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 .
Information Disclosure Statement
The information disclosure statement filed 09/20/2024 is acknowledged by the Examiner.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-16 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Lehner et al. (US 20140048143).
Lehner et al. discloses:
1. A pressure exchanger (100, 200, 300, 400, 500, 600) comprising: a rotor (132 is an electric motor which has a rotor to rotate 130) configured to exchange pressure between a first fluid (High Pressure fluid) and a second fluid (Low Pressure fluid); an end cover (120 or 122) disposed at a first distal end of the rotor, the end cover forming end cover low pressure ports (ports seen through 120 which would align with 140) and end cover high pressure ports (ports seen through 120 which would align with 142); and a flow adapter (126 or 128) comprising: a planar surface (138, fig. 3) forming planar low pressure openings (140) and planar high pressure openings (142), wherein the planar surface is configured to seal to the end cover ([0050] states “a sealing plate 146 positioned between the plate 120, 122 and the respective valve 126, 128”); a distal end forming a distal low pressure opening (134), wherein low pressure fluid flow is between the end cover low pressure ports and the distal low pressure opening via the planar low pressure openings ([0034] states “the pressure exchanger 100 may be configured to enable low-pressure fluid to enter and leave the pressure exchanger 100 (e.g., through ports 102, 104) along the center of the pressure exchanger 100 (e.g., along the longitudinal axis L100 or centerline of the pressure exchanger 100)”, and as seen in fig. 2, opening 134 would line up with ports 102 or 104); and an upper surface (tapered outer surfaces of 126 or 128 forms an upper surface) forming upper high pressure openings (136), wherein high pressure fluid flow is between the end cover high pressure ports and the upper high pressure openings via the planar high pressure openings ([0034] states “high-pressure fluid enters and leaves the pressure exchanger 100 (e.g., through ports 106, 108) in a direction transverse to the longitudinal axis L100 or centerline of the pressure exchanger 100 (e.g., tangential to the rotation of the valve assembly, discussed below, in the pressure exchanger 100)”, and as seen in fig. 2, openings 136 align with 106 or 108).
2. The pressure exchanger of claim 1, wherein the flow adapter is configured to direct flow paths between the end cover and external ports (102, 104, 106, 108) of the pressure exchanger (flow paths between the end cover and external ports can be seen in figs. 4 and 5).
3. The pressure exchanger of claim 1, wherein the flow adapter is configured to set pressure distribution on the end cover to reduce deflection of the end cover in relation to the rotor (note, the limitation following "configured to" is considered functional language and only requires a capability to so perform. It is noted that while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997)).
4. The pressure exchanger of claim 1, wherein the flow adapter is configured to seal against the end cover to provide a sealed pathway between the end cover and external ports of the pressure exchanger (146 seals between adapter 126 or 128 and end cover 120 or 122 to provide a sealed pathway; [0550] states “a sealing plate 146 positioned between the plate 120, 122 and the respective valve 126, 128.”).
5. The pressure exchanger of claim 1, wherein the flow adapter is injection molded (note, the limitation “injection molded” is considered a product-by-process limitation. The patentability of a product does not depend on its method of production. If the product in the product-by process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
6. The pressure exchanger of claim 1, wherein the end cover forms at least two low pressure ports and at least two high pressure ports (several ports in 120 or 122 align with the tubes 124 in fig. 1 or the ducts 614 in fig. 13), wherein the flow adapter is configured to combine fluid flow from the at least two low pressure ports and provides the combined fluid flow to a low pressure external port (flow adapter 128 combines fluid flow into ports 140 and combines them to flow through 134 and out external port 104, as seen in fig. 5).
7. The pressure exchanger of claim 1, wherein the flow adapter combines fluid flow from the end cover low pressure ports of the end cover proximate a center of the end cover to reduce deflection of the end cover in relation to the rotor (as seen in figs. 6 and 13, the openings of 124 in fig. 6 and the ducts 614 in fig. 13 that directs fluid flow to or from the flow adapters 126 or 128 are located toward the center of the end covers 120 or 122).
8. The pressure exchanger of claim 1, wherein the planar surface of the flow adapter is configured to seal to the end cover via face seals or radial seals (as seen in figs. 4, 5, 10, 11, and 14 show seal plate 146 is a face seal between the flow adapter and the opposing end cover plate).
9. The pressure exchanger of claim 1, wherein the flow adapter comprises an over molded steel structure or an over molded ceramic structure ([0041] states “In some embodiments, the valves 126, 128 may comprise a metal, a metal alloy (e.g., stainless steel), a polymer (e.g., a thermoplastic), a ceramic, or combinations thereof.”)(note, the limitation “over molded” is considered a product-by-process limitation. The patentability of a product does not depend on its method of production. If the product in the product-by process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)).
10. A flow adapter (126 or 128) of a pressure exchanger (100, 200, 300, 400, 500, or 600), the flow adapter comprising: a planar surface (138, fig. 3) forming planar low pressure openings (140) and planar high pressure openings (142), wherein face seals (seal plate 146 creates face seals around each fluid tube opening 124 or 614) are to be disposed between the planar surface and an end cover (120 or 122) to seal the flow adapter to the end cover (as seen in figs. 4, 5, 10, 11, and 14), the end cover forming at least two end cover low pressure ports and at least two end cover high pressure ports (more than two ports in 120 or 122 align with the tubes 124 in fig. 1 or the ducts 614 in fig. 13 and capable of allowing low pressure into ports 140 and high pressure into ports 142); a distal end forming a distal low pressure opening (134), wherein low pressure fluid flow is to be between the end cover low pressure ports and the distal low pressure opening via the planar low pressure openings ([0034] states “the pressure exchanger 100 may be configured to enable low-pressure fluid to enter and leave the pressure exchanger 100 (e.g., through ports 102, 104) along the center of the pressure exchanger 100 (e.g., along the longitudinal axis L100 or centerline of the pressure exchanger 100)”, and as seen in fig. 2, opening 134 would line up with ports 102 or 104); and a upper surface (tapered outer surfaces of 126 or 128 forms an upper surface) forming upper high pressure openings (136), wherein high pressure fluid flow is between the end cover high pressure ports and the upper high pressure openings via the planar high pressure openings ([0034] states “high-pressure fluid enters and leaves the pressure exchanger 100 (e.g., through ports 106, 108) in a direction transverse to the longitudinal axis L100 or centerline of the pressure exchanger 100 (e.g., tangential to the rotation of the valve assembly, discussed below, in the pressure exchanger 100)”, and as seen in fig. 2, openings 136 align with 106 or 108).
11. The flow adapter of claim 10, wherein the flow adapter is configured to direct flow paths between the end cover and external ports (102, 104, 106, 108) of the pressure exchanger (flow paths between the end cover and external ports can be seen in figs. 4 and 5).
12. The flow adapter of claim 10, wherein the flow adapter is configured to set pressure distribution on the end cover (note, the limitation following "configured to" is considered functional language and only requires a capability to so perform. It is noted that while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997)).
13. The flow adapter of claim 10, wherein the flow adapter is configured to seal against the end cover to provide a sealed pathway between the end cover and external ports of the pressure exchanger (146 seals between adapter 126 or 128 and end cover 120 or 122 to provide a sealed pathway; [0550] states “a sealing plate 146 positioned between the plate 120, 122 and the respective valve 126, 128.”).
14. The flow adapter of claim 10, wherein the flow adapter is injection molded (note, the limitation “injection molded” is considered a product-by-process limitation. The patentability of a product does not depend on its method of production. If the product in the product-by process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
15. The flow adapter of claim 10, wherein the flow adapter is configured to combine fluid flow from the end cover low pressure ports of the end cover proximate a center of the end cover to reduce deflection of the end cover in relation to a rotor of the pressure exchanger (as seen in figs. 6 and 13, the openings of 124 in fig. 6 and the ducts 614 in fig. 13 that directs fluid flow to or from the flow adapters 126 or 128 are located toward the center of the end covers 120 or 122).
16. The flow adapter of claim 10, wherein the flow adapter comprises an over molded steel structure or an over molded ceramic structure ([0041] states “In some embodiments, the valves 126, 128 may comprise a metal, a metal alloy (e.g., stainless steel), a polymer (e.g., a thermoplastic), a ceramic, or combinations thereof.”)(note, the limitation “over molded” is considered a product-by-process limitation. The patentability of a product does not depend on its method of production. If the product in the product-by process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)).
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 of this title, 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.
Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lehner et al. (US 20140048143) in view of Oklejas, Jr. et al. (US 20210060489).
Lehner et al. disclose:
17. A system comprising: a pressure exchanger comprising: a rotor (132 is an electric motor which has a rotor to rotate 130); an end cover (120 or 122) disposed at a distal end of the rotor; and a flow adapter (126 or 128) configured to passively control pressure at the end cover (126 and 128 control the pressure through the openings of the end cover 120 or 122 that connect to 124 or 614).
Lehner et al. does not disclose a controller configured to: receive, from a lube flow sensor, sensor data; and cause, based on the sensor data, active adjustment of the pressure at the end cover; wherein the controller is to cause active adjustment of the pressure via a lube pump; wherein the controller is to cause active adjustment of the pressure at a surface of the end cover; and wherein the controller is to cause active adjustment of the pressure at a circumferential groove between the rotor and the end cover.
Oklejas, Jr. et al. teach a related pressure exchanger that includes a controller (130) configured to: receive, from a lube flow sensor (1230), sensor data ([0101] states “The sensor 1230 may be a pressure sensor that generates a pressure signal”); and cause, based on the sensor data, active adjustment of the pressure between the sealing face of the pressure exchanger fluid ports ([0100] states “a chamber 1210 is provided to provide an axial force on the rotary valve plate 242″. By controlling the pressure within the chamber 210, the amount of axial force may be controlled to a desired amount”); wherein the controller is to cause active adjustment of the pressure at between the sealing of the valves and the end face of the stator ([0100] states “By controlling the pressure within the chamber 210, the amount of axial force may be controlled to a desired amount”); and wherein the controller is to cause active adjustment of the pressure at a circumferential groove (grooves 1110, 1112, 1114, 1116 in fig. 11a, 1140, 1142, 1144, 1146 in fig. 11b are arranged along a circumference) along the sealing faces, for the purpose of extending the operating time without creating unacceptable leakage (see[0094]) in a manner that is automatically controlled.
It would have been obvious to one having ordinary skill in the art to modify the invention of Lehner et al., to include a controller configured to: receive, from a lube flow sensor, sensor data; and cause, based on the sensor data, active adjustment of the pressure at the end cover; wherein the controller is to cause active adjustment of the pressure via a lube pump; wherein the controller is to cause active adjustment of the pressure at a surface of the end cover; and wherein the controller is to cause active adjustment of the pressure at a circumferential groove between the rotor and the end cover, as taught by Oklejas, Jr. et al., for the purpose of extending the operating time without creating unacceptable leakage, in a manner that is automatically controlled.
Although Oklejas, Jr. et al. does not disclose a pump specifically is providing adjustment of the pressure of the lubricant from a supply source, through the valves, and to the grooves, it would have been obvious to one having ordinary skill in the art to modify the invention of Lehner et al. wherein the controller is to cause active adjustment of the pressure via a lube pump, since the Examiner takes Official Notice of facts by asserting that using a pump to provide adjustment of a lubricant from a supply source through a fluid circuit, is old and well known in the art and of notorious character and serves only to "fill in the gaps" which might exist in the evidentiary showing made by the examiner to support a particular ground of rejection MPEP 2144.03.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20150184502 discloses a related pressure exchanger with a lubricating system. US 10024496 and US 20060245909 also disclose relate pressure exchangers with an axially flowing channel and a radially directed channel for the low and high pressure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARINA TIETJEN, whose telephone number is 571-270-5422. The examiner can normally be reached on Monday-Friday (10:30AM-7:00PM CST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Tom Barrett can be reached at 571-272-4746, Ken Rinehart can be reached at 571-272-4881, and Craig Schneider can be reached at 571-272-3607. 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.
/MARINA A TIETJEN/Primary Examiner, Art Unit 3753
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