DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status
This Office Action is in response to the remarks and amendments filed 03/16/2026. The previous objections to the drawings have been withdrawn in light of the amendments filed. The objections to the abstract have been withdrawn in light of the amendments filed. The previous objections to the specification have been withdrawn in light of the amendments filed. The 35 U.S.C. 112(b) rejections have been withdrawn in light of the amendments filed. Claims 6 and 15-17 have been canceled. Claims 21-23 are new. Claims 1-5, 7-14 and 18-23 remain pending for consideration on the merits.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the conditioned flow chamber, recited in claim 21 must be shown or the feature(s) canceled from the claim(s). While ¶ 0059 broadly refers to a “conditioned air flow chamber”, instead of a “conditioned flow chamber”, the description of the Figure 10 does not contain annotation for any structure of a chamber, only depicting process and exhaust air arrows 1020 and 1030. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
The term “supply path”, recited in at least claims 1, 5 and 23 cannot be found in the specification. For the purposes of examination, the limitation(s) will be interpreted as – supply air (path) – in accordance with the description in at least ¶ 0044 and Fig. 3 of the Application, to align with depicted air stream 301 as providing the claimed split portion functionality recited in at least claim 1.
The term “conditioned flow chamber”, recited in at least claim 21 cannot be found in the specification. For the purposes of examination, the limitation(s) will be interpreted as – conditioned air flow chamber – in accordance with the description in at least ¶ 0059 of the Application.
Applicant should amend to provide terminology with precise antecedent bases in the specification to maintain consistency with the drawings.
Claim Objections
Claims 14 and 20 objected to because of the following informalities:
Regarding claim 14, the recitation, “wherein at least one of the first exhaust channel and the exhaust channel receives a second fluid flow at an open portion an upstream side, wherein…” on line 11 of the claim, is believed to contain multiple typographical error. Specifically, Examiner is unclear how to interpret the location “at an open portion an upstream side”.
For the purposes of examination, the limitation(s) will be interpreted as – wherein at least one of the first exhaust channel and the second exhaust channel receives – Applicant should also check the phrasing of “at an open portion an upstream side” when amending.
Regarding Claim 20, the recitation “…fluid feed stream…”, on line 15 of the claim, is believed to contain a typographical error, as the remainder of the amendments have removed the term “feed”. For the purposes of examination, the limitation(s) will be interpreted as – fluid stream –
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8 and 10-23 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dulberg et al. (US 20190154350 A1, hereinafter “Dulberg”).
Regarding Claim 1, Dulberg teaches a mass transfer apparatus [Fig. 5], comprising:
a stack [3000] comprising a plurality of plates [¶ 0089; Dulberg discloses a heat exchanger of fins and tubes assembled to plates (HEFTAP) with at least plates 301, 302)] defining a plurality of channel pairs [312A, 312B], wherein each channel pair of the plurality of channel pairs has a conditioning channel [at least 312B flowing airflow 510B] defined between a first side of a first plate of the plurality of plates and a first adjacent plate of the plurality of plates [plates 301 ,302] and an exhaust channel [at least 312A flowing airflow 510C] defined between a second side of the first plate and a second adjacent plate of the plurality of plates [¶ 0048, 0090-0093, 0111-0113; Figs. 5; at least air stream 510B is provided through 312B while at least air stream 510C is exhausting from 312A, such that the plates are alternately arranged]; and
an air plenum [800; Fig. 8] for distributing air flow [¶ 0140-0141;],
wherein a first fluid stream [at least 510A or 510B; Fig. 5A] flows from an upstream edge of the conditioning channel to a downstream edge of the conditioning channel, and wherein the fluid stream is conditioned within the conditioning channel [¶ 0092-0095; Airstream 552 is provided into 312B to pass over heat exchanger zones (at least 305A, 305B, 305C)];
wherein a second fluid stream flows from an upstream edge of the exhaust channel to a downstream edge of the exhaust channel [¶ 0092-0095; Fig. 5B; air stream 554A is provided at a 180 degree turn into air stream 554 from 552]; and
wherein, for each channel pair, a first portion of the first fluid stream [at least 551A] is provided from a downstream edge of the conditioning channel to a supply path [¶ 0092-0095; Fig. 5B; input stream 551 may diverge into at least two separate streams 551A and 552A, such that 551A, from 551, may flow to path 554, and 552A may flow to another path in another direction 553] and a second portion of the first fluid stream [at least 552A] is provided from the downstream edge of the conditioning channel to an upstream edge of the exhaust channel [Fig. 5B; see stream 554A directing air from 552 into 554], wherein the second fluid stream includes the second portion of the first fluid stream [Fig. 5B; apparent from inspection], and wherein, for each channel pair of the plurality of channel pairs, there is no lateral overlap between an open portion of the upstream edge of the conditioning channel and an open portion of the downstream edge of the exhaust channel [Fig. 5A-5C; ¶ 0111-0112; protrusions 308A-308D laterally extend between each plate to block undesired airflow per respective plate flow channel, thereby providing there is no lateral overlap between the channels; also see Fig. 5B].
Regarding Claim 2, Dulberg teaches the mass transfer apparatus of claim 1 above and Dulberg teaches wherein the downstream edge of the conditioning channel and the upstream edge of the exhaust channel collectively define a first edge of the stack and extend laterally [¶ 0095-0099; Figs. 5A-5B; apparent from inspection that air stream 501D is downstream of 510B and air stream 510A is upstream of 510C, wherein 510A and 510D form a downstream edge of the stack extending laterally].
Regarding Claim 3, Dulberg teaches the mass transfer apparatus of claim 2 above and Dulberg teaches wherein for each channel pair of the plurality of channel pairs, the downstream edge of the conditioning channel and the upstream edge of the exhaust channel overlap [¶ 0111-0113; Fig. 5; protrusions 308A-D are provided in an alternating fashion between respective plates to create stacked passageways 312B and 312A for fluid flow].
Regarding Claim 4, Dulberg teaches the mass transfer apparatus of claim 1 above and Dulberg teaches comprising a conditioned flow chamber [cutout 314] that receives the first fluid stream from the downstream edge of the conditioning channel [312B] and directs the second portion of the first fluid stream to the upstream edge of the exhaust channel [312A] [Fig. 5B; ¶ 0089-0095; fluid inlet flow 552 may flow towards section 305B, wherein an airflow 554A may direct airflow from 552 to 554; also equivalent to airflow 552A providing 551 to 553] [Also see Fig. 1E, having a similar cutout 142 and similar possible flow pattern arrows].
Regarding Claim 5, Dulberg teaches the mass transfer apparatus of claim 1 above and Dulberg teaches comprising an air supply outlet that provides the first portion of the first fluid feed to a supply path [Fig. 5B; ¶ 0092-0094; airflow 553A is provided towards outflow 553 from inflow 552, whereas 554A provides airflow from inflow 552 to 554].
Claim 6 canceled
Regarding Claim 7, Dulberg teaches the mass transfer apparatus of claim 1 above and Dulberg teaches wherein the air plenum [800; Fig. 8] comprises a feed chamber [portion above 808] and an exhaust chamber [portion below 808], and wherein the feed chamber provides the first fluid stream to the upstream edge of the conditioning channel, and the exhaust chamber receives the second fluid flow from the downstream edge of the exhaust channel [¶ 0140-0141; Fig. 8; apparent from inspection that airflow 830 is provided towards the upstream of the conditioning channels and exhausts to airflow 836].
Regarding Claim 8, Dulberg teaches the mass transfer apparatus of claim 7 above and Dulberg teaches wherein the feed chamber and the exhaust chamber are separated by a dividing member [808].
Regarding Claim 10, Dulberg teaches the mass transfer apparatus of claim 1 above and Dulberg teaches wherein each plate of the plurality of plates comprises a first longitudinally extending edge and a second longitudinally extending edge opposite the first longitudinally extending edge [Fig. 5A; apparent from inspection the heat exchangers comprise a longitudinal top edge and a bottom edge], and wherein the first longitudinally extending edge and the second longitudinally extending edge are blocked from fluid flow [¶ 0112; Fig. 5a; apparent from inspection flows 510A-510D flow through the sides of the plates; gaps in the tops of the protrusions are sealed with sealant].
Regarding Claim 11, Dulberg teaches the mass transfer apparatus of claim 1 above and Dulberg teaches wherein the upstream edge of the conditioning channel and the downstream edge of the exhaust channel form a wedge [Fig. 5E; ¶ 0113; apparent from inspection 312B and 312A form a curved wedge converging at the center location 322].
Regarding Claim 12, Dulberg teaches the mass transfer apparatus of claim 11 above and Dulberg teaches wherein the upstream edge of the conditioning channel forms an angle greater than ninety degrees with respect to a first longitudinally extending edge of the stack, and the downstream edge of the exhaust channel forms an angle greater than ninety degrees with respect to the first longitudinally extending edge [Fig. 5A; apparent from inspection that sections 312B are greater than 90 degrees relative to the top longitudinally extending edge and sections 312A are greater than 90 degrees relative to the bottom longitudinally extending edge].
Regarding Claim 13, Dulberg teaches the mass transfer apparatus of claim 1 above and Dulberg teaches wherein the upstream edge of the conditioning channel and the downstream edge of the exhaust channel are parallel [¶ 0101-0108; Fig. 5; the channels are formed from the alignment of straight plates, thereby providing gaps because the plates are parallel].
Regarding Claim 14, Dulberg teaches a mass transfer apparatus [Fig. 5], comprising:
a plat stack [3000] comprising a first plate [301A] and a second plate [301B];
a first exhaust channel [312A or 554] at least partially defined by a first surface of the first plate [¶ 0089; gaps in the plates for fluid flow are formed from the stack of alternating plates];
a conditioning channel [312B or 552] defined by a second surface of the first plate and a first surface of the second plate [¶ 0089; gaps in the plates for fluid flow are formed from the stack of alternating plates];
a second exhaust channel [553] at least partially defined by a second surface of the second plate [¶ 0085; Fig. 5B; the plates may contain apertures 404A to form communication between opposite sides of the respective plates],
wherein the conditioning channel receives a first fluid flow at an upstream side and outputs a conditioned fluid at an open portion of a downstream side [¶ 0085, 0093-0094; Fig. 5B; fluid flow through 522 and may flow around 404B via flowpath 553A, to arrive at air stream 553]; and
wherein at least one of the first exhaust channel and the exhaust channel receive a second fluid flow at an open portion [¶ 0111-0113; Figs. 5A-5C; exhaust channels 554 or 553 may receive airflow across paths similar to 551A or across airflow paths flowing around the plate by 180 degrees, similar to paths 552A, receiving portions of airflow from inlet streams 552 and 551; also see prior art Figs .1A-1C and ¶ 0051] an upstream side, wherein the second fluid flow comprises a portion of the conditioned fluid flow [¶ 0080-0081; heat exchange zones 305A-305C occur over fin 400 to be conditioned].
Claims 15-17 canceled
Regarding Claim 18, Dulberg teaches the mass transfer apparatus of claim 14 above and Dulberg teaches comprising at least one spacer adapted to provide a distance between the second surface of the first plate and the first surface of the second plate [¶ 0076; Dulberg teaches a snatching groove (not shown) designed to attach the fin in close contact to the plate while keeping a distance from the next plate].
Regarding Claim 19, Dulberg teaches the mass transfer apparatus of claim 14 above and Dulberg teaches wherein the upstream side of the conditioning channel is offset from the downstream side of the first exhaust channel and from the downstream side of the second exhaust channel [¶ 0057; Fig. 1E; apparent from inspection that the input of flow A (left side) is at a higher elevation than the output of Flow A (right side). Similarly, the input of Flow A, flowing to Flow B via 140, is offset from the output of Flow B both vertically and horizontally around the plate].
Regarding Claim 20, Dulberg teaches a method to distribute fluids within a mass transfer apparatus [Fig. 5], comprising:
feeding a first fluid stream [510B] to an upstream edge of each of a plurality of conditioning channels [gaps 312B] to output, from a downstream edge of each of the plurality of conditioning channels, a conditioned fluid stream [¶ 0090-0095; Fig. 5; left to right may be going upstream, apparent from arrows depicting 510B and 510D]; and
feeding a second fluid stream to an upstream edge of each of a plurality of exhaust channels [gaps 312A], wherein the second fluid stream includes a portion of the first fluid stream [Fig. 5B; ¶ 0089-0095; fluid inlet flow 552 may flow towards section 305B, wherein an airflow 554A may direct airflow from 552 to 554, and thus through the exhaust channel], wherein the first fluid stream flows from the upstream edge of each of the plurality of conditioning channels to an open portion of the downstream edge of each of the plurality of conditioning channels in a first direction [Figs. 5A-5B; apparent from inspection flow 510B flows downwards towards the center and may flow back towards 510C], the second fluid stream flows from an open end of the upstream edge of each of the plurality of exhaust channels to the downstream edge of each of the plurality of exhaust channels in a second direction [Fig. 5B; ¶ 0092-0094; airflow 553A is provided towards outflow 553 from inflow 552], opposite the first direction [Fig. 5B; apparent from inspection that airflow 554 (first direction) is opposite that of airflow 553 (second direction)], and wherein the first fluid feed stream is countercurrent to the second fluid stream [Figs. 5A-5B; apparent from inspection that inflow 552 is counter current to exhaust flow 554 via airflow 554A].
Regarding Claim 21, Dulberg teaches the mass transfer apparatus of claim 14 above and Dulberg teaches comprising a conditioned flow chamber that receives the conditioned fluid flow from the conditioning channel and directs the portion of the conditioned fluid flow to the exhaust channel [Based on the instant specification’s disclosure of a conditioned flow chamber in ¶ 0059, any generic portion at the downstream side of the conditioning channel, or upstream side of the exhaust channel, or any portion in between (i.e. at least the portion containing 404B (See Fig. 5B)) may be considered the conditioned flow chamber. Also see Figs. 1E-2B, wherein section 205B may be considered the conditioned flow chamber].
Regarding Claim 22, Dulberg teaches the mass transfer apparatus of claim 14 above and Dulberg teaches wherein the portion of the conditioned fluid flow in the second fluid flow comprises a first portion [¶ 0092-0095; Fig. 5B; outflow 554 may be made from a plurality of flow portions, such as flows 551A from 551 around either side of portion 404B, as well as a plurality of flows 554A being received from a 180 degree turn from the 552 inlet on either side of a given 554 outlet].
Regarding Claim 23, Dulberg teaches the mass transfer apparatus of claim 22 above and Dulberg teaches comprising an air supply outlet that provides a second portion of the conditioned fluid flow to a supply path [¶ 0092-0095; Fig. 5B; outflow 554 may be made from a plurality of flow portions, such as flows 551A from 551 around either side of portion 404B, as well as a plurality of flows 554A being received from a 180 degree turn from the 552 inlet on either side of a given 554 outlet. Alternatively, a second outflow 553 is provided with similar interactions from the same inputs 552 and 551 as described above].
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Dulberg as applied to claim 7 above.
Regarding Claim 9, Dulberg teaches the mass transfer apparatus of claim 7 above and while Dulberg teaches a blower [812] disposed in the air outlet [806], configured to motivate an airflow through both the air inlet and the air outlet [¶ 0140-0141], Dulberg does not explicitly teach comprising a blower in fluid communication with the feed chamber.
However, Dulberg does explicitly disclose that the blower 812 is functioning to motivate an airflow through both the air inlet and the air outlet [¶ 0140-0141]. Therefore, the limitations requiring the location of the air motivation to be disposed at the feed chamber may appear to be a simple rearrangement of parts [MPEP 2144.04] as the function of the fan would not appear to be modified by the location of the fan in a significantly non-predictable way, and would merely function to facilitate the known technique of providing an airflow through a heat exchanger in an HVAC system. Specifically, Dulberg already disclosed that the blower disposed at the outlet functions to motivate airflow throughout the entire plenum 800, inlet to outlet [¶ 0141]. Thus, providing said blower elsewhere in the system to fulfill the same function of inlet to outlet airflow may not be considered patentably significant.
Therefore, when there are a finite number of identified, predictable solutions, i.e. to position the blower at the outlet or the inlet, a person of ordinary skill has a good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, i.e. inducing an airflow throughout the plenum, it is likely the product is not of innovation but of ordinary skill and common sense. In that instance, the fact that a combination was obvious to try might show it was obvious under 35 U.S.C. 103 (KSR Int' l Co. v. Teleflex Incl, 127 S. Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to modify Dulberg, by trying to position the blower at the feed chamber, since choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, is within the abilities of one having ordinary skill. See MPEP 2143(I)(E).
Response to Arguments
On pages 9-10 of the remarks, Applicant argues that the prior art, as cited, does not teach the device as amended. Applicant argues that Dulberg does not disclose a conditioning channel that conditions a first fluid and an exhaust channel that receives a second fluid flow, including at least a portion of the conditioned first fluid flow. Applicant’s arguments have been considered but are not persuasive.
Specifically, Dulberg teaches a stack 3000, made up of a plurality of stacked plates 301 302, forming a plurality of inlet/outlet channels (at least 510A, 510B, 510C, 510D), such that air flows through inlet gaps in the plates (at least 312B), wherein airflow over the plates conditions the air, as the plates function as fins that exchange energy with the tubes of the heat exchanger, flowing over the plurality of heat exchanger zones (at least 205a, 205B, 205C [¶ 0060; Fig. 2]. Figure 5B demonstrates the interactions of the plurality of inlet/outlet flow paths, such that an inlet flow 551 may diverge into multiple flows (at least 551A and 552A), such that either outflow (554 or 553) may be made up from at least a portion of either inflow (551 or 552) [¶ 0089-0098] [Also see ¶ 0111-0112]. The prior art therefore teaches the claimed limitation as amended, and the rejection is maintained.
On page 10 of the remarks, Applicant argues that the remainder of dependent claims are allowable at least based on their dependency to an allegedly allowable independent claim. As the independent claims have been rejected, all dependent claims therefore remain rejected.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH S MYERS whose telephone number is (571)272-5102. The examiner can normally be reached 8:00-4:00.
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/KEITH STANLEY MYERS/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
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