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 .
Claim Rejections - 35 USC § 102
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.
(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 41, 43, and 45 – 47 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application Publication No. 2007/0028769 to Eplee et al. (hereinafter referred to as Eplee).
In regard to claim 41, as shown in figure 2, Eplee discloses an apparatus (100) for producing water. The apparatus includes flow paths for hot dry air (F1, G1), humified hot air (A1), humidified cool air (B1), and cold dry air (C1) in a closed-loop. A desiccant (126) is adapted to adsorb moisture form an external airflow (H1) to yield a first water saturated desiccant. A reactor (124) comprises the desiccant. The reactor (124) allows for flowing hot dry air (F1, G1) through the first water saturated desiccant to desorb water from the first water saturated desiccant into the hot dry air to obtain humidified hot air (A1) or for flowing external airflow (H1) through the desiccant (126) to obtain the water saturated desiccant. A first heat exchanger (136) can transfer heat from the humidified hot air (A1) to the cold dry air (C1) to obtain humidified cool air (B1) and warm dry air (D1). A second heat exchanger (138) is configured to removed excess heat form the humidified cool air (B1) toward outside of the apparatus to cool the humidified cool air (B1) to its dew point to obtain water and cold dry air (C1). A heater (144) produces the hot dry air (F1, G1) for flowing through the water saturated desiccant.
In regard to claims 43 and 45, as shown in figure 2 and discussed in paragraph [0074], the reactor (124) comprises a desiccant wheel (126) that includes a solid desiccant.
In regard to claims 46 and 47, as discussed in paragraph [0076], the heater can be a non-electric heater, such as a solar heater or a waster heat recovery unit.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 42 and 44 are rejected under 35 U.S.C. 103 as being unpatentable over Eplee in view of FR 2998483 to Haarlemmer (hereinafter referred to as Haarlemmer).
Eplee is discussed above in section 3. Eplee includes a single reactor (124) having a sorption, or desiccant, wheel (126). The desiccant wheel includes a portion that is adsorbing moisture from an outside air stream (H1) and a portion that desorbs moisture to the hot dry air stream (F1, G1). The wheel can be turned to alternate these portions and operate substantially continuously. There is no evidence the reactor needs to be formed with a desiccant wheel as long as it operates equivalently. Haarlemmer also disclose a device having a desiccant. As shown in figure 3, Haarlemmer includes an adsorption reactor (6) and a regeneration, or desorption, reactor. The desiccant is provided as a fluidized bed in each reactor. Devices (8, 10) are provided to transfer the desiccant between the reactors. This similarly allows for substantially continuous operation.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Eplee to substitute the desiccant wheel reactor for multiple fluidized bed reactors as suggested by Haarlemmer as both are equivalently known reactors in the art for allowing substantially continuous operation of a desiccant where it is being used simultaneously for adsorption and desorption.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Clemente whose telephone number is (571)272-1476. The examiner can normally be reached M-F 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, Benjamin Lebron can be reached at 571-272-0475. 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.
/ROBERT CLEMENTE/Primary Examiner, Art Unit 1773