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 5/30/2025 and 12/30/2025 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 statements are being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 89 in Figure 4; 38 in Figure 7; 15a in Figure 9 Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “ a first setting” and “a third setting” in claim 19.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claim 19 is 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 19, The recitation of “a first setting”, “a second setting” and “a third operating mode” renders the claim unclear.
In particular, it is unclear how an operating mode is meant to distinguish from a setting. Therefore, the claims are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claim Rejections - 35 USC § 102
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 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kiser (US5289696A).
Regarding Claim 17, Kiser teaches a method of installing a plurality of evaporative cooling units [evaporative humidification unit 44, Figure 1] in an evaporative cooling system [an evaporative humidification device of modular construction; col. 1, lines 49-54; where airhouses are adapted to not only admit air to the interior of the building so as to maintain desired pressurization within the building, but may also regulate the temperature and relative humidity of the building atmosphere; col. 2, lines 42-46], comprising:
coupling a first frame [a left column assembly of framework 58 housing containers 60, Figure 2] comprising a first plurality of openings arranged in a first column [where the framework 58 is formed by upright posts 64 and horizontal support members 68 to receive containers 60, Figure 2] to a second frame comprising a second plurality of openings arranged in a second column [a right column assembly framework 58 housing containers 60, Figure 2; where the framework 58 is formed by upright posts 64 and horizontal support members 68 to receive containers 60, Figure 2] such that a seam between edges of the first frame and the second frame is sealed [where flashing plates (not shown) may be conventionally installed to cover gaps between adjacent containers 60 and the framework 58, and between the framework and the walls of the housing 14; col. 6, lines 17-21];
coupling a first plurality of evaporative cooling units to the first frame [where containers 60 in the left column of framework 58 are received, Figure 2] such that each first evaporative cooling unit of the first plurality of evaporative cooling units is aligned with a respective first opening of the first plurality of openings in the first frame [where air is drawn laterally through the containers by the adjacent airhouse fan unit; col. 2, lines 5-10];
and coupling a second plurality of evaporative cooling units [where containers 60 in the right column of framework 58 are received, Figure 2] to the second frame such that each second evaporative cooling unit of the second plurality of evaporative cooling units is aligned with a respective second opening of the second plurality of openings in the second frame [ here air is drawn laterally through the containers by the adjacent airhouse fan unit; col. 2, lines 5-10].
Regarding Claim 18, Kiser, as modified, teaches the invention of claim 17 and further teaches coupling a liquid circuit [supply line 52, Figure 1] to the first plurality of evaporative cooling units and the second plurality of evaporative cooling units [spray lines 102, Figure 2] such that the first plurality of evaporative cooling units is in parallel with the second plurality of evaporative cooling units relative to a flow of liquid through the liquid circuit [water flows downwardly over the diffusing elements as air is drawn laterally through the containers by the adjacent airhouse fan unit; col. 2, lines 5-10].
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 1, 2, 6, 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Borker et al. (US20240373592A1) in view of Kiser (US5289696A).
Regarding Claim 1, Borker teaches an evaporative cooling system [Figure 7]
comprising:
a frame [frame 80, Figure 7]; and
a plurality of evaporative cooling units [where cooling units 66, 70, and 74 can be held within a frame 80; 0049, Figure 7; where the cooling units are constructed as described with respect to cooling unit 50; 0049] coupled to the frame [where one of the posts in unit 66 and one in unit 74 can be coupled to frame 80, Figure 7; 0049], wherein each evaporative cooling unit of the plurality of evaporative cooling units comprises:
an open end [open frame 54, Figure 6B] configured to receive an airflow and [where the feature is also present in evaporative cooling unit 10, the rounded square shape embodiment, where a front open frame 12 allows passage or flow of air into unit 10; 0025];
a closed end [capped frame 52, Figure 6B] opposing the open end [Figure 6B] and configured to block the airflow [where the feature is also present in evaporative cooling unit 10, the rounded square shape embodiment, where a capped frame preferably completely blocks the passage of air; 0025]; and
a body extending between the open end and the closed end [connected via mechanical supports such as posts 56, Figure 6C; 0046], wherein the body is formed at least in part by a sheet containing a plurality of microporous hollow fibers [where hollow fiber membrane 62 extends around the four posts 56 to create an interior volume, Figure 6B; 0047; where the pore size is 0.01 to 0.2 microns; 0048], wherein each microporous hollow fiber of the plurality of microporous hollow fibers is configured to receive a flow of a liquid [where a liquid such as water flows between frame 54 and frame 52 through membrane 62, Figure 6B; 0043;0045] establishing a heat exchange relationship between the liquid and the airflow [where an air stream or air flow is forced through membrane 62, to cool the air; 0045 ], and wherein the sheet is configured to permit passage of the airflow between an interior defined by the body [where an airstream or air flow is forced through membrane 62 and the interior volume formed by membrane 62 is open for more effective air flow through the interior volume; 0045] and an external space [where the air flows from outside of the cooling units through the membrane and the interior volume and then back outside the cooling units, Figure 7; 0049].
Borker does not teach the frame comprising a plurality of openings arranged in a column such that and the open end is aligned with a respective opening of the plurality of openings in the frame.
However, Kiser teaches a modular evaporative humidification structure for use with units supplying conditioned air to the interior of enclosed structures [col. 1, lines6-11] where the frame [framework 58, Figure 2] comprises a plurality of openings arranged in a column [formed by upright posts 64 and horizontal support members 68 to receive containers 60, Figure 2] such that the open end [where the bottom front and rear surfaces of framework 108 of container 60 are covered by open mesh sheeting, permitting free flow of air across the container and allowing water flowing downwardly through the container, Figure 5; col. 5, lines 11-25] is aligned with a respective opening of the plurality of openings in the frame [where the framework 58 and the containers 60 are dimensioned so that the containers can be inserted in and removed from the assembled framework, Figure 3 and Figure 4; col. 4, lines 27-34] 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., facilitating assembly by providing a modular area for receiving evaporative cooling units [Kiser; col. 4, 27-34].
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 Borker to have where the frame comprising a plurality of openings arranged in a column such that and the open end is aligned with a respective opening of the plurality of openings in the frame in view of the teachings of Kiser 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., facilitating assembly by providing a modular area for receiving evaporative cooling units [Kiser; col. 4, 27-34].
Regarding Claim 2, Borker, as modified, teaches the invention of claim 1 and teaches the structure of the evaporative cooling unit as claimed [Figures 6A-6C, where multiple stacked diamond shaped evaporative cooling units are shown in Figure 7, refer to the rejection of claim 1 above] but does not teach:
an additional frame comprising an additional plurality of openings arranged in an additional column; and
an additional plurality of evaporative cooling units coupled to the additional frame, wherein each additional evaporative cooling unit of the additional plurality of evaporative cooling units comprises:
an additional open end configured to receive the airflow and aligned with a respective additional opening of the additional plurality of openings in the additional frame;
an additional closed end opposing the additional open end and configured to block the airflow; and
an additional body extending between the additional open end and the additional closed end, wherein the additional body is formed by an additional sheet containing an additional plurality of microporous hollow fibers, wherein each additional microporous hollow fiber of the additional plurality of microporous hollow fibers is configured to receive an additional flow of the liquid establishing an additional heat exchange relationship between the liquid and the airflow, and wherein the additional sheet is configured to permit passage of the airflow between an additional interior defined by the additional body and the external space.
In particular, Borker teaches all of the claimed features above, refer to the rejection of claim 1, except the frame being an additional frame and the plurality of evaporative cooling units being an additional plurality of evaporative cooling units. It is noted that it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 VI B. Since applicant has not disclosed that placing a second frame and a second plurality of evaporative cooling units within the system does anything more than produce predictable results (i.e. increasing cooling capacity), the mere duplication of the evaporative cooling system is not considered to have patentable significance. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made, to modify Borker to include an additional frame and an additional plurality of evaporative cooling units, in order to predictably provide increased cooling capacity.
Borker further does not teach where the additional frame is coupled to the frame such that a seam between the frame and the additional frame is sealed.
However, Kiser teaches a modular evaporative humidification structure for use with units supplying conditioned air to the interior of enclosed structures [col. 1, lines 6-11] where the frame [framework 58, Figure 2] includes an additional frame [where the overall framework 58 includes multiple columns and rows defined by vertical supports 72 and horizontal support members 68, Figure 2, where particular configuration of the framework will be dictated by the dimensions of the air house within which it is to be installed; col.4, lines 2-16] where the additional frame is coupled to the frame such that a seam between the frame and the additional frame is sealed [where flashing plates (not shown) may be conventionally installed to cover gaps between adjacent containers 60 and the framework 58, and between the framework and the walls of the housing 14; col. 6, lines 17-21] 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., preventing incoming air from flowing around or between the evaporative cooling units [Kiser; col. 6, lines 17-21].
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 the combined teachings to have where the additional frame is coupled to the frame such that a seam between the frame and the additional frame is sealed in view of the teachings of Kiser 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., preventing incoming air from flowing around or between the evaporative cooling units [Kiser; col. 6, lines 17-21].
Regarding Claim 6, Borker, as modified, teaches the invention of claim 1 and further teaches where an air stream or air flow is forced [0045] configured to bias the airflow through the open end [open frame 54, Figure 6C], into the interior defined by the body, through the sheet [membrane 62, Figure 6B], and into the external space [where the air flows from outside of the cooling units through the membrane and the interior volume and then back outside the cooling units, Figure 7; 0049] but does not specifically teach a fan.
However, Kiser teaches a modular evaporative humidification structure for use with units supplying conditioned air to the interior of enclosed structures [col. 1, lines 6-11] including a fan [where impeller 20 is operably mounted coupled to a motor 24 where air is drawn from the housing 14 and discharged through outlet 30, Figure 1; col. 2, lines 47-57] where one of ordinary skill in the art could have combined the elements 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., providing forced air flow through the evaporative cooling units.
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 the combined teachings to have a fan in view of the teachings of Kiser 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., providing forced air flow through the evaporative cooling units.
Regarding Claim 7, Borker, as modified, teaches the invention of claim 1 and further teaches where an air stream or air flow is forced [0045] configured to bias the airflow from the external space [from outside the units;0049], through the sheet [membrane 62, Figure 6B], into the interior defined by the body, and through the open end [open frame 54, Figure 6B, where the air flows from outside of the cooling units through the membrane and the interior volume and then back outside the cooling units, Figure 7; 0049] but does not specifically teach a fan.
However, Kiser teaches a modular evaporative humidification structure for use with units supplying conditioned air to the interior of enclosed structures [col. 1, lines 6-11] including a fan [where impeller 20 is operably mounted and coupled to a motor 24 where air is drawn from the housing 14 and discharged through outlet 30, Figure 1; col. 2, lines 47-57] where one of ordinary skill in the art could have combined the elements 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., providing forced air flow through the evaporative cooling units.
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 the combined teachings to have a fan in view of the teachings of Kiser 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., providing forced air flow through the evaporative cooling units.
Regarding Claim 9, Borker, as modified, teaches the invention of claim 1 and further teaches where wherein each microporous hollow fiber of the plurality of microporous hollow fibers [membrane 62 includes fibers with a pore size of 0.01 to 0.2 microns; where air flows through the fibers where evaporation cools the air; 0048] is configured to permit a vapor generated from the heat exchange relationship to pass to the airflow [where experimental results of Table 3 show outlet Air having 38.5% higher relative humidity than the inlet air; 0062].
Claims 3-5, 8 are rejected under 35 U.S.C. 103 as being unpatentable over Borker et al. (US20240373592A1) in view of Kiser (US5289696A) as applied to claim 2 above and in further view of Sweeney et al. (US20220252285A1).
Regarding Claim 3, Borker, as modified, teaches the invention of claim 2 and does not teach:
at least one valve; and
a controller configured to control the at least one valve to:
cause the flow of the liquid and block the additional flow of the liquid during a first common time interval in a first operating mode;
block the flow of the liquid and cause the additional flow of the liquid during a second common time interval in a second operating mode; and
cause the flow of the liquid and the additional flow of the liquid during a third common time interval in a third operating mode.
However, Sweeney teaches the integration of independent modular membrane-contactor panels that can be custom assembled into any combination of vertical or horizontal-banked configurations [0047] including at least one valve [valves 502, Figure 22]; and a controller [controller 254] configured to control the at least one valve [where control valves 502 can be wired independently of one another, and since each membrane-contactor panel 504 is routed to its own water supply, selective membrane-contactor panels 504 can be activated or deactivated (e.g., by the controller 254); 0079] to: cause the flow of the liquid and block the additional flow of the liquid [where in an embodiment with two membrane contactor panels 603, for example, one may be activated and the other deactivated via valves 502, Figure 20; 0079] during a first common time interval in a first operating mode [where the membrane-contactor panels 504 can be activated in either a synchronous or an asynchronous manner, subject to predetermined control system delays; 0079]; block the flow of the liquid and cause the additional flow of the liquid [where in an embodiment with two membrane contactor panels 603, for example, one may be activated and the other deactivated via valves 502, Figure 20; 0079] during a second common time interval in a second operating mode [where the membrane-contactor panels 504 can be activated in either a synchronous or an asynchronous manner, subject to predetermined control system delays; 0079]; and cause the flow of the liquid and the additional flow of the liquid [where the controller 254 may control both membrane-contactor panels 603 to an activated configuration, Figure 20; 0079] during a third common time interval in a third operating mode [where the membrane-contactor panels 504 can be activated in either a synchronous or an asynchronous manner, subject to predetermined control system delays; 0079] 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., providing precise demand-matching control strategies [Sweeney;0077].
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 the combined teachings to have at least one valve; and a controller configured to control the at least one valve to: cause the flow of the liquid and block the additional flow of the liquid during a first common time interval in a first operating mode; block the flow of the liquid and cause the additional flow of the liquid during a second common time interval in a second operating mode; and cause the flow of the liquid and the additional flow of the liquid during a third common time interval in a third operating mode in view of the teachings of Sweeney 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., providing precise demand-matching control strategies [Sweeney;0077].
Regarding Claim 4, Borker, as modified, teaches the invention of claim 3 and does not teach where the controller is configured to:
receive an input indicative of an ambient or operating condition; and
select between the first operating mode, the second operating mode, and the third operating mode based on the input.
However, Sweeney teaches the integration of independent modular membrane-contactor panels that can be custom assembled into any combination of vertical or horizontal-banked configurations [0047] where the controller [controller 254, Figure 20] is configured to: receive an input indicative of an ambient or operating condition [where the controller 254 may actuate the valves 502 based on data feedback from the sensor 259; 0076; where sensor 259 is configured to detect one or more operating condition of the air conditioner 200; 0059]; and select between the first operating mode, the second operating mode, and the third operating mode based on the input [where for example, in an embodiment with two of the membrane-contactor panels 504 and, thus, two valves 502, where both valves 502 may be controlled by the controller 254 to an open position and where one valve 502 may be controlled by the controller 254 to an open position while the other valve 502 may be controlled by the controller 254 to a closed position; 0076] 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., providing precise demand-matching control strategies [Sweeney;0077].
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 the combined teachings to where the controller is configured to: receive an input indicative of an ambient or operating condition; and select between the first operating mode, the second operating mode, and the third operating mode based on the input in view of the teachings of Sweeney 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., providing precise demand-matching control strategies [Sweeney;0077].
Regarding Claim 5, Borker, as modified, teaches the invention of claim 2 and does not teach a plumbing assembly configured to distribute, in at least one operating mode, the flow of the liquid and the additional flow of the liquid such that the plurality of evaporative cooling units is in parallel with the additional plurality of evaporative cooling units.
However, Sweeney teaches the integration of independent modular membrane-contactor panels that can be custom assembled into any combination of vertical or horizontal-banked configurations [0047] including a plumbing assembly [plumbing system 500] configured to distribute, in at least one operating mode [0076], the flow of the liquid and the additional flow of the liquid such that the plurality of evaporative cooling units [contactor panels 504, Figure 20] is in parallel with the additional plurality of evaporative cooling units [where multitude of independent control valves 502 regulate the water flow of each membrane-contactor panel 504, allowing for selective activation of each membrane-contactor panel 504 for application-specific cooling needs;0076] 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., providing precise demand-matching control strategies [Sweeney;0077].
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 the combined teachings to where a plumbing assembly configured to distribute, in at least one operating mode, the flow of the liquid and the additional flow of the liquid such that the plurality of evaporative cooling units is in parallel with the additional plurality of evaporative cooling units in view of the teachings of Sweeney 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., providing precise demand-matching control strategies [Sweeney;0077].
Regarding Claim 8, Borker, as modified, teaches the invention of claim 1 and does not teach a bypass damper adjacent to the frame and configured to be:
opened to cause the airflow to bypass the plurality of evaporative cooling units; and closed to enable the airflow to pass through the plurality of evaporative cooling units.
However, Sweeney teaches the integration of independent modular membrane-contactor panels that can be custom assembled into any combination of vertical or horizontal-banked configurations [0047] including a bypass damper [bypass dampers 250, Figure 9 or vertically positioned 260 in Figure 10] adjacent to the frame [where housing structure 206, includes contactor panels 205, Figure 9] and configured to be: opened to cause the airflow to bypass the plurality of evaporative cooling units [the maximum amount of bypass air 252 (as per the design sizing) will be passing through the air bypass dampers 250 and a reduced air flow 105 will pass through the membrane-contactor panels 205; 0059]; and closed to enable the airflow to pass through the plurality of evaporative cooling units [where when the air bypass dampers 250 are completely closed, the air flow 105 will move strictly through the matrix of membrane-contactor panels 205, just as it did before where the dampers are completely opened;0059] 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., to provide increased control of the air stream passing through the membrane-contactor-based air conditioner [Sweeney;0020;0021].
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 the combined teachings to where teach a bypass damper adjacent to the frame and configured to be: opened to cause the airflow to bypass the plurality of evaporative cooling units; and closed to enable the airflow to pass through the plurality of evaporative cooling units in view of the teachings of Sweeney 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., to provide increased control of the air stream passing through the membrane-contactor-based air conditioner [Sweeney;0020;0021].
Claims 10, 11, 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kiser (US5289696A) in view of Sweeney et al. (US20220252285A1)
Regarding Claim 10, Kiser teaches an evaporative cooling system [an evaporative humidification device of modular construction; col. 1, lines 49-54; where airhouses are adapted to not only admit air to the interior of the building so as to maintain desired pressurization within the building, but may also regulate the temperature and relative humidity of the building atmosphere; col. 2, liens 42-46], comprising:
a plurality of frames [where the overall framework 58 includes multiple columns and rows defined by vertical supports 72 and horizontal support members 68, Figure 2, where particular configuration of the framework will, of course, be dictated by the dimensions of the air house within which it is to be installed; col.4, lines 2-16] defining a plurality of openings [formed by upright posts 64 and horizontal support members 68 to receive containers 60, Figure 2], wherein adjacent frames of the plurality of frames are coupled together to form a sealed seam therebetween [where flashing plates (not shown) may be conventionally installed to cover gaps between adjacent containers 60 and the framework 58, and between the framework and the walls of the housing 14; col. 6, lines 17-21];
a plurality of evaporative cooling units [containers 60, Figure 2] coupled to the plurality of frames, aligned with the plurality of openings defined by the plurality of frames [where the framework 58 and the containers 60 are dimensioned so that the containers can be inserted in and removed from the assembled framework, Figure 3 and Figure 4; col. 4, lines 27-34], and configured to establish a heat exchange relationship between a liquid and an airflow [containers 60, where water flows downwardly over the diffusing elements as air is drawn laterally through the containers by the adjacent airhouse fan unit; col. 2, lines 5-10];
at least one valve [flow control valve 54, Figure 1]; and
a controller [central computer, col. 3, lines 35-44] configured to control the at least one valve [where the control valve 54 is operably controlled by the central computer; col. 3, lines 35-44] to use the plurality of evaporative cooling units to receive the liquid in a first operating mode [where a flow control valve 54 is provided in the supply line for regulating the flow of water to the evaporative humidification unit; col. 3, lines 35-38];
but does not teach where the controller is configured to: cause only a subset of the plurality of evaporative cooling units to receive the liquid in a second operating mode.
However, Sweeney teaches an air conditioner including an evaporative cooling member [0008] where the controller [controller 254, Figure 22] is configured to: cause only a subset of the plurality of evaporative cooling units to receive the liquid in a second operating mode [where for example, in an embodiment with two of the membrane-contactor panels 504 and, thus, two valves 502, where both valves 502 may be controlled by the controller 254 to an open position and where one valve 502 may be controlled by the controller 254 to an open position while the other valve 502 may be controlled by the controller 254 to a closed position; 0076] 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., providing precise demand-matching control strategies [Sweeney;0077].
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 method of the combined teachings to where the controller is configured to: cause only a subset of the plurality of evaporative cooling units to receive the liquid in a second operating mode in view of the teachings of Sweeney 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., providing precise demand-matching control strategies [Sweeney;0077].
Regarding Claim 11, Kiser, as modified, teaches the invention of claim 10 and further teaches where: a first frame defining a first subset of the plurality of openings, wherein the first subset of the plurality of openings is arranged in a first column [a left column assembly of framework 58 housing containers 60, Figure 2; where the framework 58 is formed by upright posts 64 and horizontal support members 68 to receive containers 60, Figure]; and
a second frame defining a second subset of the plurality of openings, wherein the second subset of the plurality of openings is arranged in a second column [a right column assembly framework 58 housing containers 60, Figure 2; where the framework 58 is formed by upright posts 64 and horizontal support members 68 to receive containers 60, Figure 2].
Regarding Claim 15, Kiser, as modified teaches the invention of claim 10 and further teaches where the controller [the central computer; col. 3, lines 38-44] is configured to:
receive an input indicative of an ambient or operating condition [where the flow control valve 54 may advantageously be operably controlled by the central computer for regulating flow of water, and hence evaporation, in response to observed relative humidity conditions within the associated building area, Figure 1; col. 3, lines 38-44]; and does not teach the controller is configured to:select between the first operating mode and the second operating mode based on the input.
However, Sweeney teaches the integration of independent modular membrane-contactor panels that can be custom assembled into any combination of vertical or horizontal-banked configurations [0047] where the controller [controller 254, Figure 20] is configured to: receive an input indicative of an ambient or operating condition [where sensor 259 is configured to detect one or more operating condition of the air conditioner 200; 0059]; and select between the first operating mode and the second operating mode [where for example, in an embodiment with two of the membrane-contactor panels 504 and, thus, two valves 502, where both valves 502 may be controlled by the controller 254 to an open position and where one valve 502 may be controlled by the controller 254 to an open position while the other valve 502 may be controlled by the controller 254 to a closed position; 0076] based on the input [where the controller 254 may actuate the valves 502 based on data feedback from the sensor 259; 0076] 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., providing precise demand-matching control strategies [Sweeney;0077].
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 the combined teachings to where the controller is configured to: receive an input indicative of an ambient or operating condition; and select between the first operating mode and the second operating mode based on the input in view of the teachings of Sweeney 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., providing precise demand-matching control strategies [Sweeney;0077].
Regarding Claim 16, Kiser teaches the invention of claim 10 and further teaches where the plurality of frames and the plurality of evaporative cooling units form an evaporative cooling assembly [evaporative humidification unit 44, refer to the rejection of claim 10 above], and wherein the evaporative cooling system comprises: a first bypass damper disposed on a first side of the evaporative cooling assembly, wherein the controller is configured to selectively control the first bypass damper between a first open position and a first closed position; and a second bypass damper disposed on a second side of the evaporative cooling assembly opposing the first side, wherein the controller is configured to selectively control the second bypass damper between a second open position and a second closed position.
However, Sweeney teaches the integration of independent modular membrane-contactor panels that can be custom assembled into any combination of vertical or horizontal-banked configurations [0047] where a first bypass damper [left damper 250, Figure 9] disposed on a first side of the evaporative cooling assembly [on the left side of air conditioner 200 including contactor panels 205, Figure 9], wherein the controller [controller 254, Figure 9] is configured to selectively control the first bypass damper between a first open position and a first closed position [where the controller 254 may be utilized, for example, to open and close the bypass dampers 250 where the controller 254 may receive data indicative of the one or more operating conditions of the air conditioner 200 and determine a position of the bypass dampers 250 based on the sensor data.; 0059]; and
a second bypass damper [right damper 250, Figure 9] disposed on a second side of the evaporative cooling assembly opposing the first side [where the air bypass dampers span the left and right side of the conditioning housing structure 206, Figure 9], wherein the controller is configured to selectively control the second bypass damper between a second open position and a second closed position [where the controller 254 may be utilized, for example, to open and close the bypass dampers 250 where the controller 254 may receive data indicative of the one or more operating conditions of the air conditioner 200 and determine a position of the bypass dampers 250 based on the sensor data.; 0059] 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., providing precise demand-matching control strategies [Sweeney;0077].
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 the combined teachings to have a first bypass damper disposed on a first side of the evaporative cooling assembly, wherein the controller is configured to selectively control the first bypass damper between a first open position and a first closed position; and a second bypass damper disposed on a second side of the evaporative cooling assembly opposing the first side, wherein the controller is configured to selectively control the second bypass damper between a second open position and a second closed position in view of the teachings of Sweeney 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., providing precise demand-matching control strategies [Sweeney;0077].
Claim 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kiser (US5289696A) in view of Sweeney et al. (US20220252285A1) as applied to claim 10 above and in further view of Borker et al. (US20240373592A1).
Regarding Claim 12, Kiser, as modified, teaches the invention of claim 10 and further teaches where each evaporative cooling unit of the plurality of evaporative cooling units comprises:
an open end configured to permit the airflow to pass therethrough [where the bottom and the front and rear faces of the framework 108 are covered by sheets 114 of open mesh screening as of stainless steel, permitting free flow of air across the con tainer; col. 5, lines 17-27];
a closed end [cover plates 112, Figure 5] but does not teach where the closed end opposes the open end and configured to block the airflow from passing therethrough; and
a body extending from the open end to the closed end, wherein the body is defined by a sheet permeable to the airflow and containing a plurality of microporous hollow fibers configured to receive and contain the liquid therein.
However, Borker teaches a plurality of evaporative cooling units [evaporative cooling unit 10, Figure 1B] comprising
an open end [front frame 12, Figure 1B] configured to receive an airflow and [where a front open frame 12 allows passage or flow of air into unit 10; 0025];
a closed end [rear frame 20, Figure 1B] opposing the open end [Figure 1B] and configured to block the airflow [where a capped frame preferably completely blocks the passage of air; 0025]; and
a body extending between the open end and the closed end [connected via mechanical posts 14, Figure 1A and 1B], wherein the body is formed at least in part by a sheet containing a plurality of microporous hollow fibers [where hollow fiber membrane 16 extends around the four posts 14 to create an interior volume, Figure 1A; 0030; where the pore size of the fiber membrane is 0.01 to 0.2 microns; 0031], configured to receive and contain the liquid therein [where a liquid such as water flows 22 between frame 12 and frame 20 through membrane 16, Figure 1B; 0026] where one of ordinary skill in the art would have been capable of applying this known technique, hollow fibers with porous walls, 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., providing enhanced evaporative cooling and reduced pressure drop [Borker; 0024]
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 the combined teachings to where the closed end opposes the open end and configured to block the airflow from passing therethrough; and a body extending from the open end to the closed end, wherein the body is defined by a sheet permeable to the airflow and containing a plurality of microporous hollow fibers configured to receive and contain the liquid therein in view of the teachings of Borker 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., providing enhanced evaporative cooling and reduced pressure drop [Borker; 0024]
Regarding Claim 13, Kiser, as modified, teaches the invention of claim 12 and further teaches a fan [impeller 20, Figure 1] configured to bias the airflow through the open end [in the rear of container 60, Figure 1 and Figure 5] into an interior defined by the body [container 60, Figure 5], through the sheet [through sheets 114, Figure 5], and into an external space [where impeller 20 is operably mounted coupled to a motor 24 where air is drawn from the housing 14 and discharged through outlet 30, Figure 1; col. 2, lines 47-57].
Regarding Claim 14, Kiser, as modified, teaches the invention of claim 12 and further teaches a fan [impeller 20, Figure 1] configured to bias the airflow from an external space [from inlet 34, Figure 1], through the sheet [through sheets 114, Figure 5], into an interior defined by the body [container 60, Figure 5], and through the open end [in the rear of container 60, Figure 1 and Figure 5; where impeller 20 is operably mounted coupled to a motor 24 where air is drawn from the housing 14 air inlet 34 and discharged through outlet 30, Figure 1; col. 2, lines 47-57].
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kiser (US5289696A) as applied to claim 18 above and in further view of Sweeney et al. (US20220252285A1)
Regarding Claim 19, Kiser, in light of indefiniteness, teaches the invention of claim 18 and does not teach at least one valve configured to be controlled between:
a first setting in which the first plurality of evaporative cooling units receives the liquid and the second plurality of evaporative cooling units does not receive the liquid during a first common time interval;
a second setting in which the second plurality of evaporative cooling units receives the liquid and the first plurality of evaporative cooling units does not receive the liquid during a second common time interval; and
a third operating mode in which the first plurality of evaporative cooling units and the second plurality of evaporative cooling units receives the liquid during a third common time interval.
However, Sweeney teaches the integration of independent modular membrane-contactor panels that can be custom assembled into any combination of vertical or horizontal-banked configurations [0047] including at least one valve [valves 502, Figure 22]; configured to be controlled between: a first setting in which the first plurality of evaporative cooling units receives the liquid and the second plurality of evaporative cooling units does not receive the liquid [where in an embodiment with two membrane contactor panels 603, for example, one may be activated and the other deactivated via valves 502, Figure 20; 0079] during a first common time interval [where the membrane-contactor panels 504 can be activated in either a synchronous or an asynchronous manner, subject to predetermined control system delays; 0079]; a second setting in which the second plurality of evaporative cooling units receives the liquid and the first plurality of evaporative cooling units does not receive the liquid [where in an embodiment with two membrane contactor panels 603, for example, one may be activated and the other deactivated via valves 502, Figure 20; 0079] during a second common time interval [where the membrane-contactor panels 504 can be activated in either a synchronous or an asynchronous manner, subject to predetermined control system delays; 0079]; and a third operating mode in which the first plurality of evaporative cooling units and the second plurality of evaporative cooling units receives the liquid [where the controller 254 may control both membrane-contactor panels 603 to an activated configuration, Figure 20; 0079] during a third common time interval [where the membrane-contactor panels 504 can be activated in either a synchronous or an asynchronous manner, subject to predetermined control system delays; 0079] 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., providing precise demand-matching control strategies [Sweeney;0077].
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 the combined teachings to have at least one valve configured to be controlled between:a first setting in which the first plurality of evaporative cooling units receives the liquid and the second plurality of evaporative cooling units does not receive the liquid during a first common time interval; a second setting in which the second plurality of evaporative cooling units receives the liquid and the first plurality of evaporative cooling units does not receive the liquid during a second common time interval; and a third operating mode in which the first plurality of evaporative cooling units and the second plurality of evaporative cooling units receives the liquid during a third common time interval in view of the teachings of Sweeney 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., providing precise demand-matching control strategies [Sweeney;0077].
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kiser (US5289696A) as applied to claim 17 above and in further view of Echols (US20180372387A1).
Regarding Claim 20, Kiser teaches the invention of claim 17 and does not teach: coupling the first plurality of evaporative cooling units to the first frame via a first plurality of fasteners, wherein the first plurality of fasteners comprises a first plurality of threaded studs configured to be received by a first plurality of holes in the first frame, and the first plurality of fasteners comprises a first plurality of bodies coupled to the first plurality of evaporative cooling units and configured to receive the first plurality of threaded studs; and coupling the second plurality of evaporative cooling units to the second frame via a second plurality of fasteners, wherein the second plurality of fasteners comprises a second plurality of threaded studs configured to be received by a second plurality of holes in the second frame, and the second plurality of fasteners comprises a second plurality of bodies coupled to the second plurality of evaporative cooling units and configured to receive the second plurality of threaded studs.
However, Echols teaches a system of modular evaporative pre-cooling cassette [0002] including coupling the first plurality of evaporative cooling units [pre-cooler cassettes 36, Figure 1] to the first frame [struts 28 on top surface 32, Figure 1; 0024] via a first plurality of fasteners [where threaded rods suspend multiple evaporative pre-cooler cassettes 36 from the horizontal top surface 32 of condenser, Figure 3; 0024], wherein the first plurality of fasteners comprises a first plurality of threaded studs [threaded rods 30, Figure 3; 0024] configured to be received by a first plurality of holes in the first frame [where the threaded rods 30 pass through the upper struts 28, Figure 1], and the first plurality of fasteners comprises a first plurality of bodies coupled to the first plurality of evaporative cooling units [where nuts and lock washers facilitate an adjustable method of retrofit; 0026] and configured to receive the first plurality of threaded studs [Figure 4; 0026] where one of ordinary skill in the art would have been capable of applying this known technique, threaded rods and nuts, 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., providing an inexpensive means of installation in vertical and horizontal directions [Echols; 0006].
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 method of the combined teachings to have coupling the first plurality of evaporative cooling units to the first frame via a first plurality of fasteners, wherein the first plurality of fasteners comprises a first plurality of threaded studs configured to be received by a first plurality of holes in the first frame, and the first plurality of fasteners comprises a first plurality of bodies coupled to the first plurality of evaporative cooling units and configured to receive the first plurality of threaded studs in view of the teachings of Echols 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., providing an inexpensive means of installation in vertical and horizontal directions [Echols; 0006].
It is further noted that it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced, see MPEP 2144.04 VI B. Since applicant has not disclosed that a second plurality of fasteners for coupling the second plurality of evaporative cooling units to the second frame does anything more than produce predictable results (i.e. securing components in the system assembly), the mere duplication of the plurality of fasteners is not considered to have patentable significance. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made, to modify Kiser to include coupling the second plurality of evaporative cooling units to the second frame via a second plurality of fasteners, wherein the second plurality of fasteners comprises a second plurality of threaded studs configured to be received by a second plurality of holes in the second frame, and the second plurality of fasteners comprises a second plurality of bodies coupled to the second plurality of evaporative cooling units and configured to receive the second plurality of threaded studs.
Conclusion
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/KEONA LAUREN BANKS/Examiner, Art Unit 3763
/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763
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