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 1-16 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the alternate condenser" in line 24. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, the examiner is going to treat the claim as if it read, “an alternate condenser”.
Claim 8 recites the limitation "the alternate condenser" in line 20. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, the examiner is going to treat the claim as if it read, “an alternate condenser”.
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 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,123,616. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant Application are anticipated by the claims of the US Patent. A claim under examination is not patentably distinct from the reference claim if the claim under examination is anticipated by the reference claim, see MPEP 804(II)(B)(2).
Claim limitation from App .# 18/893840
Is anticipated by claim limitation from US12,123,616
(Claim 1 and 8) A system comprising:
(Claim 1 and 8) A dehumidification system comprising:
(Claim 1 and 8) a secondary evaporator operable to receive an inlet airflow and output a first airflow, the first airflow comprising cooler air than the inlet airflow, the first airflow generated by transferring heat from the inlet airflow to a flow of refrigerant as the inlet airflow passes through the secondary evaporator;
(Claim 1 and 8) a secondary evaporator operable to receive an inlet airflow and output a first airflow, the first airflow comprising cooler air than the inlet airflow, the first airflow generated by transferring heat from the inlet airflow to a flow of refrigerant as the inlet airflow passes through the secondary evaporator;
(Claim 1 and 8) a primary evaporator operable to receive the first airflow and output a second airflow, the second airflow comprising cooler air than the first airflow, the second airflow generated by transferring heat from the first airflow to the flow of refrigerant as the first airflow passes through the primary evaporator;
(Claim 1 and 8) a primary evaporator operable to receive the first airflow and output a second airflow, the second airflow comprising cooler air than the first airflow, the second airflow generated by transferring heat from the first airflow to the flow of refrigerant as the first airflow passes through the primary evaporator;
(Claim 1 and 8) a secondary condenser operable to receive the second airflow and output a third airflow, the third airflow comprising warmer and less humid air than the second airflow, the third airflow generated by transferring heat from the flow of refrigerant to the third airflow as the second airflow passes through the secondary condenser;
(Claim 1 and 8) a secondary condenser operable to receive the second airflow and output a third airflow, the third airflow comprising warmer and less humid air than the second airflow, the third airflow generated by transferring heat from the flow of refrigerant to the third airflow as the second airflow passes through the secondary condenser;
(Claim 1) a compressor operable to receive the flow of refrigerant from the primary evaporator and provide the flow of refrigerant to a modulating valve, the flow of refrigerant provided to the modulating valve comprising a higher pressure than the flow of refrigerant received at the compressor;
(Claim 1) a compressor operable to receive the flow of refrigerant from the primary evaporator and provide the flow of refrigerant to a modulating valve, the flow of refrigerant provided to the modulating valve comprising a higher pressure than the flow of refrigerant received at the compressor;
(Claim 1 and 8) the modulating valve operable to:
(Claim 1 and 8) the modulating valve operable to:
(Claim 1 and 8) receive the flow of refrigerant from the compressor;
(Claim 1 and 8) receive the flow of refrigerant from the compressor;
(Claim 1 and 8) direct the flow of refrigerant to a primary condenser in response to a first temperature condition
(Claim 1 and 8) direct the flow of refrigerant to a primary condenser if the temperature of a dehumidified airflow output by the primary condenser does not exceed a pre- determined set point monitored by the dehumidification system;
(Claim 1 and 8) direct at least a portion of the flow of refrigerant to the alternate condenser and direct a remaining portion of the flow of refrigerant to the primary condenser in response to a second temperature condition
(Claim 1 and 8) direct at least a portion of the flow of refrigerant to the alternate condenser and direct a remaining portion of the flow of refrigerant to the primary condenser if the temperature of the dehumidified airflow is greater than the pre-determined set point;
(Claim 1 and 8) direct the at least a portion of the flow of refrigerant back to the primary condenser in response to the second temperature condition changing to the first
temperature condition
(Claim 1 and 8) and direct the at least a portion of the flow of refrigerant back to the primary condenser if the temperature of the dehumidified airflow reduces to become is lower than the pre-determined set point;
(Claim 1 and 8) the primary condenser operable to:
(Claim 1 and 8) the primary condenser operable to:
(Claim 1 and 8) receive the flow of refrigerant from the modulating valve in response to the first temperature condition
(Claim 1 and 8) receive the flow of refrigerant from the modulating valve if the temperature of the dehumidified airflow does not exceed the pre-determined set point;
(Claim 1 and 8) in response to the second temperature condition receive the remaining portion of the flow of refrigerant; and
(Claim 1 and 8) in response to the temperature of the dehumidified airflow exceeding the pre- determined set point, receive the remaining portion of the flow of refrigerant;
(Claim 1 and 8) output a dehumidified airflow, the dehumidified airflow generated by transferring heat away from the flow of refrigerant;
(Claim 1 and 8) output the dehumidified airflow, the dehumidified airflow generated by transferring heat away from the flow of refrigerant;
(Claim 1 and 8) the alternate condenser operable to:
(Claim 1 and 8) the alternate condenser operable to
(Claim 1 and 8) receive the at least a portion of the flow of refrigerant from the modulating valve in response to the second temperature condition
(Claim 1 and 8) receive the at least a portion of the flow of refrigerant from the modulating valve if the temperature of the dehumidified airflow is greater than the pre-determined set point; and
(Claim 1 and 8) transfer heat from the flow of refrigerant to a flow of fluid as the alternate condenser receives the at least a portion of flow of refrigerant and the flow of fluid
(Claim 1 and 8) transfer heat from the flow of refrigerant to a flow of fluid as the alternate condenser receives the at least a portion of flow of refrigerant and the flow of fluid; and
(Claim 1 and 8) a first pump operable to cycle the flow of fluid towards and away from the alternate condenser.
Claims 2-7 and 9-16 are identical to
Claims 2-7 and 9-16
Thus the only differences between the instant application and the US patent are that the US patent defines specific responses based on temperatures conditions whereas the instant application only requires broad temperature responses. Since: a dehumidification system, anticipates a system; the temperature of a dehumidified airflow output by the primary condenser does not exceed a pre- determined set point monitored by the dehumidification system, anticipates a response to a first temperature condition; the temperature of the dehumidified airflow is greater than the pre-determined set point, anticipates a response to a second temperature condition; the temperature of the dehumidified airflow reduces to become is lower than the pre-determined set point, anticipates a response to the second temperature condition changing to the first temperature condition; the temperature of the dehumidified airflow does not exceed the pre-determined set point, anticipates a response to the first temperature condition; the temperature of the dehumidified airflow exceeding the pre- determined set point, anticipates the second temperature condition; and, the temperature of the dehumidified airflow is greater than the pre-determined set point, anticipates response to the second temperature condition, the instant claims are anticipated by the claims of the patent. Since the claims under examination are anticipated by the reference claims, claims 1-16 are not patentably distinct from the reference claims.
Allowable Subject Matter
Claims 1-16 would be allowable 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 and a terminal disclaimer were to be filed in this Application and the reference patent.
The following is a statement of reasons for the indication of allowable subject matter:
US 2019/0128544 (Sloan et al.) is the closest prior art of record and teaches many of the features claimed including the second evaporator (640), primary evaporator (610), secondary condenser (620), compressor (660), primary condenser (630) and alternate condenser (650), Sloan fails to disclose the modulating valve as claimed. Without some teaching, suggestion, or motivation, one skilled in the art would not be motivated to modify the base reference as claimed without improper hindsight reasoning.
Conclusion
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/CASSEY D BAUER/ Primary Examiner, Art Unit 3763
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