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 .
Acknowledgment is made of the preliminary amendment filed on 4/28/2025. Claims 1-20 are canceled. Claims 21-40 are new. Accordingly, claims 21-40 are pending for consideration on the merits in this Office Action.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/23/2025 was filed on or after the mailing date of the application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: because reference character “116” has been used to designate both “intake air” and “ambient air.” See at least 0024 and 0032.
Appropriate correction is required.
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 22-26, 28-32 and 34-40 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 22-26, 28-32 and 34-40, the recited claims depend upon claims that are canceled. Therefore, the claims are rejected as being incomplete.
Allowable Subject Matter
Claims 21, 27 and 33 are cited as being allowable over prior art references.
Relevant Art
Slessman et al. (US2014/0190198)
Slessman teaches a method for evaporative cooling control [0004], the method comprising:
receiving a setpoint for a designated space, the setpoint comprising a target temperature and a target humidity for the designated space [0166; where a dewpoint setpoint i.e. humidity setpoint for the space is disclosed];
receiving at least one atmospheric condition of ambient air, the at least one atmospheric condition measured using one or more ambient air sensors [0089; where at least intake air humidity/temperature is acquired using sensor 275];
generating a performance prediction of an evaporative cooler by calculating a set of one or more predicted psychrometric properties of supply air leaving the evaporative cooler based on the at least one atmospheric condition [0090-0108; where steps to determine a predicted wet bulb temperature are explained], the evaporative cooler having evaporative media [implicitly taught at 0036] and one or more pumps [0070; 0071; 0036; where direct evaporative cooling can utilize an evaporative media]
providing a mechanical cooling unit [0041] and modulating the mechanical cooling unit to meet the setpoint when the supply air is less energy intensive than the return air; and closing an outside air damper to a minimum ventilation setpoint [0059; 0060; 0073; 0146].
Kirkwold et al. (US2015/0204553)
Kirkwold teaches a method for evaporative cooling control [0005], the method comprising: receiving at least one atmospheric setpoint for a designated space [0029]; receiving at least one atmospheric condition of ambient air, the at least one atmospheric condition measured using one or more ambient air sensors [0029];
generating a performance prediction of an evaporative cooler by calculating a set of one or more predicted psychrometric properties of supply air leaving the evaporative cooler based on the at least one atmospheric condition, the evaporative cooler having evaporative media [4] and one or more pumps [3; 0030; 0032];
comparing the at least one atmospheric setpoint to the set of one or more predicted psychrometric properties of the performance prediction to result in a setpoint comparison [0030; 0040; 0041];
anticipating a future atmospheric condition of the designated space based on the performance prediction of the evaporative cooler;
controlling the evaporative cooler by controlling a fluid flow over the evaporative media based on the setpoint comparison, wherein,
the evaporative cooler is controlled based on the setpoint comparison [0018; 0034-0042; See also Claim 1; Table I].
Craft, JR. et al. (US2018/0014434)
Craft teaches 27 a method for evaporative cooling control [0034], the method comprising:
providing a cooling system in fluidic communication with a designated interior space, the cooling system comprising:(i) a cooling unit comprising an evaporative cooler [160] and a mechanical cooling unit [062; 0033; fig 16];
(ii) a damper [140, 142; 0044; fig 16];
(iii) an ambient air sensor [0045]; and
(iv) a space sensor [0045];
wherein the damper is provided upstream of the cooling unit such that the cooling system is operable to mix air to form an intake air for the cooling unit [fig 16].
The prior art individually or collectively does not necessarily teach “…based on the setpoint comparison indicating that at least one of a target dewpoint and a target temperature of the designated interior space will be exceeded in at least one of the supply air exiting the evaporative cooler and the designated interior space, performing an energy comparison wherein energy required to meet the setpoint using evaporatively cooled ambient air is compared with energy required to meet the setpoint using return air;
when the energy comparison indicates that meeting the setpoint using evaporatively cooled ambient air is more energy intensive than directing return air to the cooling unit to reach the setpoint, controlling the damper and modulating the cooling unit to reach the setpoint by evaporatively and mechanically cooling a mixture of return air and a minimal amount of ambient air; and
wherein modulating the cooling unit comprises increasing a temperature of the supply air exiting the evaporative cooler to a minimum cooling capacity of a compressor of the mechanical cooling unit to maintain the setpoint and to reduce or prevent cycling of the mechanical cooling unit.”
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 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 12209768, hereinafter the “768 Patent”. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding Claim 21, the 768 Patent teaches a method for evaporative cooling control, the method comprising: receiving a setpoint for a supply air, the setpoint associated with a target temperature and a target dewpoint for a designated space [768 Patent at claim 1];
receiving at least one atmospheric condition of ambient air, the at least one atmospheric condition measured using one or more ambient air sensors [768 Patent at claim 1];
providing a cooling unit comprising an evaporative cooler and a mechanical cooling unit provided in series [768 Patent at claim 1];
generating a performance prediction of the evaporative cooler by calculating a set of one or more predicted psychrometric properties of ambient air that has been evaporatively cooled by the evaporative cooler based on the at least one atmospheric condition, the evaporative cooler having evaporative media and a pump [768 Patent at claim 1];
comparing the setpoint to the set of one or more predicted psychrometric properties of the performance prediction to result in a setpoint comparison, wherein the setpoint comparison comprises comparing at least one of: the target temperature of the designated space to a predicted temperature from the performance prediction and the target dewpoint of the designated space relative to a predicted dewpoint from the performance prediction [768 Patent at claim 1];
based on the setpoint comparison indicating that at least one of the target temperature and the target dewpoint cannot be maintained solely by the evaporative cooler, cooling the ambient air with the evaporative cooler and the mechanical cooling unit [768 Patent at claim 1];
based on the setpoint comparison indicating that the target temperature or target dewpoint will be exceeded in at least one of air that has been evaporatively cooled and the designated space, establishing dewpoint as a high limit and comparing the air that has been evaporatively cooled with a return air in an energy comparison [768 Patent at claim 1];
controlling a flow of fluid over the evaporative media of the evaporative cooler based on the setpoint comparison [768 Patent at claim 1];
modulating the system to control an evaporation rate of water by at least one of bypassing at least one of the pump and the evaporative cooler, pulsing the pump between an on and off status, controlling a pump speed, and modulating a valve to maintain a temperature and a dewpoint within the designated space at the target temperature and the target dewpoint [768 Patent at claim 1]; and
providing an ambient air damper and a return damper wherein the ambient air damper is provided in coordination with the return damper and wherein the return damper and the ambient air damper are operable to mix return air with ambient air and deliver mixed air to the cooling unit, and an exhaust fan to output the return air [768 Patent at claim 1]; and
when the energy comparison indicates that cooling the ambient air with the evaporative cooler to the setpoint is less energy intensive than directing return air to the cooling unit to reach the setpoint, opening the ambient air damper to a maximum setpoint, closing the return air damper, and modulating the cooling unit to reach the setpoint by at least one of evaporatively and mechanically cooling solely ambient air to provide cooled air to the designated space [768 Patent at claim 1].
Regarding Claim 27, the 768 Patent teaches a method for evaporative cooling control [768 Patent at claim 6], the method comprising:
providing a cooling system in fluidic communication with a designated interior space, the cooling system comprising:(i) a cooling unit comprising an evaporative cooler and a mechanical cooling unit [768 Patent at claim 6];
(ii) a damper [768 Patent at claim 6];
(iii) an ambient air sensor [768 Patent at claim 6]; and
(iv) a space sensor [768 Patent at claim 6];
wherein the damper is provided upstream of the cooling unit such that the cooling system is operable to mix air to form an intake air for the cooling unit [768 Patent at claim 6];
receiving a setpoint for the designated interior space, the setpoint comprising a target temperature and a target dewpoint for the designated interior space [768 Patent at claim 6];
receiving at least one of a temperature and a dewpoint of ambient air from the ambient air sensor [768 Patent at claim 6];
generating a performance prediction of the evaporative cooler by calculating a set of one or more predicted psychrometric properties of a supply air exiting the cooling unit based on the at least one atmospheric condition and a cooling capacity of the evaporative cooler [768 Patent at claim 6];
comparing the setpoint to the set of one or more predicted psychrometric properties of the performance prediction to result in a setpoint comparison comprising temperature and dewpoint data [768 Patent at claim 6]; and
based on the setpoint comparison indicating that at least one of a target dewpoint and a target temperature of the designated interior space will be exceeded in at least one of the supply air exiting the evaporative cooler and the designated interior space, performing an energy comparison wherein energy required to meet the setpoint using evaporatively cooled ambient air is compared with energy required to meet the setpoint using return air [768 Patent at claim 6];
when the energy comparison indicates that meeting the setpoint using evaporatively cooled ambient air is more energy intensive than directing return air to the cooling unit to reach the setpoint, controlling the damper and modulating the cooling unit to reach the setpoint by evaporatively and mechanically cooling a mixture of return air and a minimal amount of ambient air [768 Patent at claim 6]; and
wherein modulating the cooling unit comprises increasing a temperature of the supply air exiting the evaporative cooler to a minimum cooling capacity of a compressor of the mechanical cooling unit to maintain the setpoint and to reduce or prevent cycling of the mechanical cooling unit [768 Patent at claim 6].
Regarding Claim 33, the 768 Patent teaches a method of climate controlling a space [768 Patent at claim 1], the method comprising:
receiving a setpoint for a supply air, the setpoint associated with at least one of a target temperature and a target dewpoint for a designated space [768 Patent at claim 1];
receiving at least one atmospheric condition of ambient air using a sensor [768 Patent at claim 1];
providing a cooling unit comprising an evaporative cooler and a mechanical cooling unit [768 Patent at claim 1];
calculating at least one psychrometric property of air evaporatively cooled by the evaporative cooler based on the at least one atmospheric condition [768 Patent at claim 1];
comparing the setpoint to the at least one psychrometric property to result in a comparison between at least one of. the target temperature of the designated space to a predicted temperature and the target dewpoint of the designated space relative to a predicted dewpoint [768 Patent at claim 1];
based a determination that at least one of the target temperature and the target dewpoint cannot be maintained solely by the evaporative cooler, cooling the ambient air with the evaporative cooler and the mechanical cooling unit [768 Patent at claim 1];
based on a determination that the target temperature or target dewpoint will be exceeded in at least one of air that has been evaporatively cooled and the designated space, establishing dewpoint as a high limit and comparing air that has been evaporatively cooled with a return air; modulating the system to control an evaporation rate of water to maintain at least one of a temperature and a dewpoint within the designated space [768 Patent at claim 1];
providing a damper that is operable to mix return air with ambient air and deliver mixed air to the cooling unit [768 Patent at claim 1]; and
when the system indicates that cooling the ambient air with the evaporative cooler to the setpoint is less energy intensive than directing return air to the cooling unit to reach the setpoint, operating the damper and modulating the cooling unit to reach the setpoint by evaporatively and mechanically cooling solely ambient air to provide cooled air to the designated space [768 Patent at claim 1].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY L FURDGE whose telephone number is (313)446-4895. The examiner can normally be reached M-R 6a-3p; F 6a-10a.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry Fletcher can be reached at 571-270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LARRY L FURDGE/ Primary Examiner, Art Unit 3763
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