DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 and 7-9 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Murakami et al. (US 2008/0190130 A1).
Regarding claim 1, Murakami discloses (Figure 1-9) a climate control system comprising: a first heat exchanger assembly (outdoor heat exchange assembly 40); a second heat exchanger assembly (at either indoor heat exchanger 50 or heat exchanger 60); a fluid circuit configured to circulate a fluid between the first heat exchanger assembly and the second heat exchanger assembly, wherein the fluid circuit includes: a supply line configured to flow fluid from the first heat exchanger assembly to the second heat exchanger assembly ( at section 45B of the line 45 from heat exchanger 40 to line 71); a buffer tank assembly positioned along the supply line (at reservoir 70 with lines 71 and 73 and valves 72 and 74 and optionally bypass valve 90 in figure 6-8), the buffer tank assembly including a buffer tank (70) and a flow control device (valves 72 and 74 and optionally bypass valve 90 in figure 6-8), wherein the buffer tank assembly includes: a first flow path that extends through the buffer tank (where line 71 and 73 flow into and out of reservoir 70 per paragraph 0036); and a second flow path that bypasses the buffer tank ( where line 45B extends past line 71 toward heat exchanger 50); and one or more sensors configured to detect a temperature of fluid in the fluid circuit (sensor 81, 84, 85, and 86 all sense temperature per paragraph 0037); and a controller (100) that is configured to actuate the flow control device to adjust a flow rate along the first flow path and the second flow path based on an output from the one or more sensors to store thermal energy in or distribute thermal energy from the buffer tank (per at least paragraph 0059-0061) wherein the supply line (45B) includes an inlet line (at 71) extending between the first heat exchanger assembly (40) and the buffer tank assembly (70) and an outlet line (73) extending between the buffer tank assembly and the second heat exchanger assembly (At the portion of 45B extending from the line 47 to heat exchanger 50 or from line 73 which extends to a connection point between the heat exchangers 50 and 60).
Regarding claim 2, Murakami discloses the claim limitations of claim 1 above and Murakami further discloses the flow control device comprises a three-way flow control valve (at valve 90 which includes at least three ports) that is configured to flow fluid along the first flow path (along line 73), the second flow path, or a combination of the first flow path and the second flow path based on an output from the one or more sensors (per at least paragraph 0059-0061, when fluid is allowed to flow through line 73 or not).
Regarding claim 3, Murakami discloses the claim limitations of claim 2 above and Murakami further discloses the fluid circuit further comprises: a return line configured to flow fluid from the second heat exchanger assembly to the first heat exchanger assembly (at line 35) ; a diversion line (at line 45A which leads back to the heat exchanger 40) extending between the return line and the inlet line; and a second flow control device (valve 30) that is configured to control fluid flow along the diversion line, wherein the controller is configured to actuate the second flow control device based on an output from the one or more sensors (per paragraph 0038).
Regarding claim 7, Murakami discloses the claim limitations of claim 2 above and Murakami further discloses wherein the flow control device includes a first port in fluid communication with a bypass line (where line 45B extends past line 71 toward heat exchanger 50) that bypasses the buffer tank and a second port in fluid communication with the buffer tank (on either side of valve 72 where or on valve 90 where one port can be in communication with the portion of bypass line 45B bypassing the reservoir 70 via line 51A as seen in figure 6 and another port in communication with the reservoir 70 through line 73).
Regarding claim 8, Murakami discloses the claim limitations of claim 7 above and Murakami further discloses the second port is in fluid communication with an inlet of the buffer tank (valve 90 is in communication with the inlet and line 72 of reservoir 70 through line 73), and wherein the flow control device includes a third port in fluid communication with the inlet line (As the valve 90 is in communication with the inlet line 71 through the return path through heat exchanger 60 as the fluid can flow in reversible loops).
Regarding claim 9, Murakami discloses the claim limitations of claim 7 above and Murakami further discloses the second port is in fluid communication with an outlet of the buffer tank (where fluid flows from reservoir 70 into line 73), and wherein the flow control device includes a third port in fluid communication with the outlet line (any other port of the valve 90 is in communication with the outlet line 73 through the return path through heat exchanger 60 as the fluid can flow in reversible loops).
Regarding claim 16, Murakami discloses (Figure 1-9) a buffer tank assembly for a hydronic climate control system, the buffer tank assembly (at reservoir 70 with lines 71 and 73 and valves 72 and 74 and optionally bypass valve 90 in figure 6-8) comprising: a buffer tank (70) including an inlet port and an outlet port (where fluid flows into reservoir 70 from line 71 and out of reservoir 70 into line 73); an inlet line connected to the inlet port (line 71); an outlet line connected to the outlet port (line 73); a bypass line (where line 45B extends past line 71 toward heat exchanger 50) connected to the inlet line and the outlet line so that the buffer tank assembly defines a first flow path from the inlet line to the outlet line through the buffer tank and a second flow path from the inlet line to the outlet line through the bypass line (as seen in the figure s1-8); and a flow control device in fluid communication with the buffer tank and the bypass line (valves 72 and 74 and optionally bypass valve 90 in figure 6-8), wherein the flow control device is actuatable to control fluid flow along the first flow path and the second flow path (per at least paragraph 0059-0061), wherein the inlet port (where fluid flows into reservoir 70 from line 71) is coupled to a first heat exchanger assembly (outdoor heat exchange assembly 40) and the outlet port (where fluid flows out of reservoir 70 into line 73) is coupled to a second heat exchanger (at either indoor heat exchanger 50 or heat exchanger 60, where the inlet and outlet ports are fluidically coupled to the heat exchangers 40 and 50 or 60 as the heat exchangers and reservoir are all coupled together in a closed loop along refrigerant lines 35, 45 and 55 per paragraph 0029 with the flow paths direction as seen by the arrows as seen in the embodiments in figures 1-5 and 6-8 ).
Regarding claim 17, Murakami discloses the claim limitations of claim 16 above and Murakami further discloses the flow control device comprises a three-way control valve that is connected to the bypass line and at least one of the inlet line and the outlet line (at valve 90 which includes at least three ports).
Regarding claim 18, Murakami discloses the claim limitations of claim 17 above and Murakami further discloses the flow control device (90) is positioned at an intersection of the inlet line and the bypass line (where line 45B extends past line 71 toward heat exchanger 50, where either line 71 or 73 can be the inlet lien depending on how the fluid is flowing, where line 73 can be the inlet in the control state disclosed in paragraph 0058).
Regarding claim 19, Murakami discloses the claim limitations of claim 17 above and Murakami further discloses the flow control device (90) is positioned at an intersection of the outlet line (73) and the bypass line (where line 45B extends past line 71 toward heat exchanger 50 and to valve 90).
Regarding claim 20, Murakami discloses the claim limitations of claim 17 above and Murakami further discloses, wherein the inlet port is more proximate a bottom end than a top end of the buffer tank, and wherein the outlet port is more proximate the top end than the bottom end of the buffer tank (as the ends are relative terms the bottom and top could be any side relative that is top or bottom relative to a given viewpoint as such the tank could have the inlet mor proximate to a bottom end on the left side of figure 1 and the outlet more proximate to a top end on the right side of figure 1 additionally as the ends are not further defined the bottom end could be in the bottom left most corner of the reservoir 70 of figure 1 and the top end could be in the top right most corner of the reservoir in figure 1).
Allowable Subject Matter
Claims 4-6 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 4, Murakami discloses the claim limitations of claim 3 above and Murakami further discloses the fluid circuit further comprises: a recirculation line that is configured to flow fluid from an outlet of the buffer tank to the return line (at line 55a in figure 2 or line 93 in figure 6 which allows for bypassing of heat exchanger 50), wherein the recirculation line bypasses the second heat exchanger assembly (50); However Murakami does not disclose a third flow control device positioned along the return line that is configured to control fluid flow along the recirculation line to the return line, wherein the controller is configured to actuate the third flow control device based on an output from the one or more sensors. As any third flow control device that can be reasonably interpreted from Murakami cannot be interpreted in the position claimed relative return line as previously claimed. None of the additionally cited prior art below appear to solve this deficiency, as none disclose a bypass of a buffer tank with the return liens and recirculation lines connected to a flow control device in the manner claimed. Claims 5 and 6 would be potentially allowable based on their dependency from claim 4.
Response to Arguments
Applicant's arguments filed 2/9/2026 have been fully considered but they are not persuasive. Regarding the applicant’s arguments that Murakami does not read on the claims as the outlet line/ outlet port of Murakami is not coupled to the second heat exchange assembly in the manner claimed in amended claim 1 and claim 16, the examiner respectfully disagrees and notes that the claims do not require a direct coupling between the outlet port or the outlet line and the second heat exchanger; as such, additional elements can be present between the outlet of the buffer tank and the second heat exchanger. Therefore Murakami discloses wherein the inlet port (where fluid flows into reservoir 70 from line 71) is coupled to a first heat exchanger assembly (outdoor heat exchange assembly 40) and the outlet port (where fluid flows out of reservoir 70 into line 73) is coupled to a second heat exchanger (at either indoor heat exchanger 50 or heat exchanger 60, where the inlet and outlet ports are fluidically coupled to the heat exchangers 40 and 50 or 60 as the heat exchangers and reservoir are all coupled together in a closed loop along refrigerant lines 35, 45 and 55 per paragraph 0029 with the flow paths direction as seen by the arrows as seen in the embodiments in figures 1-5 and 6-8, as required by claim 16 and similar limitations as noted in claim 1 above. Where the outlet port and line 73 is indirectly coupled to the heat exchangers 50 and 60 through additional lines 55A and 55B for heat exchanger 60 in figures 1-5. Heat exchanger 50 is connected to line 73 in at least figure 8 where “with refrigerant lines 93 and 51A connected in flow communication via the suction line bypass valve 90, refrigerant from the charge tank 74 can enter the refrigerant circuit whenever the solenoid valve 74 in line 73 is opened by the system controller” per paragraph 0050 of Murakami. Therefore the amended claims still allow for abroad definition of the connection /coupling between the outlet lines/outlet ports and the second heat exchanger; and Murakami still reads on the amended claim limitations of claim 1 and 16 as noted above.
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 HANS R. WEILAND whose telephone number is (571)272-9847. The examiner can normally be reached Monday-Thursday 6-3 EST and alternating Fridays.
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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.
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/HANS R WEILAND/Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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