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 Amendments
The amendments filed on October 31, 2025 have been entered. Accordingly, claims 4, 7-8, 10 and 19-20 have been canceled, wherein claims 1-3, 5-6, 9 and 11-18 are currently pending.
Claim Objections
The following claims are objected to because of informalities, wherein appropriate correction is required:
In claim 1: the recitation of “and fluid output” (in line 7) should be amended to –and the fluid output—, to avoid ambiguities and antecedent basis issues.
In claim 11:
The recitation of “and fluid output” (in line 2 of page 4) should be amended to –and the fluid output—, to avoid ambiguities.
The recitation of “a fluid from the compressor” (in line 5 of page 4) should be amended to –the fluid from the compressor—, to avoid ambiguities.
The recitation of “and fluid output” (in lines 5-6 of page 4) should be amended to –and the fluid output—, to avoid ambiguities.
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.
Claims 1-3, 5-6, 9 and 11-17 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 contains the following issues:
The claim recites “a fluid from the compressor” (in line 7) as well as “a refrigerant” (in line 13). As currently recited, it appears that anticipation or infringement of the claim requires both a fluid and a refrigerant (i.e., two separate fluids). It is unclear whether the refrigerant is the same as the fluid, or if it is in addition thereto. For examination purposes, the recitation of “a refrigerant” will be construed as –the fluid—.
The claim recites “the first heat exchanger” (in lines 15-16) without proper antecedent basis. It is unclear whether “the first heat exchanger” pertains to the “heat exchanger” of line 6. As currently recited, the claim can be ambiguously interpreted as requiring a separate “first heat exchanger”. For examination purposes, the recitation of “a heat exchanger” in line 6 will be construed as –a first heat exchanger—.
Claim 9 contains the following issues:
The claim recites “of the heat first heat exchanger” (in lines 4-5) without proper antecedent basis, which renders the scope of the claim unclear. It is unclear whether the claim was intended to simply recite “of the first heat exchanger”. For examination purposes, the quoted recitation will be construed as –of the first heat exchanger—.
Claim 11 contains the following issues:
The claim recites “a fluid from the expander” (in line 2 of page 4) as well as “a refrigerant” (in lines 7-8 of page 4). As currently recited, it appears that anticipation or infringement of the claim requires both a fluid and a refrigerant (i.e., two separate fluids). It is unclear whether the refrigerant is the same as the fluid, or if it is in addition thereto. For examination purposes, the recitation of “a refrigerant” will be construed as –the fluid—.
Any remaining claims are rejected at least by virtue of their dependency.
Allowable Subject Matter
Claim 18 is allowed. Claims 1-3, 5-6, 9 and 11-17 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action. The amendments filed on October 31, 2025 incorporate the previously-indicated allowable subject matter of now-canceled dependent claims. The prior art, when taken as a whole, does not appear to anticipate nor render prima facie obvious the claimed invention as currently recited in the claims. As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
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 MIGUEL A DIAZ whose telephone number is (313)446-6587. The examiner can normally be reached Monday - Friday: 9:00 AM - 5:00 PM Eastern Time.
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/MIGUEL A DIAZ/Primary Examiner, Art Unit 3763