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 .
Election/Restrictions
Applicant’s election without traverse of Species I (claims 1-14, 16-22) in the reply filed on 12/16/2025 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14, 21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “the heat pump heart " in the claim. There is insufficient antecedent basis for this limitation in the claim.
Regarding claims 11 and 21, the term “substantial…substantially” is a relative term which renders the claim indefinite. The term “substantial…substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Clarification is requested.
Claims 2-14 are rejected based on their dependency to claim 1.
Claim Rejections - 35 USC § 102
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.
Claims 1, 16, 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FOR1 (DE102015215955A1 – provided by Applicant in the IDS).
Regarding claim 1, Kim teaches a heat pump system (see Title, Abstract), comprising:
a closed loop for refrigerant flow (see Fig. 3), the closed loop comprises a plurality of components that refrigerant flows through, the plurality of components include an evaporator (32, Fig. 1, see Description), an expansion valve (34, Fig. 1, see Description), a compressor (16, Fig. 1, see Description), a heat pump heater that comprises a first condenser (18, Fig. 1, see Description), and a second condenser (22, Fig. 1, see Description, “The first evaporator is thus flowed through by the hot refrigerant from the condenser / gas cooler. The first evaporator acts in this mode of operation as it were as an extension of the condenser / gas cooler, ie it acts as a condenser / gas cooler, the heat to her passing through the air”) wherein refrigerant flows continuous through loop and through the components continuously (see Fig. 3), and a flow of forced air across the heat pump heart and the evaporator (22, Fig. 1, see Description);
wherein the expansion valve is first expansion valve that is disposed upstream of and adjacent to the evaporator (see Fig. 3, see Description, “That is, it includes a third evaporator 30 and a fourth evaporator 32, the third evaporator 30 on the refrigerant side via a third expansion valve 34 is downstream”), wherein the first expansion valve is remotely controllable in order to adjust a refrigerant pressure drop that occurs as refrigerant passes through the first expansion valve (see claim 1, which notes the expansion elements are controllable, adjusting the pressure drop is inherent to the function of the expansion valve),
wherein the system is operated such that the heat pump heater transfers heat to a forced air flow across the heat pump heater to generate a flow of warm air for transfer into a vehicle passenger compartment (see Description, “through with hot refrigerant causes its own defrost. By heating the air flowing through it (to above 0 ° C), the second evaporator, through which the heated air flows, is defrosted. It is favorable to maintain the evaporation of the refrigerant in the second evaporator by suitable adjustment of the second expansion valve, so that heat can be recovered from the air flowing through the second evaporator”), and the evaporator is operated such that the evaporator removes heat from the forced air across the evaporator to generate a flow of cool air for transfer into the vehicle passenger compartment (see Description, “The two-stage design of the interior evaporator assembly 30 / 32 basically allows the same drive options as above in the context of the front-end evaporator assembly 22 / 26 described here, but here the heat extraction from the interior evaporator 30 / 32 flowing air can be used to cool the passenger compartment”),
wherein during a first mode of operation of the system a refrigerant temperature entering the evaporator may be such that an outer heat transfer surface of the evaporator causes moisture upon the outer heat transfer surface to freeze upon the outer heat transfer surface (see Description which notes icing development and defrosting);
wherein periodically during a second mode of operation of the system (see Description, defined as the defrosting mode) the first expansion valve is adjusted to decrease a pressure drop of refrigerant that flows through the first expansion valve such that a pressure of refrigerant entering the evaporator increases such that a corresponding refrigerant temperature increases thereby transferring heat through the evaporator and to the outer heat transfer surface to cause the frozen layer upon the outer surface of the evaporator to melt (see Description, “the passenger compartment-side interior evaporator arrangement 30/ 32 is connected in parallel with the front car-side exterior evaporator arrangement 22/ 26. This means that, starting from the circuit of FIG. 1, the third evaporator 30 is connected on the refrigerant inlet side to the connection between the condenser/gas cooler 18 and the first evaporator 22, and the fourth evaporator 32 is connected on the outlet side, just like the second evaporator 26, to the suction-side end of the compressor 16. While in the embodiment of FIG. 3 the first expansion valve 20 controls both the pressure in the first evaporator 22 and in the third evaporator 30, in the embodiment shown in FIG. 4 an additional, fourth expansion valve 36 is provided, which is responsible for the pressure control in the third evaporator 30, while the first expansion valve 20 alone controls the pressure in the first evaporator 22. The two-stage configuration of the interior evaporator arrangement 30/ 32 basically enables the same control options as described above in the context of the front-end exterior evaporator arrangement 22/ 26, wherein here, however, the heat extraction from the air flowing through the interior evaporators 30/ 32 can be used for cooling the passenger compartment. The fourth evaporator 32 which is icy after a given time can also be defrosted in a manner analogous to that described above”).
Regarding claim 16, Kim teaches a method of operating a closed loop heat pump system (see Title, Abstract):
wherein the closed loop heat pump system comprises a closed loop for refrigerant flow (see Fig. 3), the closed loop comprises a plurality of components that refrigerant flows through, the plurality of components include an evaporator (32, Fig. 1, see Description), an expansion valve (34, Fig. 1, see Description), a compressor (16, Fig. 1, see Description), a heat pump heater that comprises a first condenser (18, Fig. 1, see Description), and a second condenser wherein refrigerant flows through loop and through the components continuously (22, Fig. 1, see Description, “The first evaporator is thus flowed through by the hot refrigerant from the condenser / gas cooler. The first evaporator acts in this mode of operation as it were as an extension of the condenser / gas cooler, ie it acts as a condenser / gas cooler, the heat to her passing through the air”) wherein refrigerant flows continuous through loop and through the components continuously (see Fig. 3), and a flow of forced air across the heat pump heart and the evaporator (22, Fig. 1, see Description),
wherein the expansion valve is a first expansion valve that is disposed upstream of and adjacent to the evaporator (see Fig. 3, see Description, “That is, it includes a third evaporator 30 and a fourth evaporator 32, the third evaporator 30 on the refrigerant side via a third expansion valve 34 is downstream”), wherein the first expansion valve is remotely controllable by a controller in order to adjust a refrigerant pressure drop that occurs as refrigerant passes through the first expansion valve (see claim 1, which notes the expansion elements are controllable, adjusting the pressure drop is inherent to the function of the expansion valve),
the method comprises the controller operating the heat pump system in a first mode wherein the heat pump heater transfers heat into a vehicle passenger compartment via a forced air flow thereby (see Description, “through with hot refrigerant causes its own defrost. By heating the air flowing through it (to above 0 ° C), the second evaporator, through which the heated air flows, is defrosted. It is favorable to maintain the evaporation of the refrigerant in the second evaporator by suitable adjustment of the second expansion valve, so that heat can be recovered from the air flowing through the second evaporator”), and the evaporator to remove heat from the forced air that flows thereby (see Description, “The two-stage design of the interior evaporator assembly 30 / 32 basically allows the same drive options as above in the context of the front-end evaporator assembly 22 / 26 described here, but here the heat extraction from the interior evaporator 30 / 32 flowing air can be used to cool the passenger compartment”),
wherein during a first mode of operation of the system a refrigerant entering the evaporator may be at or less than a temperature of air that surrounds the evaporator causing heat transfer from air outside of the evaporator through one or more outer walls of the evaporator to the refrigerant flowing therethrough, thereby causing moisture upon the outer heat transfer surface to freeze over time with continued operation (see Description which notes icing development and defrosting);
further comprising the controller operating the heat pump system periodically in a second mode of operation (see Description which notes defrosting mode) by adjusting a condition of the first expansion valve to cause the pressure drop of the refrigerant as the refrigerant flows through the first expansion valve to decrease such that a pressure of refrigerant entering the evaporator increases such that a corresponding refrigerant temperature increases thereby transferring heat through one or more walls of the evaporator to the outer heat transfer surface to cause the frozen layer upon the outer surface of the evaporator to melt (see Description, “the passenger compartment-side interior evaporator arrangement 30/ 32 is connected in parallel with the front car-side exterior evaporator arrangement 22/ 26. This means that, starting from the circuit of FIG. 1, the third evaporator 30 is connected on the refrigerant inlet side to the connection between the condenser/gas cooler 18 and the first evaporator 22, and the fourth evaporator 32 is connected on the outlet side, just like the second evaporator 26, to the suction-side end of the compressor 16. While in the embodiment of FIG. 3 the first expansion valve 20 controls both the pressure in the first evaporator 22 and in the third evaporator 30, in the embodiment shown in FIG. 4 an additional, fourth expansion valve 36 is provided, which is responsible for the pressure control in the third evaporator 30, while the first expansion valve 20 alone controls the pressure in the first evaporator 22. The two-stage configuration of the interior evaporator arrangement 30/ 32 basically enables the same control options as described above in the context of the front-end exterior evaporator arrangement 22/ 26, wherein here, however, the heat extraction from the air flowing through the interior evaporators 30/ 32 can be used for cooling the passenger compartment. The fourth evaporator 32 which is icy after a given time can also be defrosted in a manner analogous to that described above”).
Regarding claim 20, FOR1 teaches the method of claim 16, further comprising the controller allowing coolant flow through the second condenser when in the first mode of operation and the controller reducing or preventing cooling flow through the second condenser when in the second mode of operation (see Description).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2, 8, 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over FOR1 in view of Kim (US 2022/041663 – Applicant provided in the IDS).
Regarding claim 2, FOR1 teaches the heat pump system of claim 1, comprising a third flow path, wherein the third flow path allows refrigerant flowing from the evaporator to flow directly to the compressor (see Fig. 3, connection between 32 and 16).
FOR1 does not teach a second flow path, and a third flow path; wherein the second flow path allows refrigerant flow from the second condenser to flow to a second expansion valve and then to a second heat exchanger and then to the compressor and not flow through the first expansion valve and the evaporator; wherein the third flow path allows refrigerant flowing from the evaporator to flow directly to the compressor.
Kim teaches a heat pump (Kim, Title, Abstract) which features a first condenser (Kim, 70, Fig. 1, see paragraph [0079]) and second condenser (Kim, 70, Fig. 1, see paragraph [0045]) that is connected via a second flow path to a second expansion valve (Kim, 74, Fig. 1, see paragraph [0086]) and then to the compressor and not flow through the first expansion valve and the evaporator.
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to provide FOR1 with a second flow path connecting the second condenser with a second expansion valve, as taught by Kim, in order to increase the overall rate of heat transfer in the system through the additional expansion valve.
Regarding claim 8, FOR1 as modified teaches the heat pump system of claim 2, wherein the second expansion valve within the second flow path is remotely controllable in order to adjust a refrigerant pressure drop that occurs as refrigerant passes through the second expansion valve (Kim, paragraph [0125]).
Regarding claim 21, FOR1 teaches the method of claim 16, but does not teach one or more sensors that monitor one or both of a pressure and a temperature of the refrigerant leaving the evaporator and provides the monitored pressure and/or temperature to the controller,
wherein the controller operates the system in the second mode of operation for a pre-determined time that is calibrated to result in all or a substantial portion of the frozen layer upon the outer surface of the evaporator to melt or until the controller otherwise receives an indication representative of a status when the frozen layer has fully or substantially melted.
Kim teaches a heat pump (Kim, Title, Abstract) which features a first condenser (Kim, 70, Fig. 1, see paragraph [0079]) and second condenser (Kim, 70, Fig. 1, see paragraph [0045]) that is connected via a second flow path to a second expansion valve (Kim, 74, Fig. 1, see paragraph [0086]), with a temperature sensor that provides the temperature of the evaporator to the controller (Kim, paragraph [0110]], and wherein the controller operates the system in the second mode of operation for a pre-determined time that is calibrated to result in all or a substantial portion of the frozen layer upon the outer surface of the evaporator to melt or until the controller otherwise receives an indication representative of a status when the frozen layer has fully or substantially melted. (see Kim, S6 to S8 to S6-S7, Fig. 3, see paragraph [0131]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to provide FOR1 with a temperature sensor associated with the evaporator and running the second mode until it is determined that the evaporator has melted, as taught by Kim, in order to ensure the evaporator is defrosted accurately thereby allowing for a more efficient system.
Regarding claim 22, FOR1 teaches the method of claim 16, wherein the controller monitors a temperature and/or a humidity level outside of the evaporator and wherein the controller after an amount of time based upon the monitored temperature and/or humidity level outside of the evaporator when operating in the first mode of operation causes the system to transition from the first mode of operation to the second mode operation, and stay in the second mode of operation for a second period of time, and at the end of the second period of time the controller causes the system to return to the first mode of operation.
Kim teaches a heat pump (Kim, Title, Abstract) which features a first condenser (Kim, 70, Fig. 1, see paragraph [0079]) and second condenser (Kim, 70, Fig. 1, see paragraph [0045]) that is connected via a second flow path to a second expansion valve (Kim, 74, Fig. 1, see paragraph [0086]), with a temperature sensor that provides the temperature of the evaporator to the controller (Kim, paragraph [0110]], and wherein the controller operates the system in the second mode of operation for a pre-determined time that is calibrated to result in all or a substantial portion of the frozen layer upon the outer surface of the evaporator to melt or until the controller otherwise receives an indication representative of a status when the frozen layer has fully or substantially melted. (see Kim, S6 to S8 to S6-S7, Fig. 3, see paragraph [0131]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to provide FOR1 with a temperature sensor associated with the evaporator and running the second mode until it is determined that the evaporator has melted, as taught by Kim, in order to ensure the evaporator is defrosted accurately thereby allowing for a more efficient system.
Allowable Subject Matter
Claims 3-14 and 17-19 are 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.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record is Lee (KR20040106154A) in view of Tomasko (US 2017/0175910).
The prior art of record when considered as a whole, either alone or in combination, does not anticipate or render obvious:
Regarding claim 3:
during a cycle of refrigerant flow, a first portion of refrigerant leaving the second condenser flows to the first expansion valve, the evaporator and then through the third flow path directly to the compressor, and a second remaining portion of the refrigerant flow leaving the second condenser flows through the second flow path through the second expansion valve and the second heat exchanger and then directly to the compressor.
In the Examiner’s opinion, it would not be obvious to further modify the prior art structures to arrive at the claimed invention, absent impermissible hindsight. Therefore, rendering claim 3, with dependent claims therefrom are considered allowable.
Regarding claim 17:
wherein the heat pump system comprises a second flow path, wherein the second flow path allows a first portion of the refrigerant flow from the second condenser to flow to a second expansion valve and then to a second heat exchanger and then to the compressor and not flow through the first expansion valve and the evaporator, and the third flow path allows a remaining portion of the refrigerant flow from the second condenser to flow through the evaporator and to flow through the third flow path directly to the compressor, wherein when in the first mode of operation, the controller causes the remaining portion of refrigerant leaving the second condenser to flow to the first expansion valve, the evaporator and then through the third flow path directly to the compressor, and the first portion of the refrigerant flow leaving the second condenser to flow through the second flow path through the second expansion valve and the second heat exchanger and then directly to the compressor, wherein when in the second mode of operation the controller causes all of the refrigerant leaving the second condenser to flow through the first expansion valve and the evaporator.
In the Examiner’s opinion, it would not be obvious to further modify the prior art structures to arrive at the claimed invention, absent impermissible hindsight. Therefore, rendering claim 17, with dependent claims therefrom are considered allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAEL N BABAA whose telephone number is (571)270-3272. The examiner can normally be reached M-F, 9-5 EST.
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/NAEL N BABAA/Primary Examiner, Art Unit 3763