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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a heat exchange unit” in line 10 of claim 2, interpreted according to the teachings of ¶ 48 (as numbered in the original filing) and fig. 4 as a total heat exchanger having alternating layers for perpendicular first and second air flows and equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
The teaching of “a first heat recovery unit” in claim 1, line 14, and of “a second heat recovery unit” in claim 5, line 4 have not been interpreted under 35 U.S.C. 112(f) despite the combination of the functional language “heat recovery” with the generic placeholder term “unit” because each of these claims teaches sufficient structure to perform the function of “heat recovery”, including a supply fan and an exhaust fan for respectively providing a flow of air over the two serially connected auxiliary heat exchangers.
Claim Rejections - 35 USC § 103
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.
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Claims 1-3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Chinese Publication No. 103353147 B to Liu in view of US Publication No. 2004/0035132 A1 to Park et al. and WIPO Publication No. 2019/193639 A1 to Hashikawa et al. An English translation of Liu was provided by applicant with the Information Disclosure Statement of 5 November 2024 and citations of passages and paragraphs of Liu are directed to this translation rather than to the Chinese-language original document. Further, An English translation of Hashikawa has been provided with this Office Action and citations to specific passages and paragraphs of this reference are directed to this translation rather than to the Japanese-language original document.
Liu teaches limitations from claim 1 in fig. 2, shown above, an air conditioning system comprising:
an outdoor unit (01) comprising a first refrigerant circuit (shown in the unit 01 in fig. 2) that comprises:
a compressor (1); and
a first heat exchanger (4);
a first indoor unit (the third air chamber 19 of indoor unit 02) disposed in a first indoor space (as the unit 02 is taught as an “indoor” unit) and that comprises a second heat exchanger (37);
an intermediate unit (the portion of the refrigerant circuit connecting the outdoor unit 01 to the heat exchanger 37 and air chamber 19) comprising an intermediate refrigerant circuit (as shown) that causes the second heat exchanger to individually function as an evaporator or a condenser (by delivering a flow of refrigerant based on switching of the valve 3, as taught in ¶¶ 122 and 151);
a first auxiliary refrigerant circuit (supplying and connecting to the heat exchangers 33 and 35) comprising:
a first auxiliary heat exchanger (33); and
a second auxiliary heat exchanger (35) connected in series to the first auxiliary heat exchanger (33) via a refrigerant pipe (on which the valve 34 is disposed, as shown in fig. 2 and taught in ¶ 142); and
a first heat recovery unit (the air channels 17 and 18 the indoor unit 02) comprising:
a first supply [passage] (17) configured to supply the first indoor space (at the air supply passage 14) with outdoor air (from fresh air passage 11) having passed the first auxiliary heat exchanger (33) (as taught in ¶¶ 131-132);
a first exhaust [passage] (18) configured to discharge, to outside (via exhaust air channel 15), air in the first indoor space (from first return air channel 12) that having passed the second auxiliary heat exchanger (35); and
a first switching valve (32) configured to switch a refrigerant flow in the first auxiliary refrigerant circuit (as taught in ¶ 159), wherein
the first refrigerant circuit and the intermediate refrigerant circuit are connected by:
a first connection pipe (64) having a flow of a refrigerant in a liquid phase (as taught in ¶ 114),
a second connection pipe (62) having a flow of the refrigerant in a high-pressure gas phase (as taught in ¶ 114), and
a third connection pipe (63) having a flow of the refrigerant in a low-pressure gas phase (as taught in ¶ 114), and
the second connection pipe (62) and the third connection pipe (63) connect the first refrigerant circuit with the first auxiliary refrigerant circuit via the first switching valve (32, as shown in fig. 2).
Liu does not teach the system comprising a second indoor unit having a third heat exchanger such that both the first and second indoor units may individually be operated as a condenser or an evaporator, and further does not explicitly teach the piping between the outdoor unit and the indoor units being grouped as “an intermediate unit”. Park teaches in fig. 1, shown below, a multi-air conditioning system comprising an outdoor unit (A), a plurality of indoor units (C1, C2, and C3), and a “distributor” (B) allowing the individual heat exchangers (62A, 62B, and 62C of the units C1, C2, and C3, respectively) to selectively perform cooling or heating modes regardless of the operations of the other indoor units (¶¶ 40-41).
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It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify Liu with the additional indoor unit or units, the fans corresponding to respective heat exchangers, and the unified intermediate distributor taught by Park in order to increase the scope of the indoor space which may be conditioned according to user comfort by the system of Liu without requiring that individual control and comfort of any one space be compromised for the sake of others and the placement of common components (e.g. the valves and piping controlling flow of refrigerant) in a common location such as the distributor unit taught by Park allows such a unit to be accessed more conveniently for diagnosis of faults or for repair or maintenance than would be the case for devices spread throughout the system.
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Regarding claims 1 and 2, neither Liu nor Park teaches the heat recovery unit being disposed away from first indoor unit or the two air passages heat recovery unit in which the first and second heat exchangers are respectively arranged being further provided with a first supply fan and a first exhaust fan as taught in claim 1, or the system comprising a casing which accommodates these fans and the auxiliary refrigerant circuit and comprises supply and exhaust air passages for passing air through the first and second auxiliary heat exchangers respectively, and comprising a heat exchange unit causing heat exchange between the two air passages as taught in claim 2. Hashikawa teaches in ¶ 6 and 14-15 and in figs. 1 and 4, shown above, an air conditioning system (50) in which an outdoor unit (20) is coupled to a plurality of indoor units (21) and also connected to an outside air supply unit (30) at a heat exchanger (32) thereof (equivalent to the first auxiliary heat exchanger of the present invention and the heat exchanger 33 for supply air taught by Liu. As shown in figs. 1 and 4 and in ¶¶ 14 and 16, Hashikawa teaches the air supply unit (30) being disposed remotely from each to the indoor units (21) and having two airflow paths, one for exhausting indoor air to the outside (RA to EA in fig. 4) and one for introducing outdoor air into the indoor room as supply air (OA to SA in fig. 4), each of these paths being provided with a respective fan (supply fan 33 in the supply air path and exhaust fan 34 in the exhaust air path) as taught in claim 1 and further teaches the air supply unit including a casing (housing 31) accommodating the fans, the return and supply air paths, the heat exchanger (32) of the supply air path, and a total heat exchanger (35) for exchanging heat between air in these two paths as taught in claim 2. It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify Liu with the supply and exhaust air fans, and the total heat exchanger taught by Hashikawa in order to increase the heat exchange which is enabled between the supply and exhaust air passages, both by increasing airflow over the refrigerant-to-air heat exchangers of Liu and by allowing direct air-to-air heat exchange via the total heat exchanger thus improving the energy efficiency of the system as a whole. Further, regarding the placement of the air supply unit/heat recovery unit at a position away from the indoor units, one of ordinary skill in the art would have recognized that such separation allows for the indoor units to be disposed in a greater variety of positions to improve convenience of layout and installation, requiring less space as the air supply unit/heat recovery unit does not need to take up space at the location of any individual indoor unit. Further, 2144.04 Legal Precedent as Source of Supporting Rationale states in subsection (VI)(C) that the mere rearrangement of the working parts of a system (such as positioning the indoor unit and air supply/heat recovery unit away from each other) is a matter of obvious design choice where it does not modify the operation of a device.
Liu teaches limitations from claim 3 in fig. 2, shown above, the air conditioning system according to claim 1, wherein the first heat recovery unit (the air channels 17 and 18 the indoor unit 02) comprises a casing (the walls defining these channels as shown in fig. 2) that accommodates the first auxiliary refrigerant circuit (and particularly the heat exchangers 33 and 35 and connection therebetween) and the first switching valve (32, as shown in fig. 2).
Liu as modified by Park teaches limitations from claim 5 in fig. 1 of Park, shown above, the air conditioning system according to claim 1, wherein the second indoor unit is disposed in a second indoor space different from the first indoor space (as taught in ¶ 15, the plural indoor units (C1, C2, and C3) taught by Park are “installed at respective indoor rooms”).
As discussed in the above rejection of claim 1, Liu as modified by Park and Hashikawa further teaches the first heat recovery unit of his invention having first and second auxiliary heat exchangers (33 and 34) arranged in series along a refrigerant pipe (on which valve 34 is installed) and installed in a supply passage and an exhaust passage and connected to second and third connection pipes (carrying high and low-pressure refrigerant gas, respectively) via a switching valve, with Hashikawa particularly teaching the installation of a supply fan in the supply passage of such a system and an exhaust fan in the exhaust passage of such a system.
None of Liu, Park, and Hashikawa teaches the second indoor unit being a second such heat recovery unit, including third and fourth auxiliary heat exchangers (equivalent to the first and second heat exchangers of the first heat recovery unit) as well as respective second supply and exhaust fans and a second switching valve connecting the heat exchangers to the second and third connection pipes. One of ordinary skill in the art before the application was effectively filed would have found it to be an obvious mechanical expedient to provide the system of Liu with a second instance of the heat recovery unit discussed above in order to allow for the admission of conditioned outdoor air with improved energy efficiency by heat recovery in an additional indoor room of the space to be conditioned to increase the volume of air which may be admitted and processed and to increase user comfort in a greater portion of the space and because “the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced” (MPEP 2144.04 Legal Precedent as Source of Supporting Rationale, (VI)(B) Duplication of Parts and In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)) Here, the provision of a second heat recovery unit would not produce new or unexpected results as it would simply add an additional supply and exhaust passages for the exhausting and admittance of additional outdoor air into the space, including the benefits of heat exchange between such air flows understood and provided for the original instances of these passages.
Claim 4 is is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu, Park, and Hashikawa as applied to claim 1 above, and further in view of US Publication No. 2014/0033754 A1 to Hatomura et al.
Regarding claim 4, Liu teaches an air conditioning system having an outdoor unit, an indoor unit, and a heat recovery unit in which thermally connected heat exchangers (33 and 35) are provided to transfer heat between a supply air passage (17) and an exhaust air passage (18) and further teaches these heat exchangers being connected to high and low pressure refrigerant gas pipes (62 and 63, respectively) by a switching valve (32). Liu does not teach the refrigerant circulated in the system being combustible and the system further comprising first and second shutoff valves between the gas pipes and the switching valve.
Hatomura teaches in fig. 9, shown above, an air conditioning apparatus (200) having a relay device (3) in which three pipes (the two flowing from the separator 14 and the one on which the valve 43 is disposed) are provided for supplying refrigerant to and from a plurality of indoor units (2). Hatomura particularly teaches in fig. 9 and in ¶ 98 that each of the units (2) receiving refrigerant from these pipes is provided with two shutoff valves (37 and 38) and further teaches in ¶ 57 that these valves are controlled by a shutoff valve control device (40) on the basis of a detected refrigerant concentration in air in order to stop a refrigerant leak because of the danger posed if a flammable refrigerant leaks. It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify Liu with the shutoff valves for stopping leakage of a flammable refrigerant taught by Hatomura because, as taught in Hatomura’s ¶ 8, the use of many flammable refrigerants is desirable due to their low global warming potential so that the potential danger of such refrigerants may be reduced or avoided by appropriate safety precautions including the use of automatic shutoff valves.
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Response to Arguments
Applicant’s arguments with respect to claims 1-5 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.
Applicant argues on pg. 6 of the reply that the amendment to the title overcomes the objection set forth in the Non-Final Rejection of 16 September 2025.
In response, examiner agrees and this objection has been withdrawn.
Applicant argues on pg. 7 of the reply that the amendment to claim 1 regarding the first indoor unit and the first hear recovery unit being disposed away from each other overcomes the rejection of the claim set forth in the Non-Final Rejection as being obvious over Liu, Park, and Ito.
In response, examiner agrees but directs attention to the new grounds of rejection set forth above in which Hashikawa is relied upon in combination with Liu and Park to teach the new limitations (as well as those for which Ito was previously cited).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 DANIEL C COMINGS whose telephone number is (571)270-7385. The examiner can normally be reached Monday - Friday, 8:30 AM to 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry-Daryl Fletcher can be reached at (571)270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL C COMINGS/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763