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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9 and 11-20 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Yokohara et al. (WO2011064927A1).
As per claim 1, Yokohara et al. disclose a method of controlling a climate control circuit, comprising: detecting one or more operating parameters of an evaporator expansion valve ("EXV") in the climate control circuit (e.g., intermediate superheat); determining operation stability of the EXV based on the one or more operating parameters of the EXV 32 (page 27, lines 10-30); and in response to determining the operation of the EXV is unstable (i.e., in a pull-down state as discussed in Yokohara et al.), opening a bypass pathway (page 27, lines 23-25) that includes an intermediate heat exchanger 44 and a second expansion valve 48 disposed in parallel with the EXV (Fig. 1; etc.) , which includes the intermediate heat exchanger cooling a first portion of working fluid flowing into the EXV using a second portion of the working fluid flowing through the bypass pathway (Fig. 1; etc.).
As per claim 2, Yokohara et al. disclose the method further comprising: operating the climate control circuit in a first mode, which includes the detecting of the one or more operating parameters of the EXV and the determining operation stability of the EXV based on the operation parameters of the EXV, the bypass pathway being closed in the first mode (page 33, line 30 – page 34, line 3: in first, stable mode, valve 47 is closed); operating the climate control circuit in a second mode, the bypass pathway being open in the second mode(with valve 47 opened) ; and switching the climate control circuit from operating in the first mode to the operating in the second mode, the switching including the opening of the bypass pathway(page 33, line 30 – page 34, line 3: in first, stable mode, valve 47 is closed).
As per claim 3, Yokohara et al. disclose the method further comprising: operating the climate control circuit in a third mode that is an economizer mode, which includes: suppling the first portion of the working fluid through the bypass pathway 23 to an intermediate injection inlet of a compressor of the climate control circuit (Fig. 1; etc.), and controlling the second expansion valve 48 that is an economizer expansion valv
As per claim 4, Yokohara et al. disclose the method wherein the opening of the bypass pathway includes directing a first portion of the working fluid discharged from a condenser 31 of the climate control circuit through the intermediate heat exchanger 44, directing a second portion of the working fluid discharged from the condenser through the second expansion valve 48 and the intermediate heat exchanger in the bypass pathway (Fig. 1; etc.).
As per claim 5, Yokohara et al. disclose the method wherein the one or more operating parameters include an evaporator superheat (page 27, lines 10-30; etc.).
As pe claim 6, Yokohara et al. disclose the method wherein the determining of operation stability of the EXV based on the one or more operating parameters of the EXV includes comparing the one or more operating parameters of the EXV to one or more corresponding thresholds (page 27, lines 10-30: target range).
As per claim 7, Yokohara et al. disclose the method wherein the one or more corresponding thresholds include an evaporator superheat threshold (again, page 27, lines 10-30; etc.).
As per claim 8, Yokohara et al. disclose the method wherein the one or more corresponding thresholds include a deviation threshold (i.e., deviation of superheat value from the target).
As per claim 9, Yokohama et al. disclose wherein the climate control circuit includes: a first pathway extending from a condenser 31 of the climate control circuit to the EXV 32, and the bypass pathway 23, the bypass pathway having an inlet connected to the first pathway downstream of the condenser and upstream of the EXV (Fig. 1; etc.) and an outlet connected to the first pathway downstream of the condenser and at a compressor 30 of the climate control circuit (Fig. 1; etc.).
As per claim 11, Yokohara et al. disclose the method wherein the intermediate heat exchanger is an economizer, and the bypass pathway includes an outlet that supplies working fluid to an intermediate injection inlet of a compressor of the climate control circuit (Fig. 1; etc.).
As per claim 12, Yokohara et al. disclose a climate control system for conditioning a climate controlled space, comprising: a climate control circuit including a compressor 30, a condenser 31, an intermediate heat exchanger 44, an evaporator expansion valve ("EXV") 32, an evaporator 33, and a second expansion valve 48, a working fluid flowing through the climate control circuit; one or more sensors for the climate control circuit (60-71); and a climate controller 80 to control the climate control circuit, the climate controller configured to: detect, via the one or more sensors, one or more operating parameters of the EXV (superheat); determine operation stability of the EXV based on the one or more operating parameters of the EXV; and in response to determining the operation of the EXV is unstable, open a bypass pathway that includes the intermediate heat exchanger and the second expansion valve disposed in parallel with the EXV, such that the intermediate heat exchanger cools a first portion of the working fluid flowing into the EXV using a second portion of the working fluid flowing through the bypass pathway.
As per claims 13-20, see similar claims 2-9 above, respectively.
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yokohara et al. in view of Wakamoto et al. (US 9163865 B2).
As per claim 10, Yokohara et al. do not disclose the method wherein the outlet of bypass pathway connects to the first pathway downstream of the EXV and upstream of the wherein the outlet of bypass pathway connects to the first pathway downstream of the EXV and upstream of the compressor. Wakamoto et al. teach a similar HVAC control method wherein the outlet of bypass pathway connects to the first pathway downstream of the EXV 3 and upstream of the wherein the outlet of bypass pathway connects to the first pathway upstream of the compressor 1. It would have been obvious to one of ordinary skill in the art at the effective filing date of the application to similarly place the outlet of the bypass line of Yokohara et al. upstream of the compressor as simply an alternative known type of economizer arrangement not requiring the use of a compressor comprising an intermediate port arrangement.
Response to Arguments
Applicant’s amendments overcome the previously applied rejections over 35 U.S.C. 112(b). However, the new rejections under 35 U.S.C. 102 and 103 are necessitated by art disclosed in the IDS filed 18 November 2025.
Conclusion
Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on 18 November 2025 prompted the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 609.04(b). 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 MARC E NORMAN whose telephone number is (571)272-4812. The examiner can normally be reached 8:00-4:30 M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARC E NORMAN/Primary Examiner, Art Unit 3763