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 .
Response to Arguments
Applicant's request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action is withdrawn.
Claim Objections
Claims 1-24 are objected to under 35 U.S.C. §112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor regards as the invention.
In particular, the term “module” lacks clarity. While the claims recite that each “module” comprises a feed chamber, a vacuum chamber, and a membrane, the claims do not clearly define the structural boundaries of a “module”, nor do they specify whether a “module” is a discrete physical unit, a housing, or a functional grouping of components.
This ambiguity is especially problematic in claims reciting that the plurality of modules are fluidically couple in series or in parallel, because it is unclear where one module ends and another beings, and thus unclear how the claimed series or parallel coupling is implemented. Accordingly, the scope of the claims is unclear, rendering the claims indefinite.
Claims 6-9 and 22-24 are objected to under 35 U.S.C. §112(b) as being indefinite.
The phrase “fluidically coupled” is unclear because the claims do not specify whether the coupling is direct or indirect, continuous or intermittent, or whether intervening components such as valves, pumps, manifolds, or heat exchangers are permitted between the recited components.
As a result, it is unclear what structural or functional relationship is required for components to be considered “fluidically coupled”, and the scope of the claims cannot be determined with reasonable certainty.
Claim 8 is objected to under 35 U.S.C. §112(b) as being indefinite due to an internal inconsistency.
Claim 8 recites “a line from a vacuum outlet of the feed chamber”, however claim 1 expressly defines the feed chamber and the vacuum chamber as separate structures, with the vacuum being applied to the vacuum chamber. The feed chamber is not described as having a vacuum outlet, and therefore the recited “vacuum outlet of the feed chamber” is unclear and inconsistent with the claim language as a whole.
Accordingly, claim 8 fails to particularly point out and distinctly claim the subject matter regarded as the invention.
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.
Claims 1-24 are rejected under 35 U.S.C. 103 as being unpatentable over Khalifa (US-20200095138-A1) in view of Falath (US20210260531A1).
Regarding claim 1, Khalifa discloses a multistage vacuum membrane distillation (MS-VMD) system comprising a plurality of modules (Khalifa #14 Fig. 2 "membrane module" par. [0086]), wherein each module comprises: a feed chamber (Khalifa par. [0024]) coupled to a feed line (Khalifa Fig. SA/B between feed inlet #1 and feed pump #26), wherein the feed line introduces a liquid feed into the feed chamber (Khalifa Fig. SA/B "hot feed water") from a liquid feed tank (Khalifa Fig. SA/B "feed water heater"); a vacuum chamber (Khalifa par. [0024] "carrier gas chamber") coupled to a vacuum line (Khalifa Fig. SA/B between carrier gas chamber outlet #5 and the gas circulation pump #16) and a carrier gas line (Khalifa Fig. SA/B #12 "dry carrier gas" which splits into individual lines for each feed chamber where each of the "membrane module" which make up the plurality of modules is the feed chamber and connected to both carrier gas and feed line), wherein the vacuum line pulls a vacuum on the vacuum chamber (Khalifa discloses a gas circulation pump (16) fluidly connected to the outlet of the membrane distillation module which actively withdraws vapor from the chamber and transfers the vapor to an external condenser which creates a vacuum through the removal of the vapor); and a membrane (Khalifa par. [0024]) separating the feed chamber from the vacuum chamber, wherein the membrane allows transportation of vapor from the feed chamber to the vacuum chamber while blocking liquid from moving from the feed chamber to the vacuum chamber (Khalifa #6 “vapor” is explained to move across the membrane while water is retained by the “hydrophobic membrane” par. [0073]).
Khalifa does not disclose wherein the carrier gas line introduces a carrier gas into the feed chamber.
Falath discloses a membrane distillation module in which both a feed inlet and a carrier gas inlet are fluidly connected to the feed zone of the module (Falath abstract), with the carrier gas entering the feed zone within the internal cavity and being bubbled through the feed liquid. Specifically, Falath discloses a feed chamber (Falath par. [0087] “Feed liquid compartment”) coupled to a feed line (Falath par. [0100] “inlet hot feed liquid” (4)) and a carrier gas line (Falath par. [0107] “injected carrier gas” (11)), wherein the feed line introduces a liquid feed into the feed chamber from a liquid feed tank (Falath par. [0098] “hot feed liquid tank” (2)), and wherein the carrier gas line introduces a carrier gas into the feed chamber. Falath further discloses that “The bubbling of a carrier gas through the feed liquid in the feed liquid side of the module can increase the turbulent dissipation rate and / or enhance mass transfer across the membrane pores”.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Khalifa’s membrane distillation module to further include a carrier gas inlet fluidly connected to the feed chamber, as taught by Falath. Falath expressly teaches that bubbling a carrier gas through the feel liquid enhances turbulence, mass transfer, and vapor flux across the membrane, thereby improving permeate productivity (Falath abstract and par. [0075]). Khalifa is explicitly directed to improving permeate flux in membrane distillation systems and already employs vacuum assisted vapor removal. Applying Falath’s carrier gas injection technique to Khalifa’s feed chamber would therefore represent a predictable use of a known improvement technique to enhance the performance of an existing membrane distillation module, yielding the expected benefit of increased vapor transport and permeate production.
Regarding claim 2, Khalifa in view of Falath discloses the MS-VMD system of claim 1, further comprising a condenser (Khalifa #17 par. [0033] "bubble column dehumidifier to condense") fluidically coupled to the vacuum line (Khalifa Fig. 5A/B shows the condenser is coupled to the gas circulation pump #16), wherein the condenser condenses the vapor to form a purified distillate (Khalifa par. [0070] "condensed vapor may be collected as purified water" which is removed as “distillate” (24) Khalifa par. [0078]).
Regarding claim 3, Khalifa in view of Falath discloses the MS-VMD system of claim 2, further comprising a vacuum pump (Khalifa #16 Fig. 5A/B "gas circulation pump") fluidically coupled to the condenser, wherein the vacuum pump pulls the vacuum on the condenser and, through the condenser, the vacuum line (Khalifa illustrated in Fig. 5 A/B, while Khalifa’s gas circulation pump (16) is not expressly labeled as a vacuum pump, it is fluidically coupled to the condenser (“dehumidifier”) and operates to withdraw vapor from the permeate side, thereby creating a reduced pressure condition that pulls through the condenser and the vapor line, which is functionally equivalent to the claimed vacuum pump).
Regarding claim 4, Khalifa in view of Falath discloses the MS-VMD system of claim 2, further comprising a carrier gas outlet line fluidically coupling a carrier gas outlet on the feed chamber to the condenser. Falath discloses a membrane distillation module having a carrier gas inlet connected to the feed zone, such that the carrier gas is introduced directly into the feed chamber to enhance vapor transport (Falath par. [0075]). Falath further describes that such vapor may be condensed by one or more condensers/heat exchangers (Falath par. [0075]) and by this suggestion a person of ordinary skill in the art would have found it obvious to fluidically couple the carrier gas outlet on the feed chamber to the condenser.
Regarding claim 5, Khalifa in view of Falath discloses the MS-VMD system of claim 1, further comprising a carrier gas condenser fluidically coupled to a carrier gas outlet line that is fluidically coupled to a carrier gas outlet on the feed chamber. Falath discloses a membrane distillation module having a carrier gas inlet connected to the feed zone, such that the carrier gas is introduced directly into the feed chamber to enhance vapor transport (Falath par. [0075]). Falath further describes that such vapor may be condensed by one or more condensers/heat exchangers (Falath par. [0075]) and by this suggestion a person of ordinary skill in the art would have found it obvious to fluidically couple the carrier gas outlet on the feed chamber to the condenser.
Regarding claim 6, Khalifa in view of Falath discloses the MS-VMD system of claim 1, wherein the plurality of modules are coupled in parallel (Khalifa Fig. 5A and par. [0086]) to the feed line (Khalifa Fig. 5A/B between feed inlet #1 and feed pump #26), the carrier gas line (by suggestion of Falath), and the vacuum line (Khalifa Fig. 5A/B between carrier gas chamber outlet #5 and the gas circulation pump #16).
Regarding claim 7, Khalifa in view of Falath discloses the MS-VMD system of claim 1, wherein the plurality of modules are fluidically coupling in series (Khalifa Fig. 5B and par. [0086]) to the liquid feed, wherein a liquid input to the feed chamber of a first module in the series is fluidically coupled to the feed line (Khalifa shown in Fig 5B feed line been liquid input #1 and the feed pump #26), a liquid outlet of the feed chamber of a last module in the series is fluidically coupled to a feed return line (Khalifa Fig. 5B between the feed outlet #2 and the feed water heater #25), and each intervening module between the first module and the last module is fluidically coupled by line from a liquid outlet on the feed chamber of the intervening module to a liquid inlet on the feed chamber of the next module (Khalifa shows this is in Fig. 5B).
Regarding claim 8, Khalifa in view of Falath discloses the MS-VM D system of claim 1, wherein the plurality of modules are fluidically coupled in series (Khalifa Fig. 5B and par. [0086]) to the vacuum, wherein a vacuum line of the vacuum chamber of a first module in the series is fluidically coupled to the vacuum line (Khalifa Fig. 5B where the carrier gas chamber outlet #5 is connected to the carrier gas chamber inlet #4 of the next module, while not expressed as vacuum chambers the nature of the draw from the gas circulation pump creates a negative pressure differential to create a vacuum), a vacuum line of the vacuum chamber of a last module in the series is fluidically coupled to a line from a vacuum outlet on an intervening module, and each intervening module between the first module and the last module is fluidically coupled by a line from a vacuum outlet of the feed chamber of the intervening module to a vacuum inlet of the vacuum chamber of the next module (Khalifa Fig 5B illustrates this series with lines running between each outlet and inlet of first, last and intervening modules).
Regarding claim 9, Khalifa in view of Falath discloses the MS-VMD system of claim 1, wherein the plurality of modules are fluidically coupled in series (Khalifa Fig. 5B and par. [0086]) to the carrier gas, wherein a carrier gas inlet the feed chamber of a first module in the series is fluidically coupled to the carrier gas line (Khalifa Fig. 5B and by suggestion of Falath the carrier gas introduces carrier into the feed chamber), a carrier gas outlet of the feed chamber of a last module in the series is fluidically coupled to a carrier gas outlet line (Khalifa Fig. 5B and by suggestion of Falath the carrier gas introduces carrier into the feed chamber), and each intervening module between the first module and the last module is fluidically coupled by line from the gas outlet of the feed chamber of the intervening module to a gas inlet of the feed chamber of the next module (Khalifa Fig 5B illustrates this series with lines running between each outlet and inlet of first, last and intervening modules).
Regarding claim 10, Khalifa in view of Falath discloses the MS-VMD system of claim 1, comprising a heating element in a liquid feed tank (Khalifa liquid feed tank is a "feed water heater" #25 Fig. 5A and B "which may be a combination of several elements" par. [0062]), a heat exchanger on the feed line, or both.
Regarding claim 11, Khalifa in view of Falath discloses the MS-VMD system of claim 1, comprising a heating element disposed in a feed chamber of a module. (Khalifa par. [0065] "may further comprise heating the saline water downstream of and/or within the water feed chamber").
Regarding claim 12, Khalifa in view of Falath discloses the MS-VMD system of claim 1, wherein the liquid feed comprises an aqueous solution (Khalifa abstract).
Regarding claim 13, Khalifa in view of Falath discloses the MS-VMD system of claim 1, wherein the liquid feed comprises a liquid including a dissolved salt (Khalifa par. [0051] "salt-containing water"), a mixture of salts, a salt and an organic contaminant mixture, or a salt and an inorganic contaminant mixture, or any combinations thereof.
Regarding claim 14, Khalifa in view of Falath discloses the MS-VMD system of claim 1, wherein the liquid feed comprises seawater (Khalifa par. [0076]), industrial wastewater, brackish water, produced water, fruit juice, blood, milk, dye, hazardous-waste water, or a brine solution, or any combinations thereof.
Regarding claim 15, Khalifa in view of Falath discloses the MS-VMD system of claim 1, wherein the membrane comprises a composite membrane, a nano-composite membrane, a hydrophobic membrane (Khalifa par. [0024]), an omni phobic membrane, a hydrophilic and hydrophobic composite dual layer membrane, a modified ceramic membrane, a porous ceramic membrane, a surface modified membrane, a polymer electrolyte membrane, a porous graphene membrane, or a polymeric membrane, or any combinations thereof.
Regarding claim 16, Khalifa in view of Falath discloses the MS-VMD system of claim 1, wherein the membrane comprises a reinforced hollow tube, a non-reinforced hollow tube, a spiral wound 2, a flat sheet, or a non-flat sheet, or any combinations thereof (Khalifa par. [0068]).
Regarding claim 17, Khalifa in view of Falath discloses the MS-VMD system of claim 1, wherein a contact angle of a droplet of the liquid feed on the membrane is greater than 90° (degrees). (Khalifa par. [0024] discloses a hydrophobic membrane which inherently possess a surface wherein a contact angle of a droplet of the liquid feed on the membrane is greater than 90°).
Regarding claim 18, Khalifa in view of Falath discloses the MS-VMD system of claim 1, wherein the carrier gas comprises air, nitrogen, helium, argon, or carbon dioxide, or any combinations thereof (Khalifa par. [0068]).
Regarding claim 19, Khalifa in view of Falath discloses a method for purifying a liquid using a multi-stage vacuum membrane distillation (MS-VMD) system, comprising: feeding a liquid (Khalifa claim 16 "saline water" par. [0033] "salinated water") to a feed chamber (Khalifa par. [0024]) in each of a plurality of modules (Khalifa #14 Fig. 2 "membrane module" par. [0086]), wherein the liquid in the feed chamber is at a temperature of greater than about 50 °C (Khalifa par. [0051] "often no more than 70, 60 or 50° C"); feeding a carrier gas (Khalifa Fig. 5A/B #12 "dry carrier gas") through the liquid in the feed chamber of each of the plurality of modules to form humidified carrier gas (by suggestion of Falath abstract and par. [0075] carrier gas is introduced into feed to improve vapor transport); pulling a vacuum on a vacuum chamber (Khalifa gas circulation pump #16 Fig. 5 pulls gases through a line connected to the vacuum chamber (Khalifa “carrier gas chamber”) inducing a vacuum) in each of the plurality of modules through a vacuum line (Khalifa Fig. 5A/B between carrier gas chamber outlet #5 and the gas circulation pump #16), wherein the vacuum chamber in each module is separated from the feed chamber in each module by a membrane (Khalifa par. [0024]), and wherein the membrane allows vapor to pass across the membrane while blocking liquid flow across the membrane (Khalifa #6 Fig. 2 and par. [0077]); condensing purified liquid from the vacuum line (Khalifa #17 par. [0033] "bubble column dehumidifier to condense"); and condensing purified liquid from the humidified carrier gas (Khalifa par. [0070] "condensed vapor may be collected as purified water").
Regarding claim 20, Khalifa in view of Falath discloses the method of claim 19, comprising heating the liquid before feeding the liquid to the feed chamber. (Khalifa Fig. 5A/B "feed water heater" is used to store the water feed and heated and positioned ahead of feed inlet).
Regarding claim 21, Khalifa in view of Falath discloses the method of claim 19, comprising heating the liquid in the feed chamber (Khalifa Fig. 5A/B "feed water heater").
Regarding claim 22, Khalifa in view of Falath discloses the method of claim 19, comprising feeding the liquid to a feed chamber of a first module of the plurality of modules, then feeding the liquid exiting the feed chamber of the first module of the plurality of modules to a second module of the plurality of modules. (Khalifa Fig. 5B and par. [0086] describes the arrangement of modules may be in series and Fig. 5B illustrates the arrangement of feeding the liquid to a first module, then feeding the liquid exiting the feed chamber of the first module to a second module of a plurality of modules).
Regarding claim 23, Khalifa in view of Falath discloses the method of claim 19, comprising pulling the vacuum on a vacuum chamber of a first module of the plurality of modules, then pulling the vacuum on a second module of the plurality of modules from the vacuum chamber of the first module of the plurality of modules. (Khalifa Fig. SB and par. [0086] describes the arrangement of modules may be in series and Fig. 5B illustrates the arrangement of the gas recirculation pump #16 pulling the vacuum on each of the vacuum chambers of the series in the plurality of modules.)
Regarding claim 24, Khalifa in view of Falath discloses the method of claim 19, comprising feeding the carrier gas through a feed chamber of a first module of the plurality of modules, then feeding the carrier gas exiting the feed chamber of the first module of the plurality of modules to a feed chamber of a second module of the plurality of modules. (Khalifa Fig. 5B and par. [0086] describes the arrangement of modules may be in series and Fig. 5B illustrates the arrangement of feeding the carrier gas (Khalifa Fig. 5A/B #12 "dry carrier gas" and by suggestion of Falath [abstract and par. [0075]] the carrier gas is introduced into the feed zone) through a feed chamber of a first module (Khalifa #4 "carrier gas inlet" by suggestion of Falath is located at the feed chamber) of the plurality of modules, then feeding the carrier gas exiting the feed chamber of the first module of the plurality of modules (Khalifa #5 “carrier gas chamber outlet”) to a feed chamber of a second module of the plurality of modules. (Again by suggestion of Falath the carrier gas is introduced into the feed zone of the subsequent feed chamber.)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM ADDISON GEISBERT whose telephone number is (703)756-5497. The examiner can normally be reached Mon-Fri 7:30-5:00 EDT.
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/W.A.G./Examiner, Art Unit 1779
/Bobby Ramdhanie/Supervisory Patent Examiner, Art Unit 1779