [0042] of Mahna. Because said orientation of the upper chamber 306 above the lower chamber 308 is understood to be critical (or at least desirable), a person having ordinary skill in the art would be motivated to provide the system of Mahna with orientation devices configured to maintain said orientation when the tracking system rotates each of the solar concentrators between the first position and the second position.
Furthermore, as discussed above, in modified Mahna, each of the heat collection elements (heat collector tubes), is connected to a respective the solar concentrator via the first and second supports. Therefore, a person having ordinary skill in the art would recognize that, in order to maintain the heat collection elements (heat collector tubes) of modified Mahna in a constant orientation while allowing the tracking system to rotate each of the solar concentrators between the first position and the second position, it would be effective, if not absolutely necessary, to provide orientation devices which rotatably couple the first and second supports to the heat collection elements (the heat collector tube), i.e. such that said orientation devices allow the solar concentrator and the first and second supports to rotate about independently from the heat collection elements (the heat collector tube).
Furthermore, orientation devices comprising an outer race, and inner race, and a plurality of balls disposed between the inner race and the outer race, wherein the inner race is configured to be rotatable with respect to the outer race are known in the art, as is the use thereof in solar concentrator systems, as is the coupling of such orientation devices to a support and heat collector tube in solar concentrator systems, wherein such coupling comprises coupling the outer race to the support and coupling the inner race to the heat collector tube. In particular, Capan teaches solar trough concentrator system (abstract, Figures 1-7), the system comprising an orientation device coupled a support (guy wires) 4 and a heat collector tube (thermal receiver tubes) 11, wherein the orientation device comprises an outer race (inner circle) 12 coupled to the support (guy wire) 4, an inner rage (seat) 14, and a plurality of balls (bearings) 13 disposed between the inner race 14 and the outer race 12, wherein the inner race is configured to be rotatable with respect to the outer race (i.e. the inner race is configured to rotate relative to, at least, a frame of reference positioned on the outer race), and wherein the inner race 14 is coupled to the heat collector tube 11 (Figure 6, paragraph [0054]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to further modify Mahna in view of Capan by providing the system of Mahna with: 1) a plurality of first orientation devices coupled to a respective one of the first supports and the heat collector tubes, wherein each of the first orientation devices comprise: a first outer race coupled to the first support; a first inner race; and a first plurality of balls disposed between the first inner race and the first outer race of the first orientation device, wherein the first inner race is configured to be rotatable with respect to the first outer race, and wherein the first inner race is coupled to the heat collector tube; and 2) a plurality of second orientation devices coupled to a respective one of the second supports and the heat collector tubes, wherein each of the second orientation devices comprises: a second outer race coupled to the second support; a second inner race; and a second plurality of balls disposed between the second inner race and the second outer race of the second orientation device, wherein the second inner race is configured to be rotatable with respect to the second outer race, and wherein the second inner race is coupled to the heat collector tube; wherein each of the first orientation devices and the second orientation devices maintain an upper chamber of each of the superheater tubes orientated above a lower chamber of the superheater tube when the tracking system rotates the solar concentrator between the first position and the second position, in order to provide the system of Mahna with orientation devices configured to maintain such an orientation of the superheater tubes when the tracking system rotates each of the solar concentrators between the first position and the second position.
Modified Mahna does not explicitly teach that the first outer race of the first orientation devices is coupled to a first extension disposed on the first support, nor does modified Mahna explicitly teach that the second outer race of the second orientation devices is coupled to a second extension disposed on the second support. However, modified Mahna would necessarily feature such coupling of respective outer races of respective orientation devices to respective supports via respective extensions. In particular, in modified Mahna, the respective outer races of the first and second orientation devices are coupled to respective distal ends of respective ones of the first and second supports. Said respective distal ends can be fairly considered to be extensions which extend from the base and middle sections of each of said first and second supports. Therefore, in modified Mahna, the first outer race of the first orientation devices is coupled to a first extension (i.e. a distal end of the first support) disposed on the first support (i.e. base and middle sections of the first support), and the second outer race of the second orientation devices is coupled to a second extension (i.e. a distal end of the second support) disposed on the second support (i.e. base and middle sections of the second support).
With regard to claim 4: In modified Mahna, first and second orientation devices are (i.e. comprise) ball bearings 13 (Capan: Figure 6, paragraph [0054]).
With regard to claim 5: In modified Mahna, the solar concentrators 106 comprise parabolic troughs (Mahna: Figure 1, paragraphs [0021] and [0027]).
With regard to claim 6: In modified Mahna, the solar concentrators 106 may comprise Fresnel collectors (Mahna: paragraphs [0021], [0038], claim 3).
With regard to claim 7: The system of modified Mahna comprises a perforated concave barrier 310 separating the upper chamber 306 from the lower chamber 308, wherein the perforated concave barrier allows fluid communication between the lower chamber 308 and the upper chamber 306 (Mahna: Figure 3, paragraphs [0035] and [0040]-[0043]).
With regard to claim 8: In modified Mahna, the upper chamber 306 encloses a different volume than the lower chamber 308 (Mahna: Figure 3, paragraphs [0035] and [0040]-[0043]).
With regard to claim 9: In modified Mahna, the superheater tube 302 comprises radiative properties that enhance a conversion of heat transfer fluid to a vapor and radiative properties that enhance conversion of the vapor to superheated steam (Mahna: Paragraph [0036]).
With regard to claim 10: In modified Mahna, the superheater tube is configured to directly enclose the heat transfer fluid (Mahna: Figure 3, paragraphs [0035], [0036], and [0040]-[0043]).
With regard to claim 11: In some embodiments of modified Mahna, the superheater tube further comprises a third chamber 402 disposed between the upper chamber 306 and the lower chamber 308 (Mahna: Figure 4, paragraphs [0044]-[0046]).
With regard to claim 17: Mahna teaches a water purifying system (abstract), the system comprising:
A plurality of solar concentrators 106 that receive sunlight and direct the sunlight towards a plurality of locations by bending a plurality of rays of the sunlight and focusing the plurality of rays of the sunlight onto a plurality of locations (Figure 1, paragraphs [0020]-[0028]).
A tracking system (not shown in figures) coupled to each of the solar concentrators 106, the tracking system being rotatable to selectively rotate each of the solar concentrators 106 between a first position (e.g. a morning position) and a second position (e.g. an afternoon position) (paragraph [0027]).
A plurality of heat collection elements 104 positioned at the plurality of locations, each of the heat collection elements 104 comprising a heat collector tube 304 surrounding a superheater tube 302, wherein the superheater tube 302 is configured to evaporate water, and wherein the superheater tube 302 is divided into an upper chamber (second chamber) 306 of the superheater tube 302 and a lower chamber (first chamber) 308 of the superheater tube, the upper chamber 306 being oriented above the lower chamber 308 (Figure 1, Figure 3, paragraphs [0020]-[0028], [0035]-[0036], and [0040]-[0043]).
A perforated concave barrier 310 separating the upper chamber 306 from the lower chamber 308, wherein the perforated concave barrier allows fluid communication between the lower chamber 308 and the upper chamber 306 (Figure 3, paragraphs [0035] and [0040]-[0043]), wherein a curvature of the perforated concave barrier 310 may be configured to induce a latitudinal vertex in the upper chamber 306 (Figure 3, paragraph [0040]).
A mixing chamber (water mixer) 112 configured to dilute an output of residual heated water returned from the heat collection elements 104 (Figure 1, paragraphs [0026] and [0034]).
A condenser 110 for converting the evaporated water into desalinated water (Figure 1, paragraph [0030]).
And a cold storage tank 604 for retaining a salt heat exchange medium for us as a refrigerant in the condenser (Figure 6, paragraph [0047]).
Wherein a cross-sectional area of the upper chamber 306 is greater than a cross sectional area of the lower chamber 308 (Figure 3, paragraph [0042]).
Wherein the heat collector tube is an anti-reflective glass tube comprising a selective absorber surface configured to absorb radiation at wavelengths less than three one-millionth of a meter; and wherein the superheated tube is a flow restricted tube (Figure 3, paragraph [0035]).
Wherein the superheater tube 302 may comprise one or more flow restrictors (paragraph [0043]).
Wherein the solar concentrators 106 are configured to focus solar radiation between 30 and 100 times an average solar intensity, i.e. “the solar concentrators 106 focus solar radiation at about thirty to one-hundred times the sun's normal thermal intensity,” (paragraph [0027]).
And wherein the heat collection elements may be configured to separately collect organic compounds with boiling points below the boiling point of water (paragraph [0031]).
Mahna does not explicitly teach that the system comprises a first and second support coupled to each of the solar concentrators and to the tracking system.
However, Mahna teaches that the solar concentrators 106 focus light onto the heat collection elements 104 (Paragraph [0022]), thereby clearly indicating that it is desirable for the heat collection elements to be positioned at the focal point/axis of the concentrators. Although it is not explicitly taught, it is understood that the system of Mahna will require a plurality of supports coupled to the tracking system, each of the solar concentrators, and each of the heat collection elements to maintain the heat collection elements at the focal point/axis of the concentrators.
Solar heating systems comprising first and second support elements for maintaining heat collection elements at the focal point/axis of a concentrator are known in the art. For example, Plourde teaches a system for heating fluid using concentrated solar energy, the system comprising a solar concentrator (solar collection system) 102 that receives sunlight and directs the sunlight toward a plurality of locations by being a plurality of rays of the sunlight and focusing the plurality of rays of the sunlight onto a plurality of locations (Figures 1-3, paragraphs [0071]-[0075]); A first support 114 and a second support 114 coupled to the solar concentrator 102 (Figures 1-3 and 8, paragraphs [0071]-[0075] and [0087]-[0089]); a tracking system (support structure and tracking system tracking device 50) 106/108/50, the tracking system 106/108/50 being rotatable to selectively rotate the solar concentrator between a first position and a second position (Figures 1-3 and 20-21, paragraphs [0071]-[0075] and [0149]-[0158]), wherein the tracking system 106/108 comprises a rotatable bar (spine portion) 240 (Figures 1-3 and 20-21, paragraphs [0071]-[0075] and [0149]-[0158]); and heat collection elements (fluid control system) 104 positioned at a plurality of locations and mounted to the first and second supports 114 such that the first and second supports maintain the heat collection elements 104 positioned at the focal axis of the solar concentrator 102 (Figures 1-3, paragraphs [0071]-[0075]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Mahna in view of Plourde by configuring the system of Mahna to have a pair of supports (i.e. supports like the supports 114 of Plourde) coupled to the tracking system, each of the solar concentrators, and each of the heat collection elements, and configured to maintain a each of the heat collection elements at the focal point/axis of a respective one of the solar concentrators, in order to obtain a system wherein each of the heat collection elements are desirably maintained at the focal axis/point of a respective concentrator.
Modified Mahna does not explicitly teach that the tracking system is a rotatable bar (as required by the 112(f) interpretations; see interpretations above for details).
However, Mahna does not disclose any specific structural details pertaining to the tracking system. Thus, a person having ordinary skill in the art would be motivated to search the prior art for a workable tracking system in order to implement the system of Mahna in reality.
Solar heating systems comprising tracking systems in the form of rotatable bars are known in the art. For example, Plourde teaches a system for heating fluid using concentrated solar energy, the system comprising a solar concentrator (solar collection system) 102 that receives sunlight and directs the sunlight toward a plurality of locations by being a plurality of rays of the sunlight and focusing the plurality of rays of the sunlight onto a plurality of locations (Figures 1-3, paragraphs [0071]-[0075]); A first support 114 and a second support 114 coupled to the solar concentrator 102 (Figures 1-3 and 8, paragraphs [0071]-[0075] and [0087]-[0089]); a tracking system (support structure and tracking system tracking device 50) 106/108/50, the tracking system 106/108/50 being rotatable to selectively rotate the solar concentrator between a first position and a second position (Figures 1-3 and 20-21, paragraphs [0071]-[0075] and [0149]-[0158]), wherein the tracking system 106/108 comprises a rotatable bar (spine portion) 240 (Figures 1-3 and 20-21, paragraphs [0071]-[0075] and [0149]-[0158]); and heat collection elements (fluid control system) 104 positioned at a plurality of locations and mounted to the first and second supports 114 such that the first and second supports maintain the heat collection elements 104 at the focal axis of the solar concentrator 102 (Figures 1-3, paragraphs [0071]-[0075]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to further modify Mahna in view of Plourde by configuring the tracking system to be a solar tracking system comprising a rotatable bar like that of Plourde (specifically a plurality of rotatable bars, one for each solar concentrator), in order to provide the system of Mahna with a workable solar tracking system which has a particular structure (as opposed to the abstract solar tracking system of no particular structure in base Mahna) so as to implement the system of Mahna in reality (i.e. so as to construct a workable physical example of Mahna’s system).
Modified Mahna is silent to a plurality of first orientation devices coupled to a respective one of the first supports and the heat collector tubes wherein each of the first orientation devices comprises: a first outer race coupled to a first extension disposed on the first support; a first inner race; and a first plurality of balls disposed between the first inner race and the first outer race of the first orientation device, wherein the first inner race is configured to be rotatable with respect to the first outer race, and wherein the first inner race is coupled to the heat collector tube. Modified Mahna is also silent to a plurality of second orientation devices coupled to a respective one of the second supports and the heat collector tubes, wherein each of the second orientation devices comprises: a second outer race coupled to a second extension disposed on the second support; a second inner race; and a second plurality of balls disposed between the second inner race and the second outer race of the second orientation device, wherein the second inner race is configured to be rotatable with respect to the second outer race, and wherein the second inner race is coupled to the heat collector tube. Modified Mahna is also silent to each of the first orientation devices and the second orientation devices maintaining an upper chamber of each of the superheater tubes orientated above a lower chamber of the superheater tube when the tracking system rotates the solar concentrator between the first position and the second position.
However, as discussed above, the plurality of heat collection elements 104 in Mahna each comprise a heat collector tube 304 surrounding a superheater tube 302, wherein the superheater tube 302 is divided into an upper chamber (second chamber) 306 of the superheater tube 302 and a lower chamber (first chamber) 308 of the superheater tube, the upper chamber 306 being oriented above the lower chamber 308 (Figure 1, Figure 3, paragraphs [0020]-[0028], [0035], and [0040]-[0043]). Mahna’s teachings at least suggest that the orientation of the upper chamber 306 above the lower chamber 308 is critical to (or at least desirable for) the proper functioning of heat collection elements. For example, Mahna teaches that, “steam rises up into the upper chamber(s) 306/402 (shown in FIG. 4) through the perforations in the septa/partitions 310/404 dividing the heat transfer elements 302,” (paragraph [0023]). Additionally, Mahna teaches that, “as shown, the curvature of the perforated concave barrier 310 (e.g., the curvature of the meniscus) can induce a latitudinal vertex in the upside-down parabolic chamber or Quonset-like chamber (e.g., the second chamber 306), which causes water droplets to converge and fall toward a portion of the concave parabolic chamber or crescent chamber (e.g., the first chamber 308),” (paragraph [0040]). If the upper chamber 306 were not orientated above the lower chamber, steam could not rise through the perforations in barrier 310 and water droplets could not fall towards the concave portion of the lower chamber as desired. Further indication that the orientation of the upper chamber 306 above the lower chamber 308 is critical can be found in paragraphs [0041] and [0042] of Mahna. Because said orientation of the upper chamber 306 above the lower chamber 308 is understood to be critical (or at least desirable), a person having ordinary skill in the art would be motivated to provide the system of Mahna with orientation devices configured to maintain said orientation when the tracking system rotates each of the solar concentrators between the first position and the second position.
Furthermore, as discussed above, in modified Mahna, each of the heat collection elements (heat collector tubes), is connected to a respective the solar concentrator via the first and second supports. Therefore, a person having ordinary skill in the art would recognize that, in order to maintain the heat collection elements (heat collector tubes) of modified Mahna in a constant orientation while allowing the tracking system to rotate each of the solar concentrators between the first position and the second position, it would be effective, if not absolutely necessary, to provide orientation devices which rotatably couple the first and second supports to the heat collection elements (the heat collector tube), i.e. such that said orientation devices allow the solar concentrator and the first and second supports to rotate about independently from the heat collection elements (the heat collector tube).
Furthermore, orientation devices comprising an outer race, and inner race, and a plurality of balls disposed between the inner race and the outer race, wherein the inner race is configured to be rotatable with respect to the outer race are known in the art, as is the use thereof in solar concentrator systems, as is the coupling of such orientation devices to a support and heat collector tube in solar concentrator systems, wherein such coupling comprises coupling the outer race to the support and coupling the inner race to the heat collector tube. In particular, Capan teaches solar trough concentrator system (abstract, Figures 1-7), the system comprising an orientation device coupled a support (guy wires) 4 and a heat collector tube (thermal receiver tubes) 11, wherein the orientation device comprises an outer race (inner circle) 12 coupled to the support (guy wire) 4, an inner rage (seat) 14, and a plurality of balls (bearings) 13 disposed between the inner race 14 and the outer race 12, wherein the inner race is configured to be rotatable with respect to the outer race (i.e. the inner race is configured to rotate relative to, at least, a frame of reference positioned on the outer race), and wherein the inner race 14 is coupled to the heat collector tube 11 (Figure 6, paragraph [0054]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to further modify Mahna in view of Capan by providing the system of Mahna with: 1) a plurality of first orientation devices coupled to a respective one of the first supports and the heat collector tubes, wherein each of the first orientation devices comprise: a first outer race coupled to the first support; a first inner race; and a first plurality of balls disposed between the first inner race and the first outer race of the first orientation device, wherein the first inner race is configured to be rotatable with respect to the first outer race, and wherein the first inner race is coupled to the heat collector tube; and 2) a plurality of second orientation devices coupled to a respective one of the second supports and the heat collector tubes, wherein each of the second orientation devices comprises: a second outer race coupled to the second support; a second inner race; and a second plurality of balls disposed between the second inner race and the second outer race of the second orientation device, wherein the second inner race is configured to be rotatable with respect to the second outer race, and wherein the second inner race is coupled to the heat collector tube; wherein each of the first orientation devices and the second orientation devices maintain an upper chamber of each of the superheater tubes orientated above a lower chamber of the superheater tube when the tracking system rotates the solar concentrator between the first position and the second position, in order to provide the system of Mahna with orientation devices configured to maintain such an orientation of the superheater tubes when the tracking system rotates each of the solar concentrators between the first position and the second position.
Modified Mahna does not explicitly teach that the first outer race of the first orientation devices is coupled to a first extension disposed on the first support, nor does modified Mahna explicitly teach that the second outer race of the second orientation devices is coupled to a second extension disposed on the second support. However, modified Mahna would necessarily feature such coupling of respective outer races of respective orientation devices to respective supports via respective extensions. In particular, in modified Mahna, the respective outer races of the first and second orientation devices are coupled to respective distal ends of respective ones of the first and second supports. Said respective distal ends can be fairly considered to be extensions which extend from the base and middle sections of each of said first and second supports. Therefore, in modified Mahna, the first outer race of the first orientation devices is coupled to a first extension (i.e. a distal end of the first support) disposed on the first support (i.e. base and middle sections of the first support), and the second outer race of the second orientation devices is coupled to a second extension (i.e. a distal end of the second support) disposed on the second support (i.e. base and middle sections of the second support).
With regard to claim 18: In modified Mahna, first and second orientation devices are (i.e. comprise) ball bearings 13 (Capan: Figure 6, paragraph [0054]).
With regard to claim 20: In some embodiments of modified Mahna, the superheater tube further comprises a third chamber 402 disposed between the upper chamber 306 and the lower chamber 308 (Mahna: Figure 4, paragraphs [0044]-[0046]).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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