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: 500, 639. 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.
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 1 is objected to because of the following informalities: The punctuation (“,” or “.”) after “as a fourth portion of water” cannot be clearly identified and appears to be in error for “;”. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: “the” appears to be missing prior to “first media first end”. Appropriate correction is required.
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.
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: “evaporative cooling medium” i.e. “medium” [generic placeholder] for “evaporative cooling” [functional language] in claims 1-20.
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. In the case of evaporative cooling medium, pad is found to be the corresponding structure from the specification.
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.
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.
Claim 3 is 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 3 recites the limitations “a first media portion exterior edge” and “a second media portion exterior surface”. It is unclear if these are the same or different from the first media portion and second media portion of claim 1. It is believed that they are the same and that the claim should refer to an exterior edge of the first media portion and an exterior surface of the second media portion.
Claim 6 is 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.
The term “elongated” in claim 6 is a relative term which renders the claim indefinite. The term “elongated” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear how “elongated” the deflector must be (and with respect to what) to meet or fail to meet the claim. To expedite prosecution, any degree of elongation is considered to meet the claim.
Claims 12-16 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 12 refers to “a second plurality”, “a second central axis”, “a second row”, “a second angle”, “a second vertical plane”, “a second radius”, “a third media portion” and a “fourth media portion”. It is unclear whether the second evaporative medium also includes first and second media portions, and whether the second water header also includes first central axis, row, etc. Examiner notes that it appears that Applicant is attempting to use the terms as a naming convention, but this is unclear since Applicant iterates with respect to claim 1 and iterates within the claim. Additionally, claim 12 refers to “a sixth” portion of water and “fourth” and “fifth” temperatures, which do not find reference iterating from claim 1. It is recommended that Applicant remove redundant iteration from the components specific to claim 12. See also claim 14, which includes the same redundancy when referring to the deflector shield. Claims 13-16 are rejected insofar as they are dependent on claim 12 and therefore include the same error(s).
Claim 13 is 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 13 recites the limitations “a third media portion exterior edge” and “a fourth media portion exterior surface”. It is unclear if these are the same or different from the third media portion and fourth media portion of claim 12. It is believed that they are the same and that the claim should refer to an exterior edge of the third media portion and an exterior edge of the fourth media portion.
Claim 14 is 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.
The term “elongated” in claim 14 is a relative term which renders the claim indefinite. The term “elongated” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear how “elongated” the deflector must be (and with respect to what) to meet or fail to meet the claim. To expedite prosecution, any degree of elongation is considered to meet the claim.
Claim 19 is 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 19 recites the limitations “a first media portion exterior edge” and “a second media portion exterior surface”. It is unclear if these are the same or different from the first media portion and second media portion of claim 17. It is believed that they are the same and that the claim should refer to an exterior edge of the first media portion and an exterior surface of the second media portion.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, and 3-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsimerman (US 5,349,829).
Regarding claim 1, Tsimerman shows a cooling device (Figure 3/Figure 1), comprising:
a water header pipe (see at least Figure 3, pipe fed by pump #556; Figure 1, pipe feeding manifold #162) having a plurality of drain holes arranged in a row that is parallel with a central axis of the water header pipe (see at least nozzle openings of manifolds #162 or #560/#562/#564/#566; column 7, line 65 through column 8, line 1), the row being oriented at an angle measured between a radius to the central axis of the water header pipe and a vertical plane passing through the central axis (the manifold(s) and associated nozzles are at an angle of 0 with respect to a radius of the pipe), the water header pipe being configured to receive a supply of water and discharge a first portion of water through the plurality of drain holes (see at least column 7, line 65 through column 8, line 1); and
an evaporative cooling medium (see at least #136/#140 or #544/#540; column 7, lines 25-29) comprising a first media portion (see at least evaporative media layer #125 or #544) and a second media portion (see at least evaporative media layer #140 or #540), the first media portion having a first media first end (i.e. top), a first media second end (i.e. bottom), and a first media body (i.e. between top and bottom), the first media first end being configured to receive the first portion of water (see at least from manifolds #162 or #560/#562/#564/#566), the first media body being configured to conduct the received first portion of water within the first media body as a second portion of water (i.e. within layer #136 or #544), the first media second end being configured to discharge a third portion of water (i.e. through the bottom); and
the second media portion having a second media first end (i.e. top), a second media second end (i.e. bottom), and a second media body (i.e. between top and bottom), the second media first end being configured to receive the third portion of water (i.e. through the top), the second media body being configured to conduct the received third portion of water within the second media body as a fourth portion of water (i.e. within layer #140 or #540),
wherein the second media body is configured to receive a first inflow of air at a first temperature and discharge a first outflow of air at a second temperature that is lower than the first temperature, the first outflow of air being cooled by evaporative cooling of the fourth portion of water (see curved arrows indicating airflow: the claimed functions are inherent to the cooler of Figure 3 and media layers #136/#140 or #540/#544).
Regarding claim 3, Tsimerman further shows wherein the first portion of water is directed to a first media portion exterior edge (i.e. top of layer #136 or #544), and wherein the second portion of water is configured to initially saturate a second media portion exterior surface (i.e. bottom of layer #136 or #544).
Regarding claim 4, Tsimerman further shows wherein the first media body includes a first plurality of channels arranged in a substantially vertical manner (see at least column 5, lines 62-65; column 19, lines 17-21: the materials listed will include a plurality of channels in both the vertical and horizonal directions), and
wherein the second media body includes a second plurality of channels arranged in a substantially horizontal manner, orthogonal to the first plurality of channels (see at least column 5, lines 62-65; column 19, lines 17-21: the materials listed will include a plurality of channels in both the vertical and horizonal directions).
Regarding claim 5, Tsimerman further shows wherein at least one of the first media portion and the second media portion include cellulose (see at least column 5, lines 62-65; column 19, lines 17-21).
Regarding claim 6, Tsimerman further shows further comprising:
an elongated deflector shield (see at least manifold #162) disposed to at least partially surround an upper portion of the water header pipe (see at least about nozzles #164), the elongated deflector shield being configured to at least one of protect the upper portion of the water header pipe and redirect water from the water header pipe in a direction toward the first media first end (inherent to design of manifold #162 about nozzles #164).
Regarding claim 7, Tsimerman further shows wherein the elongated deflector shield includes a lower portion with a lower edge portion that is laterally displaced from a second vertical plane that is coplanar with an outer surface of the first media portion (see at least manifold #162 has a lower edge that is laterally offset from a vertical plane aligned with the side of media #136).
Regarding claim 8, Tsimerman further shows wherein the second media second end is configured to discharge a fifth portion of water (i.e. through the bottom of layer #540), the device further comprising:
a reservoir configured to collect the fifth portion of water as a collected fifth portion of water (see at least reservoir #550); and
a pump configured to transport the collected fifth portion of water and provide the supply of water to the water header pipe (see at least pump #556).
Regarding claim 9, Tsimerman further shows wherein the pump has a pump profile that is limited to at least one of avoid overspray, avoid bouncing off first media first end, and promote capture and conduction of water in the first media portion (see at least pump #556: to the extent that the structure matches that claimed, it is presumed to meet the claimed function(s)).
Regarding claim 10, Tsimerman further shows wherein the supply of water is provided to one of a center portion of the water header pipe and an end portion of the water header pipe, wherein at least one end portion of the water header pipe is closed (see at least manifolds #560/#562/#564/#566: the far end of the pipe relative to pump #556 is closed and both center and end portions of the header pipe receive water).
Claim(s) 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsimerman (US 5,349,829).
Regarding claim 11, Tsimerman shows a cooling system, comprising the cooling device of claim 1 (see at least rejection of claim 1, above), the system further comprising:
a gas cooler disposed adjacent to the evaporative cooling medium and configured to receive the first outflow of air and provide a second outflow of air (see at least lower group of cooling rods #110/#112 receiving first airflow and discharging second airflow as illustrated by the air flow arrows).
Claim(s) 12, and 14-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsimerman (US 5,349,829).
Regarding claim 12, Tsimerman shows a cooling system comprising the cooling device of claim 1 (see rejection of claim 1, above), wherein the water header pipe is a first water header pipe and the evaporative cooling medium is a first evaporative cooling medium (see rejection of claim 1, above), the system further comprising:
a second water header pipe (see at least Figure 3, pipe supplying manifold #356) having a second plurality of drain holes arranged in a second row that is parallel with a second central axis of the second water header pipe (see at least nozzle openings #358 of manifold #356), the second row being oriented at a second angle measured between a second radius to the second central axis of the second water header pipe and a second vertical plane passing through the second central axis (the manifold and associated nozzles are at an angle of 0 with respect to a radius of the pipe), the second water header pipe being configured to receive the supply of water and discharge a sixth portion of water through the second plurality of drain holes (see at least column 6, lines 18-25); and
a second evaporative cooling medium comprising a third media portion (see at least #340) and a fourth media portion (see at least within #507/#505/#503/#501),the third media portion having a third media first end (i.e. top), a third media second end (i.e. bottom), and a third media body (i.e between the top and bottom), the third media first end being configured to receive the sixth portion of water (see at least from manifold #356), the third media body being configured to conduct the received sixth portion of water within the third media body as a seventh portion of water (i.e. from top to bottom), the third media second end being configured to discharge an eighth portion of water (see at least to pan #370); and
the fourth media portion having a fourth media first end (i.e. top), a fourth media second end (i.e. bottom), and a fourth media body (i.e. between top and bottom), the fourth media first end being configured to receive the eighth portion of water (via lines #380/#390), the fourth media body being configured to conduct the received eighth portion of water within the fourth media body as a ninth portion of water (i.e. from top to bottom),
wherein the fourth media body is configured to receive a second inflow of air at a fourth temperature and discharge a third outflow of air at a fifth temperature that is lower than the fourth temperature, the third outflow of air being cooled by evaporative cooling of the ninth portion of water (see arrows indicating airflow: the claimed functions are inherent to the cooler of Figure 3 and media layers within #507/#505/#503/#501).
Regarding claim 14, Tsimerman further shows further comprising:
a second elongated deflector shield (see at least manifold #356) disposed to at least partially surround a second upper portion of the second water header pipe (see at least about nozzles #358), the second elongated deflector shield being configured to at least one of protect the second upper portion of the second water header pipe and redirect water from the second water header pipe in a direction toward the third media first end (inherent to design of manifold #356 about nozzles #358), wherein the second elongated deflector shield includes a second lower portion with a second lower edge portion that is laterally displaced from a fourth vertical plane that is coplanar with a second outer surface of the third media portion (see at least manifold #356 has a lower edge that is laterally offset from a vertical plane aligned with the side of media #340).
Regarding claim 15, Tsimerman further shows further comprising:
a first gas cooler disposed adjacent to the first evaporative cooling medium and configured to receive the first outflow of air and provide a second outflow of air (see at least lower group of cooling rods #110/#112 (across media #544) receiving first airflow and discharging second airflow as illustrated by the upward looping air flow arrows).
a second gas cooler disposed adjacent to the second evaporative cooling medium and configured to receive the third outflow of air and provide a fourth outflow of air (see at least upper group of cooling rods #110/#112 (across media within #507/#505/#503#501) receiving first airflow and discharging second airflow as illustrated by the downward looping air flow arrows).
Regarding claim 16, Tsimerman further shows further comprising:
at least one fan unit (see at least fan unit #330/#332) configured to receive the second outflow of air and the fourth outflow of air and expel a fifth outflow of air (see at least air in is capable of receipt of at least part of the second and fourth airflow discharged at lower “air out” and will expel a fifth portion at upper “air out”).
Claim(s) 17, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsimerman (US 5,349,829).
Regarding claim 17, Tsimerman shows a cooling method, comprising:
discharging a first portion of water from a water header pipe (see at least Figure 3, pipe fed by pump #556) with a plurality of drain holes arranged in a row that is parallel with a central axis of the water header pipe (see at least nozzle openings of manifolds #560/#562/#564/#566; column 7, line 65 through column 8, line 1), the row oriented at an angle measured between a radius to the central axis of the water header pipe and a vertical plane that passes through the central axis (the manifolds and associated nozzles are at an angle of 0 with respect to a radius of the pipe);
receiving the first portion of water at a first media first end of a first media portion (see at least to of evaporative media layer #544; column 7, lines 25-29);
conducting the first portion of water within a first media body of the first media portion as a second portion of water (i.e. within layer #544), the first media body includes a first plurality of channels arranged in a substantially vertical manner (see at least column 5, lines 62-65; column 19, lines 17-21: the materials listed will include a plurality of channels in both the vertical and horizonal directions);
discharging the second portion of water as a third portion of water from a first media second end of the first media portion (i.e. at bottom of layer #544);
receiving the third portion of water at a second media first end of a second media portion (i.e. at top portion of evaporative media layer #540; column 7, lines 25-29);
conducting the third portion of water within a second media body as a fourth portion of water (i.e. within layer #540), the second media body includes a second plurality of channels arranged in a substantially horizontal manner (see at least column 5, lines 62-65; column 19, lines 17-21: the materials listed will include a plurality of channels in both the vertical and horizonal directions);
receiving a first inflow of air at a first temperature into the second media body (see at least curved arrows indicating incoming airflow);
cooling the first inflow of air by evaporative cooling of the fourth portion of water in the second media body to provide a first outflow of air at a second temperature that is lower than the first temperature (see curved arrows indicating airflow: the claimed functions are inherent to the cooler of Figure 3 and media layers #540/#544); and
discharging the first outflow of air (see at least “air out”).
Regarding claim 19, Tsimerman further shows wherein the first portion of water is directed to a first media portion exterior edge (i.e. top of layer #544), and wherein the fourth portion of water is configured to initially saturate a second media portion exterior surface (i.e. top or bottom of layer #540).
Regarding claim 20, Tsimerman further shows further comprising:
discharging the fourth portion of water as a fifth portion of water from a second media second end of the second media portion (i.e. at bottom of layer #540);
collecting the fifth portion of water as a collected fifth portion of water (i.e. in reservoir #550); and
pumping at least a portion of the collected fifth portion of water to provide a supply of water to the water header pipe (see at least via pump #556).
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsimerman (US 5,349,829).
Tsimerman discloses all the elements of claim 1, upon which claims 2 depends (see rejection above).
Regarding claim 2, Tsimerman is silent regarding wherein the angle is between at least 10-degrees to not more than 40-degrees.
There is no evidence of record that establishes that providing wherein the angle is between at least 10-degrees to not more than 40-degrees would result in a difference in function of the Tsimerman system/method. Further, a person having ordinary skill in the art, being faced with modifying the system/method of Tsimerman, would have reasonable expectation of success in making such a modification and it appears that the system would function as intended being given the claimed angle. Lastly, Applicant has not disclosed that the claimed angle solves any stated problem, indicating that the angle can be greater or lower than the claimed range depending on pad thickness (see paragraph [0026]), and therefore there appears to be no criticality placed on the angle as claimed such that it produces an unexpected result.
It would, therefore, have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the system/method of Tsimerman with wherein the angle is between at least 10-degrees to not more than 40-degrees as an obvious matter of design choice within the skill of the art.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsimerman (US 5,349,829).
Tsimerman discloses all the elements of claim 12, upon which claim 13 depends (see rejection above).
Regarding claim 13, Tsimerman further discloses wherein the sixth portion of water is directed to a third media portion exterior edge (i.e. top of #340), wherein the eighth portion of water is configured to initially saturate a fourth media portion exterior surface (i.e. top of media layers within #507/#505/#503/#501), wherein at least one of the third media portion and the fourth media portion include cellulose (see at least column 5, lines 62-65; column 19, lines 17-21).
Tsimerman is silent regarding wherein the angle is between at least 10-degrees to not more than 40-degrees.
There is no evidence of record that establishes that providing wherein the angle is between at least 10-degrees to not more than 40-degrees would result in a difference in function of the Tsimerman system/method. Further, a person having ordinary skill in the art, being faced with modifying the system/method of Tsimerman, would have reasonable expectation of success in making such a modification and it appears that the system would function as intended being given the claimed angle. Lastly, Applicant has not disclosed that the claimed angle solves any stated problem, indicating that the angle can be greater or lower than the claimed range depending on pad thickness (see paragraph [0026]), and therefore there appears to be no criticality placed on the angle as claimed such that it produces an unexpected result.
It would, therefore, have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the system/method of Tsimerman with wherein the angle is between at least 10-degrees to not more than 40-degrees as an obvious matter of design choice within the skill of the art.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsimerman (US 5,349,829).
Tsimerman discloses all the elements of claim 17, upon which claim 18 depends (see rejection above).
Regarding claim 18, Tsimerman is silent regarding wherein the angle is between at least 10-degrees to not more than 40-degrees.
There is no evidence of record that establishes that providing wherein the angle is between at least 10-degrees to not more than 40-degrees would result in a difference in function of the Tsimerman system/method. Further, a person having ordinary skill in the art, being faced with modifying the system/method of Tsimerman, would have reasonable expectation of success in making such a modification and it appears that the system would function as intended being given the claimed angle. Lastly, Applicant has not disclosed that the claimed angle solves any stated problem, indicating that the angle can be greater or lower than the claimed range depending on pad thickness (see paragraph [0026]), and therefore there appears to be no criticality placed on the angle as claimed such that it produces an unexpected result.
It would, therefore, have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the system/method of Tsimerman with wherein the angle is between at least 10-degrees to not more than 40-degrees as an obvious matter of design choice within the skill of the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAVIA SULLENS whose telephone number is (571)272-3749. The examiner can normally be reached M-R 6:30-4:30 Eastern.
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/TAVIA SULLENS/Primary Examiner, Art Unit 3763