DETAILED ACTION
The present office action is in response to claims filed on 02/02/2023. Claims 1 – 23 are pending in the application.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Claim Objections
The claims are generally objected to because they are replete with informalities. The claims appear to be a direct translation of a foreign application. It is noted that only the informalities in Independent Claims 1 and 11 are recited below. However, all claims should be examined and corrected for similar antecedent basis and grammar informalities. :
Claim 1 recites “double-walled glass insulator” in line 1, which should recite “A double-walled glass insulator” for proper antecedent basis.
Claim 1 recites “said air-gap” in line 2, which should recite “an air-gap” for proper antecedent basis.
Claim 1 recites “the air” in line 4, which should recite “the ambient air” for proper antecedent basis.
Claim 1 recites “for conducting ambient air” in line 6, which should recite “for conducting the ambient air” for proper antecedent basis.
Claim 1 recites “said air gap” in line 7, which should recite “said air-gap” for proper antecedent basis.
Claim 1 recites “said flow control” in line 11, which should recite “said flow control means” for proper antecedent basis.
Claim 1 recites “said means for facilitating air” in lines 14-15, which should recite “said flow control means” for proper antecedent basis.
Claim 1 recites “said absorption material saturation level” in line 15, which should recite “an absorption material saturation level” for proper antecedent basis.
Claim 1 recites “said flow control” in line 16, which should recite “said flow control means” for proper antecedent basis.
Claim 1 recites “the hot, dry air” in line 19” which should recite “hot, dry air” for proper antecedent basis.
Claim 1 recites “said air gap” in line 19, which should recite “said air-gap” for proper antecedent basis.
Claim 1 recites “the cool, moist conditions” in line 20, which should recite “cool, moist conditions” for proper antecedent basis.
Claim 1 recites “the moisture content” in line 21, which should recite “a moisture content” for proper antecedent basis.
Claim 11 recites “the air gap” in line 1, which should recite “an air gap” for proper antecedent basis.
Claim 11 recites “said air-gap” in line 4, which should recite “said air gap” for proper antecedent basis.
Claim 11 recites “said ventilated air gap” in lines 5-6, which should recite “said air gap” for proper antecedent basis.
Claim 11 recites “the low relative humidity of hot air” in line 17, which should recite “
Claim 11 recites “the high relative humidity” in line 18, which should recite “
Claim 11 recites “the saturation level” in line 19, which should recite “a saturation level” for proper antecedent basis.
Appropriate correction is required.
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 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.
Claim limitation “flow control means”, “sensing means”, “flow restriction means”, “means for facilitating airflow”, “means for evaluating”, and “exposure restriction means” 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 “means” coupled with functional language “for conducting ambient air”, “determine the absorbed moisture saturation level of said absorption material”, “controlling the flow rate of airflow to said absorption material”, “for facilitating airflow”, “means for evaluating the saturation level of said absorption material”, and “to control the flow rate of said airflow through said absorption material”, respectively, 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, 2, 3, 11, 15, and 16 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: Page 5, line 3, recites “flow control means such as a fan”. Page 4, lines 13-18 recites “means for evaluating the saturation level of said absorption material: a sensor or sensors adapted to determine the state of moisture absorption of absorption material, such as humidity sensor, conductivity sensor, capacity sensor, salinity sensor, volume sensor, specific gravity, viscosity, scale, or any other sensor that indicates the amount of water in the absorption material”. It is noted structure for “flow restriction means” is not recited in the Specification. Page 7, lines 18-20 recites “Means for facilitating airflow: devices for created forced air flow. There are many means suitable, including active means such as blowers or fans, and passive means such as solar tubes, convection devices, wind-powered roof vent turbines, and assisting devices such as ducts and dampers”. Page 9, line 22 – Page 10, line 5 recites “exposure restriction means: for example, an electronically controlled baffle or valve can be used”. Therefore, the Examiner interprets “flow control means” to be a fan, “sensing means” and “means for evaluating” to be a humidity sensor, conductivity sensor, capacity sensor, salinity sensor, volume sensor, specific gravity, viscosity, scale, or any other sensor that indicates the amount of water in the absorption material, “means for facilitating airflow” to be active means such as blowers or fans, and/or passive means such as solar tubes, convection devices, wind-powered roof vent turbines, and assisting devices such as ducts and dampers, and “exposure restriction means” to be an electronically controlled baffle or valve.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 3 and 4 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention.
Claim 3 recites “flow restriction means adapted for controlling the flow rate of airflow to said absorption material” in lines 1-2.
The specification, as originally filed on 02/02/2023 does not recite structure of a “flow restriction means adapted for controlling the flow rate of airflow to said absorption material”.
As no structural components are recited in the description or illustrated in the drawings to perform the function of controlling the flow rate of airflow to said absorption material, the metes and bounds of “flow restriction means” cannot be determined.
Claim 4 depends from Claim 3.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 2 – 10, 16, and 22 are rejected 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 or a joint inventor regards as the invention.
Claims 2 – 10 recite “The system” in lines 1, but depend from Claim 1, which recites “A double-walled glass insulator” in line 1. This yields the claim indefinite.
It is unclear if this preamble discrepancy should be corrected by modifying Claim 1 to recite “A double-walled glass insulator system” or if Claims 2 – 10 should be amended to recite “The insulator”.
Since it is unclear how to interpret “the system”, this yields the claim indefinite.
For purposes of interpretation, the Examiner interprets “the system” in Claims 2 – 10 to recite “the insulator”.
Claim 3 recites “flow restriction means adapted for controlling the flow rate of airflow to said absorption material” in lines 1-2.
The specification, as originally filed on 02/02/2023 does not recite structure of a “flow restriction means adapted for controlling the flow rate of airflow to said absorption material”.
This yields the claim indefinite as no structural components are recited in the description or illustrated in the drawings to perform the function of controlling the flow rate of airflow to said absorption material. The metes and bounds of “flow restriction means” cannot be determined.
Claim 4 depends from Claim 3.
Claim 10 recites “said air-gap temperature” in line 2, “the relative humidity of said ambient air or said indoor air” in line 3, and “said absorbed moisture saturation level” in lines 3-4, which lack antecedent basis in the claim.
Claim 10 depends from Claim 1.
Antecedent basis for “said air-gap temperature”, “the relative humidity of said ambient air or said indoor air”, and “said absorbed moisture saturation level” is established in Claim 2.
It is unclear if the antecedent basis issue should be corrected by amending “said air-gap temperature” in line 2, “the relative humidity of said ambient air or said indoor air” in line 3, and “said absorbed moisture saturation level” to “an air-gap temperature”, “a relative humidity of said ambient air or said indoor air” , and “an absorbed moisture saturation level” or if it should be corrected by amending the claim to depend from Claim 2 instead of Claim 1. This yields the claim indefinite.
For purposes of examination, the Examiner interprets Claim 10 to depend from Claim 2.
Claim 16 recites “said predetermined threshold” in line 3, which lacks antecedent basis in the claim.
Claim 16 depends from Claim 11.
Antecedent basis for “said predetermined threshold” is established in Claim 15.
It is unclear if the antecedent basis issue should be corrected by amending “said predetermined threshold” in line 3 to recite “a predetermined threshold” or if it should be corrected by amending the claim to depend from Claim 15 instead of Claim 11. This yields the claim indefinite.
For purposes of examination, the Examiner interprets Claim 16 to depend from Claim 15.
Claim 22 recites “said air-gap temperature” in line 2, “the relative humidity of said ambient air or said indoor air” in line 3, and “said saturation level” in line 3, which lack antecedent basis in the claim.
Claim 22 depends from Claim 11.
Antecedent basis for “said air-gap temperature”, “the relative humidity of said ambient air or said indoor air”, and “said absorbed moisture saturation level” is established in Claim 15.
It is unclear if the antecedent basis issue should be corrected by amending “said air-gap temperature” in line 2, “the relative humidity of said ambient air or said indoor air” in line 3, and “said saturation level” to “an air-gap temperature”, “a relative humidity of said ambient air or said indoor air” , and “a saturation level” or if it should be corrected by amending the claim to depend from Claim 15 instead of Claim 11. This yields the claim indefinite.
For purposes of examination, the Examiner interprets Claim 22 to depend from Claim 15.
Appropriate action 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.
(a)(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.
Claims 1, 7, 8, 9, 11, 12, 13, 19, 20, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukada et al. (Japanese Patent Publication No. JP2001054717A, English Machine Translation provided herein and relied upon below).
Regarding Claim 1, Fukada shows (Figures 1, 2, 3, 4, 5, 6, 7, and 8):
A double-walled glass insulator (device illustrated in Figure 1) comprising:
first (30) and second (31) vents adapted for conducting (as illustrated by air flow arrows in the figures) ambient air (D) into and out of an air-gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1);
at least one absorption material unit (25) containing a volume of absorption material (the volume of material of 25) adapted to absorb humidity from the ambient air (D), said absorption material (25) is in fluid communication with (as illustrated in Figure 1, 25 is located within a portion of the air gap and therefore in fluid communication with) said air-gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1);
flow control means (22) for conducting (as illustrated by the air flow arrows in the figures) the ambient air (D) through said first vent (30) into (as illustrated in Figure 5) said air-gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1) and for conducting air (C) out of (as illustrated in Figure 5, B turns to C) said air gap-gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1) through said second air vent (31), out to the ambient air (ambient air on the exterior of the building, as illustrated in Figure 3);
a controller (36) controlling (as illustrated in Figure 1) said flow control means (22), adapted to operate in the following modes:
a water-harvesting mode (as described in Paragraph 0066), wherein said controller (36) operates said flow control means (22) such that said absorption material (25) can absorb humidity (humid outside air, Paragraph 0066) from the ambient air (A), when conditions allow it;
a waiting-mode (when the device is not operating), when said controller (36) is not activating said flow control means (22) so an adsorption material saturation level (the saturation level of 25) does not actively change (when the device is not operating, no air is flowing through 25; therefore, the saturation level of 25 does not actively change);
a cooling-mode (as described in Paragraph 0063), when said controller (36) operates said flow control means (22) such that said absorption material (25) can release humidity (water held within 25 releasing as humidity into B) into the air (B) of said air gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1), when conditions allow it; wherein
moisture (moisture within 25) from said absorption material (25) is released (as described on Page 6, lines 35-45) into hot, dry air (heated outside air, Page 6, line 40) in said air-gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1) during the day for evaporative cooling, and cool, moist conditions (humid outside air, Paragraph 0066) of the ambient air (A) are used during the night for water harvesting (as described in Paragraph 0066 and illustrated in Figure 8), increasing a moisture content (the moisture content of 25) of said absorption material (25).
Regarding Claim 7, Fukada shows (Figures 1, 2, 3, 4, 5, 6, 7, and 8):
The absorption material unit (25) is placed in the following location:
inside (as illustrated in Figure 1) the air-gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1) such that at least part of (as illustrated by the air flow arrows in the figures, all of the airflow passes through 25) of the airflow (B) passes through said air-gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1) passes through said absorption material (25).
Regarding Claim 8, Fukada shows (Figures 1, 2, 3, 4, 5, 6, 7, and 8):
The absorption unit (25) comprises a sealed container (the housing of the device, as illustrated in Figure 1, which can be sealed when the louvers are all in the closed position) having at least two unit-vents (32, 33, 34,35) adapted to control air flow electronically (via 32a, 33a, 34a, 35a), wherein said first unit-vent (32 or 34) allows air-gap air (air entering the air gap through 32 or 34) to enter the absorption unit (25) and the second unit-vent (33 or 35) allows said air gap air (B) to leave the absorption unit (25) from (via 33 and 35) and back to (via 32 and 34) said air gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1).
Regarding Claim 9, Fukada shows (Figures 1, 2, 3, 4, 5, 6, 7, and 8):
Used to cool building-integrated photovoltaics (this limitation is interpreted as an intended use limitation, and Fukada’s device is capable of being used to cool building-integrated photovoltaics).
Regarding Claim 11, Fukada shows (Figures 1, 2, 3, 4, 5, 6, 7, and 8):
A water-harvesting evaporative-cooling system (system illustrated in Figure 1) for cooling an air gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1) of a ventilated air gap construction comprising:
at least one absorption material unit (25) containing a volume of absorption material (the volume of material of 25) adapted to absorb humidity from the ambient air (D), said absorption material (25) is in fluid communication with (as illustrated in Figure 1, 25 is located within a portion of the air gap and therefore in fluid communication with) said air-gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1);
means for facilitating airflow (22) originating from (as illustrated by the air flow arrows in the figures) ambient air (D), through said air gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1) through said first vent (30) into (as illustrated in Figure 5) said air gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1);
a controller (36) being operatively connected (as illustrated in Figure 1) to said means for facilitating airflow (22), configured to operate in the following modes:
water-harvesting mode (as described in Paragraph 0066), wherein said controller (36) operates said means for facilitating airflow (22) such that said absorption material (25) absorbs humidity (humid outside air, Paragraph 0066) from said ambient air (A), when conditions allow it;
waiting-mode (when the device is not operating), when said controller (36) prevents airflow (when the device is not operating, no air is flowing through 25; therefore, the saturation level of 25 does not actively change), such that said absorption material (25) does not absorb humidity (when the device is not operating, no air is flowing through 25; therefore, the humidity in the ambient air is not absorbed by 25);
cooling-mode (as described on Page 6, lines 35-45), when said controller (36) operates said means for facilitating airflow (22) such that said absorption material (25) can evaporate water (water held within 25 releasing as humidity into B) into said airflow (B), when conditions allow it; wherein
low relative humidity of (heated outside air, Paragraph 0063) in said air gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1) is used during the day for evaporative cooling (as described on Page Paragraph 0063), and high relative humidity (humid outside air, Paragraph 0066) of said ambient air (A) is used during the night for water harvesting (as described in Paragraph 0066 and illustrated in Figure 8) thereby increasing a saturation level (the moisture content of 25 as a saturation level) of said absorption material (25).
Regarding Claim 12, Fukada shows (Figures 1, 2, 3, 4, 5, 6, 7, and 8):
Said airflow (B) occurs past a surface (the bottom surface of 25, as illustrated in Figure 1) of said absorption material (25) such that humidity is exchanged (humidify is exchanged between 25 and B as B passes through 25) between said airflow (B) and said absorption material (25) over a surface area (the surface area of 25) of said absorption material unit (25).
Regarding Claim 13, Fukada shows (Figures 1, 2, 3, 4, 5, 6, 7, and 8):
Said absorption material (25) is porous material (as illustrated by the air flow arrows, the airflow flows through 25, therefore 25 is a porous material);
said airflow (B) is going through (as illustrated by the air flow arrows in the figures) said absorption material (25), thereby humidity can be exchanged (humidify is exchanged between 25 and B as B passes through 25) between air (B) and a large surface area (the surface area of 25) of said absorption material (25).
Regarding Claim 19, Fukada shows (Figures 1, 2, 3, 4, 5, 6, 7, and 8):
The absorption material unit (25) is placed in the following location:
inside (as illustrated in Figure 1) the air-gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1) such that at least part of (as illustrated by the air flow arrows in the figures, all of the airflow passes through 25) of the airflow (B) passes through said air-gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1) passes through said absorption material (25).
Regarding Claim 20, Fukada shows (Figures 1, 2, 3, 4, 5, 6, 7, and 8):
The absorption unit (25) comprises a sealed container (the housing of the device, as illustrated in Figure 1, which can be sealed when the louvers are all in the closed position) having at least two unit-vents (32, 33, 34, 35) adapted to control air flow electronically (via 32a, 33a, 34a, 35a), wherein said first unit-vent (32 or 34) allows said air (air entering the air gap through 32 or 34) from said air-gap to enter the absorption material unit (25) and the second unit-vent (33 or 35) allows said air (B) from said air-gap to exit the absorption material unit (25), said controller (36) being adapted to control (as illustrated in Figure 1) said unit-vents (32, 33, 34, 35).
Regarding Claim 21, Fukada shows (Figures 1, 2, 3, 4, 5, 6, 7, and 8):
Used to cool building-integrated photovoltaics (this limitation is interpreted as an intended use limitation, and Fukada’s device is capable of being used to cool building-integrated photovoltaics).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, 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.
Claims 5 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Fukada et al. (Japanese Patent Publication No. JP2001054717A, English Machine Translation provided herein and relied upon below), as recited in Claims 1 and 11 above, in view of Zchori et al. (U.S. Patent No. 10,816,229).
Regarding Claim 5, Fukada shows (Figures 1, 2, 3, 4, 5, 6, 7, and 8):
A third vent (28/32) in fluid communication (as illustrated by the air flow arrows in the figures) with the indoor air (D) of the structure (1) employing said double-walled glass insulator (device illustrated in Figure 1), said third vent (28/32) being controlled by said controller (36);
at least one set of relative humidity sensor (37) associated with said controller (36), deployed for sensing the relative humidity of said indoor air (D); wherein
the indoor air (D) is forced through (as illustrated by the air flow arrows) the absorption material (25) and the air-gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1).
However, Fukada lacks showing the humidity sensor is also a temperature sensor that senses temperature of the indoor air, and wherein the controller is configured to operate a fourth mode in which said indoor air is forced through said absorption material and said air-gap then out to the ambient through said second vent, thereby allowing use of cold, dry indoor air for further evaporative cooling in said air gap.
In the same field of endeavor of humidity control in an air gap of a building, Zchori teaches (Figure 8):
It is known in the art for a sensor (19-23) to be a combination temperature and humidity sensor (as described in Col. 11, 19-23 measure both temperature and humidity) and a fourth mode of operation (operation illustrated in the second house down in the right column in Figure 8, where the indoor air enters low and exits to exterior high) in which said indoor air is forced through said third vent (13), said absorption material (hygroscopic material proximate 19), and said air gap then out to the ambient through said second vent (3), thereby allowing use of cold, dry indoor air for further evaporative cooling in said air gap.
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the humidity sensors shown by Fukada to be combination humidity and temperature sensors, as taught by Zchori, to allow the controller to collect more data regarding the air flow in the system to run the system at optimum efficiency.
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the controller shown by Fukada to have a fourth mode of operation, as taught by Zchori, to increase the comfort of those within the building by allowing stale indoor air to be exhausted by the system.
Regarding Claim 17, Fukada shows (Figures 1, 2, 3, 4, 5, 6, 7, and 8):
A third vent (28/32) in fluid communication (as illustrated by the air flow arrows in the figures) with the indoor air (D) of the structure (1) employing said double-walled glass insulator (device illustrated in Figure 1), said third vent (28/32) being controlled by said controller (36);
at least one set of relative humidity sensor (37) associated with said controller (36), deployed for sensing the relative humidity of said indoor air (D); wherein
the indoor air (D) is forced through (as illustrated by the air flow arrows) the absorption material (25) and the air-gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1).
However, Fukada lacks showing the humidity sensor is also a temperature sensor that senses temperature of the indoor air, and wherein the controller is configured to operate a fourth mode in which said indoor air is forced through said absorption material and said air-gap then out to the ambient through said second vent, thereby allowing use of cold, dry indoor air for further evaporative cooling in said air gap.
In the same field of endeavor of humidity control in an air gap of a building, Zchori teaches (Figure 8):
It is known in the art for a sensor (19-23) to be a combination temperature and humidity sensor (as described in Col. 11, 19-23 measure both temperature and humidity) and a fourth mode of operation (operation illustrated in the second house down in the right column in Figure 8, where the indoor air enters low and exits to exterior high) in which said indoor air is forced through said third vent (13), said absorption material (hygroscopic material proximate 19), and said air gap then out to the ambient through said second vent (3), thereby allowing use of cold, dry indoor air for further evaporative cooling in said air gap.
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the humidity sensors shown by Fukada to be combination humidity and temperature sensors, as taught by Zchori, to allow the controller to collect more data regarding the air flow in the system to run the system at optimum efficiency.
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the controller shown by Fukada to have a fourth mode of operation, as taught by Zchori, to increase the comfort of those within the building by allowing stale indoor air to be exhausted by the system.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Fukada et al. (Japanese Patent Publication No. JP2001054717A, English Machine Translation provided herein and relied upon below), as recited in Claim 11 above, in view of Motodani et al. (U.S. Pre-Grant Publication No. 2020/0263895).
Regarding Claim 23, Fukada shows the claimed invention except the controller is further configured to operate in a pulsed activation mode wherein said airflow is made intermittent.
In the same field of endeavor of fan control, Motodani teaches (Paragraph 0002):
It is known in the art to operate a controller (the controller that operates the fan) in a pulsed activation mode (intermittent mode, Paragraph 0002) wherein said airflow (airflow from the air supply fan) is made intermittent (the airflow is intermittent as the air supply fan is turned on and off in intermittent mode).
Further, “this makes it possible to suppress ice formation, which occurs when the outdoor temperature is low and the indoor air humidity is high”, Paragraph 0002.
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the controller shown by Fukada to have a pulsed activation mode wherein said airflow is made intermittent, as taught by Motodani, to suppress ice formation in the system.
Allowable Subject Matter
Claims 2 – 4, 6, and 10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding Claim 2, Fukada shows (Figures 1, 2, 3, 4, 5, 6, 7, and 8):
At least one relative humidity sensor (38) associated with said controller (36) and deployed for sensing (as illustrated in Figure 2) the humidity of said ambient air (D) and at least one relative humidity sensor (37) associated with said controller (36) and deploying for sensing (as illustrated in Figure 2, 37 senses the humidity of the air leaving the air gap) the humidity of said air-gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1) upstream and in adjacent to said absorption material unit (25).
However, Fukada lacks showing the humidity sensors are combined temperature/humidity sensors, sensing means adapted to determine the absorbed moisture saturation level of said absorption material said absorbed moisture saturation level being the relative humidity of air in equilibrium with said absorption material; wherein said controller is configured to operate said modes in accordance with the following rules: operating said water-harvesting mode when the relative humidity of the ambient air is higher than said absorbed moisture saturation level of said absorption material, operating said waiting-mode when the relative humidity of the ambient air is lower than said absorbed moisture saturation level of said absorption material and the temperature in said air gap is lower than a predetermined cooling threshold, and operating said cooling-mode when the temperature of said air-gap exceeds said predetermined cooing threshold, and said air-gap relative humidity is lower than said absorbed moisture saturation level of said absorption material.
Zchori et al. (U.S. Patent No. 10,816,299) teaches (see Figure 10) it is known in the building air gap humidity control art for sensors (19-23) to sense both temperature and relative humidity and sensing means (19) adapted to determine the absorbed moisture saturation level of said absorption material said absorbed moisture saturation level being the relative humidity of air in equilibrium with said absorption material.
However, the combination of Fukada and Zchori does not teach or suggest operating the modes based on the humidity and temperature criteria recited in Claim 2.
Claims 3, 4, and 10 (as interpreted under 35 U.S.C. 112(b) above) depend from Claim 2.
Regarding Claim 6, Fukada shows (Figures 1, 2, 3, 4, 5, 6, 7, and 8):
Said absorption material unit (25) comprises the volume of absorption material (the volume of material that comprises 25) placed inside (as illustrated in Figure 1) the air-gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1) such that there is minimum restriction (as illustrated by the air flow arrows in the figures, there is minimum restriction of the air flow through 25) of said airflow (airflow through the device).
However, Fukada lacks showing said absorption material is characterized by one or more of the following: having projections adapted for increasing surface area, being transparent, and having decorative purpose.
Modifying Fukada’s absorption material accordingly teaches away from the principle operation of Fukada.
Claims 14, 15, 16, 18, and 22 are objected to as being dependent on a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding Claim 14, Fukada shows the claimed invention except a second air gap parallel to said air gap closer to an interior of the structure employing said ventilated air gap, said means for facilitating airflow configured to facilitate a flow of air in two direction, a first airflow direction wherein said airflow flows from said second air gap to said air gap and a second airflow direction when said airflow flows from said air gap to said second air gap, and wherein said controller operate said water harvesting mode in said first airflow direction and said cooling mode in said second airflow direction in the summertime, such that the heating effects of said water harvesting mode does not heat the building in the summertime.
Modifying Fukada accordingly teaches away from the principle operation of Fukada.
Regarding Claim 15, Fukada shows (Figures 1, 2, 3, 4, 5, 6, 7, and 8):
At least one relative humidity sensor (38) associated with said controller (36) and deployed for sensing (as illustrated in Figure 2) the humidity of said ambient air (D) and at least one relative humidity sensor (37) associated with said controller (36) and deploying for sensing (as illustrated in Figure 2, 37 senses the humidity of the air leaving the air gap) the humidity of said air-gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1) upstream and in adjacent to said absorption material unit (25).
However, Fukada lacks showing the humidity sensors are combined temperature/humidity sensors, sensing means adapted to determine the absorbed moisture saturation level of said absorption material said absorbed moisture saturation level being the relative humidity of air in equilibrium with said absorption material; wherein said controller is configured to operate said modes in accordance with the following rules: operating said water-harvesting mode when the relative humidity of the ambient air is higher than said absorbed moisture saturation level of said absorption material, operating said waiting-mode when the relative humidity of the ambient air is lower than said absorbed moisture saturation level of said absorption material and the temperature in said air gap is lower than a predetermined cooling threshold, and operating said cooling-mode when the temperature of said air-gap exceeds said predetermined cooing threshold, and said air-gap relative humidity is lower than said absorbed moisture saturation level of said absorption material.
Zchori et al. (U.S. Patent No. 10,816,299) teaches (see Figure 10) it is known in the building air gap humidity control art for sensors (19-23) to sense both temperature and relative humidity and sensing means (19) adapted to determine the absorbed moisture saturation level of said absorption material said absorbed moisture saturation level being the relative humidity of air in equilibrium with said absorption material.
However, the combination of Fukada and Zchori does not teach or suggest operating the modes based on the humidity and temperature criteria recited in Claim 15.
Claims 16 and 22 (as interpreted under 35 U.S.C. 112(b) above) depend from Claim 15.
Regarding Claim 18, Fukada shows (Figures 1, 2, 3, 4, 5, 6, 7, and 8):
Said absorption material unit (25) comprises the volume of absorption material (the volume of material that comprises 25) placed inside (as illustrated in Figure 1) the air-gap (vertical air gap formed between 20a and 20b, as illustrated in Figure 1) such that there is minimum restriction (as illustrated by the air flow arrows in the figures, there is minimum restriction of the air flow through 25) of said airflow (airflow through the device).
However, Fukada lacks showing said absorption material is characterized by one or more of the following: having projections adapted for increasing surface area and having decorative purpose.
Modifying Fukada’s absorption material accordingly teaches away from the principle operation of Fukada.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and is provided in the Notice of References Cited.
The following prior art teaches related evaporative cooling systems:
Bourne (U.S. Pre-Grant Publication No. 2011/0198052): see Figure 1
Weickert et al. (U.S. Pre-Grant Publication No. 2018/0328601): see Figure 1
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/D. T./
Examiner, Art Unit 3762
/AVINASH A SAVANI/Primary Examiner, Art Unit 3762