DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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 6, 8, 9, 10, 13 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 pre-AIA the applicant regards as the invention.
Claim 6 recites “pressure drive”. The bolded phrase makes the claimed limitations indefinite, because it is unclear what the structure of pressure drive is. The specification does not clearly define the structure of pressure drive, it is unclear whether or not pressure device is a structural. There is no structure defined in the specification, neither any drawing to illustrate a pressure drive in order to have understanding of the claimed invention. More clarification is required. For the purpose of examination, it is interpreted that pressure device is a candidate material having ability to maintain a pressure differential.
Claims 8, 9 recite “target”. The bolded phrase makes the claimed limitations indefinite, because it is unclear what the structure of target is. The specification does not clearly define the structure of target, it is unclear if target is a separate structure or it is part of the structure of chambers. More clarification is required. For the purpose of examination, it is interpreted that a target is a heat exchanger which fluidly coupled to top and bottom surfaces of the chambers, because uncooled fluid enters at one side of the heat exchanger, and exits as cooled fluid at other side of the heat exchanger.
Claim 10 recites “a controlled amount of the base fluid”. It is unclear if the bolded limitation refers to the previously claimed limitation in claim 1. Not only does the phrase in the claim lacks a definite article (e.g. the or said) but the limitation is inconsistently recited.
Claim 13 recites “semi-permeable membrane”. The bolded phrase makes the claimed limitations indefinite, because it is unclear what semi-permeable membrane is. The specification does not define the structure of the bolded limitation. The specification assigned letter “M” to semi-permeable membrane, but there is no description given to define the bolded limitation. More clarification is required. For the purpose of examination, outer surface of the membrane is interpreted as semi-permeable membrane.
Allowable Subject Matter
Claims 12, 16 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.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-11, 13, 14, 17, 18, 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johnson (US 2018/0299170 A1).
Claim 1: Johnson discloses a system for pressure-based cooling, the system (FIG.1) comprising:
a primary chamber (5) holding a base fluid (6) in a liquid state;
a secondary chamber (7) holding a carrier fluid (8), wherein the secondary chamber (7) is configured to receive a controlled amount (paragraph [32]: selective transfer of working fluid across) of the base fluid from the primary chamber (5),
wherein the secondary chamber (7) has a substantially lower pressure than the primary chamber (5) such that a pressure differential cases the base fluid to change state to a vapor state while moving (paragraph [34]: vapor chamber 7 to maintain partial pressure of working fluid in chamber less than partial pressure of same fluid in working fluid compartment 5) from the primary chamber (5) to the secondary chamber (7) so as to absorb heat causing cooling at a first level (functional language/intended use),
wherein the carrier fluid (8) is configured to aid movement of the base fluid (6) from the primary chamber (5) to the secondary chamber (7); and
a flow controller (1) configured to control flow of the base fluid (6) from the primary chamber (5) to the secondary chamber (7).
Claim 2: Johnson discloses the apparatus as claimed in claim 1, further comprising: at least one of a pump (paragraph [44]: working fluid to compartment 5, pump configured to divert portion of the condensed working fluid from the return pathway) and a non-circulating type base fluid (to clarify, base fluid in primary chamber 5 caused by pump or non-circulating type base fluid), wherein the base fluid in the primary chamber (5) is configured to be circulated by the at least one of the pump (paragraph [44]: pump) and the non-circulating type base fluid (6).
Claim 3: Johnson discloses the apparatus as claimed in claim 1, wherein the primary chamber (5) is thermally conductive.
Claim 4: Johnson discloses the apparatus as claimed in claim 1, wherein the secondary chamber (7) is lined with a fluid-absorbing, thermally-conductive material to absorb the base fluid (6) while the base fluid evaporates (paragraph [39]: vapor chamber 7 to maintain working fluid 6 in chamber configured to collect vapor 8 of working fluid 6 evaporated into vapor chamber 7).
Claim 5: Johnson discloses the apparatus as claimed in claim 1, wherein at least one of an outer surface (inherent) of the secondary chamber (7) and a surface (inherent) of the primary chamber (5) on a side of the secondary chamber (5) are a target of the cooling (paragraph [27]: target fluid).
Claim 6: Johnson discloses the apparatus as claimed in claim 1, wherein the secondary chamber (7) is connected to a pressure drive (paragraph [27]: materials used in the system material includes selectivity the ability to maintain absolute pressure differential across the material without transferring excessive amount of non-targeted gases through the material and flux capability) maintaining the pressure differential between the primary chamber (5) and the secondary chamber (7), and wherein the pressure drive is configured to adjust the pressure differential based on required cooling temperature and cooling intensity (functional language; paragraph [32]: adjusting pressure based on temperature of cooling liquid).
Claim 7: Johnson discloses the apparatus as claimed in claim 1, wherein the secondary chamber (7) is a negative pressure chamber so as to lower a boiling point of the base fluid (6) entering the secondary chamber (paragraph [39]; to clarify, chamber 7 is a negative pressure vacuum so as to lower boiling point of base fluid 6 entering chamber 7 changing liquid state to vapor state).
Claim 8: Johnson discloses the apparatus as claimed in claim 1, further comprising: a target (2 used as target; see FIG.1) being coupled to the primary chamber (5), wherein the base fluid (6) is configured to absorb heat from the target (2; functional language) from the primary chamber (5) and the base fluid (6) in the secondary chamber (7) is configured to directly absorb heat of the base fluid in the primary chamber and indirectly absorb heat from the target (2).
Claim 9: Johnson discloses the apparatus as claimed in claim 1, further comprising: a target (based on broadest reasonable interpretation, target is heat exchanger 2 fluidly coupled to top surface of chamber 7, and coupled to bottom surface of working fluid compartment 5; see FIG.2, chambers 5, 7 at top and bottom of heat exchanger 2 in fluid communication) being coupled to the secondary chamber (7), wherein the base fluid (6) is configured to absorb heat directly from the target (2) from the secondary chamber (7).
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Claim 10: Johnson discloses the apparatus as claimed in claim 1, wherein the flow controller (1) is a barrier between the primary chamber (5) and the secondary chamber (7) that allows a controlled amount of the base fluid (6) into the secondary chamber (7).
Claim 11: Johnson discloses the apparatus as claimed in claim 1, wherein the flow controller (1) is a membrane that allows the base fluid (6) to flow through it under at least one of the pressure differential (paragraph [27]: pressure differential), a mechanical force, an electronic signal, and a resonant frequency.
Claim 13: Johnson discloses the apparatus as claimed in claim 1, wherein the primary chamber (5), the secondary chamber (7), and the flow controller (1) are all thermally conductive and flexible, and wherein the flow controller (1) includes a semi-permeable membrane separating (based on broadest reasonable interpretation, outer surface of membrane 1 is semi-permeable membrane) the primary chamber (5) from the secondary chamber (7) and in fluid communication with the primary chamber (5) and the secondary chamber (7).
Claim 14: Johnson discloses the apparatus as claimed in claim 1, further comprising: a vacuum generator (paragraph [40]: liquid to evaporate through the selective membrane into a vacuum plenum from which water molecules drawn into vapor) connected to the secondary chamber (7) to generate a vacuum in the secondary chamber (7), wherein the carrier fluid (8) is configured to carry vapor to the vacuum generator (paragraph [40]: vacuum plenum) and maintain a flow velocity for cooling (functional language) by vaporization of the base fluid (6) on the flow controller (1).
Claim 17: Johnson discloses the apparatus as claimed in claim 1, wherein the flow controller (1) includes one or more flow-control valve (12) configured to control the flow of the base fluid using at least one of vacuum (paragraph [40]: liquid to evaporate through the selective membrane into a vacuum plenum from which water molecules drawn into vapor), temperature, flow rate, humidity, and atomization.
Claim 18: Johnson discloses the apparatus as claimed in claim 1, wherein the flow controller (1) includes one or more flow-control valves (12) configured to control the flow of the carrier fluid (8; to clarify, membrane 1 control the flow of working fluid in both form liquid and vapor) using at least one of vacuum (paragraph [40]: liquid to evaporate through the selective membrane into a vacuum plenum from which water molecules drawn into vapor), temperature, flow rate, humidity, and atomization.
Claim 20: Johnson discloses the apparatus as claimed in claim 1, wherein at least one of an outer surface (inherent) of the secondary chamber (7) and a surface (inherent) of the primary chamber (5) on a side of the secondary chamber (5) are a target for being cooled and connected to a heat exchanger (2).
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 15, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 2018/0299170 A1).
Claim 15: Johnson discloses the apparatus as claimed in claim 1, wherein the flow controller (1) includes valve (inlet valve 12) configured to spray the base fluid (6) from the primary chamber (5) to the secondary chamber (7) so as to cause cooling at a second level (functional language).
Johnson discloses the claimed limitations in claim 15, except for valves. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the apparatus of Johnson to include valves in order to enhance adding additional working fluid through the system thus improving heat transfer (paragraph [48]), since it has been held that mere duplication of the essential working parts of a known device involves only routine skill in the art Duplication of parts: MPEP 2144.04 VI-B.
Claim 19: Johnson discloses the apparatus as claimed in claim 1, further comprising:
inlet valve (12) for the base fluid and the carrier fluid (8);
a vacuum (paragraph [40]: liquid to evaporate through the selective membrane into a vacuum plenum from which water molecules drawn into vapor) configured to apply the pressure differential (paragraph [27]: pressure differential) between the primary chamber (5) and the secondary chamber (7); and
a controller (1) configured to control the inlet valve (12), the vacuum, a temperature of the base fluid (6), and a temperature of the carrier fluid (8).
Johnson discloses the claimed limitations in claim 19, except for inlet valves. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the apparatus of Johnson to include inlet valves in order to enhance adding additional working fluid through the system thus improving heat transfer (paragraph [48]), since it has been held that mere duplication of the essential working parts of a known device involves only routine skill in the art Duplication of parts: MPEP 2144.04 VI-B.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure which is relevant to thermal regulation:
Eadelson (US 11,462,786 B2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMRAN TAVAKOLDAVANI whose telephone number is (313)446-6612. The examiner can normally be reached on M-F 8:00 am to 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached on (571) 272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KAMRAN TAVAKOLDAVANI/Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763