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 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 5, 7, 11, 13 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.
Claims 5, 11 depend to claims 1, 9 respectively. Claims 5, 11 require a “third heat exchanger”. A “third heat exchanger” may imply or suggest that there is a “first heat exchanger” and a “second heat exchanger” relative to the claimed third heat exchanger. However, claims 1, 9 only recite a “first heat exchanger” and claims 5, 11 do not recite a “second heat exchanger”. Therefore, it’s unclear if the scope of claims 5, 11 require three heat exchangers or just two heat exchangers (i.e. the claimed first heat exchanger in claims 1, 9 and the claimed “third heat exchanger” in claims 5, 11). For the purpose of examination, it’s presumed that claims 5, 11 only requires two heat exchangers, and one of any two heat exchangers met by the prior art can be considered a “third heat exchanger”. This is especially evident based on the fact that claim 4, introduces a “second heat exchanger”.
Claims 7, 13 depends to claims 5, 11 respectively which in turn depends to claims 1, 9 respectively. Claims 7, 13 require a “fourth heat exchanger”. A “fourth heat exchanger” may imply or suggest that there is a “first heat exchanger” and a “second heat exchanger” and “a third heat exchanger” relative to the claimed fourth heat exchanger. However, claims 1, 9 only recite a “first heat exchanger” and claims 7 and 13 do not recite a “second heat exchanger”. Therefore, it’s unclear if the scope of claims 7 and 13 require four heat exchangers or just three heat exchangers (i.e. the claimed first heat exchanger in claims 1, 9 and the claimed “third heat exchanger” in claims 5, 11 and claimed “fourth heat exchanger in claims 7, 13). For the purpose of examination, it’s presumed that claims 7, 13 only requires three heat exchangers, and one of any three heat exchangers met by the prior art can be considered a “fourth heat exchanger”. This is especially evident based on the fact that claim 4 introduces a “second heat exchanger”.
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)(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.
(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, 2, 5, 7-9, 11, 13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hosomi et al. (JP 2010054064 A).
Hosomi et al. discloses a freeze dryer (Fig. 2, paragraphs [0018] – [0028]) comprising a product chamber 1 configured to accommodate products to be freeze- dried, a condenser 2 connected to the product chamber 1 and configured to trap water during a freeze-drying process, a product chamber cooling circuit (a) configured to cool the product chamber 1, the product chamber cooling circuit (a) comprising a first heat transfer fluid, a condenser cooling circuit (b) configured to cool the condenser 2, the condenser cooling circuit (b) comprising a second heat transfer fluid and being separate from the product chamber cooling circuit (a),characterized by a first additional cooling circuit (c) comprising carbon dioxide or ammonia or liquid nitrogen as refrigerant (paragraph [0025]), and a first heat exchanger (9a) configured to transfer heat between the condenser cooling circuit (b) and the first additional cooling circuit (c).
With regard to claim 2, Hosomi et al. discloses wherein the first additional cooling circuit (c) comprises a valve 11 for adjusting refrigerant flow through the first heat exchanger 9a (Fig. 2).
With regard to claim 5, Hosomi et al. discloses the freeze dryer comprises a third heat exchanger 8 configured to transfer heat between the product chamber cooling circuit (a) and the condenser cooling circuit (b) (Fig. 2).
With regard to claim 7, Hosomi et al. discloses a fourth heat exchanger 17 configured to transfer heat between the product chamber cooling circuit (a) and the first additional cooling circuit (c) (Fig. 12).
With regard to claim 8, Hosomi et al. discloses wherein the freeze dryer comprises one or more heaters 7 configured to selectively heat the first heat transfer fluid of the product chamber cooling circuit (a) (Fig. 1).
With regard to claim 9, Hosomi et al. discloses a method of operating a freeze dryer (1) comprising a product chamber 1 configured to accommodate products to be freeze-dried, a condenser 2 connected to the product chamber 1 and configured to trap water during a freeze-drying process, a product chamber cooling circuit (a) configured to cool the product chamber 1, the product chamber cooling circuit (a) comprising a first heat transfer fluid, a condenser cooling circuit (b) configured to cool the condenser 2, the condenser cooling circuit (b) comprising a second heat transfer fluid and being separate from the product chamber cooling circuit(a) (Fig. 2) ,wherein the method comprises: comprising the following method step: in a condenser cooling step, where heat is transferred from the condenser cooling circuit (b) to a first additional cooling circuit (c) comprising carbon dioxide or ammonia or liquid nitrogen as refrigerant via a first heat exchanger 9a.
With regard to claim 11, Hosomi et al. discloses a product cooling step, performed simultaneously with or following the condenser cooling step,where heat is transferred from the product chamber cooling circuit (a) to the condenser cooling circuit (b) via a third heat exchanger 8 (Fig. 1).
With regard to claim 12, Hosomi et al. discloses a temperature of the product chamber is set by adjusting a proportional valve 11 of the condenser cooling circuit (b) (Fig. 2).
With regard to claim 13, Hosomi et al. discloses wherein in the product cooling step, heat is transferred from the product chamber cooling circuit (a) to the first additional cooling circuit (c) via a fourth heat exchanger 17.
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.
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 3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Hosomi et al. (JP 2010054064 A) in view of Alston (US 2011/0265506 A1)).
The freeze dryer of Hosomi et al. as above includes all that is recited in claim 3 except for the freeze dryer comprises an air cycle cooling system configured to cool the second heat transfer fluid of the condenser cooling circuit . Alston teaches an air cycle cooling system 4 configured to cool the second heat transfer fluid of the condenser cooling circuit 3 (Fig. 1). Therefore, it would have been obvious to someone with ordinary skill in the art before the effective filing date of the invention to modify the freeze dryer of Hosomi et al. to include an air cycle cooling system as taught Alston in order to cool the heat transfer fluid of the condenser cooling circuit.
Allowable Subject Matter
Claims 4, 6, 14-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the primary reason for allowance of claims 4, 6, 14-15 is the inclusion of the limitations “a second heat exchanger configured to couple the air cycle cooling system and the condenser cooling circuit” in claim 4, “a valve or a three-way valve configured to selectively couple the third heat exchanger to the condenser cooling circuit or decouple the third heat exchanger from the condenser cooling circuit” in claim 6, “in a freeze drying step, performed following the condenser cooling and product cooling steps, where the third heat exchanger is decoupled from a flow of second heat transfer fluid in the condenser cooling circuit to reduce heat transfer from the product chamber cooling circuit to the condenser cooling circuit, wherein the first heat transfer fluid of the product chamber cooling circuit is heated by one or more heaters” in claim 14 in combination with the remaining claimed elements.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA J YUEN whose telephone number is (571)272-4878. The examiner can normally be reached Monday-Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL G HOANG can be reached at (571) 272-6460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jessica Yuen/
Primary Examiner
Art Unit 3762
JY