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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/11/2026 has been entered.
Status
This Office Action is in response to the remarks and amendments filed 05/11/2026. Claims 1-20 remain pending for consideration on the merits.
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.
Claims 1, 7-10, 12-16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ishiyama (US 20200309435 A1), and further in view of Wang et al. (US 20200200403 A1, hereinafter “Wang”).
Regarding Claim 1 Ishiyama teaches a climate control system [100; Fig. 1] comprising:
an evaporator [3 or 5];
a condenser [3 or 5; ¶ 0031, 0033; heat exchangers 3 and 5 may each operate as an evaporator or a condenser depending on the operation];
one or more refrigerant lines [at least 11-16] that partially define a fluid circuit for a refrigerant between the evaporator and the condenser [Fig. 1; ¶ 0026; apparent from inspection];
a variable speed compressor [1] lubricated by oil, the compressor being coupled to the fluid circuit so that the oil is exposed to the refrigerant [¶ 0029; compressor receives refrigerating oil] [¶ 0088-0091; the controller may set an operating frequency of the compressor, therefore the compressor is variable]; and
a controller [10] operatively coupled to the compressor and including control circuitry [¶ 0036] that is configured to:
receive a diameter of at least one of the one or more refrigerant lines [¶ 0081-0091; Ishiyama discloses that it is well known in the prior art that both the oil rising limit velocity (Ug*) and the gas refrigerant flow velocity (Ug) are proportional to the inner diameter (di) of the pipe [See math expression (1) and (2), Pg. 7]; Therefore, the controller must necessarily be capable of receiving a diameter of the pipe to utilize the known math expression (1), to calculate Ug and Ug*, to fulfill the function] [Alternatively, see Wang et al. discussion below]; and
increase a minimum operating speed of the compressor based at least in part on the diameter to provide a minimum flow velocity for the refrigerant to return oil to the compressor through the fluid circuit during operation of the climate control system [¶ 0081-0091; controller 10 sets the minimum operating frequency for the compressor so that the refrigerant in the pipe flows at a velocity (Ugc) being less than the oil rising limit velocity (Ug*); Ishiyama discloses that it is well known in the prior art that both the oil rising limit velocity (Ug*) and the gas refrigerant flow velocity (Ug) are proportional to the inner diameter of the pipe [See math expression (1) and (2), Pg. 7], and that manipulating said target flow velocities induce certain scenarios (i.e. stagnating oil or flowing oil in refrigerant) [See at least Fig. 10]; while operating the compressor at the minimum frequency, the controller may enter an oil-recovery mode to return said oil back to the compressor; more specifically, oil stagnating in the extension pipe may be recovered to the compressor upon switching to the oil recovery operation mode, therefore stating that the system is capable of increasing the speed of the compressor to return said oil to the compressor [¶ 0090]; additionally, see Fig. 9 showing the refrigerator oil rising along a wall surface of the pipe when Ug* ≤ Ug;];
While Ishiyama teaches that diameter is a known proportion to indicate oil and gas limit and flow velocities (Ug & Ug*), wherein a controller communicates control of the system with a storage device, an input/output buffer and a CPU, with said proportions (Ug) in consideration [¶ 0036, 0081], Ishiyama does not explicitly state that the controller receives, as an input, a diameter value; wherein the operating speed of the compressor is based at least in part on the diameter value input to the controller; and wherein the minimum operating speed is further based, in part, on a refrigerant type.
However, Wang teaches a method and apparatus for adjusting oil volume of a compressor [Figs. 1-3], comprising indoor units [200], an outdoor heat exchanger [130] and a compressor [110] having an oil volume adjustment based on the flow chart method of Fig. 3, wherein a switching unit [151] may be controlled to turn on and off the oil volume adjusting unit [¶ 0035-0037]. Wang further teaches in step 3 [S3; Fig. 3] to acquire a pipe diameter of the low-pressure piping, wherein step 4 determines a redundant oil volume to be recovered, according to at least said pipe diameter previously acquired [¶ 0042-0046]. Wang also teaches further alternative relationships the system may be controlled by (i.e. pressure loss P1) as a result of acquiring a pipe diameter to apply to known equations [¶ 0048]. Furthermore, Wang discloses that the diameters of the piping may be acquired according to a predetermined model table, likened to a map [¶ 0045]. Wang further discloses that refrigerant flow quantity may be acquired from calculation based on a ten-coefficient equation of the compressor (see equation for Q in ¶ 0044), wherein the values Tev is a low-pressure saturation temperature, and Tcd is a high-pressure saturation temperature [¶ 0044]. Saturation temperature is the specific temperature at which a specific refrigerant coexists as a liquid and a vapor. In order for the system of Wang to solve for a control value of Q, Tev and Tcd must be known, and therefore controls the operation at least based, in part, on a particular refrigerant’s characteristics (refrigerant type). Wang teaches that pipe diameter is a variable known to impact the flow of oil in a pipe, and thus providing diameter as a variable in known equations enables a means to control a difference between a high pressure and low pressure portion of a system, such as manipulating oil discharge rates and durations [S5; Fig. 3; ¶ 0049-0051]. One of ordinary skill in the art could have combined the controller input as claimed by known methods and that in combination, the controller input 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. pipe diameter is a variable known to impact the flow of oil in a pipe, and thus providing diameter as a variable in known equations enables a means to control a difference between a high pressure and low pressure portion of a system, such as manipulating oil discharge rates and durations [¶ 0049-0051].
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 Ishiyama to have wherein the controller receives, as an input, a diameter value; and wherein the operating speed of the compressor is based at least in part on the diameter value input to the controller, in view of the teachings of Wang, 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. pipe diameter is a variable known to impact the flow of oil in a pipe, and thus providing diameter as a variable in known equations enables a means to control a difference between a high pressure and low pressure portion of a system, such as manipulating oil discharge rates and durations.
Regarding Claim 7, Ishiyama, as modified, teaches a method of controlling an operating speed of a compressor of a climate control system [Fig. 1], the method comprising:
(a) receiving, as an input, a diameter value of a refrigerant line of the climate control system with a control circuitry [10] [¶ 0081-0091; Figs. 9-11; controller 10 controls the system based at least on the relationship between the oil rising limit velocity (Ug*) and a refrigerant flow velocity (Ug), wherein both flow velocities are proportional to a pipe diameter (di); see mathematical expression (1). It may therefore be considered commonsensical that the controller receives values from at least the disclosed storage device and input/output buffer [¶ 0036]] [Also See S3 Fig. 3 of Wang];
(b) selecting, via the control circuitry, a compressor speed map [Figs. 10-11; Ug* ≤ Ugb, Ug* > Uga, or Ug* > Ugc] for the compressor based at least in part on a type of refrigerant of the climate control system and the diameter value of the refrigerant line [¶ 0081-0083; flow velocity (Ug) is proportional to the product of the inner pipe diameter and the difference between the oil density and the gas refrigerant density], the compressor speed map increasing a minimum operating speed of the compressor to return oil to the compressor via the refrigerant line [¶ 0088-0091; controller 10 may set a minimum operating frequency for the compressor to satisfy a desired expression, i.e. Ug* ≤ Ugb, Ug* > Uga, or Ug* > Ugc; oil stagnating in the extension pipe may be recovered to the compressor upon switching to the oil recovery operation mode, therefore stating that the system is capable of increasing the speed of the compressor to return said oil to the compressor [¶ 0090]]; and
(c) preventing operation of the compressor below the minimum operating speed via the control circuitry [¶ 0088; the controller controls the compressor to operate at the minimum frequency].
Regarding Claim 8, Ishiyama, as modified, teaches the method of claim 7 above and Ishiyama teaches wherein selecting the compressor speed map further comprises:
selecting the compressor speed map from a plurality of compressor speed maps based at least in part on the diameter value of the refrigerant line [¶ 0081-0091; Figs. 9-11; the controller sets the frequency of the compressor according on the desired condition (i.e. Figs. 9-11) based on math expression (1) being proportional to the refrigerant line diameter (di) (i.e. if the scenario of Fig. 9 is desired, the controller may set the compressor so that the expression Ug* ≤ Ug is satisfied] [Also see Wang ¶ 0044-0045 acquiring a diameter to calculate refrigerant flow quantity Q of a compressor].
Regarding claim 9, Ishiyama, as modified, teaches the method of claim 8 above and Ishiyama teaches wherein selecting the compressor speed map from a plurality of compressor speed maps further comprises selecting, via the control circuitry, the compressor speed map based also on an operating mode of the climate control system [¶ 0060; 0081-0091; Figs. 9-11; the expression Ug* ≤ Ug allows for Ug to be any number greater than Ug*, therefore, the compressor may operate at any rate after setting the minimum frequency while still satisfying said expression range].
Regarding claim 10, Ishiyama, as modified, teaches the method of claim 9 above and Ishiyama teaches wherein the operating mode comprises a cooling mode or a heating mode [¶ 0059-0060].
Regarding Claim 12, Ishiyama, as modified, teaches the method of claim 7 above and Ishiyama teaches wherein the control circuitry is at least partially included with a system controller [10; ¶ 0036] that is configured as a thermostat for the climate control system [¶ 0084; the system operates in response to an indoor temperature approaching target temperature].
Regarding Claim 13, Ishiyama teaches a climate control system, comprising:
a first unit [at least 3] including a first heat exchanger [indoor heat exchanger 3; ¶ 0031];
a second unit [at least 5] including a second heat exchanger [heat exchanger 5; ¶ 0033] and a variable speed or variable capacity compressor [1; ¶ 0088-0091; the controller may set an operating frequency of the compressor; therefore the compressor is variable];
a refrigerant line [at least 11-16] coupled between the first unit and the second unit [Figs. 1and 4-7]; and
control circuitry [10] communicatively coupled to the compressor [¶ 0036-0037; the controller controls the circuit, including the compressor];
the control circuitry configured to:
receive a diameter of the refrigerant line [¶ 0081-0091; Ishiyama discloses that it is well known in the prior art that both the oil rising limit velocity (Ug*) and the gas refrigerant flow velocity (Ug) are proportional to the inner diameter (di) of the pipe [See math expression (1) and (2), Pg. 7]; Therefore, the controller must necessarily be capable of receiving a diameter of the pipe to utilize the known math expression (1), to calculate Ug and Ug*, to fulfill the function]; and
select a compressor speed map [Figs. 10-11; Ug* ≤ Ugb, Ug* > Uga, or Ug* > Ugc] for the compressor based at least in part on a type of refrigerant of the climate control system and the diameter of the refrigerant line [¶ 0081-0083; flow velocity (Ug) is proportional to the product of the inner pipe diameter and the difference between the oil density and the gas refrigerant density], the compressor speed map increasing a minimum operating speed of the compressor [¶ 0088-0091; controller 10 may set a minimum operating frequency for the compressor to satisfy a desired expression, i.e. Ug* ≤ Ugb, Ug* > Uga, or Ug* > Ugc; oil stagnating in the extension pipe may be recovered to the compressor upon switching to the oil recovery operation mode, therefore stating that the system is capable of increasing the speed of the compressor to return said oil to the compressor [¶ 0090].
While Ishiyama teaches that diameter is a known proportion to indicate oil and gas limit and flow velocities (Ug & Ug*), wherein a controller communicates control of the system with a storage device, an input/output buffer and a CPU, with said proportions (Ug) in consideration [¶ 0036, 0081], Ishiyama does not explicitly state that the control circuitry receives, as an input, a diameter value; and wherein the selection of compressor speed maps is based at least in part on the diameter value.
However, Wang teaches a method and apparatus for adjusting oil volume of a compressor [Figs. 1-3], comprising indoor units [200], an outdoor heat exchanger [130] and a compressor [110] having an oil volume adjustment based on the flow chart method of Fig. 3, wherein a switching unit [151] may be controlled to turn on and off the oil volume adjusting unit [¶ 0035-0037]. Wang further teaches in step 3 [S3; Fig. 3] to acquire a pipe diameter of the low-pressure piping, wherein step 4 determines a redundant oil volume to be recovered, according to at least said pipe diameter previously acquired [¶ 0042-0046]. Wang also teaches further alternative relationships the system may be controlled by (i.e. pressure loss P1) as a result of acquiring a pipe diameter to apply to known equations [¶ 0048]. Furthermore, Wang discloses that the diameters of the piping may be acquired according to a predetermined model table, likened to a map [¶ 0045]. Wang teaches that pipe diameter is a variable known to impact the flow of oil in a pipe, and thus providing diameter as a variable in known equations enables a means to control a difference between a high pressure and low pressure portion of a system, such as manipulating oil discharge rates and durations [S5; Fig. 3; ¶ 0049-0051]. One of ordinary skill in the art could have combined the control circuitry input as claimed by known methods and that in combination, the control circuitry input 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. pipe diameter is a variable known to impact the flow of oil in a pipe, and thus providing diameter as a variable in known equations enables a means to control a difference between a high pressure and low pressure portion of a system, such as manipulating oil discharge rates and durations [¶ 0049-0051].
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 Ishiyama to have wherein the control circuitry receives, as an input, a diameter value; and wherein the selection of compressor speed maps is based at least in part on the diameter value, in view of the teachings of Wang, 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. pipe diameter is a variable known to impact the flow of oil in a pipe, and thus providing diameter as a variable in known equations enables a means to control a difference between a high pressure and low pressure portion of a system, such as manipulating oil discharge rates and durations.
Regarding Claim 14, Ishiyama, as modified, teaches the climate control system of claim 13 above and Ishiyama teaches wherein the control circuitry is configured to select the compressor speed map from a plurality of compressor speed maps [¶ 0081-0091; Figs. 9-11; the expression Ug* ≤ Ug allows for Ug to be any number greater than Ug*, therefore, the compressor may operate at any rate after setting the minimum frequency while still satisfying said expression range].
Regarding Claim 15, Ishiyama, as modified, teaches the climate control system of claim 14 above and Ishiyama teaches wherein the control circuitry is further configured to select the compressor speed map based on an operating mode of the climate control system [¶ 0060; 0081-0091; Figs. 9-11; the expression Ug* ≤ Ug allows for Ug to be any number greater than Ug*, therefore, the compressor may operate at any rate after setting the minimum frequency while still satisfying said expression range].
Regarding Claim 16, Ishiyama, as modified, teaches the climate control system of claim 15 above and Ishiyama teaches wherein the operating mode comprises a cooling mode or a heating mode [¶ 0059-0060].
Regarding Claim 18, Ishiyama, as modified, teaches the climate control system of claim 13 above and Ishiyama further teaches comprising a controller [10] that is co-located with the compressor, wherein the controller at least partially includes control circuitry [While the Figures generally show the controller adjacent to the controller, the prior art is merely silent as to the precise location of the controller. However, the location of the controller may be considered an obvious design choice regarding a rearrangement of parts [MPEP 2144.04 VI.C], as it does not readily appear that the location of the controller would significantly modify the operation of the controller. A review of the specification does not appear to provide any criticality regarding the location of the controller. As evidence, see Pham (US 20180045445 A1), Fig. 1 and ¶ 0050, showing that a controller co-located with a compressor is a known configuration in the art].
Claims 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Ishiyama and Wang as in claim 1 above, and further in view of Kawano et al. (US 20100089082 A1, hereinafter “Kawano”).
Regarding Claim 2, Ishiyama, as modified, teaches the climate control system of claim 1 above and Ishiyama teaches wherein the control circuitry is configured to:
select a plurality of compressor speed maps based at least in part on the refrigerant line diameter value [¶ 0081-0091; Figs. 9-11; the controller sets the frequency of the compressor according on the desired condition (i.e. Figs. 9-11) based on math expression (1) being proportional to the refrigerant line diameter (di) (i.e. if the scenario of Fig. 9 is desired, the controller may set the compressor so that the expression Ug* ≤ Ug is satisfied)];
select a first compressor speed map of the plurality of compressor speed maps based an operating mode of the climate control system, wherein the first compressor speed map defines the minimum operating speed [¶ 0081-0091; Figs. 9-11; the expression Ug* ≤ Ug allows for Ug to be any number greater than Ug*, therefore, the compressor may operate at any rate after setting the minimum frequency while still satisfying said expression range]; and
while Ishiyama teaches that the controller may set the frequency of the compressor [¶ 0088-0091], Ishiyama does not explicitly teach adjusting the operating speed of the compressor within the first compressor speed map.
However, Kawano discloses an air conditioner [10; Fig. 1] comprising an evaporator [22], a condenser [41] [¶ 0007], and a variable speed compressor [21] [¶ 0009] linked via a plurality of lines [circuit R]. Kawana also teaches an oil calculation means [51] to determine the amount of oil within the circuit [R], and a frequency control means [52] configured to increase the operating frequency of the compressor to recover machine oil from the circuit when the calculated value of 51 is greater than or equal to a predetermined value [¶ 0010]. Kawano further discloses that forcefully circulating the refrigerant with the compressor recovers the machine oil to the compressor, thereby providing a means to recover oil during the heating mode, thereby preventing the heating capacity from being reduced [¶ 0010-0011]. One of ordinary skill in the art could have applied a known technique to a known device (i.e. control compressor frequency to reclaim oil) and that in combination, the technique would improve the known device in a similar manner, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. forcefully circulating the refrigerant with the compressor recovers the machine oil to the compressor, thereby providing a means to recover oil during the heating mode, thereby preventing the heating capacity from being reduced [¶ 0010-0011].
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 Ishiyama to adjust the operating speed of the compressor within the first compressor speed map, in view of the teachings of Kawano, where applying a known technique to a known device with no change in their respective function would improve the known device in a similar manner and the combination would have yielded predictable results i.e. forcefully circulating the refrigerant with the compressor recovers the machine oil to the compressor, thereby providing a means to recover oil during the heating mode, thereby preventing the heating capacity from being reduced.
Regarding Claim 4, Ishiyama, as modified, teaches the climate control system of claim 2 above and Ishiyama teaches wherein the operating mode comprises a cooling mode or a heating mode [¶ 0029-0031; the system may operate in a cooling or heating operation].
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ishiyama, Wang and Kawano as in claim 2 above, and further in view of Boyd et al. (US 20240200815 A1, hereinafter “Boyd”).
Regarding Claim 3, Ishiyama, as modified, teaches the climate control system of claim 2 above and while Ishiyama teaches a sensor [51] on the refrigerant line adjacent to the outdoor heat exchanger [¶ 0035-0036; Fig. 1], Ishiyama does not explicitly further teach a temperature sensor that is configured to detect a value indicative of an outdoor ambient temperature, wherein the control circuitry is configured to adjust the operating speed within the first compressor speed map based at least in part on the outdoor ambient temperature.
However, Boyd teaches an HVAC system with variable capacity start up control [100; Figs. 5-6] comprising a compressor [110], a condenser [108], an evaporator [106] [¶ 0049], wherein a controller [136] may manage operations of the system [¶ 0054]. Boyd also teaches a plurality of sensors [130], including a sensor [146] configured to sense the ambient air of the outdoor environment [¶ 0064], wherein the controller may adjust the threshold capacity of the compressor based on updated data of set point temperature [¶ 0065]. Boyd further discloses that providing updated data via sensors allows the controller to provide an updated lower threshold operating capacity or simply an updated operating capacity [¶ 0065]. One of ordinary skill in the art could have combined the sensor as claimed by known methods and that in combination, the 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 updated data via sensors allows the controller to provide an updated lower threshold operating capacity or simply an updated operating capacity, therefore providing more consistent accuracy of target controls, thereby improving the system [¶ 0065].
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 Ishiyama to have a temperature sensor that is configured to detect a value indicative of an outdoor ambient temperature, wherein the control circuitry is configured to adjust the operating speed within the first compressor speed map based at least in part on the outdoor ambient temperature, in view of the teachings of Boyd 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 updated data via sensors allows the controller to provide an updated lower threshold operating capacity or simply an updated operating capacity, therefore providing more consistent accuracy of target controls, thereby improving the system.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Ishiyama, Wang, and Kawano as in claim 2 above, and further in view of Pham (US 20180045445 A1).
Regarding Claim 5, Ishiyama, as modified, teaches the climate control system of claim 2 above and Wang teaches to a apply a default diameter value [Wang ¶ 0042-0046; diameter D may be input from a predetermined model table]. While Ishiyama discloses the controller comprising a CPU, a storage device, an input/output buffer, and the like [¶ 0036], Ishiyama does not explicitly teach wherein the control circuitry is configured to receive the diameter value as a user input.
However, Pham teaches a refrigeration system [Fig. 1] comprising a compressor [14], a condenser [18], an evaporator [22], and a controller [46], wherein the controller may monitor and control the compressor based on a series of sensors and control parameters [¶ 0050]. Pham further discloses that the system may prompt the installer to input at least a line length and diameter [¶ 0090], thereby providing the controller data to calculate a subcooling temperature to contrast and control the system (i.e. the compressor) [¶ 0007, 0050, 0090]. One of ordinary skill in the art could have applied a known technique to a known device (i.e. provide data via user input) and that in combination, the technique would improve the known device in a similar manner, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. user input (i.e. line diameter) provides further data to the controller to calculate a subcooling temperature, thus providing a means to monitor, control, protect, and/or diagnose the compressor and the refrigeration system, thereby improving the system [¶ 0007, 0050, 0090].
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 Ishiyama to have wherein the control circuitry is configured to receive the diameter value as a user input, in view of the teachings of Pham where applying a known technique to a known device with no change in their respective function would improve the known device in a similar manner and the combination would have yielded predictable results i.e. user input (i.e. line diameter) provides further data to the controller to calculate a subcooling temperature, thus providing a means to monitor, control, protect, and/or diagnose the compressor and the refrigeration system, thereby improving the system.
Regarding Claim 6, Ishiyama, as modified, teaches the climate control system of claim 5 above and Ishiyama teaches wherein the default diameter value is a maximum diameter value of the one or more refrigerant lines [¶ 0048-0049; Figs.9-11; mathematical expression (1) (Ug) describes Figs. 9-11 specifically at extension pipe 15. Fig. 10 shows how oil stagnates at greater rates in larger diameters pipes (Uga) and flows in smaller diameter pipes (Ugb). Therefore because Ishiyama states that the oil stagnates in pipe 15, and not the rest of the system, that the mathematical expression (1) therefore describes the largest diameter pipe in the system].
Claims 11 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Ishiyama and Wang as in claim 9 and 15 above, and further in view of Boyd.
Regarding Claim 11, Ishiyama, as modified, teaches the method of claim 9 above and while Ishiyama teaches a sensor [51] on the refrigerant line adjacent to the outdoor heat exchanger [¶ 0035-0036; Fig. 1], Ishiyama does not explicitly further teach comprising (d) determining an outdoor ambient temperature; and (e) adjusting the operating speed of the compressor within the compressor speed map based at least in part on the outdoor ambient temperature.
However, Boyd teaches an HVAC system with variable capacity start up control [100; Figs. 5-6] comprising a compressor [110], a condenser [108], an evaporator [106] [¶ 0049], wherein a controller [136] may manage operations of the system [¶ 0054]. Boyd also teaches a plurality of sensors [130], including a sensor [146] configured to sense the ambient air of the outdoor environment [¶ 0064], wherein the controller may adjust the threshold capacity of the compressor based on updated data of set point temperature [¶ 0065]. Boyd further discloses that providing updated data via sensors allows the controller to provide an updated lower threshold operating capacity or simply an updated operating capacity [¶ 0065]. One of ordinary skill in the art could have combined the sensor as claimed by known methods and that in combination, the 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 updated data via sensors allows the controller to provide an updated lower threshold operating capacity or simply an updated operating capacity, therefore providing more consistent accuracy of target controls, thereby improving the system [¶ 0065].
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 Ishiyama to further comprise (e) determining an outdoor ambient temperature; and wherein (d) further comprises adjusting the operating speed of the compressor within the compressor speed map based at least in part on the outdoor ambient temperature, in view of the teachings of Boyd 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 updated data via sensors allows the controller to provide an updated lower threshold operating capacity or simply an updated operating capacity, therefore providing more consistent accuracy of target controls, thereby improving the system.
Regarding Claim 17, Ishiyama, as modified, teaches the climate control system of claim 15 above and while Ishiyama teaches a sensor [51] on the refrigerant line adjacent to the outdoor heat exchanger [¶ 0035-0036; Fig. 1], Ishiyama does not explicitly further teach comprising a temperature sensor that is configured to detect a value indicate of an outdoor ambient temperature and produce an output, and wherein the control circuitry is further configured to: receive the output from the temperature sensor; and adjust the operating speed of the compressor within the compressor speed map based at least in part on the output from the temperature sensor.
However, Boyd teaches an HVAC system with variable capacity start up control [100; Figs. 5-6] comprising a compressor [110], a condenser [108], an evaporator [106] [¶ 0049], wherein a controller [136] may manage operations of the system [¶ 0054]. Boyd also teaches a plurality of sensors [130], including a sensor [146] configured to sense the ambient air of the outdoor environment [¶ 0064], wherein the controller may adjust the threshold capacity of the compressor based on updated data of set point temperature [¶ 0065]. Boyd further discloses that providing updated data via sensors allows the controller to provide an updated lower threshold operating capacity or simply an updated operating capacity [¶ 0065]. One of ordinary skill in the art could have combined the sensor as claimed by known methods and that in combination, the 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 updated data via sensors allows the controller to provide an updated lower threshold operating capacity or simply an updated operating capacity, therefore providing more consistent accuracy of target controls, thereby improving the system [¶ 0065].
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 Ishiyama to have a temperature sensor that is configured to detect a value indicate of an outdoor ambient temperature and produce an output, and wherein the control circuitry is further configured to: receive the output from the temperature sensor; and adjust the operating speed of the compressor within the compressor speed map based at least in part on the output from the temperature sensor, in view of the teachings of Boyd 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 updated data via sensors allows the controller to provide an updated lower threshold operating capacity or simply an updated operating capacity, therefore providing more consistent accuracy of target controls, thereby improving the system.
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ishiyama as in claim 13 above, and further in view of Pham.
Regarding Claim 19, Ishiyama, as modified, teaches the climate control system of claim 13 above and while Ishiyama discloses the controller comprising a CPU, a storage device, an input/output buffer, and the like [¶ 0036], Ishiyama does not explicitly teach wherein the control circuitry is configured to receive the diameter value of the refrigerant line as a user input.
However, Pham teaches a refrigeration system [Fig. 1] comprising a compressor [14], a condenser [18], an evaporator [22], and a controller [46], wherein the controller may monitor and control the compressor based on a series of sensors and control parameters [¶ 0050]. Pham further discloses that the system may prompt the installer to input at least a line length and diameter [¶ 0090], thereby providing the controller data to calculate a subcooling temperature to contrast and control the system (i.e. the compressor) [¶ 0007, 0050, 0090]. One of ordinary skill in the art could have applied a known technique to a known device (i.e. provide data via user input) and that in combination, the technique would improve the known device in a similar manner, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. user input (i.e. line diameter) provides further data to the controller to calculate a subcooling temperature, thus providing a means to monitor, control, protect, and/or diagnose the compressor and the refrigeration system, thereby improving the system [¶ 0007, 0050, 0090].
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 Ishiyama to have wherein the control circuitry is configured to receive the diameter value of the refrigerant line as a user input, in view of the teachings of Pham where applying a known technique to a known device with no change in their respective function would improve the known device in a similar manner and the combination would have yielded predictable results i.e. user input (i.e. line diameter) provides further data to the controller to calculate a subcooling temperature, thus providing a means to monitor, control, protect, and/or diagnose the compressor and the refrigeration system, thereby improving the system.
Regarding Claim 20, Ishiyama, as modified, teaches the climate control system of claim 13 above and Wang teaches wherein the control circuitry is configured to apply a default refrigerant line diameter value [Wang ¶ 0042-0046; diameter D may be input from a predetermined model table].
Response to Arguments
On pages 6-7 of the remarks, Applicant argues that the prior art as cited does not teach the device as amended. Applicant argues that Ishiyama is different from the claimed invention, because Ishiyama teaches to control the compressor speed for the purposes of stagnating oil, further asserting that Ishiyama does not teach increasing the compressor speed to return oil to the compressor. Applicant’s arguments have been considered but are not persuasive.
Respectfully, Ishiyama discloses that while operating the compressor at the minimum frequency, the controller may enter an oil-recovery mode to return said oil back to the compressor. More specifically, oil stagnating in the extension pipe may be recovered to the compressor upon switching to the oil recovery operation mode, therefore stating that the disclosed structure is capable of accomplishing the claimed function of increasing the speed of the compressor to return said oil to the compressor [¶ 0090]. Figure 9 also depicts the refrigerator oil rising along a wall surface of the pipe when Ug* ≤ Ug, not in stagnation. Accordingly, the claims remain rejected.
On page 7 of the remarks, Applicant argues that the prior art as cited does not teach the device as amended. Applicant argues that the prior art does not suggest that control is based on refrigerant type in any way. Applicant’s arguments have been considered but are not persuasive.
Respectfully, Wang discloses that refrigerant flow quantity may be acquired from calculation based on a ten-coefficient equation of the compressor (see equation for Q in ¶ 0044), wherein the values Tev is a low-pressure saturation temperature, and Tcd is a high-pressure saturation temperature [¶ 0044]. Saturation temperature is the specific temperature at which a specific refrigerant coexists as a liquid and a vapor. In order for the system of Wang to solve for a control value of Q, Tev and Tcd must be known, and therefore controls the operation at least based, in part, on a particular refrigerant’s characteristics (refrigerant type). Accordingly, the claims remain rejected.
On pages 7-8 of the remarks, Applicant argues that a POSITA would not Apply the disclosure of Ishiyama to arrive at the claimed process, alleging that the prior art contains significantly different processes. Applicant appears to target the annotation of the “oil recovery operation” function, because some possible embodiments of the prior art disclose reversing the flow of refrigerant. Applicant’s arguments have been considered but are not persuasive.
In response to applicant's arguments 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). Accordingly, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Lastly, In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Conclusion
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/KEITH STANLEY MYERS/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
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