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 .
Response to Amendment
The amendment filed November 13th, 2025 has been entered. Claims 1, 3-4, 6-15, 18-19, 21-29, and 32-37 remain pending in the application. The amendments to the claims have overcome each and every 112(a) rejection and 112(b) rejection previously cited in the Non-Final rejection mailed August 13th, 2025. However, the amendment has raised other issues detailed below.
Response to Arguments
Applicant’s arguments, see Pg. 13-16, filed November 13th, 2025, with respect to the rejections of claims 1, 19, and 33 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Rafalovich et al. (WO 9724565).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-4, 6, 12-15, 18-19, 21-22, 26-29, and 32-34 are rejected under 35 U.S.C. 103 as being unpatentable over Ma et al. (US 20140338389), hereinafter Ma in view of Rafalovich et al. (US Patent No. 5,680,898), hereinafter Rafalovich '898, Rafalovich et al. (WO 9724565), hereinafter Rafalovich, and Parsonnet et al. (WO 2012135470), hereinafter Parsonnet.
Regarding claim 1, Ma discloses a heating, ventilation, and air-conditioning ("HVAC") system for use with a refrigerant (Fig. 3, HVAC&R system 10; Pg. 2, paragraph 17, HVAC&R system 10 such that refrigerant R is configured to flow through inlet 48), the HVAC system comprising:
a compressor operable to compress the refrigerant (Fig. 3, compressor 12; Pg. 2, paragraph 21, The vaporized refrigerant R is provided to conduit 38, by way of the first TES outlet conduit 64, to be recirculated through the compressor 12);
a condenser positioned downstream of the compressor and configured to condense the refrigerant flowing therethrough (Fig. 3 of Ma depicts condenser 20 to be downstream of compressor 12; Further, the condenser 20 has the same structure as the claimed condenser and is capable of functioning in the manner claimed);
an evaporator positioned upstream of the compressor, the evaporator configured to vaporize the refrigerant flowing therethrough at an evaporation temperature (Fig. 3 of Ma depicts evaporator 32 to be upstream of the compressor 12; Further, the evaporator 32has the same structure as the claimed evaporator and is capable of functioning in the manner claimed);
a thermal energy storage device ("TESD") including a single flow path through a thermal energy storage media and positioned in line between the condenser and the evaporator (Fig. 3 of Ma depicts thermal energy storage unit 40 which includes heat exchanger 46 to be positioned in line between condenser 20 and evaporator 32; Pg. 2, paragraph 17, The HVAC&R system 10 illustrated in FIGS. 2 and 3 has been adapted to include a thermal energy storage (TES) unit 40 having an insulated storage tank 42, which contains an amount of a suitable phase change material 44, such as coconut oil for example. In one embodiment, the phase change material 44 can have melting temperatures (freeze temperatures) ranging from about 45 degrees Fahrenheit to about 85 degrees Fahrenheit such that the material 44 undergoes a solid to liquid phase change when heated and a liquid to solid phase change when cooled. A heat exchanger 46 is immersed within the phase change material 44 and is fluidly connected to the HVAC&R system 10 such that refrigerant R is configured to flow through inlet 48);
a TESD bypass flow path bypassing the TESD (See annotated Fig. 3 of Ma below, TESD bypass flow path A);
a TESD expansion device upstream of the TESD (Fig. 3 of Ma depicts the expansion device 60 to be disposed upstream of the thermal energy storage unit 40);
a TESD expansion device bypass flow path bypassing the TESD expansion device (Fig. 3 of Ma depicts TES inlet conduit 54 to bypass the expansion device 60 and not include an expansion device);
an evaporator expansion device positioned downstream of the TESD and upstream of the evaporator (Fig. 3 of Ma depicts expansion device 28 to be positioned downstream of the thermal energy storage unit 40 and upstream of the evaporator 32);
an evaporator expansion device bypass flow path positioned downstream of the TESD and bypassing the evaporator expansion device (Fig. 3 of Ma depicts conduit 64 to be positioned downstream of the thermal energy storage unit 40 and bypassing expansion device 28);
an evaporator bypass flow path bypassing the evaporator expansion device and the evaporator (Fig. 3, second TES outlet conduit 64; Pg. 2, paragraph 21, The system 10 illustrated in FIG. 3 may additionally 52 and include a "charge and cool" mode, where valves 66 are open and valves 58 and 68 are closed. A first portion of the cool liquid refrigerant R is configured to flow through the valve 58 in the conduit 26 to the expansion device 28. A second portion of the cool liquid refrigerant R is configured to flow through the expansion device 60 of the second TES inlet conduit 56 to the inlet 48 of the heat exchanger 46. The refrigerant R is configured to absorb heat from the phase change material 44 as it passes through the heat exchanger 46 such that the phase change material 44 transforms from a generally liquid state to a substantially solid state. The vaporized refrigerant R is provided to conduit 38, by way of the first TES outlet conduit 64, to be recirculated through the compressor 1); and
wherein the system is configured to:
operate in a charging mode to flow at least a portion of the refrigerant through the TESD expansion device to expand the refrigerant and at least a portion of the refrigerant through the TESD to charge the TESD with thermal energy and cool the TESD to a temperature below the evaporation temperature (Fig. 3; Pg. 2, paragraph 21, The system 10 illustrated in FIG. 3 may additionally 52 and include a "charge and cool" mode, where valves 66 are open and valves 58 and 68 are closed. A first portion of the cool liquid refrigerant R is configured to flow through the valve 58 in the conduit 26 to the expansion device 28. A second portion of the cool liquid refrigerant R is configured to flow through the expansion device 60 of the second TES inlet conduit 56 to the inlet 48 of the heat exchanger 46. The refrigerant R is configured to absorb heat from the phase change material 44 as it passes through the heat exchanger 46 such that the phase change material 44 transforms from a generally liquid state to a substantially solid state. The vaporized refrigerant R is provided to conduit 38, by way of the first TES outlet conduit 64, to be recirculated through the compressor 12);
operate in a discharge mode to flow at least a portion of the refrigerant through the TESD to discharge the thermal energy from the charged TESD to lower an enthalpy of the refrigerant, and at least a portion of the refrigerant from the TESD through the evaporator so as to improve the performance of the HVAC system by improving evaporation by the evaporator (Fig. 3; Pg. 2, paragraph 20, In one embodiment, the HVAC&R system 10 is also configured to operate in a "discharge" mode, wherein the phase change material 44 is generally converted from a solid to a liquid. In the discharge mode, valves 52 and 66 are closed and valve 58 is open. In addition, the blower 21 (see FIG. 1) positioned adjacent the condenser 20 is off, such that the superheated vaporized refrigerant R passes through the condenser 20 generally without experiencing a change in temperature and/or pressure. In the discharge mode, all of the superheated vapor refrigerant passes from the conduit 26 through the first TES inlet conduit 54. The heat exchanger 46 operates in a manner similar to a condenser such that heat from the refrigerant R transfers to the phase change material 44 in the storage tank 42. In one embodiment, the refrigerant R provided to the heat exchanger 46 generally has a temperature above the melting temperature of the phase change material 44. Cooled liquid refrigerant R from the outlet 50 of the heat exchanger 46 passes through the first TES outlet conduit 62 to the evaporator 32 to complete the vapor compression cycle within the HVAC&R system. In embodiments where the first TES outlet conduit includes a valve 68, valve 68 is generally open during the "discharge" mode); and
flow at least some of the refrigerant flow through the TESD bypass flow path to bypass the TESD in the charging mode (Fig. 3; Pg. 2, paragraph 21, The system 10 illustrated in FIG. 3 may additionally 52 and include a "charge and cool" mode, where valves 66 are open and valves 58 and 68 are closed. A first portion of the cool liquid refrigerant R is configured to flow through the valve 58 in the conduit 26 to the expansion device 28. A second portion of the cool liquid refrigerant R is configured to flow through the expansion device 60 of the second TES inlet conduit 56 to the inlet 48 of the heat exchanger 46. The refrigerant R is configured to absorb heat from the phase change material 44 as it passes through the heat exchanger 46 such that the phase change material 44 transforms from a generally liquid state to a substantially solid state. The vaporized refrigerant R is provided to conduit 38, by way of the first TES outlet conduit 64, to be recirculated through the compressor 12),
wherein the charging mode is distinct and separate from the discharge mode and the TESD is not in both modes at the same time (Pg. 2, paragraphs 20-21 of Ma describe distinct and separate operating modes for discharging and a charge and cool mode which are performed separately by opening and closing specific valves around the system).
However, Ma does not disclose an evaporator expansion device bypass flow path positioned downstream of the TESD and bypassing the evaporator expansion device while allowing flow through the evaporator; and
a control system comprising a controller programmed to perform discharging and charging functions of the system.
Rafalovich ‘898 teaches the evaporator expansion device bypass flow path positioned downstream of the TESD and bypassing the evaporator expansion device while allowing flow through the evaporator (Fig. 3, conduit 231, conduit 234, valve 233; Col. 15-16, lines 63 and 9-15, In system 210 of FIG. 3 in cooling mode, charging cycle…The mainly gaseous refrigerant then flows through conduit 242, junction 240, conduit 234, and through valve 233 to conduit 231. From there it passes through junction 226 to conduit 224 and flows through first heat exchanger 230 (with fan 232 off such that heat losses are minimal). The mainly gaseous refrigerant then returns to compressor 212 by way of conduits 218 and 222; Further, being that the system is in cooling mode during the charging cycle of Fig. 3, first heat exchanger would be acting as the evaporator); and
a control system comprising a controller programmed to perform discharging and charging functions of the system (Fig. 3, controller 274; Col. 9, lines 21-23, Here again. Controller 274 manipulates valves 216, 233, 252 appropriately as indicated by dashed lines 276, 278, 280).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the HVAC system of Ma of claim 1 to include an evaporator expansion device bypass flow path positioned downstream of the TESD and bypassing the evaporator expansion device while allowing flow through the evaporator and control system comprising a controller programmed to perform discharging and charging functions of the system of Ma as taught by Rafalovich ‘898. One of ordinary skill in the art would have been motivated to make this modification to allow for increased flexibility in system flow to allow for a variety of modes of operation.
However, Ma as modified does not disclose the evaporator bypass flow path positioned downstream of the TESD bypass flow path.
Rafalovich teaches the evaporator bypass flow path positioned downstream of the TESD bypass flow path (See annotated Fig. 10 of Rafalovich below, evaporator bypass flow path D is positioned downstream of the TESD bypass flow path E and bypasses the metering valve 1022 and the indoor coil 1016; Pg. 62-63, lines 21-28 and 1-7; Air conditioning or refrigeration system 1010 can also be operated to store cooling capacity during off peak hours for on-peak recovery. For example, where the phase change material contained in thermal storage device 1018 is water, the water can be frozen and cooling capacity thus can be stored. In this cycle, referred to herein as a "charging cycle", valves 1024 and 1026 are closed, while valves 1028 and 1030 are open. Accordingly, refrigerant flows from compressor 1012 through outside coil 1014, metering device 1020 and thermal storage device 1018. Because valve 1028 is open, refrigerant bypasses metering device 1022. Because valve 1030 is open, refrigerant can flow through the second bypass line bypassing completely inside coil 1016 and returning directly to compressor 1012).
Ma as modified fails to teach the evaporator bypass flow path positioned downstream of the TESD bypass flow path, however Rafalovich teaches that it is a known method in the art of HVAC systems with thermal energy storage devices to include an evaporator bypass flow path positioned downstream of the TESD bypass flow path. This is strong evidence that modifying Ma as modified as claimed would produce predictable results (i.e. providing a variety of operating modes to improve overall system flexibility). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ma as modified by Rafalovich and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing a variety of operating modes to improve overall system flexibility.
Further, Ma as modified does not disclose the condenser to condense the refrigerant in the discharge mode, and
flow at least some of the refrigerant through the TESD bypass flow path to bypass the TESD in the discharge mode.
Parsonnet teaches the condenser to condense the refrigerant in the discharge mode (Fig. 5, parallel condenser discharge loop; Pg. 7, paragraph 25, In parallel condenser discharge mode, all basic air conditioning/refrigerant AC/R components are active including the compressor 110, condenser 112, evaporator expansion device 120, and the evaporator 114; Further, the teachings of Parsonnet having an active condenser during the discharge mode at least imply the condenser to condense the refrigerant in the discharge mode since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01)), and
flow at least some of the refrigerant through the TESD bypass flow path to bypass the TESD in the discharge mode (Fig. 5, parallel condenser discharge loop; Pg. 7, paragraph 25, In parallel condenser discharge mode, all basic air conditioning/refrigerant AC/R components are active including the compressor 110, condenser 112, evaporator expansion device 120, and the evaporator 114. In this mode, the compressor 110 is energized to compress cold, low pressure refrigerant gas to hot, high-pressure gas. This refrigerant passes through valve VI 122 where a portion of the hot, high-pressure gas is diverted by valve VI 122 to the storage module 116 and heat exchanger 170, which acts as a condenser where the hot vapor rejects heat to the storage media 160, reduces temperature, and condenses. This warm liquid refrigerant is then sent to the evaporator expansion device 120 via valve V5 130 where it is mixed with warm liquid refrigerant exiting the condenser 112 via valve V3 126. The mixed warm liquid refrigerant is then expanded with the evaporator expansion device 120 and evaporator 114 to provide load cooling/refrigeration and returns to compressor 110 through valves V6 132 and V7 134 to complete the refrigeration loop).
Therefore, it would have been obvious before the effective filing date of the claimed invention to reprogram the controller of Ma as modified to control the condenser to condense the refrigerant in the discharge mode and flow at least some of the refrigerant through the TESD bypass flow path to bypass the TESD in the discharge mode as taught by Parsonnet. One of ordinary skill in the art would have been motivated to make this modification to allow a greater amount of subcooling prior to the expansion process (Parsonnet, Pg. 7, paragraph 26).
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Regarding claim 3, Ma as modified discloses the HVAC system of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein when in the charging mode, the controller is programmed to control at least a portion of the refrigerant flow to flow through the evaporator bypass flow path and bypass the evaporator expansion device and the evaporator (Ma, Fig. 3; Pg. 2, paragraph 21, The system 10 illustrated in FIG. 3 may additionally 52 and include a "charge and cool" mode, where valves 66 are open and valves 58 and 68 are closed. A first portion of the cool liquid refrigerant R is configured to flow through the valve 58 in the conduit 26 to the expansion device 28. A second portion of the cool liquid refrigerant R is configured to flow through the expansion device 60 of the second TES inlet conduit 56 to the inlet 48 of the heat exchanger 46. The refrigerant R is configured to absorb heat from the phase change material 44 as it passes through the heat exchanger 46 such that the phase change material 44 transforms from a generally liquid state to a substantially solid state. The vaporized refrigerant R is provided to conduit 38, by way of the first TES outlet conduit 64, to be recirculated through the compressor 12). Further, the limitations of claim 3 are the result of the modification of references used in the rejection of claim 1 above.
Regarding claim 4, Ma as modified discloses the HVAC system of claim 1 (see the combination of references used in the rejection of claim 1 above).
However, Ma as modified does not disclose, wherein when in the charging mode, the controller is programmed to control at least a portion of the refrigerant flow to bypass the evaporator expansion device and flow through the evaporator.
Rafalovich '898 teaches wherein when in the charging mode, the controller is programmed to control at least a portion of the refrigerant flow to bypass the evaporator expansion device and flow through the evaporator (Fig. 3, Col. 15-16, lines 63 and 9-15, In system 210 of FIG. 3 in cooling mode, charging cycle…The mainly gaseous refrigerant then flows through conduit 242, junction 240, conduit 234, and through valve 233 to conduit 231. From there it passes through junction 226 to conduit 224 and flows through first heat exchanger 230 (with fan 232 off such that heat losses are minimal). The mainly gaseous refrigerant then returns to compressor 212 by way of conduits 218 and 222).
Therefore, it would have been obvious before the effective filing date of the claimed invention to reprogram the controller of Ma as modified to control at least a portion of the refrigerant flow to bypass the evaporator expansion device and flow through the evaporator as taught by Rafalovich '898. One of ordinary skill in the art would have been motivated to make this modification systems of Rafalovich regulate refrigerant flow through the first and second heat exchangers to achieve energy savings (Rafalovich '898, Col. 4, lines 12-15).
Regarding claim 6, Ma as modified discloses the HVAC system of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein when in the discharge mode, the controller is programmed to control a portion of the refrigerant flow to bypass the TESD expansion device and flow through the TESD (Fig. 3; Pg. 2, paragraph 20, In one embodiment, the HVAC&R system 10 is also configured to operate in a "discharge" mode, wherein the phase change material 44 is generally converted from a solid to a liquid. In the discharge mode, valves 52 and 66 are closed and valve 58 is open. In addition, the blower 21 (see FIG. 1) positioned adjacent the condenser 20 is off, such that the superheated vaporized refrigerant R passes through the condenser 20 generally without experiencing a change in temperature and/or pressure. In the discharge mode, all of the superheated vapor refrigerant passes from the conduit 26 through the first TES inlet conduit 54. The heat exchanger 46 operates in a manner similar to a condenser such that heat from the refrigerant R transfers to the phase change material 44 in the storage tank 42. In one embodiment, the refrigerant R provided to the heat exchanger 46 generally has a temperature above the melting temperature of the phase change material 44. Cooled liquid refrigerant R from the outlet 50 of the heat exchanger 46 passes through the first TES outlet conduit 62 to the evaporator 32 to complete the vapor compression cycle within the HVAC&R system. In embodiments where the first TES outlet conduit includes a valve 68, valve 68 is generally open during the "discharge" mode). Further, the limitations of claim 6 are the result of the modification of references used in the rejection of claim 1 above.
Regarding claim 9, Ma as modified discloses the HVAC system of claim 1 (see combination of references used in the rejection of claim 1 above).
However, Ma as modified does not disclose wherein when in the discharge mode, the controller is programmed to control at least a portion of the refrigerant flow to bypass the TESD and the TESD expansion device.
Rafalovich teaches wherein when in the discharge mode, the controller is programmed to control at least a portion of the refrigerant flow to bypass the TESD and the TESD expansion device (Fig. 11; Pg. 7 lines 1-7, For operation of the embodiment of Fig. 11 in the conventional cycle, valves 1124 and 1128 are closed to flow, while valve 1126 is open. Refrigerant exiting compressor passes through outside coil 1114, valve 1126, metering device 1122, and inside coil 1116, thus bypassing thermal storage device 1118. It then returns to compressor 1112).
Therefore, it would have been obvious before the effective filing date of the claimed invention to reprogram the controller of Ma as modified wherein when in the discharge mode, the controller is programmed to control at least a portion of the refrigerant flow to bypass the TESD and the TESD expansion device as taught by Rafalovich. One of ordinary skill in the art would have been motivated to make this modification to allow for increased flexibility in system flow to allow for a variety of modes of operation.
Regarding claim 12, Ma as modified discloses the HVAC system of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the controller is programmed to control at least a portion of the refrigerant flow to bypass the evaporator expansion device and the evaporator and flow through the compressor, the condenser, and the TESD to charge the TESD (Ma, Fig. 3, Pg. 2, paragraph 19, The HVAC&R system may be configured to operate in a "charge" mode, such as during off-peak periods of electrical demand for example, wherein heat from the refrigerant R is used to convert the phase change material 44 generally from a liquid to a solid. In a "charge" mode, valves 52 and 58 are generally closed such that liquid refrigerant R passes from the outlet 24 of the condenser 20 to the inlet 48 of the heat exchanger 46, through the second TES inlet conduit 56. The heat exchanger 46 operates in a manner similar to an evaporator such that the cool, reduced pressure liquid and vapor refrigerant mixture from the expansion device 60 absorbs heat from the phase change material 44 in the tank 42. In one embodiment, the refrigerant R within the heat exchanger 46 during the charge mode generally has a temperature in the range of about 55 degrees Fahrenheit to about 75 degrees Fahrenheit. Because the refrigerant R vaporizes within the heat exchanger 46, valve 66 of conduit 64 is opened, so that the refrigerant R is configured to bypass the evaporator 32. In embodiments where the first TES outlet conduit includes a valve 68, valve 68 is generally closed during the "charge" mode). Further, the limitations of claim 12 are the result of the modification of references used in the rejection of claim 1 above.
Regarding claim 13, Ma as modified discloses the HVAC system of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the compressor, the condenser, the evaporator expansion device, the evaporator, and the TESD comprise a circuit in a multi-circuit HVAC system, a plurality of remaining circuits optionally comprising TESDs (See annotated Fig. 3 of Ma below, main circuit B, remaining circuit C).
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Regarding claim 14, Ma as modified discloses the HVAC system of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the controller is programmed to direct the refrigerant flow through the TESD and through the evaporator and control the evaporator expansion device and the TESD expansion device to charge the TESD and also vaporize the refrigerant flowing through the evaporator (Ma, Fig. 3; Pg. 2, paragraph 21, The system 10 illustrated in FIG. 3 may additionally 52 and include a "charge and cool" mode, where valves 66 are open and valves 58 and 68 are closed. A first portion of the cool liquid refrigerant R is configured to flow through the valve 58 in the conduit 26 to the expansion device 28. A second portion of the cool liquid refrigerant R is configured to flow through the expansion device 60 of the second TES inlet conduit 56 to the inlet 48 of the heat exchanger 46. The refrigerant R is configured to absorb heat from the phase change material 44 as it passes through the heat exchanger 46 such that the phase change material 44 transforms from a generally liquid state to a substantially solid state. The vaporized refrigerant R is provided to conduit 38, by way of the first TES outlet conduit 64, to be recirculated through the compressor 12). Further, the limitations of claim 14 are the result of the modification of references used in the rejection of claim 1 above.
Regarding claim 15, Ma as modified discloses the HVAC system of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the controller is programmed to control the TESD expansion device together with controlling the evaporator expansion device to control the charging of the TESD and vaporizing the refrigerant flowing through the evaporator (Ma, Fig. 3; Pg. 2, paragraph 21, The system 10 illustrated in FIG. 3 may additionally 52 and include a "charge and cool" mode, where valves 66 are open and valves 58 and 68 are closed. A first portion of the cool liquid refrigerant R is configured to flow through the valve 58 in the conduit 26 to the expansion device 28. A second portion of the cool liquid refrigerant R is configured to flow through the expansion device 60 of the second TES inlet conduit 56 to the inlet 48 of the heat exchanger 46. The refrigerant R is configured to absorb heat from the phase change material 44 as it passes through the heat exchanger 46 such that the phase change material 44 transforms from a generally liquid state to a substantially solid state. The vaporized refrigerant R is provided to conduit 38, by way of the first TES outlet conduit 64, to be recirculated through the compressor 12). Further, the limitations of claim 15 are the result of the modification of references used in the rejection of claim 1 above.
Regarding claim 18, Ma as modified discloses the HVAC system of claim 1 (see the combination of references used in the rejection of claim 1 above), wherein the controller is programmed to control the refrigerant flow based on at least one of a load on the HVAC system or surrounding environment (Ma, Pg. 2, paragraph 19, The HVAC&R system may be configured to operate in a "charge" mode, such as during off-peak periods of electrical demand for example, wherein heat from the refrigerant R is used to convert the phase change material 44 generally from a liquid to a solid). Further, the limitations of claim 15 are the result of the modification of references used in the rejection of claim 1 above.
Regarding claim 19, Ma discloses a control system for a heating, ventilation, and air-conditioning ("HVAC") system including a compressor, a condenser, and an evaporator to control temperature with a refrigerant, the HVAC system further including a thermal energy storage device (TESD) including a single flow path through a thermal energy storage media and positioned in line between the condenser and the evaporator, a TESD bypass flow path bypassing the TESD, a TESD expansion device upstream of the TESD, a TESD expansion device bypass flow path bypassing the TESD expansion device, an evaporator expansion device positioned downstream of the TESD and upstream of the evaporator, an evaporator expansion device bypass flow path positioned downstream of the TESD and bypassing the evaporator expansion device, and an evaporator bypass flow path bypassing the evaporator expansion device and the evaporator (Fig. 3, HVAC&R system 10, compressor 12, condenser 20, evaporator 32, thermal energy storage unit 40, heat exchanger 46; expansion device 60, TES inlet conduit 54, expansion device 28, conduit 64; See annotated Fig. 3 of Ma below, TESD bypass flow path A; Pg. 2, paragraph 17, HVAC&R system 10 such that refrigerant R is configured to flow through inlet 48; Pg. 2, paragraph 21, The system 10 illustrated in FIG. 3 may additionally 52 and include a "charge and cool" mode, where valves 66 are open and valves 58 and 68 are closed. A first portion of the cool liquid refrigerant R is configured to flow through the valve 58 in the conduit 26 to the expansion device 28. A second portion of the cool liquid refrigerant R is configured to flow through the expansion device 60 of the second TES inlet conduit 56 to the inlet 48 of the heat exchanger 46. The refrigerant R is configured to absorb heat from the phase change material 44 as it passes through the heat exchanger 46 such that the phase change material 44 transforms from a generally liquid state to a substantially solid state. The vaporized refrigerant R is provided to conduit 38, by way of the first TES outlet conduit 64, to be recirculated through the compressor 1 Fig. 3 of Ma depicts thermal energy storage unit 40 which includes heat exchanger 46 to be positioned in line between condenser 20 and evaporator 32; Fig. 3 of Ma depicts the expansion device 60 to be disposed upstream of the thermal energy storage unit 40; Fig. 3 of Ma depicts TES inlet conduit 54 to bypass the expansion device 60 and not include an expansion device; Fig. 3 of Ma depicts expansion device 28 to be positioned downstream of the thermal energy storage unit 40 and upstream of the evaporator 32; Fig. 3 of Ma depicts conduit 64 to be positioned downstream of the thermal energy storage unit 40 and bypassing expansion device 28), the control system configured to:
operate in a charging mode to flow at least a portion of the refrigerant through the TESD expansion device to expand the refrigerant and at least a portion of the refrigerant flow through the TESD to charge the TESD with thermal energy and cool the TESD to a temperature below the evaporation temperature (Fig. 3; Pg. 2, paragraph 21, The system 10 illustrated in FIG. 3 may additionally 52 and include a "charge and cool" mode, where valves 66 are open and valves 58 and 68 are closed. A first portion of the cool liquid refrigerant R is configured to flow through the valve 58 in the conduit 26 to the expansion device 28. A second portion of the cool liquid refrigerant R is configured to flow through the expansion device 60 of the second TES inlet conduit 56 to the inlet 48 of the heat exchanger 46. The refrigerant R is configured to absorb heat from the phase change material 44 as it passes through the heat exchanger 46 such that the phase change material 44 transforms from a generally liquid state to a substantially solid state. The vaporized refrigerant R is provided to conduit 38, by way of the first TES outlet conduit 64, to be recirculated through the compressor 12);
operate in a discharge mode to flow at least a portion of the refrigerant through the TESD to discharge the thermal energy from the charged TESD to lower an enthalpy of the, and at least a portion of the refrigerant from the TESD to flow through the evaporator so as to improve a performance of the HVAC system by improving evaporation by the evaporator (Fig. 3; Pg. 2, paragraph 20, In one embodiment, the HVAC&R system 10 is also configured to operate in a "discharge" mode, wherein the phase change material 44 is generally converted from a solid to a liquid. In the discharge mode, valves 52 and 66 are closed and valve 58 is open. In addition, the blower 21 (see FIG. 1) positioned adjacent the condenser 20 is off, such that the superheated vaporized refrigerant R passes through the condenser 20 generally without experiencing a change in temperature and/or pressure. In the discharge mode, all of the superheated vapor refrigerant passes from the conduit 26 through the first TES inlet conduit 54. The heat exchanger 46 operates in a manner similar to a condenser such that heat from the refrigerant R transfers to the phase change material 44 in the storage tank 42. In one embodiment, the refrigerant R provided to the heat exchanger 46 generally has a temperature above the melting temperature of the phase change material 44. Cooled liquid refrigerant R from the outlet 50 of the heat exchanger 46 passes through the first TES outlet conduit 62 to the evaporator 32 to complete the vapor compression cycle within the HVAC&R system. In embodiments where the first TES outlet conduit includes a valve 68, valve 68 is generally open during the "discharge" mode); and
flow at least some of the refrigerant through the TESD bypass flow path to bypass the TESD in the charging mode (Fig. 3; Pg. 2, paragraph 21, The system 10 illustrated in FIG. 3 may additionally 52 and include a "charge and cool" mode, where valves 66 are open and valves 58 and 68 are closed. A first portion of the cool liquid refrigerant R is configured to flow through the valve 58 in the conduit 26 to the expansion device 28. A second portion of the cool liquid refrigerant R is configured to flow through the expansion device 60 of the second TES inlet conduit 56 to the inlet 48 of the heat exchanger 46. The refrigerant R is configured to absorb heat from the phase change material 44 as it passes through the heat exchanger 46 such that the phase change material 44 transforms from a generally liquid state to a substantially solid state. The vaporized refrigerant R is provided to conduit 38, by way of the first TES outlet conduit 64, to be recirculated through the compressor 12),
wherein refrigerant flow through the TESD is configured such that the charging mode is distinct and separate from the discharge mode and the TESD is not in both modes at the same time (Pg. 2, paragraphs 20-21 of Ma describe distinct and separate operating modes for discharging and a charge and cool mode which are performed separately by opening and closing specific valves around the system).
However, Ma does not disclose an evaporator expansion device bypass flow path positioned downstream of the TESD and bypassing the evaporator expansion device while allowing flow through the evaporator; and
a control system comprising a controller programmed to perform discharging and charging functions of the system.
Rafalovich ‘898 teaches the evaporator expansion device bypass flow path positioned downstream of the TESD and bypassing the evaporator expansion device while allowing flow through the evaporator (Fig. 3, conduit 231, conduit 234, valve 233; Col. 15-16, lines 63 and 9-15, In system 210 of FIG. 3 in cooling mode, charging cycle…The mainly gaseous refrigerant then flows through conduit 242, junction 240, conduit 234, and through valve 233 to conduit 231. From there it passes through junction 226 to conduit 224 and flows through first heat exchanger 230 (with fan 232 off such that heat losses are minimal). The mainly gaseous refrigerant then returns to compressor 212 by way of conduits 218 and 222; Further, being that the system is in cooling mode during the charging cycle of Fig. 3, first heat exchanger would be acting as the evaporator); and
the control system comprising a controller programmed to perform discharging and charging functions of the system (Fig. 3, controller 274; Col. 9, lines 21-23, Here again. Controller 274 manipulates valves 216, 233, 252 appropriately as indicated by dashed lines 276, 278, 280).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the control system of Ma of claim 19 to include an evaporator expansion device bypass flow path positioned downstream of the TESD and bypassing the evaporator expansion device while allowing flow through the evaporator and control system comprising a controller programmed to perform discharging and charging functions of the system of Ma as taught by Rafalovich ‘898. One of ordinary skill in the art would have been motivated to make this modification to allow for increased flexibility in system flow to allow for a variety of modes of operation.
However, Ma as modified does not disclose the evaporator bypass flow path positioned downstream of the TESD bypass flow path.
Rafalovich teaches the evaporator bypass flow path positioned downstream of the TESD bypass flow path (See annotated Fig. 10 of Rafalovich below, evaporator bypass flow path D is positioned downstream of the TESD bypass flow path E and bypasses the metering valve 1022 and the indoor coil 1016; Pg. 62-63, lines 21-28 and 1-7; Air conditioning or refrigeration system 1010 can also be operated to store cooling capacity during off peak hours for on-peak recovery. For example, where the phase change material contained in thermal storage device 1018 is water, the water can be frozen and cooling capacity thus can be stored. In this cycle, referred to herein as a "charging cycle", valves 1024 and 1026 are closed, while valves 1028 and 1030 are open. Accordingly, refrigerant flows from compressor 1012 through outside coil 1014, metering device 1020 and thermal storage device 1018. Because valve 1028 is open, refrigerant bypasses metering device 1022. Because valve 1030 is open, refrigerant can flow through the second bypass line bypassing completely inside coil 1016 and returning directly to compressor 1012).
Ma as modified fails to teach the evaporator bypass flow path positioned downstream of the TESD bypass flow path, however Rafalovich teaches that it is a known method in the art of HVAC systems with thermal energy storage devices to include an evaporator bypass flow path positioned downstream of the TESD bypass flow path. This is strong evidence that modifying Ma as modified as claimed would produce predictable results (i.e. providing a variety of operating modes to improve overall system flexibility). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ma as modified by Rafalovich and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing a variety of operating modes to improve overall system flexibility.
Further, Ma as modified does not disclose the condenser to condense the refrigerant in the discharge mode, and
flow at least some of the refrigerant through the TESD bypass flow path to bypass the TESD in the discharge mode.
Parsonnet teaches the condenser to condense the refrigerant in the discharge mode (Fig. 5, parallel condenser discharge loop; Pg. 7, paragraph 25, In parallel condenser discharge mode, all basic air conditioning/refrigerant AC/R components are active including the compressor 110, condenser 112, evaporator expansion device 120, and the evaporator 114; Further, the teachings of Parsonnet having an active condenser during the discharge mode at least imply the condenser to condense the refrigerant in the discharge mode since it has been held in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (MPEP 2144.01)), and
flow at least some of the refrigerant through the TESD bypass flow path to bypass the TESD in the discharge mode (Fig. 5, parallel condenser discharge loop; Pg. 7, paragraph 25, In parallel condenser discharge mode, all basic air conditioning/refrigerant AC/R components are active including the compressor 110, condenser 112, evaporator expansion device 120, and the evaporator 114. In this mode, the compressor 110 is energized to compress cold, low pressure refrigerant gas to hot, high-pressure gas. This refrigerant passes through valve VI 122 where a portion of the hot, high-pressure gas is diverted by valve VI 122 to the storage module 116 and heat exchanger 170, which acts as a condenser where the hot vapor rejects heat to the storage media 160, reduces temperature, and condenses. This warm liquid refrigerant is then sent to the evaporator expansion device 120 via valve V5 130 where it is mixed with warm liquid refrigerant exiting the condenser 112 via valve V3 126. The mixed warm liquid refrigerant is then expanded with the evaporator expansion device 120 and evaporator 114 to provide load cooling/refrigeration and returns to compressor 110 through valves V6 132 and V7 134 to complete the refrigeration loop).
Therefore, it would have been obvious before the effective filing date of the claimed invention to reprogram the controller of Ma as modified to control the condenser to condense the refrigerant in the discharge mode and flow at least some of the refrigerant through the TESD bypass flow path to bypass the TESD in the discharge mode as taught by Parsonnet. One of ordinary skill in the art would have been motivated to make this modification to allow a greater amount of subcooling prior to the expansion process (Parsonnet, Pg. 7, paragraph 26).
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Regarding claim 21, Ma as modified discloses the control system of claim 19 (see the combination of references used in the rejection of claim 19 above), wherein when in the charging mode, the controller is programmed to control at least a portion of the refrigerant flow to bypass the TESD (Ma, Fig. 3; Pg. 2, paragraph 21, The system 10 illustrated in FIG. 3 may additionally 52 and include a "charge and cool" mode, where valves 66 are open and valves 58 and 68 are closed. A first portion of the cool liquid refrigerant R is configured to flow through the valve 58 in the conduit 26 to the expansion device 28. A second portion of the cool liquid refrigerant R is configured to flow through the expansion device 60 of the second TES inlet conduit 56 to the inlet 48 of the heat exchanger 46. The refrigerant R is configured to absorb heat from the phase change material 44 as it passes through the heat exchanger 46 such that the phase change material 44 transforms from a generally liquid state to a substantially solid state. The vaporized refrigerant R is provided to conduit 38, by way of the first TES outlet conduit 64, to be recirculated through the compressor 12). Further, the limitations of claim 21 are the result of the modification of references used in the rejection of claim 19 above.
Regarding claim 22, Ma as modified discloses the control system of claim 19 (see the combination of references used in the rejection of claim 19 above), wherein when in the discharge mode, the controller is programmed to control a portion of the refrigerant flow to bypass the TESD expansion device and flow through the TESD (Fig. 3; Pg. 2, paragraph 20, In one embodiment, the HVAC&R system 10 is also configured to operate in a "discharge" mode, wherein the phase change material 44 is generally converted from a solid to a liquid. In the discharge mode, valves 52 and 66 are closed and valve 58 is open. In addition, the blower 21 (see FIG. 1) positioned adjacent the condenser 20 is off, such that the superheated vaporized refrigerant R passes through the condenser 20 generally without experiencing a change in temperature and/or pressure. In the discharge mode, all of the superheated vapor refrigerant passes from the conduit 26 through the first TES inlet conduit 54. The heat exchanger 46 operates in a manner similar to a condenser such that heat from the refrigerant R transfers to the phase change material 44 in the storage tank 42. In one embodiment, the refrigerant R provided to the heat exchanger 46 generally has a temperature above the melting temperature of the phase change material 44. Cooled liquid refrigerant R from the outlet 50 of the heat exchanger 46 passes through the first TES outlet conduit 62 to the evaporator 32 to complete the vapor compression cycle within the HVAC&R system. In embodiments where the first TES outlet conduit includes a valve 68, valve 68 is generally open during the "discharge" mode). Further, the limitations of claim 22 are the result of the modification of references used in the rejection of claim 19 above.
Regarding claim 23, Ma as modified discloses the control system of claim 19 (see combination of references used in the rejection of claim 19 above).
However, Ma as modified does not disclose wherein when in the discharge mode, the controller is programmed to control at least a portion of the refrigerant flow to bypass the TESD and the TESD expansion device.
Rafalovich teaches wherein when in the discharge mode, the controller is programmed to control at least a portion of the refrigerant flow to bypass the TESD and the TESD expansion device (Fig. 11; Pg. 7 lines 1-7, For operation of the embodiment of Fig. 11 in the conventional cycle, valves 1124 and 1128 are closed to flow, while valve 1126 is open. Refrigerant exiting compressor passes through outside coil 1114, valve 1126, metering device 1122, and inside coil 1116, thus bypassing thermal storage device 1118. It then returns to compressor 1112).
Therefore, it would have been obvious before the effective filing date of the claimed invention to reprogram the controller of Ma as modified wherein when in the discharge mode, the controller is programmed to control at least a portion of the refrigerant flow to bypass the TESD and the TESD expansion device as taught by Rafalovich. One of ordinary skill in the art would have been motivated to make this modification to allow for increased flexibility in system flow to allow for a variety of modes of operation.
Regarding claim 26, Ma as modified discloses the control system of claim 19 (see the combination of references used in the rejection of claim 19 above), wherein when discharging the TESD, the controller is programmed to control at least a portion of the refrigerant flow to bypas