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 § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 1-5, 7, and 10 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Frolov et al. US 2010/0314238 A1 published 16 Dec. 2010 and filed 30 Apr. 2010 (hereafter Frolov) and further in view of Vinz US 2002/0166758 A1 (hereafter Vinz) and Bros US 5,378,267 (hereafter Bros).
Regarding claim 1, Frolov teaches a method for condensing a vapor using a multi-stage bubble-column vapor mixture condenser (Fig 21, ¶52 “When the unit 2100 is operated as a condenser”), the method comprising:
using the multi-stage bubble-column vapor mixture condenser comprising at least a first stage (2101), a second stage (2102), and a third stage (2103), wherein each stage includes:
(a) a carrier-gas inlet (2121, 2122, 2123) and a carrier-gas outlet (2131, 2132, 2133);
(b) a condensing bath (2101, 2102, 2013), wherein the carrier-gas inlet is positioned and configured to bubble carrier gas from the carrier-gas inlet up through the condensing bath, overcoming a hydrostatic head of the condensing bath (¶51-52); and
(c) a volume of carrier gas above the condensing bath (shown in Fig 21 between fluid inlets 2141, 2142, 2143 and the top of the chambers), wherein the carrier-gas outlet is positioned with an opening (openings shown in Fig 21 allowing gas to pass from each lower bath to the next bath above) for carrier-gas extraction from the volume of carrier gas above the condensing bath,
wherein the volume of carrier gas above the first-stage condensing bath isolates the first-stage condensing bath from the second-stage condensing bath, and wherein the volume of carrier gas above the second-stage condensing bath isolates the second-stage condensing bath from the third-stage condensing bath (as shown in Fig 21);
flowing carrier gas (i) into and through the carrier-gas inlet of the first stage, then (ii) into and through the condensing bath in the first stage, then (iii) into and through the volume of carrier gas above the condensing bath in the first stage (as shown in Fig 21); then
flowing the carrier gas directly from the volume of carrier gas above the condensing bath in the first stage (i) into and through the sieve plate of the second stage, then (ii) into and through the condensing bath in the second stage, then (iii) into and through the volume of carrier gas above the condensing bath in the second stage (as shown in Fig 21); then
flowing the carrier gas directly from the volume of carrier gas above the condensing bath in the second stage (i) into and through the sieve plate of the third stage, then (ii) into and through the condensing bath in the third stage, then (iii) into and through the volume of carrier gas above the condensing bath in the third stage (as shown in Fig 21).
Frolov does not teach:
wherein the carrier-gas inlet of each of the second stage and the third stage is in the form of a sieve plate;
wherein the condensing bath in the first stage is at a temperature of 60° C to 90° C;
flowing carrier gas at a temperature above 60° C and up to 93° C into and through the carrier-gas inlet of the first stage;
wherein the temperature of the carrier gas flowing into and through the condensing bath in the first stage is greater than the temperature of the condensing bath in the first stage;
wherein the temperature of the condensing bath in the second stage is at least 5° C cooler than the temperature of the condensing bath in the first stage;
wherein the temperature of the condensing bath in the third stage is at least 5° C cooler than the temperature of the condensing bath in the second stage,
injecting additional carrier gas through an intermediate-exchange inlet into the volume of carrier gas above the condensing bath in at least one of the first and second stages to control the heat and mass profile of the carrier gas flowing through the stages of the multi-stage bubble-column vapor mixture condenser and to thereby maintain the temperature differentials between the condensing baths in the first, second, and third stages.
Bros teaches a bubble column condenser where the carrier-gas inlet of each of stage is in the form of a sieve plate in order to generate suitable bubbles and provide a flat uniform water depth (col 2 lines 37-47).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the carrier-gas inlets (2122, 2123) of the Frolov Fig 21 embodiment by incorporating the sieve plate (col 2 lines 37-47) of Govindan in order to generate suitable bubbles and provide a flat uniform water depth (col 2 lines 37-47).
Frolov teaches the composition of the bubbles is determined primarily for the water temperature (¶49).
MPEP 2144.05 II states that where variable is known to affect a result, a prima facie case of obviousness exists to optimize the variable. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the condensing bath temperature in the first stage, such as to a temperature of 60C to 90C, as a matter of obvious optimization of the bubble composition (¶49).
Frolov teaches the carrier gas is heated air in the first stage inlet (¶64) and where the vapor carrying capability of air increases with temperature (¶23).
MPEP 2144.05 II states that where variable is known to affect a result, a prima facie case of obviousness exists to optimize the variable. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the carrier gas temperature into the first stage, such as to a temperature of above 60C and up to 93C, as a matter of obvious optimization of the vapor carrying capability (¶23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the carrier gas temperature into the first stage and the temperature of the condensing bath first stage, such as to where the carrier gas temperature is greater than the condensing bath temperature, as a matter of obvious optimization of the vapor carrying capability (¶23), bubble composition (¶49), and mass/heat transfer (¶23).
Frolov teaches when the unit 2100 is operated as a condenser, the water temperature is gradually increasing going from the top to the bottom and the moisture content of the air flow is decreasing as it goes up from the bottom to the top (¶52) and where the temperature difference between the stages affects the mass and heat transfer (¶48).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the temperature difference of the first and second stage baths as well as the temperature difference of the second and third second stage baths, such as to where the upper baths are at least 5C cooler, as a matter of obvious optimization of the vapor carrying capability (¶23), bubble composition (¶49), and mass/heat transfer (¶48).
Vinz teaches a condenser/evaporator system (Fig 1) comprising at first, second, and third condenser stages (see stages of condenser 2) where gas bubbles consecutively upward through the stages and wherein the first stage (stage receiving flow 6.01) condenser chamber further includes an intermediate-exchange inlet (inlet from flow 6.01), the second stage (stage receiving flow 6.02) condenser chamber further includes an intermediate-exchange inlet (inlet from flow 6.02), the third stage (stage receiving flow 6.03) condenser chamber further includes an intermediate-exchange inlet (inlet from flow 6.03). Vinz teaches injecting additional carrier gas through an intermediate-exchange inlet into the volume of carrier gas above the condensing bath in at least one of the first and second stages to control the heat and mass profile of the carrier gas flowing through the stages of the multi-stage bubble-column vapor mixture condenser and to thereby maintain the temperature differentials between the condensing baths in the first, second, and third stages (¶6, ¶28).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the condenser of Frolov (Fig 21) by incorporating the injecting of Vinz in order to provide heat exchange (¶6, ¶28).
Regarding claim 2, Frolov in view of Bros and Vinz teach all the limitations of claim 1. Frolov further teaches wherein the carrier gas includes a vaporizable component (water in a desalination process, ¶2, ¶52) in vapor phase, and wherein the condensing baths of the first and second stages include the vaporizable component in liquid phase respectively in the condenser chambers of the first, second, and third stages (¶52).
Regarding claim 3, Frolov in view of Bros and Vinz teach all the limitations of claim 2. Frolov further teaches wherein the carrier gas in the second stage has a concentration of the vaporizable component that is lower than a concentration of the vaporizable component in the carrier gas in the first stage, and wherein the carrier gas in the third stage has a concentration of the vaporizable component that is lower than the concentration of the vaporizable component in the carrier gas in the second stage (¶52).
Regarding claim 4, Frolov in view of Bros and Vinz teach all the limitations of claim 2. Frolov further teaches wherein the vaporizable component is water (¶52).
Regarding claim 5, Frolov in view of Bros and Vinz teach all the limitations of claim 1. Frolov further teaches where the condensing bath height is from 2cm to 2m and the diameter is from 1cm to 1m (¶62), thus teaches an aspect ratio range from 0.02 (with a height of 2cm and a diameter of 1m) to 200 (with a height of 2m and a diameter of 1 cm).
MPEP §2144.05 I states that where prior art and claimed ranges overlap, a prima facie case of obviousness exist to choose the overlapping portions of the ranges. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the condenser of Frolov (Fig 21) by choosing the overlapping portions of the aspect ranges of 0.02 to less than 0.5 as a prima facie case of obviousness.
Regarding claim 7, Frolov in view of Bros and Vinz teach all the limitations of claim 1.
Frolov does not teach flowing the carrier gas through a humidifier defining a humidifier chamber in which the carrier gas is humidified before the carrier gas flows into the carrier-gas inlet of the first stage, wherein the humidifier includes an intermediate exchange outlet; and flowing the additional carrier gas out of the humidifier chamber through the intermediate exchange outlet and then into the intermediate exchange inlet of the at least one of the first and second stages to control the heat and mass profile of carrier gas flowing through the stages of the of the multi-stage bubble-column vapor mixture condenser.
Vinz teaches flowing the carrier gas through a humidifier (1) defining a humidifier chamber (11.01) in which the carrier gas is humidified before the carrier gas flows into the carrier-gas inlet (6.01) of the first stage, wherein the humidifier includes an intermediate exchange outlet (outlet of 6.01); and flowing the additional carrier gas (6.01 through 6.15) out of the humidifier chamber through the intermediate exchange outlet and then into the intermediate exchange inlet of the at least one of the first and second stages to control the heat and mass profile of carrier gas flowing through the stages of the of the multi-stage bubble-column vapor mixture condenser (¶6, ¶28).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the condenser of Frolov (Fig 21) by incorporating the flowing of Vinz in order to provide heat exchange (¶6, ¶28).
Regarding claim 10, Frolov in view of Govindan and Vinz teach all the limitations of claim 1. Frolov further teaches where the method can have any number of subunits (¶52), such that the multi-stage bubble-column vapor mixture condenser further comprises:
a fourth stage and a fifth stage (stages 2104 and 2105 not shown in Fig 21 equivalent to 2101, 2102, and 2103), wherein each of these stages includes:
(a) a carrier-gas inlet (2124, 2125 not shown in Fig 21) and a carrier-gas outlet (2124, 2125 not shown in Fig 21);
(b) a condensing bath (2104, 2105 not shown in Fig 21), wherein the carrier-gas inlet is positioned and configured to bubble carrier gas from the carrier-gas inlet up through the condensing bath, overcoming a hydrostatic head of the condensing bath (¶51-52); and
(c) a volume of carrier gas above the condensing bath (not shown in Fig 21 between fluid inlets 2144, 2145 and the top of the chambers), wherein the carrier-gas outlet is positioned with an opening (openings allowing gas to pass from each lower bath to the next bath above) for carrier-gas extraction from the volume of carrier gas above the condensing bath,
wherein the volume of carrier gas above the third-stage condensing bath isolates the third-stage condensing bath from the fourth-stage condensing bath, and wherein the volume of carrier gas above the fourth-stage condensing bath isolates the fourth-stage condensing bath from the fifth-stage condensing bath (as shown in Fig 21);
the method further comprising:
flowing the carrier gas directly from the volume of carrier gas above the condensing bath in the third stage (i) into and through the sieve plate of the fourth stage, then (ii) into and through the condensing bath in the fourth stage, then (iii) into and through the volume of carrier gas above the condensing bath in the fourth stage (as shown in Fig 21);
flowing the carrier gas directly from the volume of carrier gas above the condensing bath in the fourth stage (i) into and through the sieve plate of the fifth stage, then (ii) into and through the condensing bath in the fifth stage, then (iii) into and through the volume of carrier gas above the condensing bath in the fifth stage (as shown in Fig 21).
Frolov does not teach:
wherein the carrier-gas inlet of each of the third stage and the fourth stage is in the form of a sieve plate;
wherein the condensing bath in the fourth stage is at a temperature of 43° C to 65° C;
wherein the temperature of the condensing bath in the fourth stage is at least 5° C cooler than the temperature of the condensing bath in the third stage;
wherein the temperature of the condensing bath in the fifth stage is at least 5° C cooler than the temperature of the condensing bath in the fourth stage;
injecting additional carrier gas through an intermediate-exchange inlet into the volume of carrier gas above the condensing bath in at least one of the third, fourth, and fifth stages to control the heat and mass profile of the carrier gas flowing through the stages of the multi-stage bubble-column vapor mixture condenser and to thereby maintain the temperature differentials between the condensing baths in the third, fourth, and fifth stages.
Bros teaches a bubble column condenser where the carrier-gas inlet of each of stage is in the form of a sieve plate in order to generate suitable bubbles and provide a flat uniform water depth (col 2 lines 37-47).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the carrier-gas inlets (2122, 2123) of the Frolov Fig 21 embodiment by incorporating the sieve plate (col 2 lines 37-47) of Govindan in order to generate suitable bubbles and provide a flat uniform water depth (col 2 lines 37-47).
Frolov teaches the composition of the bubbles is determined primarily for the water temperature (¶49).
MPEP 2144.05 II states that where variable is known to affect a result, a prima facie case of obviousness exists to optimize the variable. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the condensing bath temperature in the fourth stage, such as to a temperature of 43C to 65C, as a matter of obvious optimization of the bubble composition (¶49).
Frolov teaches when the unit 2100 is operated as a condenser, the water temperature is gradually increasing going from the top to the bottom and the moisture content of the air flow is decreasing as it goes up from the bottom to the top (¶52) and where the temperature difference between the stages affects the mass and heat transfer (¶48).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the temperature difference of the third and fourth stage baths as well as the temperature difference of the fourth and fifth stage baths, such as to where the upper baths are at least 5C cooler, as a matter of obvious optimization of the vapor carrying capability (¶23), bubble composition (¶49), and mass/heat transfer (¶48).
Vinz teaches a condenser/evaporator system (Fig 1) comprising at first, second, and third condenser stages (see stages of condenser 2) where gas bubbles consecutively upward through the stages and wherein the first stage (stage receiving flow 6.01) condenser chamber further includes an intermediate-exchange inlet (inlet from flow 6.01), the second stage (stage receiving flow 6.02) condenser chamber further includes an intermediate-exchange inlet (inlet from flow 6.02), the third stage (stage receiving flow 6.03) condenser chamber further includes an intermediate-exchange inlet (inlet from flow 6.03), the fourth stage (stage receiving flow 6.04) condenser chamber further includes an intermediate-exchange inlet (inlet from flow 6.04), the fifth stage (stage receiving flow 6.05) condenser chamber further includes an intermediate-exchange inlet (inlet from flow 6.05).
. Vinz teaches injecting additional carrier gas through an intermediate-exchange inlet into the volume of carrier gas above the condensing bath in at least one of the first and second stages to control the heat and mass profile of the carrier gas flowing through the stages of the multi-stage bubble-column vapor mixture condenser and to thereby maintain the temperature differentials between the condensing baths in the first, second, third, fourth, and fifth stages (¶6, ¶28).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the condenser of Frolov (Fig 21) by incorporating the injecting of Vinz in order to provide heat exchange (¶6, ¶28).
Allowable Subject Matter
Claims 6 and 8-9 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.
Regarding claim 6, the closest prior art is US 2010/0314238. The prior art teaches a method for multistage bubble collumn vapor mixture condensation (Fig 21). The prior art does not teach where the temperature difference is no greater than 1% kelvin from top to bottom. The modification would not have been obvious because the prior art does not teach the natural convection/loop which would produce the temperature difference step. No prior art, alone or in combination, teaches all the limitations of claim 6.
Regarding claim 8, the closest prior art is Frolov, Bros, and Vinz. The prior art does not teach flowing the carrier gas from the volume of carrier gas above the condensing bath in the third stage back into the humidifier. No prior art, alone or in combination, teaches all the limitations of claim 8.
Regarding claim 9, the closest prior art is Frolov, Bros, and Vinz. Vinz teaches flowing coolant through a conduit from the bottom to the top of the condenser. The prior art does not teach flowing coolant through a conduit extending through the condenser chamber of each stage of the bubble-column vapor mixture condenser in counter-flow to carrier-gas flow through the bubble-column vapor mixture condenser, wherein the coolant has a temperature in each stage that is less than the temperature of the condensing bath in that stage, and wherein the coolant recovers energy from condensation in each stage. No prior art, alone or in combination, teaches all the limitations of claim 9.
Response to Arguments
The following is a response to Applicant’s arguments filed 21 Aug. 2025:
Applicant acknowledges the indicated allowable subject matter.
Applicant argues that Frolov does not make obvious a temperature difference of at least 5°C.
Examiner disagrees. Frolov teaches a temperature difference between the stages (¶52), where water temperature increases going from the top to the bottom. Frolov further teaches where the temperature difference between the stages affects the mass and heat transfer (¶48).
One of ordinary skill would have known that the temperature difference between each stage would be a function of the inlet water temperature, the water flow rate, the inlet air temperature, and the air flow rate. Thus, it would have been obvious to one of ordinary skill to modify any or all of the inlet water temperature, the water flow rate, the inlet air temperature, and the air flow rate to achieve the desired temperature difference between the stages. Further, Frolov teaches where an increase in the temperature difference between the stages (Tin−Tout, ¶48) increases the mass transfer (hout-hin, ¶48). Thus, one of ordinary skill would have found it obvious to achieve a 5 degree temperature difference to obtain a high mass transfer.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/STEPHEN HOBSON/Examiner, Art Unit 1776