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 11/20/2025. A portion of the objections to the abstract have been withdrawn in light of the amendments filed. A portion of the 112(b) rejections have been withdrawn in light of the remarks and amendments filed. Claims 7, 10 and 17 have been canceled. Claims 1-6, 8-9, 11-16 and 18-20 remain pending for consideration on the merits.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/28/2025 was filed on or after the mailing date of the Application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the abstract includes phrases which can be implied, such as “A hybrid multi-air conditioning system and method are provided”. The phrase does not aid in understanding the invention and said phrasing is expressly discouraged in order to clearly and concisely describe the invention. Correction is required. See MPEP § 608.01(b).
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 1-6, 8-9, 11-16 and 18-20 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.
Regarding Claim 1, the claim recites a method and an apparatus in the same claim. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112, second paragraph. MPEP 2173,05(p) (11); and See In re Katz Interactive Call Processing Patent litigation, 639 F.3d 1303 (Fed. Cir. 2011). In particular, independent claim 1 recites a “hybrid multi-air conditioning system”. The limitation “hybrid multi-air conditioning system” is treated as an apparatus; however, the subsequent limitations require the performance of a method (i.e. in a…operation mode), being drafted as having steps (i.e. is opened, is closed) performed by the “hybrid multi-air conditioning system”. As such, the claims recite both an apparatus and method steps using the apparatus in the same claim and the claim and all claims depending therefrom are thus indefinite.
Applicant may overcome the rejection and all similar rejections by positively reciting the claimed function to define the structure, wherein in a given mode, the valve is opening or the valve is closing, as opposed to the recitation of a step (i.e. is opened or is closed).
Regarding Claim 9, the claim recites a method and an apparatus in the same claim. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112, second paragraph. MPEP 2173,05(p) (11); and See In re Katz Interactive Call Processing Patent litigation, 639 F.3d 1303 (Fed. Cir. 2011). In particular, independent claim 1 recites a “hybrid multi-air conditioning system”. The limitation “hybrid multi-air conditioning system” is treated as an apparatus; however, the subsequent limitations require the performance of a method (i.e. in a…operation mode). The method limitations are drafted as steps (i.e. is opened, is closed) performed by the “hybrid multi-air conditioning system”. As such, the claims recite both an apparatus and method steps using the apparatus in the same claim and the claim and all claims depending therefrom are thus indefinite.
Regarding Claim 12, the claim recites a method and an apparatus in the same claim. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112, second paragraph. MPEP 2173,05(p) (11); and See In re Katz Interactive Call Processing Patent litigation, 639 F.3d 1303 (Fed. Cir. 2011). In particular, independent claim 1 recites a “hybrid multi-air conditioning system”. The limitation “hybrid multi-air conditioning system” is treated as an apparatus; however, the subsequent limitations require the performance of a method (i.e. in the…operation mode). The method limitations are drafted as steps (i.e. when…is a reference temperature, when…is higher, is opened, is closed) performed by the “hybrid multi-air conditioning system”. As such, the claims recite both an apparatus and method steps using the apparatus in the same claim and the claim and all claims depending therefrom are thus indefinite.
Regarding Claim 13, the claim recites a method and an apparatus in the same claim. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112, second paragraph. MPEP 2173,05(p) (11); and See In re Katz Interactive Call Processing Patent litigation, 639 F.3d 1303 (Fed. Cir. 2011). In particular, independent claim 1 recites a “hybrid multi-air conditioning system”. The limitation “hybrid multi-air conditioning system” is treated as an apparatus; however, the subsequent limitations require the performance of a method (i.e. in the…operation mode). The method limitations are drafted as steps (i.e. when…is a reference temperature, when…is higher, is opened, is closed) performed by the “hybrid multi-air conditioning system”. As such, the claims recite both an apparatus and method steps using the apparatus in the same claim and the claim and all claims depending therefrom are thus indefinite.
Regarding Claim 14, the claim recites a method and an apparatus in the same claim. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112, second paragraph. MPEP 2173,05(p) (11); and See In re Katz Interactive Call Processing Patent litigation, 639 F.3d 1303 (Fed. Cir. 2011). In particular, independent claim 1 recites a “hybrid multi-air conditioning system”. The limitation “hybrid multi-air conditioning system” is treated as an apparatus; however, the subsequent limitations require the performance of a method (i.e. in the…operation mode). The method limitations are drafted as steps (i.e. when…is a reference temperature, when…is higher, is opened) performed by the “hybrid multi-air conditioning system”. As such, the claims recite both an apparatus and method steps using the apparatus in the same claim and the claim and all claims depending therefrom are thus indefinite.
Regarding Claim 16, the claim recites a method and an apparatus in the same claim. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112, second paragraph. MPEP 2173,05(p) (11); and See In re Katz Interactive Call Processing Patent litigation, 639 F.3d 1303 (Fed. Cir. 2011). In particular, independent claim 1 recites a “hybrid multi-air conditioning system”. The limitation “hybrid multi-air conditioning system” is treated as an apparatus; however, the subsequent limitations require the performance of a method (i.e. in a…operation mode), being drafted as having steps (i.e. is opened, is closed) performed by the “hybrid multi-air conditioning system”. As such, the claims recite both an apparatus and method steps using the apparatus in the same claim and the claim and all claims depending therefrom are thus indefinite.
Regarding Claim 19, the claim recites a method and an apparatus in the same claim. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112, second paragraph. MPEP 2173,05(p) (11); and See In re Katz Interactive Call Processing Patent litigation, 639 F.3d 1303 (Fed. Cir. 2011). In particular, independent claim 16 recites a “hybrid multi-air conditioning system”. The limitation “hybrid multi-air conditioning system” is treated as an apparatus; however, the subsequent limitations require the performance of a method (i.e. in the…operation mode). The method limitations are drafted as steps (i.e. is opened, is closed) performed by the “hybrid multi-air conditioning system”. As such, the claims recite both an apparatus and method steps using the apparatus in the same claim and the claim and all claims depending therefrom are thus indefinite.
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4-6, 8-9, 11-16 and 18-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Takahashi et al. (EP 3859238 A1, hereinafter “Takahashi”).
Regarding Claim 1, Takahashi teaches a hybrid multi-air conditioning system [Fig. 1], comprising:
a hot water supply unit [2] including a hot water supply heat exchanger [3] that exchanges heat between a refrigerant and water accommodated in a water tank [¶ 0014; heat is exchanged between 2 and 3] and a first hot water supply expansion valve [11] that blocks or allows refrigerant condensed in the hot water supply heat exchanger to flow through a first hot water supply discharge pipe [at least kb; ¶ 0015] [¶ 0037, 0040; expansion valve 11 is opened and closed according to the operation];
at least one indoor device [Ui] installed indoors and including at least one indoor heat exchanger [6] and at least one indoor expansion valve [12] [¶ 0015-0018, 0038; Fig 1; apparent from inspection];
an outdoor device [Uo] connected to the at least one indoor device and the hot water supply unit through a refrigerant pipe [Fig. 1; apparent from inspection] and including an outdoor heat exchanger [4], a compressor [1], and an outdoor expansion valve [at least 10] [¶ 0044; Fig. 1; apparent from inspection];
a second hot water supply discharge pipe [at least kj] having a first side branched from the first hot water supply discharge pipe [kb], which connects the hot water supply heat exchanger [3] and the indoor heat exchanger [6] [¶ 0037; Fig. 1; pipe kb at least flows through valve 11 to communicate with the indoor heat exchangers 6 at point m2], and a second side that joins a first discharge pipe [at least ki], which connects the compressor [1] and the outdoor heat exchanger [4] [¶ 0025; Fig. 1; pipe kj communicates with at least pipe ki at point m1]; and
a second hot water supply expansion valve [at least 14] installed on the second hot water supply discharge pipe [¶ 0039, 0041; Fig. 1; apparent from inspection], wherein the first hot water supply expansion valve [11] is installed downstream of a branch point of the second hot water supply discharge pipe from the first hot water supply discharge pipe [Fig. 1; apparent from inspection that valve 11 is downstream from the point at which pipes kb and kj intersect], and wherein in a hot water supply and cooling operation mode [Note: the manner of operating the device does not differentiate an apparatus claim from the prior art, therefore the arbitrary name of an operational mode is not given patentable weight and is considered intended use; see MPEP 2114.II], when a temperature of water accommodated in the water tank is a reference temperature or less and when a cooling load is lower than a reference value [¶ 0043; control device 16 operates based on various sensors and signals, utilizing CPU, ROM, and RAM for storing various programs and executing various processing. This control technique is well known in the art for automating predetermined scenarios through routine experimentation] [¶ 0060; Takahashi discloses a sensing apparatus in the hot water storage tank, as the configuration disclosed by Takahashi at least teaches reacting to the temperature in the hot water being above a certain threshold, therefore the control device is commonsensically reacting when the value is not higher than the predetermined value (i.e. the temperature is lower than the predetermined value)] [¶ 0068, 0089, 0119-0128; Takahashi also discloses a plurality of control scenarios describing the heat exchanger temperature (i.e. cooling load) relative to another arbitrary temperature], the first hot water supply expansion valve is opened and the second hot water supply expansion valve is closed [¶ 0053; see at least Fig. 6; valve 11 may be open and valve 14 may be closed]
Regarding Claim 4, Takahashi teaches the hybrid multi-air conditioning system of claim 1 above and Takahashi teaches wherein the hot water supply heat exchanger [3] is wound around an outer wall of the water tank in a coil form and exchanges heat between the refrigerant and water while the refrigerant flows inside of the hot water supply heat exchanger [¶ 0014; Takahashi discloses that the how-water-supply heat exchanger may be arranged outside the hot-water storage tank 2 such that heat exchange is performed between the hot water and refrigerant in the heat transfer pipe 3a].
Regarding Claim 5, Takahashi teaches the hybrid multi-air conditioning system of claim 1 above and Takahashi teaches wherein the outdoor device includes:
a hot water supply valve [9] that allows compressed refrigerant from the compressor to flow to the hot water supply unit [Fig. 1; ¶ 0058, 0086; valve 9 controls refrigerant flow towards tank 2];
a discharge valve [10] that allows the compressed refrigerant from the compressor to flow to the outdoor heat exchanger or the indoor heat exchanger [¶ 0036; valve 10 provides refrigerant to the four-way valve 8]; and
a four-way valve [8] that allows the refrigerant passing through the discharge valve to flow to the outdoor heat exchanger or to the indoor heat exchanger [See at least Figs 4 and 7 providing flow through valve 8 towards either heat exchangers 4 or 6].
Regarding Claim 6, Takahashi teaches the hybrid multi-air conditioning system of claim 1 above and Takahashi teaches wherein the at least one indoor heat exchanger comprises a plurality of indoor heat exchangers connected in parallel [Fig. 1; apparent from inspection a plurality of indoor units Ui are provided in parallel].
Claim 7 canceled
Regarding Claim 8, Takahashi teaches the hybrid multi-air conditioning system of claim 1 above and Takahashi teaches wherein in the hot water supply and cooling operation mode [Note: intended use in the preamble does not appear to provide a structural distinction from the prior art; see MPEP 2111.02.II], either the hot water supply heat exchanger or the at least one outdoor heat exchanger operates as a condenser, or the hot water supply heat exchanger and the at least one outdoor heat exchanger operate as a condenser [¶ 0055, 0059; see at least Figs. 4-9; heat exchangers 3 and 4 may operate as condensers individually or in combination].
Regarding Claim 9, Takahashi teaches the hybrid multi-air conditioning system of claim 1 above and Takahashi teaches wherein in the hot water supply and cooling operation mode [Note: intended use in the preamble does not appear to provide a structural distinction from the prior art; see MPEP 2111.02.II], one of the first hot water supply expansion valve or the second hot water supply expansion valve is opened and the other is closed [¶ 0058; see at least Fig. 5; valve 11 may be closed while valve 14 is opened].
Claim 10 canceled
Regarding Claim 11, Takahashi teaches the hybrid multi-air conditioning system of claim 9 above and Takahashi teaches wherein in the hot water supply and cooling operation mode [Note: intended use in the preamble does not appear to provide a structural distinction from the prior art; see MPEP 2111.02.II], when the temperature of water accommodated in the water tank is the reference temperature or less, and when the cooling load is lower than the reference value [¶ 0043; control device 16 operates based on various sensors and signals], only the hot water supply heat exchanger operates as a condenser [¶ 0111-0112; Figs. 6, 8; independent hot-water supply operations provide the heat exchanger 3 as a condenser].
Regarding Claim 12, Takahashi teaches the hybrid multi-air conditioning system of claim 9 above and Takahashi teaches wherein in the hot water supply and cooling operation mode [Note: intended use in the preamble does not appear to provide a structural distinction from the prior art; see MPEP 2111.02.II], when the temperature of water accommodated in the water tank is the reference temperature or less, and when the cooling load is higher than the reference value [¶ 0043; control device 16 operates based on various sensors and signals], the second hot water supply expansion valve is opened and the first hot water supply expansion valve is closed, and wherein the hot water supply heat exchanger and the outdoor heat exchanger operate as condensers [¶ 0058-0059; Fig. 5; apparent from inspection, heat exchangers 3 and 4 may operate as condensers].
Regarding Claim 13, Takahashi teaches the hybrid multi-air conditioning system of claim 9 above and Takahashi teaches wherein in the hot water supply and cooling operation mode [Note: intended use in the preamble does not appear to provide a structural distinction from the prior art; see MPEP 2111.02.II], when the temperature of water accommodated in the water tank is the reference temperature or more, and when the cooling load is higher than the reference value [¶ 0043; control device 16 operates based on various sensors and signals], the second hot water supply expansion valve is opened and the first hot water supply expansion valve is closed, and wherein the hot water supply heat exchanger and the outdoor heat exchanger operate as condensers [¶ 0058-0059; Fig. 5; apparent from inspection, heat exchangers 3 and 4 may operate as condensers].
Regarding Claim 14, Takahashi teaches the hybrid multi-air conditioning system of claim 9 above and Takahashi teaches wherein in the hot water supply and cooling operation mode [Note: intended use in the preamble does not appear to provide a structural distinction from the prior art; see MPEP 2111.02.II], even if the temperature of water accommodated in the water tank is the reference temperature or more, and when the cooling load is higher than the reference value [¶ 0043; control device 16 operates based on various sensors and signals], the first hot water supply expansion valve is opened or the second hot water supply expansion valve is opened according to a superheating degree of the compressor [Figs. 5-6; ¶ 0058-0059, 0065; valves 11 and 14 may be opened or closed; at least valve 11 may be operated with an opening degree as necessary in accordance with the control functions of the controller].
Regarding Claim 15, Takahashi teaches the hybrid multi-air conditioning system of claim 8 above and Takahashi teaches wherein in the hot water supply and cooling operation mode [Note: intended use in the preamble does not appear to provide a structural distinction from the prior art; see MPEP 2111.02.II], when a temperature of water accommodated in the water tank is a reference temperature or more, and when a cooling load is lower than the reference value [¶ 0043; control device 16 operates based on various sensors and signals], only the outdoor heat exchanger operates as a condenser [¶ 0053-0055; Fig. 4; apparent from inspection; independent air-cooling operation], or wherein the water tank is heated by a separate heater.
Regarding Claim 16, Takahashi teaches a hybrid multi-air conditioning system [Fig. 1], comprising:
a hot water supply unit [2] including a hot water supply heat exchanger [3] that exchanges heat between a refrigerant and water accommodated in a water tank [¶ 0014; heat is exchanged between 2 and 3] and a first hot water supply expansion valve [11] that blocks or allows refrigerant condensed in the hot water supply heat exchanger to flow through a first hot water supply discharge pipe [at least kb; ¶ 0015] [¶ 0037, 0040; expansion valve 11 is opened and closed according to the operation];
at least one indoor device [Ui] installed indoors and including at least one indoor heat exchanger [6] and at least one indoor expansion valve [12] [¶ 0015-0018, 0038; Fig 1; apparent from inspection];
an outdoor device [Uo] connected to the at least one indoor device and the hot water supply unit through a refrigerant pipe [Fig. 1; apparent from inspection] and including an outdoor heat exchanger [4], a compressor [1], and an outdoor expansion valve [at least 10] [¶ 0044; Fig. 1; apparent from inspection];
a second hot water supply discharge pipe [at least kj] having a first side branched from the first hot water supply discharge pipe [kb], which connects the hot water supply heat exchanger [3] and the indoor heat exchanger [6] [¶ 0037; Fig. 1; pipe kb at least flows through valve 11 to communicate with the indoor heat exchangers 6 at point m2], and a second side that joins a first discharge pipe [at least ki], which connects the compressor [1] and the outdoor heat exchanger [4] [¶ 0025; Fig. 1; pipe kj communicates with at least pipe ki at point m1], such that the hot water supply unit and the outdoor heat exchanger are connected in series [¶ 0053; Fig. 5; apparent from inspection heat exchanger 4 is downstream heat exchanger 3]; and
a second hot water supply expansion valve [at least 14] installed on the second hot water supply discharge pipe [¶ 0039, 0041; Fig. 1; apparent from inspection], wherein the first hot water supply expansion valve [11] is installed downstream of a branch point of the second hot water supply discharge pipe from the first hot water supply discharge pipe [Fig. 1; apparent from inspection that valve 11 is downstream from the point at which pipes kb and kj intersect], and wherein in a hot water supply and cooling operation mode [Note: the manner of operating the device does not differentiate an apparatus claim from the prior art, therefore the arbitrary name of an operational mode is not given patentable weight and is considered intended use; see MPEP 2114.II], when a temperature of water accommodated in the water tank is a reference temperature or less and when a cooling load is lower than a reference value [¶ 0043; control device 16 operates based on various sensors and signals, utilizing CPU, ROM, and RAM for storing various programs and executing various processing. This control technique is well known in the art for automating predetermined scenarios through routine experimentation] [¶ 0060; Takahashi discloses a sensing apparatus in the hot water storage tank, as the configuration disclosed by Takahashi at least teaches reacting to the temperature in the hot water being above a certain threshold, therefore the control device is commonsensically reacting when the value is not higher than the predetermined value (i.e. the temperature is lower than the predetermined value)] [¶ 0068, 0089, 0119-0128; Takahashi also discloses a plurality of control scenarios describing the heat exchanger temperature (i.e. cooling load) relative to another arbitrary temperature], the first hot water supply expansion valve is opened and the second hot water supply expansion valve is closed [¶ 0053; see at least Fig. 6; valve 11 may be open and valve 14 may be closed]
Claim 17 canceled
Regarding Claim 18, Takahashi teaches the hybrid multi-air conditioning system of claim 16 above and Takahashi teaches wherein in the hot water supply and cooling operation mode [Note: intended use in the preamble does not appear to provide a structural distinction from the prior art; see MPEP 2111.02.II], either the hot water supply heat exchanger or the at least one outdoor heat exchanger operates as a condenser, or the hot water supply heat exchanger and the at least one outdoor heat exchanger operate as a condenser [¶ 0055, 0059; see at least Figs. 4-9; heat exchangers 3 and 4 may operate as condensers individually or in combination].
Regarding Claim 19, Takahashi teaches the hybrid multi-air conditioning system of claim 16 above and Takahashi teaches wherein in the hot water supply and cooling operation mode [Note: intended use in the preamble does not appear to provide a structural distinction from the prior art; see MPEP 2111.02.II], one of the first hot water supply expansion valve or the second hot water supply expansion valve is opened and the other is closed [¶ 0058; see at least Fig. 5; valve 11 may be closed while valve 14 is opened].
Regarding Claim 20, Takahashi teaches the hybrid multi-air conditioning system of claim 16 above and Takahashi teaches wherein in the hot water supply and cooling operation mode [Note: intended use in the preamble does not appear to provide a structural distinction from the prior art; see MPEP 2111.02.II], when the temperature of water accommodated in the water tank is the reference temperature or more, and when the cooling load is lower than the reference value [¶ 0043; control device 16 operates based on various sensors and signals], only the outdoor heat exchanger operates as a condenser [¶ 0053-00555; Fig. 4; apparent from inspection; independent air-cooling operation], or wherein the water tank is heated by a separate heater.
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 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi as applied to claim 1 above, and further in view of Tamaki et al. (US 20160116191 A1, hereinafter “ Tamaki”).
Regarding Claim 2, Takahashi teaches the hybrid multi-air conditioning system of claim 1 above and while Takahashi discloses a plurality of sensors (not shown) and a control operation relying on the temperature of the hot water in the hot water storage tank [¶ 0043, 0060; note that Takahashi does in-fact disclose a sensing apparatus in the hot water storage tank, as the configuration disclosed by Takahashi at least teaches reacting to the temperature in the hot water being above a certain threshold], an alternative rejection in view of further prior art may also teach comprising: at least one of a first temperature sensor that detects a water temperature in the water tank or a second temperature sensor installed at a rear end of the compressor.
Tamaki teaches a refrigeration cycle device [Fig. 11] comprising a hot water supply unit [303], an indoor unit [302], and outdoor unit [301], wherein a water tank [20] of the hot water supply is in thermal communicates with the refrigeration circuit via a coil [19] and heat exchanger [4] [¶ 0025-0030; Fig. 11]. Tamaki further teaches wherein the hot water supply unit [33] may further comprise a temperature sensor [208] to measure a temperature of the water in the tank [¶ 0032], as well as at least a temperature sensor [202] disposed on the discharge side of the compressor [¶ 0027], wherein a controller [101] may operate the device via a plurality of actuators, based on said sensed values [¶ 0033]. Takahashi further teaches that providing a means to acquire temperatures of the refrigerant at different positions (i.e. providing sensors) enables control of the system based on known values, desired values, and known scientific principles (i.e. at least P-E diagrams; also see Figs. 4-6, 9), thereby enabling better control to improve the system [¶ 0079]. One of ordinary skill in the art could have combined the temperature sensor as claimed by known methods and that in combination, the temperature sensor 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. providing a means to acquire temperatures of the refrigerant at different positions (i.e. providing sensors) enables control of the system based on known values, desired values, and known scientific principles (i.e. at least P-E diagrams; also see Figs. 4-6, 9), thereby enabling better control to improve the system [¶ 0079].
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 Takahashi to have comprising: at least one of a first temperature sensor that detects a water temperature in the water tank or a second temperature sensor installed at a rear end of the compressor, in view of the teachings of Tamaki 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 a means to acquire temperatures of the refrigerant at different positions (i.e. providing sensors) enables control of the system based on known values, desired values, and known scientific principles (i.e. at least P-E diagrams; also see Figs. 4-6, 9), thereby enabling better control to improve the system.
Regarding Claim 3, Takahashi teaches the hybrid multi-air conditioning system of claim 1 above, but Takahashi does not further teach comprising: a first pressure sensor installed at a rear end of the compressor.
However, Tamaki teaches a refrigeration cycle device [Fig. 11] comprising a hot water supply unit [303], an indoor unit [302], and outdoor unit [301], wherein a water tank [20] of the hot water supply is in thermal communicates with the refrigeration circuit via a coil [19] and heat exchanger [4] [¶ 0025-0030; Fig. 11]. Tamaki further teaches a pressure sensor [201] disposed on the discharge side of the compressor [¶ 0027] wherein a controller [101] may operate the device via a plurality of actuators, based on said sensed values [at least ¶ 0033, 0038, 0043]. Takahashi further teaches that providing a means to acquire pressure of the refrigerant enables control of the system based on known values, desired values, and known scientific principles (i.e. utilized in at least P-E diagrams, determining degree of subcooling, and defrosting reference; also see Figs. 4-6, 9), thereby enabling better control to improve the system [¶ at least 0038, 0043, 0066, 0070]. One of ordinary skill in the art could have combined the temperature sensor as claimed by known methods and that in combination, the temperature sensor 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. providing a means to acquire pressure of the refrigerant enables control of the system based on known values, desired values, and known scientific principles (i.e. utilized in at least P-E diagrams, determining degree of subcooling, and defrosting reference; also see Figs. 4-6, 9), thereby enabling better control to improve the system [¶ at least 0038, 0043, 0066, 0070].
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 Takahashi to have further teach comprising: a first pressure sensor installed at a rear end of the compressor, in view of the teachings of Tamaki 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 a means to acquire pressure of the refrigerant enables control of the system based on known values, desired values, and known scientific principles (i.e. utilized in at least P-E diagrams, determining degree of subcooling, and defrosting reference; also see Figs. 4-6, 9), thereby enabling better control to improve the system.
Response to Arguments
On pages 11-12 of the remarks, Applicant argues that the 35 U.S.C. 112(b) rejections are not indefinite, rather they should be interpreted as intended use, wherein different heat exchangers may operate as a condenser depending on the operational mode. Applicant’s arguments have been somewhat convincing for a portion of the 112(b) rejections, however the remainder of the 112(b) rejections are maintained for the reasons below.
Firstly, the Examiner agrees with Applicant’s remarks of definiteness regarding the claims declaring that a heat exchanger “operates” as a condenser in a given mode. Therefore, the previous 35 U.S.C. 112(b) rejection of claims 10, 11, 15, 18 and 20 have been withdrawn.
However, after further consultation with additional office personal, the remaining 35 U.S.C. 112(b) rejections are deemed proper and are therefore maintained, as their claim language is determined to contain a recitation of steps. Specifically, the recitation of “...in a hot water supply and cooling operation mode....the first hot water supply expansion valve is opened and the second hot water supply expansion valve is closed”, is determined to provide method steps. More specifically, the terms “is closed” and “is opened” are interpreted as steps. While Applicant may assert that the recitation is merely claiming a function, the claimed function does not further imply any additional structure. Rather, it is simply describing the configuration that the structure may operate in (the manner of operating a device). Therefore, the Examiner must view the claims with the broadest reasonable interpretation while not importing any undo limitations from the specification. Accordingly, the rejections are maintained.
In order to overcome the rejection, the Examiner may recommend Applicant to amend the claims to state that the valve “is opening” or “is closing” in their given operational modes, in order to appropriately positively recite the structure implied from the claimed function without being interpreted as operational steps.
On pages 12-14, Applicant argues that Takahashi does not teach the claims as amended. Applicant’s arguments have been considered but are not persuasive.
Respectfully, Applicant’s arguments cannot be followed, as the previous rejection explicitly rejects claims 7 and 10. Further citation from Takahashi discloses wherein the first hot water supply expansion valve [11] is installed downstream of a branch point of the second hot water supply discharge pipe from the first hot water supply discharge pipe [Fig. 1; apparent from inspection that valve 11 is downstream from the point at which pipes kb and kj intersect] [¶ 0039, 0041; Fig. 1], wherein in a hot water supply and cooling operation mode, when a temperature of water accommodated in the water tank is a reference temperature or less and when a cooling load is lower than a reference value, Takahashi teaches that control device 16 operates based on various sensors and signals, utilizing CPU, ROM, and RAM for storing various programs and executing various processing [¶ 0043]. Takahashi also discloses a sensing apparatus in the hot water storage tank, as the configuration disclosed by Takahashi at least teaches reacting to the temperature in the hot water being above a certain threshold, therefore the control device is commonsensically reacting when the value is not higher than the predetermined value (i.e. the temperature is lower than the predetermined value) [¶ 0060]. Takahashi also discloses a plurality of control scenarios describing the heat exchanger temperature (i.e. cooling load) relative to another arbitrary temperature [¶ 0068, 0089, 0119-0128]. At least one such scenario in Takahashi teaches wherein the first hot water supply expansion valve is opened and the second hot water supply expansion valve is closed [¶ 0053; see at least Fig. 6; valve 11 may be open and valve 14 may be closed]. Therefore, the structure of the prior art is capable of fulfilling the claimed function.
Furthermore, Applicant appears to be pointing to specific configuration of Takahashi [Fig. 5] to argue against the claimed configuration. Respectfully, the Examiner did not point to Figure 5 at all regarding the previous rejection of Claims 1, 7 or 10. Rather, the Examiner pointed to Fig. 6 of the prior art because it shows elements of the claimed configuration, wherein valve 11 may be open while valve 14 may be closed. It is unclear as to why Applicant referenced Fig. 5, when Fig. 5 is instead referenced for the rejection of other dependent claims (at least claim 9), explicitly to teach the counter configuration (i.e. when valve 11 may be closed while valve 14 is opened) [¶ 0058; see at least Fig. 5]. Merely because the prior art assigned an arbitrary operational name to a given schematic representation, it does not imply that if the claims recite the same arbitrary operational name, that those figures are equivalent in function. Rather, an apparatus claim is examined by what it is, not what it does or how the valves are configured in a given mode. Therefore, because the prior art is considered to teach the structural limitations of the claim, the manner in which the claimed apparatus is intended to be employed does not differentiate the claimed apparatus from the prior art apparatus. Accordingly, the claims remain rejected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tamura et al. (US 9,175,890 B2): discloses an air conditioning apparatus including a plurality of heat exchangers and switching members, wherein a control unit is configured to change the plurality of heat exchangers serving as condensers via control calculations receiving temperature readings.
Hamada et al. (EP 3273176 A1): discloses a heat pump water heater interacting with a refrigerant circuit, wherein the temperature of the water in the water storage tank is known to play a critical role in efficiency of a refrigeration system, as the temperature of the water impacts the heating/cooling capacity of the refrigerant system when the coil exchanging heat with said water storage tank changes temperature.
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.
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/KEITH STANLEY MYERS/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763