Prosecution Insights
Last updated: May 29, 2026
Application No. 18/037,440

REFRIGERATOR AND OPERATION METHOD DURING PRECOOLING OF REFRIGERATOR

Non-Final OA §103§112
Filed
May 17, 2023
Priority
Dec 01, 2020 — JP 2020-199614 +1 more
Examiner
MOORE, DEVON TYLEN
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Mayekawa Mfg Co. Ltd.
OA Round
2 (Non-Final)
48%
Grant Probability
Moderate
2-3
OA Rounds
1m
Est. Remaining
79%
With Interview

Examiner Intelligence

Grants 48% of resolved cases
48%
Career Allowance Rate
75 granted / 157 resolved
-22.2% vs TC avg
Strong +31% interview lift
Without
With
+30.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
57 currently pending
Career history
245
Total Applications
across all art units

Statute-Specific Performance

§103
95.7%
+55.7% vs TC avg
§102
1.8%
-38.2% vs TC avg
§112
2.6%
-37.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 157 resolved cases

Office Action

§103 §112
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 June 18th, 2025 has been entered. Claims 13-25 remain pending in the application. Claims 21-25 remain withdrawn from consideration as being drawn to nonelected Group II. The amendments to the specification and claims have overcome each and every specification objection and claim objection previously cited on the Non-Final rejection mailed May 09th, 2025. However, the amendment has raised other issues detailed below. Response to Arguments Applicant’s arguments, see Pg. 10-12, filed June 18th, 2025, with respect to the rejection of claim 12 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 Therefore, the rejection has been withdrawn.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 ground(s) of rejection is made in view of Reciprocating Compressors: Startup and Capacity Control Methods and Frutschi (US Patent No. 4,193,266). Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: Claim 1, line: “cooling part for cooling” draws corresponding structure to the following recitation of the specification, “secondary side load heat exchanger (Pg. 7, line 14),” or equivalents. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 13-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The term “substantially” in claim 13 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The degree to which the bypass valve maintains a constant rate of temperature decrease in the refrigerant is rendered indefinite by the use of the term “substantially”. For purposes of examination, the Examiner will interpret the claim to simply require the bypass valve to maintain a temperature decrease of the refrigerant. Claim 20, line 17, recites, “a controller” which is unclear to the Examiner as to how the controller of line 17 of claim 20 relates to the previously claimed controller of line 18 of claim 13. For purposes of examination, the Examiner will interpret the controllers of line 17 of claim 20 and line 18 of claim 13 to be the same components. Claims 14-15 and 20-21 are also rejected by virtue of their dependency on claim 13. Claims 16-17 are also rejected by virtue of their dependency on claim 14. Claim 18 is also rejected by virtue of its dependency on claim 16. Claim 19 is also rejected by virtue of its dependency on claim 18. 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. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Ueda et al. (US Patent No. 9,863,669), hereinafter Ueda in view of Reciprocating Compressors: Startup and Capacity Control Methods, hereinafter NPL-1 and Frutschi (US Patent No. 4,193,266), hereinafter Frutschi. Regarding claim 1, Ueda discloses a refrigerator (Fig. 1, refrigerating apparatus 100), comprising: a low-stage compressor for compressing a refrigerant (Fig. 1, compressor 102a, 102b; Col. 5, lines 20-21, a compressor for compressing the refrigerant); an expander-integrated compressor which includes a high-stage compressor for further compressing the refrigerant, and an expander for expanding the refrigerant compressed by the high-stage compressor, the expander being coupled to the high-stage compressor via a rotational shaft drivable by a motor (Fig. 1, compressor 102c, expander 104, output shaft 108, electric motor 107b; Col. 6, lines 60-67, Also, the compressor 102c at the lower stream side and the expander 104 are connected to the both ends of the output shaft 108b of the electric motor 107 bas their common power source, respectively, whereby the number of parts can be reduced, and the refrigerating apparatus can be installed in a small space. In addition, the power generated by the expander 104 contributes to the compressing power of the compressor 102c, whereby the efficiency is improved); a cooling part for cooling a cooling object with the refrigerant expanded by the expander (Fig. 1, cooling part 105, object to be cooled; Col. 6, lines 35-39, The refrigerant exhausted from the expander 104 is subjected to heat exchange in the cooling part 105 with the liquid nitrogen flowing in the circulation path within the superconducting device as the object to be cooled to have a temperature increased by the heat load); a refrigerant circulation line for circulating the refrigerant, the refrigerant circulation line including a low-pressure line ranging from the expander to the low-stage compressor via the cooling part, an intermediate-pressure line ranging from the low-stage compressor to the high-stage compressor, and a high-pressure line ranging from the high-stage compressor to the expander (Fig. 1, circulation path 101, low pressure line 109, high pressure line 110; see annotated Fig. 1, of Ueda below, intermediate pressure line 101-A) a bypass line which is connected at one end to a first connection portion disposed on the high-pressure line and is connected at another end to a second connection portion disposed on the low-pressure line (See annotated Fig 1 of Ueda below, bypass line 114, 114-A, first connection portion A, second connection portion B); a bypass valve disposed on the bypass line and capable of adjusting a flow rate of the refrigerant flowing through the bypass line by adjusting an opening degree (Fig. 1, third valve 115; Col. 10, lines 30-35, the third valve 115 is controlled to be opened to allow the refrigerant to escape from the high pressure line 110 to the low pressure line 109 (bypassing the buffer tank 111), whereby it is possible to maintain the flow rate of the refrigerant to prevent surging of the compressors 102 at the time of precooling): and a controller for controlling the opening degree of the bypass valve such that the bypass valve is opened during startup and used for the precooling operation to maintain a substantially constant rate of temperature decrease of the refrigerant (Fig. 1, controller 200; Col. 10, lines 8-14 and 28-41, By switching the state of the third valve 115 to being opened at the time of the starting of the refrigerating apparatus 100 on the basis of a control signal from the controller 200, it becomes possible to operate the compressors 102 or the expander 104 at a high rotational speed to carry out precool, thereby to carry out smooth cooling… Accordingly, in the refrigerating apparatus of the example, in a case where a state indicating a high possibility of surging is detected, the third valve 115 is controlled to be opened to allow the refrigerant to escape from the high pressure line 110 to the low pressure line 109 (bypassing the buffer tank 111), whereby it is possible to maintain the flow rate of the refrigerant to prevent surging of the compressors 102 at the time of precooling. The above valve control may, for example, as follows: a second temperature sensor 180 is provided in the vicinity of the expander 104, and when it is determined on the basis of the detected value of the temperature sensor 180 by the controller 200 that the possibility of surging is high, the third valve 115 is automatically opened). However, Ueda does not explicitly disclose the controller configured to control the opening degree of the bypass valve such that the opening degree is progressively decreased. NPL-1 teaches the controller configured to control the opening degree of the bypass valve such that the opening degree is progressively decreased (Pg. 12, In this position, the compressor is now running at no load condition. In order to obtain the desired discharge pressure for each stage, the bypass valve setting must be performed manually. For this purpose, the first stage bypass valve shall be enabled control suction pressure automatically. Note that automatic control capability of all bypass valves will have been deactivated during startup. At this time, close the second-stage discharge to first stage’s discharge bypass valve gradually until the desired second-stage discharge pressure is obtained. For the last stage, the desired pressure obtained by closing the discharge isolating valve. In this way, the stroke position of the previous bypass valves slowly adjusted to control pressure between each stage. Thus, the compressor runs in 0% capacity continuously and bypass valve positions are set for 0% capacity (or 100% turndown). It is of high importance to close the bypass valves slowly and gradually to stabilize the conditions and prevent overshooting of discharge pressure). Therefore, it would have been obvious before the effective filing date of the claimed invention to reprogram the controller of Ueda of claim 1 to control the opening degree of the bypass valve such that the opening degree is progressively decreased as taught by NPL-1. One of ordinary skill in the art would have been motivated to make this modification because is of high importance to close the bypass valves slowly and gradually to stabilize the conditions and prevent overshooting of discharge pressure (NPL-1, Pg. 12). Further, Ueda as modified does not disclose the controller configured to control a rotation speed of the rotational shaft in coordination with the control of the opening degree of the bypass valve. Frutschi teaches the controller configured to control a rotation speed of the rotational shaft in coordination with the control of the opening degree of the bypass valve (Fig. 1, valve 18; Col. 3, lines 4-10, A return line 17 branches off from the high-pressure pipe line 5 in front of the heat exchanger 6 and enters 5 the intake pipe 13 in front of the pre-cooler 14. The flow through the return line 17 is controlled by a throttle valve 18. The valve 13 is controlled through a control line 19 by a speed governor 20 which is located on the shaft 16). Therefore, it would have been obvious before the effective filing date of the claimed invention to reprogram the controller Ueda as modified to control a rotation speed of the rotational shaft in coordination with the control of the opening degree of the bypass valve as taught by Frutschi. One of ordinary skill in the art would have been motivated to make this modification because the pressure of the working fluid between the low and high pressure gas turbine sections is maintained substantially constant (Frutschi, Abstract). PNG media_image1.png 644 984 media_image1.png Greyscale Annotated Fig. 1 of Ueda Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Ueda as modified by NPL-1 and Frutschi as applied to claim 13 above, and further in view of Yakumaru et al. (US Patent No. 8,590,326), hereinafter Yakumaru. Regarding claim 14, Ueda as modified discloses the refrigerator according to claim 13 (see the combination of references used in the rejection of claim 13 above), further comprising: a cold recovery heat exchanger for cooling the refrigerant flowing through the high-pressure line with the refrigerant in the low-pressure line having passed through the cooling part, the cold recovery heat exchanger being disposed on the high-pressure line (Ueda, Fig. 1, cold heat recovering heat exchanger 106; Col. 6, lines 25-29 and 41-46, The refrigerant flown through the heat exchanger 103c is furthermore cooled by the cold heat recovering heat exchanger 106 (see the portion 157 in FIG. 2a), and is subjected to adiabatic expansion by the expander 104 to generate a cold heat (see the portion 158 in FIG. 2a)...The refrigerant having a temperature increased by the cooling part 105 is introduced into the cold heat recovering heat exchanger 106, and is subjected to heat exchange with the compressed refrigerant having a high temperature flown through the heat exchanger 103c to recover the remaining cold heat); and a temperature sensor for detecting a temperature of the refrigerant flowing between the cold recovery heat exchanger and the expander of the high-pressure line (Ueda, Fig. 1, Col. 10, lines 36-39, second temperature sensor 180 is provided in the vicinity of the expander 104, and when it is determined on the basis of the detected value of the temperature sensor 180). However, Ueda as modified does not disclose wherein the controller is configured to control a rotation speed of the rotational shaft based on a detection result of the temperature sensor. Yakumaru teaches control of a rotation shaft of an expander-integrated compressor based on a temperature sensor that detects a refrigerant temperature (Fig. 8, steps S305-S307; In Step 305, actual discharge temperature Ts is compared with the target discharge temperature Tsm. If Ts>Tsm, the controller 112 judges that the high pressure of the cycle is too high. In this case, the refrigeration cycle tends to balance in such a manner that the density Pe of the refrigerant at the inlet of the expander 104 is increased. Thus, the rotation speed of the second compressor 102 is decreased and the flow rate of the refrigerant at the inlet of the expander 104 is lowered in Step 306. Thereby, the discharge temperature Ts of the first compressor 101 and the high pressure of the cycle are decreased. In contrast, if Tds ≤ Tsm, the controller 112 judges that the high pressure of the cycle is too low. In this case, the refrigeration cycle tends to balance in such a manner that the density Pe of the refrigerant at the inlet of the expander 104 is decreased. Thus, the rotation speed of the second compressor 102 is increased and the flow rate of the refrigerant at the inlet of the expander 104 is increased in Step 307. Thereby, the discharge temperature Ts of the first compressor 101 and the high pressure of the cycle are increased). Therefore, it would have been obvious before the effective filing date of the claimed invention to reprogram the controller of Ueda as modified to control a rotation speed of the rotational shaft based on a detection result of the temperature sensor as taught by Yakumaru. One of ordinary skill in the art would have been motivated to make this modification to achieve a higher COP (Yakumaru, Col 11, line 40). Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Ueda as modified by NPL-1 and Frutschi as applied to claim 13 above, and further in view of Ueda et al. (US Patent No. 10,415,857), hereinafter Ueda ‘857 and Yakumaru et al. (US Patent No. 8,590,326), hereinafter Yakumaru. Regarding claim 15, Ueda as modified discloses the refrigerator according to claim 13 (see the combination of references used in the rejection of claim 13 above). However, Ueda as modified does not disclose further comprising: a temperature sensor for detecting a temperature of the refrigerant between the cooling part and the expander of the low-pressure line. Ueda ‘857 teaches further comprising: a temperature sensor for detecting a temperature of the refrigerant between the cooling part and the expander of the low-pressure line (Fig. 1, thermometer 88; Col. 14, lines 21-30, The temperatures of the intake side and the discharge side of the expander T are measured by the thermometer 86 disposed on the intake side of the expander T and the thermometer 88 disposed on the discharge side of the expander T, in the refrigerant circulation line 22, and the measurement results are sent to the controller 60. The controller 60 calculates the refrigerant temperature difference between the intake side and the discharge side of the expander T from the temperatures measured by the thermometers 86 and 88). Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the refrigerator of Ueda as modified to include a temperature sensor for detecting a temperature of the refrigerant between the cooling part and the expander of the low-pressure line as taught by Ueda ‘857. One of ordinary skill in the art would have been motivated to make this modification to collect additional temperature measurements around the refrigerant circulation line so as to satisfy the operational conditions corresponding to the cooling loads of the cooling part 12 (Ueda ‘857, Col. 15, lines 26-28). Further, Ueda as modified does not disclose wherein the controller is configured to control a rotation speed of the rotational shaft based on a detection result of the temperature sensor. Yakumaru teaches control of a rotation shaft of an expander-integrated compressor based on a temperature sensor that detects a refrigerant temperature (Fig. 8, steps S305-S307; In Step 305, actual discharge temperature Ts is compared with the target discharge temperature Tsm. If Ts>Tsm, the controller 112 judges that the high pressure of the cycle is too high. In this case, the refrigeration cycle tends to balance in such a manner that the density Pe of the refrigerant at the inlet of the expander 104 is increased. Thus, the rotation speed of the second compressor 102 is decreased and the flow rate of the refrigerant at the inlet of the expander 104 is lowered in Step 306. Thereby, the discharge temperature Ts of the first compressor 101 and the high pressure of the cycle are decreased. In contrast, if Tds ≤ Tsm, the controller 112 judges that the high pressure of the cycle is too low. In this case, the refrigeration cycle tends to balance in such a manner that the density Pe of the refrigerant at the inlet of the expander 104 is decreased. Thus, the rotation speed of the second compressor 102 is increased and the flow rate of the refrigerant at the inlet of the expander 104 is increased in Step 307. Thereby, the discharge temperature Ts of the first compressor 101 and the high pressure of the cycle are increased). Therefore, it would have been obvious before the effective filing date of the claimed invention to reprogram the controller of Ueda as modified to control a rotation speed of the rotational shaft based on a detection result of the temperature sensor as taught by Yakumaru. One of ordinary skill in the art would have been motivated to make this modification to achieve a higher COP (Yakumaru, Col 11, line 40) Claim 16-19 is rejected under 35 U.S.C. 103 as being unpatentable over Ueda as modified by NPL-1, Frutschi and Yakumaru applied to claim 14 above, and further in view of Matsumoto et al. (KR 20040020013), hereinafter Matsumoto. Regarding claim 16, Ueda as modified discloses the refrigerator according to claim 14 (see the combination of references used in the rejection of claim 14 above), wherein the controller is configured to: control the bypass valve such that the opening degree is decreased until the temperature of the refrigerant detected by the temperature sensor reaches a preset first target temperature in the initial operation period (Ueda, Col. 10, lines 8-14 and 28-41, By switching the state of the third valve 115 to being opened at the time of the starting of the refrigerating apparatus 100 on the basis of a control signal from the controller 200, it becomes possible to operate the compressors 102 or the expander 104 at a high rotational speed to carry out precool, thereby to carry out smooth cooling… Accordingly, in the refrigerating apparatus of the example, in a case where a state indicating a high possibility of surging is detected, the third valve 115 is controlled to be opened to allow the refrigerant to escape from the high pressure line 110 to the low pressure line 109 (bypassing the buffer tank 111), whereby it is possible to maintain the flow rate of the refrigerant to prevent surging of the compressors 102 at the time of precooling. The above valve control may, for example, as follows: a second temperature sensor 180 is provided in the vicinity of the expander 104, and when it is determined on the basis of the detected value of the temperature sensor 180 by the controller 200 that the possibility of surging is high, the third valve 115 is automatically opened; Fig. 1, controller 117, first bypass valve 113; Fig. 2, steps S11-S14; Pg. 6, paragraph 66-67 and 71; In step S11, in response to the reception of the activation command from the input apparatus 118, the controller 117 transmits a control signal to the valve opening and closing devices 115 and 116 so that the first bypass valve 113 is opened and the activation assist valve 114 is closed (step S12). This allows the first bypass passage 112 to be opened, and the flow passage 106d to be closed between the outlet of the evaporator 104 and the downstream end K2 of the first bypass passage 112. Subsequently, the controller 117 starts supplying power to the motor 101b so that the first compressor 101 is activated (step S13). This allows the working fluid in the flow passage 106e and the second bypass passage 110 to be drawn into the first compressor 101. Here, instead of opening the first bypass valve 113 before the activation of the first compressor 101, it also is possible to open the first bypass valve 113 in response to the activation of the first compressor 101. Similarly, in response to the activation of the first compressor 101, the activation assist valve 114 may be closed. That is, there is no problem as long as the working fluid is allowed to flow in the first bypass passage 112 after the activation of the first compressor 101 and before the rotation of the power recovery shaft 107… Upon detecting the activation of the second compressor 105 through the activation detector 119 (step S14), the controller 117 transmits a control signal to the valve opening and closing devices 115 and 116 so that the first bypass valve 113 is closed and the activation assist valve 114 is opened (step S15)). However, Ueda as modified does not disclose control the bypass valve such that the opening degree is decreased stepwise. Matsumoto teaches stepwise control of a bypass valve (Fig. 11, solenoid valve 152; Pg. 19, The opening degree of the solenoid valve 152 may be adjusted linearly or stepwise in response to the temperature change). Therefore, it would have been obvious before the effective filing date of the claimed invention to reprogram the controller of Ueda as modified to control the bypass valve such that the opening degree is decreased stepwise as taught by Matsumoto. One of ordinary skill in the art would have been motivated to make this modification to allow for increased flexibility in control of the bypass valve to achieve to allow for desired operating conditions to be achieved more efficiently. Ueda as modified further does not explicitly disclose the controller configured to control the rotation speed such that a rate of decrease in the temperature of the refrigerant detected by the temperature sensor is maintained constant in the initial operation period. Yakumaru teaches control of a rotation shaft of an expander-integrated compressor based on a temperature sensor that detects a refrigerant temperature (Fig. 8, steps S305-S307; In Step 305, actual discharge temperature Ts is compared with the target discharge temperature Tsm. If Ts>Tsm, the controller 112 judges that the high pressure of the cycle is too high. In this case, the refrigeration cycle tends to balance in such a manner that the density Pe of the refrigerant at the inlet of the expander 104 is increased. Thus, the rotation speed of the second compressor 102 is decreased and the flow rate of the refrigerant at the inlet of the expander 104 is lowered in Step 306. Thereby, the discharge temperature Ts of the first compressor 101 and the high pressure of the cycle are decreased. In contrast, if Tds ≤ Tsm, the controller 112 judges that the high pressure of the cycle is too low. In this case, the refrigeration cycle tends to balance in such a manner that the density Pe of the refrigerant at the inlet of the expander 104 is decreased. Thus, the rotation speed of the second compressor 102 is increased and the flow rate of the refrigerant at the inlet of the expander 104 is increased in Step 307. Thereby, the discharge temperature Ts of the first compressor 101 and the high pressure of the cycle are increased). Therefore, it would have been obvious before the effective filing date of the claimed invention to reprogram the controller of Ueda as modified to control the rotation speed such that a rate of decrease in the temperature of the refrigerant detected by the temperature sensor is maintained constant in the initial operation period as taught by Yakumaru. One of ordinary skill in the art would have been motivated to make this modification to achieve a higher COP (Yakumaru, Col 11, line 40). Regarding claim 17, Ueda as modified discloses the refrigerator according to claim 14 (see the combination of references used in the rejection of claim 14 above), wherein the controller is configured to: control the bypass valve such that the opening degree is decreased until the temperature of the refrigerant detected by the temperature sensor reaches a preset first target temperature in the initial operation period (Ueda, Col. 10, lines 8-14 and 28-41, By switching the state of the third valve 115 to being opened at the time of the starting of the refrigerating apparatus 100 on the basis of a control signal from the controller 200, it becomes possible to operate the compressors 102 or the expander 104 at a high rotational speed to carry out precool, thereby to carry out smooth cooling… Accordingly, in the refrigerating apparatus of the example, in a case where a state indicating a high possibility of surging is detected, the third valve 115 is controlled to be opened to allow the refrigerant to escape from the high pressure line 110 to the low pressure line 109 (bypassing the buffer tank 111), whereby it is possible to maintain the flow rate of the refrigerant to prevent surging of the compressors 102 at the time of precooling. The above valve control may, for example, as follows: a second temperature sensor 180 is provided in the vicinity of the expander 104, and when it is determined on the basis of the detected value of the temperature sensor 180 by the controller 200 that the possibility of surging is high, the third valve 115 is automatically opened; Fig. 1, controller 117, first bypass valve 113; Fig. 2, steps S11-S14; Pg. 6, paragraph 66-67 and 71; In step S11, in response to the reception of the activation command from the input apparatus 118, the controller 117 transmits a control signal to the valve opening and closing devices 115 and 116 so that the first bypass valve 113 is opened and the activation assist valve 114 is closed (step S12). This allows the first bypass passage 112 to be opened, and the flow passage 106d to be closed between the outlet of the evaporator 104 and the downstream end K2 of the first bypass passage 112. Subsequently, the controller 117 starts supplying power to the motor 101b so that the first compressor 101 is activated (step S13). This allows the working fluid in the flow passage 106e and the second bypass passage 110 to be drawn into the first compressor 101. Here, instead of opening the first bypass valve 113 before the activation of the first compressor 101, it also is possible to open the first bypass valve 113 in response to the activation of the first compressor 101. Similarly, in response to the activation of the first compressor 101, the activation assist valve 114 may be closed. That is, there is no problem as long as the working fluid is allowed to flow in the first bypass passage 112 after the activation of the first compressor 101 and before the rotation of the power recovery shaft 107… Upon detecting the activation of the second compressor 105 through the activation detector 119 (step S14), the controller 117 transmits a control signal to the valve opening and closing devices 115 and 116 so that the first bypass valve 113 is closed and the activation assist valve 114 is opened (step S15)). However, Ueda as modified does not explicitly disclose control the bypass valve such that the opening degree is decreased continuously. Matsumoto teaches continuous control of a bypass valve (Fig. 11, solenoid valve 152; Pg. 19, The opening degree of the solenoid valve 152 may be adjusted linearly or stepwise in response to the temperature change). Therefore, it would have been obvious before the effective filing date of the claimed invention to reprogram the controller of Ueda as modified to control the bypass valve such that the opening degree is decreased continuously as taught by Matsumoto. One of ordinary skill in the art would have been motivated to make this modification to allow for increased flexibility in control of the bypass valve to achieve to allow for desired operating conditions to be achieved more efficiently. Ueda as modified further does not explicitly disclose the controller configured to control the rotation speed such that a rate of decrease in the temperature of the refrigerant detected by the temperature sensor is maintained constant in the initial operation period. Yakumaru teaches control of a rotation shaft of an expander-integrated compressor based on a temperature sensor that detects a refrigerant temperature (Fig. 8, steps S305-S307; In Step 305, actual discharge temperature Ts is compared with the target discharge temperature Tsm. If Ts>Tsm, the controller 112 judges that the high pressure of the cycle is too high. In this case, the refrigeration cycle tends to balance in such a manner that the density Pe of the refrigerant at the inlet of the expander 104 is increased. Thus, the rotation speed of the second compressor 102 is decreased and the flow rate of the refrigerant at the inlet of the expander 104 is lowered in Step 306. Thereby, the discharge temperature Ts of the first compressor 101 and the high pressure of the cycle are decreased. In contrast, if Tds ≤ Tsm, the controller 112 judges that the high pressure of the cycle is too low. In this case, the refrigeration cycle tends to balance in such a manner that the density Pe of the refrigerant at the inlet of the expander 104 is decreased. Thus, the rotation speed of the second compressor 102 is increased and the flow rate of the refrigerant at the inlet of the expander 104 is increased in Step 307. Thereby, the discharge temperature Ts of the first compressor 101 and the high pressure of the cycle are increased). Therefore, it would have been obvious before the effective filing date of the claimed invention to reprogram the controller of Ueda as modified to control the rotation speed such that a rate of decrease in the temperature of the refrigerant detected by the temperature sensor is maintained constant in the initial operation period as taught by Yakumaru. One of ordinary skill in the art would have been motivated to make this modification to achieve a higher COP (Yakumaru, Col 11, line 40). Regarding claim 18, Ueda as modified discloses the refrigerator according to claim 16 (see the combination of references used in the rejection of claim 16 above), wherein the controller is configured to: control the bypass valve such that the opening degree becomes 0% at a stage when the temperature of the refrigerant detected by the temperature sensor reaches the first target temperature (Ueda, Col. 10, lines 8-14 and 28-41, By switching the state of the third valve 115 to being opened at the time of the starting of the refrigerating apparatus 100 on the basis of a control signal from the controller 200, it becomes possible to operate the compressors 102 or the expander 104 at a high rotational speed to carry out precool, thereby to carry out smooth cooling… Accordingly, in the refrigerating apparatus of the example, in a case where a state indicating a high possibility of surging is detected, the third valve 115 is controlled to be opened to allow the refrigerant to escape from the high pressure line 110 to the low pressure line 109 (bypassing the buffer tank 111), whereby it is possible to maintain the flow rate of the refrigerant to prevent surging of the compressors 102 at the time of precooling. The above valve control may, for example, as follows: a second temperature sensor 180 is provided in the vicinity of the expander 104, and when it is determined on the basis of the detected value of the temperature sensor 180 by the controller 200 that the possibility of surging is high, the third valve 115 is automatically opened; Fig. 1, controller 117, first bypass valve 113; Fig. 2, steps S11-S14; Pg. 6, paragraph 66-67 and 71; In step S11, in response to the reception of the activation command from the input apparatus 118, the controller 117 transmits a control signal to the valve opening and closing devices 115 and 116 so that the first bypass valve 113 is opened and the activation assist valve 114 is closed (step S12). This allows the first bypass passage 112 to be opened, and the flow passage 106d to be closed between the outlet of the evaporator 104 and the downstream end K2 of the first bypass passage 112. Subsequently, the controller 117 starts supplying power to the motor 101b so that the first compressor 101 is activated (step S13). This allows the working fluid in the flow passage 106e and the second bypass passage 110 to be drawn into the first compressor 101. Here, instead of opening the first bypass valve 113 before the activation of the first compressor 101, it also is possible to open the first bypass valve 113 in response to the activation of the first compressor 101. Similarly, in response to the activation of the first compressor 101, the activation assist valve 114 may be closed. That is, there is no problem as long as the working fluid is allowed to flow in the first bypass passage 112 after the activation of the first compressor 101 and before the rotation of the power recovery shaft 107… Upon detecting the activation of the second compressor 105 through the activation detector 119 (step S14), the controller 117 transmits a control signal to the valve opening and closing devices 115 and 116 so that the first bypass valve 113 is closed and the activation assist valve 114 is opened (step S15)). However, Ueda as modified does not explicitly disclose wherein the controller is configured to control the rotation speed such that the rate of decrease in the temperature of the refrigerant detected by the temperature sensor is maintained constant while maintaining the opening degree at 0% until the temperature of the refrigerant, which is detected by the temperature sensor and is lower than the first target temperature, reaches a second target temperature set lower than the first target temperature. Yakumaru teaches control of a rotation shaft of an expander-integrated compressor based on a temperature sensor that detects a refrigerant temperature (Fig. 8, steps S305-S307; In Step 305, actual discharge temperature Ts is compared with the target discharge temperature Tsm. If Ts>Tsm, the controller 112 judges that the high pressure of the cycle is too high. In this case, the refrigeration cycle tends to balance in such a manner that the density Pe of the refrigerant at the inlet of the expander 104 is increased. Thus, the rotation speed of the second compressor 102 is decreased and the flow rate of the refrigerant at the inlet of the expander 104 is lowered in Step 306. Thereby, the discharge temperature Ts of the first compressor 101 and the high pressure of the cycle are decreased. In contrast, if Tds ≤ Tsm, the controller 112 judges that the high pressure of the cycle is too low. In this case, the refrigeration cycle tends to balance in such a manner that the density Pe of the refrigerant at the inlet of the expander 104 is decreased. Thus, the rotation speed of the second compressor 102 is increased and the flow rate of the refrigerant at the inlet of the expander 104 is increased in Step 307. Thereby, the discharge temperature Ts of the first compressor 101 and the high pressure of the cycle are increased). Therefore, it would have been obvious before the effective filing date of the claimed invention to reprogram the controller of Ueda as modified to control the rotation speed such that the rate of decrease in the temperature of the refrigerant detected by the temperature sensor is maintained constant while maintaining the opening degree at 0% until the temperature of the refrigerant , which is detected by the temperature sensor and is lower than the first target temperature, reaches a second target temperature set lower than the first target temperature as taught by Yakumaru. One of ordinary skill in the art would have been motivated to make this modification to achieve a higher COP (Yakumaru, Col 11, line 40). Further, it has been held where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation (MPEP 2144.05, Section II, Paragraph A). Regarding claim 19, Ueda as modified discloses the refrigerator according to claim 18 (see the combination of references used in the rejection of claim 18 above), further comprising: a heat exchanger for exchanging heat between the refrigerant and a secondary refrigerant for cooling the cooling object (Ueda, Fig. 1, cooling part 105, object to be cooled; Col. 6, lines 35-39, The refrigerant exhausted from the expander 104 is subjected to heat exchange in the cooling part 105 with the liquid nitrogen flowing in the circulation path within the superconducting device as the object to be cooled to have a temperature increased by the heat load); and a secondary refrigerant temperature sensor for detecting a temperature of the secondary refrigerant (Ueda, Fig. 1, temperature sensor 160; Col. 5, lines 45-48, On the circulation path 150 in which the secondary refrigerant flows, a temperature sensor 160 as a heat load detecting device for detecting a heat load of the object to be cooled is provided; Col. 7, lines 39-44, Particularly in this example, the temperature sensor 160 is provided on the circulation path 150 in which the secondary refrigerant flows, whereby it is possible to rapidly detect a change in the heat load of the object to be cooled. Accordingly, a Brayton cycle type refrigerating apparatus having a good responsiveness can be obtained). However, Ueda as modified does not disclose wherein the controller is configured to: control the rotation speed based on a detection result of the secondary refrigerant temperature sensor in a case where the temperature of the refrigerant detected by the temperature sensor is lower than the second target temperature. Yakumaru teaches control of a rotation shaft of an expander-integrated compressor based on a temperature sensor that detects a refrigerant temperature (Fig. 8, steps S305-S307; In Step 305, actual discharge temperature Ts is compared with the target discharge temperature Tsm. If Ts>Tsm, the controller 112 judges that the high pressure of the cycle is too high. In this case, the refrigeration cycle tends to balance in such a manner that the density Pe of the refrigerant at the inlet of the expander 104 is increased. Thus, the rotation speed of the second compressor 102 is decreased and the flow rate of the refrigerant at the inlet of the expander 104 is lowered in Step 306. Thereby, the discharge temperature Ts of the first compressor 101 and the high pressure of the cycle are decreased. In contrast, if Tds ≤ Tsm, the controller 112 judges that the high pressure of the cycle is too low. In this case, the refrigeration cycle tends to balance in such a manner that the density Pe of the refrigerant at the inlet of the expander 104 is decreased. Thus, the rotation speed of the second compressor 102 is increased and the flow rate of the refrigerant at the inlet of the expander 104 is increased in Step 307. Thereby, the discharge temperature Ts of the first compressor 101 and the high pressure of the cycle are increased). Therefore, it would have been obvious before the effective filing date of the claimed invention to reprogram the controller of Ueda as modified to control the rotation speed based on a detection result of the secondary refrigerant temperature sensor in a case where the temperature of the refrigerant detected by the temperature sensor is lower than the second target temperature as taught by Yakumaru. One of ordinary skill in the art would have been motivated to make this modification to achieve a higher COP (Yakumaru, Col 11, line 40). Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Ueda as modified by NPL-1 and Frutschi as applied to claim 13 above, and further in view of Wada et al. (US 20110247358), hereinafter Wada and Furuya et al. (WO 9902928), hereinafter Furuya. Regarding claim 20, Ueda as modified discloses the refrigerator according to claim 13 (see the combination of references used in the rejection of claim 13 above), further comprising: a cold recovery heat exchanger for cooling the refrigerant flowing through the high-pressure line with the refrigerant in the low-pressure line having passed through the cooling part, the cold recovery heat exchanger being disposed on the high-pressure line (Ueda, Fig. 1, cold heat recovering heat exchanger 106; Col. 6, lines 25-29 and 41-46, The refrigerant flown through the heat exchanger 103c is furthermore cooled by the cold heat recovering heat exchanger 106 (see the portion 157 in FIG. 2a), and is subjected to adiabatic expansion by the expander 104 to generate a cold heat (see the portion 158 in FIG. 2a)...The refrigerant having a temperature increased by the cooling part 105 is introduced into the cold heat recovering heat exchanger 106, and is subjected to heat exchange with the compressed refrigerant having a high temperature flown through the heat exchanger 103c to recover the remaining cold heat); a buffer line which is connected at one end to a third connection portion disposed between the cold recovery heat exchanger and the high-stage compressor of the high-pressure line, and is connected at another end to a fourth connection portion disposed between the low-stage compressor and the cold recovery heat exchanger of the low-pressure line (see annotated Fig. 1 of Ueda below, buffer line C, third connection portion D, fourth connection portion E); a buffer tank disposed on the buffer line and capable of storing the refrigerant sent from the high-pressure line (Ueda, Fig. 1, buffer tank 111; Col. 8, lines 5-6, Then, the refrigerant stored in the buffer tank 111); a high-pressure side buffer valve disposed between the buffer tank and the third connection portion of the buffer line (see annotated Fig. 1 of Ueda below, first valve 112 is disposed between buffer tank 111 and third connection portion D); a low-pressure side buffer valve disposed between the buffer tank and the fourth connection portion of the buffer line (see annotated Fig. 1 of Ueda below, second valve 113 is disposed between buffer tank 111 and fourth connection portion E); a pressure sensor (Ueda, Fig. 1, pressure sensor 170). However, Ueda as modified does not disclose a first pressure sensor for detecting a pressure of the refrigerant between the first connection portion and the third connection portion of the high-pressure line. Wada teaches a first pressure sensor for detecting a pressure of the refrigerant of the high-pressure line (Fig. 1, activation detector 119; Pg. 4, paragraph 51, A temperature detector, a pressure detector, or the like can be used as the activation detector 119… The pressure detector when used as the activation detector 119, for example, includes a piezoelectric element, and detects the difference 11P between the pressure of the working fluid to be drawn into the expander 103 and the pressure of the working fluid discharged from the expander 103). Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the refrigerator of Ueda as modified to include a first pressure sensor for detecting a pressure of the refrigerant of the high-pressure line as taught by Wada. One of ordinary skill in the art would have been motivated to make this modification to collect additional pressure measurements around the refrigerant circulation line in order to improve the accuracy of operational control decision based on real-time sensor data. Further, as evidence by Wada, before the effective filing date of the claimed invention, there had been a recognized need problem or need in the art for detecting pressure in a high-pressure line of an expander-integrated compressor. Further, it would have been obvious to one having ordinary skill in the art, recognizing the need for detecting pressure in a high-pressure line of an expander-integrated compressor (Wada, Fig. 1, activation detector 119), before the effective filing date of the claimed invention, to try option regarding the placement of the pressure sensor on the high-pressure line, since there are known and finite possible options, in order to discover which option yields greatest success. There are 3 possible options: placing the first pressure sensor upstream of the third connection portion D (see annotated Fig. 1 of Ueda below), placing the first pressure sensor between the third connection portion D and the first connection portion A (see annotated Fig. 1 of Ueda below), and placing the first pressure sensor downstream of the first connection portion A (see annotated Fig. 1 of Ueda below). One having ordinary skill in the art could have pursued the known potential solution, identified in part by Wada Fig. 1, with a reasonable expectation of success (MPEP 2143, section I). Ueda as modified further does not disclose a second pressure sensor for detecting an internal pressure of the buffer tank. Furuya teaches a pressure sensor for detecting an internal pressure of the buffer tank (Fig. 5, buffer tank 6, pressure sensor 8). Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the refrigerator of Ueda as modified to include a second pressure sensor for detecting an internal pressure of the buffer tank as taught by Furuya. One of ordinary skill in the art would have been motivated to make this modification to collect additional pressure measurements around the refrigerant circulation line in order to improve the accuracy of operational control decision based on real-time sensor data. Ueda as modified further teaches a controller for controlling opening degrees of the high-pressure side buffer valve and the low-pressure side buffer valve according to detection results of the pressure sensor (Ueda, Fig. 1, controller 200; Col 7, lines 48-53, The detected value by the pressure sensor 170 corresponds to the flow rate of the refrigerant flowing in the circulation path 101, and is sent to the controller 200 to be used for control of various components, as is the case with the detected value by the temperature sensor 160; Col. 8, lines 13-44, On the other hand, in the case where the rate of change in the heat load is minus (NO in step S102), that is, in the case where the heat load have decreased, the controller 200 carries out the control so as to open the first valve 112 while the second valve 113 is closed (step S104). Then, the a part of the refrigerant flowing in the high pressure line 110 is introduced into the buffer tank 111 by the pressure difference between the high pressure line 110 and the buffer tank 111, to decrease the flow rate (pressure) of the refrigerant flowing in the circulation path 101. As a result, the cooling capacity of the refrigerating apparatus 100 is adjusted to decrease in accordance with the decrease in the heat load of the object to be cooled. Since the opening degrees of the first valve 112 and the second valve 113 are required to be adjusted at the time of the above flow control, electric-operated valves may preferably be used as the first valve 112 and the second valve 113. The control of the opening degrees of the first valve 112 and the second valve 113 by the controller 200 may preferably be carried out so that the flow rate of the refrigerant flowing in the circulation path 101 becomes the target flow rate corresponding to the rate of change of the heat load detected by the temperature sensor 160, for example. In regard to the target flow rate, a map of a relationship between the opening degree of each of the valves corresponding to the target flow rate and the rate of change of the detected value of the temperature sensor 160 may be preliminary stored in a storing device such as a memory, and an actual measurement value may be compared according to the map to carry out the control of the opening degrees of the valves). Further, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to reprogram the controller of Ueda as modified to include the pressure reading of the first pressure sensor and the second pressure sensor when controlling opening degrees of the high-pressure side buffer valve and the low-pressure side buffer valve to improve the accuracy of operational control decision based on real-time sensor data. PNG media_image1.png 644 984 media_image1.png Greyscale Annotated Fig. 1 of Ueda Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Ueda as modified by NPL-1 and Frutschi as applied to claim 13 above, and further in view of Yakumaru et al. (US Patent No. 8,590,326), hereinafter Yakumaru and Matsumoto et al. (KR 20040020013), hereinafter Matsumoto. Regarding claim 21, Ueda as modified discloses the refrigerator according to claim 13 (see the combination of references used in the rejection of claim 13 above), further comprising: a cold recovery heat exchanger for cooling the refrigerant flowing through the high-pressure line with the refrigerant in the low-pressure line having passed through the cooling part, the cold recovery heat exchanger being disposed on the high-pressure line (Ueda, Fig. 1, cold heat recovering heat exchanger 106; Col. 6, lines 25-29 and 41-46, The refrigerant flown through the heat exchanger 103c is furthermore cooled by the cold heat recovering heat exchanger 106 (see the portion 157 in FIG. 2a), and is subjected to adiabatic expansion by the expander 104 to generate a cold heat (see the portion 158 in FIG. 2a)...The refrigerant having a temperature increased by the cooling part 105 is introduced into the cold heat recovering heat exchanger 106, and is subjected to heat exchange with the compressed refrigerant having a high temperature flown through the heat exchanger 103c to recover the remaining cold heat); a temperature sensor for detecting a temperature of the refrigerant flowing between the cold recovery heat exchanger and the expander of the high-pressure line (Ueda, Fig. 1, Col. 10, lines 36-39, second temperature sensor 180 is provided in the vicinity of the expander 104, and when it is determined on the basis of the detected value of the temperature sensor 180). However, Ueda as modified does not disclose wherein the controller is configured to control a rotation speed of the rotational shaft based on a detection result of the temperature sensor. Yakumaru teaches control of a rotation shaft of an expander-integrated compressor based on a temperature sensor that detects a refrigerant temperature (Fig. 8, steps S305-S307; In Step 305, actual discharge temperature Ts is compared with the target discharge temperature Tsm. If Ts>Tsm, the controller 112 judges that the high pressure of the cycle is too high. In this case, the refrigeration cycle tends to balance in such a manner that the density Pe of the refrigerant at the inlet of the expander 104 is increased. Thus, the rotation speed of the second compressor 102 is decreased and the flow rate of the refrigerant at the inlet of the expander 104 is lowered in Step 306. Thereby, the discharge temperature Ts of the first compressor 101 and the high pressure of the cycle are decreased. In contrast, if Tds ≤ Tsm, the controller 112 judges that the high pressure of the cycle is too low. In this case, the refrigeration cycle tends to balance in such a manner that the density Pe of the refrigerant at the inlet of the expander 104 is decreased. Thus, the rotation speed of the second compressor 102 is increased and the flow rate of the refrigerant at the inlet of the expander 104 is increased in Step 307. Thereby, the discharge temperature Ts of the first compressor 101 and the high pressure of the cycle are increased). Therefore, it would have been obvious before the effective filing date of the claimed invention to reprogram the controller of Ueda as modified to control a rotation speed of the rotational shaft based on a detection result of the temperature sensor as taught by Yakumaru. One of ordinary skill in the art would have been motivated to make this modification to achieve a higher COP (Yakumaru, Col 11, line 40). Ueda as modified further discloses wherein the controller is configured to control the bypass valve such that the opening degree is decreased until the temperature of the refrigerant detected by the temperature sensor reaches a preset first target temperature in the initial operation period (Ueda, Col. 10, lines 8-14 and 28-41, By switching the state of the third valve 115 to being opened at the time of the starting of the refrigerating apparatus 100 on the basis of a control signal from the controller 200, it becomes possible to operate the compressors 102 or the expander 104 at a high rotational speed to carry out precool, thereby to carry out smooth cooling… Accordingly, in the refrigerating apparatus of the example, in a case where a state indicating a high possibility of surging is detected, the third valve 115 is controlled to be opened to allow the refrigerant to escape from the high pressure line 110 to the low pressure line 109 (bypassing the buffer tank 111), whereby it is possible to maintain the flow rate of the refrigerant to prevent surging of the compressors 102 at the time of precooling. The above valve control may, for example, as follows: a second temperature sensor 180 is provided in the vicinity of the expander 104, and when it is determined on the basis of the detected value of the temperature sensor 180 by the controller 200 that the possibility of surging is high, the third valve 115 is automatically opened; Fig. 1, controller 117, first bypass valve 113; Fig. 2, steps S11-S14; Pg. 6, paragraph 66-67 and 71; In step S11, in response to the reception of the activation command from the input apparatus 118, the controller 117 transmits a control signal to the valve opening and closing devices 115 and 116 so that the first bypass valve 113 is opened and the activation assist valve 114 is closed (step S12). This allows the first bypass passage 112 to be opened, and the flow passage 106d to be closed between the outlet of the evaporator 104 and the downstream end K2 of the first bypass passage 112. Subsequently, the controller 117 starts supplying power to the motor 101b so that the first compressor 101 is activated (step S13). This allows the working fluid in the flow passage 106e and the second bypass passage 110 to be drawn into the first compressor 101. Here, instead of opening the first bypass valve 113 before the activation of the first compressor 101, it also is possible to open the first bypass valve 113 in response to the activation of the first compressor 101. Similarly, in response to the activation of the first compressor 101, the activation assist valve 114 may be closed. That is, there is no problem as long as the working fluid is allowed to flow in the first bypass passage 112 after the activation of the first compressor 101 and before the rotation of the power recovery shaft 107… Upon detecting the activation of the second compressor 105 through the activation detector 119 (step S14), the controller 117 transmits a control signal to the valve opening and closing devices 115 and 116 so that the first bypass valve 113 is closed and the activation assist valve 114 is opened (step S15)). However, Ueda as modified does not disclose control the bypass valve such that the opening degree is decreased stepwise or continuously. Matsumoto teaches stepwise or continuous control of a bypass valve (Fig. 11, solenoid valve 152; Pg. 19, The opening degree of the solenoid valve 152 may be adjusted linearly or stepwise in response to the temperature change). Therefore, it would have been obvious before the effective filing date of the claimed invention to reprogram the controller of Ueda as modified to control the bypass valve such that the opening degree is decreased stepwise or continuously as taught by Matsumoto. One of ordinary skill in the art would have been motivated to make this modification to allow for increased flexibility in control of the bypass valve to achieve to allow for desired operating conditions to be achieved more efficiently. Conclusion 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 DEVON T MOORE whose telephone number is 571-272-6555. The examiner can normally be reached M-F, 7:30-5. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DEVON MOORE/Examiner, Art Unit 3763 July 14th, 2025 /FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763
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Prosecution Timeline

May 17, 2023
Application Filed
May 18, 2023
Response after Non-Final Action
May 09, 2025
Non-Final Rejection mailed — §103, §112
Jun 18, 2025
Response Filed
Jul 30, 2025
Final Rejection mailed — §103, §112
Sep 23, 2025
Response after Non-Final Action

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