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 .
Status
This Office Action is in response to the remarks and amendments filed 02/12/2026. The objections to the drawings have been withdrawn in light of the amendments filed. The objections to the abstract have been withdrawn in light of the amendments filed. A portion of the objections to the specification have been withdrawn in light of the amendments filed. The 35 U.S.C. 112(b) rejections have been withdrawn in light of the amendments filed. Claims 1-20 remain pending for consideration on the merits.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/16/2024 and 12/22/2023 was filed on or after the mailing date of the 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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
the term “working distribution pocket” is not found in the specification (see claim 13). The general term “pocket” is only present in ¶ 0057-0063 of the specification. While the terms “conditioning distribution pocket” and “working distribution pocket” are not explicitly in the specification, the recitation specifies that pockets 209, 211, 309 and 311 are supplied with conditioning fluid, provided via channels 208A, 210A, 308A and 310A. Whereas the working fluid supply is only described using apertures 206 and 306, not related to the pockets. Accordingly, the term “working distribution pocket” is not explicitly or implicitly present in the specification, as the only disclosed “pockets” are described as flowing conditioning fluid.
Claim Objections
Claim 4 objected to because of the following informalities:
In the amendments, the recitation “…fluid is distributed to a and directed to the conditioning return…”, appears to contain a typographical error; the claim is interpreted as – fluid is distributed and directed to the conditioning return line – for the purposes of examination. Appropriate correction is required.
Claim 20 objected to because of the following informalities:
In the amendments, the recitation “…providing the conditioning fluid from the conditioning channels to first wicking material at extends longitudinally…”, appears to contain a typographical error; “at” is interpreted as – that – for the purposes of examination. 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.
Claims 17-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Eplee (US 20190242595 A1).
Regarding Claim 17, Eplee teaches a mass transfer apparatus [Fig. 15], comprising:
a first plate [1615] and a second plate [1615] opposite the first plate [¶ 0204; a plurality of plates form alternating passages 1613, 1614], wherein a surface of the first plate defines a side of a conditioning channel [1613 or 1648] [¶ 0204; portions of plates 1615 may be spaced apart to provides a series of alternating passages 1613 and 1614];
a first header [1632] coupled to the first plate and the second plate [See Figs. 15b-15g], wherein the first header comprises a first entry aperture [1622], a first exit aperture [1623], and a first passageway [1648], wherein the first passageway is adapted to receive a first fluid from the first entry aperture and provide the first fluid to the first exit aperture [¶ 0205; liquid may flow from 1622 to 1623 via 1648]; and
a second header [1634] coupled to the first plate and the second plate [See Figs. 15b-15g], wherein the second header comprises a second entry aperture [1624], a second exit aperture [1625], and a second passageway [1650], wherein the second passageway is adapted to receive a second fluid from the second entry aperture and provide the second fluid to the second exit aperture [¶ 0205; liquid may flow from 1624 to 1625 via 1650], wherein the conditioning channel comprises a first fluid wick [1630] that extends longitudinally along at least a portion of the side of the conditioning channels and receives the first fluid from the first header at an upper portion [¶ 0209; liquid flows through channel 1648 into a plurality of feed holes 1652 to be received by porous member 1630, wherein member 1630 may be in direct contact with the inside membrane surfaces of passage 1613; also see Fig. 15c showing the wicking members at the upper portion].
Regarding Claim 18, Eplee teaches the mass transfer apparatus of claim 17 above and Eplee teaches wherein the first plate and the second plate form the conditioning channel [¶ 0204-0205; Fig. 15a; intermittently sealed plate edges 1620 of plates 1615, arranged in a successively stacked configuration, create a series of alternating passages 1613, 1614].
Regarding Claim 19, Eplee teaches the mass transfer apparatus of claim 18 above and Eplee teaches comprising a third plate [1615; ¶ 0204; formed from a plurality of plates, wherein the second plate and the third plate form an exhaust channel [¶ 0204-0205; Fig. 15a; intermittently sealed plate edges 1620 of plates 1615, arranged in a successively stacked configuration, create a series of alternating passages 1613, 1614].
Regarding Claim 20, Eplee teaches a method to distribute fluids within a mass transfer apparatus [Fig. 15], comprising:
receiving a conditioning fluid [1626] within a conditioning supply line [1624] [¶ 0205];
providing the conditioning fluid from the conditioning supply line to conditioning channels [1613 or 1648] [¶ 0205-0207, 0216; liquid in header 1632 may flow from 1622 to 1623 via 1648, and disperse towards a plurality of alternating passages via 1630] of a stack defining alternating conditioning channels [1613 or 1648] and exhaust channels [1614 or 1650] [¶ 0204-0205; Fig. 15a; intermittently sealed plate edges 1620 of plates 1615, arranged in a successively stacked configuration, create a series of alternating passages 1613, 1614;
receiving a working fluid [1628] within a working supply line [1622] [¶ 0205];
providing the working fluid from the working supply line to the exhaust channels [¶ 0205-0207, 0216; liquid in header 1634 may flow from 1624 to 1625 via 1650, and disperse towards a plurality of alternating passages via 1630];
providing the conditioning fluid from the conditioning channels to first wicking material [1630] at extends longitudinally along at least a portion of the side of one of the conditioning channels, wherein the first wicking material receives the first fluid from the first header at an upper portion [¶ 0209; liquid flows through channel 1648 into a plurality of feed holes 1652 to be received by porous member 1630, wherein member 1630 may be in direct contact with the inside membrane surfaces of passage 1613; also see Fig. 15c showing the wicking members at the upper portion];
collecting at least portions of the conditioning fluid from the from the first wicking material within a conditioning return line [1616] [¶ 0219-0220, 0241];
providing the working fluid from the exhaust channels to second wicking material [1630] [¶ 0209; liquid flows through channel 1650 into a plurality of feed holes 1652 to be received by porous member 1630]; and
collecting at least portions of the working fluid from the second wicking material within a working return line [1618] [¶ 0219-0220, 0241].
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.
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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Eplee, and further in view of an alternative embodiment of Eplee (Fig. 8).
Regarding Claim 1, Eplee teaches a mass transfer apparatus [Figs. 15a-15l], comprising:
a stack [1600] comprising a plurality of plates [1615] [¶ 0204];
the stack defining alternating conditioning channels and exhaust channels [¶ 0204-0205; Fig. 15a; intermittently sealed plate edges 1620, arranged in a successively stacked configuration, create a series of alternating passages 1613, 1614]; and
a fluid distribution system [at least the paths comprising first liquid 1626 and second liquid 1628] adapted to distribute a conditioning fluid to the conditioning channels and a working fluid to the exhaust channels [¶ 0206; first and second liquids may be adapted to be any type of liquid known for providing indirect evaporative cooling, direct evaporative cooling, liquid desiccant dehumidification, carbon dioxide scrubbing, VOC scrubbing, hot water desiccant regeneration, indirect steam liquid desiccant regeneration, etc.], the fluid distribution system comprising:
a conditioning supply line [1624] defined in part by a first hole in an upper portion of each of the plurality of plates [¶ 0205; Figs. 15c-d, 15g; apparent from inspection],
a working supply line [1622] defined in part by a second hole in the upper portion of each of the plurality of plates [¶ 0205; Figs. 15c-d, 15g; apparent from inspection],
the conditioning supply line adapted for supplying the conditioning fluid to the conditioning channels and the working supply line adapted for supplying the working fluid to the exhaust channels [Fig. 15; ¶ 0213-0214; first fluid 1626 is configured to contact the first air stream 1680; second fluid 1628 is configured to contact the second air stream 1681],
a conditioning return line [1616] passing through a first hole in a lower portion of each of the plurality of plates and adapted for collecting the conditioning fluid [¶ 0219-0220; liquid drain conduit 1616 collects the first liquid flowing from the first passage 1613], and
a working return line [1618] in the lower portion of each of the plurality of plates [Fig 15] and adapted for collecting the working fluid [¶ 0219-0220; liquid drain conduit 1618 collects the second liquid flowing from the second passage 1614], wherein the fluid distribution system is adapted to prevent mixing of the conditioning fluid and the working fluid [¶ 0205-0206; the first and second liquids flow via their own respective inlets, paths, and outlets], wherein at least one plate of the plurality of plates defines a side of a conditioning channel of the alternating conditioning channels [¶ 0204-0205; Fig. 15a; intermittently sealed plate edges 1620, arranged in a successively stacked configuration, create a series of alternating passages 1613, 1614], wherein the conditioning channel comprises a conditioning fluid wick [1630; ¶ 0209] that extends longitudinally along at least a portion of the side of the conditioning channels and receives a conditioning fluid at an upper portion [¶ 0209; liquid flows through channel 1648 into a plurality of feed holes 1652 to be received by porous member 1630, wherein member 1630 may be in direct contact with the inside membrane surfaces of passage 1613; also see Fig. 15c showing the wicking members at the upper portion].
While Eplee discloses that reservoir-type drain conduits are a well-known configuration in the art [¶ 0220], the embodiment of Fig. 15 does not explicitly disclose the working return line [1618] passing through a second hole in the lower portion of each of the plurality of plates.
However, an alternative embodiment of Eplee [Fig. 8] further teaches wherein a plurality of air handling modules [812] comprise a water supply pipe [853] and a liquid desiccant supply pipe [851] disposed through upper portions of the modules, as well as a liquid desiccant drain pipe [855] and a water drain pipe [859] passing through holes in the lower portions of the plurality of units, wherein the sealed drain pipes provide a means of facilitating entry, distribution, and discharge of liquid throughout the system [Fig. 8; ¶ 0095-0097]. One of ordinary skill in the art could have combined the second hole as claimed by known methods and that in combination, the second hole would perform the same function as it did separately, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. the sealed drain pipes provide a means of facilitating entry, distribution, and discharge of liquid throughout the system, and pursuing any known means with an expectation of success is within the technical grasp of one of ordinary skill in the art [Fig. 8; ¶ 0095-0097].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Eplee to have a working return line passing through a second hole in the lower portion of each of the plurality of plates, in view of the teachings of an alternative embodiment of Eplee [Fig. 8], where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. the sealed drain pipes provide a means of facilitating entry, distribution, and discharge of liquid throughout the system, and pursuing any known means with an expectation of success is within the technical grasp of one of ordinary skill in the art.
Regarding Claim 2, Eplee, as modified, teaches the mass transfer apparatus of claim 1 above and Eplee teaches wherein the conditioning fluid is liquid desiccant and the working fluid comprises water [¶ 0206; first and second liquids may be adapted to be any type of liquid known for providing indirect evaporative cooling, direct evaporative cooling, liquid desiccant dehumidification, carbon dioxide scrubbing, VOC scrubbing, hot water desiccant regeneration, indirect steam liquid desiccant regeneration, etc.].
Regarding Claim 3, Eplee, as modified, teaches the mass transfer apparatus of claim 1 above and Eplee teaches
wherein the conditioning fluid is distributed longitudinally along the at least one plate [¶ 0207-0209; Fig. 15g; liquid desiccant is provided to the plurality of porous member 1630 along the longitudinal channel 1650] and the conditioning fluid is directed into the conditioning return line [1616] [¶ 0219-0220, 0241; module 1600 may comprise a liquid collection system for collecting first liquid 1626 and second liquid 1628 flowing out of the passages 1613 and 1614].
Also see Alternative rejection below.
Claims 3-16 are rejected under 35 U.S.C. 103 as being unpatentable over the embodiments of Eplee as applied to claim 1 above, and further in view of Allen et al. (US 20190353358 A1).
Regarding Claim 3, Eplee, as modified, teaches the mass transfer apparatus of claim 1 above and Eplee teaches
wherein the conditioning fluid is distributed longitudinally along the at least one plate [¶ 0207-0209; Fig. 15g; liquid desiccant is provided to the plurality of porous member 1630 along the longitudinal channel 1650] and the conditioning fluid is directed into the conditioning return line [1616] [¶ 0219-0220, 0241; module 1600 may comprise a liquid collection system for collecting first liquid 1626 and second liquid 1628 flowing out of the passages 1613 and 1614].
While Eplee generally teaches the above limitations under its broadest reasonable interpretation, an alternative combination with Allen may provide further clarity regarding the collection system of the conditioning and working fluid to be returned via the conditioning and working return lines, to more accurately align with the invention’s disclosure.
Allen teaches a heat exchanger for liquid desiccant air conditioning systems [Figs. 4-5] comprising a plurality of plates [406] and a mesh material [408] configured to connect and form a heat transfer fluid channel between said plates [¶ 0026-0029]. Allen further discloses a plurality of ports [420, 422, 424, 426] configured to transfer flow liquid desiccant and heat transfer fluid [¶ 0042-0044], as well as an open space [412] formed at the bottom of the system, perpendicular to the port directions, and configured to help distribute and collect liquid desiccant flowing through the panel assembly [¶ 0036]. Allen further discloses that the use of manifolds at the ports provides better flow restriction, thus better enabling panel-to panel desiccant and heat transfer fluid flow distribution within the assembly [¶ 0062]. One of ordinary skill in the art could have applied a known technique to a known device (i.e. providing collection gutters and manifolds to direct fluid towards a return line in a heat exchanger) and that in combination, the technique would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. the use of manifolds at the ports provides better flow restriction, thus better enabling panel-to panel desiccant and heat transfer fluid flow distribution within the assembly, thus improving the system [¶ 0062].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Eplee to provide fluid to a conditioning return line more closely aligned with the disclosure, in view of the teachings of Allen, where applying a known technique to a known device with no change in their respective function would improve the known device in a similar manner and the combination would have yielded predictable results i.e. the use of manifolds at the ports provides better flow restriction, thus better enabling panel-to panel desiccant and heat transfer fluid flow distribution within the assembly, thus improving the system.
Regarding Claim 4, Eplee, as modified, teaches the mass transfer apparatus of claim 3 above and Allen teaches wherein the conditioning fluid is distributed to a and directed to the conditioning return on the same side of the at least one plate [¶ 0040; Fig. 4; apparent from inspection both reservoirs 402 and 410 are on the same side portion of a given plate 406].
Regarding Claim 5, Eplee, as modified, teaches the mass transfer apparatus of claim 3 above and Eplee teaches wherein the conditioning fluid is received from a bottom portion of the conditioning fluid wick [¶ 0206-0210; liquids are dispersed throughout porous members 1630 via the first distribution headers 1632 and 1634 before flowing through the system towards drain conduits 1616 and 1618] [Also see Allen ¶ 0040 and Fig. 4, describing outlet channel 412 in a similar manner].
Regarding Claim 6, Eplee, as modified, teaches the mass transfer apparatus of claim 5 above and Eplee teaches wherein the conditioning fluid is distributed by a conditioning distribution pocket [at least 1652] and the conditioning fluid wick is positioned within the conditioning distribution pocket [¶ 0209; Figs. 15e-15h; porous members 1630 may be inserted into feeder holes 1652].
Regarding Claim 7, Eplee, as modified, teaches the mass transfer apparatus of claim 3 above and Allen teaches wherein the conditioning fluid is distributed and directed to the conditioning return line on opposite sides of the at least one plate [¶ 0036-0040; Figs. 4-5; apparent from inspection that the plurality of stacked sections 412 form a through hole in the assembly, thereby providing the collection reservoir throughout the entire bottom portion of the system on either side of a given plate].
Regarding Claim 8, Eplee, as modified, teaches the mass transfer apparatus of claim 7 above and Allen teaches wherein the conditioning fluid is distributed [via 410] on a side of the at least one plate that is opposite the conditioning channel and provided to at least one conditioning feed opening [436] [alternatively 1652 in Eplee] that passes through the at least one plate to the conditioning channel [¶ 0036-0040; Figs. 4-5; apparent from inspection that the plurality of stacked sections 410 form a through hole in the assembly, thereby providing the distribution reservoir throughout the entire top portion of the system on either side of a given plate, wherein the fluid may flow through the holes 436 to flow between plate sides].
Regarding Claim 9, Eplee, as modified, teaches the mass transfer apparatus of claim 8 above and Eplee teaches wherein the conditioning channel comprises a conditioning fluid wick [1630; ¶ 0209] and an upper portion of the conditioning fluid wick is fed by the at least one conditioning feed opening [at least 1652] [¶ 0209; Figs. 15e-15h; porous members 1630 may be inserted into feeder holes 1652], and the conditioning fluid is received at the conditioning return line from a bottom portion of the conditioning fluid wick [Fig. 15; ¶ 0216-0219; porous members 1630 provide flow of liquids through tortuous passageways 1613 and 1614 to arrive at respective collection systems at a bottom portion of the system].
Regarding Claim 10, Eplee, as modified, teaches the mass transfer apparatus of claim 1 above and Eplee teaches wherein at least one plate of the plurality of plates defines a side of an exhaust channel of the alternating exhaust channels [¶ 0204-0205; Fig. 15a; intermittently sealed plate edges 1620, arranged in a successively stacked configuration, create a series of alternating passages 1613 and 1614, wherein an exhaust air stream 1681 passes through passage 1614], the working fluid is distributed longitudinally along the at least one plate and directed into the working return line [1618] [¶ 0219-0220, 0241; module 1600 may comprise a liquid collection system for collecting first liquid 1626 and second liquid 1628 flowing out of the passages 1613 and 1614].
While Eplee generally teaches the above limitations under its broadest reasonable interpretation, an alternative combination with Allen may provide further clarity regarding the collection system of the conditioning and working fluid to be returned via the conditioning and working return lines, to more accurately align with the invention’s disclosure.
Allen teaches a heat exchanger for liquid desiccant air conditioning systems [Figs. 4-5] comprising a plurality of plates [406] and a mesh material [408] configured to connect and form a heat transfer fluid channel between said plates [¶ 0026-0029]. Allen further discloses a plurality of ports [420, 422, 424, 426] configured to transfer flow liquid desiccant and heat transfer fluid [¶ 0042-0044], as well as an open space [412] formed at the bottom of the system, perpendicular to the port directions, and configured to help distribute and collect liquid desiccant flowing through the panel assembly [¶ 0036]. Allen further discloses that the use of manifolds at the ports provides better flow restriction, thus better enabling panel-to panel desiccant and heat transfer fluid flow distribution within the assembly [¶ 0062]. One of ordinary skill in the art could have applied a known technique to a known device (i.e. providing collection gutters and manifolds to direct fluid towards a return line in a heat exchanger) and that in combination, the technique would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. the use of manifolds at the ports provides better flow restriction, thus better enabling panel-to panel desiccant and heat transfer fluid flow distribution within the assembly, thus improving the system [¶ 0062].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Eplee to provide fluid to a conditioning return line more closely aligned with the disclosure, in view of the teachings of Allen, where applying a known technique to a known device with no change in their respective function would improve the known device in a similar manner and the combination would have yielded predictable results i.e. the use of manifolds at the ports provides better flow restriction, thus better enabling panel-to panel desiccant and heat transfer fluid flow distribution within the assembly, thus improving the system.
Regarding Claim 11, Eplee, as modified, teaches the mass transfer apparatus of claim 10 above and Allen teaches wherein the working fluid is distributed and received on the same side of the at least one plate [¶ 0040; Fig. 4; apparent from inspection both reservoirs 402 and 410 are on the same side portion of a given plate 406].
Regarding Claim 12, Eplee, as modified, teaches the mass transfer apparatus of claim 10 above and Eplee teaches wherein the exhaust channel comprises a working fluid wick [1630; ¶ 0209] that receives the working fluid at an upper portion, and wherein the working return line receives the working fluid from a bottom portion of the working fluid wick [¶ 0206-0210; liquids are dispersed throughout porous members 1630 via the first distribution headers 1632 and 1634 before flowing through the system towards drain conduits 1616 and 1618] [Also see Allen ¶ 0040 and Fig. 4, describing outlet channel 412 in a similar manner].
Regarding Claim 13, Eplee, as modified, teaches the mass transfer apparatus of claim 12 above wherein the working fluid is distributed by a working distribution pocket [at least 1652] and the working fluid wick is positioned within the working distribution pocket [¶ 0209; Figs. 15e-15h; porous members 1630 may be inserted into feeder holes 1652].
Regarding Claim 14, Eplee, as modified, teaches the mass transfer apparatus of claim 10 above and Allen teaches wherein the working fluid is distributed and received on opposite sides of the at least one plate [¶ 0027-0031; 0036-0040; Figs. 4-5; apparent from inspection that the plurality of stacked sections 412 form a through hole in the assembly, thereby providing the collection reservoir throughout the entire bottom portion of the system on either side of a given plate; a plurality of panel assembles comprises both heat transfer fluid channels and liquid desiccant channels].
Regarding Claim 15, Eplee, as modified, teaches the mass transfer apparatus of claim 14 above and Eplee teaches wherein the working fluid is distributed on a side of the at least one plate that is opposite the exhaust channel and provided to at least one working feed opening [1652] that passes through the at least one plate to the exhaust channel [¶ 0205-0209; Figs. 15, 15g; working fluid may flow through at least conduit holes 1672 to dispose working fluid throughout the plurality of plates towards passages 1614, wherein an airstream 1681 flows therethrough].
Regarding Claim 16, Eplee, as modified, teaches the mass transfer apparatus of claim 15 above and Eplee teaches wherein the exhaust channel comprises a working fluid wick [1630] and an upper portion of the working fluid wick is fed by the at least one working feed opening [at least 1652] [¶ 0209; Figs. 15e-15h; porous members 1630 may be inserted into feeder holes 1652], and the working return line receives the working fluid from a bottom portion of the working fluid wick [Fig. 15; ¶ 0216-0219; porous members 1630 provide flow of liquids through tortuous passageways 1613 and 1614 to arrive at respective collection systems at a bottom portion of the system].
Response to Arguments
On pages 9-10 of the remarks, Applicant argues that Eplee does not anticipate claims 17-20 as they are amended. Applicant argues that Eplee does not teach the wicks extending longitudinally on a portion of a side of a conditioning channel, nor that the porous wicks receive fluid from a header at an upper portion. Applicant’s arguments have been considered but are not convincing.
[See Fig. 15g] Eplee explicitly discloses that wicking portions 1630 are disposed along the plates longitudinally such that the distribution header 1632, disposed at the upper portion with the wicks, provides liquid to said wicks through liquid feeder channels 1648 and 1650 [¶ 0209]. The collection of wicks 1630 disposed within feeder holes 1652 along at least channels 1648 and 1650 are considered to be the wicks extending longitudinally, wherein channel 1650 provides said liquid to the plurality of wicking portions. Furthermore, upon inspection of at least Fig. 15a, it is apparent that the wicking portions at the top of the module 1600 are adjacent to the topmost collection of conditioning channels 1613, thus meeting the claim limitation. Eplee further emphasizes that members 1630 may be in direct contact with the inside membrane surfaces of passages 1613 [¶ 0209]. Accordingly, the rejections are maintained.
On pages 10-11 of the remarks, Applicant argues that the amendments to claims 1 and 2 overcome the rejection, as they either incorporate elements of previous claims 3 and 5, not previously taught by Eplee, or for the same reasons already discussed above regarding claims 17-20. Applicant’s arguments have been considered but are not convincing.
Specifically, while portions of claims 3 and 5 were incorporated into claim 1, claims 3 and 5 have canceled portions of subject matter in order to overcome the previous drawing objections. The subject matter canceled in the claims provided the predominant reason to incorporate Allen into the rejection. Therefore, claim 3 has actually been amended in a manner to more closely align with the 103 rejection of Eplee. However, in the interest of compact prosecution, an alternative rejection to claim 3 still incorporating Allen, has been provided to more closely align with the thrust of the invention as a whole, and to maintain consistency, cohesion and readability between Office Actions. Accordingly, the rejections are maintained.
On page 11 of the remarks, Applicant argues that amended claims 3-16 are patentable based on similar reasons as disclosed above regarding the alleged deficiency of teaching a conditioning fluid wick that extends longitudinally along at least a portion of the side of the conditioning channels and receives a conditioning fluid at an upper portion. Applicant’s arguments have been considered but are not persuasive.
[See Fig. 15g] Eplee explicitly discloses that wicking portions 1630 are disposed along the plates longitudinally such that the distribution header 1632, disposed at the upper portion with the wicks, provides liquid to said wicks through liquid feeder channels 1648 and 1650 [¶ 0209]. The collection of wicks 1630 disposed within feeder holes 1652 along at least channels 1648 and 1650 are considered to be the wicks extending longitudinally, wherein channel 1650 provides said liquid to the plurality of wicking portions. Furthermore, upon inspection of at least Fig. 15a, it is apparent that the wicking portions at the top of the module 1600 are adjacent to the topmost collection of conditioning channels 1613, thus meeting the claim limitation. Eplee further emphasizes that members 1630 may be in direct contact with the inside membrane surfaces of passages 1613 [¶ 0209]. Accordingly, the rejections are maintained.
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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/KEITH STANLEY MYERS/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
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