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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-5 and 12-20, in the reply filed on 8/5/26 is acknowledged.
Non-elected claims were cancelled without traverse.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “thermal device” and “desalinating device” in claims 1 and 12.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 (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 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.
Claim(s) 1-5 and 12-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Al-Garni et al (US 2015/0001745).
Regarding claim 1, Al-Garni discloses a desalination system for desalinating a liquid (abstract- The spherical desalination device includes a hollow spherical transparent shell serving as a distillation chamber or still...The water flows from the upper portion of the shell) the desalination system comprising: a thermal device having an inlet (26) for receiving the liquid and an outlet (32, 34) for discharging the liquid (Fig. 1, [0017] - the water first passes through a geothermal water heating system to warm the water initially before the water flows into the hollow shell 10. The undistilled water initially flows into the inlet end 26 of a subterranean water heating coil 28; [0018]- The heated water flows from the output end 30 of the coil 28, into the input end 32 of a return line 34 that returns the heated water to the surface), wherein the thermal device is configured to heat the liquid as the liquid flows between the inlet and the outlet ( [0017]- the water first passes through a geothermal water heating system to warm the water initially before the water flows into the hollow shell 10. The undistilled water initially flows into the inlet end 26 of a subterranean water heating coil 28, with the water being heated by the latent heat of the earth); and a desalinating device (10) fluidly coupled to the thermal device such that the desalinating device is configured to receive the liquid from the outlet (34) of the thermal device (Fig. 1, [0018] - A water pump 44 draws the heated water from the output end 46 of the return line 34, and delivers that initially heated water to the distilling shell 10 via a water inlet line 48), wherein the desalinating device is configured to desalinate the liquid to produce freshwater ( [0014] - undistilled water being pumped into the shell and evaporating therein. The evaporated, distilled water is then recovered from the shell for use; [0008]- The collected purified water is drained from the spherical shell to a collector tank).
Regarding claim 2, Al-Garni discloses the desalination system of claim 1, wherein the desalinating device (10 ) includes a wall member (12) that extends between a first end and a second end and defines an inner volume (14) for receiving the liquid (Fig. 2, [0015]- The primary component is the hollow transparent spherical shell 10 that serves as the distilling component or still. The shell 10 may be made of glass or other suitable transparent material; [0016]- The shell includes an internal surface 12 and defines an internal volume 14).
Regarding claim 3, Al-Garni discloses the desalination system of claim 2, wherein the wall member includes a channel at or near the second end of the wall member for collecting the freshwater ( [0019]- Distilled water condenses on the internal surface 12 of the shell 10 during operation of the system or device. Eventually this condensation will run down the inner surface 12 of the shell 10 to be collected in the outermost tray 16h ... with the collected water running into the lowermost collector tray 16h for removal from the shell 10 by conventional means (e.g., drain pump and drain line through the rotary shaft 54, etc.)).
Regarding claim 4, Al-Garni discloses the desalination system of claim 2, wherein the desalinating device (10) includes a plurality of tray members (16a-16h) disposed within the inner volume defined by the wall member (Fig. 2, [0016]- A plurality of circular evaporator trays, e.g., 16a through 16g, is installed within the spherical shell 10. The trays range from the smallest diameter uppermost tray 16a to the largest diameter lowermost tray 16g, with a largest, lowermost collector tray 16h at the bottom), and wherein the plurality of tray members is configured to hold at least a portion of the liquid ([0016]- with water flowing primarily into the uppermost tray 16a and cascading into each successive tray therebelow).
Regarding claim 5, Al-Garni discloses the desalination system of claim 4, wherein the wall member ( 12) defines an inner face (Fig. 2, [0016]-The shell includes an internal surface 12 and defines an internal volume 14 ), and wherein each tray member of the plurality of tray members (16a-16h) is spaced apart from the inner face (Fig. 2, [0016]- A plurality of circular evaporator trays, e.g., 16a through 16g, is installed within the spherical shell 10. The trays range from the smallest diameter uppermost tray 16a to the largest diameter lowermost tray 16g, with a largest, lowermost collector tray 16h at the bottom).
Regarding claim 12, Al-Garni discloses a method of desalinating a liquid ([abstract]- The spherical desalination device include, a hollow spherical transparent shell serving as a distillation chamber or still ... The water flows from the upper portion of the shell), comprising: pumping the liquid to a thermal device ([0017]- Undistilled water is provided from a water supply in a storage tank 24 or the like ... the water first passes through a geothermal water heating system to warm the water initially before the water flows into the hollow shell 10; [0018]); heating the liquid with the thermal device to a temperature ([0017]- the water first passes through a geothermal water heating system to warm the water initially before the water flows into the hollow shell 10. The undistilled water initially flows into the inlet end 26 of a subterranean water heating coil 28, with the water being heated by the latent heat of the earth. The heating coil 28 is passive, in that it does not receive any other energy input): pumping the liquid to a desalinating device (10) (Fig. 2 [0018]- A water pump 44 draws the heated water from the output end 46 of the return line 34, and delivers that initially heated water to the distilling shell 10 via a water inlet line 48); and desalinating the liquid with the desalinating device to produce freshwater ([0014]- undistilled water being pumped into the shell and evaporating therein. The evaporated, distilled water is then recovered from the shell for use; [0008]-The collected purified water is drained from the spherical shell to a collector tank).
Regarding claim 13, Al-Garni disclose, the method of claim 12, wherein the desalinating device (10) includes a wall member (12) that extends between a first end and a second end and defines an inner volume (14) for receiving the liquid (Fig. 2, [0015]- The primary component is the hollow transparent spherical shell 10 that serves as the distilling component or still. The shell 10 may be made of glass or other suitable transparent material to allow sunlight or other heat energy to pass through the wall of the shell to heat the contents therein; [0016]-The shell includes an internal surface 12 and defines an internal volume 14).
Regarding claim 14, Al-Garni discloses the method of claim 13, wherein desalinating the liquid includes evaporating the liquid to produce water evaporation ([0007]- Sunlight focused on the transparent shell or still causes the water to evaporate, with the water collecting upon the interior surface of the shell).
Regarding claim 15, Al-Garni discloses the method of claim 14, further comprising capturing the water evaporation ([0019]- Distilled water condenses on the internal surface 12 of the shell 10 during operation of the system or device. Eventually this condensation will run down the inner surface 12 of the shell 10 to be collected in the outermost tray 16h).
Regarding claim 16, Al-Garni discloses the method of claim 14, further comprising directing the water evaporation to an inner face of the wall member ([0007]- Sunlight focused on the transparent shell or still causes the water to evaporate, with the water collecting upon the interior surface of the shell; [0019]- Distilled water condenses on the internal surface 12 of the shell 10 during operation of the system or device. Eventually this condensation will run down the inner surface 12 of the shell 10 to be collected in the outermost tray 16h).
Regarding claim 17, Al-Garni disclose, the method of claim 12, wherein the thermal device include, an inlet pipe having an inner bore that define, an inlet (26) for receiving the liquid (therefore necessarily having an inner bore hole through presence of the inlet, fig. 1, [0017]- Undistilled water is provided from a water supply in a storage tank 24 or the like... The undistilled water initially flows into the inlet end 26 of a subterranean water heating coil 28), an outlet pipe (34) having an inner bore that defines an outlet for discharging the liquid (Fig. 1, [0018] The heated water flows from the output end 30 of the coil 28, into the input end 32 of a return line 34 that returns the heated water to the surface), and a pipe member (28) coupled to and extending between the inlet pipe and outlet pipe (Fig. 1, [0017]-The undistilled water initially flows into the inlet end 26 of a subterranean water heating coil 28, with the water being heated by the latent heat of the earth; [0018]The heated water flows from the output end 30 of the coil 28, into the input end 32 of a return line 34 that returns the heated water to the surface).
Regarding claim 18. Al-Garni discloses the method of claim 17, wherein heating the liquid includes pumping the liquid from the inlet pipe through the pipe member (28), and to the outlet pipe (34) (Fig. 1, [0017]- Undistilled water is provided from a water supply in a storage tank 24 or the like. However, rather than transferring the water directly to the shell 10, the water first passes through a geothermal water heating system to warm the water initially before the water flows into the hollow shell 10. The undistilled water initially flows into the inlet end 26 of a subterranean water heating coil 28, with the water being heated by the latent heat of the earth; [0018]- A water pump 44 draws the heated water from the output end 46 of the return line 34, and delivers that initially heated water to the distilling shell 10 via a water inlet line 48).
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) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Al-Garni et al (US 2015/0001745).
Regarding claim 19, Fahd discloses the method of claim 18, however Fahd fails to specifically disclose wherein the liquid is pumped at a flow rate of at least about 2 gallons per minute. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, through routine experimentation and to improve efficiency of the system (see Fahd [0005, 0006]), and arrive at wherein the liquid is pumped at a flow rate of at least about 2 gallons per minute, based on changes in size and shape of the system of Fahd and through scaling the system, see MPEP 2144.04 (IV).
Regarding claim 19, Fahd discloses the method of claim 18, including generally heating coil 28 of the undistilled water [0017], however Fahd fails to specifically disclose wherein the temperature is between about 140 degrees Fahrenheit to about 150 degrees Fahrenheit. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, through routine experimentation and to improve efficiency of the system (see Fahd [0005, 0006]), and arrive at wherein the temperature is between about 140 degrees Fahrenheit to about 150 degrees Fahrenheit, based on routine optimization through the general teaching of Fahd that the undistilled water is heated to allow for evaporation, see MPEP 2144.05.
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Citations to desalination systems and methods herein include ElDifrawi (US 4,363,703), Petrek (US 5,094,721), Garcia (US 2007/0193872), Frolov (US 2010/0314238), Al-Garni (US 8,083,902), Coots (US 2012/0234667), Sparrow (US 2014/0197029), Mishima (US 2014/0290247), Al-Sulaiman (US 2015/0353377), Alshahrani (US 2018/0339916), Govindan (US 10,463,985), and Lesher (US 2024/0299862).
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
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