Prosecution Insights
Last updated: April 19, 2026
Application No. 18/299,202

AUTOMATIC REFRIGERANT FILLING

Non-Final OA §103
Filed
Apr 12, 2023
Examiner
VAZQUEZ, ANA M
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Testo SE & Co. Kgaa
OA Round
3 (Non-Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
2y 9m
To Grant
97%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
686 granted / 857 resolved
+10.0% vs TC avg
Strong +17% interview lift
Without
With
+17.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
40 currently pending
Career history
897
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
46.5%
+6.5% vs TC avg
§102
23.2%
-16.8% vs TC avg
§112
25.2%
-14.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 857 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/06/2025 has been entered. 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. Claim(s) 1 and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa (US 2021/0003332) in view of Kim (KR 2007/0107954 A, refer to attached translation). Regarding claim 1, Nakagawa discloses a valve controller (refer to Fig. 3C) for filling a refrigerating circuit with refrigerant, the valve controller comprising: a valve (V), a temperature sensor (T1), a pressure sensor (P1), a controller (20) configured to calculate a parameter from at least one of measurement data of the temperature sensor (T1) or the pressure sensor (P1), and the controller (20) is further configured to activate the valve (V) until the calculated parameter has reached a target value (refer to paras. 104-111, wherein a super-cooling degree is calculated based on the determined temperature and pressure of the refrigerant; a valve controller 24 as in fig. 3C of the controller, selectively controls the opening/closing valve V to either an open state or a closed state of the opening degree so that the calculated super-cooling degree calculated approaches a target super-cooling degree), and a flow sensor (refer to par. 111, wherein valve controller 24 within controller 20, may function as a refrigerant amount sensing unit) arranged to determine an amount of refrigerant delivered into the refrigerating circuit (in the instant case, the refrigerant amount sensing unit performs the identical function specified in the claim, and produces the same results), the controller (20) being configured to receive and process measurement data from the flow sensor (refer to par. 111, wherein in addition to controlling the on/off valve V of the refrigerant charging flow path portion 11, the valve controller 24 may function as a refrigerant amount sensing unit that detects the amount of the refrigerant from the difference between the calculated super-cooling degree and the target super-cooling degree, and may control the on-off valve V based on the detected refrigerant amount). While Nakagawa discloses the flow sensor arranged to determine the amount of refrigerant delivered into the refrigerating circuit from refrigerant tank B, Nakagawa fails to explicitly disclose the controller being configured to receive and process measurement data from the flow sensor to directly monitor the amount of refrigerant delivered independent of the measurement data from the temperature sensor or the pressure sensor. However, Kim teaches that it is known in the art of refrigeration, to provide an air conditioner and control method thereof, including a flow sensor (refer to flow sensor 19) arranged to determine an amount of refrigerant delivered into a refrigerating circuit (refer to abstract’s last sentence), a controller (40’, fig. 4) being configured to receive and process measurement data from the flow sensor (19) to directly monitor the amount of refrigerant delivered independent of measurement data from a temperature sensor or a pressure sensor (refer par. 3, page 5, wherein when the flow sensor 19 is installed, the amount of refrigerant charged through the flow sensor 19 is directly detected, and when the flow sensor 19 is not installed, a suction temperature sensor 16 and a suction pressure sensor 17 are detected such that a refrigerant amount can be calculated, therefore, monitoring an amount of refrigerant being delivered independent of measurement data from a temperature sensor or a pressure sensor when the flow sensor is separately installed), in order to enable easy and accurate refrigerant charge with a desired amount of refrigerant by allowing a microprocessor to stop charging refrigerant when a desired amount of refrigerant is filled based on the detected and estimated amount of refrigerant being charged (refer to abstract’s first sentence). Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Nakagawa such that the controller is configured to receive and process measurement data from the flow sensor to directly monitor the amount of refrigerant delivered independent of the measurement data from the temperature sensor or the pressure sensor in view of the teachings by Kim, in order to enable easy and accurate refrigerant charge with a desired amount of refrigerant by allowing a microprocessor to stop charging refrigerant when a desired amount of refrigerant is filled based on the detected and estimated amount of refrigerant being charged. Regarding claim 8, Nakagawa as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Nakagawa as modified discloses an input unit configured for a user to establish data describing the refrigerant circuit (refer to par. 89, wherein the air conditioner Z has an input IP for receiving an automatic charging mode setting command as a user input, a controller Z3 controlling the operation of a compressor C and a four-way valve during the cooling or heating operation when the setting command of the automatic charging mode is received by the input IP and various information of the air conditioner Z is transmitted to the refrigerant charging device 10, and a communicator Z4 that transmits various information of the air conditioner Z to the refrigerant charging device 10 in response to the control command of the controller Z3). Regarding claim 9, Nakagawa as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Nakagawa as modified discloses wherein the controller is configured to control a filling operation in dependence on an amount of refrigerant delivered (refer to par. 111, wherein the valve controller 24 may function as a refrigerant amount sensing unit that detects the amount of the refrigerant from the difference between the calculated super-cooling degree and the target super-cooling degree, and may control the on-off valve V based on the detected refrigerant amount). Regarding claim 10, Nakagawa as modified meets the claim limitations as disclosed above in the rejection of claim 9. Further, Nakagawa as modified discloses wherein the controller is configured to iteratively control the filling operation (refer to par. 133, wherein the valve controller 24 repeatedly controls the opening and closing of the valve at the predetermined time interval in a section where the super-cooling degree is smaller than the target super-cooling degree after the refrigerant charging starts, and after that, when the discharging superheat is below the threshold, the on/off valve is closed and controlled regardless of the predetermined time interval). Note: the term “iteratively” is being considered as in a way that is repetitive. Claim(s) 2-7 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa (US 2021/0003332), Kim (KR 2007/0107954 A), and further in view of Ulrich (US 2021/0231335). Regarding claim 2, Nakagawa as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Nakagawa as modified discloses a memory (Z3) that stores thermodynamic data on a refrigerant (refer to temperature sensors T1 and T2, and pressure sensor P1 connected to memory Z3 as in Fig. 3A), the controller being configured to include said data in the calculation performed by the controller, but fails to explicitly disclose the controller being configured to choose between different refrigerants. However, Ulrich further teaches a measuring apparatus, comprising a controller being configured to choose between different refrigerants (refer to par. 70, wherein a measuring apparatus is configured to store and/or retrieve logs via an internet supported connection from external servers, in particular measurement logs of wireless and/or wired sensors connected to the maintenance apparatus, as well as characteristic data for specific systems and customers; the apparatus can use logs and data retrieved from the external servers such as the type of refrigerant last filled, therefore, having the capability to choose between different refrigerants due to its connection from external servers), in order to support a technician during maintenance and/or startup. Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Nakagawa such that the controller is configured to choose between different refrigerants in view of the teachings by Ulrich, in order to support a technician during maintenance and/or startup. Regarding claim 3, Nakagawa as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Nakagawa as modified discloses wherein at least one of the temperature sensor (T1) or the pressure sensor (P1) is wirelessly connected to the controller (refer to Fig. 3A and par. 87, wherein communicator 13 performs wireless communication), but fails to explicitly disclose wherein data transmission takes place on a number of radio channels simultaneously. However, Ulrich further teaches a measuring apparatus, comprising radio sensors which transmit their measurement data via integrated radio modules; this is configured to establish a radio link with the air conditioning controller and communication unit, such that data about the air conditioning system and/or logs, which were previously stored in the air conditioning system control and communication unit, can be transmitted to the maintenance apparatus and/or the information carrier (refer to paras. 34, 69 and 165, wherein maintenance apparatus 1 is in radio communication with wireless sensors 16 and 18 via its radio module). One having ordinary skill in the art would recognize that radio communication utilizes different “channels”, which are essentially distinct frequencies within a radio band, allowing multiple users or groups to communicate simultaneously. Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Nakagawa such that data transmission takes place on a number of radio channels simultaneously in view of the teachings by Ulrich, in order to transmit data about the air conditioning system and/or logs to a maintenance apparatus. Regarding claim 4-6, Nakagawa as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Nakagawa as modified discloses the flow sensor arranged to determine an amount of refrigerant, and a cylinder (B), but fails to explicitly disclose wherein the flow sensor is a balance and a weighing platform is formed on the balance as a standing surface for the cylinder, wherein a largest dimension of the weighing platform corresponds to a largest dimension of the standing surface of the cylinder. However, Ulrich further teaches a measuring apparatus, comprising a balance arranged to determine an amount of refrigerant delivered into the refrigerant circuit (refer to par. 44, wherein in the instant case, a scale is loaded with a cylinder that contains a refrigerant, and when filling an air conditioner with the refrigerant, the decreasing weight of the pressure vessel can be recorded by the scale and the weight values transmitted to the maintenance apparatus), wherein a weighing platform (23) is formed on the balance as a standing surface for the cylinder (cylinder 28 as can be seen from Figs 6A-6B), wherein a largest dimension of the weighing platform corresponds to a largest dimension of the standing surface of the cylinder (refer to Figs. 6A-6B), in order to measure a weight of the cylinder, in particular a pressurized cylinder for a refrigerant, such that a measuring apparatus receives weight data of the cylinder, when the refrigerant is removed from the cylinder or the cylinder is filled with refrigerant and a threshold value of the weight of the cylinder is reached, the switching valve closes a fluidic connection between the cylinder and the system, in particular the air conditioning system (refer to claim 12). Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Nakagawa such that the flow sensor is a balance, and a weighing platform is formed on the balance as a standing surface for a cylinder, wherein a largest dimension of the weighing platform corresponds to a largest dimension of the standing area of the cylinder in view of the teachings by Ulrich, in order receive weight data of the cylinder, when the refrigerant is removed from the cylinder or the cylinder is filled with refrigerant. Regarding claim 7, Nakagawa as modified meets the claim limitations as disclosed above in the rejection of claim 6. Further, Nakagawa as modified discloses wherein the largest diameter of the weighing platform is a diagonal (refer to Fig. 2 below as taught by Ulrich), and a largest diameter of the standing area of the cylinder (28 as taught by Ulrich) is a diameter of the cylinder (refer to Fig. 2 as taught by Ulrich). PNG media_image1.png 316 618 media_image1.png Greyscale Regarding claim 11, Nakagawa as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Nakagawa as modified discloses the controller, but fails to explicitly disclose wherein the controller is configured to detect an inadmissible state, including an occurrence of leakages. However, Ulrich further teaches the measuring apparatus, comprising a controller being configured to detect an inadmissible state, including an occurrence of leakages (refer to par. 86, wherein starting up and/or maintaining an air conditioning system with the maintenance apparatus, an air conditioner leakage test is provided including the steps of disconnecting a pressure source and recording the pressure drop due to leakage in the air conditioner using the internal sensors of the maintenance apparatus or using wired and/or wireless pressure sensors connected to the maintenance apparatus for a certain time period t1; extrapolating the measurement data recorded over the time period t1, to determine either a time period t2 after which a certain pressure threshold value is reached due to leakage in the air conditioning system and outputting this time period via the information carrier, or to output a pressure limit value which is expected to be reached in a fixed time t3 due to leakage in the air conditioning system, or calculation and output of a leakage rate based on the measurement data recorded over the time period t1), in order to determine as to whether the system may be operated (refer to par. 85). Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Nakagawa such that the controller is configured to detect an inadmissible state, including an occurrence of leakages in view of the teachings by Ulrich, in order to determine as to whether the system may be operated. Regarding claim 12, Nakagawa as modified meets the claim limitations as disclosed above in the rejection of claim 11. Further, Nakagawa as modified discloses wherein the controller is configured to inform a user when the inadmissible state is detected (refer to par. 84, wherein the leakage test offers the technician the advantage that the test can be carried out in a short time and said technician can use either the determined time t2 or the pressure threshold value determined at the time t3 as a reference value to decide when the system should be next serviced at the latest). Response to Arguments Applicant’s arguments, see pp.5-8, filed on 07/03/2025, with respect to claims 1-12 have been fully considered and are persuasive. The rejection of claims 1-12 has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly amended claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANA M VAZQUEZ whose telephone number is (571)272-0611. The examiner can normally be reached M-F 7-4. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANA M VAZQUEZ/Examiner, Art Unit 3763
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Prosecution Timeline

Apr 12, 2023
Application Filed
Jan 08, 2025
Non-Final Rejection — §103
Mar 31, 2025
Response Filed
May 01, 2025
Final Rejection — §103
Jul 03, 2025
Response after Non-Final Action
Nov 06, 2025
Request for Continued Examination
Nov 15, 2025
Response after Non-Final Action
Dec 03, 2025
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
80%
Grant Probability
97%
With Interview (+17.3%)
2y 9m
Median Time to Grant
High
PTA Risk
Based on 857 resolved cases by this examiner. Grant probability derived from career allow rate.

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