Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
The claims received 5/12/2026 are entered. Claims 15-16 are cancelled. Claims 21-22 are new.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-4 and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 8, 10-17, and 20-22 of U.S. Patent No. 12,078,385. Although the claims at issue are not identical, they are not patentably distinct from each other because:
The features of instant claims 1-4 are found in cited claim 1.
The features of instant claim 5 are found in cited claim 2.
The features of instant claim 6 are found in cited claim 3.
The features of instant claim 7are found in cited claim 4.
The features of instant claim 8 are found in cited claim 5.
The features of instant claim 9 are found in cited claim 8.
The features of instant claim 10 are found in cited claim 10.
The features of instant claim 11 are found in cited claim 11.
The features of instant claim 12 are found in cited claim 12.
The features of instant claim 13 are found in cited claim 13.
The features of instant claim 14 are found in cited claim 14.
The features of instant claim 17 are found in cited claim 17.
The features of instant claim 18 are found in cited claim 20.
The features of instant claim 19 are found in cited claim 21.
The features of instant claim 20 are found in cited claim 22.
The examiner further notes that there is no prohibition to the Nonstatutory Double Patenting Rejection in this instance as the application was not filed in response to an office requirement for restriction. MPEP 804.01. Rather in this instance the instant application and the cited patent above are to the same species.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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 1-11 and 17-20 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Pierson (US 7,343,746) in view of Hsieh (US 6,394,174).
Regarding claims 1, 19, and 20, Pierson discloses a method for heat dissipation using a hygroscopic working fluid, the method comprising:
transferring thermal energy from a heated process fluid (fluid in circuit 16) to the hygroscopic working fluid (circuit including the cooling tower contains hygroscopic working fluid; 15:24-25 notes that recitation of water throughout the disclosure includes both water and aqueous solution; potassium formate and sodium nitrate are examples) in a process heat exchanger/chiller (13), to form a cooled process fluid;
condensing liquid from a feed gas on a heat transfer surface of a feed gas heat exchanger (14; condensate capture shown in figure 1) in contact with the cooled process fluid, to form a cooled feed gas, the heated process fluid, and a condensate;
dissipating thermal energy from the hygroscopic working fluid to a cooling gas composition with a fluid-air contactor (“cooling tower” of figure 1), wherein the fluid-air contactor collects the hygroscopic working fluid in a fluid-air contactor hygroscopic working fluid-collection basin after it has contacted the cooling gas composition in the fluid-air contactor;
transferring moisture between the hygroscopic working fluid and the cooling gas composition with the fluid-air contactor (the nature of operation of a cooling tower includes moisture transfer); and
transferring the hygroscopic working fluid from the fluid-air contactor hygroscopic working fluid-collection basin to the process heat exchanger (fluid is circulated by “cooling water circulating pumps” to process heat exchanger 13).
Pierson lacks adding at least part of the condensate to the hygroscopic working fluid. Rather the condensate is utilized for optional inlet fogging.
Hsieh discloses a system for reclaiming process water (condensate) where captured condensate (96) is added back to a working fluid (within cooling tower 72).
It would have been obvious to one of ordinary skill in the art to have provided the captured condensate of Pierson to the hygroscopic working fluid of the cooling tower circuit as taught by Hsieh in order to provide make-up water.
Further regarding the fluid-collection basin of the fluid air contactor. Pierson discloses a “cooling tower” at figure 1. It is well understood in the art that a cooling tower is inclusive of a basin. Nonetheless Hsieh evidences a cooling tower (72) having a basin (76). It would have been obvious to one of ordinary skill in the art to have provided Pierson with a basin in order to provide fluid for sustained operation.
Regarding claim 2, Pierson discloses collecting the condensate in a feed gas heat exchanger condensate-collection basin (basin shown in figure 1 of Pierson at the “optional inlet fogging”), and transferring the condensate from the feed gas heat exchanger condensate-collection basin to a condensate storage tank (90 of Hsieh), to form a stored condensate in the condensate storage tank.
Regarding claim 3, Pierson discloses operating the process heat exchanger at night or other off-peak hours when power demand is low (15:33-53 discusses off-peak operation) comprising storing the cooled process fluid in a process fluid storage tank (18) for subsequent conveyance to the feed gas exchanger (14) and providing the stored condensate from the condensate storage tank to the hygroscopic working fluid (provided by modification at claim 1), wherein providing the stored condensate from the condensate storage tank to the hygroscopic working fluid comprises providing the stored condensate from the condensate storage tank to the fluid-air contactor hygroscopic working fluid-collection basin.
Regarding claim 4, Pierson discloses decoupling the process heat exchanger at daytime or other peak hours when power demand is high (16:3-5) comprising performing the transferring of the condensate from the feed gas heat exchanger condensate-collection basin to the condensate storage tank (as provided in modification at claim 1) and providing the cooled process fluid from the process fluid storage tank to the feed gas heat exchanger (16:3-30).
Regarding claim 5, Pierson discloses the condensing of the liquid from the feed gas comprises transferring thermal energy from the feed gas to the cooled process fluid (process heat exchanger 14 cools the feed gas).
Regarding claim 6, Pierson discloses feeding the cooled feed gas to a rotary mechanical device (32 and 36).
Regarding claim 7, Pierson the feed gas comprises the ambient atmosphere, a gas having more water vapor than the ambient atmosphere, a gas having less water vapor than the ambient atmosphere, or a combination thereof (15a is ambient atmosphere).
Regarding claim 8, Pierson the process heat exchanger (13) is a chiller that moves thermal energy from the heated process fluid to the hygroscopic working fluid via a chiller working fluid.
Regarding claim 9, Pierson as modified discloses the feed gas has sufficient humidity such that the condensing of the liquid from the feed gas (condensate collected under 14 as shown in figure 1) provides condensate to make up for water lost from the hygroscopic working fluid during the method (providing the collected condensate to the hygroscopic working fluid provided at the modification at claim 1). It is noted the condensate collected is some quantity of water and the water lost from the hygroscopic working fluid is some quantity of water. Pierson does not state if the quantity of water condensed is equal to or larger than the quantity of water lost. Further the quantity of water condensed is dependent upon the humidity of the atmospheric air. It has been held that the optimization of a result-effective variable is obvious. In this instance the amount of condensate provided to the hygroscopic working fluid reduces or eliminates the quantity of make-up water needed. Therefor because the quantity of condensate is recognized as effecting the result of reducing or eliminating make-up water from an external source; the relation of quantity condensed > water lost from the hygroscopic working fluid is not a product of innovation but of ordinary skill and is obvious.
Regarding claim 10, Pierson discloses maintaining the hygroscopic working fluid to prevent crystallization of the desiccant from the desiccant-based hygroscopic working fluid (the addition of condensate from the modification at claim 1 maintains the hygroscopic working fluid).
Regarding claim 11, Pierson discloses the cooling gas composition comprises the ambient atmosphere (the cooling tower utilizes the ambient atmosphere as is well understood).
Regarding claim 17, Pierson discloses the feed gas comprises humidity from at least one of a spray, mist, or fog of water directly into the feed gas composition (27:54-66).
Regarding claim 18, Pierson as modified discloses the method of claim 1, but lacks further details of the fluid-air contactor. The examiner takes official notice that falling-film heat exchangers comprising falling film wicks with a basin there below is old and well known. It would have been obvious to one of ordinary skill in the art to have provided Pierson with a falling-film wick type heat exchanger in order to enhance heat exchange.
Regarding claim 21, Pierson discloses transferring moisture between the hygroscopic working fluid (such as Potassium Formate 15:18) and the cooling gas with the fluid air contactor (within the “cooling tower”) comprises exchanging moisture between the hygroscopic working fluid and the cooling gas composition to approach equilibrium of water vapor pressure between the hygroscopic working fluid and the cooling gas composition (the nature of water evaporating in the cooling tower drives the system toward equilibrium).
Claims 12-14 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Pierson (US 7,343,746), in view of Hsieh (US 6,394,174), and in view of Bowman (US 5,407,606).
Regarding claims 12-14, Pierson discloses the cooling tower uses a cooling gas composition that is ambient atmosphere, and lacks the gas having more water vapor than the ambient atmosphere. Bowman discloses a cooling tower which includes a cooling gas composition having more water vapor than the ambient air (spray trees arranged about the cooling tower increase water vapor in the ambient air). It would have been obvious to one of ordinary skill in the art to have provided Pierson with the additional water vapor as taught by Bowman in order to increase air flow velocity and provide net cooling temperature (discussed at column 6 of Bowman).
Claims 21-22 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Pierson (US 7,343,746), in view of Hsieh (US 6,394,174), and in view of Robison (US 4,287,721).
Regarding claim 21, Pierson discloses transferring moisture between the hygroscopic working fluid (such as Potassium Formate 15:18) and the cooling gas with the fluid air contactor (within the “cooling tower”) comprises exchanging moisture between the hygroscopic working fluid and the cooling gas composition to approach equilibrium of water vapor pressure between the hygroscopic working fluid and the cooling gas composition (the nature of water evaporating in the cooling tower drives the system toward equilibrium). Further regarding exchanging moisture between the hygroscopic working fluid and the cooling gas composition, Robison is provided. Which is to say that Pierson provides the hygroscopic solution for the purpose of preventing freezing rather than explicitly for its hygroscopic property (which is an intrinsic property of potassium formate solution). Robison discloses using a hygroscopic solution to attract water vapor which forms a cooled solution (1:63-2:6). It would have been obvious to one of ordinary skill in the art to have provided Pierson with the step of evaporating moisture from the air as taught by Robison in order to provide a cooling effect at the solution.
Regarding claim 22, Pierson discloses the hygroscopic working fluid comprises a solution of a hygroscopic substance and water, wherein the hygroscopic substance attracts moisture vapor and forms a liquid solution with water having a reduced water vapor pressure relative to pure water (at column 15 the potassium formate additive is described as a “mixture” however at claims 5-7 is described as a solution. It is well known that potassium formate is highly soluble in water and thus is understood to be a solution). To the extent that applicant argues that the system of Pierson does not attract water vapor, Robison is provided. Which is to say that Pierson provides the hygroscopic solution for the purpose of preventing freezing rather than explicitly for its hygroscopic property (which is an intrinsic property of potassium formate solution). Robison discloses using a hygroscopic solution to attract water vapor which forms a cooled solution (1:63-2:6). It would have been obvious to one of ordinary skill in the art to have provided Pierson with the step of evaporating moisture from the air as taught by Robison in order to provide a cooling effect at the solution.
Response to Arguments
Applicant's arguments filed 5/12/2026 have been fully considered but they are not persuasive.
At page 7, applicant purports that Pierson does not exchange moisture between the hygroscopic working fluid and the cooling gas to approach equilibrium water vapor pressure as described in new claim 21. However such a water vapor pressure is a driving force of evaporative cooling. Notwithstanding, Robison is provided to remove any ambiguity.
At page 8, applicant purports that Pierson lacks attracting moisture vapor. However Pierson utilizes a potassium formate solution. A property of a potassium formate solution is that it is hygroscopic and therefore attracts water vapor. Nonetheless Robison is provided to remove any ambiguity of the nature of a hygroscopic solution attracting water vapor as claimed.
At page 10 applicant purports that Pierson lacks a hygroscopic working fluid. However Pierson discloses potassium formate and sodium nitrate solutions. While Pierson may do so for the purpose of freezing point suppression this does not negate the material property of said solutions being hygroscopic.
At page 11 applicant discusses the transfer of moisture. Applicant moreover notes the nature of a cooling tower including evaporation of water and then asserts that such evaporation is not “transfer moisture between”. However evaporating water from the solution to air is very much a transfer of moisture. Applicant’s argument is not consistent with the physical action occurring.
Regarding page 12, it was and still is acknowledged that Pierson does not explicitly teach a basin. However a basin is understood to be inclusive with the cooling tower, nonetheless Hsieh is relied upon for his explicit teaching of a basin.
At page 13, applicant discusses the combination with Hsieh and particularly the source of the condensate. However Pierson is relied upon for capture of condensate from a feed gas.
At page 14, applicant continues with the erroneous characterization of Pierson. The working fluid of Pierson is a hygroscopic working fluid for the reasons that have been repeatedly discussed above.
At pages 14-15 applicant discusses benefits of the invention. The examiner applies the references to the claims. It is further noted that Robison discloses cyclically absorbing and releasing moisture.
At pages 15-16 applicant discusses claim 19, Pierson does provide a plurality of chillers to transport heat between the process fluid and hygroscopic working fluid as shown in figure 1.
At pages 16-17 applicant discusses claim 20, applicant continues to mischaracterize Pierson who does explicitly disclose potassium formate solution which is hygroscopic.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Guimaraes (US 6,044,640) process air cooling
Desai (US 2013/0186117) process air cooling
Smith et al (US 5,193,352) condensate storage tank for process air cooling
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 CHRISTOPHER R ZERPHEY whose telephone number is (571)272-5965. The examiner can normally be reached M-F 7:00-4:00 PM.
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, Jianying Atkisson can be reached at 5712707740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R ZERPHEY/Primary Examiner, Art Unit 3799
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