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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/01/2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/01/2026 was filed after the filing date of the instant application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 1-3, 6, 14, 19, 21, 23, 26, 30, 32 and 36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Futaeda (US 2011/0042471).
Regarding claim 1, Futaeda discloses a system, comprising:
a housing (13, 110);
a thermal mass unit (refer to fins 115 and 116 as in fig.13B and par. 192, wherein fins 115 and 116 function as cold and heat radiation sources) disposed in the housing and configured to thermally couple to a room side of a heat pump that is disposed outside of the housing (refer to par.190, and cold and hot water generator 111, which has a heat pump function and generates cold or hot water); and
a thermal coupling device (refer to pipes 117 and 118 as in par.194 and fig.13B) at least partially disposed outside of the housing (refer to par.195, wherein pipes 117 and 118 connect to heat pump 111 located outside) that is coupled to the thermal mass unit (115 and 116 as in fig.13B) and configured to transfer heat between the thermal mass unit and the room side of the heat pump, the thermal mass unit including a space heating radiator (refer to par. 189, wherein the thermal mass unit includes a cold/heat radiation device).
Regarding claim 2, Futaeda meets the claim limitations as disclosed above in the rejection of claim 1. Further, Futaeda discloses a heat exchanger thermally coupled to and configured to transfer heat between the thermal mass unit and the thermal coupling device (refer to par.190, wherein the cold and hot water generator 111 functions as a heat pump by the same principle as one used in an ordinary air conditioner or the like, therefore, said generator necessarily including a heat exchanger that allows for the heat transfer heat between the thermal mass unit and the thermal coupling device by providing the cold/hot fluid).
Regarding claim 3, Futaeda meets the claim limitations as disclosed above in the rejection of claim 1. Further, Futaeda discloses a heat exchanger configured to transfer heat between the thermal coupling device and the room side of the heat pump (refer to par.190, wherein the cold and hot water generator 111 functions as a heat pump by the same principle as one used in an ordinary air conditioner or the like, therefore, said generator necessarily including a heat exchanger that allows for the transfer of heat between the thermal coupling device and the room side of the heat pump by providing the cold/hot fluid).
Regarding claim 6, Futaeda meets the claim limitations as disclosed above in the rejection of claim 1. Further, Futaeda discloses thermal insulation (refer to par.237 and fig.15B, wherein gypsum board 133 functions as a heat-insulating layer) disposed between the thermal mass unit (refer to fins 115 and 116 as in fig.13B) and the housing (portion 134 which forms the frame of building 13).
Regarding claim 14, Futaeda meets the claim limitations as disclosed above in the rejection of claim 1. Further, Futaeda discloses wherein the heat pump (111) further includes an exterior side exposed to an outdoor environment (refer to par.190, wherein said heat pump is an outdoor device).
Regarding claim 14, Futaeda discloses a system, comprising:
a heat pump (refer to par.190, and cold and hot water generator 111, which has a heat pump function and generates cold or hot water) having an internal side exposed to an indoor environment (piping of the heat pump 111 carrying fluid within indoor environment as in fig.12); and
a thermal coupling device (refer to pipes 117 and 118 as in par.194 and fig.13B) coupled to the heat pump and configured to transfer heat between the internal side of the heat pump and a thermal mass unit (refer to fins 115 and 116 as in fig.13B and par. 192, wherein fins 115 and 116 function as cold and heat radiation sources) spaced apart from the heat pump,
the thermal mass unit including a space heating radiator (refer to par. 189, wherein the thermal mass unit includes a cold/heat radiation device).
Regarding claims 21 and 26, Futaeda meets the claim limitations as disclosed above in the rejection of claim 19. Further, Futaeda discloses a heat exchanger configured to be thermally coupled to the internal side of the heat pump and configured to transfer heat between the internal side of the heat pump and the thermal coupling device (refer to par.190, wherein the cold and hot water generator 111 functions as a heat pump by the same principle as one used in an ordinary air conditioner or the like, therefore, said generator necessarily including a heat exchanger that allows for the heat transfer heat between the internal side of the heat pump and the thermal coupling device by providing the cold/hot fluid).
Regarding claim 23, Futaeda meets the claim limitations as disclosed above in the rejection of claim 19. Further, Futaeda discloses a housing (110) spaced apart from the heat pump (refer to fig.12); and the thermal mass unit (refer to fins 115 and 116 as in fig.13B) disposed within the housing.
Regarding claim 30, Futaeda discloses a system, comprising:
a heat pump (111) having an internal side exposed to an indoor environment (piping carrying heat transfer fluid as in fig.12);
a housing (110) disposed apart from the heat pump;
a thermal mass unit (refer to fins 115 and 116 as in fig.13B and par. 192, wherein fins 115 and 116 function as cold and heat radiation sources) disposed in the housing; and
a thermal coupling device (refer to pipes 117 and 118 as in par.194 and fig.13B) coupled to the thermal mass unit (refer to fins 115 and 116 as in fig.13B) and the internal side of the heat pump, the thermal coupling device (pipes 117 and 118) configured to transfer heat between the thermal mass unit and the internal side of the heat pump, the thermal mass unit including a space heating radiator (refer to par. 189, wherein the thermal mass unit includes a cold/heat radiation device).
Regarding claims 32 and 36, Futaeda meets the claim limitations as disclosed above in the rejection of claim 30. Further, Futaeda discloses a heat exchanger thermally coupled to the thermal coupling device and the thermal mass unit, the heat exchanger configured to transfer heat between the thermal coupling device and the thermal mass unit (refer to par.190, wherein the cold and hot water generator 111 functions as a heat pump by the same principle as one used in an ordinary air conditioner or the like, therefore, said generator necessarily including a heat exchanger that allows for the heat transfer heat between the thermal mass unit and the thermal coupling device by providing the cold/hot fluid).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Futaeda (US 2011/0042471) in view of Cox (US 2018/0195809).
Regarding claim 9, Futaeda meets the claim limitations as disclosed above in the rejection of claim 1. Further, Futaeda discloses the thermal mass unit, but fails to explicitly disclose a fan configured to induce forced convective heat transfer between the thermal mass unit and an indoor environment.
However, Cox teaches a heating and/or cooling temperature adjusting apparatus, comprising a controllable fan, in order to facilitate the control of heat transfer from a radiator (or accompanying thermal mass within the enclosure) to a room (refer to par. 45).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Futaeda by providing a fan as taught by Cox configured to induce forced convective heat transfer between the thermal mass unit and an indoor environment, in order to facilitate the control of heat transfer from the thermal mass unit.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Futaeda (US 2011/0042471).
Regarding claim 11, Futaeda meets the claim limitations as disclosed above in the rejection of claim 1. Further, Futaeda discloses the thermal coupling device (refer to pipes 117 and 118 as in par.194 and fig.13B), but fails to explicitly disclose wherein the thermal coupling device is removably coupled to the room side of the heat pump.
However, one having ordinary skill in the art of refrigeration would recognize that it would be obvious to make the thermal coupling device separable if it were considered
desirable for any reason to obtain easy access to the thermal coupling device coupled
to the room side of the heat pump. See MPEP 2144.04 V C
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Futaeda by making the thermal coupling device being removably coupled to the room side of the heat pump, since it would be a matter of choice of a person having ordinary skill in the art.
Claim(s) 18, 29 and 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Futaeda (US 2011/0042471) in view of Ma (US 2017/0307263).
Regarding claims 18, 29 and 34, Futaeda meets the claim limitations as disclosed above in the rejection of claims 1, 19 and 30 respectively. Further, Futaeda discloses the thermal mass unit, but fails to explicitly disclose a pump configured to move fluid through the thermal coupling device to carry heat between the room side of the heat pump (internal side of the heat pump) and the thermal mass unit.
However, Ma teaches that it is known in the art of refrigeration, to provide a pump (155) configured to move fluid, in order to control a rate of heat transfer by controlling the speed of the pump (refer to par. 13).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Futaeda by providing a pump as taught by Ma configured to move fluid through the thermal coupling device to carry heat between the room side of the heat pump (internal side of the heat pump) and the thermal mass unit, in order to control a rate of heat transfer.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 6, 9, 11, 14, 18-19, 21, 23, 26, 29-30, 32, 34 and 36 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANA M VAZQUEZ whose telephone number is (571)272-0611. The examiner can normally be reached M-F 7-4.
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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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/ANA M VAZQUEZ/Primary Examiner, Art Unit 3763