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 of Claims
This Office Action is in response to the remarks and amendments filed on 12/23/2025. Claims 1, 2, 4, 7, 12-19 and 21-25 are pending for consideration in this Office Action.
Response to Amendment
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 7, 12, 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pickle et al. (US2022/0397296) in view of Sumida et al. (US6003323) and Hoshino et al. (JP2015183567A).
Regarding Claim 1, Pickle teaches a heating, ventilation, and air conditioning (HVAC) system [fig 5] comprising:
a housing [24; 0025; fig 2];
a plurality of compressors [154; see 0028; 0053],
a condenser [at least condenser 162; 0042; see also 0043; where junction point 156 may include a valve and may be controlled to adjust a first amount of a refrigerant flow to condenser 158 relative to a refrigerant flow to condenser 162. Thus, junction point can direct all of the refrigerant flow to condenser 162. The system is being interpreted as having a scenario where all of the refrigerant flow is directed to condenser 162];
a reheater [164], and an evaporator [176] in fluid communication, the condenser and the reheater being arranged in parallel [0042; 0046; fig 5]; and
a plurality of flow loops comprising a first flow loop and a second flow loop [0042; 0047; fig 5; where a first loop may include the compressor [Wingdings font/0xE0] condenser [Wingdings font/0xE0] evaporator [Wingdings font/0xE0] compressor and where a second loop may include compressor [Wingdings font/0xE0] reheat coil [Wingdings font/0xE0] evaporator [Wingdings font/0xE0] compressor];
a fluid management system operable to control a portion of a fluid provided to each of the plurality of flow loops, and actively manage a flow of the fluid within the HVAC system provided to the reheater, wherein the fluid management comprises a modulating valve [160; 0042; 0047];
a first valve [169] arranged within the first flow loop downstream from the condenser [162], the first valve being configured to allow the fluid to flow in only a first direction [0044]; wherein the first valve is directly connected to an intersection of the first and second flow loops [0042; 0043; by inspection at fig 5 where the first valve is directly connected to said intersection];
a second valve [175] arranged within the second fluid loop downstream from the reheater, the second valve being configured to allow the fluid to flow in only a second direction [0045]; and
a controller [178] configured to actively control the modulating valve [0048];
wherein the HVAC system is configured to: determine a position for the modulating valve, based on at least one sensed parameter of the HVAC system [0047; 0049];
adjust the modulating valve to the determined position to direct the fluid output from the plurality of compressors to at least one of the condenser and the reheater [0047-0050];
and in response to the adjusting of the modulating valve, control a rate of the flow of the fluid concurrently directed to the condenser and the reheater as the HVAC system transitions between one or more modes of operation [0047-0050].
Pickle does not explicitly teach the plurality of compressors being arranged in parallel, wherein the plurality of compressors comprises a first compressor and a second compressor, the first compressor having a first capacity and the second compressor having a second capacity different from the first capacity;
where the controller [178] configured to actively control the first valve and the second valve.
However, Sumida teaches an air conditioning apparatus [fig 3] having plurality of compressors being arranged in parallel, wherein the plurality of compressors comprises a first compressor [1a] and a second compressor [1b], the first compressor having a first capacity and the second compressor having a second capacity different from the first capacity [col 10, line 66-col 11, line 19] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element 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. ensuring a broad range for performance control having high efficiency [col 11, lines 11-19].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Pickle to have a plurality of compressors being arranged in parallel, wherein the plurality of compressors comprises a first compressor and a second compressor, the first compressor having a first capacity and the second compressor having a second capacity different from the first capacity in view of the teachings of Sumida where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. ensures a broad range for performance control having high efficiency.
Regarding the controller [178] being configured to actively control the first valve and the second valve, Hoshino teaches a refrigerant circuit [0001] having a first on-off valve [81; 0028; 0029] and also teaches that the first on-off valve can be a check valve or a solenoid valve that can be controlled by control means [C1; 0098] thus one of ordinary skill in the art could have substituted the elements as claimed by known methods and that in combination, each element 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. provide structure whereby the refrigeration passage can be opened or closed by the control means.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Pickle to have the controller is configured to actively control the first valve and the second valve in view of the teachings of Hoshino where the elements could have been substituted by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide structure whereby the refrigeration passage can be opened or closed by the control means. See MPEP 2144.06 (II)
Regarding Claim 7, Pickle, as modified, teaches the invention of claim 1 above and Pickle teaches wherein condenser being arranged within the first fluid loop and the reheater being arranged within the second fluid loop [0042; 0047; fig 5; where a first loop may include the compressor [Wingdings font/0xE0] condenser [Wingdings font/0xE0] evaporator [Wingdings font/0xE0] compressor and where a second loop may include compressor [Wingdings font/0xE0] reheat coil [Wingdings font/0xE0] evaporator [Wingdings font/0xE0] compressor]
Regarding Claim 12, Pickle, as modified, teaches the invention of claim 1 above and Pickle teaches the controller [178] is operably coupled to at least one sensor [at least 184], the controller being configured to actively manage the flow of the fluid through the HVAC system in response to the at least one sensed parameter measured by the at least one sensor [0049].
Regarding Claim 13, Pickle, as modified, teaches the invention of claim 12 above and Pickle teaches wherein the at least one sensor is associated with the reheater [0049].
Regarding Claim 14, Pickle, as modified, teaches the invention of claim 13 above and Pickle teaches wherein the at least one sensor is configured to monitor a temperature of a flow of supply air at or downstream from the reheater [0049].
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pickle et al. (US2022/0397296), Sumida et al. (US6003323) and Hoshino et al. (JP2015183567A) as applied to claim 1 above, and further in view of Harper (US5752389).
Regarding Claim 2, Pickle, as modified, teaches the invention of claim 1 above and Pickle teaches a filter drier [0028].
Pickle does not explicitly teach where the filter drier is arranged downstream from and in fluid communication with the condenser and the reheater, the filter drier being arranged within the housing.
However, Harper teaches an air conditioner having a filter drier [40; fig 2] where the filter drier is arranged downstream from and in fluid communication with a condenser [34] and a reheater [54], the filter direr being arranged within a housing [col 8, line 62- col 10, line 4; figs 1 & 2] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element 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 an air conditioner having reduced energy cost [col 5, lines 45-50].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Pickle to have where the filter drier is arranged downstream from and in fluid communication with the condenser and the reheater, the filter drier being arranged within the housing in view of the teachings of Harper where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. providing an air conditioner having reduced energy cost.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pickle et al. (US2022/0397296), Sumida et al. (US6003323), Hoshino et al. (JP2015183567A) and Harper (US5752389) as applied to claim 2 above, and further in view of Kesling (US3091946).
Regarding Claim 4, Pickle, as modified, teaches the invention of claim 1 above but does not explicitly teach wherein the housing includes an access panel and the filter drier is positioned adjacent to the access panel.
However, Kesling teaches a refrigerator having a housing [fig 1] wherein the housing includes an access panel [see Drawing I] and a filter drier [133] is positioned adjacent to the access panel [Drawing I] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element 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 access to the refrigerating components.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Pickle to have wherein the housing includes an access panel and the filter drier is positioned adjacent to the access panel in view of the teachings of Kesling where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. providing access to the refrigerating components.
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Drawing I
Claim(s) 15 - 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pickle et al. (US2022/0397296) and Sumida et al. (US6003323) in view of Muthusubramanian (US2019/0101314).
Regarding Claim 15, Pickle teaches a method of operating a heating, ventilation, and air conditioning (HVAC) system [0013; fig 6], comprising:
providing a HVAC system including a plurality of compressors [154; 0028; 0053], an evaporator [176], a condenser [at least condenser 162; 0042; see also 0043; where junction point 156 may include a valve and may be controlled to adjust a first amount of a refrigerant flow to condenser 158 relative to a refrigerant flow to condenser 162. Thus, junction point can direct all of the refrigerant flow to condenser 162. The system is being interpreted as having a scenario where all of the refrigerant flow is directed to condenser 162]; and
a reheater [164], and
the condenser and the reheater being arranged in parallel to define a plurality of fluid flow loops [0042; 0047-0052; fig 5];
wherein the plurality of flow loops comprising a first flow loop and a second flow loop [0042; 0047; fig 5];
providing a controller [178] configured to actively control a modulating valve [160] of a refrigerant management system of the HVAC system [0049],
the first valve [169] disposed in the first fluid flow loop, and the second valve [175] disposed in the second fluid flow loop [0044; 0045; fig 5]; wherein the first valve [169] is directly connected to an intersection of the first and second flow loops [0042; 0043; by inspection at fig 5 where the first valve is directly connected to said intersection];
blocking a fluid within the second fluid flow loop from entering the first fluid flow loop via the first valve [0044; 0045];
blocking a fluid within the first fluid flow loop from entering the second fluid flow loop via the second valve [0044; 0045];
receiving information about at least one parameter of the HVAC system [0049]; determining a position of the modulating valve in response to the information about the at least one parameter of the HVAC system [0049];
adjusting the modulating valve to the determined position to direct the fluid output from the plurality of compressors to at least one of the condenser and the reheater [0047-0050]; and in response to adjusting the modulating valve, controlling a rate of a fluid flow concurrently directed to the condenser and the reheater as the HVAC system transitions between one or more modes of operation [0047-0050].
Pickle does not explicitly teach the plurality of compressors being arranged in parallel; wherein the plurality of compressors comprises a first compressor and a second compressor, the first compressor having a first capacity and the second compressor having a second capacity different from the first capacity; and
providing a controller configured to actively control a first valve and a second valve of a refrigerant management system of the HVAC system;
selecting at least one of the plurality of compressors in response to the information about the at least one parameter of the HVAC system.
However, Sumida teaches an air conditioning apparatus [fig 3] having where a plurality of compressors [1a, 1b] being arranged in parallel; wherein the plurality of compressors comprises a first compressor and a second compressor, the first compressor having a first capacity and the second compressor having a second capacity different from the first capacity [col 10, line 66-col 11, line 19] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element 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. ensuring a broad range for performance control having high efficiency [col 11, lines 11-19].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Pickle to have where the plurality of compressors being arranged in parallel; wherein the plurality of compressors comprises a first compressor and a second compressor, the first compressor having a first capacity and the second compressor having a second capacity different from the first capacity in view of the teachings of Sumida where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. ensures a broad range for performance control having high efficiency.
Regarding a controller configured to actively control a first valve and a second valve of a refrigerant management system of the HVAC system, Hoshino teaches a refrigerant circuit [0001] having a first on-off valve [81; 0028; 0029] and also teaches that the first on-off valve can be a check valve or a solenoid valve that can be controlled by control means [C1; 0098] thus one of ordinary skill in the art could have substituted the elements as claimed by known methods and that in combination, each element 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. provide structure whereby the refrigeration passage can be opened or closed by the control means.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Pickle to have a controller configured to actively control a first valve and a second valve of a refrigerant management system of the HVAC system in view of the teachings of Hoshino where the elements could have been substituted by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide structure whereby the refrigeration passage can be opened or closed by the control means. See MPEP 2144.06 (II)
Lastly, Muthusubramanian teaches a compressor control system having parallel compressors [0002; fig. 3] that selects at least one of the plurality of compressors in response to the information about the at least one parameter of the HVAC system [0087-0089] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element 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. ensures a system that provides consistent and efficient operation [0004].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Pickle to select at least one of the plurality of compressors in response to the information about the at least one parameter of the HVAC system in view of the teachings of Muthusubramanian where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. ensures a system that provides consistent and efficient operation.
Regarding Claim 16, Pickle, as modified, teaches the invention of claim 15 above and Pickle teaches wherein the information about the at least one parameter of the HVAC system is collected by a sensor [0042; 0047-0052].
Regarding Claim 17, Pickle, as modified, teaches the invention of claim 16 above and Pickle teaches wherein the sensor is operable to monitor a temperature of a supply air output from the reheater [0042; 0047-0052].
Regarding Claim 18, Pickle, as modified, teaches the invention of claim 15 above and Muthusubramanian teaches wherein the at least one parameter of the HVAC system includes an operational mode of the HVAC system [0082; where a determination is made to determine the required operational mode of the system].
Regarding claim 19, Pickle, as modified, teaches the invention of claim 15 above and Muthusubramanian teaches wherein the at least one parameter of the HVAC system includes an on/off status of the HVAC system [0082; where the determined operational mode is an OFF status].
Claim(s) 21-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pickle et al. (US2022/0397296) in view of Hoshino et al. (JP2015183567A).
Regarding Claim 21, Pickle teaches a heating, ventilation, and air conditioning (HVAC) system [fig 5] comprising:
a plurality of compressors [154; 0028; 0053];
a first flow loop comprising a condenser [at least condenser 162; 0042; see also 0043; where junction point 156 may include a valve and may be controlled to adjust a first amount of a refrigerant flow to condenser 158 relative to a refrigerant flow to condenser 162. Thus, junction point can direct all of the refrigerant flow to condenser 162. The system is being interpreted as having a scenario where all of the refrigerant flow is directed to condenser 162] and a first flow control valve [169; 0044; 0045];
a second flow loop comprising a reheater [164] and a second flow control valve [175; 0044; 0045],
wherein the first flow loop and the second flow loop are arranged in parallel [0042; 0046; fig 5];
wherein the first valve [169] is directly connected to an intersection of the first and second flow loops [0042; 0043; by inspection at fig 5 where the first valve is directly connected to said intersection];
a modulating valve [160] arranged in fluid communication with an output of the plurality of compressors, the first flow loop, and the second flow loop [0042; 0047]; and
a controller [178; fig 5] configured to: control the modulating valve between a first, second, and third mode of operation [0047-0050]; and
whereas Pickle teaches the first flow control valve prevents fluid output from the reheater from flowing in the first flow loop and/or the second control valve prevents fluid output from the condenser from flowing in the second flow loop [0047-0050; 0044; 0045; fig 5], Pickle does not teach where a controller [178; fig 5] configured to adjust the first flow control valve and/or adjust the second control valve.
However, Hoshino teaches a refrigerant circuit [0001] having a first on-off valve [81; 0028; 0029] and also teaches that the first on-off valve can be a check valve or a solenoid valve that can be controlled by control means [C1; 0098] thus one of ordinary skill in the art could have substituted the elements as claimed by known methods and that in combination, each element 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. provide structure whereby the refrigeration passage can be opened or closed by the control means.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Pickle to have where a controller [178; fig 5] is configured to adjust the first flow control valve and/or adjust the second control valve in view of the teachings of Hoshino where the elements could have been substituted by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide structure whereby the refrigeration passage can be opened or closed by the control means. See MPEP 2144.06 (II)
Regarding Claim 22, Pickle, as modified, teaches the invention of claim 21 above and Pickle teaches wherein the first mode of operation comprises a cooling mode, wherein in the cooling mode, the modulating valve is configured to allow the fluid to circulate only within the first flow loop [0051].
Regarding Claim 23, Pickle, as modified, teaches the invention of claim 21 above and Pickle teaches wherein the second mode of operation comprises a reheat mode, wherein in the reheat mode, the modulating valve is configured to allow the fluid to circulate only within the second flow loop [0051].
Regarding Claim 24, Pickle, as modified, teaches the invention of claim 21 above and Pickle teaches wherein the third mode of operation comprises a combination mode, wherein in the combination mode, the modulating valve is configured to simultaneously allow a first portion of the fluid to circulate within the first flow loop and a second portion of the fluid to circulate within the second flow loop [0047-0050].
Regarding Claim 25, Pickle, as modified, teaches the invention of claim 24 above and Pickle teaches wherein in the combination mode, the controller is configured to adjust the first flow control valve and the second flow control valve to allow the first portion of the fluid to flow only within the first fluid loop, and the second portion of the fluid to flow only within the second fluid loop in parallel [0047-0050].
Response to Arguments
On pages 7-11 of the remarks, Applicant argues with respect to claims 1, 15 and 21 that Pickle et al. (US2022/0397296) as modified by at least Sumida et al. (US6003323), Hoshino et al. (JP2015183567A) and Muthusubramanian (US2019/0101314) does not teach “…wherein the first valve is directly connected to an intersection of the first and second flow loops.” Applicant's arguments filed have been fully considered but they are not persuasive.
In response to Applicant’s arguments, Pickle teaches a heating, ventilation, and air conditioning (HVAC) system [fig 5] comprising: among other elements a plurality of compressors [154; see 0028; 0053], a condenser [at least condenser 162]; and a first valve [169] arranged within a first flow loop downstream from the condenser [162], the first valve being configured to allow the fluid to flow in only a first direction [0044]; wherein the first valve is directly connected to an intersection of the first and second flow loops [0042; 0043; by inspection at fig 5 where the first valve is directly connected to said intersection]. See the rejection of claim 1 for detailed discussion.
MPEP 2123 states in part that “a reference may be relied upon for all that is would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments.” Inclusive of …where reference(s) disclose optional inclusion of a particular component.
MPEP 2141.03 states in part that "A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007). "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle." Id. at 420, 82 USPQ2d 1397. Office personnel may also take into account "the inferences and creative steps that a person of ordinary skill in the art would employ."
Thus, the fact that Pickle teaches at 0042; 0043 that a valve at 156 can variably direct refrigerant to condenser 158 and refrigerant to condenser 162 suggests that all of the refrigerant can be directed to condenser 162. In such a scenario, condenser 158 is functionally removed from the system and one skilled in the art could even envision where the condenser 158 could also be structurally removed from the system. Lastly, with respect to the broad nature of the claim language, the direct connection of valve 169 to the recited intersection is a direct fluid connection. Accordingly, the rejection is maintained.
On page 9 of the remarks, Applicant argues that the combination of Pickle and Sumida is improper because the combination would render the Sumida inoperable. Applicant's arguments filed have been fully considered but they are not persuasive.
In response to Applicant’s arguments, Applicant’s arguments amount to an argument 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).
In this instance, Pickle clearly discloses compressors that can be arranged in various arrangements and stages. See Pickle at 0028. Sumida was simply used to teach a parallel arrangement. See Sumida at [col 10, line 66-col 11, line 19]. Sumida’s alleged inoperability is not germane to the combination of references.
See MPEP 2143.01 which states in part “…If a proposed modification would render the prior art invention being modified unsatisfactory for its intended purpose, there may be no suggestion or motivation to make the proposed modification.” Sumida is not being modified. Accordingly, the rejection is maintained. Arguments with respect to claims 15 and 21 are similarly asserted.
For at least the reasons above, claims 1, 2, 4, 7, 12-19 and 21-25 remain rejected.
Conclusion
THIS ACTION IS MADE FINAL. 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 LARRY L FURDGE whose telephone number is (313)446-4895. The examiner can normally be reached M-R 6a-3p; F 6a-10a.
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/LARRY L FURDGE/Primary Examiner, Art Unit 3763