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 05/11/2026. The objections to the Abstract have been withdrawn in light of the amendments filed. The 35 U.S.C. 112(b) rejections have been withdrawn in light of the amendments filed. Claim 7 has been canceled. Claim 21 is new. Claims 1-6 and 8-21 remain pending for consideration on the merits.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
The term “first desiccant temperature” in at least claims 10-11, is not explicitly recited in the specification. While the Examiner understands that support in the specification is drawn to the previously amended claim terminology “first predefined desiccant temperature”, MPEP § 608.01(o) dictates that the specification should be amended when nomenclature is departed from by amendments to the claims so as to have clear support or antecedent basis, and to avoid using a variety of confusing terms for the same thing.
The term “second desiccant temperature” in at least claim 11, is not explicitly recited in the specification. While the Examiner understands that support in the specification is drawn to the previously amended claim terminology “second predefined desiccant temperature”, MPEP § 608.01(o) dictates that the specification should be amended when nomenclature is departed from by amendments to the claims so as to have clear support or antecedent basis, and to avoid using a variety of confusing terms for the same thing.
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.
Claims 1-6, 8 and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Vandermeulen (US 20150338140 A1), and further in view of Moffitt et al. (US 20230349566 A1).
Regarding Claim 1, Vandermeulen teaches a rooftop air conditioning unit (RTU) [See Figs. 1, 6-7, 10-11, 16] comprising:
an absorber [1002] configured in a supply airstream [1001] [¶ 0065; at least Fig. 10];
a desorber [1012] configured in a regeneration airstream [1010], wherein the desorber is fluidically connected to the absorber via a liquid desiccant system [at least 1030, 1031] and an interchange heat exchanger [1029] [¶ 0067-0068]; and
a first heat exchanger [1007];
a second heat exchanger [1016], wherein the first heat exchanger is fluidically connected to the second heat exchanger via a vapor compression system [¶ 0067; Fig. 10; apparent from inspection of path with compressor 1018].
one or more secondary heat exchangers [1020, 1026] configured between the vapor compression system and the liquid desiccant system [Fig. 10; heat exchanger 1026 and 1020 are disposed between the compression system and the desiccant system], wherein the one or more secondary heat exchangers are operable to control temperature of a desiccant associated with the liquid desiccant system into the absorber and/or into the desorber [¶ 0067-0069; heat exchangers may exchange heat with desiccant and vapor compression system] [also see ¶ 0030; heat pump 116 may provide heating and cooling to the liquid desiccant].
Vandermeulen does explicitly teach wherein the first heat exchanger is configured upstream of the absorber in the supply air stream; and wherein the second heat exchanger is configured upstream of the desorber in the regeneration airstream.
However, Moffitt teaches an air dehumidifier [Fig. 2] comprising an absorber [142, 152; in air stream 105 to conditioned space] in a supply air stream [105] [¶ 0030-0032], and a desorber [144, 154; in air stream coming from ambient environment 104] in a regeneration air stream [104], wherein the absorber and desorber are separate parts of the same desiccant disk system [¶ 0053-0054]. Moffitt further teaches a chiller system [180] comprising a refrigerant circuit [182], wherein the refrigerant circuit further comprises a plurality of heat exchangers [130, 132, 162] wherein said heat exchangers are disposed upstream of their respective desiccant systems in their respective air pathways [¶ 0033, 0045; Fig. 2; apparent from inspection; heat exchangers 130, 132 are upstream of desiccant systems 142 and 152 in the upper tunnel; heat exchanger 162A is upstream of the desiccant systems in the lower tunnel] [¶ 0035; Moffitt discloses that 162A may be a condenser of the refrigerant circuit 182, as in Fig. 1, instead of using a separate hot water system]. Moffitt discloses that disposing a heat exchanger upstream of the desiccant system may further aid in dehumidifying the airflow, as the act of cooling is known to create condensation, thereby also providing some dehumidification before the desiccant wheel, thereby improving the dehumidification of the system [¶ 0062]. One of ordinary skill in the art could have combined the heat exchangers as claimed by known methods and that in combination, the heat exchangers would perform the same function as it did separately, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. disposing a heat exchanger upstream of the desiccant system may further aid in dehumidifying the airflow, as the act of cooling is known to create condensation, thereby also providing some dehumidification before the desiccant wheel, thus improving the dehumidification of the system [¶ 0062].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Vandermeulen to have a first heat exchanger configured upstream of the absorber in the supply air stream; a second heat exchanger configured upstream of the desorber in the regeneration airstream, wherein the first heat exchanger is fluidically connected to the second heat exchanger via a vapor compression system, in view of the teachings of Moffitt where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. disposing a heat exchanger upstream of the desiccant system may further aid in dehumidifying the airflow, as the act of cooling is known to create condensation, thereby also providing some dehumidification before the desiccant wheel, thus improving the dehumidification of the system.
Regarding Claim 2, Vandermeulen, as modified, teaches the RTU of claim 1 above [Fig. 10] and Vandermeulen teaches wherein the one or more secondary heat exchanger [1020, 1026] comprise a third heat exchanger [1026] configured in a desiccant upstream of the absorber [¶ 0067; Fig. 10; heat exchanger 1026 is upstream of dehumidifying conditioner 1002 in desiccant path 1030].
Regarding Claim 3, Vandermeulen, as modified, teaches the RTU of claim 2 above and Vandermeulen teaches wherein the one or more secondary heat exchanger comprise a fourth heat exchanger [1020] configured in a desiccant upstream of the desorber [¶ 0065-0067; Fig. 10; heat exchanger 1020 is upstream of regenerator 1012 in desiccant path 1031].
Regarding Claim 4, Vandermeulen, as modified, teaches the RTU of claim 3 above and Vandermeulen teaches wherein the first heat exchanger, and a refrigerant side of the third heat exchanger are fluidically coupled to the second heat exchanger, and a refrigerant side of the fourth heat exchanger via the vapor compression system [¶ 0067; Fig. 10; apparent from inspection that heat exchangers 1007 and 1026 are in fluid communication with heat exchanger 1016 and 1020 via at least paths 1019, 1021, 1022, etc. from compressor 1018].
Regarding Claim 5, Vandermeulen, as modified, teaches the RTU of claim 4 above and Vandermeulen teaches wherein a desiccant side of the third heat exchanger is fluidically coupled to a desiccant side of the fourth heat exchanger via the interchange heat exchanger and the liquid desiccant system [¶ 0067-0069; Fig. 10; heat exchangers 1026 and 1020 are in thermal communication with each other within the desiccant system via at least heat exchanger 1029].
Regarding Claim 6, Vandermeulen, as modified, teaches the RTU of claim 1 above and Vandermeulen teaches wherein the one or more secondary heat exchangers are operable to control the temperature of the desiccant supplied to the absorber to adjust the temperature and humidity of the supply airstream downstream of the absorber [¶ 0029; desiccant is pre-cooled and pre-heated before entering the heat and mass exchangers].
Claim 7 canceled
Regarding Claim 8, Vandermeulen, as modified, teaches the RTU of claim 3 above and Vandermeulen teaches wherein the third heat exchanger is operated as an evaporator when the desiccant supplied to the absorber is to be cooled for adjusting the temperature and the humidity of the supply airstream downstream of the absorber [¶ 0067; heat exchanger 1026 may operate as an evaporator].
Regarding Claim 10, Vandermeulen, as modified, teaches the RTU of claim 1 above and Vandermeulen teaches wherein the one or more secondary heat exchangers are operable to control the temperature of the desiccant flowing into the absorber to a first desiccant temperature to control mass transfer potential from the desiccant to the regeneration airstream at the absorber [¶ 0065-0067; heat is removed from liquid desiccant via heat exchanger 1026, then circulated through conditioner 1002].
Regarding Claim 11, Vandermeulen, as modified, teaches the RTU of claim 1 above and Vandermeulen teaches wherein the one or more secondary heat exchangers are operable to increase the temperature of the desiccant flowing into the desorber from a first desiccant temperature to a second desiccant temperature to control mass transfer potential from the desiccant to the regeneration airstream at the desorber [¶ 0065-0067; hot refrigerant is conducted through heat exchanger 1020 to raise the temperature of the desiccant to flow through regenerator 1012].
Regarding Claim 12, Vandermeulen, as modified, teaches the RTU of claim 1 above and Vandermeulen teaches wherein the one or more secondary heat exchanger is a brazed-plate heat exchanger [¶ 0038, 0050-0051; Fig. 2; Vandermeulen discloses that plate-type heat exchangers and well-known in the art and may serve as 3-way heat and mass heat exchangers in the system].
Regarding Claim 13, Vandermeulen, as modified, teaches the RTU of claim 1 above and Vandermeulen teaches wherein the one or more secondary heat exchangers further comprise an upstream metering device or an expansion device [1023] for a refrigerant when the corresponding secondary heat exchanger is operated as an evaporator [¶ 0067; Fig. 10; expansion valve 1023 is in line 1024/1022, upstream of the secondary heat exchangers in the refrigerant flow path].
Regarding Claim 14, Vandermeulen, as modified, teaches the RTU of claim 1 above and Vandermeulen teaches wherein the RTU is adapted to be configured at an area of interest (AOI) [An area of interest may be any rooftop the system is capable of operating on] to supply the airstream and further receive the return airstream from the AOI [Abstract; the system is configured to cool and dehumidify a space in a building or heat and humidify a space in a building].
Regarding Claim 15, Vandermeulen, as modified, teaches the RTU of claim 1 above and Moffitt teaches wherein the RTU comprises a controller [190] that is configured to:
receive a set of instructions pertaining to the airstream to be supplied at an AOI [¶ 0036; controller 190 may control the entire HVACR system and chiller unit, so that discharged conditioned air has the desired conditioning, information being utilized and stored in a processor and memory]; and
control operation of one or more of the heat exchangers associated with the system to supply the airstream to the AOI [¶ 0036; the controller may control the temperature and flow rate of chilled liquid flowing through the heat exchangers within the airflow path].
Regarding Claim 16, Vandermeulen teaches a liquid desiccant based outdoor air system [See Figs. 1, 6-7, 10-11, 16; Abstract] comprising:
an absorber [1002] configured in a supply airstream [1001] [¶ 0065; at least Fig. 10];
a desorber [1012] configured in a regeneration airstream [1010], wherein the desorber is fluidically connected to the absorber via a liquid desiccant system [at least 1030, 1031] and an interchange heat exchanger [1029] [¶ 0067-0068]; and
a first heat exchanger [1007];
a second heat exchanger [1016], wherein the first heat exchanger is fluidically connected to the second heat exchanger via a single vapor compression system [¶ 0067; Fig. 10; apparent from inspection that heat exchangers 1007 and 1016 are part of a single system with compressor 1018 via at least pathways 1019, 1021, 1022, 1024, 1025 and 1027].
one or more secondary heat exchangers [1020, 1026] configured between the vapor compression system and the liquid desiccant system [Fig. 10; heat exchanger 1026 and 1020 are disposed between the compression system and the desiccant system], wherein the one or more secondary heat exchangers are operable to control temperature of a desiccant associated with the liquid desiccant system into the absorber and/or into the desorber [¶ 0067-0069; heat exchangers may exchange heat with desiccant and vapor compression system] [also see ¶ 0030; heat pump 116 may provide heating and cooling to the liquid desiccant].
Vandermeulen does explicitly teach wherein the first heat exchanger is configured upstream of the absorber in the supply air stream; and wherein the second heat exchanger is configured upstream of the desorber in the regeneration airstream.
However, Moffitt teaches an air dehumidifier [Fig. 2] comprising an absorber [142, 152; in air stream 105 to conditioned space] in a supply air stream [105] [¶ 0030-0032], and a desorber [144, 154; in air stream coming from ambient environment 104] in a regeneration air stream [104], wherein the absorber and desorber are separate parts of the same desiccant disk system [¶ 0053-0054]. Moffitt further teaches a chiller system [180] comprising a refrigerant circuit [182], wherein the refrigerant circuit further comprises a plurality of heat exchangers [130, 132, 162] wherein said heat exchangers are disposed upstream of their respective desiccant systems in their respective air pathways [¶ 0033, 0045; Fig. 2; apparent from inspection; heat exchangers 130, 132 are upstream of desiccant systems 142 and 152 in the upper tunnel; heat exchanger 162A is upstream of the desiccant systems in the lower tunnel] [¶ 0035; Moffitt discloses that 162A may be a condenser of the refrigerant circuit 182, as in Fig. 1, instead of using a separate hot water system]. Moffitt discloses that disposing a heat exchanger upstream of the desiccant system may further aid in dehumidifying the airflow, as the act of cooling is known to create condensation, thereby also providing some dehumidification before the desiccant wheel, thereby improving the dehumidification of the system [¶ 0062]. One of ordinary skill in the art could have combined the heat exchangers as claimed by known methods and that in combination, the heat exchangers would perform the same function as it did separately, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. disposing a heat exchanger upstream of the desiccant system may further aid in dehumidifying the airflow, as the act of cooling is known to create condensation, thereby also providing some dehumidification before the desiccant wheel, thus improving the dehumidification of the system [¶ 0062].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Vandermeulen to have a first heat exchanger configured upstream of the absorber in the supply air stream; a second heat exchanger configured upstream of the desorber in the regeneration airstream, wherein the first heat exchanger is fluidically connected to the second heat exchanger via a vapor compression system, in view of the teachings of Moffitt where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. disposing a heat exchanger upstream of the desiccant system may further aid in dehumidifying the airflow, as the act of cooling is known to create condensation, thereby also providing some dehumidification before the desiccant wheel, thus improving the dehumidification of the system.
Regarding Claim 17, Vandermeulen, as modified, teaches the system of claim 16 above [Fig. 10] and Vandermeulen teaches wherein the one or more secondary heat exchanger [1020, 1026] comprise: a third heat exchanger [1026] configured in a desiccant upstream of the absorber [¶ 0067; Fig. 10; heat exchanger 1026 is upstream of dehumidifying conditioner 1002 in desiccant path 1030]; and a fourth heat exchanger [1020] configured in a desiccant upstream of the desorber [¶ 0065-0067; Fig. 10; heat exchanger 1020 is upstream of regenerator 1012 in desiccant path 1031].
Regarding Claim 18, Vandermeulen, as modified, teaches the system of claim 17 above and Vandermeulen wherein the first heat exchanger, and a refrigerant side of the third heat exchanger are fluidically coupled to the second heat exchanger, and a refrigerant side of the fourth heat exchanger via the vapor compression system [¶ 0067; Fig. 10; apparent from inspection that heat exchangers 1007 and 1026 are in fluid communication with heat exchanger 1016 and 1020 via at least paths 1019, 1021, 1022, etc. from compressor 1018].
Regarding Claim 19, Vandermeulen, as modified, teaches the system of claim 16 above and Vandermeulen teaches wherein a desiccant side of the third heat exchanger is fluidically coupled to a desiccant side of the fourth heat exchanger via the interchange heat exchanger and the liquid desiccant system [¶ 0067-0069; Fig. 10; heat exchangers 1026 and 1020 are in thermal communication with each other within the desiccant system via at least heat exchanger 1029].
Regarding Claim 20, Vandermeulen, as modified, teaches the system of claim 16 above and Vandermeulen teaches wherein the one or more secondary heat exchangers are operable as a condenser and/or an evaporator to control the temperature of the desiccant supplied to the absorber to adjust the temperature and humidity of the supply airstream downstream of the absorber [¶ 0065-0067; heat is removed from liquid desiccant via heat exchanger 1026, then circulated through conditioner 1002, while hot refrigerant is conducted through heat exchanger 1020 to raise the temperature of the desiccant to flow through regenerator 1012].
Regarding Claim 21, Vandermeulen, as modified, teaches the system of claim 16 above and Vandermeulen teaches wherein the absorber [1002] is configured entirely in the supply airstream [1001] [¶ 0065; Fig. 10; apparent from inspection that airflow 1001 flows through 1002] and the desorber [1012] is configured entirely in the regeneration airstream [1010] [¶ 0065; Fig. 10; apparent from inspection that at least airflow 1010 and 1011 flows through 1012].
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Vandermeulen and Moffitt, as applied to claim 3 above, and further in view of Levy et al. (US 20120266618 A1, hereinafter “Levy”).
Regarding Claim 9, Vandermeulen, as modified, teaches the RTU of claim 3 above but Vandermeulen does not explicitly teach wherein the third heat exchanger is operated as a condenser when the desiccant supplied to the absorber is to be heated for adjusting the temperature and the humidity of the supply airstream downstream of the absorber.
However, Levy teaches an air cooled absorption cooling system [Figs. 7A-7C], wherein a compressor [R4, R6] is in fluid communication with a plurality of heat exchangers [R1, R2] and a plurality of valves [V24, V26, V27], such to enable the system so that it may operate in at least two modes, cooling and heating [Figs. 7B-7C; ¶ 0080-0084]. This process necessarily swaps the respective operations of heat exchangers R1 and R2 depending on the desired operation mode, thereby providing a means for advanced control of the system, such that the COP is as high as possible [¶ 0085]. One of ordinary skill in the art could have combined the reversible system as claimed by known methods and that in combination, the reversible system would perform the same function as it did separately, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. to provide a means for advanced control of the system, such that the COP is as high as possible, dependent upon environmental factors, thus improving the system [¶ 0085].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Vandermeulen, to have wherein the third heat exchanger is operated as a condenser when the desiccant supplied to the absorber is to be heated for adjusting the temperature and the humidity of the supply airstream downstream of the absorber, in view of the teachings of Levy, where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. to provide a means for advanced control of the system, such that the COP is as high as possible, dependent upon environmental factors, thus improving the system.
Response to Arguments
On pages 10-12 of the remarks, Applicant argues that arriving at the specific construction of the combined prior art in the Office Action has destroyed the intent of the references. Applicant specifically states the belief that the proposed modification or combination of the prior art changes the principle of operation of the prior art being modified because Vandermeulen’s vapor compression system is configured to deliver heating and cooling to the desiccant loop. Applicant’s arguments have been fully considered but they are not persuasive.
Specifically, Applicant’s statements on page 11 appear to be drawn to discussing the differences between Vandermeulen and Moffitt, emphasizing that Vandermeulen utilizes a plurality of extra heat exchangers in tandem with the single compression system in order to enable the operations of absorbers and desorber 1002 and 1012, whereas Moffit instead utilizes rotating desiccant wheels [Moffitt 140, 150] in order to enable the operations of their respective absorbers and desorber [Moffitt 142, 152, 144, 154]. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Therefore while Moffitt may utilize a different method for enabling a desiccant (i.e. a rotating wheel), the combination of the prior art rejection does not rely on Moffitt to teach the claimed single vapor compression system linking the plurality of heat exchangers in air streams with other heat exchangers to enable the desiccant system, these limitations are taught by Vandermeulen. Rather, Moffitt is incorporated only to establish that the claimed spatial location of a heat exchanger in an air stream, in a vapor compression system, being upstream of a desiccant system is known in the art [heat exchanger 130 is upstream of 142 in airstream 105 to a conditioned space; heat exchanger 162A is upstream of 154 in another airstream to an ambient environment 104].
Furthermore, it is respectfully submitted that the prior art Vandermeulen does not explicitly criticize, discredit, or otherwise discourage the solution claimed, and prior arts should be considered for all they contain [MPEP 2123]. Therefore, when considering that Vandermeulen teaches the plurality of claimed heat exchangers in a single compression system, and does not discourage disposing heat exchangers elsewhere in the system; considering that Moffitt teaches a known advantage to disposing heat exchangers upstream of a desiccant system [Moffitt ¶ 0062; disposing a heat exchanger upstream of the desiccant system may further aid in dehumidifying the airflow, as the act of cooling is known to create condensation, thereby also providing some dehumidification before the desiccant wheel, thus improving the dehumidification of the system]; considering that Vandermeulen’s intended purpose is to provide cooling/heating and/or humidification/dehumidification, it is obvious for one of ordinary skill in the art to pursue all known means in the art to improve an apparatus (i.e. provide heat exchangers upstream of desiccant systems to improve dehumidification).
On pages 11-12 of the remarks, Applicant’s statements also appear to imply that modification of Vandermeulen would require a separate compression system to provide heat exchangers upstream. Respectfully, the Applicant’s statements are not convincing as Vandermeulen explicitly discloses that heat exchangers 1007 and 1016 are part of said single vapor compression system. A variety of possible combinations not fully exhausted may include either simply relocating the existing heat exchangers in Vandermeulen to the claimed location (as shown in Moffitt) or providing additional heat exchangers to the single vapor compression system (as Moffitt similarly discloses that a variety of heat exchanger configurations are possible and known to utilize a single refrigeration circuit). Accordingly, the rejections to the claims are maintained.
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 KEITH S MYERS whose telephone number is (571)272-5102. The examiner can normally be reached 8:00-4:00.
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/KEITH STANLEY MYERS/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
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