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 on {DATE}. The objections to the drawings are maintained. The 35 USC 112 rejections are partially withdrawn. Claims 1-21 remain pending for consideration on the merits.
Election/Restrictions
Applicant's election with traverse of Species A, claims 1-3, 5-21 in the reply filed on 1/16/2026 is acknowledged. The traversal is on the ground(s) that there is unity between the groups. This is found persuasive and the restriction between Groups has been withdrawn. The restriction between species is maintained.
The requirement is still deemed proper and is therefore made FINAL.
Claim 4 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/16/2026.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: [20], [22], [38]. 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. 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.
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, “a controllable valve configured to enable drawing an equilibrium partial vacuum between a lower pressure and a higher pressure chamber(s) when the doors are closed to each of the chamber(s)”. must be shown or the feature(s) canceled from the claim(s). 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 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 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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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: “a motive device” in claim 10, “a means to adjust compression of the variable compression vacuum pump to elevate the water vapor pressure sufficiently to condense inside the condenser” om claim 12.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: “a motive device” corresponds to a gear motor, a solenoid, or a pneumatic or hydraulic or electric cylinder in paragraph 0048 of the published application.
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.
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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 12 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 12, the claim recites “a means to adjust compression of the variable compression vacuum pump to elevate the water vapor pressure sufficiently to condense inside the condenser”. The term “means” invokes a claim interpretation governed under 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph), which requires a review of the specification to determine the appropriate structure, material or act to carry out the claimed limitation. However, the specification as originally filed, fails to describe a corresponding structure or technique by which to adjust compression of the variable compression vacuum pump to elevate the water vapor pressure sufficiently to condense inside the condenser. A mere restatement of the function does not suffice as a statement of structure. Thus, it does not appear that applicant had possession of the claimed invention because the specification does not disclose a structure which is capable of adjusting compression of the variable compression vacuum pump to elevate the water vapor pressure sufficiently to condense inside the condenser. When a description of the structure, material or act is not provided or is not sufficient to perform the entire claimed function, or no association between the structure and the claimed function can be found in the specification, the written description fails to clearly define the boundaries of the claim
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 12 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 " sufficiently " in claim 12 is a relative term which renders the claim indefinite. The term "sufficiently" 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. The specification fails to describe describes what pressure is sufficient to elevate water pressure in the condenser and therefore any pressure generating water vapor inside the condenser is considered to meet the claim limitations.
Claims 20 and 21 recite “a controllable valve configured to enable drawing an equilibrium partial vacuum between a lower pressure and a higher pressure chamber(s) when the doors are closed to each of the chamber(s)” which renders the claim indefinite because it is unclear what valve is drawing equilibrium partial vacuum. The valves described in the specification, 30, 32 and 232 do not appear to enable drawing an equilibrium partial vacuum. Thus, the metes and bounds of the claim are unclear. There is no way of determining what structure is required to have the system to operate an equilibrium partial vacuum. Since there is no way of determining what are the metes and bounds of the claim, as best understood, if the prior art comprises the claimed structure, it will be presumed that the system can operate as intended (in the different configurations).
Claim limitation “a means to adjust compression of the variable compression vacuum pump to elevate the water vapor pressure sufficiently to condense inside the condenser” in claim 12 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification fails to provide a structure to adjust compression of the variable compression vacuum pump to elevate the water vapor pressure sufficiently to condense inside the condenser.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Response to Arguments
Applicant's arguments filed in the reply have been fully considered but they are not persuasive.
In regarding to applicant’s argument the drawing objections should be withdrawn, the Examiner disagrees. First, reference numerals 20, 22, and 38 are mentioned in the specification but are not shown in Figure 1. For example, figure 1 illustrates 20a and 20b, the specification provides contractors 20 (e.g. 20a, 20b). Applicant has provided that contractor 20 in the specification, and 37 CFR(p)(5) provides reference characters mentioned in the description must appear in the drawings, therefore reference numerals 20, 22 and 38 must be shown in the figures or removed from the specification.
Second, “"a controllable valve configured to enable drawing an equilibrium partial vacuum between a lower pressure and a higher pressure chamber(s) when the doors are closed to each of the chamber(s)” does not appear to be shown in the figures or as outlined below described in the specification. While there are different valves described in the specification it is unclear which one is “configured to enable drawing an equilibrium partial vacuum between a lower pressure and a higher pressure chamber(s) when the doors are closed to each of the chamber(s)”. Therefore, the applicant’s arguments are unpersuasive and the objections are maintained.
In regarding to applicant’s argument that the term “a means to adjust compression of the variable compression vacuum pump to elevate the water vapor pressure sufficiently to condense inside the condenser” should not invoke 112f, the Examiner disagrees. The claim language uses a generic placeholder, “means,” coupled with functional language (“to adjust compression of the variable compression vacuum pump to elevate the water vapor pressure sufficiently to condense inside the condenser”), without reciting sufficient structure in the Specification. Further the term “means” is merely a nonce word of “non-structural generic placeholder” and it fails to connote sufficiently definite structure and, in the context of claim 12, invokes § 112(f). Therefore, the applicant’s arguments are unpersuasive and the rejection is maintained.
In regarding to applicant’s argument that the term “a means to adjust compression of the variable compression vacuum pump to elevate the water vapor pressure sufficiently to condense inside the condenser” should be not rejected under 112a or 112b, the Examiner disagrees. The claim language uses a generic placeholder, “means” coupled with functional language (“to adjust compression of the variable compression vacuum pump to elevate the water vapor pressure sufficiently to condense inside the condenser”), without reciting sufficient structure in the Specification to perform the recited function. Regarding the Specification’s teachings, the in paragraph 065 regarding the adjustment mechanism, the paragraph describes an adjustment mechanism, which in one embodiment comprises fasteners 162, to change the compression of the pump. The claim nor the specification recites no particular structure to perform the recited function of “to elevate the water vapor pressure sufficiently to condense inside the condenser. Therefore, the applicant’s arguments are unpersuasive and the rejection is maintained.
In regarding to applicant’s argument, the valve 32, enables drawing an equilibrium partial vacuum between a lower pressure and a higher pressure chamber(s) when the doors are closed to each of the chamber(s), the Examiner disagrees. First, “an equilibrium partial vacuum” is not described in the specification nor a controllable valve configured to enable drawing an equilibrium partial vacuum between a lower pressure and a higher pressure chamber(s) when the doors are closed to each of the chamber(s). While, paragraphs 056 and 058 describe valve 32 the paragraphs fail to describe “a controllable valve configured to enable drawing an equilibrium partial vacuum between a lower pressure and a higher pressure chamber(s) when the doors are closed to each of the chamber(s)”. Therefore, the applicant’s arguments are unpersuasive and the rejection is maintained.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “Activating the valve between the chambers causes a partial vacuum equilibrium in both chambers of 495 millibar (1000-10/2). In other words, the lower pressure chamber draws air through the valve from the higher pressure chamber until it equalizes. Since each of the chambers alternate between adsorption and desorption, the valve is simply the port through which the equilibrium occurs, regardless of which chamber is at lower pressure (i.e., desorbed) or higher pressure (i.e., adsorbed)”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Allowable Subject Matter
Claims 1-11, 13-19 are allowed.
Claims 12, 20-21 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
Regarding claims 1, 9 and 14, the subject matter which is considered to distinguish from the closest prior art of record, Cho et al (US 20180135895) in view of Gebald et al (US 20170106330). The prior art of record teaches a latent energy and water harvesting system in contrast to the claimed features of plural heat exchanging contactors, thermally coupled to enable thermal transfer, each heat exchanging contactor enclosed in a chamber, each chamber comprising a seal surrounding an inlet and outlet of the chamber, each chamber capable of having a sealable state and a non-sealable state; wherein the plural heat exchanging contactors are coated with an adsorbent material formulated to adsorb certain gas molecules in an air stream and desorb the same gas molecules under a partial pressure vacuum; wherein the thermal transfer involves the exchange of heat of adsorption and heat of desorption between one of the plural heat exchanging contactors acting as an adsorbing heat exchanging contactor enclosed in the chamber in a non-sealed state and another of the plural heat exchanging contactors acting as a desorbing heat exchanging contactor in the chamber in a sealed state; wherein the seal for the chamber in the sealed state allows a less than atmospheric pressure to be applied to the chamber while in the sealed state; and wherein the chamber in the non-sealed state is open to atmospheric pressure to expose an airstream to each heat exchanging contactor; a variable compression vacuum pump, wherein the partial pressure vacuum applied to the chamber in the sealed state is derived by the variable compression vacuum pump; and a condenser configured to collect thermal energy and liquid condensate from condensing gas molecules as recited in claim 1;
plural chambers each comprising a heat exchanging contactor coated with an adsorbent material, and each having at least one pair of doors configured to open and close, wherein the adsorbent material is formulated to adsorb gas molecules from an air stream, a conduit connecting the plural chambers to enable thermal transfer by enabling transfer of heat of adsorption accumulated by the coated heat exchanging contactor of one open chamber to the coated heat exchanging contactor of one closed chamber to assist the desorption of the gas molecules and to enable transfer of heat of desorption to one open chamber to assist the adsorption of the gas molecules; a condenser configured to recover thermal energy and liquid condensate from condensation of the gas molecules in a partial vacuum within the condenser; Anda variable compression vacuum pump configured to draw a partial vacuum within one of the plural chambers when the doors are closed, wherein the adsorbent material is formulated to desorb the gas molecules in the partial vacuum when the doors are closed, said variable compression vacuum pump compressing the gas molecules to a pressure sufficient to cause condensation to occur within the condenser as recited in claim 9; or
receiving a flow of water vapor containing air over a first heat exchanging contactor contained in a chamber in a non-sealed state, the first heat exchanging contactor coated with an adsorbent material that adsorbs water vapor; desorbing water vapor from a second adsorbent-coated heat exchanging contactor contained in a chamber in a sealed state under a partial vacuum; exchanging thermal energy between the first heat exchanging contactor and the second heat exchanging contactor, wherein heat gained by heat of adsorption in the first heat exchanging contactor transferred to heat the second heat exchanging contactor to aid desorption, wherein heat lost due to the heat of desorption in the second heat exchanging contactor is transferred to cool the first heat exchanging contactor to aid adsorption; drawing a vacuum in the sealed chamber to pull air out and desorb, compress, and heat the water vapor; condensing water vapor in a condenser under a partial vacuum; recovering heat of condensation and liquid condensate from the water vapor in the condenser; and repeating the method with the first heat exchanging contactor used for desorbing in a sealed-state and the second heat exchanging contactor used for adsorbing in a non-sealed state as recited in claim 14.
Therefore, it would not be obvious to modify the technique of the prior art structures to have the apparatus as claimed without improper hindsight and independent claims 1, 9 and 14 with dependent claims therefrom are considered allowable.
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 ELIZABETH J MARTIN whose telephone number is (571)270-3840. The examiner can normally be reached 8:30-3:00 CT pm M-F.
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, Jerry-Daryl Fletcher can be reached at (571) 270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763
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