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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 28 June 2023. It is noted, however, that applicant has not filed a certified copy of the Chinese application as required by 37 CFR 1.55.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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: “flow direction control structure” in claims 1, 4-8, 11-16, and 18-20.
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.
For the record:
“Flow direction control structure” has been interpreted in claims 1, 4-8, 11-16, and 18-20 according to the corresponding structure described in the specification at paras. 0011 and 0044, etc., and equivalents thereof.
“Flow direction control structure” has NOT been interpreted under 35 U.S.C. 112(f) in claims 2-3, 9-10, and 16-17 since sufficient corresponding structure is recited in claim 2.
“Regenerator module” has NOT been interpreted under 35 U.S.C. 112(f) since the term “regenerator” is itself deemed to impart particular structure.
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.
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 2-3, 6, and 8-20 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 2 recites “a same electric control valve” at line 6 of the claim, and again at lines 8-9 of the claim. For purposes of clarity, in order to distinguish between the two valves, these should b amended to recite “a first same electric control valve” and “a second same electric control valve,” respectively. Claims 3, 9-10, and 16-17 are also rejected since they depend from claim 2.
Claim 3 recites “through electric control valve” at lines 2-3 of the claim. It is unclear as to which electric control valve this is referring to. Claims 10 and 17 are also rejected since they depend from claim 3.
Claim 6 recites “one or more active regenerators communicating with one another.” This limitation thus includes the option of there only being one active regenerator. In this instance, it is unclear how a single regenerator can be “communicating with one another.” Appropriate clarification and correction are required. Claim 13 is also rejected since it depends from claim 6.
Claim 8 recites the limitations “an adjustable load,” “at least one fixed load,” “a heater,” and “a cold end.” However, claim 8 also incorporates the subject matter of claim 1, which has already recited these limitations. As written, it is unclear whether the “an adjustable load,” “at least one fixed load,” “a heater,” and “a cold end” recited in claim 8 are supposed to be the same or different as those recited in claim 1. Claims 15 and 20 are also rejected since they depend from claim 8.
Claims 9-14 recite similar subject matter as claim 8, but depend from claims 2-7, respectively. Since all of these claims also ultimately depend from claim 1, claims 9-14 pose the same issues as claim 8, and are rejected for similar reasons. Claims 16-19 are also rejected since they depend from claims 9-12, respectively.
Claim 20 recites “setting rest fixed loads” at line 4 of the claim. This limitation is grammatically incorrect, making the intended metes and bounds of the claim unclear.
Allowable Subject Matter
Claims 1, 4-5, and 7 are allowed.
Claims 2-3, 6, and 8-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
As per independent claim 1, Kim et al. (US 2015/0267943 A1) constitutes the prior art. Kim et al. disclose a magnetic regenerator unit for a magnetic cooling system 100 that comprises a pair of magnetic regenerators, and hot and cold sides. However, Kim et al. do not teach the flow direction control structure (see interpretation under 35 U.S.C. 112(f), above), the combination of adjustable load and at least one fixed load arranged as recited, or the particular combination of temperature sensors as recited. There is no teaching, suggestion, or motivation in the prior art to modify the system of Kim et al. to further include such features.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC E NORMAN whose telephone number is (571)272-4812. The examiner can normally be reached 8:00-4:30 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARC E NORMAN/Primary Examiner, Art Unit 3763
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763
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