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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 4/15/2025, 5/06/2025 and 6/05/2026 were filed before the first Office action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to because Figures 2-11, 14 and 15 include solid black shading. The use of shading in views is encouraged if it aids in understanding the invention and if it does not reduce legibility. Shading is used to indicate the surface or shape of spherical, cylindrical, and conical elements of an object. Flat parts may also be lightly shaded. Such shading is preferred in the case of parts shown in perspective, but not for cross sections. Spaced lines for shading are preferred. These lines must be thin, as few in number as practicable, and they must contrast with the rest of the drawings. As a substitute for shading, heavy lines on the shade side of objects can be used except where they superimpose on each other or obscure reference characters. Light should come from the upper left corner at an angle of 45°. Surface delineations should preferably be shown by proper shading. Solid black shading areas are not permitted, except when used to represent bar graphs or color. 37 CFR 1.84(m).
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:
A cooling system in claim 20;
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.
an HVAC system and/or any other suitable cooling system, which may include the aforementioned air handling equipment, 0004 of Applicant Specification.
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 Objections
Claim 17 is objected to because of the following informalities: The recitation “ upstream of the of the at least…” should be - - upstream of the at least - - for clarity. Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5-8, 10-16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hollick (US20120186778A1).
Regarding Claim 1, Hollick teaches a system [apparatus 10, Figure 2] comprising:
at least one radiative cooling material [emissive surface 16, Figure 2; 0054]; and
at least one air intake [passageway 22, Figure 2] wherein:
the at least one radiative cooling material is arranged upstream of the at least one air intake [where ambient air passes through openings 20 of radiating panel 14 to air collection space 18 that leads to the interior of the building via passageway 22, Figure 2; 0023], and air moves from the at least one radiative cooling material to the at least one air intake [0023], such that the air is cooled using the at least one radiative cooling material prior to entering the at least one air intake [where air that is drawn into the air collection space between the panel and the building is cooled by heat transfer to the panel and radiation of heat from the panel to the sky; 0011].
Regarding Claim 2, Hollick teaches the invention of claim 1 and further teaches where the at least one radiative cooling material [radiative panel 14, Figure 2] and the at least one air intake are arranged on a roof of a building [where passage way 22 opens to air space 18 on roof 52, Figure 2]; and the at least one air intake provides the cooled air to inside the building [where cooled ambient air from collection space 18 flows into the interior of building 50, Figure 2; 0023].
Regarding Claim 3, Hollick teaches the invention of claim 1 and further teaches where the at least one air intake [where passage way 22 opens to air space 18 on roof 52, Figure 2] comprises at least one of an air conditioner [where in an alternative embodiment a cooling unit 38 is in the form of an air conditioner, Figure 3; 0032].
Regarding Claim 5, Hollick teaches the invention of claim 1, and further teaches the system further comprising an air cavity [air collection space 18, Figure 2] arranged upstream of the at least one air intake [where passage way 22 opens to air space 18 on roof 52, Figure 2], wherein: the at least one radiative cooling material is arranged on at least one surface enclosing the air cavity [radiative panel 14, Figure 2], and the cooled air entering the at least one air intake is provided by the air cavity [where cooled ambient air from the air collection space 18 through flows into the interior through passageway 22; 0023].
Regarding Claim 6, Hollick teaches the invention of claim 5 and further teaches where the air cavity [air space 18, Figure 2] is formed by a volume enclosed on a first side by a roof [roof 52, Figure 2], enclosed on a second side by the at least one air intake [passageway 22 at roof 52, Figure 2], and enclosed on at least one other side by the at least one surface on which the at least one radiative cooling material is arranged [radiative panel 14, Figure 2; where the air inlet collection space 18 is defined between the radiating panel 14, having emissive surface 16, and the roof of building 50, Figure 2; 0023].
Regarding Claim 7, Hollick teaches the invention of claim 5 and further teaches where the at least one air intake [passageway 22 at roof 52, Figure 2] is coupled to an intake plenum [air duct 34, Figure 2], where the intake plenum forms a seal between the air cavity and the at least one air intake [where the metal frame 33 is sealed to the roof 52 around the sides and the top of the panel 14, using, for example, silicon caulking, Figure 1; 0058].
Regarding Claim 8, Hollick teaches the invention of claim 1 and further teaches where wherein the at least one air intake is on a roof [where the opening of passage passageway 22 is on roof 52, Figure 2], and the at least one radiative cooling material is arranged above the roof [where emissive surface 16 is on radiating panel 14 that is above roof 52, Figure 2], such that there is an air gap between the roof and the at least one radiative cooling material [where the radiating panel 14 defines an air collection space 18 between itself and the building 50; 0054].
Regarding Claim 10, Hollick teaches the invention of claim 1 and further teaches a support structure [where panel 14 is fixed to roof 52 by intermediary bars 30 and hat clips 32 secured to roof 52, Figure 1 and Figure 2; 0056], wherein: the at least one radiative cooling material [emissive surface 16, Figure 2] is applied to the support structure [on radiative panel 14, Figure 2]; and the support structure directs the cooled air to enter the at least one air intake [where the clips 32 are located in horizontal rows and are spaced apart so as to permit air flow between the clips; 0056].
Regarding Claim 11, Hollick teaches the invention of claim 10 and further teaches where the support structure comprises corrugations [where radiating panel having emissive surface 16 is a corrugated metal panel, Figure 1; 0055] configured to prevent liquid or solid matter from accumulating on the at least one radiative cooling material [where any water droplets that form on the downward facing surface of the panel 14, pulled downwardly by the force of gravity and thus travel down the slope of the panel 14; 0062].
Regarding Claim 12, Hollick teaches the invention of claim 1 and further teaches wherein the at least one radiative cooling material [emissive surface 16, Figure 1] comprises a plurality of openings [inlet openings 20, Figure 1] through which the air flows before entering the at least one air intake, wherein the air flow through the plurality of openings causes the air to be cooled [where ambient air enters the air collection space 18 through the air inlet openings 20 in the panel 14, where the air is cooled; 0061].
Regarding Claim 13, Hollick teaches the invention of claim 1 and further teaches a thermal mass [air in air collection space 18, Figure 2] that is thermally coupled to the at least one radiative cooling material [where air that is drawn into the air collection space between the panel and the building is cooled by heat transfer to the panel and radiation of heat from the panel to the sky; 0011].
Regarding Claim 14, Hollick teaches the invention of claim 1 and further teaches a moisture collector [a collection trough in a further embodiment of Figure 20; 0080; 0120] configured to collect moisture that accumulates on the at least one radiative cooling material [where an optional moisture drain in an embodiment of Figure 9 and further Figure 20 where moisture condenses on the surface of the radiating panel and will run down radiating panel as it is sloped and is collected using a trough; 0080; 0120 ].
Regarding Claim 15, Hollick teaches a method comprising: arranging at least one radiative cooling material [emissive surface 16, Figure 2; 0054] upstream of at least one air intake [where ambient air passes through openings 20 of radiating panel 14 to air collection space 18 that leads to the interior of the building via passageway 22, Figure 2; 0023]; and cooling air that moves from the at least one radiative cooling material to the at least one air intake using the at least one radiative cooling material, such that the air is cooled prior to entering the at least one air intake [where air that is drawn into the air collection space between the panel and the building is cooled by heat transfer to the panel and radiation of heat from the panel to the sky; 0011].
Regarding Claim 16, Hollick teaches the method of claim 15 and further teaches where the at least one radiative cooling material [emissive surface 16, Figure 2; 0054] and the at least one air intake [at passageway 22 where air duct 34 extends into building 50, Figure 2] are arranged on a roof of a building [roof 52, Figure 2]; and the at least one air intake provides the cooled air to inside the building [where cooled ambient air from collection space 18 flows into the interior of building 50, Figure 2; 0023].
Regarding Claim 18, Hollick teaches the method of claim 15 and further teaches an air cavity [air collection space 18, Figure 2] upstream of the at least one air intake [where passage way 22 opens to air space 18 on roof 52, Figure 2], wherein: the at least one radiative cooling material is arranged on at least one surface enclosing the air cavity [where emissive surface 16 is on radiative panel 14, Figure 2], and the cooled air entering the at least one air intake is provided by the air cavity [where cooled ambient air from the air collection space 18 through flows into the interior through passageway 22; 0023].
Regarding Claim 19, Hollick teaches the method of claim 15 and further teaches wherein the at least one radiative cooling material [emissive surface 16, Figure 2; 0054] comprises a plurality of openings [inlet openings 20, Figure 1] through which the air flows before entering into the at least one air intake, wherein the air flow through the plurality of openings causes the air to be cooled [where ambient air enters the air collection space 18 through the air inlet openings 20 in the panel 14, where the air is cooled; 0061].
Regarding Claim 20, Hollick teaches a system [apparatus 10, Figure 3] comprising: at least one radiative cooling material [emissive surface 16, Figure 2; 0054]; at least one air intake [at passageway 22 where air duct 34 extends into building 50 from roof 52, Figure 3], wherein: the at least one radiative cooling material is arranged upstream of the at least one air intake [where ambient air passes through openings 20 of radiating panel 14 to air collection space 18 that leads to the interior of the building via passageway 22, Figure 2; 0023], and air moves from the at least one radiative cooling material to the at least one air intake, such that the air is cooled using the at least one radiative cooling material prior to entering the at least one air intake [where air that is drawn into the air collection space between the panel and the building is cooled by heat transfer to the panel and radiation of heat from the panel to the sky; 0011]; and air handling equipment [cooling unit 38, Figure 3] configured to: receive the cooled air from the at least one air intake, further cool the received cooled air, and provide the further cooled air to a cooling system [where cooling unit 38 in the form of an air conditioner is provided and receives cooled air from space 18 via duct 34 for further cooling before being introduced to mix with air in the interior of the building; 0063].
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.
Claims 4 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Hollick (US20120186778A1) as applied to claim 1 and claim 15 above and in further view of Tolinski et al. (US20130109294A1).
Regarding Claim 4, Hollick teaches the invention of claim 1, and further teaches wherein: the at least one air intake [where passage way 22 opens to air space 18 on roof 52, Figure 2] comprises an outer surface [where the panel is fixed to the outer surface of roof 52 mounted on hat clips 32; 0025], the at least one radiative cooling material is arranged on the outer surface [where radiative panel 14 covers the majority of roof 50; 0024], and the air being cooled air using the at least one radiative cooling material prior to entering the at least one air intake comprises the air being cooled by the outer surface [where air that is drawn into the air collection space between the panel and the building is cooled by heat transfer to the panel and radiation of heat from the panel to the sky; 0011] .
Hollick does not teach a vent where the outer surface is arranged upstream of the vent, where the air is cooled by the outer surface prior to entering the vent.
However, Tolinski teaches a vent [vent cover 10 to cover a vent or opening extending through the roof of a building structure, Figure 1; 0017] where one of ordinary skill in the art could have combined the elements, a roof opening and a vent, as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e., preventing rain, wind and water from entering the building [Tolinski; 0007].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Hollick to have the at least one air intake comprising a vent such that the outer surface is arranged upstream of the vent, where the air is cooled by the outer surface prior to entering the vent in view of the teachings of Tolinski where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e., preventing rain, wind and water from entering the building [Tolinski; 0007].
Regarding Claim 17, Hollick teaches the method of claim 15 and further teaches where the at least one air intake [at passageway 22 where air duct 34 extends into building 50 from roof 52, Figure 2] comprises an outer surface [where the panel is fixed to the outer surface of roof 52 mounted on hat clips 32; 0025], arranging the at least one radiative cooling material [where a heat load of the radiative cooling device can be minimized using a sealed enclosure; 0034] upstream of the of the at least one air intake comprises arranging the at least one radiative cooling material on the outer surface, and cooling the air such that the air is cooled prior to entering the at least one air intake [where air that is drawn into the air collection space between the panel and the building is cooled by heat transfer to the panel and radiation of heat from the panel to the sky; 0011].
Hollick does not teach a vent, the outer surface being arranged upstream of the vent, where the air is cooled by the outer surface prior to entering the vent, such that the air is cooled prior to entering the vent.
However, Tolinski teaches a vent [vent cover 10 to cover a vent or opening extending through the roof of a building structure, Figure 1; 0017] where one of ordinary skill in the art could have combined the elements, air intake opening and a vent, as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e., preventing rain, wind and water from entering the building [Tolinski; 0007].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Hollick to have the at least one air intake comprising a vent such that the outer surface is arranged upstream of the vent, where the air is cooled by the outer surface prior to entering the vent in view of the teachings of Tolinski where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e., preventing rain, wind and water from entering the building [Tolinski; 0007].
Claims 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hollick (US20120186778A1) as applied to claim 1 above and in further view of Raman et al. (US20150338175A1).
Regarding Claim 9, Hollick teaches the system of claim 1, and does not teach a wind screen arranged over the at least one radiative cooling material, wherein the wind screen reduces convective heating of the at least one radiative cooling material.
However, Raman teaches where a wind screen arranged over the at least one radiative cooling material [where a polyethylene film can be sealed to the top of the circular aperture 216 on the frame 212 and serve as the IR-transparent wind shield over the radiative cooler, Figure 1; 0061], wherein the wind screen reduces convective heating of the at least one radiative cooling material [where a heat load of the radiative cooling device can be minimized using a sealed enclosure; 0034] where one of ordinary skill in the art would have been capable of applying this known technique to a known device that was ready for improvement and the results would have been predictable to one of ordinary skill in the art i.e., reducing heating of the cooling device by the sun [Raman; 0002]
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Hollick have where a wind screen arranged over the at least one radiative cooling material, wherein the wind screen reduces convective heating of the at least one radiative cooling material in view of the teachings of Raman where this known technique could have been applied to a known device that was ready for improvement and the results would have been predictable i.e., reducing heating of the cooling device by the sun [Raman; 0002]
Conclusion
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/KEONA LAUREN BANKS/Examiner, Art Unit 3763
/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763
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