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 Arguments
Applicant's arguments filed 9/11/2025 have been fully considered, but they are not persuasive, except for the indicated claims, below.
The Office has addressed the material arguments below, excluding those based on purported allowability due to dependency on allowable claims.
Regarding claim 1, the Applicant’s representative argues that the combination of Hammond et al. (US 10,119,738) and Taras et al. (US 2018/0010829) would not be obvious to combine for a few reasons which the Office respectfully disagrees with.
First, Hammond’s heat exchanger (16, Load Coax, C4, L6-12) is contemplated to be an air refrigerant heat exchanger, so that argument is moot. See highlighted Text below:
Moreover, the refrigerant may transfer heat to a circulating working fluid which deposits heat in building B, or warmed working fluid may itself be deposited into building B directly, such as hot water being directed into a hot water heater for consumption in building B, direct refrigerant-to-air heat transfer (e.g., by blowing air over hot heat exchanger coils into building B), and the like.
Secondly, the concept of having a variable speed fan paired with an heat exchanger and variable speed compressor in a refrigerant circuit is not an outrageous combination, but deemed to be quite obvious. The Office has referenced Wiggs et al. (US 5,671,608) as additional prior art which discloses an identical invention without variable speed/ capacity heat pump compressor.
The Office does concede that there are differences in the prior art and the invention of the applicant, but states that these claims do not properly capture them due to their breadth.
Allowable Subject Matter
Claims 8-10 and 16-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of reference, alone or in combination, does not disclose the geothermal heat pump system with a fluid side economizer device wherein the working fluid side economizer device including a second heat exchanger and a three way valve.
Drawings
The drawings submitted 9/11/2025 are acceptable.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Hammond et al. (US 10,119,738) and Taras et al. (US 2018/0010829).
Regarding claim 1, Hammond (H) discloses a heat pump system, comprising: a compressor (12, Figure 1) coupled to a first variable speed motor (C6, L54-61); a first air to refrigerant heat exchanger (16,Load Coax, C4,L6-12); a coaxial geothermal heat exchanger (18, C1, L61-C2, L1) in fluid communication with a geothermal heat sink (18, S, C3, L33-42), the coaxial geothermal heat exchanger exchanging thermal energy with the heat sink via a working fluid comprising water, brine, and/or glycol (C5, L6-10); a fan (C4, L3-13).
Hammond does not disclose that the fan is coupled to a second variable speed motor; an expansion device; a refrigerant loop fluidly coupling the compressor, the geothermal heat exchanger, the expansion device, and the first heat exchanger; and a first controller configured to adjust a first speed of the first variable speed motor, a second speed of the second variable speed motor, and an operation of the expansion device based upon a thermal energy demand.
However, Taras (T) discloses a heat pump system, comprising: a compressor (102, [0023], Figure 1) coupled to a first variable speed motor; a first heat exchanger (110); a second (equivalent toa geothermal heat exchanger) heat exchanger (106, [0024], i.e., source); a fan (120) coupled to a second variable speed motor (121); an expansion device (108); a refrigerant loop (112, [0022]) fluidly coupling the compressor, the second heat exchanger, the expansion device, and the first heat exchanger; and a first controller (132), configured to adjust a first speed of the first variable speed motor, a second speed of the second variable speed motor, and an operation of the expansion device based upon a thermal energy demand ([0041]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to provide control both the compressor’s speed as well as the fan’s speed in order to more efficiently operate the heat pump system by balancing the energy source with the energy demand.
Regarding claim 21, Hammond (H), as modified, discloses the heat pump system of claim1, wherein the thermal energy demand comprises a thermal energy demand of an interior space of a building (H-B, C 4, L3-12).
Claims 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Hammond et al. (US 10,119,738), Taras et al. (US 2018/0010829), and Wallace (US 2019/0277523).
Regarding claim 2, Hammond (H), as modified, discloses the heat pump system of claim 1, but does not disclose that the invention further comprises: an energy recovery ventilator in fluid communication with an air inlet of the first heat exchanger, the energy recovery ventilator comprising: a first energy recovery fan; optionally, a second energy recovery fan; an energy exchange device operable to exchange thermal energy from an exhaust stream returned from an interior space of a building with a fresh air stream from an external environment, the fresh air stream supplying air to the air inlet of the first heat exchanger; and a second controller configured to operate the first energy recovery fan and the second energy recovery fan based upon a control signal received from the first controller.
However, Wallace (W) discloses a hydronic system (Abstract), with an energy recovery ventilator (32, Figure 1) in fluid communication with an air inlet (28)of the first heat exchanger (42), the energy recovery ventilator comprising: a first energy recovery fan (34); optionally, a second energy recovery fan (30); a (sic) energy exchange device (32, [(0075]) operable to exchange thermal energy from an exhaust stream returned from an interior space of a building with a fresh air stream from an external environment, the fresh air stream supplying air to the air inlet of the first heat exchanger; and a second controller configured to operate the first energy recovery fan and the second energy recovery fan based upon a control signal received from the first controller. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to provide a heat recovery device to increase the system’s thermal efficiency.
Regarding claim 4, Hammond (H), as modified, discloses the heat pump system of claim 2, wherein the first controller transmits the control signal to the second controller to operate the first energy recovery fan and the second energy recovery fan based upon the thermal energy demand ([0075]), and wherein the first controller further adjusts the first speed of the first variable speed motor and the second speed of the second variable speed motor based upon the operation of the first energy recovery fan and the second energy recovery fan (T-[0023,0031,0041]). As a clarification, because Tara takes in a multitude number of factors in maximizing the system’s efficiency.
Claims 5-7 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hammond et al. (US 10,119,738), Taras et al. (US 2018/0010829), Wallace (US 2019/0277523), and Vandermeulen (US 2018/0328602).
Regarding claim 5, Hammond (H), as modified, discloses the heat pump system of claim 1, but does not disclose dehumidification device, wherein the dehumidification device includes a second heat exchanger and a three way valve both fluidly coupled to the refrigerant loop, wherein the first controller is further configured to operate the three way valve based upon a humidity measurement.
However, Vandermeulen (V) discloses a heat pump system (Abstract) further comprising a dehumidification device ([0044]), the dehumidification device including a second heat exchanger (622, Figure 6A) and a three way valve (621-A) both fluidly coupled to the refrigerant loop, wherein the first controller is further configured to operate the three way valve based upon a humidity measurement ([0049], Claim 17). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to modify the heat pump system of Taras to have a dehumidification device to improve the comfort of the heating system by providing heated air that is not too humid.
Regarding claim 6, Hammond (H), as modified, discloses the heat pump system of claim 5, wherein the second heat exchanger (622, Figure 6-A) of the dehumidification device is position after the first heat exchanger (614, [0011]) in the air stream supplying the interior space of the building with air.
Regarding claim 7, Hammond (H), as modified, discloses the heat pump system of claim 5, wherein the first controller is further configured to adjust the first speed of the first variable speed motor and the second speed of the second variable speed motor (T- [0041]) based upon the operation of the three way valve (621-A, Claim 17).
Regarding claim 14, Hammond (H), as modified, discloses the heat pump system of claim 4, but does not disclose dehumidification device, wherein the dehumidification device includes a second heat exchanger and a three way valve both fluidly coupled to the refrigerant loop, wherein the first controller is further configured to operate the three way valve based upon a humidity measurement.
However, Vandermeulen (V) discloses a heat pump system (Abstract) further comprising a dehumidification device ([0044]), the dehumidification device including a second heat exchanger (622, Figure 6A) and a three way valve (621-A) both fluidly coupled to the refrigerant loop, wherein the first controller is further configured to operate the three way valve based upon a humidity measurement ([0049], Claim 17). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to modify the heat pump system of Taras to have a dehumidification device to improve the comfort of the heating system by providing heated air that is not too humid.
Regarding claim 15, Hammond (H), as modified, discloses the heat pump system of claim 14, wherein the first controller is further configured to adjust the first speed of the first variable speed motor and the second speed of the second variable speed motor (T- [0041]) based upon the operation of the three way valve (621-A, Claim 17).
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Hammond et al. (US 10,119,738), Taras et al. (US 2018/0010829), Wallace (US 2019/0277523), and Gilson (US 4,404,815).
Regarding claim 11, Hammond (H), as modified, discloses the heat pump system of claim 1, but not that it further comprises an air side economizer device, the air side economizer device including a first damper within a first duct and a second damper within a second duct, the first damper controlling a flow of an exhaust stream through the first duct returned from an interior space of a building and the second damper controlling a flow of a fresh air stream through the second duct from an external environment, and wherein the first controller is further configured to operate the first damper and the second damper based upon the thermal energy demand.
However, Gilson(G) discloses an air side economizer device (40, Figure 2, C3,L42-53), the air side economizer device including a first damper (28) within a first duct (Return Air) and a second damper (43) within a second duct (Return air (Surrounding 45), the first damper controlling a flow of an exhaust stream through the first duct returned from an interior space of a building and the second damper controlling a flow of a fresh air stream through the second duct from an external environment, and wherein the first controller (330) is further configured to operate the first damper and the second damper based upon the thermal energy demand (C5,L55-C6,L6). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to modify the heat pump system with dampers to improve the system’s efficiency.
Regarding claim 12, Hammond (H), as modified, discloses the heat pump system of claim 11, wherein the air side economizer device (22) is position before the first heat exchanger in an air stream (Ambient Air, Figure 2) supplying the interior space of the building with air (C3, L32-41).
Regarding claim 13, Hammond (H), as modified, discloses the heat pump system of claim 11, wherein the first controller is further configured to adjust the first speed of the first variable speed motor and the second speed of the second variable speed motor based upon the operation of the first damper and the second damper (C5, L46-C6, L39).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wiggs et al. (US 5,671,608), as explained in arguments above.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN E BARGERO whose telephone number is (571) 270-1770. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steve McAllister can be reached at (571) 272-6785. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN E BARGERO/Examiner, Art Unit 3762
/STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762