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 .
This is a first action on the merits of the application. Claims 1-24 are pending.
Specification
The disclosure is objected to because of the following informalities:
[0009], [0025]: Each instance of “concreates” appears to be a misspelling of “concretes.”
[0010], [0019], [0024]: Each instance of “union” appears to be a misspelling of “unit.”
Appropriate correction is required.
Claim Objections
Claims 1-2, 8, 10, 14, and 20 are objected to because of the following informalities:
Claim 1: In line 5, “consists of” appears to be a misspelling of “consisting of.” See claim 3 (“the group consisting of”).
Claims 2 and 14: “concreates” appears to be a typographical error for “concretes.”
Claim 8: Applicant is respectfully advised to amend “wherein the hygroscopic solution is the solution of a hygroscopic salt selected from” to “wherein the hygroscopic solution is a solution of a hygroscopic salt selected from” since there is no clear antecedent for “the solution.”
Claim 10: Applicant is respectfully advised to amend “wherein the hygroscopic solution is the solution of an ionic liquid selected from” to “wherein the hygroscopic solution is a solution of an ionic liquid selected from” since there is no clear antecedent for “the solution.”
Claim 20: Applicant is respectfully advised to amend “wherein the hygroscopic solution is the solution of a hygroscopic salt selected from” to “wherein the hygroscopic solution is a solution of a hygroscopic salt selected from” since there is no clear antecedent for “the solution.”
Appropriate correction is required.
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.
Claims 1-24 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 1: The claim recites, “a hygroscopic solution disposed between a space formed between the inner container and the water vapor permeable membrane.” It is unclear what two entities the first “between” correspond to, i.e., the hygroscopic solution must be disposed between the space and something else, which is unrecited. For the purposes of examination only and in view of the disclosure (Fig. 1C), this text will be interpreted as “a hygroscopic solution disposed in a space formed between the inner container and the water vapor permeable membrane.”
The claim recites, “high-storage-density media.” The term “high-storage-density” is a relative term which renders the claim indefinite. The term “high-storage-density” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The claim recites, “a hygroscopic solution container consists of, an inner container made of a conduction material for receiving the TES unit therein; a water vapor permeable membrane disposed outside and around the inner container, and a hygroscopic solution disposed between a space formed between the inner container and the water vapor permeable membrane.” Assuming that “consists of” is a typographical error for “consisting of” (see objection above), the transitional phrase “consisting of,” when the phrase appears in a clause of the body of a claim, carries an exceptionally strong presumption that a claim term set off by this phrase is closed to unrecited elements. See MPEP 2111.03(II). Therefore, the hygroscopic solution container must be interpreted as including only the inner container, the water vapor permeable membrane, and the hygroscopic solution disposed between the inner container and the water vapor permeable membrane. However, the disclosure makes clear that the hygroscopic solution is a liquid (claim 10: “the hygroscopic solution is the solution of an ionic liquid”; [0027]: “The term ‘hygroscopic solution’ as used herein refers to a solution of a hygroscopic salt or an ionic liquid”) which has absorbed water which must be liquid prior to heating (claim 1: “atmospheric water vapor, which is released by the heat . . . the atmospheric water vapor released from the hygroscopic solution is condensed into the water”). It is therefore unclear what is meant by “a hygroscopic solution disposed [in] a space formed between the inner container and the water vapor permeable membrane” since it is not clear how a liquid solution can remain disposed in the claimed space so that it can be heated (claim 1: “which is released by the heat stored within the TES unit when the TES unit is received in the inner container”) without the inclusion of an unrecited element or elements to maintain the liquid solution in the claimed space.
Claims 2-24 are rejected because of their dependence from claim 1.
Claim 13: The claim recites, “the atmospheric water vapor absorbed by the hygroscopic salt solution” (line 4) and “the water” (line 6). There is insufficient antecedent basis for these limitations. It is noted that claim 1 recites, “for converting atmospheric water,” “capable of absorbing the atmospheric water vapor,” and “wherein . . . the atmospheric water vapor . . . is condensed into the water,” but these recitations do not provide sufficient antecedent bases for these limitations since that are descriptions of the configuration of the power-to-water batter of claim 1 or its intended purpose (e.g., “for converting”; “capable of”) rather than positive recitations of substances acted upon or created by the method.
Claims 14-24 are rejected because of their dependence from claim 13.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
A thorough search for pertinent prior art did not locate any prior art that discloses or suggests the invention recited in claims 1-24. The concept of a power-to-water battery for converting atmospheric water vapor into water comprising:
a thermal energy storage (TES) unit made of high-storage-density media for storing heat;
a hygroscopic solution container consisting of,
an inner container made of a conduction material for receiving the TES unit therein;
a water vapor permeable membrane disposed outside and around the inner container, and
a hygroscopic solution disposed between a space formed between the inner container and the water vapor permeable membrane; and a
condenser disposed downstream and coupled to the hygroscopic solution container;
wherein,
the hygroscopic solution is capable of absorbing the atmospheric water vapor, which is released by the heat stored within the TES unit when the TES unit is received in the inner container; and
the atmospheric water vapor released from the hygroscopic solution is condensed into the water by the condenser (claim 1)
is considered to define patentable subject matter over the prior art.
The closest prior art is Johnson (US 2020/0316518 A1), which discloses an ambient water condenser system 1 (Fig. 1; [0017]) comprising:
a heat collection surface or collector 16 ([0018]) (i.e., a thermal energy storage (TES) unit);
a fluid reservoir 2 for a hygroscopic solution 8 (i.e., a hygroscopic solution container; a hygroscopic solution capable of absorbing the atmospheric water vapor) with an upper porous hydrophobic membrane 6 ([0019]) through which water vapor evaporates ([0021]) (i.e., a water vapor permeable membrane);
a heat transfer member 17 extending into the reservoir ([0018]) (i.e., a conduction material); and
a condensation chamber 10 for condensing water vapor leaving reservoir 2 ([0021]) (i.e., wherein the atmospheric water vapor released from the hygroscopic solution is condensed into the water by the condenser).
However, Johnson does not suggest an inner container capable of receiving a thermal energy storage unit, or a container that has a water vapor permeable membrane disposed around it, or a space between an inner container and a membrane in which hygroscopic solution can be disposed.
Claims 1-24 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL E GITMAN whose telephone number is (571)272-7934. The examiner can normally be reached M-Th 7:15-5:45pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, In Suk Bullock can be reached at 571-272-3471. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GABRIEL E GITMAN/Primary Examiner, Art Unit 1772