DETAILED ACTION
This is a Non-final Office Action on the merits for U.S. App. 18/629,475. Receipt of the Response to the Election/Restriction filed on 01/27/2026 is acknowledged.
Claims 1-25 are pending.
Claims 8-25 are withdrawn from consideration.
Claims 1-7 are examined.
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 .
Election/Restrictions
Claims 8-25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/27/2026.
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 dry air inlets and plenum with top openings must be shown or the feature(s) canceled from the claim(s). Applicant defines such dry air inlets and plenum for each framework structure within the claims but does not disclose nor depict where such features are located within the framework structure within the drawings as presently provided. 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.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-3, 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Abeln et al. (U.S. Patent 8,578,680) in view of Simmons et al. (U.S. Publication 2014/0208666).
Regarding claim 1, Abeln et al. disclose a method of assembling a crossflow cooling tower, comprising:
removing a selected crossflow cooling tower cell, including removing vertical columns which form an original structure of said selected crossflow cooling tower cell (col. 6, ll. 16-27 disclose an original, existing cooling tower is dismantled and removed from a location so a new tower can be positioned in its place, where dismantling includes the entire structure to be removed, including any vertical supports);
providing a lifting device (#24/26) capable of supporting, balancing and lifting objects below the lifting device by lift members (see figures 1 and 6 at #50 and #40),
providing a first framework structure (#20) of a crossflow modular cooling tower cell, said first framework structure comprising: a framework structure (the entire structure #30 or elements #34 used to form the entire structure #30) and vertical members (#32) each having a top end (the top end as depicted in figure 5) a bottom end (the bottom end of figure 5), and an axis in the vertical direction (the vertical, y-axis direction of figure 5);
forming dry air inlets with said first framework structure on at least two opposing sides of said crossflow cooling tower cell (the openings between adjacent columns #32 and beams #34 that form vertical rectangular inlets on all four sides of the structure #20), such that after installation, dry air flowing through said dry air inlets is directed within said first framework in a direction approximately perpendicular to said vertical members (see figure 3, where the openings/inlets open horizontally into the framework structure and thus perpendicular to the vertical direction of the members #32);
forming a plenum with said first framework structure for receiving and distributing said dry air flowing through said dry air inlets (the polygonal prism shape of the framework structure #30 along with the rectangular openings formed between adjacent beams #34 in each row form a plenum that allows air to transfer horizontally from the inlets and vertically through the structure), said plenum extending vertically from approximately a bottom of said first framework structure to a top of said first framework structure, and having a top opening for air egress from said first framework structure (as explained above, the rectangular spaces between adjacent beams #34 extend from the bottom of the structure #30 to the top thereof so as to extend to upper rectangular top openings that allow for air egress from the structure during use);
lifting, using the lifting device, the first framework structure (see figures 5 and 6 and col. 6, ll. 16-27);
while lifted, moving the first framework to a position above a selected installation location (see figure 5 and col. 6, ll. 16-27, where the framework is lifted and positioned above the second location where it is to be installed);
lowering said first framework structure onto the selected installation location (the framework #30 is to be lowered to the second location for installation); and
detaching said lifting members from said first framework (the lifting members are removed from the first framework in order to allow for subsequent use on other elements to be lifted within the system).
However, Abeln et al. do not disclose the first framework structure comprises of first lifting members at the top end of the vertical members or first receiving members on a bottom end of the vertical members such that adjacent framework structures can engage one another with the lifting and receiving elements of respective structures or explicitly that the first framework is secured at the selected installation location. It is highly well known in the art, as evidenced by Simmons et al., that frames of a structure that are to be lifted to a location and built vertically can comprise of a lifting projection #22 at a top end of the vertical members #28 of the framework and a receiving socket #26 at the bottom end of the vertical members #28, where the sockets and projections of adjacent frame structures #54/56 can engage one another to support such frame structures on top of one another. See figure 10. Furthermore, figure 6 of Simmons et al. depicts use of a lifting element #24 which is configured to engage the lifting element of the framework structure so as to lift the framework structure and lower the structure into place. Figure 9 of Simmons et al. also depicts the first framework structure can be supported on a ground support #38 and secured thereto with a similar projection #22 socket connection. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the framework structures of Abeln et al. so as to comprise of a lifting element at the top ends of the vertical members and receiving members at the bottom end of the vertical members, as taught in Simmons et al., in order to provide for easier lifting, aligning, and attachment of vertically adjacent framework structures. Furthermore, it would have been obvious before the effective filing date of the claimed invention to have secured the first framework of Abeln et al. to the ground at the selected installation location, such as by using a ground support as taught in Simmons et al., in order to properly secure and prevent movement of the structure during use and provide an appropriate support.
Regarding claim 2, Abeln et al. in view of Simmons et al. render obvious providing said second framework structure (Abeln et al.; 31) of the crossflow cooling tower, said second framework structure having a top end (the top end of figure 2 of Abeln et al.), a bottom end (the bottom end of figure 2 of Abeln et al.), and second framework vertical members (Abeln et al.; #32) each having a top end (the top end of figure 2 of Abeln et al.), a bottom end (the bottom end of figure 2 of Abeln et al.), and an axis in the vertical direction (the vertical axis direction of figure 2 of Abeln et al.), second lifting elements on said second framework structure vertical member top end and second receiving elements on said bottom end of said second framework structure vertical member (as explained above in the rejection of claim 1, such lifting elements and receiving elements as taught in Simmons et al. would be provided on the top and bottom ends of the vertical members of the second framework structure of Abeln et al. to allow for proper lifting and engagement with the first framework structure);
constructing said second framework structure to form a dry air inlet on at least two opposing sides of said crossflow cooling tower cell, such that after installation dry air flowing through said dry air inlets is directed within said second framework in a direction approximately perpendicular to said vertical members (as depicted in figures 2, 4, and 7 of Abeln et al., the second structure #31 comprises of air inlets that are rectangularly shaped between column elements #32 on all four vertical sides of the structure, which openings allow for air to travel horizontally through the structure);
constructing said second framework structure to form a plenum for receiving and distributing said dry air flowing through said dry air inlets (the polygonal prism shape of the framework structure #30 of Abeln et al. along with the rectangular openings formed between adjacent beams #34 in each row form a plenum that allow air to transfer horizontally from the inlets to vertically through the structure), said plenum extending vertically from approximately a bottom of said second framework structure to a top of said second framework structure, and having a top opening for air egress from said second framework structure (as explained above, the rectangular spaces between adjacent beams #34 of Abeln et al. extend from the bottom of the structure #30 to the top thereof so as to extend to upper rectangular top openings that allow for air egress from the structure during use);
inserting said lifting elements within said lift members, thereby securing said second framework structure to said lift members (as explained above, figure 7 of Simmons et al. depicts the lift members secured to the lifting elements of the second framework to lift the second structure into place as depicted in figure 2 of Abeln et al.);
lifting, using the lifting device, the second framework structure (see figure 2 of Abeln et al.);
while lifted, moving the second framework structure to a position above said first framework structure (see figures 2 and 7 of Abeln et al.);
lowering said second framework onto said first framework structure, and subsequently aligning said first lifting elements of said first framework structure with said second receiving elements of said second framework structure (see figure 7 of Abeln et al., where the second framework structure is lowered onto the first framework structure, where the lifting and receiving elements of each structure would align with one another as depicted in figures 7 and 8 of Simmons et al.);
inserting said first lifting elements of said first framework structure within said second receiving elements of said second framework structure, thereby securing said second framework structure to said first framework structure (figure 8 of Simmons et al. depicts the lifting elements and receiving elements of such framework structures would be engaged with one another to secure the framework structures to one another, where such features would be provided within Abeln et al. as explained above); and
detaching said lifting members from said second lifting elements (such a crane lifting device with lifting members would be removed from the second lifting elements when it is no longer needed or in order to allow the crane to lift other objects at the job site).
Regarding claim 3, Abeln et al. in view of Simmons et al. render obvious the method is performed while a second crossflow cooling tower cell remains operational in a crossflow cooing tower field including the selected installation location (Abeln et al. disclose in col. 1, ll. 33-50 that such framework structures are used to replace similar existing structures located within a power plant, where it is critical to minimize downtime during replacement construction of such structures in order to prevent the entire power plant from shutting down during construction. Thus, Abeln et al. is considered to suggest that when multiple towers are present, such towers are repaired piecemeal in order to prevent significant downtime of such facilities and thus allow using of one cooling tower while another is being repaired. However, if the Examiner is considered to over broadly interpret Abeln et al. as comprising of a field of cooling towers, where one remains operational while the other is repaired, it would have been obvious to have applied such a replacement method of Abeln et al. to a power plant which comprising of more than one cooling tower, where only one tower is needed to be repaired while the other tower(s) remain operational in order to reduce downtime of using the powerplant while still allowing the powerplant to operate in a safe condition and to also save on costs by only repairing that which is damaged, as taught in Abeln et al.).
Regarding claim 6, Abeln et al. in view of Simmons et al. render obvious said crossflow cooling tower includes mechanicals of said selected crossflow cooling tower (Abeln et al. disclose providing components #38 to the framework as needed, where it would have been inherent, or in the alternative obvious, that the cooling tower that is being replaced would also have components and other mechanicals that would need to be removed and replaced with the newer components for proper updating and upkeeping the system).
Regarding claim 7, Abeln et al. in view of Simmons et al. render obvious said first framework structure includes angled longitudinal members forming an angled first framework structure (figure 3 of Abeln et al. depicts use of angled members #36 within the framework structures).
Claim(s) 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Abeln et al. in view of Simmons et al. and Bardo et al. (U.S. Patent 5,902,522).
Regarding claim 4, Abeln et al. in view of Simmons et al. render the claimed invention obvious except specifically for providing a water distribution system for pumping process water to a hot liquid basin at an approximately top of said first or second framework structure. However, it is highly well known in the art, as evidenced by Bardo et al., that such cooling towers are to comprise of a water distribution system #49 in level #52 which receives hot water from a supply pipe #58, where the water is sent through pipes #60 (which form a hot water basin) and spray nozzles #63 that spray the water into a fill material #54 for heat exchange purposes where the water can then drip into collecting basin #46 below, where such a water distribution layer is provided above a lower air intake level #44 formed of vertical and horizontal support members of a framework structure. See figure 5. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the assembly of Abeln et al. to comprise of a water distribution system for providing a water distribution system for pumping process water to a hot liquid basin on top of the first framework structure, as taught in Bardo et al., in order to construct the new cooling tower erected in Abeln et al. to properly function using a water cooling system.
Regarding claim 5, Abeln et al. in view of Simmons et al. and Bardo et al. render obvious said hot liquid basin includes holes or openings in a bottom surface for distributing said process water under gravity through said dry air (Bardo et al. disclose spray nozzles #63 at the bottom of the hot water basin formed by piping #60, where such hot water can drip from the nozzles #63 to the fill material #54 and drip from the fill material #54 through the dry air of the intake level #44 to cool the water, where such features would be provided within Abeln et al. as explained above).
Conclusion
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/THEODORE V ADAMOS/Primary Examiner, Art Unit 3635