DETAILED ACTION
This is a non-final Office Action on the merits for U.S. App. 18/629,475. Receipt of the RCE filed on 07/22/2026, which enters the amendments and arguments filed on 07/16/2026, is acknowledged.
Claims 1-7 and 26-29 are pending.
Claims 8-25 are cancelled.
Claims 1-7 and 26-29 are examined.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submissions filed on 07/22/2026 and 07/16/2026 have been entered.
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 1-7 and 26-29 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 1 defines “horizontal members secured to said vertical members to form the first framework structure,” which renders the claimed invention indefinite since a plurality of such framework structures are defined and one of ordinary skill in the art would not know which one of the structures is being referred back to or if a plurality of horizontal members are provided and used to form each of the plurality of first framework structures. For examining purposes and in light of the specification and drawings, a plurality of horizontal members are considered provided and used to form respective ones of the plurality of first framework structures. Moreover, claims 2-7 and 26-29 are rendered indefinite for depending upon claim 1. Claim 2 includes similar limitations and is similarly rejected and interpreted.
Claim 28 defines “truss-like structure,” which renders the claimed invention indefinite since one of ordinary skill in the art would not know what scope is covered by such a term. Does the term “like” broaden the term truss so as to cover things that are not completely trusses and if so how much does such a term broaden such a term? For examining purposes and in light of the specification and drawings, “truss-like structures” is considered a structure which comprises of vertical, horizontal, and diagonal members connected to one another to from a rectangular truss structure.
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, 7, and 26-29 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) and Bland et al. (U.S. Publication 2006/0053727).
Regarding claim 1, Abeln et al. disclose a method of assembling and installing a crossflow cooling tower cell, 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 module (#20) of said crossflow modular cooling tower cell, said first framework module comprising: a plurality of first framework structures (the elements #34 and #32 form respective rectangular prisms that can be stacked horizontally and vertically and thus form respective framework structures as broadly defined) and vertical members (#32) each having a first end (the top end of the vertical members as depicted in figure 5) a second end (the bottom end of the vertical members of figure 5), and an axis in the vertical direction (the vertical, y-axis direction of figure 5), and horizontal members (#34) secured to said vertical members to form the first framework structures (see figures 2 and 3);
a first airflow module layer, a first media fill module layer, a first distribution module layer, and/or a first drift eliminator module layer (the first framework module #20 can be considered to comprise of a first airflow module layer formed by the openings between adjacent columns #32 and beams #34 that form vertical rectangular inlets on the lower level and all four sides of the structure #20 to allow air flow therethrough and thus meets the “or” part of the clause of an airflow module layer as defined);
prefabricating said first framework structure at a first location remote from a selected installation location (see figure 5, where the frame #30 is assembled from the ground at a first location to form the rectangular framework structure being lifted in figure 5 and moved to a second location as defined), and wherein media fill, distribution piping, or both are installed within said framework structure at said first location prior to moving said first framework structure to said selected installation location (see figure 2, where the many internal components #38, which can include heat transfer media and piping (see col. 6, l. 65 to col. 7 l. 9), are provided at the first location so as to take advantage as the second location is being prepared for receipt of such a framework structure);
lifting, using the lifting device, the first framework module (see figures 5 and 6 and col. 6, ll. 16-27);
while lifted, moving the first framework module 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 module onto the selected installation location (the framework #30 is to be lowered to the second location for installation); and
detaching said lift members from said first framework module (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 module 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.
Furthermore, Abeln et al. do not disclose the vertical and horizontal members have repeating bolt hole patterns, where the bolt hole pattern includes a plurality of connection points so that the first framework can be adjusted in dimension in-situ during assembly without altering locations of said plurality of connection points and/or locations of said bolt hole pattern on said vertical or horizontal members. It is highly well known in the art, as evidenced by Bland et al., that such cooling tower structures can be formed using modular frameworks formed of horizontal members #114 and vertical members #112, each comprising of respective bolt holes #208 in order to attach such elements to one another, where the horizontal members #114 comprise of a pattern of bolt holes that extend at either end of the horizontal member so as to form a pattern of two columns and two rows and where the vertical members can be formed in-situ or pre-formed with attachment holes #208, with each set comprising of one or more pairs of attachment holes #208 along the length therein in a pattern to form a plurality of levels in the framework. See figures 1D and 2A. Figure 2C of Bland et al. depicts that additional sets of attachment holes #208 are provided to allow another column beam connection adjacent to another beam #240 if needed. See paragraph 52. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the vertical and horizontal members of Abeln et al. to comprise of a pattern of bolt holes consistent along their length to form a plurality of connection points, as taught in Bland et al., in order to allow for proper attachment of the beams and posts with one another and form a frame of desired dimensions. With respect to the “adjusting dimensions” limitations, as depicted in figure 2C, Bland et al. teach that the openings can be provided on both sides of the vertical post and in pairs in order to allow beams #240 to extend away from and attach to the same post, where the holes need not be used if no further beam need to be attached and paragraphs 36 and 49 disclose the adjustability of the size, number, and location of the elements of such a frame, and thus Abeln et al. in view of Bland et al. would meet such configured to language as broadly defined. Applicant must note that it has also been held that the provision of adjustability, where needed, involves routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954).
Regarding claim 2, Abeln et al. in view of Simmons et al. and Bland et al. render obvious providing said second framework module (Abeln et al.; #22) of the crossflow cooling tower, said second framework module having a plurality of second framework structures (the rectangular cells formed by the vertical #32 and horizontal #34 members of Abeln et al. are considered the plurality of framework structures of module #22) 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 a plurality of second framework vertical members (the vertical members #32 of Abeln et al. can be considered the vertical members as defined) 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.), and horizontal members (Abeln et al.; #34) secured to said second framework vertical members to form the second framework structure (see figure 2 of Abeln et al.), wherein said horizontal members and said vertical members of said second framework structure include a plurality of repeating bolt hole patterns comprising a plurality of connection points (when Abeln et al. is modified in view of Bland et al. as explained above, such a second framework would also comprise of vertical and horizontal members with bolt holes so as to properly attach such elements to one another and form a framework of required size as needed by the end user), and wherein dimensional measurements of said horizontal members and said vertical members may be adjusted without affecting said plurality of connection points, such that dimensions of said second framework structure may be customized in-situ to match dimensions of said selected crossflow cooling tower cell during assembly and/or installation (as depicted in figure 2C, Bland et al. teach that the openings can be provided on both sides of the vertical post and in pairs in order to allow beams #240 to extend away from and attach to the same post, where the holes need not be used if no further beam need to be attached and paragraphs 36 and 49 disclose the adjustability of the size, number, and location of the elements of such a frame, and thus Abeln et al. in view of Bland et al. would meet such configured to language as broadly defined), and 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);
said second framework module including a second airflow module layer, a second media fill module layer, a second distribution module layer, and/or a second drift eliminator module layer (the bottom horizontal layer of the second module #22 of Abeln et al. can be considered an airflow module layer or distribution module layer or a second drift eliminator module layer since it comprises of components #38 that include heat transfer media, drift eliminators, or decking and thus meets at least one of the elements of the “or” clause);
constructing said second framework module to direct dry air within said second module 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 module to receive and distribute said dry air (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);
prefabricating said second framework structure at said first location remote from a selected installation location (see figure 2, where the frame #31 is first assembled from the ground at a first location to form the rectangular framework structure being lifted and moved to a second location as defined), and wherein media fill, distribution piping, or both are installed within said second framework structure at said first location prior to moving said second framework structure to said selected installation location (see figure 2, where the many internal components #38, which can include heat transfer media and piping (see col. 6, l. 65 to col. 7 l. 9), are provided at the first location already within the framework #31 so as to take advantage as the second location is being prepared for receipt of such a framework structure);
inserting said lifting elements within said lift members, thereby securing said second framework module 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 module (see figure 2 of Abeln et al.);
while lifted, moving the second framework module to a position above said first framework module (see figures 2 and 7 of Abeln et al.);
lowering said second framework module onto said first framework module, and subsequently aligning said first lifting elements of said first framework module with said second receiving elements of said second framework module, forming a pair of laterally adjacent interlocking and dynamic modules (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. so as to be aligned and thus laterally adjacent to form the tower);
inserting said first lifting elements of said first framework module within said second receiving elements of said second framework module, thereby securing said second framework module to said first framework module (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. and Bland 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. and Bland 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. and Bland 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).
Regarding claim 26, Abeln et al. in view of Simmons et al. and Bland et al. render obvious expanding or contracting said first framework module to a size necessary to meet predetermined design requirements by varying patterns or dimensions including length, width, and height of said first framework module (See figure 5 of Abeln et al., where col. 6, ll. 43-64 disclose that the elements #30 are raised to position and connected together such that the framework module goes from the pile of elements #30 and expands to the framework as depicted in figure 5 before it is lifted so as to be made to the size as required by the end user. Col. 6, l. 65 to col. 7, l. 11 of Abeln et al. also disclose that internal components #38 can be added to such modules so as to expand the module to the needs of the tower and the needs of the end user. Furthermore, as depicted in figure 6C of Bland et al., the cooling towers #600 are to be aligned with one another so as to extend the same vertical and horizontal dimensions during use. It would have thus been obvious before the effective filing date of the claimed invention to have adjusted the first framework of Abeln et al. to expand in either the vertical or horizontal direction, such as by adding more bays in a horizontal direction as taught in Bland et al., so as to align the framework with an existing cooling tower #600 within the tower field and thus form a uniform tower as needed by the end user and also since it has been held that the provision of adjustability, where needed, involves routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954).).
Regarding claim 27, Abeln et al. in view of Simmons et al. and Bland et al. render obvious expanding or contracting said second framework module to a size necessary to meet predetermined design requirements by varying patterns or dimensions including length, width, and height of said first framework module (See figure 5 of Abeln et al., where col. 6, ll. 43-64 disclose that the elements #30 of the second framework are raised to position and connected together such that the framework module goes from the pile of elements #30 and expands to the framework as depicted in figure 5 before it is lifted so as to be made to the size as required by the end user. Col. 6, l. 65 to col. 7, l. 11 of Abeln et al. also disclose that internal components #38 can be added to such modules so as to expand the module to the needs of the tower and the needs of the end user. Furthermore, as depicted in figure 6C of Bland et al., the cooling towers #600 are to be aligned with one another so as to extend the same vertical and horizontal dimensions during use. It would have thus been obvious before the effective filing date of the claimed invention to have adjusted the first framework of Abeln et al. to expand in either the vertical or horizontal direction, such as by adding more bays in a horizontal direction as taught in Bland et al., so as to align the framework with an existing cooling tower #600 within the tower field and thus form a uniform tower as needed by the end user and also since it has been held that the provision of adjustability, where needed, involves routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954).).
Regarding claim 28, Abeln et al. in view of Simmons et al. and Bland et al. render obvious said first framework structure further includes a plurality of brace members (Abeln et al.; #36) spanning between intersections within the framework structure created by said horizontal members and said vertical members (see figure 3 of Abeln et al.), said plurality of brace members forming trapezium structures with said horizontal members and said vertical members to provide a truss-like structure in said first framework structure (see figures 2 and 3 of Abeln et al., where the diagonals #36 form truss structures with the horizontal and vertical members).
Regarding claim 29, Abeln et al. in view of Simmons et al. and Bland et al. render obvious said first framework structure is dimensioned to enable utilization of mechanicals of said selected crossflow cooling tower cell after installation, said mechanicals comprising at least one of: inlet water piping, pumps, a motor, a gearbox, a fan stack, a fan assembly and hub, and a torque tube (col. 6, l. 65 to col. 7, l. 9 of Abeln et al. disclose such frameworks can be provided with internal components #38 that can include pumps that can be connected to external components for the use and operation of the cooling tower, where such limitations do not positively define the mechanicals and only defines that the framework is so dimensioned as configured for use).
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., Bland et al., and Bardo et al. (U.S. Patent 5,902,522).
Regarding claim 4, Abeln et al. in view of Simmons et al. and Bland 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., Bland 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).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-7 and 26-29 have been considered but are moot because Applicant’s amendments to the claims required the use of a different rejection and additional secondary reference not previously used, where Applicant only argues the prior art of record do not teach the newly added claim limitations and such features are met as explained above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE V ADAMOS whose telephone number is (571)270-1166. The examiner can normally be reached Monday - Friday 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian D Mattei can be reached at (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THEODORE V ADAMOS/Primary Examiner, Art Unit 3635
Prosecution Insights