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 .
DETAILED ACTION
Summary
Claim(s) 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27,28,29,30,31,32,33,34,35,36,37,38,39,40,41,42,43,44,45,46,47,48 are pending,
4,10,11,12,14,15,16,19,20,32,45, non-elected/withdrawn
Election/Restrictions
Applicant’s election without traverse of
System Differences: Species A12: Fig. 34
Tubular membrane assembly: Species B19: Fig. 44
Connection between headers of membrane: Species C1: Fig. 10A
Connection between header of an inlet manifold and an upper header of a tubular membrane:
Species D1: Fig. 10B
Tubular membrane assembly support: Species E2: Fig. 23
Tubular membrane extending in various openings of the support plate: Species F2: Fig. 27
in the reply filed on 11/10/2025 is acknowledged.
Claim(s) 4, 32 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, B12, para 195 a sleeve portion 3723 drawn to fig 37, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 22, 23 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim(s) 22 has the phrase, “wherein the tubular membrane assembly comprises a first tubular membrane assembly and a second tubular membrane assembly,” which (in the context of the claim) is unclear what is included and excluded by the scope of claim language;
Particularly, unclear if assemblies are new parts, or subdivisions of previous parts
Claim(s) 23 has the phrase, “wherein the tubular membrane assembly comprises a plurality of tubular membrane assemblies,” which (in the context of the claim) is unclear what is included and excluded by the scope of claim language;
Particularly, unclear if assemblies are new parts, or subdivisions of previous parts
Claim(s) 23 has the phrase, “the inlet headers thereof,” which (in the context of the claim) is unclear what is included and excluded by the scope of claim language;
Particularly, it is unclear if the phrase refers to something previously mentioned (albeit without proper antecedent basis), OR if this phrase is setting forth a new element
Claim(s) 23 has the phrase, “the outlet headers,” which (in the context of the claim) is unclear what is included and excluded by the scope of claim language;
Particularly, it is unclear if the phrase refers to something previously mentioned (albeit without proper antecedent basis), OR if this phrase is setting forth a new element
Though one or more of the claim(s) are indefinite, for the sake of compact prosecution, the examiner has done his best to ascertain their meaning for the following 35 USC § 102 and/or 35 USC § 103 rejection(s)
Claim Rejections - 35 USC § 102
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 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) 30, 31, 33, 36, 37, 38, 39, 42, 43, 46, 47 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 3697635 (herein known as Dietzsch)
With regard to claim 30, Dietzsch sufficiently teaches a direct exchanger assembly capable of air mass comprising:, especially at abstract, c1ln5-35; Apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. The manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim (see MPEP § 2114 & § 2173.05(g))
tubular membranes having lumens and sidewalls extending about the lumens, the side walls of the tubular membranes capable of permit mass transfer between air contacting outer surfaces of the sidewalls and the lumens of the tubular membranes, especially at abstract, fig 21, c1ln5-35, c8ln60-67
a header 18 capable of fluid communication with the tubular membranes, especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
a header body 18 of the header comprising:, especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
an inner surface portion (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
an outer surface portion opposite the inner surface portion (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
a plurality of through openings (as depicted) extending between the inner surface portion and the outer surface portion, especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
end portions of the tubular membranes extending in the through openings of the header body (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
potting 20 of the header in the through openings of the header body and on at least one of the inner surface portion and the outer surface portion, the potting connecting the tubular membranes and the header body, especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
With regard to claim 31, Dietzsch sufficiently teaches
wherein the potting in the through openings extends from the inner surface portion to the outer surface portion of the header body (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
With regard to claim 33, Dietzsch sufficiently teaches
wherein the potting in the through openings of the header body separates the tubular membranes from the header body (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
With regard to claim 36, Dietzsch sufficiently teaches
wherein the header body has a unitary, one-piece construction (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
With regard to claim 37, Dietzsch sufficiently teaches
wherein the potting is on the inner surface portion and the outer surface portion, especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
With regard to claim 38, Dietzsch sufficiently teaches
wherein each through opening has a single tubular membrane end portion extending therein (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
With regard to claim 39, Dietzsch sufficiently teaches
wherein the tubular membranes are capable of via common thermal expansion, lengthen upon receiving the working fluid, especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
With regard to claim 42, Dietzsch sufficiently teaches
wherein the side walls of the tubular membranes are capable of permit water vapor in the air to travel through the side walls and into liquid desiccant in the lumens of the tubular membranes (vacuum desalation indicates water vapor permeable), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
With regard to claim 43, Dietzsch sufficiently teaches
wherein the side walls of the tubular membranes are capable of permit water vapor to travel through the side wall and inhibit liquid water from traveling through the side wall (vacuum desalation indicates water vapor permeable; liquid water inhibit), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
With regard to claim 46, Dietzsch sufficiently teaches
wherein the header body comprises a plate portion that includes the inner surface portion, outer surface portion, and through openings extending therebetween (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
With regard to claim 47, Dietzsch sufficiently teaches
another header 14 secured to the tubular membranes, especially at figs 20,21, c8ln40-45
Claim(s) 1, 2, 3, 7, 8, 9, 13, 17, 18, 21, 22, 23, 24, 28, 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 3697635 (herein known as Dietzsch) in view of US 10447106 (herein known as JANG)
With regard to claim 1, Dietzsch sufficiently teaches an exchanger capable of exchanging mass between "gases" (air) and a working fluid, the exchanger comprising:, especially at abstract, c1ln5-35; Apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. The manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim (see MPEP § 2114 & § 2173.05(g))
an inlet (right) capable of air, especially at abstract, fig 21, c1ln5-35, c8ln60-67; Apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. The manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim (see MPEP § 2114 & § 2173.05(g))
an outlet (left) capable of air, especially at abstract, fig 21, c1ln5-35, c8ln60-67; Apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. The manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim (see MPEP § 2114 & § 2173.05(g))
Dietzsch does not specifically teach an airflow generator configured to cause movement of air from the air inlet to the air outlet;
But, JANG sufficiently teaches gasflow generator capable of cause movement of air from the air inlet to the air outlet, especially at abstract, fig 1
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (or at the time the invention was made; if pre-AIA ) to provide Dietzsch with gasflow generator capable of cause movement of air from the air inlet to the air outlet of JANG for the benefit of passing gas, as determined as needed
Dietzsch sufficiently teaches a tubular membrane assembly comprising:, especially at abstract, fig 21, c1ln5-35, c8ln60-67; Apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. The manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim (see MPEP § 2114 & § 2173.05(g))
an inlet header 18 capable of receive the working fluid, especially at abstract, fig 21, c1ln5-35, c8ln60-67
an outlet header 18, especially at abstract, fig 21, c1ln5-35, c8ln60-67
a plurality of tubular membranes connecting the inlet header and the outlet header capable of permiting the working fluid to flow therebetween, the tubular membranes positioned to be capable of contacted by the air as the air travels from the air inlet to the air outlet, the tubular membranes having inlet end portions and outlet end portions (as depicted), especially at abstract, fig 21, c1ln5-35, c8ln60-67
side walls of the tubular membranes capable of facilitating mass transfer between the "gaseous" (air) contacting the tubular membranes and the working fluid in the tubular membranes, especially at abstract, fig 21, c1ln5-35, c8ln60-67
the inlet header including:, especially at abstract, fig 21, c1ln5-35, c8ln60-67
an inlet header body 18 having inlet header body openings (as depicted) with the inlet end portions of the tubular membranes extending in the inlet header body openings, especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
inlet header potting 20 connecting the inlet end portions of the tubular membranes to the inlet header body, especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
the outlet header including:, especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
an outlet header body 18 having outlet header body openings (as depicted) with the outlet end portions of the tubular membranes extending in the outlet header body openings, especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
outlet header potting 20 connecting the outlet end portions of the tubular membranes to the outlet header body, especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
With regard to claim 2, Dietzsch sufficiently teaches
wherein at least a portion of the inlet header potting is in the inlet header body openings (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
wherein at least a portion of the outlet header potting is in the outlet header body openings (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
With regard to claim 3, Dietzsch sufficiently teaches
wherein the inlet header potting separates the tubular membranes from the inlet header body (as depicted) and the outlet header potting separates the tubular membranes from the outlet header body (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
With regard to claim 7, Dietzsch sufficiently teaches
wherein the side walls of the tubular membranes are capable of permit water vapor in the air to travel through the side walls and into liquid desiccant in the lumens of the tubular membranes (vacuum desalation indicates water vapor permeable), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
With regard to claim 8, Dietzsch sufficiently teaches
wherein the side walls of the tubular membranes are capable of permit water vapor to travel through the side wall and inhibit liquid water from traveling through the side wall (vacuum desalation indicates water vapor permeable; liquid water inhibit), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
With regard to claim 9, Dietzsch sufficiently teaches
wherein at least one of the inlet header body openings has two or more inlet end portions of the tubular membranes extending therein (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
wherein at least a portion of the inlet header potting is in the at least one inlet header body opening intermediate the two or more inlet end portions of the tubular membranes (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
wherein at least one of the outlet header body openings of the outlet header body has two or more outlet end portions of the tubular membranes extending therein (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
wherein at least a portion of the outlet header potting is in the at least one outlet header body opening intermediate the two or more outlet end portions of the tubular membranes (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
With regard to claim 13, Dietzsch sufficiently teaches
wherein the inlet header body includes an inner inlet surface portion and an outer inlet surface portion opposite the inner inlet surface portion, the inlet header body openings extending between the inner and outer inlet surface portions (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
wherein the inlet header potting includes potting on the inner and outer inlet surface portions of the inlet header body (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
wherein the outlet header body includes an inner outlet surface portion and an outer outlet surface portion opposite the inner outlet surface portion, the outlet header body openings extending between the inner and outer outlet surface portions (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
wherein the outlet header potting includes potting on the inner and outer outlet surface portions of the header body (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
With regard to claim 17, Dietzsch sufficiently teaches
wherein at least one of the inlet openings of the inlet header body have at least two tubular membrane inlet end portions extending therein (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
wherein at least one of the outlet openings of the outlet header body have at least two tubular membrane outlet end portions extending therein (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
With regard to claim 18, Dietzsch sufficiently teaches
wherein the inlet potting directly contacts the tubular membranes and the inlet header body (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
wherein the outlet potting directly contacts the tubular membranes and the outlet header body (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
With regard to claim 21, Dietzsch sufficiently teaches
wherein the tubular membranes include interiors to receive the working fluid (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
supports 14 external to the tubular membranes capable to resist deformation of the tubular membranes, especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
With regard to claim 22, Dietzsch sufficiently teaches
wherein the tubular membrane assembly comprises a first tubular membrane assembly (lower) and a second tubular membrane assembly (upper), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
wherein the outlet header of the first tubular membrane assembly is configured to be connected to the inlet header of the second tubular membrane assembly and form a compartment therebetween capable of wetted (as depicted), especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
With regard to claim 23, Dietzsch does not specifically teach an inlet manifold to receive working fluid; wherein the tubular membrane assembly comprises a plurality of tubular membrane assemblies having the inlet headers thereof configured to receive working fluid from the inlet manifold; and an outlet manifold connected to the outlet headers of the tubular membrane assemblies to receive working fluid from the outlet headers
Dietzsch sufficiently teaches a tubular membrane assembly, especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (or at the time the invention was made; if pre-AIA ) to provide a duplication of a tubular membrane assembly of Dietzsch with a plurality of tubular membrane assemblies having the inlet headers and outlet headers (i.e. an inlet manifold capable of receive working fluid; wherein the tubular membrane assembly comprises a plurality of tubular membrane assemblies having the inlet headers thereof configured to receive working fluid from the inlet manifold; and an outlet manifold connected to the outlet headers of the tubular membrane assemblies to receive working fluid from the outlet headers) of Dietzsch since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art (MPEP 2144.04 VI-B)
With regard to claim 24, Dietzsch sufficiently teaches
wherein the tubular membranes are capable of via common thermal expansion, lengthen upon receiving the working fluid, especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67
With regard to claim 28, Dietzsch does not specifically teach wherein the airflow generator comprises a fan and a motor operable to rotate the fan.
Dietzsch and JANG combination, as an addendum to the combination as already setforth herein,
JANG sufficiently teaches wherein the airflow generator comprises a fan and a motor operable to rotate the fan, especially at abstract, fig 1
With regard to claim 29, Dietzsch sufficiently teaches
wherein the tubular membranes each have a length and a cross-section perpendicular to the length, the cross section being circular (as depicted), especially at abstract, figs 20, 21,22, c1ln5-35, c7ln45-65, c8ln60-67
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 3697635 (herein known as Dietzsch) in view of US 10447106 (herein known as JANG) and US 20150246314 (herein known as CONSTANTZ)
With regard to claim 5, Dietzsch does not specifically teach wherein the side walls of the membranes capable of permit CO2 in the air to travel through the side walls and into a carbon capture solution of the working fluid
But, CONSTANTZ sufficiently teaches wherein the side walls of the membranes capable of permit CO2 in the air to travel through the side walls and into a carbon capture solution of the working fluid, especially at abstract, para 28,51; Apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. The manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim (see MPEP § 2114 & § 2173.05(g))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (or at the time the invention was made; if pre-AIA ) to substitute membrane Dietzsch -JANG with wherein the side walls of the membranes capable of permit CO2 in the air to travel through the side walls and into a carbon capture solution of the working fluid of CONSTANTZ for the benefit of carbon dioxide sequestration as taught by CONSTANTZ, especially at abstract
Claim(s) 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 3697635 (herein known as Dietzsch) in view of US 20150246314 (herein known as CONSTANTZ)
With regard to claim 40, Dietzsch does not specifically teach wherein the side walls of the membranes are capable of permit CO2 in the air to travel through the tubular membranes and into a carbon capture solution in the lumens of the tubular membranes
But, CONSTANTZ sufficiently teaches wherein the side walls of the membranes are capable of permit CO2 in the air to travel through the tubular membranes and into a carbon capture solution in the lumens of the tubular membranes, especially at abstract, para 28,51; Apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. The manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim (see MPEP § 2114 & § 2173.05(g))
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (or at the time the invention was made; if pre-AIA ) to substitute membrane Dietzsch with wherein the side walls of the membranes are capable of permit CO2 in the air to travel through the tubular membranes and into a carbon capture solution in the lumens of the tubular membranes of CONSTANTZ for the benefit of carbon dioxide sequestration as taught by CONSTANZ, especially at abstract
Claim(s) 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 3697635 (herein known as Dietzsch) in view of US 10401876 (herein known as COLEMAN)
With regard to claim 41, Dietzsch does not specifically teach wherein the side walls of the membranes capable of permiting methane in the air to travel through the side walls and into a methane capture solution of the working fluid in the tubular membranes
But, COLEMAN sufficiently teaches wherein the side walls of the membranes capable of permiting methane in the air to travel through the side walls and into a methane capture solution of the working fluid in the tubular membranes, especially at c96ln5-35
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (or at the time the invention was made; if pre-AIA ) to substitute membrane Dietzsch with wherein the side walls of the membranes capable of permiting methane in the air to travel through the side walls and into a methane capture solution of the working fluid in the tubular membranes of COLEMAN for the benefit of methane generation as tuaght by COLEMAN, especially at c96ln5-35
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 3697635 (herein known as Dietzsch) in view of US 10447106 (herein known as JANG) and US 10401876 (herein known as COLEMAN)
With regard to claim 6, Dietzsch does not specifically teach wherein the side walls of the membranes capable of permiting methane in the air to travel through the side walls and into a methane capture solution of the working fluid in the tubular membranes
But, COLEMAN sufficiently teaches wherein the side walls of the membranes capable of permiting methane in the air to travel through the side walls and into a methane capture solution of the working fluid in the tubular membranes, especially at c96ln5-35
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (or at the time the invention was made; if pre-AIA ) to substitute membrane Dietzsch -JANG with wherein the side walls of the membranes capable of permiting methane in the air to travel through the side walls and into a methane capture solution of the working fluid in the tubular membranes of COLEMAN for the benefit of methane generation as tuaght by COLEMAN, especially at c96ln5-35
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 3697635 (herein known as Dietzsch) in view of US 10447106 (herein known as JANG) and US 4657743 (herein known as KANNO)
With regard to claim 26, Dietzsch does not specifically teach a heat exchanger upstream or downstream of the tubular membrane heat exchanger, the heat exchanger configured to transfer heat between a process fluid and the air as the air travels between the air inlet and the air outlet.
But, KANNO sufficiently teaches a heat exchanger B downstream of the tubular membrane exchanger A, especially at fig 1, c3ln65-c4ln20
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (or at the time the invention was made; if pre-AIA ) to provide Dietzsch with a heat exchanger B downstream of the tubular membrane exchanger A of KANNO for the benefit of temperature control as determined as needed
KANNO sufficiently teaches the heat exchanger capable of transfer heat between a process fluid and the air as the air travels between the air inlet and the air outlet, especially at fig 1, c3ln65-c4ln20; Apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. The manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim (see MPEP § 2114 & § 2173.05(g))
Claim(s) 48 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 3697635 (herein known as Dietzsch) in view of US 4657743 (herein known as KANNO)
With regard to claim 48, Dietzsch sufficiently teaches
wherein the tubular membranes have first end portions secured to the header and second end portions opposite the first end portions, especially at figs 20,21, c8ln40-45
wherein the first end portions of the tubular membranes are open to permit mass in the lumens to travel into the header, especially at figs 20,21, c8ln40-45
Dietzsch does not specifically teach wherein the second end portions of the tubular membranes are closed by check valve
But, KANNO sufficiently teaches wherein the second end portions of the tubular membranes are closed by check valve, especially at fig 1, c3ln65-c4ln20
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (or at the time the invention was made; if pre-AIA ) to provide Dietzsch with wherein the second end portions of the tubular membranes are closed by check valve of KANNO for the benefit of controlling the direction of flow
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 3697635 (herein known as Dietzsch) in view of US 10447106 (herein known as JANG) and US 3856475 (herein known as MARX)
With regard to claim 25, Dietzsch does not specifically teach a valve operable to close the inlet header;
a pump operable to produce a vacuum in the tubular membranes; and
wherein the side walls of the tubular membranes are configured to facilitate mass transfer between the air contacting the tubular membranes and the vacuum in the tubular membranes.
But, MARX teaches a valve 54 operable to close the inlet header 34 , especially at figs 2,3, c4ln5-15, c5ln1-10
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (or at the time the invention was made; if pre-AIA ) to provide Dietzsch with a valve 54 operable to close the inlet header 34 of MARX for the benefit of preventing backflow as taught by MARX especially at c5ln1-10
But, MARX teaches booster pumps normally positioned downstream (i.e. a pump operable to produce a vacuum in the tubular membranes) , especially at figs 2,3, c1ln20-26
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (or at the time the invention was made; if pre-AIA ) to provide Dietzsch with booster pumps normally positioned downstream (i.e. a pump operable to produce a vacuum in the tubular membranes) of MARX for the benefit of avoiding pressure drops, as taught by MARX especially at c1ln20-28
Dietzsch sufficiently teaches wherein the side walls of the tubular membranes are capable of facilitate mass transfer between the air contacting the tubular membranes and the vacuum in the tubular membranes, especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67; in light of the combination; Apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. The manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim (see MPEP § 2114 & § 2173.05(g))
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 3697635 (herein known as Dietzsch) in view of US 10447106 (herein known as JANG) and US 4286653 (herein known as EDWARDS)
With regard to claim 27, Dietzsch sufficiently teaches
wherein the tubular membranes include lumens, especially at abstract, figs 20, 21, c1ln5-35, c7ln45-65, c8ln60-67, c10ln60-67
Dietzsch does not specifically teach tubes in the lumens for conducting another fluid through the tubular membranes.
But, EDWARDS sufficiently teaches tubes in the lumens for conducting another fluid through the tubular membranes (Heat exchanger 10 includes an elongated continuous outer tube 11 and an elongated continuous inner tube 12 for passing cooling medium therethrough; a second annular flow passage 16 between the tubes has a gas flow running in the opposite direction as the coolant flow, especially at column 3; lines 37-66; column 4; lines 1-5
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (or at the time the invention was made; if pre-AIA ) to provide Dietzsch with tubes in the lumens for conducting another fluid through the tubular membranes (Heat exchanger 10 includes an elongated continuous outer tube 11 and an elongated continuous inner tube 12 for passing cooling medium therethrough; a second annular flow passage 16 between the tubes has a gas flow running in the opposite direction as the coolant flow of EDWARDS utilize multiple fluids in the tubes to increase the efficiency of heat transfer, sufficiently taught by EDWARD especially at c1ln34-36; column 3 lines 37-66; column 4 lines 1-5
Claim(s) 34, 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 3697635 (herein known as Dietzsch) in view of US 5119552 (herein known as Sutou)
With regard to claim 34, Dietzsch does not specifically teach wherein the through openings each include a wider portion having a first width across the through opening and a narrower portion having a second width across the through opening that is less than the first width
But, Sutou sufficiently teaches wherein the through openings each include a wider portion having a first width across the through opening and a narrower portion having a second width across the through opening that is less than the first width, especially at fig2, column 6 lines 66-68; figure 7
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (or at the time the invention was made; if pre-AIA ) to provide Dietzsch with wherein the through openings each include a wider portion having a first width across the through opening and a narrower portion having a second width across the through opening that is less than the first width of Sutou so that the tubular membranes would be easier to insert into the headers
With regard to claim 35, Dietzsch does not specifically teach wherein the potting in the through openings includes potting in the wider portion of the through opening;
and
wherein the tubular membrane contacts the header body in the narrower portion of the through opening.
Dietzsch and Sutou combination, as addendum to the obvious combination already setforth herein,
Sutou sufficiently teaches wherein the potting in the through openings includes potting in the wider portion of the through opening; and wherein the tubular membrane contacts the header body in the narrower portion of the through opening , especially at fig2, column 6 lines 66-68; figure 7; as addendum to the claim 34 obvious combination rationale, as already provided herein
Claim(s) 44 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 3697635 (herein known as Dietzsch) in view of US 2013/0312445 (herein known as lsetti)
With regard to claim 44, Dietzsch does not specifically teach supports extending in the lumens of the tubular membranes to resist deformation of the tubular membranes.
But, lsetti teaches supports extending in the lumens of the tubular membranes to resist deformation of the tubular membranes (When the pipe cross-section is not circular, i.e. when the pipe is not self-supporting, it is provided with internal supports suitable to contrast the external pressure of the liquid phase, to guarantee the non-deformability of the cross-section, especially at paragraph [0107]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (or at the time the invention was made; if pre-AIA ) to provide Dietzsch with supports in the lumens of the tubular membranes to resist deformation of the tubular membranes (When the pipe cross-section is not circular, i.e. when the pipe is not self-supporting, it is provided with internal supports suitable to contrast the external pressure of the liquid phase, to guarantee the non-deformability of the cross-section of lsetti to enable the tubular membranes to resist interior deformation, as taught by ISETTI especially at para 107
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY R SHUMATE whose telephone number is (571)270-5546. The examiner can normally be reached on M,T,Th,F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Lebron can be reached on (571)272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY SHUMATE/
Primary Examiner, Art Unit 1776