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 .
Claim Status
Claims 1-2, and 4-20 are pending. Claims 1, 15 and 20 have been amended. The amendments to claims 1 and 15 have changed the scope of all pending claims.
Response to Arguments
Applicant’s arguments with respect to claims 1-2 and 4-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 4, 6-7, 11-13, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Laukhuf et al. (5,095,713), hereafter referred to as “Laukhuf,” in view of Roth (5,533,345).
Regarding Claim 1: Laukhuf teaches a refrigerant recovery device (10, see Figures 1-3) comprising:
a pump (12);
a heat rejecting heat exchanger (36) disposed in fluid communication with the pump (see Figures 1-3);
a refrigerant storage container (40) disposed in fluid communication with the heat rejecting heat exchanger (36) and the pump (12);
a fluid interface (manifold 14) disposed in fluid communication with the pump (12) and configured for fluidly connecting the refrigerant recovery device (10) to a refrigerant containing device (not shown, refrigeration system feeding the refrigerant, Column 3, lines 22-29);
and a plurality of valves (16, 50, 54) disposed in fluid communication with at least one of the pump (12), the heat rejecting heat exchanger (36), the refrigerant storage container (40), or the fluid interface (manifold 14) and configurable to establish a first fluid pathway (line from 12 to 32 to 50 to 36) fluidly connecting the refrigerant containing device (not shown, refrigeration system feeding the refrigerant, Column 3, lines 22-29) to the refrigerant storage container (40), and a second fluid pathway (line from 12 to 32 to 50 to 52 to 40) fluidly connecting the heat rejecting heat exchanger (36) to the refrigerant storage container (see Figures 1-3), wherein, in the second fluid pathway (line from 12 to 32 to 50 to 52), the heat rejecting heat exchanger (36) is dead-ended upstream (valve 50 switched to line 52).
Laukhuf fails to teach, wherein during operation, the second fluid pathway is configured such that the pump depressurizes the heat rejecting heat exchanger as it draws the refrigerant flow into the refrigerant storage container, during operation, the pump depressurizes the heat rejecting heat exchanger.
Roth teaches wherein during operation (see Figure 6), a fluid pathway is configured such that a pump (28) depressurizes a heat rejecting heat exchanger (50) as it draws refrigerant flow into a refrigerant storage container (24), during operation, the pump (28) depressurizes the heat rejecting heat exchanger (50, Column 10, lines 51-55).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein during operation, the second fluid pathway is configured such that the pump depressurizes the heat rejecting heat exchanger as it draws the refrigerant flow into the refrigerant storage container to the structure of Laukhuf as taught by Roth in order to advantageously provide facilitate the refrigerant recovery from the system using a pump (see Roth, Column 10, lines 51-55).
Regarding Claim 2: Laukhuf teaches wherein the first fluid pathway (line from 12 to 32 to 50 to 36) extends from the refrigerant containing device (not shown, refrigeration system feeding the refrigerant, Column 3, lines 22-29), through the fluid interface (manifold 14), the pump (12), and the heat rejecting heat exchanger (36), and into the refrigerant storage container (40), and the second fluid pathway (line from 12 to 32 to 50 to 52 to 40) extends from the heat rejecting heat exchanger (36) through the pump (12) and into the refrigerant storage container (40, 12 to 50 to 52).
Regarding Claim 4: Laukhuf teaches wherein the first fluid pathway (line from 12 to 32 to 50 to 36) is configured such that during operation the pump (12) pressurizes the heat rejecting heat exchanger (36) as it pushes a refrigerant flow therethrough (see arrow flow).
Regarding Claim 6: Laukhuf teaches further comprising an oil separator (32) disposed in the first fluid pathway (line from 12 to 32 to 50) in fluid communication with, and interposed between, the pump (12) and the heat rejecting heat exchanger (36).
Regarding Claim 7: Laukhuf teaches further comprising an oil separator (32) disposed in the first fluid pathway (line from 12 to 32 to 50 to 36).
Regarding Claim 11: Laukhuf teaches further comprising a controller (46) in operable communication with the pump (12) and the plurality of valves (16, 50, 54) and configured to change an operating state of one or more valves (16, 50, 54) of the plurality of valves (16, 50, 54) to establish one of the first fluid pathway and the second fluid pathway (line from 12 to 32 to 50 to 52 to 40) based on one or more feedback conditions (Column 4, lines 41-57).
Regarding Claim 12: Laukhuf teaches wherein the one or more feedback conditions comprise at least one of a pressure of the refrigerant containing device, a pressure of the heat rejecting heat exchanger (via 56, Column 4, lines 10-16), a pressure of the refrigerant storage container, a pressure of the oil separator, a temperature of the refrigerant containing device, a temperature of the heat rejecting heat exchanger, a temperature of the refrigerant storage container, a temperature of the oil separator, or an elapsed time.
Regarding Claim 13: Laukhuf teaches wherein the establishment of the first fluid pathway (line from 12 to 32 to 50 to 36) is mutually exclusive with the establishment of the second fluid pathway (line from 12 to 32 to 50 to 52 to 40).
Regarding Claim 15: Laukhuf teaches a method of removing a refrigerant from a refrigerant containing device (not shown, refrigeration system feeding the refrigerant, Column 3, lines 22-29) comprising: pumping the refrigerant along a first fluid pathway (line from 12 to 32 to 50 to 36) from the refrigerant containing device (not shown, refrigeration system feeding the refrigerant, Column 3, lines 22-29) through a heat rejecting heat exchanger (36) and into a refrigerant storage container (40) until an initial pull-down threshold condition is satisfied (passing the refrigerant through evaporator 22); cooling the refrigerant as it passes through the heat rejecting heat exchanger (36); and pumping the refrigerant along a second fluid pathway (line from 12 to 32 to 50 to 52 to 40) from the heat rejecting heat exchanger (36) to the refrigerant storage container (40) until a final pull-down threshold condition is satisfied (Column 4, lines 41-57) and wherein the second fluid pathway (line from 12 to 32 to 50 to 52 to 40) is dead-ended upstream of the heat rejecting heat exchanger (50 to 52).
Laukhuf fails to teach depressurizing the heat rejecting heat exchanger when the refrigerant is pumped along the second fluid pathway, wherein, in the second fluid pathway, during operation, a pump depressurizes the heat rejecting heat exchanger.
Roth teaches depressurizing a heat rejecting heat exchanger (50) when the refrigerant is pumped along a fluid pathway (see Figure 6, condenser 50 is dead-ended upstream, valve 90 is closed), wherein, in the fluid pathway, during operation, a pump (28) depressurizes the heat rejecting heat exchanger (50, see Figure 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided depressurizing the heat rejecting heat exchanger when the refrigerant is pumped along the second fluid pathway, wherein, in the second fluid pathway, during operation, a pump depressurizes the heat rejecting heat exchange to the structure of Laukhuf as taught by Roth in order to advantageously provide facilitate the refrigerant recovery from the system using a pump (see Roth, Column 10, lines 51-55).
Regarding Claim 16: Laukhuf teaches wherein the initial pull-down threshold condition comprises reaching one or more of a predetermined pressure condition within the refrigerant containing device, a predetermined temperature condition within the refrigerant containing device, a predetermined pressure condition within the heat rejecting heat exchanger (via 56, Column 4, lines 10-16), a predetermined temperature condition within the heat rejecting heat exchanger, a predetermined pressure condition within the refrigerant storage container, a predetermined temperature condition within the refrigerant storage container, or a predetermined initial pull-down time duration.
Regarding Claim 17: Laukhuf teaches wherein the final pull-down threshold condition comprises reaching one or more of a predetermined pressure condition within the heat rejecting heat exchanger (via 56, Column 4, lines 10-16), a predetermined temperature condition within the heat rejecting heat exchanger, a predetermined pressure condition within the refrigerant storage container, a predetermined temperature condition within the refrigerant storage container, or a predetermined second pull-down time duration.
Regarding Claim 18. Laukhuf modified supra teaches further comprising at least partially obstructing (open valve 54 to 22 of Laukhuf) the second fluid pathway (line from 12 to 32 to 50 to 52 to 40 of Laukhuf modified by Roth, Figure 6) while the refrigerant is pumped along the first fluid pathway (cycled back to 12 of Laukhuf); and at least partially obstructing (switching 50 to 36 of Laukhuf) the first fluid pathway (line from 12 to 32 to 50 directly to 40 of Laukhuf) while the refrigerant is pumped along the second fluid pathway (into 52 of Laukhuf modified by Roth, Figure 6).
Regarding Claim 19: Laukhuf teaches further comprising pressurizing the heat rejecting heat exchanger (36) when the refrigerant is pumped (via 12) along the first fluid pathway (line from 12 to 32 to 50 to 36).
Regarding Claim 20: Laukhuf teaches further comprising: providing a refrigerant removal device (10) comprising the pump (12), the heat rejecting heat exchanger (36) and the refrigerant storage container (40) disposed in configurable fluid communication (see Figures 1-3), wherein the refrigerant removal device (10) is configurable between at least a first configuration establishing the first fluid pathway (line from 12 to 32 to 50 to 36) and a second configuration establishing the second fluid pathway (line from 12 to 32 to 50 to 52 to 40); configuring the refrigerant removal device (10) in the first configuration (see Figure 1); fluidly connecting the refrigerant containing device (not shown, refrigeration system feeding the refrigerant, Column 3, lines 22-29) to the refrigerant removal device (10); pumping the refrigerant with the pump (via 12) along the first fluid pathway (line from 12 to 32 to 50 to 36) while at least partially obstructing the second fluid pathway (open 54 to 22); cooling the refrigerant in the heat rejecting heat exchanger (36) before it enters the refrigerant storage container (40); receiving the refrigerant in the refrigerant storage container (40 via line 38); and pumping the refrigerant with the pump (12) along the second fluid pathway (line from 12 to 32 to 50 to 52 to 40) while at least partially obstructing the first fluid pathway (50 bypasses 36).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Laukhuf et al. (5,095,713), hereafter referred to as “Laukhuf,” in view of Roth (5,533,345), as applied to claim 1 above and further in view of Talarico (5,560,215).
Regarding Claim 5: Laukhuf modified supra fails to teach further comprising a second pump, and wherein the second pump is disposed in the second fluid pathway disposed in fluid communication with, and interposed between, the heat rejecting heat exchanger and the refrigerant storage container.
Talarico teaches a second pump (M2), and wherein the second pump (M2) is disposed in a second fluid pathway (line from HV4) disposed in fluid communication with, and interposed between, a heat rejecting heat exchanger (condenser C1) and a refrigerant storage container (connected by P4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a second pump, and wherein the second pump is disposed in the second fluid pathway disposed in fluid communication with, and interposed between, the heat rejecting heat exchanger and the refrigerant storage container to the structure of Laukhuf modified supra as taught by Talarico in order to advantageously provide move the condensed refrigerant into the storage container (see Talarico, Column 1, lines 65-67).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Laukhuf et al. (5,095,713), hereafter referred to as “Laukhuf,” in view of Roth (5,533,345), as applied to claim 1 above and further in view of Shen et al. (US 2020/0084918 A1), hereafter referred to as “Shen.”
Regarding Claim 8: Laukhuf modified supra fails to teach further comprising a pressure relief device disposed in fluid communication with the heat rejecting heat exchanger.
Shen teaches a pressure relief device (8) disposed in fluid communication with a heat rejecting heat exchanger (3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a pressure relief device disposed in fluid communication with the heat rejecting heat exchanger to the structure of Laukhuf modified supra as taught by Shen in order to advantageously relieve excess pressure in the system to ensure safety (see Shen, paragraph [0028]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Laukhuf et al. (5,095,713), hereafter referred to as “Laukhuf,” in view of Roth (5,533,345), as applied to claim 1 above and further in view of Yamada et al. (US 2021/0348816 A1), hereafter referred to as “Yamada.”
Regarding Claim 9: Laukhuf modified supra fails to teach wherein the refrigerant containing device contains a refrigerant to be recovered comprising a refrigerant having a 100-year global warming potential relative to a carbon dioxide reference gas of less than or equal to 2000.
Yamada teaches a refrigerant containing device contains a refrigerant to be recovered comprising a refrigerant having a 100-year global warming potential relative to a carbon dioxide reference gas of less than or equal to 2000 (paragraph [0008]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the refrigerant containing device contains a refrigerant to be recovered comprising a refrigerant having a 100-year global warming potential relative to a carbon dioxide reference gas of less than or equal to 2000 to the structure of Laukhuf modified supra as taught by Yamada in order to advantageously provide commercially available refrigerants (see Yamada, paragraph [0008]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Laukhuf et al. (5,095,713), hereafter referred to as “Laukhuf,” in view of Roth (5,533,345), as applied to claim 1 above and further in view of Ludwig (5,269,148).
Regarding Claim 10: Laukhuf modified supra fails to teach wherein the heat rejecting heat exchanger comprises a heat conducting coil disposed in thermal communication with a consumable heat sink.
Ludwig teaches a heat rejecting heat exchanger (63) comprises a heat conducting coil (49) disposed in thermal communication with a consumable heat sink (glycol bath 51).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the heat rejecting heat exchanger comprises a heat conducting coil disposed in thermal communication with a consumable heat sink to the structure of Laukhuf modified supra as taught by Ludwig in order to advantageously provide enhanced heat exchange (see Ludwig, Column 3, lines 1-9).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Laukhuf et al. (5,095,713), hereafter referred to as “Laukhuf,” in view of Roth (5,533,345), as applied to claim 1 above and further in view of Hancock et al. (5,168,721), hereafter referred to as “Hancock.”
Regarding Claim 14: Laukhuf modified supra fails to teach further comprising a movable structure configured to hold one or more of the fluid interface, the pump, the heat rejecting heat exchanger, the refrigerant storage container, or the plurality of valves.
Hancock teaches a movable structure (hand cart 10) configured to hold one or more of a fluid interface (53, 55), a pump (158), a heat rejecting heat exchanger (178), a refrigerant storage container (20), or a plurality of valves (44, 146, 154).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a movable structure configured to hold one or more of the fluid interface, the pump, the heat rejecting heat exchanger, the refrigerant storage container, or the plurality of valves to the structure of Laukhuf modified supra as taught by Hancock in order to advantageously provide a portable recovery system (see Hancock, Column 4, lines 4-10).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lower et el. (4,364,236).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRSTIN U OSWALD whose telephone number is (571)270-3557. The examiner can normally be reached 10 a.m. - 6 p.m. M-F.
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/KIRSTIN U OSWALD/Examiner, Art Unit 3763
/ERIC S RUPPERT/Primary Examiner, Art Unit 3763