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 .
Drawings
Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 Objections
Claims 28, 33, and 34 are objected to because of the following informalities: In line 6 of each of these claims, “is” should be changed to “are”. Appropriate correction is required.
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: “first heating device” in claims 26, 29, and 30, and “fluid delivery device” in claims 27, 31, and 32.
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.
For the record, the specification fails to clearly describe the corresponding structure of the limitations “first heating device” and “fluid delivery device.” See corresponding rejections under 35 U.S.C. 112(a) and (b), below.
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.
Claims 26-27 and 29-32 are 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. The limitations “first heating device” and “fluid delivery device” have been interpreted under 35 U.S.C. 112(f) as set forth above. However, since the specification fails to clearly describe the corresponding structure of these limitations as required under that statute, Applicant has failed to demonstrate full possession of the metes and bounds of the claimed invention at the effective filing date of the application.
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 1-10, 17, and 26-34 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 limitations “first heating device” and “fluid delivery device” invoke 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. 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.
In addition:
Claim 1 recites the limitation "in the vapour state" in lines 6-7 of the claim. There is insufficient antecedent basis for this limitation in the claim. This limitation should instead read “in a vapour state.” See further however, the next issue regarding the interchangeable use of “vapour,” “vapor,” and “vaporous.”
Claims 1-10, 17, and 26-34 recite the limitations “vapour,” “vapor,” and “vaporous” interchangeably, rendering the claims confusing. The claims should be amended to choose one of these terms and use it consistently throughout the claims.
Claim 27 is missing a period at the end of the claim. This renders the metes ad bounds of the claim indefinite since it is unclear whether further limitations are intended.
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(s) 1, 2, and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN104697166A in view of Atchison (US 2782611).
As per claim 1, CN104697166A discloses an energy transmission device comprising:
a first fluid path, including a first fluid channel and a second channel for a first fluid to flow therein;
a compressor 22 positioned between the first channel and the second channel and configured to compress the first fluid in the vapour state:
a regulating valve 24 positioned between the first channel and the second channel at a location distinct from the compressor,
a first heat exchanger 24 formed at least partially by the first channel for facilitating release of heat energy from the first fluid flowing in a vapor state;
a second heat exchanger 6 formed at least partially by the second channel for facilitating absorption of heat energy by the first fluid flowing in a liquid state;
wherein the first fluid path is sealed during energy transmission (Figs. 1-3, 6-7; etc.),
wherein the compressor 22 and the regulating valve 24 are configured to adjust a pressure in the first channel and a pressure in the second channel such that the first channel and the second channel have different pressures during the operation of the energy transmission device (page 4, 5th paragraph; etc.).
CN104697166A does not teach a first flow guide structure arranged within the first heat exchanger for promoting the spiral flow of the first fluid in a vapour state; and a second flow guide structure arranged within the second heat exchanger for promoting the spiral flow of the first fluid flows in the liquid state, wherein at least one of the first flow guide structure and the second flow guide structure is movable.
Atchison teaches a refrigeration cycle comprising a first flow guide structure arranged within the first heat exchanger for promoting the spiral flow of the first fluid in a vapour state (Fig. 2 at helical coil condenser 22 through which vapor refrigerant flows and is condensed); and a second flow guide structure arranged within the second heat exchanger for promoting the spiral flow of the first fluid flows in the liquid state (Fig. 2 at helical coil evaporator 21 through which liquid refrigerant flows to be evaporated), wherein at least one of the first flow guide structure and the second flow guide structure is movable (the entire device 1 is “movable” and thus the subcomponents thereof are also “movable). (Note that, even if the claim were amended to recite that flow the flow guides were movable “relative to the rest of the device,” such would also be the case since the any of the components would be “movable” given the proper tools and equipment. Even further, the mere act of making something “movable” is considered a simple mechanical expedient that would have been obvious to one of ordinary skill at the effective filing date of the application in the art for the general purpose of facilitating assembly and disassembly.) It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to similarly apply spiral refrigerant coils at the first and second heat exchangers of CN104697166A for the purpose of taking advantage of the heat exchange efficiencies such helical coils provide.
As per claim 2, CN104697166A further comprising a second fluid path (55, 57, 61, etc.) for a second fluid 53 to flow, wherein the first fluid path intersects in non-fluid communication with the first fluid path at the first heat exchanger and the second heat exchanger (Fig. 2; etc.), and the energy transmission device is configured such that
when flowing through the first heat exchanger, the vaporous first fluid exchanges heat with a second fluid in liquid state in the second fluid path, so that at least a part of the second fluid and at least a part of the vaporous first fluid changes state (water vapor condenses and collects into tank 57); and
when flowing through the second heat exchanger, the first fluid in a liquid state exchanges heat with the vaporous second fluid (heat exchanger 6 functions as a refrigerant evaporator), so that at least a part of the first fluid in a liquid state and at least a part of the vaporous second fluid changes state (Fig. 2; etc.).
As per claim 27, CN104697166A further disclose a fluid delivery device (pump 61) for facilitating circulation of a vaporous fluid inside the first channel or for facilitating circulation of a fluid in liquid state inside the second channel (pump 61 moves the second fluid throughout the second flow path).
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN104697166A in view of Hood et al. (US 3199683).
As per claim 4, CN104697166A discloses a heat exchange device for exchanging heat between a vaporous first fluid (water vapor 53 in channel 55) and a second fluid in a liquid state (liquid refrigerant entering evaporator 6) comprising:
a first heat exchange channel 55 for a vaporous first fluid to flow and releases heat:
a second heat exchange channel 6 for a second fluid in liquid state to flow and absorbs heat
0.; and
wherein the heat exchange device is configured so that, during heat exchange, at least a part of the vaporous first fluid and at least a part of the second fluid in liquid state changes state (refrigerant evaporates within evaporator; water vapor is condensed to liquid collected at 57).
CN104697166A does not teach a first flow guide structure for facilitating spiral flow of the vaporous first fluid around the second heat exchange channel; and a second flow guide structure for facilitating spiral flow of the second fluid in liquid state in the second heat exchange channel, and wherein at least one of the first flow guide structure and the second flow guide structure is movable.
Hood et al. teach a heat exchanger comprising a first flow guide structure (outer tubes 60, 62, 64, 66, etc.) for facilitating spiral flow of a first fluid (Fig. 2; etc.) around a second heat exchange channel and a second flow guide structure for facilitating spiral flow of the second fluid in liquid state in the second heat exchange channel (inner tubes 54, 56, 58; etc. constitute an inner spiral second flow guide structure). It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to provide such a spiral counterflow heat exchange structure within the system of CN104697166A for the purpose of providing enhanced heat exchange between the two heat exchange fluids.
Regarding wherein at least one of the first flow guide structure and the second flow guide structure is movable, again the entire device 1 is “movable” and thus the subcomponents thereof are also “movable.” (Again, note that, even if the claim were amended to recite that flow the flow guides were movable “relative to the rest of the device,” such would also be the case since the any of the components would be “movable” given the proper tools and equipment. Even further, the mere act of making something “movable” is considered a simple mechanical expedient that would have been obvious to one of ordinary skill at the effective filing date of the application in the art for the general purpose of facilitating assembly and disassembly.)
As per claim 5, CN104697166A does not teach wherein at least a part of the first flow guide structure is adjacent to an outer wall of the second heat exchange channel and a spiral channel is formed along the outer wall, and/or at least a part of the second flow guide structure is adjacent to an inner wall of the second heat exchange channel, and a spiral channel is formed along the inner wall. Hood et al. teach wherein at least a part of the first flow guide structure (tubes 60, 62, 64, 68; etc.) is adjacent to an outer wall of the second heat exchange channel (tubes 54, 56, 58; etc.) and a spiral channel is formed along the outer wall (tubes 60, 62, 64, 68 constitute a spiral channel formed along the outer walls of tubes 54, 56, 58). Again, it would have been obvious to one of ordinary skill in the art at the effective filing date of the application to provide such a spiral counterflow heat exchange structure within the system of CN104697166A for the purpose of providing enhanced heat exchange between the two heat exchange fluids.
Allowable Subject Matter
Claims 3, 6-10, 17-25, 28, and 33-34 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 26 and 29-32 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.
The following is a statement of reasons for the indication of allowable subject matter:
As per claim 3, there is no teaching or motivation in the art to further modify the system of CN104697166A wherein at least a part of the second flow guide structure is adjacent to an inner wall of the second channel forming the second heat exchanger, and a spiral channel is formed along the inner wall; and at least a part of the first flow guide structure is adjacent to an outer wall of the second fluid path in the first heat exchanger, and a spiral channel is formed along the outer wall.
As per claim 6 (and claims 7-8, 29, 31, and 33 which depend therefrom), there is no teaching or motivation in the art to further modify the system of CN104697166A to further comprise a first fluid path for a vaporous first fluid and a first fluid in liquid state to flow, wherein the first fluid path includes a first channel and a second channel:
a compressor positioned between the first channel and the second channel and configured to compress a vaporous first fluid; and
a regulating valve positioned between the first channel and the second channel at a location distinct from the compressor,
wherein the first heat exchange channel is formed by at least a part of the first channel,
wherein at least a part of the second channel forms a third heat exchange channel for a first fluid in liquid state to flow and absorbs heat,
wherein the first fluid path is sealed during energy transmission,
wherein the compressor and the regulating valve are configured to adjust a pressure in the first channel and a pressure in the second channel such that the first
channel and the second channel are in different pressures during the operation of the energy transmission device, and
wherein the energy transmission device is configured to transmit heat energy from the third heat exchange channel to the second heat exchange channel.
As per claim 9 (and claims 10, 17, 30, 32, and 34 which depend therefrom) there is no teaching or motivation in the art to further modify the system of CN104697166A to further comprise a first fluid path for a second fluid in liquid state and a vaporous second fluid to flow, wherein the first fluid path includes a first channel and a second channel:
a compressor positioned between the first channel and the second channel and configured to compress a vaporous second fluid; and
a regulating valve positioned between the first channel and the second channel at a location distinct from the compressor,
wherein the second heat exchange channel is formed by at least a part of the second channel,
wherein at least a part of the first channel forms a third heat exchange channel for a vaporous second fluid to flow and releases heat,
wherein the first fluid path is sealed during energy transmission,
wherein the compressor and the regulating valve are configured to adjust a pressure in the first channel and a pressure in the second channel such that the first channel and the second channel are in different pressures during the operation of the energy transmission device, and
wherein the energy transmission device is configured to transmit heat energy from the first heat exchange channel to the third heat exchange channel.
As per claim 26, there is no teaching or motivation in the art to further modify the system of CN104697166A wherein the first fluid path is capable of being in fluid communication with the outside by selectively opening a first valve, and/or wherein the energy transmission device further comprising a first heating device, configured to heat and vaporize a liquid in the first fluid path, and/or wherein the first valve is in an open state when the first heating device is vaporizing the liquid therein.
As per claim 28, there is no teaching or motivation in the art to further modify the system of CN104697166A to further comprise: a first chamber located in the second channel and configured to contain a fluid in liquid state therein; and a second chamber for collecting and containing a fluid in liquid state formed by condensation of a vaporous fluid in the second fluid path, wherein the first chamber and the second chamber is capable of being in fluid communication by opening a second valve.
Cited Prior Art
The following references not applied in the rejections above are considered pertinent to Applicant’s disclosed invention.
Porter (US 2020/0231425 A1) teach an evaporator with inner and outer heat exchange tubes.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC E NORMAN whose telephone number is (571)272-4812. The examiner can normally be reached 8:00-4:30 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARC E NORMAN/Primary Examiner, Art Unit 3763
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763