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 Status
Claims 1-3, 5-11, 13-19 are pending. Claims 4 and 12 have been canceled. Claims 1, 5, 10, and 13 have been amended.
Claim Objections
Claims 1-3 and 5-9 are objected to because of the following informalities: the line recites “a heating cycle” in line 2 and later in the claim repeat the recitation of “a heating cycle,” several times. The repeated recitation appears to be a grammatical error and should be -- the heating cycle--. Appropriate correction is required.
Response to Arguments
Applicant's arguments filed 06/25/2025 have been fully considered but they are not persuasive.
In response to applicant's argument that the Vogel reference and the Unekazi reference are nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, the Vogel reference teaches use of hot gas and the configurations of the structure of the reservoir. The Vogel reference also provides disclosure and teaching solutions to the claim limitations. The Vogel reference also utilizes hot gas and heat exchange. The limitations that Vogel was relied upon for provides the structural teaching to add specific structure components. Similarly, Unezaki teaches air or water source for heat exchange systems. The limitations that Unezaki was relied upon for provides the structural teaching to add specific structure components
In response to applicant's argument that the Vogel and Unezaki references cannot provide teaching to the Fukushima reference, 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, the claim limitations of the independent claims 1 and 10 recite contingent clauses. Such contingent clauses fail to limit the claim language, thus, rendering many of the wherein clauses merely optional and not requiring the steps to be performed or limit a claim to a specific structure. See MPEP 2111.04.
Thus, for the aforementioned reasons, applicant’s arguments are not found to be persuasive.
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 1-3, 5-11, and 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over Fukushima et al (JP 2003262429A, machine translation), hereafter referred to as “Fukushima,” in view of Unezaki et al. (US 8,109,105 B2), hereafter referred to as “Unezaki,” and Vogel et al. (US 6,286,322B1), hereafter referred to as “Vogel.”
Regarding Claim 1: Fukushima teaches a method of operating heat pump unit (1 and 2) comprising: during a heating cycle of the heat pump unit (page 9 of machine translation), separating a portion of refrigerant in a main refrigerant system (line with compressor 5 and components 17 and 7) of the heat pump (1 and 2) away from the main refrigerant system (line with compressor 5 and components 17 and 7) by way of a refrigerant charge control system (charge refrigerant held in tank 10) conductively engaged to the main refrigerant system (lines and components connected to compressor 5); wherein the refrigerant charge control system (via tank 10) comprises at least the following conductively engaged components: at least one refrigerant reservoir (10), and wherein the system further comprises a hot gas reheat system (15) conductively engaged to the main refrigerant system (lines and components connected to compressor 5), wherein the heat pump unit (1 and 2) distributes its total charge of refrigerant between said main refrigerant system (lines and components connected to compressor 5), said refrigerant charge control system (via 10) conductively engaged to the main refrigerant system (lines and components connected to compressor 5), and said hot gas reheat system (15); wherein said main refrigerant system (lines and components connected to compressor 5) is a variable-refrigerant-charge main refrigerant system (via control of the valves to feed into and out of 10); and wherein the heat pump unit (1 and 2) operates with a first amount of refrigerant in the main refrigerant system (lines and components connected to compressor 5) during a cooling or heating cycle (pages 8 and 9 of the machine translation).
Fukushima fails to teach that the heat pump is an air source heat pump unit; at least one inlet conduit with a tip, and at least one outlet conduit with a tip that extends into the reservoir such that the tip of the inlet pipe is located at a higher location relative to the tip of the outlet pipe; and a smaller second amount of refrigerant in the main refrigerant system during a heating or cooling cycle, respectively.
Vogel teaches a reservoir (310) at least one inlet conduit with a tip, and at least one outlet conduit with a tip that extends (see Figure 3) into the reservoir (30) such that the tip of the inlet pipe is located at a higher location relative to the tip of the outlet pipe (see inlet 315 of 314 into 310 in Figure 3 and 316 of 318).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided at least one inlet conduit with a tip, and at least one outlet conduit with a tip that extends into the reservoir such that the tip of the inlet pipe is located at a higher location relative to the tip of the outlet pipe to the structure/operating of Fukushima as taught by Vogel in order to advantageously provide the reservoir for efficient system arrangement (see Vogel, Column 9, lines 21-37).
Unezaki teaches a heat pump unit (see Figure 1) that is either an air source heat pump unit (Column 8, lines 22-27) or a water source heat pump unit (Column 8, lines 22-27); that refrigerant is stored in a reservoir (12) in a heating cycle (Column 30, lines 40-65), a cooling cycle (Column 30, lines 40-65), a reheat cycle (via exchanger 7), and having different relative amounts of refrigerant stored in reservoir (12) depending on the heating or cooling cycles in both an air or water sourced heat pump (Column 30, lines 40-65).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the heat pump is a water source heat pump and a smaller second amount of refrigerant in the main refrigerant system during a heating or cooling cycle, respectively and a smaller second amount of refrigerant in the main refrigerant system during a heating or cooling cycle, respectively to the structure/operation of Fukushima modified supra as taught by Unezaki in order to advantageously provide utilizing various heat transfer mediums (Unezaki, see Column 8, lines 22-27).
Fukushima teaches wherein the heat pump unit (1 and 2) further comprises a charge of refrigerant (refrigerant in 10) distributed between the main refrigerant system (lines and components connected to compressor 5) and the refrigerant charge control system (via 10).
Fukushima modified supra fails to teach wherein during a heating cycle operation of the heat pump unit no less than 50±5% of the refrigerant charge is in the main refrigerant system and up to 50±5% of the refrigerant charge is in the refrigerant charge control system; and during a cooling cycle operation of the heat pump unit at least 50±5% of the refrigerant charge is in the main refrigerant system and no more than 50±5% of the refrigerant charge is in the refrigerant charge control system.
Fukushima modified supra does, however, disclose that the refrigerant and heat pump unit, the structure and operating the refrigerating apparatus. Therefore, the manner of operating the refrigeration circuit to achieve specific operating refrigerant charge during various operations is recognized as a result-effective variable, i.e. a variable which achieves a recognized result and optimization through routine experimentation. In this case, the recognized result is that a change in temperatures of the refrigerant during various operating modes and would result when the refrigerant charge ratios of the apparatus are changed/varied. Therefore, since the general conditions of the claim, were disclosed in the prior art by Fukushima modified supra, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the refrigeration structure, refrigerant charge ratio as disclosed by Fukushima modified supra having it operating with the various refrigerant charge ratios and temperature ranges. Furthermore, the ratios and ranges is recognized by the Examiner to be a very broad range, and a range that an ordinary skill in the art before the effective filing date of the claimed invention. See MPEP 2144.04 IV A and 2144.05 II A and B.
Regarding Claim 2: Fukushima teaches further comprising: during a cooling cycle (7 acts as a condenser, page 8 of machine translation) of the heat pump unit (all elements in 1 and 2), adding the separated refrigerant back to the main refrigerant system (lines and components connected to compressor 5) by way of the refrigerant charge control system (charge held in 10 feeds back to compressor 5 via opening of valve 9).
Regarding Claim 3: Fukushima teaches further comprising: during a hot gas reheat cycle (flow through 15 and 19 from 5 via 12) of the heat pump unit (1 and 2), directing a portion of refrigerant away from the main refrigerant system (lines and components connected to compressor 5) through a hot gas heat exchanger (15) and back to the main refrigerant system (1).
Regarding Claim 5: Fukushima teaches wherein a majority of the refrigerant in the refrigerant charge control system (charge held in 10) is vertically lower than a majority of the charge of refrigerant in the main refrigerant (see piping loop throughout 1 and 2).
Regarding Claim 6: Fukushima teaches wherein the main refrigerant system (lines and components connected to compressor 5) comprises at least the following conductively engaged components: at least one compressor (5), at least one high pressure heat exchanger (7), at least one low pressure heat exchanger (17), at least one expansion valve (16), and at least one reversing valve (6).
Regarding Claim 7: Fukushima teaches wherein the at least one high pressure heat exchanger is an outdoor heat exchanger (7); and the low pressure heat exchanger is an indoor heat exchanger (17, cooling operation, page 8 of machine translation).
Regarding Claim 8: Fukushima teaches wherein the heat pump unit (1 has 8) further comprises at least one blower fan (8).
Regarding Claim 9: Fukushima teaches wherein the refrigerant charge control system (valves 14, 18, and 10) further comprises at least the following conductively engaged components: at least one flow control valve (14), and at least one check valve (18), wherein the check valve (18) is downstream of the reservoir (10), and the reservoir (10) is downstream of the flow control valve (14).
Regarding Claim 10: Fukushima teaches a method of operating a heat pump unit (1 and 2) comprising: during a cooling cycle of the heat pump unit (page 8 of machine translation), separating a portion of refrigerant in a main refrigerant system (line with compressor 5 and components 17 and 7) of the heat pump away from the main refrigerant system (line with compressor 5 and components 17 and 7) by way of a refrigerant charge control system (refrigerant held in tank 10) conductively engaged to the main refrigerant system (line with compressor 5 and components 17 and 7); wherein the refrigerant charge control system (refrigerant held in tank 10) comprises at least the following conductively engaged components: at least one refrigerant reservoir (10), and wherein the system further comprises a hot gas reheat system (via 15) conductively engaged to the main refrigerant system (line with compressor 5 and components 17 and 7), wherein the heat pump unit (1 and 2) distributes its total charge of refrigerant between said main refrigerant system (line with compressor 5 and components 17 and 7), said refrigerant charge control system (10 and valves that controls charge into and out of 10) conductively engaged to the main refrigerant system (line with compressor 5 and components 17 and 7), and said hot gas reheat system; wherein said main refrigerant system is a variable-refrigerant-charge main refrigerant system (via charge held in tank 10 and control valves to tank 10 depending on mode); and wherein the heat pump unit (1 and 2) operates with a first amount of refrigerant in the main refrigerant system during a cooling or heating cycle (pages 8 and 9 of the machine translation).
Fukushima fails to teach the heat pump is a water source heat pump unit, at least one inlet conduit with a tip, and at least one outlet conduit with a tip that extends into the reservoir such that the tip of the inlet pipe is located at a higher location relative to the tip of the outlet pipe; and a smaller second amount of refrigerant in the main refrigerant system during a heating or cooling cycle, respectively.
Vogel teaches a reservoir (310) at least one inlet conduit with a tip, and at least one outlet conduit (see Figure 3) with a tip that extends into the reservoir (30) such that the tip of an inlet pipe is located at a higher location relative to the tip of the outlet pipe (see inlet 315 of 314 into 310 in Figure 3 and 316 of 318).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided at least one inlet conduit with a tip, and at least one outlet conduit with a tip that extends into the reservoir such that the tip of the inlet pipe is located at a higher location relative to the tip of the outlet pipe to the structure/operation of Fukushima as taught by Vogel in order to advantageously provide the reservoir for efficient system arrangement (see Vogel, Column 9, lines 21-37).
Unezaki teaches a heat pump unit (see Figure 1) that is either an air source heat pump unit (Column 8, lines 22-27) or a water source heat pump unit (Column 8, lines 22-27); that refrigerant is stored in a reservoir (12) in a heating cycle (Column 30, lines 40-65), a cooling cycle (Column 30, lines 40-65), a reheat cycle (via exchanger 7), and having different relative amounts of refrigerant stored in reservoir (12) depending on the heating or cooling cycles in both an air or water sourced heat pump (Column 30, lines 40-65).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the heat pump is a water source heat pump and a smaller second amount of refrigerant in the main refrigerant system during a heating or cooling cycle, respectively to the structure/operation of Fukushima modified supra as taught by Unezaki in order to advantageously provide utilizing various heat transfer mediums (Unezaki, see Column 8, lines 22-27).
Fukushima teaches wherein the heat pump unit (1 and 2) further comprises a charge of refrigerant (refrigerant in 10) distributed between the main refrigerant system (lines and components connected to compressor 5) and the refrigerant charge control system (via 10).
Fukushima modified supra fails to teach wherein during a cooling cycle operation of the heat pump unit no less than 50±5% of the refrigerant charge is in the main refrigerant system and up to 50±5% of the refrigerant charge is in the refrigerant charge control system; and during the heating cycle operation of the heat pump unit at least 50±5% of the refrigerant charge is in the main refrigerant system and no more than 50±5% of the refrigerant charge is in the refrigerant charge control system.
Fukushima modified supra does, however, disclose that the refrigerant and heat pump unit, the structure and operating the refrigerating apparatus. Therefore, the manner of operating the refrigeration circuit to achieve specific operating refrigerant charge during various operations is recognized as a result-effective variable, i.e. a variable which achieves a recognized result and optimization through routine experimentation. In this case, the recognized result is that a change in temperatures of the refrigerant during various operating modes and would result when the refrigerant charge ratios of the apparatus are changed/varied. Therefore, since the general conditions of the claim, were disclosed in the prior art by Fukushima modified supra, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the refrigeration structure, refrigerant charge ratio as disclosed by Fukushima modified supra having it operating with the various refrigerant charge ratios and temperature ranges. Furthermore, the ratios and ranges is recognized by the Examiner to be a very broad range, and a range that an ordinary skill in the art before the effective filing date of the claimed invention. See MPEP 2144.04 IV A and 2144.05 II A and B.
Regarding Claim 11: Fukushima teaches further comprising: during a heating cycle (page 9 of the machine translation) of the heat pump unit (1 and 2), adding the separated refrigerant back to the main refrigerant system (1) by way of the refrigerant charge control system (charge in 10, 9 and 12 are open so charge flows).
Regarding Claim 13: Fukushima teaches wherein a majority of the refrigerant in the refrigerant charge control system (charge in 10) is vertically lower than a majority of the charge of refrigerant in the main refrigerant (see refrigerant in piping in 1 and 2).
Regarding Claim 14: Fukushima teaches wherein the main refrigerant system (1 and 2) comprises at least the following conductively engaged components: at least one compressor (5), at least one high pressure heat exchanger (7), at least one low pressure heat exchanger (17 or 15), at least one expansion valve (16), and at least one reversing valve (6).
Regarding Claim 15: Fukushima teaches wherein the at least one high pressure heat exchanger (when 17 or 15 acts as a condenser) is an indoor heat exchanger (17 or 15); and the low pressure heat exchanger (when 8 acts as an evaporator) is an outdoor heat exchanger (7, page 18 of the machine translation).
Regarding Claim 16: Fukushima teaches further comprising at least one blower fan (8).
Regarding Claim 17: Fukushima teaches wherein the refrigerant charge control system (valves 14, 18, and tank 10) further comprises at least the following conductively engaged components: at least one flow control valve (14), and at least one check valve (18), wherein the check valve (18) is downstream of the reservoir (10), and the reservoir (10) is downstream of the flow control valve (14, closed loop system).
Regarding Claim 18: Fukushima teaches a method of operating a heat pump unit (1 and 2) comprising a total charge of refrigerant (refrigerant in closed loop and in 10) distributed between a main refrigerant system (lines and components to compressor 5) and a refrigerant charge control system (via charge held in 10) conductively engaged to the main refrigerant system (lines and components to compressor 5), the method comprising distributing the total charge of refrigerant between a first amount of refrigerant in the main refrigerant system (lines and components to compressor 5) during a cooling or heating cycle (pages 8 and 9 of the machine translation) wherein the total charge of refrigerant in the heat pump unit (1 and 2) is constant (bypassing 10, system is closed loop); wherein the refrigerant charge control system (via tank 10) comprises at least the following conductively engaged components: at least one flow control valve (14), at least one refrigerant reservoir (10) downstream of the flow control valve (14, the system is a closed loop system), at least one check valve (18) downstream of the reservoir (10), and wherein said main refrigerant system (lines and components to compressor 5) is a variable-refrigerant-charge main refrigerant system (via the valve controls to vary charge into and from tank 10) comprising at least one indoor heat exchanger (17 or 15), at least one outdoor heat exchanger (7), at least one compressor (5), at least one expansion valve (16), and at least one reversing valve (6); and wherein the reservoir (10) is located at a height that is at or near the lowest point of the heat pump unit (10 is in lower part of 1).
Fukushima fails to teach a smaller second amount of refrigerant in the main refrigerant system during a heating or cooling cycle, respectively, and at least one inlet conduit with a tip that extends into the reservoir, and at least one outlet conduit with a tip such that the tip of the inlet pipe is located at a higher location relative to the tip of the outlet pipe.
Vogel teaches a reservoir (310) at least one inlet conduit with a tip that extends into the reservoir (30), and at least one outlet conduit with a tip such that the tip of an inlet pipe is located at a higher location relative to the tip of the outlet pipe (see inlet 315 of 314 into 310 in Figure 3 and 316 of 318).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided at least one inlet conduit with a tip that extends into the reservoir, and at least one outlet conduit with a tip such that the tip of the inlet pipe is located at a higher location relative to the tip of the outlet pipe to the structure/operation of Fukushima as taught by Vogel in order to advantageously provide the reservoir for efficient system arrangement (see Vogel, Column 9, lines 21-37).
Unezaki teaches a heat pump unit (see Figure 1) that is either an air source heat pump unit (Column 8, lines 22-27) or a water source heat pump unit (Column 8, lines 22-27); that refrigerant is stored in a reservoir (12) in a heating cycle (Column 30, lines 40-65), a cooling cycle (Column 30, lines 40-65), a reheat cycle (via exchanger 7), and having different relative amounts of refrigerant stored in reservoir (12) depending on the heating or cooling cycles in both an air or water sourced heat pump (Column 30, lines 40-65).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a smaller second amount of refrigerant in the main refrigerant system during a heating or cooling cycle, respectively to the structure/operation of Fukushima modified supra as taught by Unezaki in order to advantageously provide utilizing various heat transfer mediums (Unezaki, see Column 8, lines 22-27).
Regarding Claim 19: Fukushima further teaches wherein the heat pump unit (1 and 2) is a packaged air source or water source heat pump unit (page 7 of machine translation) further comprising an indoor hot gas reheat system (15 in 2) conductively engaged to the main refrigerant system (line with 5 in 1), and the heat pump unit (1 and 2) distributes its total charge of refrigerant between said main refrigerant system (line with 5), said refrigerant charge control system (14, 18 and 10) conductively engaged to the main refrigerant system (compressor 5), and said hot gas reheat system (15 and 19).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reedy (5,140,827).
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 KIRSTIN U OSWALD whose telephone number is (571)270-3557. The examiner can normally be reached 10 a.m. - 6 p.m. M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached on 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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/KIRSTIN U OSWALD/Examiner, Art Unit 3763
/ERIC S RUPPERT/Primary Examiner, Art Unit 3763