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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “each of said tube bundles having an inlet header and an outlet header” and “each of said tube bundles comprising a plurality of horizontally arranged finned tubes connected to adjacent tubes with tube bends” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 Objections
Claims 3 and 6 are objected to because of the following informalities:
“re circulation system” in claims 3 and 6, appears to be an error for “recirculation system”.
Appropriate correction is required.
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:
cooling water distribution system,
cooling water recirculation system,
The aforementioned limitation meets the three-prong test outlined herein since:
the term “system” is a generic placeholder, (B) the generic placeholder is modified by functional language (e.g. “cooling water distribution”), and (C) the generic placeholder is not modified by sufficient structures, material or acts for performing the claimed function.
the term “system” is a generic placeholder, (B) the generic placeholder is modified by functional language (e.g. “cooling water recirculation”), and (C) the generic placeholder is not modified by sufficient structures, material or acts for performing the claimed function.
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.
A review of the specification shows that the following appear to be the corresponding structures for the aforementioned 112(f) limitation(s):
The disclosure defines cooling water distribution system as comprising tubes and sprayers, nozzles and/or distribution plates or trays, see ¶ [0009]. Therefore, the cooling water distribution system will be construed as tubes and sprayers, nozzles and/or distribution plates or trays, and/or equivalents thereof.
The disclosure defines cooling water recirculation system as overflow sump or tank, pump and tubes, see ¶ [0009]. Therefore, the cooling water recirculation system will be construed as overflow sump or tank, pump and tubes, and/or 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.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
control system.
The aforementioned limitation does not meet the three-prong test outlined herein since:
the term “system” is a generic placeholder, (B) the generic placeholder is modified by functional language (e.g. “configured to selectively open and close each of said plurality of valves to selectively operate said fluid cooler in a dry mode”), and (C) the generic placeholder is modified by sufficient structures, material or acts for performing the claimed function.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 112
Claims 4-6 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 claim 4, the recitation of “ said outlet header configured and located to receive cooled process fluid from said tube bundle, said two tube bundles” is unclear since the claim recites “tube bundles”, therefore, it’s unclear as to what Applicant is referring to by “said tube bundle” and “said two tube bundles”. As a courtesy to Applicant, Examiner has attempted to apply prior art to the claims as best they could be understood as presented. Examiner notes that Applicant’s correction of the deficiencies under 35 U.S.C. 112 may necessitate new grounds of rejection.
Claim 6 recites the limitation " said evaporative cooling water recirculation system and said adiabatic cooling water re circulation system “. There is insufficient antecedent basis for this limitation in the claim. To expedite prosecution, Examiner interprets the above to read as " an evaporative cooling water recirculation system and an adiabatic cooling water recirculation system “.
Claim 5-6 are rejected at least insofar as it’s dependent on rejected claim(s), and therefore includes the same error(s).
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.
Claims 1-3 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Yang (US20220299269A1).
Regarding claim 1, Yang teaches a fluid cooler (10: see at least Figure 6), comprising:
a frame (i.e. frame assembly), one or more pairs of tube bundles (12,14, and/or 46) arranged in said frame and flanking a plenum (i.e. plenum-like space: see ¶¶ [0013,0039, and 0049]),
each of said tube bundles having an inlet header and an outlet header (see ¶¶ [0005 and 0038]), said inlet header configured and located to receive hot process fluid and to distribute it to a corresponding tube bundle and said outlet header configured and located to receive cooled process fluid from said tube bundle (see ¶¶ [0005 and 0038]),
each of said tube bundles comprising a plurality of horizontally arranged finned tubes connected to adjacent tubes with tube bends (see ¶¶ [0007, 0038, and 0039] Examiner notes that horizontal arrangement and return bends are conventional in serpentine coil designs and are within the disclosure of standard coil assemblies),
one or more fans (22) above said tube bundles configured to draw air through said tube bundles and out through a top of said one or more fans (see ¶¶ [0005, 0012, and 0039]),
one or more adiabatic pads mounted adjacent to air intake sides of said tube bundles (i.e. polymer film sheets: see ¶ [0039]),
an adiabatic cooling water distribution system (spray 16 under 18) located above said one or more adiabatic pads and configured to selectively deliver adiabatic cooling water to and saturate said one or more adiabatic pads (see abstract and ¶¶ [0012, 0037, and 0039], i.e. “The adiabatic mode of operation includes the spray system is bypassed on the indirect heat exchange section, the direct heat exchange section is configured to facilitate a passage of water therethrough”),
an adiabatic cooling water collection tray (20) located below said adiabatic pads and connected to a drain and/or to an adiabatic water recirculation system, including a sump (sump of 20), a pump (64), and pipes connecting said sump and pump to said adiabatic cooling water distribution system (see Figure 6),
an evaporative cooling water distribution system (spray 16 above 12) located above said tube bundles and configured to selectively deliver evaporative cooling water to outside surfaces to said tube bundles (see ¶¶ [0039-0041]),
an evaporative cooling water collection tray (18) located below said tube bundles and connected to a drain and/or to an evaporative cooling water recirculation system in turn connected to said evaporative cooling water distribution system (see ¶¶ [0039-0041]),
a plurality of valves (58 and 60) located and configured to selectively permit delivery of water only to said adiabatic pads, delivery of water only to said tube bundles, or to prevent delivery of water to said adiabatic pads and to said tube bundles (see ¶¶ [0051-0053]),
a control system connected to said plurality of valves and configured to selectively open and close each of said plurality of valves to selectively operate said fluid cooler in a dry mode, in which no water is delivered to said adiabatic pads or to said tube bundles, in an adiabatic mode in which water is delivered only to said adiabatic pads, or in an evaporative mode, in which water is delivered only to said tube bundles (Examiner notes that the selectable configuration of the fluid cooler 10 itself, implemented via the valve/ damper states summarize in Table I and described in paragraphs [0043] and [0052-0056] (and corresponding figures 7- 9). Dry mode deactivate the spray system and may drain the basins; adiabatic mode directs water only through 14 while bypassing the coils; evaporation mode activates the spray over 12).
Regarding claim 2, Yang further teaches wherein said control system is further configured to open and close each of said plurality of valves to selectively operate in a combined adiabatic and evaporative mode in which water is delivered both to said adiabatic pads and to said tube bundles (see Figure 11 and ¶ [0058]).
Regarding claim 3, Yang further teaches wherein said evaporative cooling water recirculation system and said adiabatic cooling water recirculation system are integrated with one-another (see Figure 1 where the system comprises two water recirculation systems (18, 20, and 64) that are integrated with one-another).
Claims 4-6 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Yang (US20220299269A1).
Regarding claim 4, Yang teaches a method for operating a fluid cooler (see ¶ [0002]) having tube bundles (i.e. coil/tube sections: see ¶ [0012]) arranged in a frame (i.e. frame assembly) and flanking a plenum (i.e. plenum-like space: see ¶¶ [0037-0039]), said tube bundles each having an inlet header and an outlet header (see ¶¶ [0005 and 0038]), said inlet header configured and located to receive hot process fluid and to distribute it to a corresponding tube bundle and said outlet header configured and located to receive cooled process fluid from said tube bundle (see ¶¶ [0005 and 0038]), said two tube bundles each comprising a plurality of horizontally arranged finned tubes connected to adjacent tubes with tube bends (see ¶¶ [0007, 0038, and 0039] Examiner notes that horizontal arrangement and return bends are conventional in serpentine coil designs and are within the disclosure of standard coil assemblies ), one or more fans (22) above said tube bundles configured to draw air through said tube bundles and out through a top of said one or more fans (see ¶¶ [0005, 0012, and 0039]), one or more adiabatic pads (i.e. polymer film sheets: see ¶ [0039]) mounted adjacent to air intake sides of said tube bundles (see ¶¶ [0012 and 0037]), a first water distribution system located and configured to selectively deliver adiabatic water to said one or more adiabatic pads (see abstract and ¶ [0012], i.e. “The adiabatic mode of operation includes the spray system is bypassed on the indirect heat exchange section, the direct heat exchange section is configured to facilitate a passage of water therethrough”), and a second water distribution located and configured to selectively deliver evaporative cooling water to said tube bundles (see abstract and ¶ [0040], i.e. “The evaporative mode of operation includes activation of the spray system over the indirect heat exchange section, air enters the vertical passage through the direct heat exchange section, and the airflow also passes through the indirect heat exchange section”),
said method comprising selectively operating said fluid cooler in any one of a plurality of modes, depending on environmental conditions, including: in a dry mode, in which no water is delivered to said one or more adiabatic pads or to said tube bundles, in an adiabatic mode in which water is delivered only to said one or more adiabatic pads, or in an evaporative mode, in which water is delivered only to said tube bundles (see abstract and ¶ [0012], i.e. “The multiple mode hybrid heat exchanger is selectably configured to operate in an evaporative mode, a dry mode, and an adiabatic mode. The evaporative mode of operation includes activation of the spray system over the indirect heat exchange section, air enters the vertical passage through the direct heat exchange section, and the airflow also passes through the indirect heat exchange section. The dry mode of operation includes deactivation of the spray system, air enters the vertical passage through the direct heat exchange section, and the airflow then passes through the indirect heat exchange section. The adiabatic mode of operation includes the spray system is bypassed on the indirect heat exchange section, the direct heat exchange section is configured to facilitate a passage of water therethrough. The air enters the vertical passage through the direct heat exchange section, the air passing horizontally across a flow of water to directly cool the water. The water is collected in the cold water collection basin. The airflow then passes through the indirect heat exchange section”).
Regarding claim 5, Yang further teaches further comprising selectively operating said fluid cooler in a combined adiabatic and evaporative mode in which water is delivered both to said one or more adiabatic pads and said tube bundles (see Figure 11 and ¶ [0058]).
Regarding claim 6, Yang further teaches wherein said evaporative cooling water recirculation system and said adiabatic cooling water recirculation system are integrated with one-another (see Figure 1 where the system comprises two water recirculation systems (18, 20, and 64) that are integrated with one-another).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHALED AL SAMIRI whose telephone number is (571)272-8685. The examiner can normally be reached 10:30AM~3:30PM, M-F (E.S.T.).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached at (571) 270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KHALED AHMED ALI AL SAMIRI/ Examiner, Art Unit 3763 /JOEL M ATTEY/Primary Examiner, Art Unit 3763
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