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 Objections
Claim 28 objected to because of the following informalities: claim 28 recites “steam valve”; it must be recited as “a steam valve”. Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “heat pump” as claimed. For example, structural detail of heat pump is not shown in any drawing in order to have a proper understanding of the disclosed invention.
Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 27, 35, 39-41 including depending claims 28-34, 36-38 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 27, 35, 39-41 recite “heat pump”. There is no description given in the specification of the published application disclosing the bolded limitation. There is no drawing given to illustrate heat pump.
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 27, 35, 36, 38, 39-41 including depending claims 28-34, 37 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 pre-AIA the applicant regards as the invention.
Claims 27 recites “transferring heat to said first chamber from a hot side of a heat pump and transferring heat from said second chamber to a cold side of said heat pump”. The specification does not define the structure of heat pump. The bolded phrases make the claimed limitations indefinite, because it is unclear hot and cold sides refer to which section or portion of the heat pump. Since the specification does not define a heat pump therefore, it is unclear which structure implementing heat transfer to and from first and second chambers. More clarification is required.
Claims 35, 39-41 recite “heat pump”. The specification does not define the structure of heat pump. The bolded phrase makes the claimed limitations indefinite, because it is unclear hot and cold sides refer to which section or portion of the heat pump. Since the specification does not define a heat pump therefore, it is unclear in the claims which structure implementing operation at 50, 50 to 70, and at or below 4 degrees. More clarification is required.
Claim 36 recites “any one of claims 27 and 35”. It makes the claimed limitations indefinite, because it is unclear claim 36 depending from which claims. Claim must be depending from a definite claim. For the purpose of examination, it is interpreted claim 36 depending from claim 27.
Claim 38 recites “a second fan”. The bolded phrase makes the claimed limitations indefinite, because it is unclear whether or not, a first fan is required by the claim. More clarification is required. For the purpose of examination, it is interpreted that only one fan is claimed.
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 27, 33, 36-41 are rejected under 35 U.S.C. 103 as being unpatentable over Preiss (EP 0816225 A1), in view of Van (11,679,339 B2).
Claim 27: Preiss discloses a method of harvesting water (in figures 1,2 and 4 teaches a water harvesting system), comprising:
adsorbing water from surrounding air onto a water capture material (page 7: removing water vapor is bound to absorbent in adsorption/desorption unit A/D) contained in a first chamber (adsorbent cartridges 71 to 76 in figure 4) during an adsorption mode of said water harvester (page 7: adsorption unit A);
transferring heat (functional language of heat exchanger; see page 9) to said first chamber (adsorbent cartridges 71 to 76 in FIG.4);
desorbing water vapor from said water capture material contained (page 7: removing water vapor is bound to absorbent in adsorption/desorption unit A/D) in said first chamber (adsorbent cartridges 71 to 76 in FIG.4) during a desorption mode of said water harvester (page 7: desorption unit D);
transferring said water vapor to a second chamber (adsorbent cartridges 71 to 76 in FIG.4);
transferring heat (functional language of heat exchanger; see page 9) from said second chamber (adsorbent cartridges 71 to 76 in FIG.4);
Preiss discloses the claimed limitations in claim 27, but fails to disclose transferring heat to said first chamber from a hot side of a heat pump encompassed by or positioned in close proximity to said first chamber and transferring heat from said second chamber to a cold side of said heat pump encompassed by or positioned in close proximity to said second chamber; and condensing said water vapor in said second chamber to liquid water in a condensation mode of said water harvester.
However, Van teaches transferring heat to said first chamber (note that chambers disclosed by Preiss) from a hot side of a heat pump and transferring heat from said second chamber (note that chambers disclosed by Preiss) to a cold side of said heat pump (200 used as heat pump system) encompassed by or positioned in close proximity to said first chamber (note that chambers disclosed by Preiss) and in close proximity to said second chamber (note that chambers disclosed by Preiss); and condensing said water vapor in said second chamber to liquid water in a condensation mode of said water harvester (condenser 204) for the purpose of supplying water by extracting moisture from ambient air (col. 5 lines 57-59).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Preiss to include transferring heat to said first chamber from a hot side of a heat pump encompassed by or positioned in close proximity to said first chamber and transferring heat from said second chamber to a cold side of said heat pump encompassed by or positioned in close proximity to said second chamber; and condensing said water vapor in said second chamber to liquid water in a condensation mode of said water harvester as taught by Van in order to supply water by extracting moisture from ambient air.
Claim 33: Preiss as modified discloses the method as claimed in claim 27, further comprising collecting liquid water in a water collection tank (Van, water system 216 used as tank).
Claim 36: Preiss as modified discloses the method as claimed in claim 27 and 35, except for a metal organic framework. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Preiss to include a metal organic framework in order to enhance adsorbing moisture process, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. Note that no criticality for the limitations is claimed (Preferred Material-In re Leshin, 125 USPQ 416).
Claim 37: Preiss as modified discloses the method as claimed in claim 27, further comprising operating a first fan (Van, fan 220) to move said surrounding air through said first chamber (adsorbent cartridges 71 to 76).
Claim 38: Preiss as modified discloses the method as claimed in claim 27, further comprising operating a second fan (Van, fan 220) to move said water vapor through said second chamber (adsorbent cartridges 71 to 76).
Claim 39: Preiss as modified discloses the method as claimed in claim 27,wherein said hot side of said heat pump (Van, 200) operates in said desorption mode (page 7: removing water vapor is bound to absorbent in adsorption/desorption unit A/D) at a temperature of at least 500C (Preiss discloses average temperature of 700C, except for a temperature of at least 500C. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the apparatus of Preiss to optimize a temperature of at least 500C as a matter of choice based on system requirement, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. Note that no criticality for the limitations is claimed- Optimum value: MPEP 2144.05 II-B).
Claim 40: Preiss as modified discloses the method as claimed in claim 27, wherein said hot side of said heat pump (Van, 200) operates at a temperature in a range of about 50°C to about 70°C (Preiss discloses average temperature of 700C, except for at a temperature in a range of about 50°C to about 70°C. 20It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the apparatus of Preiss to optimize a range of a temperature in a range of about 50°C to about 70°C as a matter of choice based on system requirement, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only skill in the art. Note that no criticality for the limitations is claimed - Optimum Range: MPEP 2144.05 II-A).
Claim 41: Preiss as modified discloses the method as claimed in claim 27,wherein said cold side of said heat pump (Van, 200) operates at a temperature at or below 4°C (Preiss discloses average temperature of 700C, except for a temperature at or below 4°C. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the apparatus of Preiss to optimize a temperature at or below 4°C as a matter of choice based on system requirement, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. Note that no criticality for the limitations is claimed- Optimum value: MPEP 2144.05 II-B).
Claims 28, 29 are rejected under 35 U.S.C. 103 as being unpatentable over Preiss (EP 0816225 A1), in view of Van (11,679,339 B2), and in view of Broadbent (KR 20170039177 A).
Claim 28: Preiss as modified discloses the method as claimed in claim 27, said adsorption mode; and said desorption mode (adsorption/desorption unit A/D), but
Preiss further fails to disclose opening an exhaust valve coupled to said first chamber and closing steam valve coupled to said first chamber and said second chamber; and closing said exhaust valve closed and opening said steam valve.
However, Broadbent teaches opening an exhaust valve (152) coupled to said first chamber (170) and closing steam valve (156) coupled to said first chamber (170) and said second chamber (120); and closing said exhaust valve (152) closed and opening said steam valve (156) for the purpose of suppling water to the chamber and controlling the water level (paragraph [25]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Preiss to include opening an exhaust valve coupled to said first chamber and closing steam valve coupled to said first chamber and said second chamber; and closing said exhaust valve closed and opening said steam valve as taught by Broadbent in order to supply water to the chamber and to control the water level.
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Claim 29: Preiss as modified discloses the method as claimed in claim 28, further comprising controlling said exhaust valve (Broadbent, 152) and said steam valve (Broadbent, 156) to shift from said adsorption mode (adsorption unit A) to said desorption mode (desorption unit D) with a controller (Broadbent, 80).
Claims 30-32 are rejected under 35 U.S.C. 103 as being unpatentable over Preiss (EP 0816225 A1), in view of Van (11,679,339 B2), in view of Devalve (US 2013/0269522 A1), and in view of Broadbent (KR 20170039177 A).
Claim 30: Preiss as modified discloses the method as claimed in claim 27, further comprising: shifting by operation of said controller from said adsorption mode to said desorption mode (to clarify, depending on the system operation status, two units adsorption/desorption A/D are interchangeable).
Preiss discloses the claimed limitations in claim 30, but fails to disclose detecting a water saturation level of said water capture material contained within said first chamber with a humidity sensor communicatively coupled to a controller; determining said water saturation level exceeds a threshold water saturation level;
However, Devalve teaches detecting a water saturation level of said water capture material contained within said first chamber with a humidity sensor (humidity sensor 154) communicatively coupled to a controller (paragraph [26]: 146) for the purpose of improving the efficient operation of dehumidification system (paragraph [31]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Preiss to include detecting a water saturation level of said water capture material contained within said first chamber with a humidity sensor communicatively coupled to a controller as taught by Devalve in order to improve the efficient operation of dehumidification system.
Further, Broadbent teaches determining said water saturation level (paragraph [52]: water level in chamber 122 is determined via level sensor 74) exceeds a threshold water saturation level (paragraph [53]: sensor level 74 detects the water level is full; to clarify, threshold is when it is full) for the purpose of suppling water to the chamber and controlling the water level (paragraph [25]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Preiss to include as taught by Broadbent in order to supply water to the chamber and to control the water level.
Claim 31: Preiss as modified discloses the method as claimed in claim 30, further comprising: detecting temperature within said first chamber (Broadbent, paragraph [40] detecting temperature of chamber 120) with a first temperature sensor (paragraph [46]: temperature sensors) communicatively coupled to said controller (Broadbent, 80/180); and controlling said temperature in said first chamber (Broadbent, chamber 120) by operation of said heat pump (Van, 200) to desorb water vapor from said water capture material (page 7: absorbent).
Claim 32: Preiss as modified discloses the method as claimed in claim 31,further comprising: detecting temperature within said second chamber (Broadbent, paragraph [40] detecting temperature of chamber 120) with a second temperature sensor (paragraph [22], [46]: temperature sensors) communicatively coupled to said controller (Broadbent, 80/180); and controlling said temperature in said second chamber (Broadbent, chamber 170) by operation of said heat pump (Van, 200) to condense water vapor in said second chamber (Broadbent, chamber 170) to said liquid water.
Claims 34, 35 are rejected under 35 U.S.C. 103 as being unpatentable over Preiss (EP 0816225 A1), in view of Van (11,679,339 B2), and in view of Devalve (US 2013/0269522 A1).
Claim 34: Preiss as modified discloses the method as claimed in claim 27, further comprising a plurality of plates (Van, fins 706 used as plates; column 2 line 63: condenser is finned heat exchanger, column 9 lines 12-13: collected water from fins) disposed in said first chamber (adsorbent cartridges 71 to 76).
Preiss discloses the claimed limitations in claim 34, but fails to disclose coating said water capture on a plurality of plates.
However, Devalve teaches coating (paragraph [26]: desiccant material 142 coating exposed surfaces of fins 141) said water capture on a plurality of plates (fins 141 used as plates) for the purpose of improving the efficient operation of dehumidification system (paragraph [31]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Preiss to include coating said water capture on a plurality of plates as taught by Devalve in order to improve the efficient operation of dehumidification system.
Claim 35: Preiss as modified discloses the method as claimed in claim 34, further comprising associating said plurality of plates (Devalve, 141) with said hot side of said heat pump (Van, 200).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure which is relevant to refrigerator:
Moon (2017/0292737 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMRAN TAVAKOLDAVANI whose telephone number is (313)446-6612. The examiner can normally be reached on M-F 8:00 am to 5:00 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached on (571) 272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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.
/KAMRAN TAVAKOLDAVANI/Examiner, Art Unit 3763
/PAUL ALVARE/Primary Examiner, Art Unit 3763
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