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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: "support structures," in claim 2, and "support elements" in claim 3.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
The “support structures” are sufficiently described in the original disclosure as support elements and brackets, where support structures are struts (see claim 3 and paragraph 60).
The “support elements” are sufficiently described in the specification as cross-pieces and struts (see paragraph 60).
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.
Claim(s) 1, 2 and 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Byrne (US 2021/0254898 A1) and in view of Mockry (US 2004/0080060 A1) and further in view of Meek (US 3363885 A).
In regards to claim 1, Byrne teaches a modular adiabatic cooling apparatus (see figs. 3-16) comprising a lower module (lower module 101, fig. 10) and an upper module (upper module 103, fig. 10) which is provided with a ventilator (fan module 105, 167, figs. 10, 13), wherein each of said modules comprises, pre-installed, a pair of heat exchangers (bottom heat exchangers 109 and top heat exchanges 125, see figs. 8-9) disposed in front of each other in the vertical direction on opposite sides of a housing (heat exchangers 109 and 125 within frames 115 and 137 respectively, see figs. 8-9), and a pair of adiabatic evaporative cooling panels (adiabatic pads 151a, 151b, see fig. 15), each disposed on an external side of a heat exchanger (see adiabatic pads 151a, 151b disposed on external side of each heat exchanger, fig. 15), wherein said modules comprise reciprocal guide frames (frames 133 and 113 respectively, see fig. 10) and top frame of the upper module is fixed to the bottom frame of bottom module (see paragraph 51), the faces of the top and bottom frames contact each other (see fig. 10) and have a non-operating configuration (see paragraph 55 and figs. 7-9 for non-operating configuration, where the modules are separated) in which they are separated from each other (see figs. 7-9), and an operating configuration (see at least fig. 10) in which they are disposed stacked one on top of the other and in which said upper module is located resting on said lower module (see at least fig. 10) in correspondence with respective rest portions (faces of frames 133, 113) and said guide frames (frames 133, 113, 137, 115) are reciprocally engaged (see frames 133, 113 in surface contact with each other, fig. 10 and paragraph 51).
However, Byrne does not explicitly teach parallel arrangement of heat exchangers.
Mockry discloses a cooling apparatus (see figs. 6, 14) comprising a pair of heat exchangers (heat exchangers 10 and evaporative cooling panel 98, see figs. 14, 6 and paragraph 108) disposed in front of each other parallel in the vertical direction on opposite sides of a housing (heat exchangers 10 parallel in vertical direction on opposite sides of housing 58, see fig. 6), and a pair of adiabatic evaporative cooling panels (evaporative cooling media 98 in front of each heat exchanger 10, see fig. 14), each disposed on an external side of a heat exchanger (media 98 in front of heat exchanges 10, see fig. 14).
It would have been obvious for one of skill in the art before the effective filing date of the claimed invention to have modified the heat exchangers of each of the modules of the modular adiabatic cooling apparatus of Byrne by providing a pair of heat exchangers disposed in front of each other parallel in the vertical direction on opposite sides of a housing within each of the module, and a pair of adiabatic evaporative cooling panels, each disposed on an external side of a heat exchanger based on the teachings of Mockry in order to allow the air flow to be perpendicular to the placement of the heat exchangers and to reduce the footprint of the modular cooling apparatus by designing a parallel compact structure of the cooling apparatus.
Byrne also does not explicitly teach coupler for coupling modules.
However, Meek discloses a cooling apparatus (see figs. 1-6) comprising a pair of heat exchangers (modular packing units 52, 15, see figs. 1-6) disposed in front of each other in the vertical direction on opposite sides of a housing (see figs. 5-6 and col. 4, lines 53-73), wherein at least a plurality of upper and lower modules (modular packing units 15 with frames, brackets 62 and support structures, see figs. 1-3) comprise reciprocal guide (stringer section 13 with guide seat 25, support bars 48 and bottom plates 44, see figs. 2-3, and feet 57, figs. 6-7) and coupler (angle iron corners and flanges, see col. 3, lines 4-15, and fig. 3) disposed in correspondence with respective connection faces (at frame 11 and stingers 13 for supporting each of the packing units 15, see figs. 2-3) and have a non-operating configuration (see figs. 6 or 2) in which they are separated from each other (see figs. 6 and 2), and an operating configuration in which they are disposed stacked one on top of the other in which upper module is resting on the lower module with respective rest portions, guide and coupler (see stacked packing units with frames, support base, flanges and structure supporting the upper modules with lower modules below the upper module, fig. 1).
It would have been obvious for one of skill in the art before the effective filing date of the claimed invention to have modified the guide and stacking structure of cooling modules of the modular adiabatic cooling apparatus of Byrne by providing a reciprocal guide and coupler disposed in correspondence with respective connection faces and have a non-operating configuration in which they are separated from each other, and an operating configuration in which they are disposed stacked one on top of the other in which upper module is resting on the lower module with respective rest portions, guide and coupler based on the teachings of Meek in order to provide a sturdy modular adiabatic cooling apparatus which support plurality of heat exchanger modules along with filled/empty water collection trays and provide stability to the structure with joints and couplings to minimize vibrations due to fan movements.
In regards to claim 2, Byrne as modified teaches the limitations of claim 1 and further discloses respective support structures (see below annotated fig. 18) of the modules, which, in said operating configuration, are disposed in alignment one on top of another and the lower and upper surfaces of which define said rest portions (see below annotated figs. 18 and 11).
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In regards to claim 6, Byrne as modified teaches the limitations of claim 1 and further discloses an upper distributor (top water distribution tube 153, see fig. 11) disposed above each upper evaporative cooling panel (see fig. 11), wherein each of said modules already comprises pre-installed respective lower and upper pipes suitable to define at least part of a fluid circuit suitable to supply water at least to said upper distributor (pipes supplying water through upper and lower modules including pipes 161, see figs. 11-12), wherein said pipes, in said operating configuration, are connected by a fluid connection joint (pipes with bends and connection points for nozzles and pumps, which includes variety of bend and header fluid connection joints, see figs. 11-12; table 1; and paragraphs 45-47).
In regards to claim 7, Byrne as modified teaches the limitations of claim 6 and further discloses that between each of the upper evaporative cooling panels and the respective lower evaporative cooling panel therebelow, a distribution panel (nozzle supply tube/header 159 and plurality of nozzles 157 between each upper and lower module, see fig. 12) to distribute the water in a longitudinal direction is positioned (nozzles spraying water in longitudinal direction, see fig. 12 and paragraph. 57).
In regards to claim 8, Byrne as modified teaches the limitations of claim 6 and further discloses a lower distributor disposed above each lower evaporative cooling panel (nozzles 157 along with supply distribution tubes/headers 159, fig. 12), wherein said upper distributor is connected by said fluid circuit to a water source (water supplied from fresh water supply source to water tubes/header 159, see paragraph 57) and said lower distributor is connected to a water collection tank (water collection tray 163) positioned below the respective upper evaporative cooling panel (see fig. 12).
In regards to claim 9, Byrne as modified teaches the limitations of claim 6 and further discloses a lower distributor (supply distribution tubes/headers 159 with nozzles 157 for upper and lower modules, fig. 12) disposed above each lower evaporative cooling panel (see headers 159 and nozzles 157 above evaporative panels 151, figs. 11-12), wherein said upper distributors and said lower distributors are connected to a water source (nozzles 157, distribution tubes/headers 159, and distribution tube 153 receive water supplied from fresh water supply source, see paragraph 57).
In regards to claim 10, Byrne teaches a method for installing a cooling apparatus (see figs. 1-16), including steps for:
transporting, to an installation site, a pre-assembled lower module (see installed lower module 101, fig. 9) that comprises a pair of heat exchangers (bottom heat exchangers 109) disposed in front of each other in the vertical direction on opposite sides of a housing (heat exchangers 109 within frame 115, fig. 9) and a pair of evaporative cooling panels (pair of evaporative adiabatic cooling pads for lower module, see figs. 4-6 and below annotated fig. 5) each disposed on an external side of a heat exchanger (see figs. 6, 11 and below annotated fig. 5);
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transporting, to the installation site, a pre-assembled upper module (103) that comprises a pair of heat exchangers (heat exchangers 125, fig. 8) disposed in front of each other in the vertical direction on opposite sides of a housing (heat exchangers 125 within frame 137, fig. 8) and a pair of evaporative cooling panels (evaporative panels/pads, see above annotated fig. 5) each disposed on an external side of a heat exchanger and a ventilator (see adiabatic pads on external side of ventilator and heat exchangers, fig. 6);
positioning said upper module above said lower module (see upper and lower modules in stacked position, figs. 10-12), engaging respective guide with each other in order to align them correctly (guide frames 133, 113, 137, 115 in surface contact with each other, fig. 10 and paragraph 51) and placing said upper module resting on said lower module in correspondence with respective rest portions (upper module resting on faces of frames 133, 113 and on lower modules, see fig. 10 and paragraph 51).
However, Byrne does not explicitly teach parallel arrangement of heat exchangers.
Mockry discloses a cooling apparatus (see figs. 6, 14) comprising a pair of heat exchangers (heat exchangers 10 and evaporative cooling panel 98, see figs. 14, 6 and paragraph 108) disposed in front of each other parallel in the vertical direction on opposite sides of a housing (heat exchangers 10 parallel in vertical direction on opposite sides of housing 58, see fig. 6), and a pair of adiabatic evaporative cooling panels (evaporative cooling media 98 in front of each heat exchanger 10, see fig. 14), each disposed on an external side of a heat exchanger (media 98 in front of heat exchanges 10, see fig. 14).
It would have been obvious for one of skill in the art before the effective filing date of the claimed invention to have modified the heat exchangers of each of the modules of the modular adiabatic cooling apparatus of Byrne by providing a pair of heat exchangers disposed in front of each other parallel in the vertical direction on opposite sides of a housing within each of the module, and a pair of adiabatic evaporative cooling panels, each disposed on an external side of a heat exchanger based on the teachings of Mockry in order to allow the air flow to be perpendicular to the placement of the heat exchangers and to reduce the footprint of the modular cooling apparatus by designing a parallel compact structure of the cooling apparatus.
Byrne also does not explicitly teach coupler for coupling modules.
However, Meek discloses a cooling apparatus (see figs. 1-6) comprising a pair of heat exchangers (modular packing units 52, 15, see figs. 1-6) disposed in front of each other in the vertical direction on opposite sides of a housing (see figs. 5-6 and col. 4, lines 53-73), wherein at least a plurality of upper and lower modules (modular packing units 15 with frames, brackets 62 and support structures, see figs. 1-3) comprise reciprocal guide (stringer section 13 with guide seat 25, support bars 48 and bottom plates 44, see figs. 2-3, and feet 57, figs. 6-7) and coupler (angle iron corners and flanges, see col. 3, lines 4-15, and fig. 3) disposed in correspondence with respective connection faces (at frame 11 and stingers 13 for supporting each of the packing units 15, see figs. 2-3) and have a non-operating configuration (see figs. 6 or 2) in which they are separated from each other (see figs. 6 and 2), and an operating configuration in which they are disposed stacked one on top of the other in which upper module is resting on the lower module with respective rest portions, guide and coupler (see stacked packing units with frames, support base, flanges and structure supporting the upper modules with lower modules below the upper module, fig. 1).
It would have been obvious for one of skill in the art before the effective filing date of the claimed invention to have modified the guide and stacking structure of cooling modules of the modular adiabatic cooling apparatus of Byrne by providing a reciprocal guide and coupler disposed in correspondence with respective connection faces and have a non-operating configuration in which they are separated from each other, and an operating configuration in which they are disposed stacked one on top of the other in which upper module is resting on the lower module with respective rest portions, guide and coupler based on the teachings of Meek in order to provide a sturdy modular adiabatic cooling apparatus which support plurality of heat exchanger modules along with filled/empty water collection trays and provide stability to the structure with joints and couplings to minimize vibrations due to fan movements.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Byrne (US 2021/0254898 A1) in view of Meek (US 3363885 A) as applied to claim 2 above and further in view of Frantzen (US 2016/0324077 A1).
In regards to claim 3, Byrne as modified teaches the limitations of claim 2 and further discloses that the horizontal support structures/elements are disposed internally with respect to the respective heat exchangers (see below annotated fig. 18, where support structures are between the opposite heat exchangers) and comprise horizontal support elements (see horizontally extending plates and surfaces between opposite heat exchangers, below annotated fig. 18) and vertical support elements connected to said horizontal support elements (see below annotated fig. 18), wherein the lower and upper surfaces of said facing horizontal support elements constitute said rest portions (see upper and lower surfaces, where heat exchangers rest above annotated figs. 11 and 18). Meek further teaches that the rectangular frame (11) with vertical columns (12) and horizontal transverse stringers (13) are internally disposed with respect to heat exchangers (frame 11, columns 12, and stringers 13 internally disposed with respect to packing units 15, see fig. 1).
However, Byrne does not explicitly teach brackets connecting horizontal and vertical beams/struts/columns.
Frantzen discloses a frame (21, 128, 134-138, fig. 10E), where vertical support elements (21) are connected to said horizontal support elements (128) by connection brackets (brackets 135-138), wherein the lower and upper surfaces of said facing horizontal support elements constitute said rest portions of walls (see figs. 3 and 7-10).
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It would have been obvious for one of skill in the art before the effective filing date of the claimed invention to have modified the support structures of the modules of the cooling apparatus of Byrne by providing a frame, where vertical support elements are connected to said horizontal support elements by connection brackets, wherein the lower and upper surfaces of said facing horizontal support elements constitute said rest portions for modules based on the teachings of Frantzen in order to provide an assembled and sturdy structure for modules that can be stacked with more or less modular cooling units that are well supported by horizontal cross bars that transfer the weight of the installed units through the connection brackets to the vertical struts and the foundation of the structure.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Byrne (US 2021/0254898 A1) in view of Meek (US 3363885 A) as applied to claim 1 above and further in view of Klaba (US 2019/0310020 A1).
In regards to claim 4, Byrne as modified teaches the limitations of claim 1 and further discloses that the guides are defined respectively by a lower shoulder element (see below annotated fig. 18) associated with each heat exchanger of said upper module (see below annotated fig. 18), and by an upper shoulder element associated with a respective heat exchanger of said lower module (see below annotated fig. 18), the shoulder elements being conformed (see upper and lower shoulders resting and interacting with each other, below annotated fig. 18 and figs. 10-17).
However, Byrne does not explicitly teach that the shoulder elements are inserted one inside the other.
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Klaba teaches a support structure for the stacked heat exchanger assembly (see 1010, figs. 2, 4, 8 and 33), which includes guides (legs and members 1030 and 1035; Also see openings 59 within corners 58) defined by a lower shoulder element (transverse members 1035, see fig. 33; Also see lower corner 58 of upper module, fig. 4) associated with each heat exchanger of said upper module (see 1035 associated with upper modules, fig. 33), and by an upper shoulder element (legs 1030 between ends 1043 and 1045, fig. 33; Also see upper corner 58 of lower module, fig. 4) associated with a respective heat exchanger of said lower module (legs 1030 between ends 1043 and 1045, fig. 33; Also see fig. 4), the shoulder elements being conformed in such a way as to be inserted one inside the other (1035 inserted into a gap within legs 1030, see figs. 33 and 35-38; Also see 110 inserted within 59 to connected lower and upper shoulders of the modules, figs. 4 and 19).
It would have been obvious for one of skill in the art before the effective filing date of the claimed invention to have modified the guides of the modular cooling apparatus of Byrne by providing upper and lower shoulder elements that are conformed in such a way as to be inserted one inside the other based on the teachings of Klaba in order to provide a steady and sturdy assembly for the structure of stacked modular heat exchangers that are well supported by guides that engage with each other while creating maximum surface contact between engaging bottom and top shoulder elements of the upper and lower modules respectively.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Byrne (US 2021/0254898 A1) in view of Meek (US 3363885 A) as applied to claim 1 above and further in view of Larabell (US 5471099 A1).
In regards to claim 5, Byrne as modified teaches the limitations of claim 1 except for a pre-installed, respective electrical wiring, which, in an operating configuration, are connected by respective connectors.
However, Larabell teaches a set of electrical wirings with respective connectors (see electrical wirings with connectors 255, 272, fig. 9) associated with each stacked bracket assembly (250, fig. 9) stacked within modular enclosure of cooling modules (160, see figs. 4-5 and col. 6, line 66 – col. 7, line 4 and col. 7, lines 23-28 and lines 55-59), where the wires connected via connectors (see figs. 12-13 and col. 7, line 65 – col. 8, line 4).
It would have been obvious for one of skill in the art before the effective filing date of the claimed invention to have modified the modular cooling apparatus of Byrne by providing pre-installed electrical wirings, which, in said operating configuration, connect by respective connectors based on the teachings of Larabell in order to transmit data/power between adjacent modules (see connection between connectors 272 and 274, col. 7, line 65 – col. 8, line 4, Larabell).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MERAJ A SHAIKH whose telephone number is (571)272-3027. The examiner can normally be reached on M-R 9:00-1:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached on 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MERAJ A SHAIKH/Examiner, Art Unit 3763
/JIANYING C ATKISSON/Supervisory Patent Examiner, Art Unit 3763