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 .
Status
This Office Action is in response to the remarks and amendments filed 03/11/2026. The 35 U.S.C. 112(b) rejection has been withdrawn in light of the amendments filed. Claims 1-27 remain pending for consideration on the merits.
This Office Action contains a New Grounds of Rejection. Since this new grounds of rejection did not result from an amendment to the claims, this Office Action is being made non-final to afford the applicant the opportunity to respond to the new grounds of rejection.
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:
Vapor compression assembly in at least claim 1
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.
A review of the specification show that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
A vapor compression assembly appears to be described as including a vapor compression loop, circulating a working fluid through an evaporator, a condenser, a compressor, and an expansion valve in at least ¶ 0032 of the specification.
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 § 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.
Claims 1-11 and 14-27, are rejected under 35 U.S.C. 103 as being unpatentable over Ridder (US 20180209675 A1), and further in view of Kopko et al. (US 20190186801 A1, hereinafter “Kopko 801”).
Regarding Claim 1, Ridder teaches a heating, ventilation, air conditioning, and/or refrigeration (HVAC&R) system [Fig. 6], comprising:
a vapor compression assembly [610; ¶ 0111];
a free cooling assembly corresponding to a cooling fluid [water; ¶ 0112] and comprising an air cooled heat exchanger [602], an additional heat exchanger [606], a pump [620], and a valve [624, 626] [¶ 0111-0112; Fig. 6; apparent from inspection]; and
at least one controller [640] configured to:
receive data indicative of an ambient condition, an operating condition of the HVAC&R system, or both [¶ 0122; controller 640 operates based on sensors and weather forecasts, as well as sensors indicative of the building environment]; and
actuate, based on the data, the valve between:
a first setting in which the cooling fluid is directed to the additional heat exchanger and blocked from a condenser of the vapor compression assembly [¶ 0115, 0120; valve 624 may direct fluid through heat exchanger 606 while preventing fluid flow through condenser 612];
a second setting in which the cooling fluid is directed to the condenser and blocked from the additional heat exchanger [¶ 0115-0117; valve 624 may direct fluid through condenser 612 while preventing fluid flow through heat exchanger 606].
While Ridder discloses that the valves are electronically controlled by the controller to operate the equipment according to the variable state [¶ 0132], Ridder does not explicitly teach a third setting in which a first portion of the cooling fluid is directed to the additional heat exchanger and a second portion of the cooling fluid is directed to the condenser.
However, Kopko 801 teaches a refrigeration system [12; Fig. 4] comprising a refrigeration cycle [68] with at least a compressor [70], a condenser [72], an evaporator [66] and at least one valve [64] in a cooling fluid circuit [58] configured to flow cooling fluid depending on the cooling mode [¶ 0028], wherein the system is configured to cool a load [62] via heat exchange between at least a refrigerant [76] and a cooling fluid [58] [¶ 0031]. Kopko 801 further teaches wherein the system may operate in a plurality of modes, including free cooling, mechanical cooling, and hybrid cooling [¶ 0036]. Kopko 801 discloses that the combination of cooling modes utilizing separate fans and heat exchangers with predetermined factors may minimize total energy use of the compressors and/or fans based on experimental data, thereby improving the efficiency of the system [¶ 0057]. One of ordinary skill in the art could have combined the plurality of operating modes as claimed by known methods and that in combination, the plurality of operating modes would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. a combination of cooling modes utilizing separate fans and heat exchangers with predetermined factors may minimize total energy use of the compressors and/or fans based on experimental data, thereby improving the efficiency of the system [¶ 0057].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Ridder to have a third setting in which a first portion of the cooling fluid is directed to the additional heat exchanger and a second portion of the cooling fluid is directed to the condenser, in view of the teachings of Kopko 801 where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. providing additional free-cooling means to further cool refrigerant supplied to the evaporator, thereby improving the cooling efficiency and improving the system.
Regarding Claim 2, Ridder, as modified, teaches the HVAC&R system of claim 1 above and Ridder teaches comprising:
a condenser [612] of the vapor compression assembly; and
an evaporator [616] of the vapor compression assembly, wherein the additional heat exchanger [606] is configured to receive a process fluid corresponding to a process fluid loop [636], and the evaporator is configured to receive the process fluid from the additional heat exchanger in at least one operating mode of the HVAC&R system [¶ 0110-0115; chilled fluid circulates through cooling load 608 in the circuit 636 with the evaporator 616 and heat exchanger 606].
Regarding Claim 3, Ridder, as modified, teaches the HVAC&R system of claim 1 above and Ridder teaches comprising a sensor [at least 914] configured to detect an ambient temperature corresponding to the ambient condition [¶ 0122], wherein the at least one controller [640] is configured to receive, from the sensor, the data indicative of the ambient temperature corresponding to the ambient condition. [¶ 0122; controller 640 may provide control signals based on sensed data]
Regarding Claim 4, Ridder, as modified, teaches the HVAC&R system of claim 1 above and Ridder teaches wherein the at least one controller is configured to control a fan setting of a fan [604] of the air cooled heat exchanger based on the data [¶ 0120; the controller may operate the fan to change the airflow through the cooling tower].
Regarding Claim 5, Ridder, as modified, teaches the HVAC&R system of claim 1 above and Ridder teaches wherein the at least one controller is configured to control a compressor setting of a compressor [614] of the vapor compression assembly based on the data [¶ 0113, 0122; the controller may provide control signals for the HVAC equipment 930 (i.e. valves 624-630, chiller 610, etc.].
Regarding Claim 6, Ridder, as modified, teaches the HVAC&R system of claim 1 above and Ridder teaches wherein the at least one controller is configured to control, based on the data, a pump setting of the pump [620] and the pump is configured to bias the cooling fluid through the free cooling assembly [¶ 0120; the controller may operate the pump 620 to modulate flowrate of water through the circuit].
Regarding Claim 7, Ridder, as modified, teaches the HVAC&R system of claim 1 above and Ridder teaches wherein the additional heat exchanger comprises a plate frame heat exchanger [¶ 0111-0112; While Ridder does not explicitly disclose heat exchanger 606 as a plate frame heat exchanger, the disclosed heat exchanger is considered equivalent in function, as the disclosed heat exchanger is configured to transfer heat between chilled fluid to water/coolant to circulate heat through the cooling tower 602 and the cooling load 608. Also see Lazzari (US 20180224149 A1) ¶ 0091, as evidence demonstrating that plate frame heat exchangers are well-known in the art and are recognized as being interchangeable with other types heat exchangers].
Regarding Claim 8, Ridder, as modified, teaches the HVAC&R system of claim 1 above and Ridder teaches wherein the at least one controller is configured to receive an input indicative of an operating load or cooling demand of a load corresponding to the HVAC&R system, and the input corresponds to the data indicative of the operating condition of the HVAC&R system [¶ 0033; HVAC equipment 930 may provide operating data to controller 640 and may receive control signals from the controller, wherein the equipment operates in a manner to affect one or more variables measured by the sensors].
Regarding Claim 9, Ridder, as modified, teaches the HVAC&R system of claim 1, wherein the at least one controller is configured to receive one or more inputs indicative of a return temperature of the cooling fluid from a load corresponding to the HVAC&R system, a supply temperature of the cooling fluid to the load, or both, and the one or more inputs correspond to the data indicative of the operating condition of the HVAC&R system. [¶ 0128-0129; the sensors 914 may be configured to measure at least temperature of airflow provided to the building from an air handling unit (AHU), or configured to measure at least temperature of airflow provided to the AHU from the building].
Regarding Claim 10, Ridder, as modified, teaches the HVAC&R system of claim 1 above and Ridder teaches wherein the at least one controller is configured to receive one or more inputs indicative of a target return temperature of the cooling fluid from a load corresponding to the HVAC&R system, a target supply temperature of the cooling fluid to the load, or both, and the one or more inputs correspond to the data indicative of the operating condition of the HVAC&R system [¶ 00131; a user device 918 may allow a user to provide the controller with setpoints, operating parameters, manual values for measured variables, operating commands, manual state transition commands, and/or other types of user input].
Regarding Claim 11, Ridder, as modified, teaches the HVAC&R system of claim 1 above, and Kopko 801 further teaches comprising a heat recapture path [96] including:
a first heat recapture heat exchanger [97] configured to receive a process fluid [58] of a process fluid loop and a heat recapture fluid [96] [Fig. 4; apparent from inspection]; and
a second heat recapture heat exchanger [92] disposed downstream from the first heat recapture heat exchanger on the heat recapture path and configured to receive the heat recapture fluid and a working fluid of the vapor compression assembly [¶ 0040-0042].
Regarding Claim 14, Ridder, as modified, teaches the HVAC&R system of claim 1 above and Ridder teaches comprising:
a process fluid loop [636] configured to guide a process fluid through an evaporator [616] of the vapor compression assembly [Fig. 6; apparent from inspection], the additional heat exchanger [606], a high temperature load [608], and a low temperature load [608] [¶ 0110-0111; Ridder discloses that the cooling load may include a plurality of zones, such as building zones, supply airstream through ducts, airflow in an AHU, fluid flow through a heat exchanger, refrigerator, freezer, condenser, evaporator or any other type of system that requires cooling. Thus, certain examples such as air ducts or AHUs configured to distribute air throughout an entire building, may necessarily comprise more than a single cooling load/room]; and
a plurality of valves [628, 630] disposed in the process fluid loop [Fig. 6; apparent from inspection], wherein the controller [640] is configured to actuate the plurality of valves to control one or more flows of the process fluid to the high temperature load and the low temperature load [¶ 0115-0120; valves 628 and 630 may direct fluid through the cooling load 608 via heat exchanger 606 and evaporator 616].
Regarding Claim 15, Ridder, as modified, teaches the HVAC&R system of claim 14 above and Ridder teaches wherein the controller is configured to actuate the plurality of valves based on the data [¶ 0122; controller 640 may provide control signals based on sensed data].
Regarding Claim 16, Ridder teaches a control assembly of a heating, ventilation, air conditioning, and/or refrigeration (HVAC&R) system [Figs. 9-12], the control assembly comprising:
a sensor [914] configured to detect an ambient condition or operating condition of the HVAC&R system [¶ 0122; environmental conditions measured by 914]; and
at least one controller [640] configured to:
receive, from the sensor, feedback indicative of the ambient condition or operating condition [¶ 0122; the controller receives measurements from sensors 914];
actuate, based on the feedback, a valve [624, 626] of a free cooling assembly between a plurality of settings [¶ 0033; HVAC equipment may provide operating data to controller 640 and may receive control signals from the controller, wherein the equipment operates in a manner to affect one or more variables measured by the sensors], the plurality of settings including a first setting in which a cooling fluid of the free cooling assembly is directed toward a heat exchanger [606] of the free cooling assembly and not a vapor compression assembly [¶ 0115, 0120; valve 624 may direct fluid through heat exchanger 606 while preventing fluid flow through condenser 612], a second setting in which the cooling fluid is directed toward the vapor compression assembly and not the heat exchanger [¶ 0115-0117; valve 624 may direct fluid through condenser 612 while preventing fluid flow through heat exchanger 606], and
while Ridder discloses that the valves are electronically controlled by the controller to operate the equipment according to the variable state [¶ 0132], Ridder does not explicitly teach at least one third setting in which a first portion of the cooling fluid is directed toward the heat exchanger and a second portion of the cooling fluid is directed toward the vapor compression assembly.
However, Kopko 801 teaches a refrigeration system [12; Fig. 4] comprising a refrigeration cycle [68] with at least a compressor [70], a condenser [72], an evaporator [66] and at least one valve [64] in a cooling fluid circuit [58], configured to flow cooling fluid depending on the cooling mode [¶ 0028], wherein the system is configured to cool a load [62] via heat exchange between at least a refrigerant [76] and a cooling fluid [58] [¶ 0031]. Kopko 801 further teaches wherein the system may operate in a plurality of modes, including free cooling, mechanical cooling, and hybrid cooling [¶ 0036]. Kopko 801 discloses that the combination of cooling modes utilizing separate fans and heat exchangers with predetermined factors may minimize total energy use of the compressors and/or fans based on experimental data, thereby improving the efficiency of the system [¶ 0057]. One of ordinary skill in the art could have combined the plurality of operating modes as claimed by known methods and that in combination, the plurality of operating modes would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. a combination of cooling modes utilizing separate fans and heat exchangers with predetermined factors may minimize total energy use of the compressors and/or fans based on experimental data, thereby improving the efficiency of the system [¶ 0057].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Ridder to have a third setting in which a first portion of the cooling fluid is directed to the additional heat exchanger and a second portion of the cooling fluid is directed to the condenser, in view of the teachings of Kopko 801 where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. providing additional free-cooling means to further cool refrigerant supplied to the evaporator, thereby improving the cooling efficiency and improving the system.
Regarding Claim 17, Ridder, as modified, teaches the control assembly of claim 16 above and Ridder teaches wherein the at least one controller is configured to control, based on the feedback, a fan setting of a fan [604] of an air cooled heat exchanger [602] of the free cooling assembly, wherein the air cooled heat exchanger is separate from the heat exchanger [606] [Fig. 6; apparent from inspection].
Regarding Claim 18, Ridder, as modified, teaches the control assembly of claim 16 above and Ridder teaches wherein the at least one controller is configured to control, based on the feedback, a compressor setting of a compressor [614] of the vapor compression assembly [¶ 0113, 0122; the controller may provide control signals for the HVAC equipment 930 (i.e. valves 624-630, chiller 610, etc.].
Regarding Claim 19, Ridder, as modified, teaches the control assembly of claim 16 above and Ridder teaches wherein the at least one controller is configured to control, based on the feedback, a pump setting of a pump [620] of the free cooling assembly, wherein the pump is configured to bias the cooling fluid through the free cooling assembly [¶ 0120; the controller may operate the pump 620 to modulate flowrate of water through the circuit].
Regarding Claim 20, Ridder, as modified, teaches the control assembly of claim 16 above and Ridder teaches wherein the at least one controller is configured to actuate the valve between the plurality of settings based on additional feedback separate from the feedback and indicative of an operating load or cooling demand [¶ 0115-0122, 0128-0129; Figs. 6-9; the controller receives temperature of air and determines how to transition into the next cooling stage].
Regarding Claim 21, Ridder, as modified, teaches the control assembly of claim 16 above and Ridder teaches comprising controlling a pump [622] configured to bias a process fluid through a process fluid loop [636], wherein the process fluid loop is configured to direct the process fluid from the heat exchanger to an evaporator of the vapor compression assembly [¶ 0110-0115; chilled fluid circulates through cooling load 608 in the circuit 636 with the evaporator 616 and heat exchanger 606] [¶ 0118; controller 640 may operate pump 622 to modulate the flow rate through the circuit].
Regarding Claim 22, Ridder teaches a method of operating a heating, ventilation, air conditioning, and/or refrigeration (HVAC&R) system [Fig. 6], comprising:
receiving, via at least one controller [640], first data indicative of a first value of an ambient condition or operating condition of the HVAC&R system [¶ 0122; controller 640 operates based on sensors and weather forecasts, as well as sensors indicative of the building environment];
controlling, via the at least one controller and based on the first data, a valve [624, 626] to a first setting in which a cooling fluid of a free cooling assembly is directed toward a heat exchanger of the free cooling assembly and not a condenser of a vapor compression assembly [610] [¶ 0115, 0120; valve 624 may direct fluid through heat exchanger 606 while preventing fluid flow through condenser 612];
receiving, via the at least one controller, second data indicative of a second value of the ambient condition or operating condition of the HVAC&R system, the second value being different than the first value [Because controls procedures function as a loop, upon initial control of the valve to operation of the system, the cooling state of the system obviously changes and therefore obviously returns another value different form the first];
controlling, via the at least one controller and based on the second data, the valve to a second setting in which the cooling fluid is directed toward the condenser and not the heat exchanger [¶ 0115-0117; valve 624 may direct fluid through condenser 612 while preventing fluid flow through heat exchanger 606];
receiving, via the at least one controller, third data indicative of a third value of the ambient condition or operating condition of the HVAC&R system, the third value being different than the first value and the second value [Because controls procedures function as a loop, upon initial control of the valve to operation of the system, the cooling state of the system obviously changes and therefore obviously returns another value different form the second].
While Ridder discloses that the valves are electronically controlled by the controller to operate the equipment according to the variable state [¶ 0132], Ridder does not explicitly teach controlling, via the at least one controller and based on the third data, the valve to a third setting in which a first portion of the cooling fluid is directed toward the heat exchanger and a second portion of the cooling fluid is directed toward the condenser.
However, Kopko 801 teaches a refrigeration system [12; Fig. 4] comprising a refrigeration cycle [68] with at least a compressor [70], a condenser [72], an evaporator [66] and at least one valve [64] in a cooling fluid circuit [58], configured to flow cooling fluid depending on the cooling mode [¶ 0028], wherein the system is configured to cool a load [62] via heat exchange between at least a refrigerant [76] and a cooling fluid [58] [¶ 0031]. Kopko 801 further teaches wherein the system may operate in a plurality of modes, including free cooling, mechanical cooling, and hybrid cooling [¶ 0036] Kopko 801 discloses that the combination of cooling modes utilizing separate fans and heat exchangers with predetermined factors may minimize total energy use of the compressors and/or fans based on experimental data, thereby improving the efficiency of the system [¶ 0057]. One of ordinary skill in the art could have combined the plurality of operating modes as claimed by known methods and that in combination, the plurality of operating modes would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. a combination of cooling modes utilizing separate fans and heat exchangers with predetermined factors may minimize total energy use of the compressors and/or fans based on experimental data, thereby improving the efficiency of the system [¶ 0057].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Ridder to have a third setting in which a first portion of the cooling fluid is directed to the additional heat exchanger and a second portion of the cooling fluid is directed to the condenser, in view of the teachings of Kopko 801 where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. providing additional free-cooling means to further cool refrigerant supplied to the evaporator, thereby improving the cooling efficiency and improving the system.
Regarding Claim 23, Ridder, as modified, teaches the method of claim 22 above and Ridder teaches comprising:
sinking heat from a working fluid of the vapor compression assembly [632] to the cooling fluid when the cooling fluid is present at the condenser [¶ 0112; condenser 612 may transfer heat between refrigerant in circuit 634 and water in cooling circuit 632]; and
sinking heat from a process fluid of a process fluid loop [636] to the cooling fluid when the cooling fluid is present at the heat exchanger [¶ 0111; heat exchanger 606 may transfer heat between chilled fluid circulating from circuit 632 and fluid circulating from circuit 636]; and
directing the process fluid of the process fluid loop from the heat exchanger to an evaporator of the vapor compression assembly [¶ 0110-0115; chilled fluid circulates through cooling load 608 in the circuit 636 with the evaporator 616 and heat exchanger 606].
Regarding Claim 24, Ridder, as modified, teaches the method of claim 23 above and Kopko 801 further teaches comprising directing the process fluid of the process fluid loop [58] from a load [62] to the heat exchanger [97, 56], from the heat exchanger to the evaporator [66], and from the evaporator to the load [¶ 0037-0039; Fig. 4; apparent from inspection, fluid from valve 64 may flow through the heat exchangers before rejoining line 58 downstream of 64 and flowing to evaporator 66];
Regarding Claim 25, Ridder, as modified, teaches the method of claim 22 above and Ridder further teaches comprising cooling the cooling fluid via an air cooled heat exchanger [602] of the free cooling assembly [¶ 0111-0112; Fig. 6; apparent from inspection].
Regarding Claim 26, Ridder, as modified, teaches the method of claim 25 above and Ridder further teaches comprising controlling, via the at least one controller, a fan setting of a fan [604] of the air cooled heat exchanger based on the first value at a first point in time, the second value at a second point in time different than the first point in time, and the third value at a third point in time different than the first point in time and the second point in time [¶ 0120; the controller may operate the fan to change the airflow through the cooling tower] [Because controls procedures function as a loop, upon initial control of the system in response to a first or second value, the cooling state of the system obviously changes and therefore obviously returns another value different form the first, at another time];
Regarding Claim 27, Ridder, as modified, teaches the method of claim 22 above and Ridder teaches comprising controlling, via the at least one controller, the valve based on an operating load or cooling demand of the HVAC&R system [¶ 0122; controller 640 may provide control signals based on sensed data].
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ridder and Kopko 801 as applied to claim 1 above, and further in view of Tolouei Asbforoushani et al. (US 20200284480 A1, hereinafter “Tolouei”).
Regarding Claim 12, Ridder, as modified, teaches the HVAC&R system of claim 1 above and while Ridder discloses that the HVAC equipment may include any known type of equipment to be operated by the controller (i.e. chillers, boilers, AHUs, economizers, controllers, actuators, fans, pumps, electronic valves, etc.) in order to affect a variable state of the building [¶ 0132] Ridder does not explicitly disclose an additional cooling loop corresponding to an additional cooling fluid; and a wet economizer heat exchanger configured to receive a process fluid of a process fluid loop and the additional cooling fluid.
However Tolouei teaches an evaporative fluid-cooler with an integrated mechanical cooling system [Fig. 4], the system comprising a vapor compression system of at least a compressor [118], a condenser [109] and an evaporator [117] [¶ 0049], wherein the system is configured to exchange heat with a process fluid [112-116] in order to cool a load, such as a data center [¶ 0051-0052; Figs. 2-3]. Tolouei further teaches a coil [108] configured to exchange heat with the process fluid and a cooling water via an additional water spray system [401] ¶ 0046-0048, 0056]. Tolouei discloses that using a water spray system results in less air pressure drop on the air side of the fluid cooler and less power consumption to move the air outside [¶ 0055]. One of ordinary skill in the art could have combined the wet economizer system as claimed by known methods and that in combination, the wet economizer system would perform the same function as it did separately, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. using a water spray system results in less air pressure drop on the air side of the fluid cooler and less power consumption to move the air outside, thereby improving the system [¶ 0055].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Ridder to have an additional cooling loop corresponding to an additional cooling fluid; and a wet economizer heat exchanger configured to receive the process fluid and the additional cooling fluid, in view of the teachings of Tolouei where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. using a water spray system results in less air pressure drop on the air side of the fluid cooler and less power consumption to move the air outside, thereby improving the system.
Regarding Claim 13, Ridder, as modified, teaches the HVAC&R system of claim 12 above and Tolouei teaches wherein:
the additional cooling loop comprises a cooling tower [water tank 402] [Fig. 4] and a pump [404] configured to bias the additional cooling fluid between the wet economizer heat exchanger and the cooling tower [¶ 0055-0057; pump 404 pumps water from tank 403 to the water spray system 401 to be sprayed on coils 108]; and
the at least one controller is configured to control a fan setting of a fan [110] of the cooling tower based on at least one of the required cooling capacity or availability of water [¶ 0035-0037; the system may operate in a plurality of modes (i.e. dry, wet, wet with assisted DX, etc.) wherein in each mode, the exhaust fans may modulate in order to optimize the power and water consumption of the fluid cooler].
Response to Arguments
On pages 11-13 of the remarks, Applicant argues that the currently applied prior art does not render obvious the current independent claim 1. Applicant’s arguments have been considered but are not persuasive.
Specifically, Applicant discusses how valve 64 of Kopko ‘801 is allegedly flowing refrigerant, not the cooling fluid as represented in the instant invention. The previous Office Action appears to contain the typographical error stating that valve 64 flows refrigerant. As Applicant pointed out, this is incorrect. However, upon inspection of cited ¶ [0028] and Fig. 4 of Kopko ‘801, the prior art does disclose 64 as a three-way valve flowing a cooling fluid (as indicative of circuit 58 providing fluid via a pump). The thrust of the rejection remains entirely the same, as the rejection relied on the interpretation of valve 64 being disposed in the cooling fluid circuit 58, and simply contained a typographical error describing the fluid as refrigerant, when the prior art discloses it as cooling fluid. Accordingly, Applicant’s arguments are moot, as the typographical error has been corrected to accurately portray the thrust of the invention.
On pages 12-13 of the remarks, Applicant argues that one of ordinary skill in the art would not recognize to combine Kopko ‘801 with Ridder, because of the alleged difference between a heat exchanger functioning as an evaporator or a condenser. Applicant’s arguments have been considered but are not persuasive.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Simply because Kopko ‘801 describes flow to an evaporator [66], does not mean the fluid does not also flow to other heat exchangers that function as a condenser. Specifically, see at least heat exchangers 97 and 56, in communication with valve 64, wherein the heat exchangers are described as air-cooled heat exchangers, and thus necessarily operate similar to a condenser, as an airflow 96 and 59 flow over said heat exchangers to respective condensers 92 and 72 [See Fig. 4]. Kopko ‘801 is therefore considered pertinent to the disclosure as it discusses a similar field of endeavor (i.e. HVAC or refrigeration/cooling circuits). Accordingly, the rejection in maintained.
Additionally or alternatively, it is well known in the art that the terms “evaporator” and “condenser” are merely functional descriptions applied to a heat exchanger depending on the mode of operation and what said heat exchanger is doing (i.e. heating or cooling). Therefore, even assuming Kopko ‘801 didn’t teach other condensers, which the Examiner believes it does, the evaporator may still be considered capable of performing the function, since the structure of a heat exchanger is capable of performing the intended use of being an evaporator or a condenser, and therefore may meet the claim limitation. Specifically, whether or not heat exchanger 66 is operating as an evaporator or a condenser is reliant on the flow of refrigerant in circuit 76, and is not reliant on the operation accomplished by the structure of cooling circuit 58. Accordingly, the rejection in maintained.
On page 13 of the remarks, Applicant generally disagrees with a hypothetical combination of Ridder and Kopko ‘801. Specifically, Applicant appears to be discussing the alleged evaporators vs. condenser difference as discussed above. This distinction has been addressed above, however to reiterate, the disclosure of Kopko ‘801 appears to indicate air cooled heat exchanger 97 and 56 as condensers, as they share a heat flow with condensers 92 and 72 via air streams 96 and 59 [See Fig. 4], and thus the discussion regarding evaporator 66 is moot. Accordingly, the rejection in maintained.
On page 14 of the remarks, Applicant argues that at least claims 12 and 13 are allegedly allowable based on their dependency to an allegedly allowable independent claim. As the claims have been addressed above, the rejection is therefore maintained.
Conclusion
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/KEITH STANLEY MYERS/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
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