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 .
Claim Rejections - 35 USC § 112(b)
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 36–42 and 44–55 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.
Claim 36 recites:
36. An atmospheric water generator system comprising…
wherein an adsorption section of the desiccant unit is in fluidic communication with atmospheric air, and a desorption section of the desiccant unit is sealed from atmospheric air and is in fluidic communication with the condenser unit. Emphasis added.
Claim 36 is indefinite because it is unclear if the second recitation of “atmospheric air” refers to the first recitation of “atmospheric air.” To overcome this rejection, claim 36 could be amended to read:
36. An atmospheric water generator system comprising…
wherein an adsorption section of the desiccant unit is in fluidic communication with atmospheric air, and a desorption section of the desiccant unit is sealed from the atmospheric air and is in fluidic communication with the condenser unit.
Claims 37–42 and 44–51 are indefinite because they depend from claim 36.
Claim 40 recites:
40. The system as claimed in claim 36, wherein the desiccant unit comprises at least one actuated element which facilitates establishing and breaking fluidic communication of the desiccant unit with atmospheric air. Emphasis added.
Claim 40 is indefinite because it is unclear if “atmospheric air” refers to the “atmospheric air” of claim 36. To overcome this rejection, claim 40 could be amended to read:
40. The system as claimed in claim 36, wherein the desiccant unit comprises at least one actuated element which facilitates establishing and breaking fluidic communication of the desiccant unit with the atmospheric air.
Claim 52 recites:
52. A method of generating water from air using solar energy, the method comprising…
receiving, by a desiccant unit, the heat from the thermal storage unit or the solar heat unit, where an adsorption section of the desiccant unit in fluidic communication with atmospheric air comprises a desiccant material which undergoes an adsorption mode to adsorb air from the atmosphere and a desorption section of the desiccant unit sealed from atmospheric air undergoes a desorption mode to recover water vapor from humidity in adsorbed air…Emphasis added.
Claim 52 is indefinite because it is unclear if the second recitation of “atmospheric air” refers to the first recitation of “atmospheric air.”
Claim 52 is also indefinite because it is unclear if “adsorbed air” refers to the “adsorb air” that is adsorbed in the adsorption mode.
To overcome these rejections, claim 52 could be amended to read:
52. A method of generating water from air using solar energy, the method comprising…
receiving, by a desiccant unit, the heat from the thermal storage unit or the solar heat unit, where an adsorption section of the desiccant unit in fluidic communication with atmospheric air comprises a desiccant material which undergoes an adsorption mode to adsorb air from the atmosphere and a desorption section of the desiccant unit sealed from the atmospheric air undergoes a desorption mode to recover water vapor from humidity in the adsorbed air…
Claims 53–55 are indefinite because they depend from claim 52.
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, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 36–38, 40–42, 44, 45, 47, and 49 are rejected under 35 U.S.C. 103 as being unpatentable over Parker et al., US 8,828,128 B1 in view of either Borodulin et al., US 4,552,125 or Clemens, US 4,306,544.
Regarding claims 36 and 42, Parker teaches a system 100 that removes water vapor from air with the water vapor being condensed to generate water. See Parker Fig. 3, col. 3, ll. 56–67, col. 5, ll. 16–23. The system 100 reads on the “atmospheric water generator system.” The system 100 comprises:
A heating means 110 that can be an indirect heat source, such as hot water or solar. See Parker Fig. 3, col. 4, 6–11. The heating means 110 reads on the “solar heat unit configured to receive solar radiation during solar hours and convert the received solar radiation into heat,” as explained in more detail below.
A desiccant wheel unit 120 (the “desiccant unit”) comprising a “desiccant material” (the material of the wheel unit 120 that acts as a desiccant). See Parker Fig. 3, col. 3, ll. 56–67.
The desiccant wheel unit 120 is configured to receive heat from the heating means 110. Id.
The desiccant wheel 120 is configured to undergo an “adsorption mode” where a freshly regenerated section of the wheel unit 120 adsorbs moisture from first air stream 101. Id. at col. 5, ll. 24–45.
Th desiccant wheel unit 120 is also configured to undergo a “desorption mode” to recover water vapor from the desiccant material where air stream 102 passes through a portion of the desiccant wheel unit 120 to dry that section of the wheel unit 120. Id. at col. 5, ll. 12–14.
A cooling means 130 (the “condenser unit”) configured to receive and facilitate condensation of water vapor and generate moisture via condensation (“fresh water”), as claimed. See Parker col. 5, ll. 16–18.
The heating means 110 is in “fluidic communication” with the desiccant wheel unit 120, as claimed, because hot water from the heating means 110 heats the desiccant wheel unit 120. See Parker col. 4, ll. 6–11.1
The desiccant wheel unit 120 has:
A process section (the “adsorption section of the desiccant unit”) that is in fluidic communication with first air stream 101 (“atmospheric air”) via bypass passageway 170, as claimed. See Parker col. 4, ll. 58–64, col. 5, ll. 24–45. The process section is for performing the adsorption mode (claim 42).
A regeneration section (the “desorption section of the desiccant unit”) that is in fluid communication with second air stream 102 via cyclic passageway 180. See Parker col. 4, ll. 40–64. The regeneration section is “sealed from” the first air stream 101, as claimed, because cyclic passageway 180 is separated from bypass passageway 170 by a partition so that the first and second air streams 101, 102 do not mix before entering the wheel unit 120. Id. at col. 4, ll. 60–64. The regeneration section is for performing the desorption mode (claim 42).
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Parker differs from claim 36 because, while it teaches that the heating means 110 can be an indirect heat source, such as a hot water or solar, it is silent as to the heating means 110 comprising a solar heating unit configured to receive solar radiation during solar hours and convert the received solar radiation into heat, with a thermal storage unit configured to receive the heat from the solar heat unit during solar hours and store the received heat.
But Borodulin teaches a solar water heater comprising solar heat collectors 38, 38a configured to receive solar radiation to convert the solar radiation into heat that is used to heat water, and a container 82 that is used to receive and store the heated water so that it can be used at a later time. See Borodulin Fig. 2, col. 2, ll. 38–51, col. 4, ll. 15–36. The solar water heater of Borodulin is beneficial because it is simple to use and simple to manufacture. Id. at col. 1, ll. 41–45.
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It would have been obvious to use the solar water heat of Borodulin as the heating means 110 of Parker to provide a source of hot water that is simple to use.
With this modification, the solar collectors 38, 38a of Borodulin reads on the “solar heat unit configured to receive solar radiation during solar hours and convert the received solar radiation to heat.” See Borodulin Fig. 2, col. 2, ll. 38–51. The container 82 for storing hot water reads on the “thermal storage unit configured to receive the heat from the solar heat unit during solar hours and store the received heat.”
Alternatively, Clemens teaches a solar water heater comprising a solar panel 16 configured to receive solar radiation during solar hours and convert the received solar radiation into heat, and a water tank 10 configured to receive the heated water from the solar panel 16 during solar hours to store the received heat. See Clemens Fig. 2, col. 2, ll. 20–35. The solar water heater is beneficial because it has relatively low cost. Id. at col. 1, ll. 51–52.
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It would have been obvious to use the solar water heater of Clemens as the heating means 110 of Parker to provide a source of hot water for relatively low cost.
With this modification, the solar panel 16 reads on the “solar heat unit configured to receive solar radiation during solar hours and convert the received solar radiation to heat.” The tank 10 reads on the “thermal storage unit thermal storage unit configured to receive the heat from the solar heat unit during solar hours and store the received heat.”
Regarding claim 37, Parker in view of Borodulin or Clemens teaches that the container 82 of Borodulin and tank 10 of Clemens are sized such that it is capable of storing heat for durations ranging from minutes to hours and is capable of providing heat to the desiccant wheel unit 120 of Parker during solar hours and non-solar hours for facilitating water generation, because the container 82 and tank 10 are each tanks that are configured to hold heated water. See Borodulin col. 4, ll. 22–25; Clemens Fig. 2, col. 2, ll. 20–35.
Regarding claim 38, Parker as modified is interpreted such that the source of coolant to the cooling means 130 in addition to the container 82 of Borodulin or the water tank 10 of Clemens reads on the “thermal storage unit.” The “thermal storage unit” comprises a “hot storage unit,” which is the container 82 of Borodulin for storing hot water or the water tank 10 of Clemens for receiving heated water.” The “cold storage unit” is the source of coolant to the cooling means 130.
Regarding claim 40, Parker teaches that the desiccant wheel unit 120 comprises a mechanism for rotating the wheel (the “at least one actuated element”) so that the a portion of the wheel unit 120 is established in fluidic communication with the first air stream 101 (the “atmospheric air”) and so that the portion of the wheel unit 120 is broken from fluidic communication with the first air stream 101. See Parker col. 4, ll. 35–53.
Regarding claim 41, Parker teaches that the system 100 comprises an air supplier 150 (the “at least one fan”) for facilitating forced convection across the desiccant material of the desiccant wheel unit 120. See Parker Fig. 3, col. 4, ll. 18–25.
Regarding claim 44, Parker teaches that the desiccant wheel unit 120 is configured to facilitate a simultaneous operation of the adsorption mode and the desorption mode in a continuous manner because the desiccant wheel 120 rotates so that a portion of the desiccant material is used for adsorption while a portion of the wheel 120 is regenerated. See Parker col. 5, ll. 24–58.
Regarding claim 45, Parker teaches that the desiccant wheel unit 120 is capable of undergoing the adsorption mode and the desorption mode in a periodic manner, making the system 100 generate water batch-wise, because the wheel 120 could be rotated periodically with the air supplier 150 being turned on and off to supply air to the system 100 in a periodic manner. See MPEP 2114 (functional claim language that is not limited to a specific structure covers all devices that are capable of performing the recited function).
Regarding claim 47, Borodulin teaches that the solar collectors 38, 38a (the “solar heat unit”) comprises flat plate solar collectors. See Borodulin Fig. 2, col. 3, ll. 26–30. Also, Clemens teaches that the solar panel 16 (the “solar heat unit”) comprises a flat plate solar collector. See Clemens Fig. 2, col. 2, ll. 36–44. While the reference is silent as to multiple flat plate solar collectors, it would have been obvious to include an additional solar panel 16 to increase water heating capacity, with this merely representing mere duplication of parts. See MPEP 2144.04, subsection VI, B.
Regarding claim 49, Parker in view of Borodulin or Clemens teaches that the system comprises water as a heat transfer fluid used to collect heat from solar radiation in the “solar heat unit” which is stored in the container 82 of Borodulin or the tank 10 of Clemens (the “thermal storage unit”), wherein the heat transfer fluid transfers the heat to the desiccant material in the desiccant wheel unit 120. See Parker col. 4, ll. 6–17.
Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over Parker et al., US 8,828,128 B1 in view of either Borodulin et al., US 4,552,125 or Clemens, US 4,306,544, and in further view of West, US 2019/0242098 A1.
Regarding claim 39, Parker as modified teaches the limitations of claim 36, as explained above.
Parker as modified differs from claim 39 because it is silent as to the full structure of the cooling means 130 (the “condenser unit”). Therefore, the reference fails to provide enough information to teach the cooling means 130 is provided with fins to provide heat transfer area for transferring heat from the trapped air with water vapor to atmospheric air, wherein the cooling means 130 is actively or passively cooled.
But West teaches system for recovering water from air comprising an evaporator coil 3 used to condenser the air, and a condenser 1 for transferring heat to atmospheric air (when the condenser 1 is air cooled). See West Fig. 1, [0012], [0015]. The condenser 1 is provided with fins and tubes and external fins that transfer heat to the atmospheric air. Id. The system of West is actively cooled because refrigerant is circulated from the condenser 1 to the evaporator coil 3. Id.
It would have been obvious to use the system for recovering water from air as taught in West as the cooling means 130 of Parker because Parker requires a condenser structure used to remove water from air, and the system for recovering water from air as taught in West performs this function.
Claim 46 is rejected under 35 U.S.C. 103 as being unpatentable over Parker et al., US 8,828,128 B1 in view of either Borodulin et al., US 4,552,125 or Clemens, US 4,306,544, and in further view of Goldsworthy et al., US 2017/0115016 A1.
Regarding claim 46, Parker teaches that the desiccant material of the desiccant wheel unit 120 is a solid substance, such as silica gel, configured to adsorb atmospheric water vapor, as claimed. See Parker col. 6, l. 64–col, 7, l. 6.
Parker differs from claim 46 because it is silent as to the desiccant material of the desiccant wheel unit 120 being a material selected from the claimed group.
But Goldsworthy teaches a desiccant wheel that can use a material such as silica gel or zeolite. See Goldsworthy [0060].
It would have been obvious for the desiccant material of Parker to be zeolite because this would merely represent the selection of a known material based on the suitability of its intended use. See MPEP 2144.07.
Claim 48 is rejected under 35 U.S.C. 103 as being unpatentable over Parker et al., US 8,828,128 B1 in view of Clemens, US 4,306,544.
Regarding claim 48, Clemens teaches that the “solar heat unit” comprises a reflective sheet 5A. See Clemens Fig. 2, col. 2, ll. 13–19.
Claims 50 and 52–54 are rejected under 35 U.S.C. 103 as being unpatentable over Parker et al., US 8,828,128 B1 in view of Borodulin et al., US 4,552,125.
Regarding claim 50, Borodulin teaches a shut-off valve 85 that would be able to establish a break fluidic communication between the solar collectors 38, the container 82 of Borodulin, the desiccant wheel unit 120 and the cooling unit 130 of Parker. See Borodulin Fig. 2, col. 4, ll. 15–20. The shut-off valve 85 reads on the “one or more valves.”
Regarding claim 52, Parker teaches a method of using system 100 to generate water from air using solar energy. See Parker Fig. 3, col. 3, ll. 56–67, col. 4, ll. 6–17, col. 5, ll. 16–23. The method reads on the claimed “method of generating water from air using solar energy.” The method comprises:
Receiving, by desiccant wheel unit 120 (the “desiccant unit”), heat from heating means 110, where a process section of the desiccant wheel unit 120 (the “adsorption section of the desiccant unit”) is in fluidic communication with first air stream 101 (“atmospheric air”) via bypass passageway 170, and where the process section comprises a desiccant material which undergoes an “adsorption mode” to adsorb air from the atmosphere. See Parker Fig. 3, col. 4, ll. 58–64, col. 5, ll. 24–45. Also, a regeneration section of the desiccant wheel unit 120 (that is in fluid communication with second air stream 102 via cyclic passageway 180) (the “desorption section of the desiccant unit”) is sealed from the first air stream (by a partition so that the first and second air streams 101, 102 do not mix before entering the wheel unit 120) undergoes a “desorption mode” to recover water vapor from humidity in the adsorbed air. Id. at Fig. 3, col. 4, ll. 40–64.
Receiving by cooling means 130 (the “condenser unit”), the water vapor and facilitating condensation of water vapor to remove moisture by condensation (“generating fresh water”). See Parker Fig. 3, col. 5, ll. 16–19.
Facilitating “fluidic communication” between the heating means 110 (the “solar heat unit,” as explained in more detail below) and the desiccant wheel unit 120, because hot water from the heating means 110 heats the desiccant wheel unit 120. See Parker col. 4, ll. 6–11.2
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Parker differs from claim 52 because, while it teaches that the heating means 110 can be an indirect heat source, such as a hot water or solar, it is silent as to the method comprising receiving, by a solar heat unit, a solar radiation during solar hours and converting the received solar radiation into heat and receiving, by a thermal storage unit, the heat from the solar heat unit during solar hours and storing the received heat.
But Borodulin teaches a solar water heater comprising solar heat collectors 38, 38a configured to receive solar radiation to convert the solar radiation into heat that is used to heat water, and a container 82 that is used to receive and store the heated water so that it can be used at a later time. See Borodulin Fig. 2, col. 2, ll. 38–51, col. 4, ll. 15–36. The solar water heater of Borodulin is beneficial because it is simple to use and simple to manufacture. Id. at col. 1, ll. 41–45.
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It would have been obvious to use the solar water heater of Borodulin as the heating means 110 of Parker to provide a source of hot water that is simple to use.
With this modification, the step of receiving heat by the solar collectors 38, 38a of Borodulin reads on the claimed step of “receiving, by a solar heating unit, a solar radiation during solar hours and converting the received solar radiation into heat.”
The step of receiving heated water from the collectors 38, 38a into the container 82 of Borodulin reads on the claimed step of “receiving, by a thermal storage unit, the heat from the solar heat unit during solar hours and storing the received heat.”
Regarding claim 53, Parker as modified teaches that in the step of storing the received heat by the thermal storage unit, the method comprises facilitating incorporation of the container 82 of Borodulin (the “hot storage unit”) and the source of coolant to the cooling means 130 of Parker (the “cold storage unit”). The method comprises facilitating a provision to store heat in the container 82 for a period of time (as the container 82 is for holding heated water). While the prior art combination is silent as to the method comprising storing hot water in the container 82 for durations ranging from minutes to hours, the container 82 of Borodulin is a tank that holds heated water from a solar collectors 38, 38a, and it would have been obvious for the container 82 to hold the hot water on the order of minutes or hours (as opposed to days or months) as the water will cool off over a period of time. Also, while the prior art combination is silent as to the method comprising facilitating water generation in the non-solar hours, the container 82 holds heated water from the solar collectors 38, 38a so that the hot water can be used by heating means 110 of Parker to heat the desiccant wheel unit 120 to drive water off of the desiccant. It would have been obvious for the solar heated water from the container 82 to be sent to the heating means 110 during non-solar hours so that water can be driven off even when the sun is not shining.
Regarding claim 54, Parker teaches that the method comprises facilitating the desiccant unit to perform simultaneous operation of the adsorption mode and the desorption mode in the desiccant unit in a continuous manner, as claimed. See Parker col. 5, ll. 4–32.
Claim 51 is rejected under 35 U.S.C. 103 as being unpatentable over Parker et al., US 8,828,128 B1 in view of either Borodulin et al., US 4,552,125 or Clemens, US 4,306,544, and in further view of Ackerman, US 2018/0362365 A1.
Regarding claim 51, Parker as modified teaches the limitations of claim 36, as explained above.
Parker differs from claim 51 because it is silent as to the system comprising a solar photovoltaic cells and battery storage to supply electricity to the system.
But Ackerman teaches a water harvester comprising a photovoltaic device and battery storage to supply electricity to the system. See Ackerman [0021]. It would have been obvious for the system of Parker as modified to utilize the photovoltaic device and battery of Ackerman to supply power to the system to power, for instance, the air supplier 150 of Parker. It also would have been obvious for the system of Parker as modified to comprise multiple photovoltaic devices (i.e., “photovoltaic cells”) in order to increase electrical production, with this merely representing duplication of parts. See MPEP 2144.04, subsection VI, B.
Claim 55 is rejected under 35 U.S.C. 103 as being unpatentable over Parker et al., US 8,828,128 B1 in view of Borodulin et al., US 4,552,125 and in further view of Ackerman, US 2018/0362365 A1.
Regarding claim 55, Parker as modified teaches the limitations of claim 52, as explained above.
Parker as modified differs from claim 55 it is silent as to the method comprising facilitating electricity using a plurality of a solar photovoltaic cells and battery storage.
But Ackerman teaches a water harvester comprising a photovoltaic device and battery storage to supply electricity to the system. See Ackerman [0021]. It would have been obvious for the system of Tsymerman as modified to utilize the photovoltaic device and battery of Ackerman to supply power to the system to power, for instance, air supplier 150. It also would have been obvious for the system of Parker as modified to comprise multiple photovoltaic devices (i.e., “photovoltaic cells”) in order to increase electrical production, with this merely representing duplication of parts. See MPEP 2144.04, subsection VI, B.
Response to Arguments
35 U.S.C. 112(b) Rejections
The Examiner withdraws the previous 35 U.S.C. 112(b) rejection of claim 42 in light of the amendments.
35 U.S.C. 103 Rejections
Applicant’s arguments with respect to the pending claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to T. BENNETT MCKENZIE whose telephone number is (571)270-5327. The examiner can normally be reached Mon-Thurs 7:30AM-6:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached at 571-270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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T. BENNETT MCKENZIE
Primary Examiner
Art Unit 1776
/T. BENNETT MCKENZIE/Primary Examiner, Art Unit 1776
1 This interpretation of “fluidic communication” is reasonable in light of the specification because the disclosure says that solar heat unit 110 and desiccant unit 130 are in fluidic communication with each other via heat transfer fluid 111. See Spec. p. 16, ll. 7–9.
2 This interpretation of “fluidic communication” is reasonable in light of the specification because the disclosure says that solar heat unit 110 and desiccant unit 130 are in fluidic communication with each other via heat transfer fluid 111. See Spec. p. 16, ll. 7–9.
Prosecution Insights