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 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: throttling device (i.e. device [for] throttling) in claims 1-5 and 9-10.
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.
In the case of “throttling device”, the corresponding structure is found in par 0024 and 0025: “the first throttling device 82 and the second throttling device 81 are both expansion valves, such as electronic expansion valves” and “The additional throttling device 904 can be an expansion valve, such as an electronic expansion valve”.
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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2 and 4-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iwata (US 2021/0372671 A1).
Regarding claim 1, Iwata heat pump system (see Fig 1), comprising:
a compressor (main compressors 21 and 22) having a compressor inlet (suction side of 21) and a compressor outlet (discharge side of 22);
a reversing valve (switching valve 23, 24) configured to selectively connect the compressor inlet and the compressor outlet to a first flow path (path with heat source side heat exchangers 25, 26) and a second flow path (path with usage side heat exchanger 72a/72b);
a heat source-side heat exchanger on the first flow path (heat source side heat exchanger 25, 26);
a user-side heat exchanger on the second flow path (usage side heat exchanger 72a/72b);
a first branch (at least side of bridge 40 that contains check mechanisms 41 and 42) and a second branch (at least side of bridge 40 that contains expansion mechanism 44 and check mechanism 43 and refrigerant line between points G and J, see fig. 2) between the first flow path and the second flow path (bridge 40 between heat exchangers 25 and 72, see paragraph 39), wherein the first branch is provided with a first valve and a second valve (check mechanisms 41 and 42), and the second branch is provided with a first throttling device (expansion valve 44, see fig. 2), a second throttling device (expansion valve 27, 33, 71, see fig. 2 and paragraphs 40-41) and a check mechanism 43 (expansion mechanism 44 and check mechanism 43); and
an economizer (economizer heat exchanger 32) connected between a first position between the first valve and the second valve on the first branch (branch 32a of HX 32 connected between valves 41, 42, see below annotated Fig A) and a second position between the first throttling device (expansion mechanism 44) and the check mechanism 43 on the second branch and the second throttling device (economizer 32 connected at a second position, see annotated Fig A, wherein the second position is between expansion valves 27, 44 and valves 44 and 71, see fig. 2), and discloses a second throttling device (expansion mechanism 71a/71b);
wherein the heat pump further comprises a controller (Iwata control unit 9) that controls the first throttling device and the second throttling device (Iwata par 0082: control unit controls constituent devices including expansion mechanisms, e.g. 44, 71a, 71b etc.), where the controller is configured to turn off the first throttling device (Iwata par 0087: “At the time of the cooling operation, […] the first downstream-side main expansion mechanism 44 […] are closed) and allow the second throttling device to play a throttling role in a cooling mode (Iwata par 0103), and allow the first throttling device to play a throttling role in a heating mode (Iwata par 0106: “At the time of the heating operation, […] the first downstream-side main expansion mechanism 44 […] are opened; see also Iwata par 0123);
wherein in a cooling mode (see cooling mode, figs. 2-3 and paragraphs 24-25) refrigerant flows in sequence from the compressor outlet (through compressor 22 and via point E, see fig. 2), through a heat source-side heat exchanger (through HX 25), through the first valve (through 41), through the economizer (through branch 32a of economizer 32), through the second throttling device (through second expansion valve 27, see fig. 2), through the user-side heat exchanger (through HX 72a, 72b) and to the compressor inlet (via refrigerant path 12 and point A to inlet of compressor 21, see fig. 2, where flow of refrigerant is shown by arrows on refrigerant paths);
wherein in a heating mode (see cooling mode, figs. 4-5 and paragraphs 26-27) refrigerant flows in sequence from the compressor outlet (through compressor 22 and via point E towards refrigerant path 12, see fig. 4), through the user-side heat exchanger (through HX 72a, 72b, see fig. 4), through the second valve (via line 11 and then through valve 42, see fig. 4), through the economizer (through branch 32a of economizer 32, see fig. 4), through the first throttling device (via point I and through first expansion valve 44, see fig. 4), through the heat source-side heat exchanger (through HX25 towards switching valve 23, see fig. 4) and to the compressor inlet (returning refrigerant via point A to the inlet side of compressor 21, see fig. 4).
Regarding claim 2, Iwata further discloses wherein the compressor is an Enhanced Vapor Injection compressor (see par 0040), where the Enhanced Vapor Injection compressor further comprises an air supplement port (suction side of 22 located at point “D” in Fig 1), and the economizer comprises a port connected with the air supplement port (end of 32b of economizer 32, see par 0040).
Regarding claim 4, Iwata further discloses wherein the economizer (heat exchanger 32) is a heat exchanger comprising a first pipeline (32a) and a second pipeline (32b), where the first pipeline is connected between the first position and the second position (see annotated Fig A, 32a), and a branch path (31a) is branched out at a third position (annotated Fig A) between the first position or the second position and the economizer (see annotated Fig A), wherein the branch path is provided with an additional throttling device (injection expansion mechanism 33), and is connected to the air supplement port of the compressor through the second pipeline of the economizer (path 31a is connected to suction side of 22 at point “D”-see Fig 1- via 32b).
Regarding claim 5, Iwata further discloses wherein the first valve is a check valve that only allows refrigerant fluid to flow from the first flow path to the first position (check mechanism 41 and see annotated Fig A), and the second valve is a check valve that only allows refrigerant fluid to flow from the second flow path to the first position (check mechanism 42 and annotated Fig A).
Regarding claim 6, Iwata further discloses that the first throttling device and the second throttling device are expansion valves (see expansion valves 44, 27 and 33, paragraphs 39-41).
Claim Rejections - 35 USC § 103
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwata as applied to claim 2 above, and further in view of Furui (US 20110232325 A1).
Regarding claim 3, Iwata teaches the limitations of claim 2 and further discloses that after the economizer (after passing economizer heat exchanger 32) gas-phase refrigerant is delivered to the air supplement port of the compressor (Iwata Figs 3, 5, gaseous refrigerant at point D is delivered to compressor 22), and liquid-phase refrigerant is delivered to the first throttling device or the second throttling device (Iwata Figs 2-5 and paragraphs 40-41, liquid refrigerant at points, I, G, H or F is delivered to expansion valves 44 or 27).
However, Iwata does not disclose wherein the economizer is a flash tank, an inlet of the flash tank being connected to the first position, a gas-phase outlet of the flash tank being connected to the air supplement port, and a liquid-phase outlet of the flash tank being connected to the second position.
Furui teaches wherein an economizer is a flash tank (Furui Fig 10 gas liquid separator 36/46), an inlet of the flash tank being connected to the first position (annotated Fig B), a gas-phase outlet of the flash tank being connected to the air supplement port (annotated Fig B), and a liquid-phase outlet of the flash tank being connected to the second position (annotated Fig B, liquid-phase outlet is connected to second position via 46; it is noted that liquid phase outlet of 46 is also connected to second position).
The substitution of one known element (gas liquid separator, as taught in Furui) for another (heat exchanger 32, as disclosed by Iwata) would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, since the substitution of the gas liquid separator taught in Furui for the heat exchanger of Iwata would have yielded predictable results, namely, making use of the gas liquid separator in the same manner heat exchanger 32 of Iwata to provide a vapor injection to the compressor (see KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007)): such would provide the benefit of improving heating capacity and efficiency.
Claim(s) 8, 9 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwata (US 20210372671 A1) as applied to claim 1 above and in view of Hara (JP 2003139429 A).
Regarding claim 8, Iwata teaches the limitations of claim 1 except that the first valve and the second valve are cut-off valves, and the controller is configured to control the first valve and the second valve, so that the first valve is turned on and the second valve is turned off in the cooling mode, and the second valve is turned on and the first valve is turned off in the heating mode.
However, Hara further discloses wherein a first valve and a second valve are cut-off valves (Hara Fig 8 expansion valves EV-1 and EV-2), the first valve (Hara EV-1) is turned on and the second valve (Hara EV-2) is turned off in the cooling mode (Hara par 0109), and the second valve (Hara EV-2) is turned on and the first valve (Hara EV-1) is turned off in the heating mode (Hara par 0110).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the system of Modified Iwata with wherein the first valve and the second valve are cut-off valves, and the controller is configured to control the first valve and the second valve, so that the first valve is turned on and the second valve is turned off in the cooling mode, and the second valve is turned on and the first valve is turned off in the heating mode, as taught by Hara, as doing so would benefit the system of Modified Iwata by allowing cut-off of refrigerant to a particular pipeline such as when maintenance is required. Examiner notes that Iwata in view of Hara together disclose the controller is configured to control the first valve and the second valve, since Iwata discloses that the controller functions to control valves with on/off functionality (see Iwata par 0082).
Regarding claim 9, Iwata discloses a control method of a heat pump system for use in the heat pump system according to claim 1 (see rejection of claim 1 above), the method comprising:
turning off the first throttling device (Iwata par 0087: “At the time of the cooling operation, […] the first downstream-side main expansion mechanism 44 […] are closed) and allowing the second throttling device to play a throttling role in the cooling mode (Iwata par 0103), so that refrigerant passes through the first valve, the economizer and the second throttling device in turn (see arrows in Iwata Fig 2: refrigerant passes through 41 to 32 and then to second throttle valve 27, see fig. 2); and
allowing the first throttling device to play a throttling role in the heating mode (Iwata par 0106: “At the time of the heating operation, […] the first downstream-side main expansion mechanism 44 […] are opened; see also Iwata par 0123), so that refrigerant passes through the second valve, the economizer and the first throttling device in turn (see arrows in Iwata Fig 4: refrigerant passes through 42 to 32 and then to expansion mechanism 44).
However, Iwata does not disclose turning off the second throttling device during heating mode.
Hara teaches a bridge circuit 40 with a second branch that is provided with a first and a second throttling device (Hara Fig 8 EV-3, and EV-4), and turning off the second throttling device during heating operation (opening valve EV-3 while refrigerant is supplied from valve 13 towards bridge 40 through heat exchanger 11 and closing expansion valve E4 to direct refrigerant from bridge 40 towards heat exchanger 12, see fig. 8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the heating operation of refrigerant circuit of the heat pump of Iwata by closing the second throttle device on a second branch as taught in Hara for heating operation at the heat pump of Iwata because it would have yielded predictable results, namely, making use of a throttle device on the second branch in the same manner as using check mechanism 43 and expansion mechanism 71a/71b to direct and expand refrigerant delivered to the utilization side heat exchanger (see KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007)): such would provide the benefit of reducing the number of valves required by the system, thereby reducing costs. The modification would result in expansion mechanisms 71a/71b being consolidated to use one expansion mechanism positioned at the location of the bridge to allow refrigerant from the economizer to pass through the heat source side heat exchanger to the compressor.
Regarding claim 11, Iwata further discloses using a heat exchanger (Iwata heat exchanger 32) comprising a first pipeline (32a) and a second pipeline (32b) as the economizer, and dividing the refrigerant into a first part and a second part before it enters the first pipeline or after it leaves the first pipeline (Iwata see arrows in Fig 4 depicting refrigerant separated before leaving 32a at the point labelled “third position” in annotated Fig A), wherein the first part of the refrigerant is delivered to the first throttling device or the second throttling device (Iwata Fig 4 and paragraphs 40-41, refrigerant is delivered to expansion valves 44, 27 and 33), and the second part of the refrigerant is delivered to the air supplement port of the compressor (Iwata Fig 4, refrigerant delivered via path 31a to suction side of 22 at point “D”-see Fig 4- via 32b) after passing through an additional throttling device (Iwata injection expansion mechanism 33) and then through the second pipeline of the economizer (Iwata 32b of heat exchanger 32).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwata as applied to claim 9 above, and further in view of Furui (US 20110232325 A1).
Regarding claim 10, Iwata as modified teaches the limitations of claim 9 and further discloses that after the economizer (after passing economizer heat exchanger 32) gas-phase refrigerant is delivered to the air supplement port of the compressor (Iwata Figs 3, 5, gaseous refrigerant at point D is delivered to compressor 22), and liquid-phase refrigerant is delivered to the first throttling device or the second throttling device (Iwata Figs 2-5 and paragraphs 40-41, liquid refrigerant at points, I, G, H or F is delivered to expansion valves 44 or 27).
However, Iwata does not disclose using a flash tank as an economizer, so that after refrigerant enters the flash tank.
Furui teaches using a flash tank as an economizer (Furui Fig 10 gas liquid separator 36/46), so that after refrigerant enters the flash tank (see annotated Fig B: refrigerant--see arrows-- enters 36 at point labelled “inlet”), gas-phase refrigerant is delivered to the air supplement port of the compressor (see annotated Fig B: refrigerant from “gas-phase outlet” delivered to “air supplement port”), and liquid-phase refrigerant is delivered to two valves on a bridge circuit (annotated Fig B: liquid-phase refrigerant from “liquid-phase outlet” is delivered to valves 18 and 19).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the method of Modified Iwata with using a flash tank as an economizer, so that after refrigerant enters the flash tank, gas-phase refrigerant is delivered to the air supplement port of the compressor, and liquid-phase refrigerant is delivered to the first throttling device or the second throttling device, as taught by Furui, as doing so would benefit the method of Modified Iwata by improving heating capacity and efficiency. It is noted that Modified Iwata discloses that the liquid-phase refrigerant is delivered to the first throttling device or the second throttling device, since Iwata teaches the first throttling device or the second throttling device (see rejection of claim 1).
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Response to Arguments
Applicant’s arguments, see pages 2-4 of Remarks, filed 07/07/2025, with respect to the rejection(s) of claim(s) 1 under 35 USC 103 over Iwata in view of Hara have been fully considered and are persuasive with respect to the amendment of claims. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Iwata under 35 USC 102.
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 MERAJ A SHAIKH whose telephone number is (571)272-3027. The examiner can normally be reached M-R 9:00-1:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached at 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MERAJ A SHAIKH/ Examiner, Art Unit 3763 /JOEL M ATTEY/Primary Examiner, Art Unit 3763
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