Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of clams 1-3, 5-8, 10, 13, 15-16, and 26-31 in the reply filed on 9/4/2026 is acknowledged.
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 2, 5-8, 10, 13, 15-16, 26-27, and 30 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 2 recites “an outer side of the moisture transport layer” but the claim upon which it depends already recites “an outer side of the moisture transport layer.” As such, it is unclear if the two recitations are directed to the same or different elements.
Claim 2 recites “an inner side of the moisture transport layer” but the claim upon which it depends already recites “an inner side of the moisture transport layer.” As such, it is unclear if the two recitations are directed to the same or different elements.
Claim 5 is directed to an enclosure but the limitation directed to the second port states it is located between the chamber and the enclosure. It is unclear how a part of the enclosure can be separated from itself as claimed.
Claim 5 recites “the enclosure comprises or is associated with a heat source.” It is noted if the claim is attempting to positively claim the heat source or have the heat source be an unclaimed element via the association with the enclosure.
Claim 6 recites “an outer side of the moisture transport layer is in fluid communication with the enclosure.” It is unclear how an element of the enclosure can be in fluid communication with the itself.
Claims 7 and 26 recite “lower permeability or impermeable regions.” The term “lower” is a relative term which renders the claim indefinite. The term “lower” 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. It is unclear the metes and bounds as to when the region would be considered to be “lower permeability.”
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, 5, 10, 13, 16, 28-29, and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deguiseppi et al. (JP 2007-294464 in IDS machine translation provided by Examiner) in view of Huizing et al. (US 2014/0319706).
Regarding claim 1, Deguiseppi teaches a device for removing moisture from within an enclosure associated with a heat source, the device comprising: a housing (50) defining a chamber; and desiccant material (42) in the chamber; a first part of the housing comprising a first port (52) between the chamber and an environment outside of the housing; a second part of the housing comprising a second port (open bottom of housing) between the chamber and an environment outside of the housing; the second port comprising: a first barrier extending across the second port and comprising an air-impermeable water vapor-permeable moisture transport layer (40); wherein an outer side of the moisture transport layer is in fluid communication with the environment outside of the housing and an inner side of the moisture transport layer is in fluid communication with the chamber (Figs. 1A-1C, pages 1-2 and 5-6).
Deguiseppi teaches the air-impermeable water vapor-permeable moisture transport layer but fails to teach a second barrier extending across the second port, wherein the second barrier is configured to conduct heat to the first barrier. Huizing teaches that improved air-impermeable water vapor-permeable moisture transport membranes comprise multiple layers/barriers where one barrier comprises a strong support that can be made from a metal material in order to provide structural rigidity allowing of easier handle and use ([0008] and [0096]-[0098]). As such, one skilled in the art would have found it obvious to use the Huizing air-impermeable water vapor-permeable moisture transport membrane as it is a known air-impermeable water vapor-permeable moisture transport membrane and would provide structural integrity allowing for easier handle and use.
It is noted that the various materials listed in Huizing for the support would be capable of conducting heat as pretty much any material would read on the “conduct heat” functional limitation as all/nearly all materials have some sort of thermal conductivity.
Regarding claim 3, Deguiseppi teaches a heat source as part of the system as a whole (pages 1-2).
Regarding claim 5, see claims 1 and 3 above.
Regarding claims 10, 13, and 28-29, Huizing teaches that their improved air-impermeable water vapor-permeable moisture transport membrane are comprised of a support layer (nanofibrous layer) with an air-impermeable water vapor-permeable moisture transport material being present in at least some of the pores (Figs. 2A-2D and [0112]) wherein the support layer is flexible/stretchable allowing for the layer be thinner ([0061]). As such, one skilled in the art would have found it obvious to use known air-impermeable water vapor-permeable moisture transport membranes that are an improvement of the prior art (Huizing [0008]) with a reasonable expectation of success.
Regarding claims 16 and 31, Deguiseppi shows the first port (52) having a smaller flow area than the second port (Figs. 1A-1C).
Allowable Subject Matter
Claims 2, 6-8, 15, 26-27, and 30 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER KEYWORTH whose telephone number is (571)270-3479. The examiner can normally be reached 9-5 MT (11-7 ET).
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, Jennifer Dieterle can be reached at (571) 270-7872. 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.
/PETER KEYWORTH/Primary Examiner, Art Unit 1776
Prosecution Insights