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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Items 1020 and 1022 of Figure 10. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 2-14 are objected to because of the following informalities:
Claims 2-13, line 1: “The device” should read “The zero-refrigerant cooling device”
Claim 14, line 2: “providing the device as described in claim 1” should read “providing the zero-refrigerant cooling device as described in claim 1”
Claims 3-6 are also objected to by virtue of their dependency on claim 2.
Claim 8 is also objected to by virtue of its dependency on claim 7.
Claims 10-12 are also objected to by virtue of their dependency on claim 9.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-8 and 13-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites the limitation "the first insulating barrier" in line 2. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing “the first insulating barrier” in line 2 of claim 7 to “a first insulating barrier”.
Claim 13 recites the limitation "the device" in line 1. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing “the device” in line 1 of claim 13 to “the zero-refrigerant cooling device” which is given proper antecedent basis in claim 1 from which claim 13 depends.
Claim 14 recites the limitation "the cooling chamber" in line 4. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing “the cooling chamber” in line 4 of claim 14 to “the cooling chamber section” which is given proper antecedent basis in claim 1 from which claim 14 depends.
Claim 14 recites the limitation "the cooling chamber" in line 5. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing “the cooling chamber” in line 5 of claim 14 to “the cooling chamber section” which is given proper antecedent basis in claim 1 from which claim 14 depends.
Claim 14 recites the limitation "the high-speed fan" in line 6. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing “the high-speed fan” in line 6 of claim 14 to “the fan” which is given proper antecedent basis in claim 1 from which claim 14 depends.
Claim 14, lines 6-7 recite, “accelerating the released air via the high-speed fan to a first velocity to further cool the air to a second temperature” which is unclear to the Examiner as to how the air temperature is changed by the fan alone as fans do not inherently alter air temperature. For purposes of examination, the Examiner will interpret the claim to require “accelerating the released air via the high-speed fan to a first velocity”.
Claim 14 recites the limitation "the biometric evaporative pad" in line 8. There is insufficient antecedent basis for this limitation in the claim. The Examiner recommends changing “the biometric evaporative pad” in line 8 of claim 14 to “the evaporative pad” which is given proper antecedent basis in claim 1 from which claim 14 depends.
Claim 8 is also rejected by virtue of its dependency on claim 7.
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 and 13-14 rejected under 35 U.S.C. 103 as being unpatentable over Elsarrag (WO 2021245431), hereinafter Elsarrag in view of Baigas, Jr. (US Patent No. 5,776,380), hereinafter Baigas.
Regarding claim 1, Elsarrag discloses a zero-refrigerant cooling device (Fig. 8, climate control apparatus 7e; Pg. 19, lines 28-29, The climate control apparatus 7d of Figure 7 does not comprise a refrigerant and so advantageously can be considered more environmentally friendly; Pg. 20, lines 5-7, Figure 8 depicts an alternative climate control apparatus 7e which may comprise the same preferable and optional features as the climate control apparatus 7a, 7b, 7c, 7d as depicted in Figures 2 to 7), comprising:
a device body having an inlet and an outlet (Fig. 2, first section 8, second section 9, first inlet opening 10; first outlet opening 11; Pg. 9. Lines 27-28, In use, a first air stream 13 is drawn directly or indirectly into the first inlet opening 10, passes through the first path 12 and exits via the first outlet opening 11);
a thermoelectric cooling section positioned at the inlet of the device body comprising at least one thermoelectric cooling module, the thermoelectric cooling module having a hot side and a cold side (See annotated Fig. 8 of Elsarrag below, thermoelectric cooling section A is positioned at the inlet of the climate control apparatus 7e where the first air stream 13 enters and comprises thermoelectric heat pump 37 having a hot side (plate 39) and a cold side (plate 38); Pg. 19, lines 8-13; The thermoelectric heat pump 37 operates on the principle of the Peltier effect and comprises a first plate 38, a second plate 39 between which is located alternate pillars of p-type 40 and n-type 41 semiconductors. When an electrical current flows through the thermoelectric heat pump 37, heat is transferred from the first plate 38 to the second plate 39. The thermoelectric heat pump 37 pumps heat away from the first plate 38 thereby cooling the first plate 38);
the thermoelectric cooling section further comprising a cooling chamber section in which the cold side of the at least one thermoelectric cooling module is positioned (See annotated Fig. 8 of Elsarrag below, thermoelectric cooling section A contains cooling chamber section B in which the first plate 38 is positioned);
a fan configured to drive air from the cooling chamber section toward the outlet of the device body (Fig. 8, first fan 27; Pg. 15, lines 10-11, The first fan 27 draws the first air stream 13 along the first path 12; Further, the first fan 27 of Elsarrag has the same structure as the claimed fan and is capable of functioning in the manner claimed); and
a humidifying section positioned between the fan and the outlet of the device body, the humidifying section comprising an evaporative cooling device (See annotated Fig. 8 of Elsarrag below, humidifying section C is positioned between first fan 27 and the outlet 11 and comprises evaporative cooling device 29; Pg. 15-16, lines 29-35 and 1-5, upon the secondary evaporative cooling device 29 is colder, has a lower moisture content and a lower relative humidity from the first air stream 13 immediately upstream of the water cooing coil 19 as well as the second air stream 18 incident upon the primary evaporative cooling device 24. As such, the secondary evaporative cooling device 29 is able to further cool the water 22 exiting the primary evaporative cooling device 24 as the second air stream 18 incident upon the secondary evaporative cooling device 29 facilitates achieving a lower wet bulb temperature than the wet bulb temperature of the first air stream 13. By controlling the amount of water 22 entering the secondary evaporative cooling device 29, the first air stream 13 may be colder, slightly warmer or its temperature remains unchanged. The secondary evaporative cooling device 29 can also cool the water 22 and regulates the humidity of the first air stream 13 by means of evaporative cooling).
However, Elsarrag does not disclose the evaporative cooling device to be an evaporative pad.
Baigas teaches the evaporative cooling device to be an evaporative pad (Fig. 1, evaporative cooler device 10, evaporative cooler pads 20).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the evaporative cooling device of Elsarrag of claim 1 to be an evaporative cooling pad as taught by Baigas. One of ordinary skill in the art would have been motivated to make this modification because the open nature of the pad allows air to flow freely through the pad, while the longitudinal channels serve to wick water contacting the pad throughout the pad, thus optimizing the cooling efficiency of the pad (Baigas, Abstract).
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Annotated Fig. 8 of Elsarrag
Regarding claim 13, Elsarrag as modified discloses the device of claim 1 (see the combination of references sued in the rejection of claim 1 above), wherein the device is an indoor cooling unit (Elsarrag, Pg. 1, lines 9-11, Air conditioning apparatus known in the art typically comprise a vapour-compression refrigeration cycle. Such devices have a variety of uses ranging from cooling buildings, cars and even outdoor environments; Pg. 2, lines 13-15, A significant disadvantage of air conditioning apparatus known in the art, in both indoor and outdoor cooling and heating applications, is the significant amounts of energy consumed by such apparatus; Pg. 3, lines 7-9, It is an object of an aspect of the present invention to provide climate control apparatus that obviates or at least mitigates one or more of the aforesaid disadvantages of related air conditioning apparatus known in the art; Further, it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01). Therefore, the teachings of Elsarrag as modified at least imply the climate control apparatus can be used as an indoor cooling unit).
Elsarrag as modified disclose a zero-refrigerant cooling method (Fig. 8, climate control apparatus 7e; Pg. 19, lines 28-29, The climate control apparatus 7d of Figure 7 does not comprise a refrigerant and so advantageously can be considered more environmentally friendly; Pg. 20, lines 5-7, Figure 8 depicts an alternative climate control apparatus 7e which may comprise the same preferable and optional features as the climate control apparatus 7a, 7b, 7c, 7d as depicted in Figures 2 to 7), comprising:
providing the device as described in claim 1 (see the combination of references sued in the rejection of claim 1 above);
cooling room temperature air to a first temperature via thermoelectric cooling (Elsarrag, Pg. 19, lines 15-26, The thermoelectric heat pump 37 is utilised in the embodiment of Figure 7 to cool the first air stream 13. Water 22' within a water loop 35 is circulated between the first plate 38 and a secondary water cooling coil 36 which is located along the first path 12 after the primary water cooling coil 19. The water cooling coil 36 extracts heat from the first air stream 13, the water 22' transfers it to the first plate 38 of the thermoelectric heat pump 37, the thermoelectric heat pump 37 pumps heat to the second plate 39 which is in turn transferred to a hot water heat exchanger 42. Water 22' within another water loop 35 circulating between the second plate 39 to the hot water heat exchanger 42 transfers heat to the hot water heat exchanger 42. The hot water heat exchanger 42 is located along the second path 17 after the primary evaporative cooling device 24. The hot water heat exchanger 42 exhausts heat into the second air stream 18 of the cools the first air stream 13);
storing the first temperature air in the cooling chamber;
releasing the first temperature air from the cooling chamber;
accelerating the released air via the high-speed fan to a first velocity to further cool the air to a second temperature (Elsarrag, Pg. 15, lines 10-11, The first fan 27 draws the first air stream 13 along the first path 12; Further, the teachings of Elsarrag at least imply the first air stream 13 that is cooled via the thermoelectric heat pump is stored in the cooling chamber section B and then released from the cooling chamber section B as it is pulled via the first fan 27 from the first inlet 10 to the first outlet 11 since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01); As best understood, see 112(b) rejections above);
passing the air at the second temperature through the biomimetic evaporative pad to humidify the air and to further cool the air to a third temperature (Elsarrag, Pg. 15-16, lines 29-35 and 1-5, upon the secondary evaporative cooling device 29 is colder, has a lower moisture content and a lower relative humidity from the first air stream 13 immediately upstream of the water cooing coil 19 as well as the second air stream 18 incident upon the primary evaporative cooling device 24. As such, the secondary evaporative cooling device 29 is able to further cool the water 22 exiting the primary evaporative cooling device 24 as the second air stream 18 incident upon the secondary evaporative cooling device 29 facilitates achieving a lower wet bulb temperature than the wet bulb temperature of the first air stream 13. By controlling the amount of water 22 entering the secondary evaporative cooling device 29, the first air stream 13 may be colder, slightly warmer or its temperature remains unchanged. The secondary evaporative cooling device 29 can also cool the water 22 and regulates the humidity of the first air stream 13 by means of evaporative cooling); and
releasing the humidified air at the third temperature to a room (Elsarrag, Pg. 1, lines 9-11, Air conditioning apparatus known in the art typically comprise a vapour-compression refrigeration cycle. Such devices have a variety of uses ranging from cooling buildings, cars and even outdoor environments; Pg. 2, lines 13-15, A significant disadvantage of air conditioning apparatus known in the art, in both indoor and outdoor cooling and heating applications, is the significant amounts of energy consumed by such apparatus; Pg. 3, lines 7-9, It is an object of an aspect of the present invention to provide climate control apparatus that obviates or at least mitigates one or more of the aforesaid disadvantages of related air conditioning apparatus known in the art; Further, it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01). Therefore, the teachings of Elsarrag as modified at least imply the climate control apparatus can be used as an indoor cooling unit meaning the conditioned air would be supplied to a room).
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Elsarrag as modified by Baigas as applied to claim 1 above, and further in view of Gillen (US Patent No. 6,345,507), hereinafter Gillen.
Regarding claim 2, Elsarrag as modified discloses the device of claim 1 (see the combination of references sued in the rejection of claim 1 above), wherein the thermoelectric cooling section further comprises:
at least one hot side heatsink connected to the hot side of the at least one thermoelectric cooling module (Elsarrag, Fig. 8, hot water heat exchanger 42);
at least one cold side heatsink connected to the cold side of the at least one thermoelectric cooling module (Elsarrag, Fig. 8, primary water cooling coil 19).
However, Elsarrag as modified does not disclose wherein the thermoelectric cooling section further comprises:
at least one hot side fan connected to the at least one hot side heatsink opposite the hot side of the at least one thermoelectric cooling module; and
at least one cold side fan connected to the at least one cold side heatsink opposite the cold side of the at least one thermoelectric cooling module.
Gillen teaches wherein the thermoelectric cooling section (Fig. 1, TEC 1) further comprises:
at least one hot side fan connected to the at least one hot side heatsink opposite the hot side of the at least one thermoelectric cooling module (Fig. 3, power pack heat sinks 53, hot side fans 69); and
at least one cold side fan connected to the at least one cold side heatsink opposite the cold side of the at least one thermoelectric cooling module (Fig. 3, cold side heat sinks 52, cold side fan 46).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the thermoelectric cooling section of the device of Elsarrag as modified to include at least one hot side fan connected to the at least one hot side heatsink opposite the hot side of the at least one thermoelectric cooling module and at least one cold side fan connected to the at least one cold side heatsink opposite the cold side of the at least one thermoelectric cooling module as taught by Gillen. One of ordinary skill in the art would have been motivated to make this modification to improve the overall heat transfer efficiencies of the system.
Regarding claim 3, Elsarrag as modified discloses the device of claim 2 (see the combination of references sued in the rejection of claim 2 above).
However, Elsarrag as modified does not disclose the thermoelectric cooling section further comprising a first insulating barrier fixedly attached to the at least one thermoelectric cooling module and configured to thermally isolate the hot side of the at least one thermoelectric cooling module from the cold side of the at least one thermoelectric cooling module.
Gillen teaches the thermoelectric cooling section further comprising a first insulating barrier fixedly attached to the at least one thermoelectric cooling module and configured to thermally isolate the hot side of the at least one thermoelectric cooling module from the cold side of the at least one thermoelectric cooling module (Fig. 4, insulation 106; Col. 15, lines 3-7, Insulation 106 is disposed between the sealing frame 100 and the cold side heat sink 52 to secure the thermally conductive spacer blocks 120 and to provide increased thermal isolation between the hot side heat sink 54 and cold side heat sink 52).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the thermoelectric cooling section of the device of Elsarrag as modified to comprise a first insulating barrier fixedly attached to the at least one thermoelectric cooling module and configured to thermally isolate the hot side of the at least one thermoelectric cooling module from the cold side of the at least one thermoelectric cooling module as taught by Gillen. One of ordinary skill in the art would have been motivated to make this modification to provide increased thermal isolation between the hot side and cold side to improve overall system efficiencies (Gillen, Col. 15, lines 3-7).
Regarding claim 4, Elsarrag as modified discloses the device of claim 2 (see the combination of references sued in the rejection of claim 2 above), wherein the at least one thermoelectric cooling module is a Peltier module (Elsarrag, Fig. 8, thermoelectric heat pump 37; Pg. 19, lines 8-13, The thermoelectric heat pump 37 operates on the principle of the Peltier effect and comprises a first plate 38, a second plate 39 between which is located alternate pillars of p-type 40 and n-type 41 semiconductors. When an electrical current flows through the thermoelectric heat pump 37, heat is transferred from the first plate 38 to the second plate 39. The thermoelectric heat pump 37 pumps heat away from the first plate 38 thereby cooling the first plate 38).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Elsarrag as modified by Baigas and Gillen as applied to claim 2 above, and further in view of Tadmor (US 20220390151), hereinafter Tadmor.
Regarding claim 5, Elsarrag as modified discloses the device of claim 2 (see the combination of references sued in the rejection of claim 2 above).
However, Elsarrag as modified does not disclose further comprising at least one spray nozzle positioned on the hot side of the at least one thermoelectric cooling module, configured to spray water on at least one of the hot side heatsink or the hot side fan.
Tadmor teaches further comprising at least one spray nozzle positioned on the hot side of the at least one thermoelectric cooling module, configured to spray water on at least one of the hot side heatsink (Fig. 1, nozzles 111, heatsinks 107, hot side 105h; Pg. 3, paragraph 51, One or more liquid drippers (or nozzles) 111 are provided to wet the heatsinks 107 with coolant. The coolant evaporates on the heatsink, thereby it accelerates the heat dissipation and the total cooling of the series of hot surfaces of the Peltier plates, thus facilitating the cooling effect of the entire apparatus 100).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the device of Elsarrag as modified to include at least one spray nozzle positioned on the hot side of the at least one thermoelectric cooling module, configured to spray water on at least one of the hot side heatsink as taught by Tadmor. One of ordinary skill in the art would have been motivated to make this modification because coolant evaporates on the heatsink, thereby it accelerates the heat dissipation and the total cooling of the series of hot surfaces of the Peltier plates, thus facilitating the cooling effect (Tadmor, Pg. 3, paragraph 51).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Elsarrag as modified by Baigas and Gillen as applied to claim 2 above, and further in view of Boarman (US Patent No. 9,016,070), hereinafter Boarman.
Regarding claim 6, Elsarrag as modified discloses the device of claim 2 (see the combination of references sued in the rejection of claim 2 above).
However, Elsarrag as modified does not disclose wherein a surface of the device body fluidly connected to the hot side of the at least one thermoelectric cooling module comprises a phase change material positioned on the surface of the device body.
Boarman teaches wherein a surface of the device body fluidly connected to the hot side of the at least one thermoelectric cooling module comprises a phase change material positioned on the surface of the device body (Fig. 2, liner 14, thermal batter 34, thermoelectric cooler 32; Col. 4, lines 15-36, The thermal battery 34 and ice making system26 of FIG. 2 work as follows. The thermoelectric cooler 32 is energized by electricity or other energy source. The powering of the thermoelectric cooler 32 cools one side while raising the temperature of the opposite side. Thus, the cool side is positioned adjacent the ice maker 28. As water is added to the ice maker 28, the heat of the water is absorbed by the cool side of the thermoelectric cooler 32 to reduce the temperature of the water to below freezing, thus forming ice cubes. The ice cubes are then ejected into the ice container 30. In order to prevent the thermoelectric cooler 32 from overheating from the absorption of too much heat, a cooling loop 38 is added between the thermal battery 34 and the thermoelectric cooler 32. The cooling loop 38 moves in a direction generally shown by the arrow 39 of FIG. 2. The cooling loop 38 includes a coolant, which may be water. The coolant is passed from the thermal battery 34 to the heated or warm side of the thermoelectric cooler 32 to absorb heat and act as a heat sync for the thermoelectric cooler 32. The warmed water will then be directed back to the thermal battery 34 where the thermal battery 34 will absorb heat from the water, thus re-cooling the water to a lower temperature).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the device body of the device of Elsarrag as modified wherein a surface of the device body fluidly connected to the hot side of the at least one thermoelectric cooling module comprises a phase change material positioned on the surface of the device body as taught by Boarman. One of ordinary skill in the art would have been motivated to make this modification in order to prevent the thermoelectric cooling module from overheating from the absorption of too much heat (Boarman, Col. 4, lines 24-28).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Elsarrag as modified by Baigas as applied to claim 1 above, and further in view of Bell (US 20080250794), hereinafter Bell.
Regarding claim 7, Elsarrag as modified discloses the device of claim 1 (see the combination of references sued in the rejection of claim 1 above), wherein the cooling chamber section further comprises a chamber defined by the device body (Elsarrag, Fig. 8, first flow path 12).
However, Elsarrag as modified does not disclose wherein the cooling chamber section further comprises the first insulating barrier and a second insulating barrier positioned opposite the first insulating barrier; and
wherein the second insulating barrier comprises an aperture facing the fan, wherein the fan is configured to draw air from the aperture.
Bell teaches wherein the cooling chamber section further comprises the first insulating barrier and a second insulating barrier positioned opposite the first insulating barrier (Fig. 5 of Bell depicts insulative insets 506 to be disposed on throughout the housing 502 surrounding the ducts 507 and 508; Pg. 3, paragraph 39, several inserts 506, together forming main side duct 507 and waste side duct 508. Advantageously, the inserts are insulative); and
wherein the second insulating barrier comprises an aperture facing the fan, wherein the fan is configured to draw air from the aperture (See annotated Fig. 5 of Bell below, aperture D is facing flow director 512 is disposed to allow air to be drawn therethrough; Pg. 4, paragraph 42, Air leaving the main side heat exchanger 510 passes through the flow director 512 that the user may adjust to direct the flow according to desires).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the cooling chamber section of the device of Elsarrag as modified to include a first insulating barrier and a second insulating barrier positioned opposite the first insulating barrier and wherein the second insulating barrier comprises an aperture facing the fan, wherein the fan is configured to draw air from the aperture as taught by Bell. One of ordinary skill in the art would have been motivated to make this modification to improve the overall heat transfer efficiencies of the system.
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Annotated Fig. 5 of Bell
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Elsarrag as modified by Baigas and Bell as applied to claim 7 above, and further in view of Car (US Patent No. 7,603,875), hereinafter Carr.
Regarding claim 8, Elsarrag as modified discloses the device of claim 7 (see the combination of references sued in the rejection of claim 7 above).
However, Elsarrag as modified does not disclose wherein the aperture is a 5 cm square.
Carr teaches a minimum inlet opening for fan in a cooling deice to have a minimum diameter of 2 inches (Fig. 1, opening 10, fan 13; Col 3, lines 14-24, A fan is positioned in one of the openings. The term "fan" is intended to encompass an electric motor attached to blades or vanes, which are aligned to move air when rotated. The fan is pointed to direct a stream of air downward, into the compartment of the chest. In one embodiment of the invention, the fan is an axial flow, propeller fan. Preferably, the fan is powered by a direct current (DC) motor. The fan may have multiple speeds, for example high and low speeds, which can be controlled by a suitable switch. By way of example, the dimensions of the opening in the lid for the fan may range from 2 to 8 inches in diameter; Further, 2 inches is approximately 5 cm; Moreover, it has been held a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (Claimed process which was performed at a temperature between 40°C and 80°C and an acid concentration between 25% and 70% was held to be prima facie obvious over a reference process which differed from the claims only in that the reference process was performed at a temperature of 100°C and an acid concentration of 10%). MPEP § 2144.05-I.). Further, Regarding the shape of the aperture, the courts have held that a change in shape alone, without demonstration of the criticality of a specific limitation, may be considered obvious to a person of ordinary skill in the art. “In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), [t]he court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.” MPEP § 2144.04-IV-B.
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the aperture of Elsarrag as modified to be 5 cm square as taught by Carr. One of ordinary skill in the art would have been motivated to make this modification to optimize the airflow though the fan to improve overall system efficiencies.
Claims 9-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Elsarrag as modified by Baigas as applied to claim 1 above, and further in view of Monroe (US Patent No. 6,418,728), hereinafter Monroe.
Regarding claim 9, Elsarrag as modified discloses the device of claim 1 (see the combination of references sued in the rejection of claim 1 above), wherein the humidifying section further comprises:
a reservoir positioned beneath the evaporative pad (Elsarrag, Fig. 8, water tank 20).
However, Elsarrag as modified does not disclose a tube having a first end positioned at a top end of the evaporative pad; and
a water pump having an inlet in the reservoir, and having an outlet connected to a second end of the tube, configured to pump a liquid from the reservoir to the top end of the evaporative pad via the tube.
Monroe teaches a tube having a first end positioned at a top end of the evaporative pad (See annotated Fig. 1 of Monroe below, tube E has a first end positioned over a top end of evaporative heat exchanger 12; Col. 10, lines 51-56, Water is sprayed from the nozzles 11 and trickles down over the heat exchanger 12 while ambient air was moved upward past the droplets of water. This results in a very economical and effective counterflow heat exchange that could cools both water and air to approximately the wet bulb temperature of the outdoor air); and
a water pump having an inlet in the reservoir, and having an outlet connected to a second end of the tube, configured to pump a liquid from the reservoir to the top end of the evaporative pad via the tube (See annotated Fig. 1 of Monroe below, water circulating pump 13 has inlet G located in the reservoir F and connected to a second end of the tube E; Further, the water circulating pump 13 has the same structure as the claimed water pump and is capable of functioning in the manner claimed).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the humidifying section of the device of Elsarrag as modified to include a tube having a first end positioned at a top end of the evaporative pad and a water pump having an inlet in the reservoir, and having an outlet connected to a second end of the tube, configured to pump a liquid from the reservoir to the top end of the evaporative pad via the tube as taught by Monroe. One of ordinary skill in the art would have been motivated to make this modification to provide a sufficient supply of water to the evaporative pad to improve overall system efficiencies.
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Annotated Fig. 1 of Monroe
Regarding claim 10, Elsarrag as modified discloses the device of claim 9 (see the combination of references sued in the rejection of claim 9 above), wherein the evaporative pad comprises a curvilinear shape including at least one ventilation void, at least one protrusion configured for temporary liquid storage, and at least one smooth pathway configured to enhance liquid distribution (Baigas, Fig. 3, lobes 40, channels 42; Col. 4, lines 40-61, As illustrated in FIG. 3. preferred fibers include a plurality of peaks or "lobes" 40 extending radially outwardly from the axis of the fibers to form a plurality of grooves or channels 42 extending along the longitudinal axis thereof. The staple fibers can have at least about four radial projections or more. The multi-lobed cross-sectional configuration creates substantially increased surface area in the body 21 so that the available surface area of the pad 20 for contact by water is accordingly increased. Further. the multi-lobed structure produces a capillary type effect when contacted by water. Thus. when the pad 20 of the invention is contacted by water in use. the grooves along the longitudinal axis of the multi-lobed fibers serve to wick the water along the fibers of pad 20 to substantially increase the surface area of the pad 20 contacted by the water when the air is flowing through the pad 20. This optimizes the relative cooling efficiency of the pad 20 through maximum utilization of the pad 20 for water evaporation. Thus. the staple fibers exhibit hydrophilic properties. even when the staple fibers are formed of a polymer which is inherently hydrophobic). Further, the limitations of claim 10 are the result of the modification of references used in the rejection of claim 9 above.
Regarding claim 12, Elsarrag as modified discloses the device of claim 9 (see the combination of references sued in the rejection of claim 9 above), wherein at least a portion of the tube is positioned over at least a portion of a top surface of the evaporative pad, and wherein the tube comprises one or more apertures along a length of the tube configured to deposit water on the top surface of the evaporative pad (See annotated Fig. 1 of Monroe below, a portion of tube E is depicted to be positioned over a portion of the top surface of the evaporative heat exchanger 12 and comprises spray nozzles 11 along a length of the tube E; Col. 10, lines 51-56, Water is sprayed from the nozzles 11 and trickles down over the heat exchanger 12 while ambient air was moved upward past the droplets of water. This results in a very economical and effective counterflow heat exchange that could cools both water and air to approximately the wet bulb temperature of the outdoor air; Further, the nozzles 11 of Monroe have the same structure as the claimed apertures and are capable of functioning in the manner claimed). Further, the limitations of claim 12 are the result of the modification of references used in the rejection of claim 9 above.
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Annotated Fig. 1 of Monroe
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Elsarrag as modified by Baigas and Monroe as applied to claim 9 above, and further in view of Benabdellah et al. (MA 43452), hereinafter Benabdellah.
Regarding claim 11, Elsarrag as modified discloses the device of claim 9 (see the combination of references sued in the rejection of claim 9 above).
However, Elsarrag as modified does not disclose wherein the evaporative pad comprises terracotta.
Benabdellah teaches wherein the evaporative pad comprises terracotta (Abstract, The invention relates to a novel "terracotta" ceramic-based evaporative cooling pad replacing the commercial cooling pad).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the evaporative pad of Elsarrag as modified to comprise terracotta as taught by Benabdellah. One of ordinary skill in the art would have been motivated to make this modification because the advantages of this new cooling pad are the low cost of the material used as well, the environmentally friendly manufacturing processes that do not use harmful chemical materials (Benabdellah, Abstract).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bhatti et al. (US 20100058778) discloses a similar zero-refrigerant cooling device.
Jang (KR 101541846) discloses a similar zero-refrigerant cooling device.
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/DEVON MOORE/Examiner, Art Unit 3763 October 20th, 2025
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763