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 § 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, 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.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Borgmann et al (US 2021/0245105) in combination with Sears (US 5,968,321).
Regarding claim 1, Borgmann teaches a distillation system for concentrating a feed liquid, comprising: at least one condensation unit (101) and at least one adjacent evaporation unit (102), each unit being provided by a frame element assembled together to form a stack of frame elements [0040-0042], wherein the condensation unit comprises a first steam space and a condensation wall (i.e. frame wall, shown on right side of 101) at least partly bordering the first steam space, and the evaporation unit comprises a second steam space, wherein a feeding area (with arrow F) is provided between the condensation unit and the evaporation unit, the feeding area being bordered by the condensation wall, the system being configured such that: the condensation wall is heated by a first steam in the first steam space the feed liquid (F) flows on the condensation wall in the feeding area, a second steam arising from the feed liquid moves into the second steam space, wherein the feeding area is open towards the second steam space (from 102 to 101) (see Fig 13, [0464-0469], claim 19, and further Figs 1-5C, [0341-0395]), Borgmann teaches outer frame 39 and inner frame 43 encasing central inner region 40 surrounded by outer frame 39, with passages 45,46 and drain passage 20 associated with vapor and or liquid channels 17, 18 connected with condensate collection passages 19a,19b arranged below the central steam space 40 and vapor through hole 22a connected via connecting notch 47 with drain passage 20 through hole 22 (Fig 1-5C, [0341-0395]), Borgmann teaches outer frame 39 and inner frame 43 encasing central inner region 40 surrounded by outer frame 39, with passages 45,46 and drain passage 20 associated with vapor and or liquid channels 17, 18 and feed supplied by the first opening 13 can enter the notch 45a via the connecting notch 47, which due to a barrier on the lower side of the notch (shown in FIG. 5C) which actually forms one side wall of the notch (or cavity) 45a (Fig 1-5C, [0341-0395]).
However Borgmann does not teach the sealing elements configured to connect adjacent frame elements, wherein the sealing elements comprise different sealing types which are formed such that they block different connection notches, wherein the inner area of the frame element of the condensation unit is covered with a liquid tight wall on the feed side.
Sears teaches a distillation system for concentration across an evaporation condensation core 22 having heat exchangers 43/44 (title, abstract, Fig 1-2, C2:L55-C4:L49), Sears teaches heat exchangers 43/44 functions as heat exchange of four water based streams of cold feed stream, product stream, waste stream and steam stream, the heat exchangers consist of plate designs having water openings 107-113 and seals 104,106, 107-113, the seals are placed on corresponding openings of corresponding chambers in order to provide connections for materials of the same types on simultaneous sides of the plates in order to provide sealing connections for the corresponding flows of water (See Figs 6-8, C5:L63-C6:L63).
Therefore Sears substantially teaches introducing sealing elements along repeated frame elements in a heat exchanger where condensation/evaporation of water is occurring, and it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Borgmann using repeated plate design and use selective sealing elements as substantially taught by Sears through routine skill in order to provide sealing and separation of the different flows in the system of Borgmann as taught by Sears.
Regarding claims 2-3, modified Borgmann as set forth above would suggest as modified by Sears wherein each frame element further comprises at least one of: a sealing area surrounding the inner area and arranged on the feed side, and a sealing groove arranged on both the feed side and the steam side and configured to receive a sealing element which connects adjacent frame elements and wherein each frame element is axis symmetrical with the axis of symmetry vertical when the frame elements are stacked together in the system when incorporating the sealing elements of Sears.
Regarding claim 4 and 16, Borgmann teaches outer frame 39 and inner frame 43 encasing 3D central inner region 40 surrounded by outer frame 39 having grid-like spacer in inner region (Fig 1-5C, [0341-0395,0353]).
Regarding claims 5-6, modified Borgmann as set forth above would suggest as modified by Sears wherein at least one of: the different sealing types are configured to leave different connection notches unblocked, the different sealing types are made of the same base type, wherein different sections are cut off, and the system is configured such that at least one sealing element is removeable from the frame elements and the sealing types claimed when incorporating the sealing elements of Sears.
Regarding claims 7 and 8, in Borgmann as set forth above: at least one condensation unit (101) and at least one adjacent evaporation unit (102), each unit being provided by a frame element assembled together to form a stack of frame elements [0040-0042] in repeating frame patterns as taught by Borgmann and selecting them as claimed would be expected (Fig 1-5C, [0341-0395]).
Regarding claims 9-10, in Borgmann as set forth above: at least one condensation unit (101) and at least one adjacent evaporation unit (102), each unit being provided by a frame element assembled together to form a stack of frame elements [0040-0042] in repeating frame patterns as taught by Borgmann and selecting them as claimed would be expected (Fig 1-5C, [0341-0395]); and including the sealings as suggested by Sears would arrive at the instantly claimed configured without unexpected results.
Regarding claim 11-13, Borgmann teaches outer frame 39 and inner frame 43 encasing central inner region 40 surrounded by outer frame 39, with passages 45,46 and drain passage 20 associated with vapor and or liquid channels 17, 18 that forms central inner region 40 as providing for the steam space of inner frame that defines central plane with condensate collection passages 19a,19b arranged below the central steam space 40 and vapor through hole 22a connected via connecting notch 47 with drain passage 20 through hole 22 and feed supplied by the first opening 13 can enter the notch 45a via the connecting notch 47, which due to a barrier on the lower side of the notch (shown in FIG. 5C) which actually forms one side wall of the notch (or cavity) 45a (Fig 1-5C, [0341-0395]).
Regarding claim 14, Borgmann teaches outer frame 39 and inner frame 43 encasing central inner region 40 surrounded by outer frame 39, with passages 45,46 and drain passage 20 associated with vapor and or liquid channels 17, 18 that forms central inner region 40 as providing for the steam space of inner frame that defines central plane with condensate collection passages 19a,19b arranged below the central steam space 40 and vapor through hole 22a connected via connecting notch 47 with drain passage 20 through hole 22 and feed supplied by the first opening 13 can enter the notch 45a via the connecting notch 47, which due to a barrier on the lower side of the notch (shown in FIG. 5C) which actually forms one side wall of the notch (or cavity) 45a (Fig 1-5C, [0341-0395]), and further suggests reduced thickness of the members as claimed ([0400]).
Regarding claim 15, Borgmann teaches the system is part of a multistage distillation system as claimed (Fig 8, [0408-00422]).
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 1-16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of copending Application No. 18/441,299 in view of Sears (US 5,968,321). Regarding claims 1-16, the instant claims combine features of dependent claims into independent claim 1 of the ‘299 application which is held to be obvious, however the claims of the ‘299 application do not claim the sealing elements as claimed. Sears teaches a distillation system for concentration across an evaporation condensation core 22 having heat exchangers 43/44 (title, abstract, Fig 1-2, C2:L55-C4:L49), Sears teaches heat exchangers 43/44 functions as heat exchange of four water based streams of cold feed stream, product stream, waste stream and steam stream, the heat exchangers consist of plate designs having water openings 107-113 and seals 104,106, 107-113, the seals are placed on corresponding openings of corresponding chambers in order to provide connections for materials of the same types on simultaneous sides of the plates in order to provide sealing connections for the corresponding flows of water (See Figs 6-8, C5:L63-C6:L63).
Therefore Sears substantially teaches introducing sealing elements along repeated frame elements in a heat exchanger where condensation/evaporation of water is occurring, and it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify ‘299 application using repeated plate design and use selective sealing elements as substantially taught by Sears through routine skill in order to provide sealing and separation of the different flows in as taught by Sears.
This is a provisional nonstatutory double patenting rejection.
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Further citations to Applicant EVCON related to Borgmann are cited herein. Beckman (US 7,431,805) teaches a distillation system. Maisotsenko et al (US 2011/0108406) teaches distillation system. Feher (US 2012/0055776) teaches film evaporator condenser. Godshall (US 2013/0168224) teaches distillation system. Escher et al (US 9,416,031) teaches distillation system. Chang et al (US 10,376,807) teaches distillation system.
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 Monday - Friday 9 - 5.
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/JONATHAN MILLER/Primary Examiner, Art Unit 1772