DETAILED ACTION
Claim Objections
Claim 1 is objected to because of the following informalities: there appears to be a grammatical mistake after “voltage” on line 6. Appropriate correction is required.
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.
Claim(s) 1-4, 7, 8, 10-13 are rejected under 35 U.S.C. 102a1 as being anticipated by Onwude (“Electrohydrodynamic drying: Can we scale-up the technology to make dried fruits and vegetables more nutritious and appealing?”).
Regarding claim 1, Onwude discloses a drying environment including an article having moisture content, an electrohydrodynamic (EHD) drying apparatus, comprising:
DEP (dielectrophoretic) electrode (emitter) connected to a power source for providing a voltage (see Fig. 1 showing a top emitter; see also Fig. 4 showing various top emitters) (see Comment 1 below regarding the DEP limitation);
a collector defining a ground (see Fig. 4 showing a grounding symbol) connected to the power source and having a lower voltage (zero relative to the top emitter) that the DEP electrode for establishing a non-uniform electric field between the DEP electrode and collector (see Figs. 1 and 4 showing bottom collectors; see also Comment 1 below regarding the non-uniform field);
a dielectrophoretic field induced by the power source between the DEP electrode and collector configured for selectively disposing the moisture content out of the article (the device produces a non-uniform electric field due to the asymmetric configuration of the top emitter and bottom collector, and this device is used to remove moisture from fruits and vegetables) (see Comment 1 below); and
an air gap between the article and the DEP electrode (see pg. 5284 discussing where the fruits and vegetables are placed between the electrodes such that they are dried by air particle movement induced by the electrodes), the induced electric field higher at the article than at the DEP electrode for separating liquid and vapor phases of the moisture, the vapor phase incurring forces towards the lower electric field at the DEP electrode based on the DEP field imparting movement to vapor phases of the moisture resulting from an electrical permittivity of the moisture (see Comment 2 below).
Comment 1. A DEP electrode, according to the application, is an electrode connected to the positive side of a voltage supply, and is configured to emit a non-uniform electric field (see pgpub, paras. 29, 31). The cited DEP electrode in Onwude is also an electrode connected to the positive side of a voltage supply, and is configured to emit a non-uniform electric field (see section 2 on page 5285 discussing a high local electric field strength due to the large curvature of the emitter).
Comment 2. Claim 1 is an apparatus claim and Onwude discloses all of the structural limitations in claim 1; therefore, since all of the structural limitations are disclosed, Onwude would inherently disclose the following intended effect: induced electric field higher at the article than at the DEP electrode for separating liquid and vapor phases of the moisture, the vapor phase incurring forces towards the lower electric field at the DEP electrode based on the DEP field imparting movement to vapor phases of the moisture resulting from an electrical permittivity of the moisture.
Furthermore, as best understood by the application, especially in para. 31 of the pgpub, all that is required to produce the intended effect is an emitter, a collector, an air gap between the emitter and the collector, and a non-uniform electric field (DEP field) created between the emitter and the collector. As discussed above, Onwude discloses all of these limitations.
Regarding claim 2, Onwude discloses the apparatus of claim 1 wherein the article is a moist, porous medium (e.g., fruits and vegetables).
Regarding claim 3, Onwude discloses the apparatus of claim 1 wherein the moisture includes water and the electrical permittivity in the vapor phase is lower than the electrical permittivity of the liquid phase, the vapor phase being drawn towards the DEP electrode based on a lower electric field at the DEP electrode (the device of Onwude discloses all of the structural limitations recited in claim 1; therefore, the necessary and sufficient conditions are in place to produce this intended effect).
Regarding claim 4, Onwude discloses the apparatus of claim 2 wherein the article is disposed in the non-uniform electric field between the DEP electrode and the collector (see Fig. 4) and the power source generates a lower electric field (lower electric field is examined to mean electric field) at the DEP electrode for inducing a vapor pressure gradient at the article to drive the vapor phase towards the DEP electrode (Fig. 1).
Regarding claim 7, Onwude discloses the apparatus of claim 5 wherein the DEP electrode is a conductive material, further comprising:
a plurality of parallel elongated members (see Fig 4; embodiments c and d);
a surrounding border of the conductive material attached to each of the parallel elongated members [based on the entire disclosure, it appears that the entire emitter, including the border, is conductive and is given a voltage, similar to how the border of the collector is conductive so that the entire collector is at a single voltage (see Fig. 1); nevertheless, it would have been obvious at the time of filing where the surrounding border is a conductive material so that a voltage source connected to the border can supply the entire emitter with a voltage]; and
a slot between each of the parallel elongated members and an adjacent parallel elongated members (Fig. 4).
Regarding claim 8, Onwude discloses the apparatus of claim 7 wherein the parallel, elongated members meet the surrounding border at a point based on an equidistance spacing defined by a width of the slots EXCEPT wherein the surrounding border has a circular shape.
However, a mere difference in shape between the prior art and the claimed invention is a matter of obvious design choice. The present specification, in para. 35 of the pgpub, suggests that the particular shape is not critical since other alternatives are suitable.
Regarding claim 10, Onwude discloses a method for dielectrophoretic (DEP) drying (note: the application uses the terms, DEP drying and EHD drying interchangeably; therefore, they are taken to be synonymous), comprising (see rejection of claim 1 for citations unless otherwise noted):
establishing a voltage differential between a DEP electrode plate and a ground electrode plate;
the DEP electrode plate connected to a power source for providing a voltage;
the ground electrode plate connected to the power source and having a lower voltage that the DEP electrode plate;
energizing the power supply for establishing a non-uniform electric field between the DEP electrode plate and the ground electrode plate, the non-uniform electric field higher at the article than at the DEP electrode for separating liquid and vapor phases of the moisture, the vapor phase incurring forces towards the lower electric field at the DEP electrode based on the DEP field imparting movement to vapor phases of the moisture resulting from an electrical permittivity of the moisture (this limitation is not given weight since it expresses an intended result of positively recited process step; see MPEP 2111.04(I));
disposing an article for drying between the DEP electrode plate and the ground plate based on a dielectrophoretic field induced by the power source between the DEP electrode plate and the ground electrode plate for removing the moisture content out of the article.
Regarding claim 11, Onwude discloses the method of claim 10 further comprising separating a vapor phase being formed during drying from a liquid phase of the moisture in the article (the ionic wind generated between the emitter and collector would remove water vapor from the liquid water surface layer of the article) (note: this limitation is not given patentable weight since it is an intended result of the step of placing a moist article in a non-uniform electric field created by two electrodes).
Regarding claim 12, Onwude discloses an dielectrophoretic (DEP) drying device (note: the application uses the terms, DEP drying and EHD drying interchangeably; therefore, they are taken to be synonymous) (see rejection of claim 1 for citations unless otherwise stated), comprising:
a non-uniform electric field resulting from:
an electric field source defining a DEP electrode operable for a high potential;
an electric field source operable for a low potential;
a power source connected to the electric field sources for producing the non-uniform electric field for inducing dielectrophoresis in an article within the non-uniform electric field; and
an air gap between the article and the DEP electrode, the induced electric field higher at the article than at the DEP electrode for separating liquid and vapor phases of the moisture, the vapor phase incurring forces towards the lower electric field at the DEP electrode based on the DEP field imparting movement to vapor phases of the moisture resulting from an electrical permittivity of the moisture
Regarding claim 13, Onwude discloses the device of claim 12 wherein the applied non-uniform electric field is for (i.e., capable of) separating a vapor phase being formed during drying from the liquid phase (the ionic wind generated between the emitter and collector would remove water vapor from the liquid water surface layer of the article).
Claim(s) 6 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Onwude (“Electrohydrodynamic drying: Can we scale-up the technology to make dried fruits and vegetables more nutritious and appealing?”) in view of Dinani (“The influence of voltage and air flow velocity of combined convective-electrohydrodynamic drying system on the kinetics and energy consumption of mushroom slices”).
Regarding claim 6, Onwude discloses the apparatus of claim 1 further comprising a heat source (see section 5.5), the heat source heating the article for evaporating the moisture to generate the vapor phase, the dielectrophoretic field disposing the vapor phase in a direction based on an electric permittivity of the moisture for removing the liquid phase from the article (the device of Onwude discloses all of the structural limitations recited in claims 1 and 6; therefore, the necessary and sufficient conditions are in place to produce this intended effect) EXCEPT where the heat source is disposed adjacent the article.
Dinani is cited in section 5.5 of Onwude for teaching a hybrid electrohydrodynamic (EHD) and hot air drying apparatus, and where the hot air source is adjacent the article (see Fig. 1 showing a heat source comprising a heater and hot air tunnel).
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Onwude to include a heat source disposed adjacent the article, so as to reduce drying time.
Claim(s) 9 is rejected under 35 U.S.C. 102a1 as being anticipated by Onwude (“Electrohydrodynamic drying: Can we scale-up the technology to make dried fruits and vegetables more nutritious and appealing?”), as applied to claim 1, and further in view of Hirayama (US 20190295828 A1).
Regarding claim 9, Onwude discloses (see the rejection of claim 1 for citations unless otherwise stated) in a drying environment including an article having moisture content, an electrohydrodynamic (EHD) drying apparatus, comprising:
a DEP electrode connected to a power source for providing a voltage;
a collector connected to the power source and having a lower voltage that the DEP electrode for establishing a non-uniform electric field between the DEP electrode and collector; and
a dielectrophoretic field (i.e., non-uniform electric field) induced by the power source between the DEP electrode and collector configured for selectively disposing the moisture content out of the article, wherein the collector defining a ground electrode including a conductive surface, the dielectrophoretic field disposing the moisture content of the vapor phase in a direction based on an electric permittivity of the moisture for removing the liquid phase from the article; EXCEPT
a centrally disposed slot for sensing heat flux through the article.
Hirayama teaches an electromagnetic heating device having a centrally disposed slot in the upper electrode for sensing heat flux (via sensor 60a) through the chamber space (para. 43).
It would have been obvious to a person skilled in the art at the time of effective filing of the application to modify Onwude to include a centrally disposed slot for sensing heat flux through the article. The motivation to combine is to monitor the heating conditions in the air gap to ensure controlled heating and drying of the fruits and vegetables.
Response to Arguments
Regarding the amendment of claim 9, claim 9 is not placed in condition for allowance because it did not incorporate intervening claim 6.
Applicant asserts the following on page(s) 2 of the Remarks:
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Examiner’s response:
Claim 1 does not recite slots formed between each of the parallel elongated electrode members. Although claim 7 recites the slots and the parallel elongated electrode members, this feature is disclosed in the Fig. 4(c) and (d) embodiments of Onwude; therefore, since the structural limitations are disclosed, the intended effect would also be inherently disclosed.
Applicant asserts the following on page(s) 2 of the Remarks:
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Examiner’s response:
Claim 1 is an apparatus claim and Onwude discloses all of the structural limitations in claim 1; therefore, since all of the structural limitations are disclosed, Onwude would inherently disclose the intended effect.
Moreover, all that is required to produce the effect is a non-uniform electric field and a two phase (liquid-vapor) water (see para. 25 of applicant’s pgpub). Onwude also discloses a non-uniform electric field and a two-phase water.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON LAU whose telephone number is (571)270-7644. The examiner can normally be reached Mon-Fri 8:00-5:00.
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/JASON LAU/Primary Examiner, Art Unit 3762
