Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
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:
“a unit for producing oxidizing gas” in claims 1 and 19;
“a condensing unit suitable for condensing the combustion fumes” in claims 1 and 19;
“a recycler for supplying the oxidizing gas production unit” in claims 1 and 19;
“a unit for producing oxidizing gas” in claims 1 and 19;
“a unit for providing molecular oxygen and for supplying molecular oxygen in claims 1 and 19;
“a regulating unit” in claims 1 and 19;
“a supply device suitable for introducing one or more treatment additives” in claim 10;
“a pollution removing unit” in claims 13 and 16.
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.
Factors that will support a conclusion that the prior art element is an equivalent are:
(A) The prior art element performs the identical function specified in the claim in substantially the same way, and produces substantially the same results as the corresponding element disclosed in the specification. Kemco Sales, Inc. v. Control Papers Co., 208 F.3d 1352, 1364, 54 USPQ2d 1308, 1315 (Fed. Cir. 2000) (An internal adhesive sealing the inner surfaces of an envelope pocket was not held to be equivalent to an adhesive on a flap which attached to the outside of the pocket. Both the claimed invention and the accused device performed the same function of closing the envelope, but the accused device performed the function in a substantially different way (by an internal adhesive on the inside of the pocket) with a substantially different result (the adhesive attached the inner surfaces of both sides of the pocket)); Odetics Inc. v. Storage Tech. Corp., 185 F.3d 1259, 1267, 51 USPQ2d 1225, 1229-30 (Fed. Cir. 1999); Lockheed Aircraft Corp. v. United States, 193 USPQ 449, 461 (Ct. Cl. 1977). The concepts of equivalents as set forth in Graver Tank & Mfg. Co. v. Linde Air Products, 339 U.S. 605, 85 USPQ 328 (1950) are relevant to any "equivalents" determination. Polumbo v. Don-Joy Co., 762 F.2d 969, 975 n.4, 226 USPQ 5, 8-9 n.4 (Fed. Cir. 1985).
(B) A person of ordinary skill in the art would have recognized the interchangeability of the element shown in the prior art for the corresponding element disclosed in the specification. Caterpillar Inc. v. Deere & Co., 224 F.3d 1374, 56 USPQ2d 1305 (Fed. Cir. 2000); Al-Site Corp. v. VSI Int’ l, Inc., 174 F.3d 1308, 1316, 50 USPQ2d 1161, 1165 (Fed. Cir. 1999); Chiuminatta Concrete Concepts, Inc. v. Cardinal Indus. Inc., 145 F.3d 1303, 1309, 46 USPQ2d 1752, 1757 (Fed. Cir. 1998); Lockheed Aircraft Corp. v. United States, 193 USPQ 449, 461 (Ct. Cl. 1977); Data Line Corp. v. Micro Technologies, Inc., 813 F.2d 1196, 1 USPQ2d 2052 (Fed. Cir. 1987).
(C) There are insubstantial differences between the prior art element and the corresponding element disclosed in the specification. IMS Technology, Inc. v. Haas Automation, Inc., 206 F.3d 1422, 1436, 54 USPQ2d 1129, 1138 (Fed. Cir. 2000); Warner-Jenkinson Co. v. Hilton Davis Chemical Co., 520 U.S. 17, 41 USPQ2d 1865, 1875 (1997); Valmont Industries, Inc. v. Reinke Mfg. Co., 983 F.2d 1039, 25 USPQ2d 1451 (Fed. Cir. 1993). See also Caterpillar Inc. v. Deere & Co., 224 F.3d 1374, 56 USPQ2d 1305 (Fed. Cir. 2000) (A structure lacking several components of the overall structure corresponding to the claimed function and also differing in the number and size of the parts may be insubstantially different from the disclosed structure. The limitation in a means- (or step-) plus-function claim is the overall structure corresponding to the claimed function. The individual components of an overall structure that corresponds to the claimed function are not claim limitations. Also, potential advantages of a structure that do not relate to the claimed function should not be considered in an equivalents determination under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph).
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 12 and 26-30 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 12 recites the broad recitations “wherein said at least one treatment additive is a base… or is an acid,” and the claim also recites “more particularly NaOH, KOH, Ca(OH)2… more particularly sulfuric acid, or is hydrogen peroxide, or is a flocculating agent” respectively which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 26 recites the broad recitations “one or more pollutants” and the claim also recites “more particularly one or more pollutants selected from the following list: fine particles, SOx, NOx, acids, heavy metals, ammonia, VOCs” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 30 recites the limitation "the carbon dioxide.” There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, “the carbon dioxide” will be interpreted as -carbon dioxide-. The examiner points out that antecedent basis for “the carbon dioxide” is present in claim 24 if the applicant would prefer that claim 30 depend from claim 24.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 20 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 20 recites “automatically regulating the temperature of the coolant liquid.” Claim 19, from which claim 20 depends, recites “a regulating unit, which has a function of automatically regulating a temperature of the coolant liquid.” Thus, claim 20 fails to further limit claim 19. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1-9 and 13-30 are rejected under 35 U.S.C. 103 as being unpatentable over Baudhuin (US 6029588 A), hereinafter Baudhuin, in view of Zakarian (US 3504481 A), hereinafter Zakarian, and further in view of Erlach (US 6029588 A), hereinafter Erlach.
Regarding claims 1, 9, 13, 16, and 17, Baudhuin discloses a combustion system comprising;
a unit for producing oxidizing gas (“The heated regenerated gas enters a line 36 where it proceeds to the combustion chamber 11” column 3, line 61 and “Line 35 receives the mixed gas stream from lines 34 and 40. The mixed gas has now been regenerated and contains sufficient oxygen concentration for combustion” column 3, line 43),
a combustion apparatus allowing for combustion of a fuel by using said oxidizing gas (“combustion chamber 11” column 2, line 40),
a condensing unit suitable for condensing the combustion fumes produced by the combustion apparatus, by bringing the combustion fumes into indirect contact with at least one coolant liquid, so as to produce a dehumidified gas (“exhaust gases exit the filter through a line 24 and enter a water vapor condenser 25. Cool circulating water enters via a line 26 and exits via a line 27. A major portion of the water vapor condenses out of the exhaust gas steam” column 3, line 12),
a recycler for supplying the oxidizing gas production unit with at least one recycled portion of the dehumidified gas at an outlet of the condensing unit (“A first portion of the gas stream is recirculated back into the combustion loop through a line 31” column 3, line 30),
a unit for providing molecular oxygen and for supplying molecular oxygen to the oxidizing gas production unit, the oxidizing gas production unit supplying the combustion apparatus with an oxidizing gas originating from mixing of molecular oxygen and the recycled portion of said dehumidified gas (“The gas flow in line 34 mixes with concentrated oxygen in a line 40 leading from a source 38. The concentration of oxygen in the line 40 will normally range from 90% to 95% oxygen by volume” column 3, line 40).
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Baudhuin does not disclose:
bringing the combustion fumes into contact with the at least one coolant liquid;
a regulating unit, which has a function of automatically regulating a temperature of the coolant liquid of the condensing unit, and
at least one of the following technical features (a) and/or (b):
(a) at least one sensor for measuring an absolute or relative humidity in the recycled portion of the dehumidified gas and/or at least one sensor for measuring an absolute or relative humidity in the oxidizing gas and/or at least one sensor for measuring an absolute or relative humidity in the combustion fumes, and the regulating unit has a function of automatically regulating the temperature of the coolant liquid of the condensing unit based at least on the absolute or relative humidity measured in the recycled portion of the dehumidified gas and/or based at least on the absolute or relative humidity measured in the oxidizing gas and/or based at least on the absolute or relative humidity measured in the combustion fumes; and/or
(b) an operating range defining a maximum absolute or relative humidity and a minimum absolute or relative humidity, and the regulating unit has a function of automatically regulating the temperature of the coolant liquid of the condensing unit so as to keep the absolute or relative humidity of the oxidizing gas within said operating range of the combustion apparatus;
wherein the condensing unit comprises at least one condensing device comprising a bath of coolant liquid, and an injector making it possible to move the combustion fumes through this bath of coolant liquid;
a pollution-removing unit which is positioned between the condensing unit and the recycling point of the recycled portion of the dehumidified gas, and which has a function of removing at least some of the pollutant contained in the dehumidified gas obtained at the outlet of the condensing unit, so as to recycle, as far as an inlet of the oxidizing gas production unit, a recycled portion of dehumidified gas that has had at least some of its pollution removed;
a pollution-removing unit comprising at least one washing device suitable for bringing the dehumidified gas that is to have pollution removed or the combustion fumes that are to have pollution removed into contact with a washing liquid;
wherein the washing device comprises a bath of washing liquid, and an injector making it possible to move the dehumidified gas that is to have pollution removed or the combustion fumes that are to have pollution removed through this bath of washing liquid.
However, Zakarian teaches:
bringing the combustion fumes into contact with the at least one coolant liquid;
wherein the condensing unit comprises at least one condensing device comprising a bath of coolant liquid, and an injector making it possible to move the combustion fumes through this bath of coolant liquid (“The polluted air flows thereafter into a solution of sodium carbonate (Na2CO3) 22a or in the alternative of 10% solution of sodium hydroxide (NaOH) which has been previously cooled to about 32 degrees F. by a helix-type coil 21a through which a suitable coolant is forced, such as water, Freon, ammonia solution and the like” column 2, line 47);
a pollution-removing unit (26) which is positioned downstream of the condensing unit, and which has a function of removing at least some of the pollutant contained in the dehumidified gas obtained at the outlet of the condensing unit, so as to produce a portion of dehumidified gas that has had at least some of its pollution removed;
a pollution-removing unit (26) comprising at least one washing device suitable for bringing the dehumidified gas that is to have pollution removed or the combustion fumes that are to have pollution removed into contact with a washing liquid;
wherein the washing device comprises a bath of washing liquid, and an injector making it possible to move the dehumidified gas that is to have pollution removed or the combustion fumes that are to have pollution removed through this bath of washing liquid (“The air thereafter flows into a bath or solution 28 containing a creosote-based fireproofing material for removing or retaining the components of carbon and/or sulphur remaining or forming in part of and in the polluted air” column 2, line 64).
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In view of Zakarian’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the elements as is taught in Zakarian, in the combustion system disclosed by Baudhuin because Zakarian states “It is the principal purpose and object of the invention to provide an apparatus for purifying air, smoke and other polluted atmospheric gases” (column 1, line 50). Therefore, including the structure taught by Zakarian will remove pollutants in the combustion system of Baudhuin.
Baudhuin, as modified by Zakarian, does not disclose:
a regulating unit, which has a function of automatically regulating a temperature of the coolant liquid of the condensing unit, and
at least one of the following technical features (a) and/or (b):
(a) at least one sensor for measuring an absolute or relative humidity in the recycled portion of the dehumidified gas and/or at least one sensor for measuring an absolute or relative humidity in the oxidizing gas and/or at least one sensor for measuring an absolute or relative humidity in the combustion fumes, and the regulating unit has a function of automatically regulating the temperature of the coolant liquid of the condensing unit based at least on the absolute or relative humidity measured in the recycled portion of the dehumidified gas and/or based at least on the absolute or relative humidity measured in the oxidizing gas and/or based at least on the absolute or relative humidity measured in the combustion fumes; and/or
(b) an operating range defining a maximum absolute or relative humidity and a minimum absolute or relative humidity, and the regulating unit has a function of automatically regulating the temperature of the coolant liquid of the condensing unit so as to keep the absolute or relative humidity of the oxidizing gas within said operating range of the combustion apparatus.
However, Erlach teaches:
a regulating unit (“An electronic adjustment and control device 28 is provided for the operation of the system and to set the desired air conditions into which devices there are integrated all necessary adjustment devices required for the operation of the equipment and all control devices for pressure 29 and 30, temperature 31 and humidity 32” paragraph [0077]), which has a function of automatically regulating a temperature of the coolant liquid of the condensing unit, and
at least one of the following technical features (a) and/or (b):
(a) at least one sensor for measuring an absolute or relative humidity in the recycled portion of the dehumidified gas and/or at least one sensor for measuring an absolute or relative humidity in the oxidizing gas and/or at least one sensor for measuring an absolute or relative humidity in the combustion fumes, and the regulating unit has a function of automatically regulating the temperature of the coolant liquid of the condensing unit based at least on the absolute or relative humidity measured in the recycled portion of the dehumidified gas and/or based at least on the absolute or relative humidity measured in the oxidizing gas and/or based at least on the absolute or relative humidity measured in the combustion fumes; and/or
(b) an operating range defining a maximum absolute or relative humidity and a minimum absolute or relative humidity, and the regulating unit has a function of automatically regulating the temperature of the coolant liquid of the condensing unit so as to keep the absolute or relative humidity of the oxidizing gas within said operating range of the combustion apparatus (“The actual humidity is measured by the humidity sensor 18 and is converted to an electric signal proportional to the humidity. This signal is transmitted to the control device for humidity 32 as actual signal. The control device 32 compares the actual signal with the reference variable desired by the user and produces a steady reference signal for the control valve for cold water 9 or for the vapor metering valve 14 depending on the requirement for cooling (dehumidifying) or humidifying” paragraph [0098]).
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In view of the teachings of Erlach, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the regulating unit as is taught in Erlach, in the combustion system disclosed by Baudhuin because providing control will ensure that the flow of Baudhuin is properly dehumidified. Additionally, the court has held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art In re Venner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958). In this case the regulating unit of the claims is a broadly recited automatic means which produce the same result as manually monitoring the output of the condensing unit of Baudhuin.
Regarding claim 2, Baudhuin, as modified by Zakarian and Erlach, discloses the combustion system according to claim 1, comprising a heater for heating the recycled portion of said dehumidified gas (“The regenerated gas in line 35 enters the gas-to-gas heat exchanger 16 where it receives heat from the exhaust gas” column 3, line 57).
Regarding claim 3, Baudhuin, as modified by Zakarian and Erlach, discloses the combustion system according to claim 1, wherein the regulating unit has a function of automatically regulating the temperature of the coolant liquid of the condensing unit so as to keep the absolute or relative humidity of the recycled portion of the dehumidified gas within a predefined operating range (“The actual humidity is measured by the humidity sensor 18 and is converted to an electric signal proportional to the humidity. This signal is transmitted to the control device for humidity 32 as actual signal. The control device 32 compares the actual signal with the reference variable desired by the user and produces a steady reference signal for the control valve for cold water 9 or for the vapor metering valve 14 depending on the requirement for cooling (dehumidifying) or humidifying” paragraph [0098] as taught by Erlach).
Regarding claim 4, Baudhuin, as modified by Zakarian and Erlach, discloses the combustion system according to claim 1, wherein the regulating unit has a function of automatically regulating the temperature of the coolant liquid of the condensing unit so as to keep the absolute or relative humidity of the oxidizing gas within a predefined operating range (“The actual humidity is measured by the humidity sensor 18 and is converted to an electric signal proportional to the humidity. This signal is transmitted to the control device for humidity 32 as actual signal. The control device 32 compares the actual signal with the reference variable desired by the user and produces a steady reference signal for the control valve for cold water 9 or for the vapor metering valve 14 depending on the requirement for cooling (dehumidifying) or humidifying” paragraph [0098] as taught by Erlach).
Regarding claim 5, Baudhuin, as modified by Zakarian and Erlach, discloses the combustion system according to claim 1, wherein the regulating unit has a function of automatically regulating the temperature of the coolant liquid of the condensing unit so as to keep the absolute or relative humidity of the combustion fumes within a predefined operating range (“The actual humidity is measured by the humidity sensor 18 and is converted to an electric signal proportional to the humidity. This signal is transmitted to the control device for humidity 32 as actual signal. The control device 32 compares the actual signal with the reference variable desired by the user and produces a steady reference signal for the control valve for cold water 9 or for the vapor metering valve 14 depending on the requirement for cooling (dehumidifying) or humidifying” paragraph [0098] as taught by Erlach).
Regarding claim 6, Baudhuin, as modified by Zakarian and Erlach, discloses the combustion system according to claim 1, wherein the regulating unit has the a function of automatically regulating the temperature of the coolant liquid of the condensing unit so as to keep the temperature of the coolant liquid of the condensing unit at a predefined temperature or within a within a predefined temperature range (“The actual humidity is measured by the humidity sensor 18 and is converted to an electric signal proportional to the humidity. This signal is transmitted to the control device for humidity 32 as actual signal. The control device 32 compares the actual signal with the reference variable desired by the user and produces a steady reference signal for the control valve for cold water 9 or for the vapor metering valve 14 depending on the requirement for cooling (dehumidifying) or humidifying” paragraph [0098] as taught by Erlach).
Regarding claim 7, Baudhuin, as modified by Zakarian and Erlach, discloses the combustion system according to claim 2, wherein the heater is suitable for heating the recycled portion of said dehumidified gas by using of calories taken from the combustion fumes (“The regenerated gas in line 35 enters the gas-to-gas heat exchanger 16 where it receives heat from the exhaust gas” column 3, line 57).
Regarding claim 8, Baudhuin, as modified by Zakarian and Erlach, discloses the combustion system according to claim 1, comprising a heater that is suitable for heating the recycled portion of said dehumidified gas, such that the temperature of the oxidizing gas at an inlet of the combustion apparatus is within a predefined temperature range and/or such that the temperature of the oxidizing gas at the inlet of the combustion apparatus is above the dew point of the oxidizing gas (“The regenerated gas in line 35 enters the gas-to-gas heat exchanger 16 where it receives heat from the exhaust gas. A higher temperature in the regenerated gas will enhance combustion performance. The temperature of the regenerated gas will normally range from 400° F. to 1200° F. The heated regenerated gas enters a line 36 where it proceeds to the combustion chamber 11” column 3, line 57).
Regarding claim 14, Baudhuin, as modified by Zakarian and Erlach, discloses the combustion system according to claim 1, comprising a pollution-removing unit which is positioned between the combustion apparatus and the condensing unit, and which has a function of removing at least some of the pollutant(s) contained in the combustion fumes, before the pollutant(s) pass through the condensing unit, so as to introduce the combustion fumes into an inlet of the condensing unit with at least some of their pollution removed (“The cool combustion gas leaves the steam boiler 18 through a line 21 and enters a particulate filter 22 where fine particulate matter is captured and removed from the system” column 3, line 8).
Regarding claim 15, Baudhuin, as modified by Zakarian and Erlach, discloses the combustion system according to claim 1, comprising a pollution-removing unit suitable for capturing one or more pollutants selected from the following list: fine particles, SOx, NOx, acids, heavy metals, ammonia, VOCs (“The cool combustion gas leaves the steam boiler 18 through a line 21 and enters a particulate filter 22 where fine particulate matter is captured and removed from the system” column 3, line 8).
Regarding claim 18, Baudhuin, as modified by Zakarian and Erlach, discloses the combustion system according to claim 1, comprising a unit for capturing carbon dioxide from the non-recycled portion of the dehumidified gas (“If carbon dioxide is to be recovered, the excess gas in line 30 proceeds to a gas clean up system 41” column 4, line 10 and “A portion of the carbon dioxide is transformed from a gas to a liquid and drained out through a line 49” column 4, line 44).
a unit for producing oxidizing gas,
a combustion apparatus allowing for combustion of a fuel by using said oxidizing gas,
a condensing unit suitable for condensing the combustion fumes produced by the combustion apparatus, by bringing the combustion fumes into indirect contact with at least one coolant liquid, so as to produce a dehumidified gas,
a recycler for supplying the oxidizing gas production unit with at least one recycled portion of the dehumidified gas at an outlet of the condensing unit,
a unit for providing molecular oxygen and for supplying molecular oxygen to the oxidizing gas production unit, the oxidizing gas production unit supplying the combustion apparatus with an oxidizing gas originating from mixing of molecular oxygen and the recycled portion of said dehumidified gas
Regarding claim 19, Baudhuin discloses a method comprising:
combusting a fuel by combustion system comprising:
a unit for producing oxidizing gas (“The heated regenerated gas enters a line 36 where it proceeds to the combustion chamber 11” column 3, line 61 and “Line 35 receives the mixed gas stream from lines 34 and 40. The mixed gas has now been regenerated and contains sufficient oxygen concentration for combustion” column 3, line 43),
a combustion apparatus allowing for combustion of a fuel by using said oxidizing gas (“combustion chamber 11” column 2, line 40),
a condensing unit suitable for condensing the combustion fumes produced by the combustion apparatus, by bringing the combustion fumes into indirect contact with at least one coolant liquid, so as to produce a dehumidified gas (“exhaust gases exit the filter through a line 24 and enter a water vapor condenser 25. Cool circulating water enters via a line 26 and exits via a line 27. A major portion of the water vapor condenses out of the exhaust gas steam” column 3, line 12),
a recycler for supplying the oxidizing gas production unit with at least one recycled portion of the dehumidified gas at an outlet of the condensing unit (“A first portion of the gas stream is recirculated back into the combustion loop through a line 31” column 3, line 30),
a unit for providing molecular oxygen and for supplying molecular oxygen to the oxidizing gas production unit, the oxidizing gas production unit supplying the combustion apparatus with an oxidizing gas originating from mixing of molecular oxygen and the recycled portion of said dehumidified gas (“The gas flow in line 34 mixes with concentrated oxygen in a line 40 leading from a source 38. The concentration of oxygen in the line 40 will normally range from 90% to 95% oxygen by volume” column 3, line 40),
the method comprising:
supplying the combustion unit with the fuel (“Supplemental fuels such as natural gas, propane, petroleum oil, wood, and coal may be added to the combustion chamber 11 through a line 60” column 5, line 1) and with the oxidizing gas originating from the mixing of the molecular oxygen and the recycled portion of the dehumidified gas obtained from the combustion fumes (“The heated regenerated gas enters a line 36 where it proceeds to the combustion chamber 11” column 3, line 61).
Baudhuin does not disclose:
bringing the combustion fumes into contact with at least one coolant liquid,
a regulating unit, which has a function of automatically regulating a temperature of the coolant liquid of the condensing unit, and at least one of the following technical features (a) and/or (b):
(a) at least one sensor for measuring an absolute or relative humidity in the recycled portion of the dehumidified gas and/or at least one sensor for measuring an absolute or relative humidity in the oxidizing gas and/or at least one sensor for measuring an absolute or relative humidity in the combustion fumes, and the regulating unit has a function of automatically regulating the temperature of the coolant liquid of the condensing unit based at least on the absolute or relative humidity measured in the recycled portion of the dehumidified gas and/or based at least on the absolute or relative humidity measured in the oxidizing gas and/or based at least on the absolute or relative humidity measured in the combustion fumes; and/or
(b) an operating range defining a maximum absolute or relative humidity and a minimum absolute or relative humidity, and the regulating unit has a function of automatically regulating the temperature of the coolant liquid of the condensing unit so as to keep the absolute or relative humidity of the oxidizing gas within said operating range of the combustion apparatus.
However, Zakarian teaches:
bringing the combustion fumes into contact with the at least one coolant liquid (“The polluted air flows thereafter into a solution of sodium carbonate (Na2CO3) 22a or in the alternative of 10% solution of sodium hydroxide (NaOH) which has been previously cooled to about 32 degrees F. by a helix-type coil 21a through which a suitable coolant is forced, such as water, Freon, ammonia solution and the like” column 2, line 47).
In view of Zakarian’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the elements as is taught in Zakarian, in the combustion system disclosed by Baudhuin because Zakarian states “It is the principal purpose and object of the invention to provide an apparatus for purifying air, smoke and other polluted atmospheric gases” (column 1, line 50). Therefore, including the structure taught by Zakarian will remove pollutants in the combustion system of Baudhuin.
Baudhuin, as modified by Zakarian, does not disclose:
a regulating unit, which has a function of automatically regulating a temperature of the coolant liquid of the condensing unit, and at least one of the following technical features (a) and/or (b):
(a) at least one sensor for measuring an absolute or relative humidity in the recycled portion of the dehumidified gas and/or at least one sensor for measuring an absolute or relative humidity in the oxidizing gas and/or at least one sensor for measuring an absolute or relative humidity in the combustion fumes, and the regulating unit has a function of automatically regulating the temperature of the coolant liquid of the condensing unit based at least on the absolute or relative humidity measured in the recycled portion of the dehumidified gas and/or based at least on the absolute or relative humidity measured in the oxidizing gas and/or based at least on the absolute or relative humidity measured in the combustion fumes; and/or
(b) an operating range defining a maximum absolute or relative humidity and a minimum absolute or relative humidity, and the regulating unit has a function of automatically regulating the temperature of the coolant liquid of the condensing unit so as to keep the absolute or relative humidity of the oxidizing gas within said operating range of the combustion apparatus.
However, Erlach teaches:
a regulating unit (“An electronic adjustment and control device 28 is provided for the operation of the system and to set the desired air conditions into which devices there are integrated all necessary adjustment devices required for the operation of the equipment and all control devices for pressure 29 and 30, temperature 31 and humidity 32” paragraph [0077]), which has a function of automatically regulating a temperature of the coolant liquid of the condensing unit, and at least one of the following technical features (a) and/or (b):
(a) at least one sensor for measuring an absolute or relative humidity in the recycled portion of the dehumidified gas and/or at least one sensor for measuring an absolute or relative humidity in the oxidizing gas and/or at least one sensor for measuring an absolute or relative humidity in the combustion fumes, and the regulating unit has a function of automatically regulating the temperature of the coolant liquid of the condensing unit based at least on the absolute or relative humidity measured in the recycled portion of the dehumidified gas and/or based at least on the absolute or relative humidity measured in the oxidizing gas and/or based at least on the absolute or relative humidity measured in the combustion fumes; and/or
(b) an operating range defining a maximum absolute or relative humidity and a minimum absolute or relative humidity, and the regulating unit has a function of automatically regulating the temperature of the coolant liquid of the condensing unit so as to keep the absolute or relative humidity of the oxidizing gas within said operating range of the combustion apparatus (“The actual humidity is measured by the humidity sensor 18 and is converted to an electric signal proportional to the humidity. This signal is transmitted to the control device for humidity 32 as actual signal. The control device 32 compares the actual signal with the reference variable desired by the user and produces a steady reference signal for the control valve for cold water 9 or for the vapor metering valve 14 depending on the requirement for cooling (dehumidifying) or humidifying” paragraph [0098]).
In view of the teachings of Erlach, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the regulating unit as is taught in Erlach, in the combustion system disclosed by Baudhuin because providing control will ensure that the flow of Baudhuin is properly dehumidified. Additionally, the court has held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art In re Venner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958). In this case the regulating unit of the claims is a broadly recited automatic means which produce the same result as manually monitoring the output of the condensing unit of Baudhuin.
Regarding claim 20, Baudhuin, as modified by Zakarian and Erlach, discloses the method according to claim 19, comprising automatically regulating the temperature of the coolant liquid (“The actual humidity is measured by the humidity sensor 18 and is converted to an electric signal proportional to the humidity. This signal is transmitted to the control device for humidity 32 as actual signal. The control device 32 compares the actual signal with the reference variable desired by the user and produces a steady reference signal for the control valve for cold water 9 or for the vapor metering valve 14 depending on the requirement for cooling (dehumidifying) or humidifying” paragraph [0098] as taught by Erlach).
Regarding claim 21, Baudhuin, as modified by Zakarian and Erlach, discloses the method according to claim 19, comprising heating the recycled portion of the dehumidified gas before the dehumidified gas is introduced into the unit for producing oxidizing gas (“The regenerated gas in line 35 enters the gas-to-gas heat exchanger 16 where it receives heat from the exhaust gas” column 3, line 57).
Regarding claim 22, Baudhuin, as modified by Zakarian and Erlach, discloses the method according to claim 21, comprising taking calories from the combustion fumes and using the calories to heat the recycled portion of the dehumidified gas before the dehumidified gas is introduced into the unit for producing oxidizing gas (“The regenerated gas in line 35 enters the gas-to-gas heat exchanger 16 where it receives heat from the exhaust gas” column 3, line 57).
Regarding claim 23, Baudhuin, as modified by Zakarian and Erlach, discloses the method according to claim 21, wherein the recycled portion of said dehumidified gas is heated such that the temperature of the oxidizing gas at an inlet of the combustion apparatus is within a predefined temperature range and/or such that the temperature of the oxidizing gas at the inlet of the combustion apparatus is above the dew point of the oxidizing gas (“The regenerated gas in line 35 enters the gas-to-gas heat exchanger 16 where it receives heat from the exhaust gas. A higher temperature in the regenerated gas will enhance combustion performance. The temperature of the regenerated gas will normally range from 400° F. to 1200° F. The heated regenerated gas enters a line 36 where it proceeds to the combustion chamber 11” column 3, line 57).
Regarding claim 24, Baudhuin, as modified by Zakarian and Erlach, discloses the method according to claim 19, wherein the fuel is chosen so as to produce, at an outlet of the combustion apparatus, combustion fumes which comprise carbon dioxide and water vapor (“The spent combustion exhaust gas exits the combustion chamber through a line 13” column 2, line 59 and “A major portion of the water vapor condenses out of the exhaust gas steam and is drained through a line 28… After most of the water vapor has been removed, the exhaust gas exits through a line 29. At this point in the process most (75% to 95% by volume) of the process gas stream is carbon dioxide (CO.sub.2) along with small amounts of nitrogen (N.sub.2), oxygen (O.sub.2), and water vapor (H.sub.2 O)” column 3, line 15).
Regarding claim 25, Baudhuin, as modified by Zakarian and Erlach, discloses the combustion method according to claim 24, wherein the fuel is a hydrocarbon (“Supplemental fuels such as natural gas, propane, petroleum oil, wood, and coal may be added to the combustion chamber 11 through a line 60” column 5, line 1).
Regarding claim 26, Baudhuin, as modified by Zakarian and Erlach, discloses the method according to claim 19, wherein the combustion fumes produced at an outlet of the combustion apparatus comprise carbon dioxide, water vapor, and one or more pollutants, and more particularly one or more pollutants selected from the following list: fine particles, SOx, NOx, acids, heavy metals, ammonia, VOCs (“The cool combustion gas leaves the steam boiler 18 through a line 21 and enters a particulate filter 22 where fine particulate matter is captured and removed from the system” column 3, line 8).
Regarding claim 27, Baudhuin, as modified by Zakarian and Erlach, discloses the combustion method according to claim 26, wherein the combustion fumes have all or some of their pollution removed as the combustion fumes pass through the condensing unit (“The vapor condenser will also further remove particulate matter not captured in the particulate filter 22” column 3, line 19).
Regarding claim 28, Baudhuin, as modified by Zakarian and Erlach, discloses the combustion method according to claim 26, wherein the combustion fumes have all or some of their pollution removed before the combustion fumes pass through the condensing unit (“The cool combustion gas leaves the steam boiler 18 through a line 21 and enters a particulate filter 22 where fine particulate matter is captured and removed from the system” column 3, line 8).
Regarding claim 29, Baudhuin, as modified by Zakarian and Erlach, discloses the combustion method according to claim 26, wherein the dehumidified gas has all or some of its pollution removed before a portion of this dehumidified gas is recycled at an inlet of the oxidizing gas production unit (“The vapor condenser will also further remove particulate matter not captured in the particulate filter 22” column 3, line 19. Zakarian additionally teaches a secondary pollution removal step).
Regarding claim 30, Baudhuin, as modified by Zakarian and Erlach, discloses the combustion method according to claim 19, wherein the carbon dioxide is captured from the non-recycled portion of the dehumidified gas (“If carbon dioxide is to be recovered, the excess gas in line 30 proceeds to a gas clean up system 41” column 4, line 10 and “A portion of the carbon dioxide is transformed from a gas to a liquid and drained out through a line 49” column 4, line 44).
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Baudhuin, in view of Zakarian, in view of Erlach, and further in view of Grubbstrom (US 20130139738 A1), hereinafter Grubbstrom.
Regarding claims 10-12, Baudhuin, as modified by Zakarian and Erlach, discloses the combustion system according to claim 1, comprising introducind one or more treatment additives into the coolant liquid in order to treat the pollutant(s) potentially captured in the coolant liquid (“The polluted air flows thereafter into a solution of sodium carbonate (Na2CO3) 22a or in the alternative. of 10% solution of sodium hydroxide (NaOH) which has been previously cooled to about 32 degrees F. by a helix-type coil 21a through which a suitable coolant is forced, such as water, Freon, ammonia solution and the like” column 2, line 47 as taught by Zakarian).
Baudhuin, as modified by Zakarian and Erlach, does not disclose:
a supply device suitable for introducing one or more treatment additives into the coolant liquid, in order to treat the pollutant(s) potentially captured in the coolant liquid;
at least one sensor to measure the pH of the coolant liquid or measure concentration of at least one pollutant in the coolant liquid, and a supply device suitable for automatically introducing one or more treatment additives into the coolant liquid, depending on the measured pH or the measured concentration;
wherein said at least one treatment additive is a base, and more particularly NaOH, KOH, Ca(OH)2 or is an acid and more particularly sulfuric acid, or is hydrogen peroxide, or is a flocculating agent.
However, Grubbstrom teaches:
a supply device suitable for introducing one or more treatment additives into the coolant liquid, in order to treat the pollutant(s) potentially captured in the coolant liquid;
at least one sensor to measure the pH of the coolant liquid or measure concentration of at least one pollutant in the coolant liquid, and a supply device suitable for automatically introducing one or more treatment additives into the coolant liquid, depending on the measured pH or the measured concentration;
wherein said at least one treatment additive is a base, and more particularly NaOH, KOH, Ca(OH)2 or is an acid and more particularly sulfuric acid, or is hydrogen peroxide, or is a flocculating agent (“A pH-sensor 82 is operative for measuring the pH of the cooling liquid being forwarded in the pipe 52. A control unit 84 is operative for receiving a signal from the pH-sensor 82. The control unit 84 is operative for controlling the supply of an alkaline substance from an alkaline substance storage 86. The alkaline substance may, for example, be sodium hydroxide, NaOH, in an aqueous solution. Hence, the control unit 84 is operative for comparing the pH as measured by means of the pH sensor 82 to a pH set point. When the pH measured by the pH sensor 82 is below the pH setpoint the control unit 84 sends a signal to an alkali supply device in the form of a pump 88 to the effect that alkaline substance is to be pumped from the storage 86 via a pipe 90 to the pipe 52 in order to increase the pH of the cooling liquid” paragraph [0045]).
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In view of Grubbstrom’s teachings, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the supply device as is taught in Grubbstrom, in the combustion system disclosed by Baudhuin because monitoring the additive will ensure the correct amount of additive is present for the removal of pollutants. Furthermore, the court has held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art. In this case, Zakarian teaches including an additive to improve the removal of pollutants, but does not provide an automatic means to replace manually adjusting the additive. Grubbstrom teaches automatic means for adjusting the pollutant reducing additive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Yaryan (US 0280549 A)
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McMillan (US 2858621 A) “The flow of cool water continues until the temperature of the water in the reservoir has dropped sufficiently for the thermostat 58 to open and shut off valve 52. Thus, the water is maintained sufficiently cool where efficient condensation can take place”
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Altay (WO 2013110545 A2)
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Unezaki (US 20140250930 A1) “a controller 60 which controls the entirety of the dehumidifying apparatus 1 is further provided at the machine chamber 30 side. The controller 60 is composed of a microcomputer and includes a CPU, a RAM, a ROM, and the like, and a control program is stored in the ROM. The controller 60 performs various control such as control of a later-described dehumidification operation (switching of the four-way valve 3 in accordance with detection signals of the temperature and humidity sensor 50, etc.), control of a rotation speed of the fan 8, control of a rotation speed of the compressor 2, and control of the opening degree of the expansion valve 5”
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/LOGAN P JONES/Examiner, Art Unit 3762