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 .
Priority
This application discloses and claims only subject matter disclosed in prior Application No. 17/661,910, filed 5/3/2022, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application may constitute a continuation or divisional. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
The Application Data Sheet filed 8/6/2024 appears to have a typo and claims priority to Application No. 17/661,901.
Applicant must file a correct ADS to correct priority claim to Application No. 17/661,910. Applicant should ensure other CIP applications are correct.
Claim Objections
Claim 19 is objected to because of the following informalities: on line 1, the recitation “w wherein” appears to have a typo of “w” that must be deleted. Appropriate correction is required.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 10,759,677. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘677 patent are less limited, however the instant claims require that the evaporation chamber has multiple sides rather than the claimed front surface, however evaporation chambers are known to include multiple sides and claiming the presence of the multiple sides would be routine skill to the skilled artisan.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,318,395. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘395 patent are less limited, however the instant claims require that the evaporation chamber has multiple sides rather than the claimed front surface, however evaporation chambers are known to include multiple sides and claiming the presence of the multiple sides would be routine skill to the skilled artisan.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,053,715. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘715 patent are less limited, however the instant claims require that the evaporation chamber has multiple sides rather than the claimed front surface, however evaporation chambers are known to include multiple sides and claiming the presence of the multiple sides would be routine skill to the skilled artisan.
Allowable Subject Matter
Claims 1-20 would be allowable if a timely-filed, properly-executed Terminal Disclaimer were submitted to overcome the obviousness type double patenting rejection and if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not fairly teach or suggest all limitations of the claims, as amended, of a distillation apparatus comprising: a. a photovoltaic cell that has a front surface configured for exposure to light, wherein the front surface of the photovoltaic cell is heated when it is exposed to light; b. an evaporation chamber that contains air therein, wherein the evaporation chamber has multiple sides and each side has an inner surface and an outer surface, wherein the front surface of the photovoltaic cell is adjacent to a first side of the evaporation chamber, and wherein the air is heated when the front surface of the photovoltaic cell is exposed to light; c. a condensation chamber situated adjacent to the evaporation chamber; and d. an untreated water chamber that contains untreated water, wherein the untreated water chamber operationally connected to the evaporation chamber; wherein the apparatus is configured to heat the untreated water without the use of a heating unit or a heat exchange unit; wherein the apparatus does not include a heating unit or a heat exchange unit; wherein the untreated water is heated by the heated air or by contact with at least one inner surface of the evaporation chamber; and wherein the apparatus is used to generate treated water from the untreated water that is heated using the apparatus.
Faidi et al (US 2014/0360859) is regarded as the closest relevant prior art of record. Faidi teaches a distillation apparatus comprising: a. a photovoltaic cell 12; b. an evaporation chamber 14; c. a condensation chamber 16; and d. an untreated water chamber 22 (see Fig 1, [0017-0025]); the apparatus allows direct heating of the untreated water (via waste heat from PV cell the apparatus is used to generate treated water from the untreated water that is heated using the apparatus (PV cell 16 waste heat heats the water to cause evaporation and condensing to purified water sent to filter 20). In Faidi, condensation chamber 16 is routed through a heat exchange tube in inlet tank 18. However Faidi does not teach wherein the apparatus allows direct heating of untreated water without the use of a heating unit or heat exchange unit; wherein the apparatus does not include a heating unit or a heat exchange unit and Faidi includes a heat exchange before the PV heated evaporation chamber, additionally Faidi includes direct heating of the water, rather than the claimed “wherein the air is heated when the front surface of the photovoltaic cell is exposed to light… wherein the untreated water is heated by the heated air or by contact with at least one inner surface of the evaporation chamber”.
Kaufmann (US 5,650,050) teaches that incoming impure water 8 is sprayed via 3 into evaporation chamber where it hits directly heated surface 1 to evaporate the untreated water (See Fig 1, Col. 3, ln. 30-63), wherein vapors are provided to condenser 10 that Kaufmann teaches increases the cooling effect of a condenser with a fan 16 through known condenser designs (See Fig 1 and Col. 3, ln. 64 through Col. 4, ln. 5) however does not render obvious the claimed “wherein the air is heated when the front surface of the photovoltaic cell is exposed to light… wherein the untreated water is heated by the heated air or by contact with at least one inner surface of the evaporation chamber”
Pertinent Art
Citations in the parent application are also cited here.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN MILLER whose telephone number is (571)270-1603. The examiner can normally be reached on Monday - Friday 9 - 5.
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/JONATHAN MILLER/Primary Examiner, Art Unit 1772