DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/06/2025 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/06/2025 was filed after the filing date of the instant application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claims 1-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, 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, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. More specifically, it is not clear based on the original disclosure that at the time of filing Applicant had possession of evaporation of the mist “independent of the temperature of the water received from the water source” as required by amended claims 1 and 10. Specifically, paragraph 0051 of the original disclosure teaches “After the water droplets are generated by the atomizer, they fall through the enclosure against the flow of air. At least part of each droplet evaporates, cooling the air that is flowing through the enclosure”. However, there is no teaching (implicit or otherwise) in the original disclosure that teaches that evaporation of the mist is independent of the temperature of the water received from the water source. In turn, it is unclear that Applicant had possession of the invention as claimed at the time the application was filed.
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.
Claims 1-18 are 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.
The limitation of “…thereby cooled predominantly by evaporation…” (claim 1, line 11, claim 10, line 9) is unclear. After giving the claim its broadest reasonable interpretation, the boundaries of “predominantly” are not clearly defined, and therefore, rendering the claim indefinite. More specifically, paragraph 0051 of Applicant’s original disclosure teaches “After the water droplets are generated by the atomizer, they fall through the enclosure against the flow of air. At least part of each droplet evaporates, cooling the air that is flowing through the enclosure”. However, it is unclear if predominantly refers to 50% of the cooling of the air occurs due to evaporation, or less than 50%, or more than 50% of the air. For examination purposes, as long as there is cooling of the air occurring due to evaporation, it will meet the limitations of the claim.
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) 1, 10 and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (CN 207715240 U, refer to attached translation).
Regarding claim 1, Wang discloses a medialess evaporative cooling system comprising:
an enclosure (7);
an air inlet (refer to fig. 1) that enables air to flow from an exterior of the enclosure to an interior of the enclosure;
an air outlet (including plate 5) that enables air to flow from the interior of the enclosure to the exterior of the enclosure;
an atomizer (refer to mist spraying nozzle 2) positioned within the enclosure, wherein the atomizer is configured to receive water from a water source (3) and generate a mist of the water distributed throughout a substantial volume of the interior of the enclosure; and
wherein air from the air inlet is passed through the substantial volume of the interior of the enclosure containing the mist and thereby cooled predominantly by evaporation of the mist independent of the temperature of the water received from the water source, and the cooled air is provided at the air outlet (refer to pg. 2, par. 10 of the Detailed Description, wherein the volume of the interior 8 of the enclosure is sprayed in the mist direction by the cooling nozzle 2 and the cooling air; driven by the intake air, most of the water mist directly evaporates, increasing the relative humidity of the intake air, and lowering the inlet temperature).
Regarding claim 10, Wang discloses a method for providing evaporative cooling in a medialess evaporative cooling system, the method comprising:
providing an evaporative cooler enclosure (7);
drawing air into the enclosure through an air inlet (refer to fig. 1);
providing water to an atomizer (refer to mist spraying nozzle 2) positioned within the enclosure, wherein the atomizer is configured to receive water from a water source (3) and generate a mist of the water distributed throughout a substantial volume of the interior of the enclosure;
circulating the air through the substantial volume of the interior of the enclosure containing the mist, wherein the air is cooled predominantly by evaporation of the mist independent of the temperature of the water received from the water source (refer to pg. 2, par. 10 of the Detailed Description, wherein the volume of the interior 8 of the enclosure is sprayed in the mist direction by the cooling nozzle 2 and the cooling air; driven by the intake air, most of the water mist directly evaporates, increasing the relative humidity of the intake air, and lowering the inlet temperature); and
providing the cooled air from the enclosure through an air outlet (including plate 5).
Regarding claim 17, Wang meets the claim limitations as disclosed above in the rejection of claim 1. Further, Wang discloses wherein the cooled air is substantially free of liquid water droplets (due to evaporation of the water droplets and dewatering plate 5).
Regarding claim 18, Wang meets the claim limitations as disclosed above in the rejection of claim 10. Further, Wang discloses wherein the cooled air is substantially free of liquid water droplets (due to evaporation of the water droplets and dewatering plate 5).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2-3 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 207715240 U) in view of Hueber (US 5,147,425).
Regarding claim 2, Wang meets the claim limitations as disclosed above in the rejection of claim 1. Further, Wang discloses the atomizer, but fails to explicitly disclose wherein the atomizer is positioned at a top of the enclosure so that the mist falls through the enclosure, wherein the air inlet is positioned at a bottom of the enclosure, wherein the air outlet is positioned at the top of the enclosure, and wherein the air from the air inlet flows upward through the enclosure to the air outlet.
However, Hueber teaches that it is known in the art of refrigeration, to provide a driving and supply unit for a cooler, comprising an atomizer (31) positioned at a top of an enclosure (refer to fig. 1 below) so that a mist falls through the enclosure, wherein an air inlet is positioned at a bottom of the enclosure (refer to fig. 1 below), wherein an air outlet is positioned at the top of the enclosure (refer to fig. 1 below), and wherein the air from the air inlet flows upward through the enclosure (upwards through deflector plates 38 which deflect the incoming flow of air upwardly) to the air outlet.
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Where one of ordinary skill in the art could have applied the known technique as claimed by known methods, and that in combination, the improvement technique would perform the same function as it did separately and one of ordinary skill would have recognized that the results of the combination were predictable i.e. improve the cooling efficiency of the system. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention, to modify the medialess evaporative cooling system of Wang to have the atomizer positioned at a top of the enclosure so that the mist falls through the enclosure, wherein the air inlet is positioned at a bottom of the enclosure, wherein the air outlet is positioned at the top of the enclosure, and wherein the air from the air inlet flows upward through the enclosure to the air outlet in view of the teachings of Hueber where the known technique could have been combined by known methods with no change in its respective function, and the combination would have yielded predictable results i.e. improve the cooling efficiency of the system.
Regarding claim 3, Wang meets the claim limitations as disclosed above in the rejection of claim 1. Further, Wang discloses the air inlet and the air outlet, but fails to explicitly disclose a fan configured to cause the air to flow at a high speed through the air inlet and the air outlet, the air flowing through the enclosure at a low speed which is less than the high speed.
However, Hueber teaches that it is known in the art of refrigeration, to provide a driving and supply unit for a cooler, comprising a fan (20) configured to cause an air to flow at a high speed through an air inlet and an air outlet (refer to the decrease in area at the inlet and outlet as can be seen from annotated fig. 1 above), the air flowing through an enclosure at a low speed which is less than the high speed (refer to the reduction in area of the inlet and the outlet of the enclosure, as compared to the wider area of an inner portion of the enclosure in between, wherein it is recognized that an increase in cross-sectional area of the enclosure results in the air flowing at a lower speed).
Where one of ordinary skill in the art could have applied the known technique as claimed by known methods, and that in combination, the improvement technique would perform the same function as it did separately and one of ordinary skill would have recognized that the results of the combination were predictable i.e. improve the cooling efficiency of the system. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention, to modify the medialess evaporative cooling system of Wang to have a fan configured to cause the air to flow at a high speed through the air inlet and the air outlet, the air flowing through the enclosure at a low speed which is less than the high speed in view of the teachings of Hueber where the known technique could have been combined by known methods with no change in its respective function, and the combination would have yielded predictable results i.e. improve the cooling efficiency of the system.
Regarding claim 11, Wang meets the claim limitations as disclosed above in the rejection of claim 10. Further, Wang discloses circulating the air through the enclosure comprises forcing air through the air inlet and the air outlet (refer to fig. 1), but fails to explicitly disclose wherein circulating the air through the enclosure comprises forcing air through the air inlet and the air outlet at high speed, wherein the air flows through the enclosure at low speed.
However, Hueber teaches that it is known in the art of refrigeration, to provide a driving and supply unit for a cooler, wherein circulating air through an enclosure comprises forcing air through an air inlet and an air outlet at high speed (refer to the decrease in area at the inlet and outlet as can be seen from annotated fig. 1 above), wherein the air flows through the enclosure at low speed (refer to the reduction in area of the inlet and the outlet of the enclosure, as compared to the wider area of an inner portion of the enclosure in between, wherein it is recognized that an increase in cross-sectional area of the enclosure results in the air flowing at a lower speed).
Where one of ordinary skill in the art could have applied the known technique as claimed by known methods, and that in combination, the improvement technique would perform the same function as it did separately and one of ordinary skill would have recognized that the results of the combination were predictable i.e. improve the cooling efficiency of the system. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention, to modify the method for providing evaporative cooling in the medialess evaporative cooling system of Wang by providing circulating the air through the enclosure by forcing air through the air inlet and the air outlet at high speed, wherein the air flows through the enclosure at low speed in view of the teachings of Hueber where the known technique could have been combined by known methods with no change in its respective function, and the combination would have yielded predictable results i.e. improve the cooling efficiency of the system.
Claim(s) 4, 6-9, 12-13 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 207715240 U) in view of Jones (US 5,497,633).
Regarding claim 4, Wang meets the claim limitations as disclosed above in the rejection of claim 1. Further, Wang discloses the air outlet, but fails to explicitly disclose wherein the air outlet is connected to an inflatable structure which is configured to be inflated by the cooled air provided at the air outlet, the inflatable structure having one or more additional air outlets that are configured to distribute the cooled air to one or more corresponding areas external to the enclosure.
However, Jones teaches an evaporative cooling unit (refer to Figs. 3-5), comprising an air outlet (refer to flow divider 48) connected to an inflatable structure (refer to inflatable structure 32’) which is configured to be inflated by cooled air (cooled by sprinkling system 62) provided at the air outlet, the inflatable structure (32’) having one or more additional air outlets (44) that are configured to distribute the cooled air to one or more corresponding areas external to an enclosure (34’), in order to provide a portable indoor and outdoor cooling unit for athletes, fire-fighters, spectators and so on, that uses a non-refrigerated coolant such as plain water or the like to provide an evaporative cooling means, the water being atomized in the air (refer to col. 1, lines 40-44).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Wang such that the air outlet is connected to an inflatable structure which is configured to be inflated by the cooled air provided at the air outlet, the inflatable structure having one or more additional air outlets that are configured to distribute the cooled air to one or more corresponding areas external to the enclosure in view of the teachings by Jones, in order to provide a portable indoor and outdoor cooling unit for athletes, fire-fighters, spectators and so on.
Regarding claim 6, Wang as modified meets the claim limitations as disclosed above in the rejection of claim 4. Further, Wang as modified discloses wherein the inflatable structure comprises an inflatable tent structure (refer to the structure as can be seen from Fig. 8 as taught by Jones), wherein the one or more additional air outlets are provided in an upper part of the tent structure and direct the cooled air onto an area under the tent structure (refer to Fig. 8 as taught by Jones).
Regarding claim 7, Wang as modified meets the claim limitations as disclosed above in the rejection of claim 4. Further, Wang as modified discloses wherein the inflatable structure comprises an inflatable duct having one or more additional air outlets which distribute the cooled air to areas around the inflatable duct (refer to Figs. 6-7 as taught by Jones).
Regarding claim 8, Wang meets the claim limitations as disclosed above in the rejection of claim 1. Further, Wang discloses the enclosure, but fails to explicitly disclose wherein the enclosure has a first portion that is alternately expandable and contractible, wherein when the first portion of the enclosure is contracted, the enclosure occupies a first volume, and when the first portion of the enclosure is expanded, the enclosure occupies a second volume that is greater than the first volume.
However, Jones teaches an evaporative cooling unit (refer to Figs. 1-3), comprising an enclosure having a first portion (refer to inflatable structure 32) that is
alternately expandable and contractible, wherein when the first portion of the enclosure
is contracted, the enclosure occupies a first volume, and when the first portion of the
enclosure is expanded (as in Figs. 1-2), the enclosure occupies a second volume that is
greater than the first volume, in order to provide a portable indoor and outdoor cooling
unit for athletes, fire-fighters, spectators and so on, that uses a non-refrigerated coolant
such as plain water or the like to provide an evaporative cooling means, the water being
atomized in the air (refer to col. 1, lines 40-44).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Wang such that the enclosure has a first portion that is alternately expandable and contractible, wherein when the first portion of the enclosure is contracted, the enclosure occupies a first volume, and when the first portion of the enclosure is expanded, the enclosure occupies a second volume that is greater than the first volume in view of the teachings by Jones, in order to provide a portable indoor and outdoor cooling unit for athletes, fire-fighters, spectators and so on.
Regarding claim 9, Wang as modified meets the claim limitations as disclosed above in the rejection of claim 8. Further, Wang as modified discloses a fan (46 as taught by Jones) which is configured to force air into the enclosure and thereby create a positive pressure differential between the interior of the enclosure and the exterior of the enclosure, thereby expanding the enclosure.
Regarding claim 12, Wang meets the claim limitations as disclosed above in the rejection of claim 10. Further, Wang discloses forcing the air into the enclosure, but fails to explicitly disclose forcing, by a fan positioned at the air inlet, the air into the enclosure and thereby creating a positive pressure differential between the interior of the enclosure and the exterior of the enclosure, thereby expanding the enclosure.
However, Jones teaches an evaporative cooling unit (refer to Figs. 1-3), including
forcing, by a fan (46) positioned at an air inlet (24), the air into an enclosure (32, 34) and
thereby creating a positive pressure differential between the interior of the enclosure
and the exterior of the enclosure, thereby expanding the enclosure, in order to provide a
portable indoor and outdoor cooling unit for athletes, fire-fighters, spectators and so on,
that uses a non-refrigerated coolant such as plain water or the like to provide an
evaporative cooling means, the water being atomized in the air (refer to col. 1, lines 40-
44).
Therefore, it would have been obvious to a person of ordinary skill before the
effective filing date of the claimed invention, to modify Wang by providing forcing, by a fan positioned at the air inlet, the air into the enclosure and thereby creating a positive pressure differential between the interior of the enclosure and the exterior of the enclosure, thereby expanding the enclosure in view of the teachings by Jones, in order to provide a portable indoor and outdoor cooling unit for multiple people.
Regarding claim 13, Wang meets the claim limitations as disclosed above in the rejection of claim 10. Further, Wang discloses the air outlet, but fails to explicitly disclose wherein the air outlet is connected to an inflatable structure, wherein providing the cooled air from the enclosure through the air outlet comprises circulating the cooled air through the inflatable structure to one or more additional air outlets and distributing the cooled air to one or more corresponding areas external to the enclosure through the one or more additional air outlets.
However, Jones teaches an evaporative cooling unit (refer to Figs. 4-5), comprising an air outlet (refer to flow divider 48) connected to an inflatable structure
(refer to inflatable structure 32’), wherein providing cooled air (being cooled by sprinkling system 62) from the enclosure through the air outlet comprises circulating the cooled air through the inflatable structure (32’) to one or more additional air outlets (44) and distributing the cooled air to one or more corresponding areas external to the enclosure through the one or more additional air outlets, in order to provide a portable indoor and outdoor cooling unit for athletes, fire-fighters, spectators and so on, that uses a non-refrigerated coolant such as plain water or the like to provide an evaporative cooling means, the water being atomized in the air (refer to col. 1, lines 40-44).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Wang by providing the air outlet
connected to an inflatable structure, wherein providing the cooled air from the enclosure
through the air outlet comprises circulating the cooled air through the inflatable structure
to one or more additional air outlets and distributing the cooled air to one or more
corresponding areas external to the enclosure through the one or more additional air
outlets in view of the teachings by Jones, in order to provide a portable indoor and
outdoor cooling unit for athletes, fire-fighters, spectators and so on.
Regarding claim 15, Wang as modified meets the claim limitations as
disclosed above in the rejection of claim 13. Further, Wang as modified discloses
wherein the inflatable structure comprises an inflatable tent structure (refer to Fig. 8 as
taught by Jones), wherein the one or more additional air outlets are provided in an
upper part of the tent structure, the cooled air directed onto an area under the tent
structure (refer to Fig. 8 as taught by Jones).
Regarding claim 16, Wang as modified meets the claim limitations as
disclosed above in the rejection of claim 13. Further, Wang as modified discloses
wherein the inflatable structure comprises an inflatable duct (refer to Figs. 6-7 as taught
by Jones) having one or more additional air outlets, the method further comprising
distributing the cooled air through the one or more additional air outlets to areas around
the inflatable duct.
Allowable Subject Matter
Claims 5 and 14 are objected to as being dependent upon 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.
Response to Arguments
Applicant’s arguments, see pp.6-9, filed on 10/06/2025, with respect to claims 1-18 have been fully considered and are persuasive. The rejection of claims 1-18 has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly amended claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANA M VAZQUEZ whose telephone number is (571)272-0611. The examiner can normally be reached M-F 7-4.
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/ANA M VAZQUEZ/Examiner, Art Unit 3763