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 05/12/2025 have been fully considered but they are not persuasive. Regarding claims 1 and 7, applicant argues “Ellis does not disclose that the heat transfer occurring in the second heat exchanger 20 controls the temperature of the building S. In the present application, a second water supply flows through the third inlet (32) and out the third outlet (38) while the first water supply from the second outlet (18) flows through the fourth inlet (36) and out the fourth outlet (34) to transfer heat energy between the second water supply and the first water supply and control the temperature of the building (70). Thus, the second heat exchanger (30) is used to control the temperature of the building (70). This is not the case in Ellis. In Ellis, the flow of refrigerant and domestic water through heat exchanger 20 does not control the temperature of building S, but rather the temperature of the domestic water. Ellis specifically discloses that heat exchanger 20 is arranged to heat the domestic water supply and not building S”. However, the claim recites “at least one valve and at least one pump for selectively delivering a first circuit for cooling the temperature of the building, wherein the waste water is cooler than the first water supply for cooling the first water supply through the first heat exchanger, and for further cooling the first water supply through the second heat exchanger so as to cool the building”, thus the claim requires the second heat exchanger to cool the first water supply, as taught by Ellis, which in turn is provided to cool the building space S via heat exchanger 30. Regarding claims 1, 7 and 12, applicant also argues “a person having skill in the art would not modify Ellis with the teachings of Tomczyk. The Examiner believes that since Tomczyk teaches the use of water as a refrigerant, it would have been obvious to a person having skill in the art at the time of invention to substitute the refrigerant in Ellis for water. However, Applicant respectfully disagrees. While Tomczyk teaches the use of water as a refrigerant, Tomczyk expressly discloses that the use of water as a refrigerant is disadvantageous in vapor compression systems. Tomczyk specifically discloses: ‘Another disadvantage [of water] occurs when water is the refrigerant in a vapor compression system. Here, the water vapor has very high specific volumes at lower temperatures, which causes high pressure ratios across the compressor and high compressor outlet temperatures. This leads to system inefficiencies and larger compressors’. Tomczyk, paragraph [0004]. Thus, Tomczyk teaches away from the use of water as a refrigerant in vapor compression systems”. However, while Tomczyk discloses disadvantages of water as a refrigerant, it also discloses its benefits later in [0004]: “Because of this, special compressors must be designed and manufactured for water vapor compression applications. However, water does have a very high coefficient of performance when used in a vapor compression system”, in addition to the benefits disclosed in [0002] of Tomczyk. Thus, one of ordinary skill in the art seeking a high coefficient of performance in the system would recognize the benefits of water as disclosed in Tomczyk, and find sufficient motivation to make this modification. Regarding claims 1, 7 and 17, applicant also argues “Melink does not disclose a diverter valve for diverting said domestic water to said second heat exchanger. As shown in Figure 2, Melink discloses a closed system in which transfer fluid 28 travels between ground loop 12 and building 22. Melink only discloses one fluid, namely, transfer fluid 28. The Examiner believes that Melink discloses valve 34 for diverting domestic water to said heat exchanger. However, Applicant respectfully asserts that this is an incorrect interpretation. In the present application, there are three fluid sources: 1) the first water supply, for example from the building (70), 2) waste water 20, and 3) the second water supply, for example, the domestic water supply (40). The diverter valve (4) diverts the second water supply to the second heat exchanger (30) to undergo thermal treatment with the first water supply. Melink does not disclose a diverter valve that directs another fluid source to a heat exchanger, but rather Melink discloses bypass valve 34 that is opened/closed based to regulate the temperature of the single fluid, i.e., transfer fluid 28 within system 10… if Ellis is modified to include the bypass valve 34 of Melink, such modification would not produce a system that selectively diverts a second water supply to second heat exchanger 20, 40. Rather, such modification would divert refrigerant in the closed loop system of Ellis based on its temperature”. However, since the arrangement of Melink is only applied to the domestic water of water supply heat exchanger 20 of Ellis, Melink does not need to teach the claimed waste water the first water supply, as these are already disclosed by Ellis. Thus, Melink teaches a diverter valve (bypass valve 34) that directs another fluid (as applied to domestic water of water supply heat exchanger 20 of Ellis) source to a heat exchanger (directs to heat exchanger when bypass valve 34 is closed). When this system of Melink is applied to the domestic water of water supply heat exchanger 20, the domestic water of water supply heat exchanger 20 would be selectively diverted to second heat exchanger 20.
Regarding claim 12, applicant argues “Ellis does not disclose a heat pump fluidly arranged between the building and the first heat exchanger. In the present application, and as is clearly shown in the figures, the heat pump (50) is fluidly arranged between the building (70) and the first heat exchanger (10). In Ellis, heat exchanger 30 is arranged inside the building or space S. Therefore, since Ellis discloses that heat exchanger 30 is arranged inside the building S, heat exchanger 30 is not arranged fluidly between building S and heat exchanger 22 as required by claim 12 of the present application”. However, as shown on fig. 1, the flow of refrigerant of circuit 10 flows from heat exchanger 22 to space heat exchanger 30. As shown by the arrows of space heat exchanger 30 on fig. 1, the space heat exchanger 30 then exchanges fluid with space S of the building. Thus, Ellis discloses a heat pump fluidly arranged between the building and the first heat exchanger. Applicant also argues “Ellis does not disclose a heat pump fluidly arranged between the building and the second heat exchanger. In the present application, and as is clearly shown in the figures, the heat pump (50) is fluidly arranged between the building (70) and the second heat exchanger (30). In Ellis, heat exchanger 30 is arranged inside the building or space S. Therefore, since Ellis discloses that heat exchanger 30 is arranged inside the building S, heat exchanger 30 is not arranged fluidly between building S and heat exchanger 20/40 as required by claim 12 of the present application”. However, as shown on fig. 1, the flow of refrigerant of circuit 10 flows from heat exchanger 40 to space heat exchanger 30. As shown by the arrows of space heat exchanger 30 on fig. 1, the space heat exchanger 30 then exchanges fluid with space S of the building. Thus, Ellis discloses a heat pump fluidly arranged between the building and the second heat exchanger.
Terminal Disclaimer
The terminal disclaimer filed on 05/12/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 11,493,276 has been reviewed and is NOT accepted. The terminal disclaimer is disapproved because the signing attorney does not have the power to sign the Terminal Disclaimer. A proper Power of Attorney is required by the applicant, as the Power of Attorney filed 10/5/2022 is not by the applicant on the ADS form.
It should be noted that applicant is not required to pay another disclaimer fee as set forth in 37 CFR 1.20(d) when submitting a replacement or supplemental terminal disclaimer.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 11493276. Although the claims at issue are not identical, they are not patentably distinct from each other because the different terminology used relates to identical structure. The instant application claims a “a second heat exchanger, including: a third inlet; a fourth inlet; a third outlet; and a fourth outlet” and U.S. Patent No. 11493276 claims “a second heat exchanger including a first and second inlet and a first and second outlet”, wherein the claimed a third inlet relates to the first inlet, the claimed fourth inlet relates to the second inlet, the claimed third outlet relates to the first outlet, and the claimed fourth outlet relates to the second outlet. Additionally, the instant application claims a “a second water supply” and U.S. Patent No. 11493276 claims “domestic water”, wherein the domestic water anticipates the claimed second water supply.
U.S. Patent No. 11493276
Instant Application
Claim 1. A heat exchange system for transferring heat energy to control the temperature of a building, comprising:
Claim 1. A heat exchange system for transferring heat energy to control the temperature of a building, comprising:
a first heat exchanger including a first and second inlet and a first and second outlet
a first heat exchanger, including: a first inlet; a second inlet; a first outlet; and a second outlet
wherein waste water flows through said first inlet of said first heat exchanger and out said first outlet while a water supply flows through said second inlet through said first heat exchanger and out said second outlet so as to transfer heat energy between said waste water and said water supply;
wherein waste water flows through the first inlet and out the first outlet while a first water supply flows through the second inlet and out the second outlet so as to transfer heat energy between the waste water and the first water supply;
a second heat exchanger including a first and second inlet and a first and second outlet
a second heat exchanger, including: a third inlet; a fourth inlet; a third outlet; and a fourth outlet,
wherein domestic water flows through said first inlet, through said second heat exchanger and out said first outlet while said water supply from said second outlet of said first heat exchanger flows through said second inlet, through said second heat exchanger and out said second outlet so as to further transfer heat energy between said domestic water and said water supply from said second outlet of said second heat exchanger and control the temperature of said building;
wherein a second water supply flows through the third inlet and out the third outlet while the first water supply from the second outlet flows through the fourth inlet and out the fourth outlet so as to further transfer heat energy between the second water supply and the first water supply from the second outlet and control the temperature of the building;
a diverter valve for diverting said domestic water to said second heat exchanger;
a diverter valve for diverting the second water supply to the second heat exchanger;
and, a valve means and a pump means for selectively delivering a first circuit for cooling the temperature of said building, wherein the temperature of said waste water is cooler than said water supply for cooling said water supply through said first heat exchanger, and for further cooling said water supply through said second heat exchanger so as to cool said building.
and at least one valve and at least one pump for selectively delivering a first circuit for cooling the temperature of the building, wherein the waste water is cooler than the first water supply for cooling the first water supply through the first heat exchanger, and for further cooling the first water supply through the second heat exchanger so as to cool the building.
Claim 2. The heat exchange system as recited in claim 1, wherein said valve means and said pump means selectively deliver at least a second circuit for heating the temperature of said building wherein the temperature of said waste water is warmer than said water supply for heating said water supply through said first heat exchanger and said second heat exchanger is bypassed so as to heat said building.
Claim 2. The heat exchange system as recited in claim 1, wherein: the at least one valve and the at least one pump selectively deliver at least a second circuit for heating the temperature of the building; and the waste water is warmer than the first water supply for heating the first water supply through the first heat exchanger and the second heat exchanger is bypassed so as to heat the building.
Claim 3. The heat exchange system as recited in claim 1, wherein said second heat exchanger comprises a plate frame heat exchanger.
Claim 3. The heat exchange system as recited in claim 1, wherein the second heat exchanger comprises a plate frame heat exchanger.
Claim 4. The heat exchange system as recited in claim 1, further comprising a temperature sensor for controlling the temperature of said domestic water supplied to said building,
Claim 4. The heat exchange system as recited in claim 1, further comprising a temperature sensor for controlling the temperature of the second water supply supplied to the building.
wherein said diverter valve is operatively arranged to selectively divert the domestic water to the second heat exchanger.
Claim 5. The heat exchange system as recited in claim 1, wherein the diverter valve is operatively arranged to selectively divert the second water supply supplied from a second water supply source to one of the second heat exchanger and the building.
Claim 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 of U.S. Patent No. 11493276. Although the claims at issue are not identical, they are not patentably distinct from each other because the different terminology used relates to identical structure. The instant application claims a “a second heat exchanger, including: a third inlet; a fourth inlet; a third outlet; and a fourth outlet” and U.S. Patent No. 11493276 claims “a second heat exchanger including a first and second inlet and a first and second outlet”, wherein the claimed a third inlet relates to the first inlet, the claimed fourth inlet relates to the second inlet, the claimed third outlet relates to the first outlet, and the claimed fourth outlet relates to the second outlet. Additionally, the instant application claims a “a second water supply” and U.S. Patent No. 11493276 claims “domestic water”, wherein the domestic water anticipates the claimed second water supply.
U.S. Patent No. 11493276
Instant Application
Claim 1. A heat exchange system for transferring heat energy to control the temperature of a building, comprising:
Claim 7. A heat exchange system for transferring heat energy to control the temperature of a building, comprising:
a first heat exchanger including a first and second inlet and a first and second outlet
a first heat exchanger, including: a first inlet; a second inlet; a first outlet; and a second outlet
wherein waste water flows through said first inlet of said first heat exchanger and out said first outlet while a water supply flows through said second inlet through said first heat exchanger and out said second outlet so as to transfer heat energy between said waste water and said water supply;
wherein waste water flows through the first inlet and out the first outlet while a first water supply flows through the second inlet and out the second outlet so as to transfer heat energy between the waste water and the first water supply;
a second heat exchanger including a first and second inlet and a first and second outlet
a second heat exchanger, including: a third inlet; a fourth inlet; a third outlet; and a fourth outlet,
wherein domestic water flows through said first inlet, through said second heat exchanger and out said first outlet while said water supply from said second outlet of said first heat exchanger flows through said second inlet, through said second heat exchanger and out said second outlet so as to further transfer heat energy between said domestic water and said water supply from said second outlet of said second heat exchanger and control the temperature of said building;
wherein a second water supply flows through the third inlet and out the third outlet while the first water supply from the second outlet flows through the fourth inlet and out the fourth outlet so as to further transfer heat energy between the second water supply and the water supply from the second outlet and control the temperature of the building;
a diverter valve for diverting said domestic water to said second heat exchanger;
a diverter valve for diverting the second water supply to the second heat exchanger;
Claim 2. wherein: the at least one valve and the at least one pump selectively deliver at least a second circuit for heating the temperature of the building; and the waste water is warmer than the first water supply for heating the first water supply through the first heat exchanger and the second heat exchanger is bypassed so as to heat the building.
and at least one valve and at least one pump for selectively delivering a circuit for heating the temperature of the building, wherein the waste water is warmer than the first water supply for heating the first water supply through the first heat exchanger and the second heat exchanger is bypassed so as to heat the building.
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.
Claim(s) 12-16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ellis (US 20140123689 A1) in view of Tomczyk (https://www.achrnews.com/articles/133119-the-professor-dont-forget-about-water-as-a-refrigerant) and Moure (US 20120159980 A1).
Regarding claim 12, Ellis teaches
a heat exchange system (circuit 10, fig. 1-4) for transferring heat energy to control the temperature of a building ([0009]), comprising:
a first heat exchanger (source heat exchanger 22) for transferring thermal energy between waste water and a first water supply (between refrigerant of circuit 10 and a water source; does not explicitly teach refrigerant as a first water supply or the water source as waste water);
a second heat exchanger (water supply heat exchanger 20 and desuperheater 40) connected to the first heat exchanger for transferring heat energy between the thermally treated first water supply and a second water supply (“The plurality of heat exchangers includes a first heat exchanger 20 fluidly connectable to the structure's domestic water supply. The water supply heat exchanger 20 is operable as a condenser to heat the water supply. In most instances, the water supply heat exchanger will be a refrigerant-to-water heat exchanger”) [0012]; and
a heat pump (source heat exchanger 30):
operatively arranged to supply the first water supply to the first heat exchanger (via conduit 80 as shown on fig. 2);
fluidly arranged between the building and the first heat exchanger (source heat exchanger 30 located within structure “S”, thus fluidly between structure “S” and source heat exchanger 22; as shown on fig. 1, the flow of refrigerant of circuit 10 flows from heat exchanger 22 to space heat exchanger 30, and as shown by the arrows of space heat exchanger 30 on fig. 1, the space heat exchanger 30 then exchanges fluid with space S of the building, thus, Ellis discloses a heat pump fluidly arranged between the building and the first heat exchanger); and
fluidly arranged between the building and the second heat exchanger (source heat exchanger 30 located within structure “S”, thus fluidly between structure “S” and water supply heat exchanger 20 and desuperheater 40; as shown on fig. 1, the flow of refrigerant of circuit 10 flows from heat exchanger 40 to space heat exchanger 30, and as shown by the arrows of space heat exchanger 30 on fig. 1, the space heat exchanger 30 then exchanges fluid with space S of the building, thus, Ellis discloses a heat pump fluidly arranged between the building and the second heat exchanger)
Ellis does not teach
a first heat exchanger for transferring thermal energy between waste water and a first water supply
Tomczyk teaches
wherein refrigerant is a first water supply (second paragraph)
It would have been obvious to a person skilled in the art at the time the invention was filed to modify the heat exchange system of Ellis to include the above claim limitations in view of the teachings of Tomczyk (in the field of refrigerants) because water is environmentally safe, nontoxic, nonflammable, nonexplosive, available almost anywhere, very inexpensive, and has a very high latent heat of vaporization (Tomczyk, second para.).
Moure teaches
wherein the source water is waste water ([0025] of Moure; fig. 1, wastewater E)
It would have been obvious to a person skilled in the art at the time the invention was filed to modify the heat exchange system of the Ellis to include the above claim limitations in view of the teachings of Moure (in the field of heat recovery devices) to allow efficient heat recovery without perturbing the flow of waste water ([0004] of Moure).
Regarding claim 13, Ellis, as modified, teaches the heat exchange system as recited in claim 12,
wherein the heat pump supplies the first water supply to the first heat exchanger from the building (via conduit 80 as shown on fig. 2)
Regarding claim 14, Ellis, as modified, teaches the heat exchange system as recited in claim 12,
wherein the heat pump supplies the thermally treated first water supply from the first heat exchanger to the building (via conduit 80 as shown on fig. 1)
Regarding claim 15, Ellis, as modified, teaches the heat exchange system as recited in claim 12,
wherein the heat pump supplies the supplemented thermally treated first water supply from the second heat exchanger to the building (via conduit 72 as shown on fig. 2)
Regarding claim 16, Ellis, as modified, teaches the heat exchange system as recited in claim 12,
wherein the heat pump supplies:
the thermally treated first water supply from the first heat exchanger to the building; and the supplemented thermally treated first water supply from the second heat exchanger to the building (process as shown on fig. 2 supplies refrigerant via conduit 72 to space “S” after flowing through source heat exchanger 22 and desuperheater 40)
Regarding claim 20, Ellis, as modified, teaches the heat exchange system as recited in claim 12,
wherein the waste water is supplied to the first heat exchanger from a sewer line (as modified by Moure, source water line on fig. 1-4 of Ellis would comprise a sewage line to supply source heat exchanger 22 inlet with waste water)
Claim(s) 1-2, 4-7, 9-11, and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ellis (US20140123689A1) in view of Tomczyk (https://www.achrnews.com/articles/133119-the-professor-dont-forget-about-water-as-a-refrigerant), Moure (US20120159980A1), and Melink (US20120318491A1).
Regarding claim 1, Ellis teaches
A heat exchange system (circuit 10, fig. 1-4) for transferring heat energy to control the temperature of a building ([0009]), comprising:
a first heat exchanger (source heat exchanger 22), including:
a first inlet (line entering source heat exchanger 22 from source);
a second inlet (line entering source heat exchanger 22 from conduit 80);
a first outlet (line exiting source heat exchanger 22 from source); and
a second outlet (line exiting source heat exchanger 22 to conduit 74), wherein waste water flows through the first inlet and out the first outlet (source water, fig. 1-4; not explicitly taught to be waste water) while a first water supply flows through the second inlet and out the second outlet so as to transfer heat energy between the waste water and the first water supply (between refrigerant of circuit 10 and a water source; does not explicitly teach refrigerant as a first water supply);
a second heat exchanger (water supply heat exchanger 20 and desuperheater 40), including:
a third inlet (domestic water line entering water supply heat exchanger 20 and desuperheater 40);
a fourth inlet (lines entering water supply heat exchanger 20 and desuperheater 40 from conduits 50 and 46);
a third outlet (domestic water line exiting water supply heat exchanger 20 and desuperheater 40); and
a fourth outlet (lines exiting water supply heat exchanger 20 and desuperheater 40 to conduits 14 and 54), wherein a second water supply flows through the third inlet and out the third outlet (domestic water, fig. 1-4) while the first water supply from the second outlet flows through the fourth inlet and out the fourth outlet so as to further transfer heat energy between the second water supply and the first water supply from the second outlet (“The plurality of heat exchangers includes a first heat exchanger 20 fluidly connectable to the structure's domestic water supply. The water supply heat exchanger 20 is operable as a condenser to heat the water supply. In most instances, the water supply heat exchanger will be a refrigerant-to-water heat exchanger” [0012]; “A desuperheater 40 may be included in the circuit 10 . The desuperheater 40 is fluidly connectable to the domestic water supply and may be a refrigerant-to-water heat exchanger” [0018]) and control the temperature of the building (“a third heat exchanger 30 fluidly connected to the space in the structure “S” to heat and cool the space”) [0016];
at least one valve (valve 48) and at least one pump (compressor 12) for selectively delivering a first circuit for cooling the temperature of the building (heat pump of fig. 1; “FIG. 1 is a schematic diagram of an integrated heat pump and water heating circuit constructed in accordance with a first preferred embodiment of the present invention. The bolded line illustrates the refrigerant flow path when the system is operating in a first space cooling only mode” [0004]), wherein the waste water is cooler than the first water supply for cooling the first water supply through the first heat exchanger (“The source heat exchanger 22 is operable alternately as an evaporator and a condenser to selectively reject heat to or absorb heat from the source” [0013]; in the cooling circuit of fig. 1, source heat exchanger 22 would operate as a condenser to reject heat to the water source; refrigerant rejecting heat is thus warmer than the water source, according to Newton’s law of cooling) [0027], and for further cooling the first water supply through the second heat exchanger so as to cool the building (“Refrigerant fluid leaving the compressor outlet 18 through the discharge line 46 passes through the desuperheater 40, where heat can be rejected to the domestic water”) [0023]
Ellis does not teach
so as to transfer heat energy between the waste water and the first water supply
a diverter valve for diverting the second water supply to the second heat exchanger
Tomczyk teaches
wherein refrigerant is a first water supply (second paragraph)
It would have been obvious to a person skilled in the art at the time the invention was filed to modify the heat exchange system of Ellis to include the above claim limitations in view of the teachings of Tomczyk (in the field of refrigerants) because water is environmentally safe, nontoxic, nonflammable, nonexplosive, available almost anywhere, very inexpensive, and has a very high latent heat of vaporization (Tomczyk, second para.).
Moure teaches
wherein the source water is waste water ([0025] of Moure; fig. 1, wastewater E)
It would have been obvious to a person skilled in the art at the time the invention was filed to modify the heat exchange system of the Ellis to include the above claim limitations in view of the teachings of Moure (in the field of heat recovery devices) to allow efficient heat recovery without perturbing the flow of waste water ([0004] of Moure).
Melink teaches
a diverter valve (valve 34) for diverting the second water supply to the second heat exchanger (valve 34 in a closed state prevents transfer fluid 28 from accessing bypass 30, thus is directed to heat exchange units 24)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the domestic water of water supply heat exchanger 20 of Ellis with the ground loop 12 of Melink, including the temperature sensors 46, 48, and 50 in order to allow for monitor and control of the domestic water temperature via a ground exchange system, to ensure the refrigerant of Ellis exchanges heat with domestic water of desired temperature.
Regarding claim 2, Ellis, as modified, teaches the heat exchange system as recited in claim 1, wherein:
the at least one valve and the at least one pump selectively deliver at least a second circuit for heating the temperature of the building (heat pump of fig. 2; “FIG. 2 is a schematic diagram of the circuit of FIG. 1 illustrating the refrigerant flow path when the system is operating in a second space heating only mode” [0005]); and
the waste water is warmer than the first water supply for heating the first water supply through the first heat exchanger (“Expanded low-pressure refrigerant is metered into the source heat exchanger 22, which in this mode is operating as an evaporator, absorbing heat”; refrigerant absorbing heat is thus cooler than the heat source, according to Newton’s law of cooling) [0027] and the second heat exchanger is bypassed so as to heat the building (as shown on fig. 2, water supply heat exchanger 20 is bypassed in the heating circuit)
Regarding claim 4, Ellis, as modified, teaches the heat exchange system as recited in claim 1, further comprising
a temperature sensor for controlling the temperature of the second water supply supplied to the building (third temperature sensor 50 as shown on fig. 2 of Melink)
Regarding claim 5, Ellis, as modified, teaches the heat exchange system as recited in claim 1,
wherein the diverter valve is operatively arranged to selectively divert the second water supply supplied from a second water supply source (supplied from ground loop 12) to one of the second heat exchanger (valve 34 of Melink in a closed state prevents transfer fluid 28 from accessing bypass 30, thus is directed to heat exchange units 24) and the building
Regarding claim 6, Ellis, as modified, teaches the heat exchange system as recited in claim 1,
wherein the at least one pump is fluidly arranged between the building and at least one of the first heat exchanger and the second heat exchanger (in flow direction of circuit 10 in heating mode of fig. 3, compressor 12 between structure “S” and water supply heat exchanger 20)
Regarding claim 7, Ellis teaches
a heat exchange system (circuit 10, fig. 1-4) for transferring heat energy to control the temperature of a building ([0009]), comprising:
a first heat exchanger (source heat exchanger 22), including:
a first inlet (line entering source heat exchanger 22 from source);
a second inlet (line entering source heat exchanger 22 from conduit 80);
a first outlet (line exiting source heat exchanger 22 from source); and
a second outlet (line exiting source heat exchanger 22 to conduit 74), wherein waste water flows through the first inlet and out the first outlet (source water, fig. 1-4; not explicitly taught to be waste water) while a first water supply flows through the second inlet and out the second outlet so as to transfer heat energy between the waste water and the first water supply (between refrigerant of circuit 10 and a water source; does not explicitly teach refrigerant as a first water supply);
a second heat exchanger (water supply heat exchanger 20), including:
a third inlet (domestic water line entering water supply heat exchanger 20);
a fourth inlet (line entering water supply heat exchanger 20 from conduit 14);
a third outlet (domestic water line exiting water supply heat exchanger 20); and
a fourth outlet (line exiting water supply heat exchanger 20 to conduit 50), wherein a second water supply flows through the third inlet and out the third outlet (domestic water, fig. 1-4) while the first water supply from the second outlet flows through the fourth inlet and out the fourth outlet so as to further transfer heat energy between the second water supply and the water supply from the second outlet (“The plurality of heat exchangers includes a first heat exchanger 20 fluidly connectable to the structure's domestic water supply. The water supply heat exchanger 20 is operable as a condenser to heat the water supply. In most instances, the water supply heat exchanger will be a refrigerant-to-water heat exchanger”) [0012] and control the temperature of the building (“a third heat exchanger 30 fluidly connected to the space in the structure “S” to heat and cool the space”) [0016];
at least one valve (valve 48) and at least one pump (compressor 12) for selectively delivering a circuit for heating the temperature of the building (heat pump of fig. 2; “FIG. 2 is a schematic diagram of the circuit of FIG. 1 illustrating the refrigerant flow path when the system is operating in a second space heating only mode” [0005]), wherein the waste water is warmer than the first water supply for heating the first water supply through the first heat exchanger (“Expanded low-pressure refrigerant is metered into the source heat exchanger 22, which in this mode is operating as an evaporator, absorbing heat”; refrigerant absorbing heat is thus cooler than the heat source, according to Newton’s law of cooling) [0027] and the second heat exchanger is bypassed so as to heat the building (as shown on fig. 2, water supply heat exchanger 20 is bypassed in the heating circuit)
Ellis does not teach
so as to transfer heat energy between the waste water and the first water supply
a diverter valve for diverting the second water supply to the second heat exchanger
Tomczyk teaches
wherein refrigerant is a first water supply (second paragraph)
It would have been obvious to a person skilled in the art at the time the invention was filed to modify the heat exchange system of Ellis to include the above claim limitations in view of the teachings of Tomczyk (in the field of refrigerants) because water is environmentally safe, nontoxic, nonflammable, nonexplosive, available almost anywhere, very inexpensive, and has a very high latent heat of vaporization (Tomczyk, second para.).
Moure teaches
wherein the source water is waste water ([0025] of Moure; fig. 1, wastewater E)
It would have been obvious to a person skilled in the art at the time the invention was filed to modify the heat exchange system of the Ellis to include the above claim limitations in view of the teachings of Moure (in the field of heat recovery devices) to allow efficient heat recovery without perturbing the flow of waste water ([0004] of Moure).
Melink teaches
a diverter valve (valve 34) for diverting the second water supply to the second heat exchanger (valve 34 in a closed state prevents transfer fluid 28 from accessing bypass 30, thus is directed to heat exchange units 24)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the domestic water of water supply heat exchanger 20 of Ellis with the ground loop 12 of Melink, including the temperature sensors 46, 48, and 50 in order to allow for monitor and control of the domestic water temperature via a ground exchange system, to ensure the refrigerant of Ellis exchanges heat with domestic water of desired temperature.
Regarding claim 9, Ellis, as modified, teaches the heat exchange system as recited in claim 7,
further comprising a temperature sensor for controlling the temperature of the second water supply supplied to the building (third temperature sensor 50 as shown on fig. 2 of Melink)
Regarding claim 10, Ellis, as modified, teaches the heat exchange system as recited in claim 7,
wherein the diverter valve is operatively arranged to selectively divert the second water supply supplied from a second water supply source (supplied from ground loop 12) to one of the second heat exchanger (valve 34 of Melink in a closed state prevents transfer fluid 28 from accessing bypass 30, thus is directed to heat exchange units 24) and the building
Regarding claim 11, Ellis, as modified, teaches the heat exchange system as recited in claim 7,
wherein the at least one pump is fluidly arranged between the building and at least one of the first heat exchanger and the second heat exchanger (in flow direction of circuit 10 in heating mode of fig. 3, compressor 12 between structure “S” and water supply heat exchanger 20)
Regarding claim 17, Ellis, as modified, does not teach the heat exchange system as recited in claim 12, further comprising
a diverter valve operatively arranged to selectively divert the second water supply supplied from a second water supply source to at least one of the second heat exchanger and a destination
Melink teaches
a diverter valve (valve 34) operatively arranged to selectively divert the second water supply supplied from a second water supply source (supplied from ground loop 12) to at least one of the second heat exchanger and a destination (valve 34 in a closed state prevents transfer fluid 28 from accessing bypass 30, thus is directed to heat exchange units 24 within building 22)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the domestic water of heat exchangers 20 and 40 of Ellis with the ground loop 12 of Melink, including the temperature sensors 46, 48, and 50 in order to allow for monitor and control of the domestic water temperature via a ground exchange system, to ensure the refrigerant of Ellis exchanges heat with domestic water of desired temperature.
Regarding claim 18, Ellis, as modified, teaches the heat exchange system as recited in claim 17,
wherein the destination is the building (building 22)
Regarding claim 19, Ellis, as modified, teaches the heat exchange system as recited in claim 17, further comprising
a temperature sensor fluidly arranged between the diverter valve and the destination (third temperature sensor 50 as shown on fig. 2 of Melink)
Claim(s) 3 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ellis (US20140123689A1) in view of Tomczyk (https://www.achrnews.com/articles/133119-the-professor-dont-forget-about-water-as-a-refrigerant), Moure (US20120159980A1), and Melink (US20120318491A1), in further view of Kaufmann (US4602672A).
Regarding claim 3, Ellis, as modified, does not teach the heat exchange system as recited in claim 1,
wherein the second heat exchanger comprises a plate frame heat exchanger
Kaufmann teaches
wherein the second heat exchanger comprises a plate frame heat exchanger (abstract)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the second heat exchanger of Ellis, as modified, as a plate frame heat exchanger of Kaufmann due to its “self-cleaning” property, thus reducing the manual cleaning requirement of the system.
Regarding claim 8, Ellis, as modified, does not teach the heat exchange system as recited in claim 7,
wherein the second heat exchanger comprises a plate frame heat exchanger
Kaufmann teaches
wherein the second heat exchanger comprises a plate frame heat exchanger (abstract)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the second heat exchanger of Ellis, as modified, as a plate frame heat exchanger of Kaufmann due to its “self-cleaning” property, thus reducing the manual cleaning requirement of the system.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/BRETT PETERSON MALLON/Examiner, Art Unit 3762
/EDELMIRA BOSQUES/Supervisory Patent Examiner, Art Unit 3762