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
This is the initial Office action based on the 18292700 application filed 01/26/24
The Amendment filed 01/26/24 has been entered and fully considered
Claim(s) 18,19,20,21,22,23,24,25,26,27,28,29,30,31,32,33,34 are pending, the new claim(s) 18,19,20,21,22,23,24,25,26,27,28,29, is supported by the originally filed disclosure; claim(s) 30,31,32,33,34 were non-elected
Election/Restrictions
Applicant's election with traverse of Invention I in the reply filed on 06/16/2026 is acknowledged. The traversal is on the ground(s) that that examination of both claimed invention together would not present a serous burden on the U.S. Patent and Trademark Office, and technical feature. This is not found persuasive because the groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features.
Groups I and II lack unity of invention because even though the inventions of these groups require the technical feature of:
generating atmospheric water, water adsorption beds, air, condenser, water collection compartment,
this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of US 2021/0156124 A1 (herein known as Yaghi).
Yaghi sufficiently teaches Atmospheric moisture harvester (atmospheric water generator), comprising, especially at abstract, para 6
an air processing compartment comprising a first heating member 240, a water adsorption/desorption compartment 210/220 comprising a plurality of water adsorption beds configured to receive an air flow (see arrow), especially at abstract, fig 2, para 67-70
a condensation compartment 230 comprising a condenser, especially at abstract, fig 2, para 67-70
a water collection "tank" (compartment), especially at abstract, fig 2, para 67-70,84
a controlling unit comprising a controller and a plurality of sensors configured to sense "saturation level" (climate conditions), especially at abstract, fig 2, para 67-70,84,90
a power generation and storage unit 250 capable of provide the air processing compartment, the water adsorption/desorption compartment, the condensation compartment, the water collection compartment, and the controlling unit with a required electrical energy to operate, especially at abstract, fig 2,para 10,67-70,83,84,90
wherein the first heating member in the air processing compartment is configured to heat the air flow passing through the water adsorption/desorption compartment, and, especially at abstract, fig 2,para 10,67-70,83,84,90
wherein the climate conditions comprise ambient air temperature and humidity, especially at abstract, fig 2,para 10,12,67-70,83,84,90
With regard to applicants allegation that joinder of these distinct inventions would not present a serious burden to the U. S. Patent and Trademark Office, such allegations relied on the unsupported assumption that the search and the examination of both the invention would be coextensive. Further, while there may be some overlap in the searches of the two inventions, there is not reason to believe that the searches would be identical. Therefore, based on the additional work involved in searching and examining both distinct inventions together, restriction of the distinct inventions is clearly proper.
The requirement is still deemed proper and is therefore made FINAL.
Claim(s) 30,31,32,33,34 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Objections
Claim 29 objected to because of the following informalities: "claims 18" is improperly plural. Appropriate correction is required.
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)(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.
Claim(s) 18, 20, 21, 29 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by 2021/0156124 (herein known as Yaghi124)
With regard to claim 18, Yaghi124 sufficiently teaches Atmospheric moisture harvester (atmospheric water generator), comprising, especially at abstract, para 6
an air processing compartment comprising a first heating member 240, a water adsorption/desorption compartment 210/220 comprising a plurality of water adsorption beds configured to receive an air flow (see arrow), especially at abstract, fig 2,para 67-70
a condensation compartment 230 comprising a condenser, especially at abstract, fig 2,para 67-70
a water collection "tank" (compartment), especially at abstract, fig 2,para 67-70,84
a controlling unit comprising a controller and a plurality of sensors configured to sense "saturation level" (climate conditions), especially at abstract, fig 2,para 67-70,84,90
a power generation and storage unit 250 capable of provide the air processing compartment, the water adsorption/desorption compartment, the condensation compartment, the water collection compartment, and the controlling unit with a required electrical energy to operate, especially at abstract,fig 2,para 10,67-70,83,84,90
wherein the first heating member in the air processing compartment is configured to heat the air flow passing through the water adsorption/desorption compartment, and, especially at abstract,fig 2,para 10,67-70,83,84,90
wherein the climate conditions comprise ambient air temperature and humidity, especially at abstract,fig 2,para 10,12,67-70,83,84,90; 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))
With regard to claim 20, Yaghi124 sufficiently teaches
wherein the plurality of water adsorption beds is configured to comprise "MOF" (a water adsorbing material), especially at abstract,fig 2,para 10,12,67-70,83,84,90
With regard to claim 21, Yaghi124 sufficiently teaches
wherein the water adsorbing material comprises a metal-organic framework, especially at abstract,fig 2,para 10,12,67-70,83,84,90
With regard to claim 29, Yaghi124 sufficiently teaches
wherein the controller is configured to control the operation of the first heating member, especially at abstract,fig 2,para 10,12,67-70,83,84,90,93
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) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over 2021/0156124 (herein known as Yaghi124)
With regard to claim 22, Yaghi124 sufficiently teaches
wherein the water adsorption/desorption compartment is lined with a heating member "positioned externally" but heats the unit (i.e. compartment is lined with a second heating) capable of transfer heat energy to the plurality of adsorbent beds during a water desorption stage, especially at abstract,fig 2,para 10,12,67-70,83,84,90,93
thereby second heating member is controlled by the controller, especially at wherein the heating member is controlled by the controller, especially at abstract,fig 2,para 10,12,67-70,83,84,90,93;
does not specifically teach wherein the second heating member is controlled by the controller.
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 duplicate the heating member is controlled by the controller Yaghi124 thereby second heating member is controlled by the controller of Yaghi124 for the benefit of turn on the heating with saturation level is reached, especially at para 84; 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)
Claim(s) 19, 24, 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0156124 (herein known as Yaghi124) in view of US 2004/0244398 (herein known as Radermacher)
With regard to claim 19, Yaghi124 sufficiently teaches
a fan 212/222 capable of generating the air flow, especially at abstract,fig 2,para 10,12,67-70,83,84,90; 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))
Yaghi124 does not specifically teach an air filter configured to remove microorganisms and other solid particulates suspended in the air flow,
But, Radermacher sufficiently teaches an air filter 904 capable of remove non-specific microorganisms (taken as including mold spores) and other non-specific solid particulates suspended in the air flow, especially at para 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))
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 Yaghi124 with an air filter 904 capable of remove non-specific microorganisms (taken as including mold spores) and other non-specific solid particulates suspended in the air flow of Radermacher for the benefit of cleanliness
Yaghi124 sufficiently teaches wherein the fan is controlled by the controller, especially at abstract,fig 2,para 10,12,67-70,83,84,90
With regard to claim 24, Yaghi124 sufficiently teaches
a compression refrigeration unit capable of cool down the condenser, especially at abstract,fig 2,para 10,12,67-70,83,84,90; 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)); does not specifically teach the vapor-compression refrigeration unit is controlled by the controller
But, Radermacher sufficiently teaches vapor-compression refrigeration unit is controlled by the controller, especially at figure 1; paragraphs ([0029]-[0030], [0032], [0051], [0052])
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 Yaghi124 with vapor-compression refrigeration unit is controlled by the controller of Radermacher a water generator that utilizes a well-known refrigeration process to produce condensed atmospheric moisture from dry, low temperature environments into liquid water of high purity as sufficiently taught by Radermacher, especially at paragraphs [0010], [0029], [0032])
With regard to claim 25, Yaghi124 does not specifically teach wherein the vapor-compression refrigeration unit comprises a temperature controller, an outdoor heat exchanging unit, and a compressor using a refrigerant to create a temperature gradient between an inside space of the condensation compartment and the outdoor heat exchanging unit
Radermacher sufficiently teaches a temperature controller, a heat exchanging unit (capable of being located outdoor), and a compressor using a refrigerant to create a temperature gradient between a space (capable of being located inside) of the condensation compartment and the heat exchanging unit, especially at figures 1,5; paragraphs ([0029]-[0030], [0032], [0051], [0052]); as addendum to the previous obvious combination rationale
Claim(s) 23, 26, 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0156124 (herein known as Yaghi124) in view of WO 2010/058171 A2 (herein known as Hobbs)
With regard to claim 23, Yaghi124 does not specifically teach a funnel configured to collect condensed water droplets under the condenser
But, Hobbs sufficiently teaches a funnel configured to collect condensed water droplets under the condenser, especially at pg 6
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 Yaghi124 with a funnel configured to collect condensed water droplets under the condenser of Hobbs for the benefit of concentrating a liquid dispersion into a focused space
With regard to claim 26, Yaghi124 does not specifically teach a water filtration and mineralization unit capable of purify condensed water droplets and add within scope of non-specific required minerals, wherein the water filtration and mineralization unit is controlled by the controller
But, Hobbs sufficiently teaches a water filtration and mineralization unit capable of purify condensed water droplets and add within scope of non-specific required minerals , especially at pg 5,7
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 Yaghi124 with a water filtration and mineralization unit capable of purify condensed water droplets and add within scope of non-specific required minerals of Hobbs for providing an atmospheric water generator that treats the condensed water to provide a purified, potable product (Hobbs; page 2, first and third paragraphs)
wherein the water filtration and mineralization unit is within the scope of a non-specific control by the controller, notably they are of the same system, wherein the controller does control the system (as previously discussed), in combination.
With regard to claim 27, Yaghi124 does not specifically teach carbon
Hobbs sufficiently teaches carbon filter, especially at pg 8, as an addendum, to the previous combination carbon filter
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0156124 (herein known as Yaghi124) in view of US 2020/0361965 (herein known as Yaghi965)
With regard to claim 28, Yaghi124 does not specifically teach with insulation material
But, Yaghi965 sufficiently teaches with insulation material, especially at fig 47A,47B, para 13,14, [0007]-[0013], [0136], [0145]
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 the water adsorption/desorption compartment and the condensation compartment Yaghi124 with insulation material of Yaghi965, which utilizes insulation to avoid unfavorable conductive heat transfer, as taught especially at Yaghi '965; paragraph [0145]
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 1773
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