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 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.
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: “renewable energy power system” in claim 1.
Such claim limitation(s) is/are: “automated control module” in claim 1.
Such claim limitation(s) is/are: “atmospheric condenser system” in claim 1.
Such claim limitation(s) is/are: “aquatic suction device” in claim 1.
Such claim limitation(s) is/are: “water purification filtration system” in claim 1.
Such claim limitation(s) is/are: “electrical safety device” in claim 2.
Such claim limitation(s) is/are: “power electronic device” in claim 2.
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 § 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 1-12 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.
Regarding claims 1-12, in claim 1, the “fresh water producing system” is expressed as a list of components, without reciting how “fresh water” is produced; nor reciting how the list of components are connected to achieve this goal; applicant should consider reciting “configured to” language after each component reciting how the components connect, and how fresh water is produced to overcome this rejection.
Claim Rejections - 35 USC § 103
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 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) 1-4, 8 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon (US 7,357,001) taken in combination with Zhang et al (CN 111395455, with specification para references made to Espacenet machine translation obtained 28 August 2023).
Regarding claim 1, Yoon teaches a fresh water producing system (see Title, abstract) comprising: an atmospheric condenser system 2 (water generating part 2, see Figs 1-3, C2:L22-41); a conveyor 31 (“condensed water stored in the water container 28 of the water storing part 4 is transferred to the purifying part 8 through a tube 31”, see Figs 1-3, C3:L13-24); an aquatic suction device 6 (pump 6, see Figs 1-3, C2:L22-41); a water reservoir 4 (water storing part 4, see Figs 1-3, C2:L22-41); and a water purification filtration system 8 (water purifying part 8, see Figs 1-3, C2:L22-41).
However, Yoon does not teach the system a renewable energy power system; nor an automated control module.
Zhang teaches a portable solar air water-making system (see title, abstract), Zhang teaches the portable system comprises photovoltaic conversion module (1), air water making-module (2), and intelligent control module (3), mounted on equipment box (4) for the system (see Fig 1, abstract, [0007]), Zhang teaches “the photovoltaic conversion module 1 includes a photovoltaic array 5, a lithium battery 6 and an output unit 7, the photovoltaic array 5 is connected to the lithium battery 6, and the lithium battery 6 is connected to the output unit 7; The lithium battery 6 further comprises a charging interface 8, an energy storage combination 9 and a discharge interface 10, the energy storage combination 9 is connected to the discharge interface 10 and the charging interface 8 respectively, and the energy storage combination 9 of the lithium battery 6 is connected to the charging interface 8 and The photovoltaic array 5 is connected; The output unit 7 includes a power interface 11, an RS232 monitoring interface 12 and a quick-plug electrical connector 34, the power interface 11 and the RS232 monitoring interface 12 are respectively connected to the quick-plug electrical connector 34, and the output unit 7 passes through the power interface 11 connect with the discharge interface 10 of the lithium battery 6 (see Fig 2, [0008-0010,0040]), and Zhang further teaches “Intelligent control module 3 comprises human-computer interaction unit 24, control circuit board 25, and human-computer interaction unit 24 is connected with control circuit board 25; Control circuit board 25 comprises data interface one 26, data interface two 27, power supply interface 28, central processing unit 29, the central processing unit 29 is connected with the data interface one 26, the data interface two 27 and the power supply interface 28 respectively; the human-computer interaction unit 24 is connected with the central processing unit 29 through the data interface one 26 in the control circuit board 25; The equipment box 4 includes a box shell 31, a connecting pipeline 32, and an interactive interface 33. The connecting pipeline 32 and the interactive interface 33 are all fixedly installed in the box shell 31, and the connecting pipeline 32 is airtightly connected with the interactive interface 33. The interface 33 is embedded in the box shell 31; the connecting pipeline 32 is connected with the purified water storage tank 19 of the air water making module 2 (see Figs 1-2, [0012-0013,0042]), Zhang teaches the advantage of the portable photovoltaic and control module are that the “present invention can be used as a solar air water-making equipment, providing sufficient functional modules, and users can modify the photovoltaic conversion module and intelligent control module according to their specific application fields” (see [0055]).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to improve the system of Yoon in view of the teachings of Zhang to provide a renewable energy power system and an automated control module as taught by Zhang because Zhang teaches including these features provide portability and user-control that users can modify to the specific application field, therefore renewably-generating water from air condensation and doing so with good control as suggested by Zhang.
Regarding claim 2, in modified Yoon, Zhang further teaches the renewable energy power system 1 comprises at least one solar panel (photovoltaic array 5), at least one electrical safety device (RS232 monitoring interface 12 is in communication with quick-plug electrical connector 34, thereby being a safety shutoff), one or more energy storage mediums (battery 6), and at least one power electronic device (power interface 11) (see Zhang Figs 1 and 3, [0008-0010,0031,0040]).
Regarding claim 3 and 4, in modified Yoon, Zhang further teaches control module 3 (monolithic integrated circuit) is both directly coupled to and communicatively coupled with the condenser system 2 (see Figs 1-2, 6-8, [0012-0013,0042])
Regarding claim 8, in modified Yoon, Yoon teaches that the atmospheric condenser system 2 is depicted inside a rectangular housing 12 (see Yoon Fig 2, C2:L42-50), however Yoon teaches that the field of invention is in a variety of applications such as ships or open fields (see Yoon C1:L25-45); therefore the choose a different shape of the housing of Yoon would be determined based upon the disposition and use of the system, and the skilled artisan would find obvious to change shape as needed through routine experimentation without unexpected results, see MPEP 2144.04 (IV) (B).
Regarding claim 11, in modified Yoon, Zhang teaches the automated control module 3 is fixedly and communicatively coupled to the renewable energy power system 1, the atmospheric condenser system 2, and further components of water treatment (see Zhang Figs 1-2 and 4, [0008-0013]), and therefore would be obvious in modified Yoon to ensure the control system further monitors other components of the combined system.
Regarding claim 12, in modified Yoon, Yoon teaches the water purification filtration system 8 is fixedly coupled to the conveyor 31 and the aquatic suction device 6 (see Yoon Figs 1-3, C2:L22-41).
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon (US 7,357,001) taken in combination with Zhang et al (CN 111395455), as applied above, and further in combination with Hsu et al (US 2013/0213865).
Regarding claims 9-10, modified Yoon teaches all limitations as set forth above including that in modified Yoon the casing would enclosed a powered machine and a monolithic integrated circuit (see Yoon Fig 1-3, and Zhang Figs 1-2), however Yoon does not teach wherein the hollow cylinder housing includes a hydrophilic metal casing disposed within, and the hydrophilic metal casing comprises of at least one of copper, aluminum, or stainless steel material; nor wherein the hydrophilic metal casing encloses a powered machine and a monolithic integrated circuit.
Hsu teaches an air water generator 100 enclosed inside main body bracket 114 (see abstract, Fig 1), Hsu teaches main body bracket may be made of “steel or other material” (see Fig 1, [0084]), and that other parts of the system are made of steel, aluminum or copper [0107].
Therefore 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 Yoon to pick a casing of known materials, including steel aluminum or copper, which was known to be used in atmospheric water generators, because these metals were known to be useful in creating a strong casing structure that would also be hydrophilic as suggested by Hsu.
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 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 11,878,264. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘264 patent are the more limited of the two sets of claims, however it is obvious to claim the instantly claimed less limited invention.
Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 12,453,932. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘932 patent are the more limited of the two sets of claims, however it is obvious to claim the instantly claimed less limited invention.
Allowable Subject Matter
Claims 5-7 would be allowable if rewritten 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 to include all of the limitations of the base claim and any intervening claims; and a timely-filed properly executed terminal disclaimer were filed to overcome the obviousness type double patenting rejection.
The following is a statement of reasons for the indication of allowable subject matter: regarding claims 5-7, the prior art does not teach or fairly suggest the claimed fresh water producing system comprising a renewable energy power system; an automated control module; an atmospheric condenser system; a conveyor; an aquatic suction device; a water reservoir; and a water purification filtration system, wherein the water purification filtration system includes at least four filtration layers, a first layer includes a reverse osmosis media, a second layer includes a water inlet filtration aperture, a third layer includes an electromagnetic radiation system, and a fourth layer includes a hydrophilic metal casing.
Yoon (US 7,357,001) is regarded as the closest relevant prior art, Yoon teaches a fresh water producing system (see Title, abstract) comprising: an atmospheric condenser system 2 (water generating part 2, see Figs 1-3, C2:L22-41); a conveyor 31 (“condensed water stored in the water container 28 of the water storing part 4 is transferred to the purifying part 8 through a tube 31”, see Figs 1-3, C3:L13-24); an aquatic suction device 6 (pump 6, see Figs 1-3, C2:L22-41); a water reservoir 4 (water storing part 4, see Figs 1-3, C2:L22-41); and a water purification filtration system 8 (water purifying part 8, see Figs 1-3, C2:L22-41), wherein water purification filtration system comprises a precipitation filter 35, a preprocessing filter 38, a membrane filter 40, and a postprocessing carbon filter 42. However, the purifying part 8 is not limited to this. That is, any types of filters that can filter out harmful substances such as heavy metals and the condensed water passing through the filters 35, 38, 40 and 42 is directed to sterilizing means for eliminating harmful microorganisms contained the condensed water. As the sterilizing means, an infrared ray lamp 44 is preferably used (see C3:L25-37), therefore Yoon does not teach or suggest wherein further filtration layers include a reverse osmosis media nor a hydrophilic metal casing as part of the filtration layers.
Hsu et al (US 2013/0213865) teaches an air water generator 100 enclosed inside main body bracket 114 (see abstract, Fig 1), Hsu teaches main body bracket may be made of “steel or other material” (see Fig 1, [0084]), and that other parts of the system are made of steel, aluminum or copper [0107]. However Hsu does not teach this is part of the filtration layer.
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Alejo et al (US 2021/0354080) teaches an atmospheric water generator. Mayer (US 10,987,610) teaches an atmospheric water generator. Vollmer et al (US 2020/0108344) teaches an atmospheric water generator. Ackerman (US 10,532,935) teaches an atmospheric water generator. Castanon Seoane (US 2009/0211275) teaches an atmospheric water generator. Engel et al (US 6,755,037) teaches an atmospheric water generator. Faqih (US 2002/0011075) teaches an atmospheric water generator. Smith (US 4,433,552) teaches an atmospheric water generator. Wright (US 3,035,418) teaches an atmospheric water generator.
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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