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 Objections
Claim 5 is objected to because of the following informalities: The limitation, "the drain pan" lacks antecedent basis for in the previous claims. The above limitation should read as ‘-- a drain pan --’. Appropriate correction is required.
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: "an expansion device," in claims 2, 12 and 13; and “transport refrigeration unit… configured to determine a temperature corresponding to the determined pressure” in claims 19-20.
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.
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 “expansion device” is sufficiently described in the specification as an electronic expansion valve (see paragraphs 38-39).
The “transport refrigeration unit… configured to determine a temperature corresponding to the determined pressure” is not sufficiently described in the specification, where the transport refrigeration unit is capable of sufficiently performing the claimed function of determining a temperature corresponding to the determine/sensed pressure (see paragraphs 37-51).
Claim limitation “transport refrigeration unit… configured to determine a temperature corresponding to the determined pressure” in claim 19, invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The claimed transport refrigeration unit of claim 19 includes two sensors that sense/determine a temperature value and a pressure value, respectively; however, the claims do not contain any other structure that allows the transport refrigeration unit to determine a temperature corresponding to the determined/sensed pressure. Claim 2 describes the transport refrigerant unit as a refrigeration cycle with compressor, condenser, expansion valve and an evaporator, which individually or collective are in capable of determining a temperature corresponding to the determined/sensed pressure (as claimed in claim 19). In addition, the specification does not include any structural element of the transport refrigeration unit that is capable of determining a temperature corresponding to the determined/sensed pressure. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 19-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The limitation, "the TRU is configured to determine a temperature corresponding to the determined pressure" (of claim 19) is not supported by the original disclosure. The original disclosure does not contain any mention of the relation between a sensed/determined pressure and a new temperature. In addition, the original disclosure neither contains any mention of determining a temperature that corresponds to the determined/sensed pressure nor states the steps required for determining a temperature corresponding to the determined/sensed pressure.
The limitation, "the TRU is configured to use the temperature corresponding to the determined pressure… to terminate defrosting" (of claim 20) is not supported by the original disclosure. The original disclosure does not contain any mention of such defrost terminating operation based on the temperature corresponding to the determined/sensed pressure. In addition, the original disclosure does not provide how or when the determined temperature corresponding to the determined/sensed pressure is used in the process of defrost termination (see paragraphs 37-51).
Appropriate correction is required.
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.
Claim(s) 1-3, 6-10, 12, 13 and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tomiyama (US 2020/0355419 A1).
In regards to claim 1, Tomiyama teaches a transport refrigeration unit TRU (refrigeration apparatus 100 usable in transport, see paragraph 27 and fig. 1) comprising: a sensor (sensor 92c or 92a) positioned at an outlet of an evaporator associated with the TRU (sensor 92c at an outlet of heat exchanger 28 used as an evaporator of heat exchanger 20, see fig. 1, or sensor 92a at an outlet of heat exchanger 62 used as an evaporator unit 60, see fig. 1), the sensor is operable to sense a temperature of a refrigerant exiting evaporator coils of the evaporator (92c sensing temperature T1 of the refrigerant leaving evaporator heat exchanger 28, fig. 1 and paragraphs 100-102); wherein the TRU is configured to terminate defrosting of the evaporator when the sensed temperature exceeds a first predefined temperature (controller 70 of the refrigeration apparatus 100 terminates defrost operation when first refrigerant temperature T1 is more than the first defrost temperature threshold, see paragraph 142) indicative of a phase change of ice formed on the evaporator coils (frost on the evaporator 28 melts, see paragraph 147).
In regards to claim 2, Tomiyama teaches the limitations of claim 1 and further discloses that the refrigeration unit comprises: a compressor (compressor 12); a condenser (condenser 62) downstream of the compressor (HX 62 as condenser, see paragraph 41 and fig. 1); an expansion device (expansion valve 18) downstream of the condenser (valve 18 downstream of HX 62, see fig. 1); and an evaporator (evaporator 20, 28) downstream of the expansion device (see fig. 1), wherein, in a cooling mode (heat exchanger 62 functioning as a condenser and HX 28, 20 function as cooling evaporator, see paragraph 41), the TRU is configured to circulate the refrigerant from the compressor to the condenser, through the expansion device and the evaporator, and then return to the compressor (see fig. 1, where compressor discharge 10b is connected to branch 10e via switching valve 14 as indicated by dotted lines, paragraph 55).
In regards to claim 3, Tomiyama teaches the limitations of claim 2 and further discloses that in the defrost mode, the TRU is configured to circulate the hot refrigerant from the compressor (12) to the evaporator (HX 20, 28) through a distributor (21) associated with the evaporator (see fig. 1) to enable defrosting of the evaporator coils (see paragraph 56).
In regards to claim 6, Tomiyama teaches the limitations of claim 2 and further discloses that the TRU is switched from a defrost mode to the cooling mode (see paragraph 151, where refrigeration apparatus switches from defrost operation to cooling mode, which is labeled as a heating operation, where HX 28, 20 function as cooling evaporator; Also see fig. 1, where compressor discharge 10b is connected to branch 10e via switching valve 14 as indicated by dotted lines, paragraph 55) when the temperature of the refrigerant exiting the evaporator coils of the evaporator exceeds the first predefined temperature (controller 70 of the refrigeration apparatus 100 terminates defrost operation when first refrigerant temperature T1 is more than the first defrost temperature threshold, see paragraph 142).
In regards to claim 7, Tomiyama teaches the limitations of claim 2 and further discloses that the expansion device is an electronic evaporator expansion valve (electronic expansion valve connected to the controller, see figs. 1-2 and paragraphs 85-86) fluidically configured between the compressor and the evaporator (expansion valve 18 between compressor 12 and evaporator HX 28, when refrigerant flows from 10b to 10e, fig. 1).
In regards to claim 8, Tomiyama teaches a method for controlling defrosting in a refrigeration system (defrosting operation in a refrigeration apparatus 100, see abstract and fig. 1) comprising the steps of:
monitoring, by a sensor (sensor 92c) positioned at an outlet of an evaporator associated with the refrigeration system (sensor 92c at an outlet of evaporator 28 of heat exchanger 20, see fig. 1), a temperature of a refrigerant exiting evaporator coils of the evaporator (92c sensing temperature T1 of the refrigerant leaving evaporator heat exchanger 28, fig. 1 and paragraphs 100-102); and
terminating defrosting of the evaporator when the sensed temperature exceeds a first predefined temperature (this is a contingent limitation in a method claim, see MPEP 2111.04; however, Tomiyama teaches a controller 70 of the refrigeration apparatus 100 terminates defrost operation when first refrigerant temperature T1 is more than the first defrost temperature threshold, see paragraph 142) indicative of a phase change of ice formed on the evaporator coils (frost on the evaporator 28 melts, see paragraph 147).
In regards to claim 9, Tomiyama teaches the limitations of claim 8 and further discloses that the TRU is switched from the defrost mode to the cooling mode (see paragraph 151, where refrigeration apparatus switches from defrost operation to cooling mode, which is labeled as a heating operation, where HX 28, 20 function as cooling evaporator; Also see fig. 1, where compressor discharge 10b is connected to branch 10e via switching valve 14 as indicated by dotted lines, paragraph 55) when the temperature of the refrigerant exiting the evaporator coils of the evaporator exceeds the first predefined temperature (controller 70 of the refrigeration apparatus 100 terminates defrost operation when first refrigerant temperature T1 is more than the first defrost temperature threshold, see paragraph 142).
In regards to claim 10, Tomiyama teaches the limitations of claim 9 and further discloses that in the defrost mode, the TRU is configured to circulate the hot refrigerant from the compressor (12) to the evaporator (HX 20, 28) through a distributor (21) associated with the evaporator (see fig. 1) to enable defrosting of the evaporator coils (see paragraph 56).
In regards to claim 12, Tomiyama teaches the limitations of claim 9 and further discloses that the refrigeration unit comprises: a compressor (compressor 12); a condenser (condenser 62) downstream of the compressor (HX 62 as condenser, see paragraph 41 and fig. 1); an expansion device (expansion valve 18) downstream of the condenser (valve 18 downstream of HX 62, see fig. 1); and an evaporator (evaporator 20, 28) downstream of the expansion device (see fig. 1), wherein, in a cooling mode (heat exchanger 62 functioning as a condenser and HX 28, 20 function as cooling evaporator, see paragraph 41), the TRU is configured to circulate the refrigerant from the compressor to the condenser, through the expansion device and the evaporator, and then return to the compressor (see fig. 1, where compressor discharge 10b is connected to branch 10e via switching valve 14 as indicated by dotted lines, paragraph 55).
In regards to claim 13, Tomiyama teaches a refrigeration circuit with refrigerant based defrost control (defrost operation in refrigeration apparatus 100, see abstract; paragraph 27; and fig. 1) comprising:
a compressor (compressor 12); a condenser (condenser 62) downstream of the compressor (HX 62 as condenser, see paragraph 41 and fig. 1); an expansion device (expansion valve 18) downstream of the condenser (valve 18 downstream of HX 62, see fig. 1); and an evaporator (evaporator 20, 28) downstream of the expansion device (see fig. 1), wherein, in a cooling mode (heat exchanger 62 functioning as a condenser and HX 28, 20 function as cooling evaporator, see paragraph 41), the refrigeration circuit is configured to circulate the refrigerant from the compressor to the condenser, through the expansion device and the evaporator, and then return to the compressor (see fig. 1, where compressor discharge 10b is connected to branch 10e via switching valve 14 as indicated by dotted lines, paragraph 55); and
a sensor (sensor 92c) positioned at an outlet of an evaporator associated with the refrigeration circuit (sensor 92c at an outlet of evaporator 28 of heat exchanger 20, see fig. 1), the sensor is operable to sense a temperature of a refrigerant exiting evaporator coils of the evaporator (92c sensing temperature T1 of the refrigerant leaving evaporator heat exchanger 28, fig. 1 and paragraphs 100-102);
wherein an outlet (10b) of the compressor (12) is fluidically connected to the condenser (HX 62 connected to compressor 12 via valves 44 and 14, fig. 1), and the evaporator coils associated with the evaporator (HX 20, 28) by a multi-way valve (via a four-way valve 14 and three-way four-way distributor 25, see fig. 1), and
wherein the refrigeration circuit is configured to terminate defrosting of the evaporator when the sensed temperature exceeds a first predefined temperature (controller 70 of the refrigeration apparatus 100 terminates defrost operation when first refrigerant temperature T1 is more than the first defrost temperature threshold, see paragraph 142) indicative of a phase change of ice formed on the evaporator coils (frost on the evaporator 28 melts, see paragraph 147).
In regards to claim 17, Tomiyama teaches the limitations of claim 13 and further discloses that the refrigeration circuit (100) comprises an economizer (economizer heat exchanger 34, see fig. 1 and paragraph 48) fluidically configured between the compressor (12), the evaporator (28, 20), and the condenser (62), and wherein the expansion device (valve 18) is an electronic evaporator expansion valve (electronic expansion valve connected to the controller, see figs. 1-2 and paragraphs 85-86) fluidically configured between the compressor and the evaporator (expansion valve 18 between compressor 12 and evaporator HX 28, when refrigerant flows from 10b to 10e, fig. 1).
In regards to claim 18, Tomiyama teaches the limitations of claim 1 and further discloses that the temperature sensed by the sensor (either sensor 92c or 92a) is a composite temperature of all fluid channels associated with the evaporator coils of the evaporator (sensors 92c and 92a both placed after the main pipes 26 and 10e respectively, wherein the single evaporator 28 and/or 62 discharge pipes 26 and 10e are associated with all of the evaporator coils of the evaporators, see below annotated fig. 1).
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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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomiyama as applied to claim 3 above and further in view of Yokohara (US 2012/0272673 A1).
In regards to claim 4, Tomiyama teaches the limitations of claim 3 and further discloses that in the defrost mode, the TRU is configured to circulate the hot refrigerant from the compressor (12) to the evaporator (HX 20, 28) through a distributor (21) associated with the evaporator (see fig. 1) to enable defrosting of the evaporator coils (see paragraph 56).
However, Tomiyama does not explicitly teach a drain pan heater associated with the evaporator.
Yokohara discloses a refrigeration system (10, see fig. 1), including an evaporator (33) and a drain pan heater of a drain pan (drain pan heater 54 within drain pan 37, see fig. 1 and paragraph 41) associated with the evaporator (33, see fig. 1), wherein in the defrost mode (refrigerant supplied to circuit 22 from the compressor 30, see paragraph 47), the refrigeration system is configured to circulate the hot refrigerant from the compressor (30) to the evaporator (33) through a drain pan heater (54) associated with the evaporator (see fig. 1 and paragraph 47) to enable defrosting of the drain pan and the evaporator coils (to melt frost, see paragraph 47).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the transport refrigeration unit of Tomiyama by providing a drain pan heater associated with the evaporator, wherein in the defrost mode, the refrigeration system is configured to circulate the hot refrigerant from the compressor to the evaporator through a drain pan heater associated with the evaporator to enable defrosting of the drain pan and the evaporator coils based on the teachings of Yokohara in order to melt frost/ice adhering to the evaporator and the ice blocks collecting in the drain pan below the evaporator (see paragraph 36, Yokohara) and to prevent ice pieces falling from the evaporator from refreezing within the drain pan below the evaporator.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomiyama as applied to claim 2 above and further in view of Lane (US 5016447 A).
In regards to claim 5, Tomiyama teaches the limitations of claim 2 and further discloses that the compressor (12) is fluidically connected to the condenser (HX 62 connected to compressor 12 via valves 44 and 14, fig. 1), and a drain pan heater (alternative limitation, which is not required by the claim) and/or the evaporator coils associated with the evaporator (HX 20, 28) by a multi-way valve (via a four-way valve 14 and three-way four-way distributor 25, see fig. 1).
However, Tomiyama does not explicitly teach a three-way valve.
Lane discloses a refrigeration system (see fig. 1), including a compressor (12), condenser (24), evaporator (30) and a three-way valve (3-way valve 40, see fig. 1), wherein the compressor is connected to the condenser and the evaporator coils by the three-way valve (compressor 12 connected to the condenser 24 and evaporator 30 via three-way valve 40, fig. 1).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the transport refrigeration unit of Tomiyama by providing a three-way valve at the refrigeration circuit of the refrigeration apparatus of Tomiyama to allow the compressor to fluidically connect to the condenser, and the evaporator coils associated with the evaporator by a three-way valve based on the teachings of Lane in order to reduce the cost of assembling the refrigeration unit by replacing two or more two-way valves with three-way valves and to reduce the number to components required to control refrigerant flow simultaneously in multiple paths.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomiyama as applied to claim 9 above and further in view of Yokohara (US 2012/0272673 A1).
In regards to claim 11, Tomiyama teaches the limitations of claim 9 and further discloses that in the defrost mode, the TRU is configured to circulate the hot refrigerant from a compressor (12) to the evaporator (HX 20, 28) through a distributor (21) associated with the evaporator (see fig. 1) to enable defrosting of the evaporator coils (see paragraph 56).
However, Tomiyama does not explicitly teach a drain pan heater associated with the evaporator.
Yokohara discloses a refrigeration system (10, see fig. 1), including an evaporator (33) and a drain pan heater of a drain pan (drain pan heater 54 within drain pan 37, see fig. 1 and paragraph 41) associated with the evaporator (33, see fig. 1), wherein in the defrost mode (refrigerant supplied to circuit 22 from the compressor 30, see paragraph 47), the refrigeration system is configured to circulate the hot refrigerant from the compressor (30) to the evaporator (33) through a drain pan heater (54) associated with the evaporator (see fig. 1 and paragraph 47) to enable defrosting of the drain pan and the evaporator coils (to melt frost, see paragraph 47).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of controlling defrosting of Tomiyama by providing a drain pan heater associated with the evaporator, wherein in the defrost mode, the refrigeration system is configured to circulate the hot refrigerant from the compressor to the evaporator through a drain pan heater associated with the evaporator to enable defrosting of the drain pan and the evaporator coils based on the teachings of Yokohara in order to melt frost/ice adhering to the evaporator and the ice blocks collecting in the drain pan below the evaporator (see paragraph 36, Yokohara) and to prevent ice pieces falling from the evaporator from refreezing within the drain pan below the evaporator.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomiyama as applied to claim 13 above and further in view of Yokohara (US 2012/0272673 A1).
In regards to claim 14, Tomiyama teaches the limitations of claim 13 and further discloses that in the defrost mode, the refrigeration circuit is configured to circulate hot refrigerant from the compressor (12) to the evaporator (HX 20, 28) through a distributor (21) associated with the evaporator (see fig. 1) to enable defrosting of the evaporator coils (see paragraph 56).
However, Tomiyama does not explicitly teach a drain pan heater associated with the evaporator.
Yokohara discloses a refrigeration system (10, see fig. 1), including an evaporator (33) and a drain pan heater of a drain pan (drain pan heater 54 within drain pan 37, see fig. 1 and paragraph 41) associated with the evaporator (33, see fig. 1), wherein in the defrost mode (refrigerant supplied to circuit 22 from the compressor 30, see paragraph 47), the refrigeration system is configured to circulate the hot refrigerant from the compressor (30) to the evaporator (33) through a drain pan heater (54) associated with the evaporator (see fig. 1 and paragraph 47) to enable defrosting of the drain pan and the evaporator coils (to melt frost, see paragraph 47).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the refrigeration circuit of Tomiyama by providing a drain pan heater associated with the evaporator, wherein in the defrost mode, the refrigeration system is configured to circulate the hot refrigerant from the compressor to the evaporator through a drain pan heater associated with the evaporator to enable defrosting of the drain pan and the evaporator coils based on the teachings of Yokohara in order to melt frost/ice adhering to the evaporator and the ice blocks collecting in the drain pan below the evaporator (see paragraph 36, Yokohara) and to prevent ice pieces falling from the evaporator from refreezing within the drain pan below the evaporator.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomiyama in view of Yokohara as applied to claim 14 above and further in view of Lane (US 5016447 A).
In regards to claim 15, Tomiyama teaches the limitations of claim 14 and further discloses that the compressor (12) is fluidically connected to the condenser (HX 62 connected to compressor 12 via valves 44 and 14, fig. 1), and the drain pan heater (alternative limitation, which is not required by the claim) and/or the evaporator coils associated with the evaporator (HX 20, 28) by a multi-way valve (via a four-way valve 14 and three-way four-way distributor 25, see fig. 1).
However, Tomiyama does not explicitly teach a three-way valve.
Lane discloses a refrigeration system (see fig. 1), including a compressor (12), condenser (24), evaporator (30) and a three-way valve (3-way valve 40, see fig. 1), wherein the compressor is connected to the condenser and the evaporator coils by the three-way valve (compressor 12 connected to the condenser 24 and evaporator 30 via three-way valve 40, fig. 1).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the refrigeration circuit of Tomiyama by providing a three-way valve at the refrigeration circuit of the refrigeration apparatus of Tomiyama to allow the compressor to fluidically connect to the condenser, and the evaporator coils associated with the evaporator by a three-way valve based on the teachings of Lane in order to reduce the cost of assembling the refrigeration unit by replacing two or more two-way valves with three-way valves and to reduce the number to components required to control refrigerant flow simultaneously in multiple paths.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomiyama as applied to claim 13 above and further in view of Yokohara (US 2012/0272673 A1) and Fulmer (US 2012/0042667 A1).
In regards to claim 16, Tomiyama teaches the limitations of claim 13 and further discloses that in the defrost mode, the refrigeration circuit is configured to circulate the hot refrigerant from the compressor (12) to the evaporator (HX 20, 28) through a distributor (21) associated with the evaporator (see fig. 1) to enable defrosting of the evaporator coils (see paragraph 56).
However, Tomiyama does not explicitly teach an electric heater at the evaporator, wherein heater enables defrosting at the evaporator and at a drain pan.
Yokohara discloses a refrigeration system (10, see fig. 1), including an evaporator (33) and a drain pan heater (drain pan heater 54 within drain pan 37, see fig. 1 and paragraph 41) associated with the evaporator (33, see fig. 1), wherein in the defrost mode (refrigerant supplied to circuit 22 from the compressor 30, see paragraph 47), the refrigeration system is configured to circulate the hot refrigerant from the compressor (30) to the evaporator (33) through a drain pan heater (54) associated with the evaporator (see fig. 1 and paragraph 47) to enable defrosting of the drain pan and the evaporator coils (to melt frost, see paragraph 47).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the refrigeration circuit of Tomiyama by providing a drain pan heater associated with the evaporator, wherein in the defrost mode, the refrigeration system is configured to circulate the hot refrigerant from the compressor to the evaporator through a drain pan heater associated with the evaporator to enable defrosting of the drain pan and the evaporator coils based on the teachings of Yokohara in order to melt frost/ice adhering to the evaporator and the ice blocks collecting in the drain pan below the evaporator (see paragraph 36, Yokohara) and to prevent ice pieces falling from the evaporator from refreezing within the drain pan below the evaporator.
Tomiyama also does not explicitly teach an electric heater in contact with the evaporator.
However, Fulmer teaches that the refrigeration circuit (10) comprises an electric heater (electric defrost heater 38, see figs. 1-2) in thermal contact with the evaporator (see figs. 1-2), wherein in a defrost mode, the electrical heater is activated to enable defrosting of the evaporator coils (see paragraphs 15-16, 22).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the refrigeration circuit of Tomiyama by providing an electric heater in thermal contact with the evaporator to enable defrosting of the evaporator coils and a drain pan associated with the evaporator by activating based on the teachings of Fulmer for the advantage of controlling the rate and amount of heating provided at the evaporator and the drain pan to melt variety of shapes and sizes of ice blocks without wasting energy.
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomiyama as applied to claim 1 above and further in view of Kates (US 2016/0223238 A1).
In regards to claim 19, Tomiyama teaches the limitations of claim 1 except an evaporator outlet pressure sensor for determining a pressure of the refrigerant exiting the evaporator and positioned at the outlet of the evaporator, and wherein the refrigeration unit includes a temperature corresponding to the determined pressure.
However, Kates discloses that an evaporator outlet pressure sensor (pressure sensor 1013 on evaporator outlet line 111, see figs. 10) positioned at the outlet of the evaporator (see figs. 10), wherein the evaporator outlet pressure sensor is operable to determine a pressure of the refrigerant exiting the evaporator (see figs. 10 and paragraphs 132, 143), wherein the refrigeration unit is configured to determine a temperature corresponding to the determined pressure (evaporating temperature acquired/determined from pressure-temperature chart based on sensed evaporator outlet pressure value, see paragraphs 145, 49).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the transport refrigeration unit of Tomiyama by providing an evaporator outlet pressure sensor positioned at the outlet of the evaporator, wherein the evaporator outlet pressure sensor is operable to determine a pressure of the refrigerant exiting the evaporator, wherein the transport refrigeration unit is configured to determine a temperature corresponding to the determined pressure based on the teachings of Kates for the advantage of accurately determining the superheat condition at the outlet of the evaporator to prevent compressor from receiving liquid refrigerant on the suction side of the compressor.
In regards to claim 20, Tomiyama as modified teaches the limitations of claim 19 and further discloses that transport refrigeration unit is configured to use the temperature corresponding to the determined pressure (this is an intended use limitation, see MPEP 2111.02 and 2114, wherein the courts held that a statement of intended use in a structural (apparatus claim) with structural limitations is not a claimed limitation; Also see paragraphs 145 and 49, Kates, for use of corresponding temperature).
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomiyama in view of Kates as applied to claim 19 above and further in view of Tiranno (US 2010/0011793 A1).
In regards to claims 19 and 20, Tomiyama teaches the limitations of claim 1 except an evaporator outlet pressure sensor for determining a pressure of the refrigerant exiting the evaporator and positioned at the outlet of the evaporator, and wherein the refrigeration unit includes a temperature corresponding to the determined pressure and use of the temperature corresponding to the determined pressure to terminate defrosting.
However, Tiranno discloses a refrigeration control system (see abstract) comprising an evaporator outlet pressure sensor (pressure sensor B, see fig. 2 and paragraph 39) positioned at the outlet of the evaporator (pressure sensor B at the outlet of evaporator coil 30, see fig. 2), wherein the evaporator outlet pressure sensor is operable to determine a pressure of the refrigerant exiting the evaporator (see paragraphs 27, 39), wherein the refrigeration unit is configured to determine a temperature corresponding to the determined pressure (converting the sensed pressure to the temperature, see paragraphs 22, 39) and the refrigeration unit further configured to use the temperature corresponding to the determined pressure (superheat value determined based on sensed pressure and converted temperature, see paragraphs 22, 39 and fig. 3) to terminate defrosting (see use of superheat at step 335 for terminating defrost at step 360, fig. 3 and paragraphs 20, 42-45).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the transport refrigeration unit of Tomiyama as modified by providing an evaporator outlet pressure sensor positioned at the outlet of the evaporator, wherein the evaporator outlet pressure sensor is operable to determine a pressure of the refrigerant exiting the evaporator, wherein the transport refrigeration unit is configured to determine a temperature corresponding to the determined pressure and use the temperature corresponding to the determined pressure to terminate defrosting in the transport refrigeration unit of Tomiyama based on the teachings of Tiranno in order to reduce ice build-up on the evaporator coils by monitoring and controlling the superheat value at the evaporator outlet (see paragraph 45, Tiranno).
For a different interpretation of claim 20: “use of temperature corresponding to pressure… to terminate defrosting” in claim 20, is alternatively interpreted as terminating defrosting is associated with the temperature corresponding to pressure.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tomiyama in view of Kates as applied to claim 19 above and further in view of Tiranno (US 2010/0011793 A1).
In regards to claim 20, Tomiyama teaches the limitations of claim 19 except the use of the temperature corresponding to the determined pressure to terminate defrosting.
However, Tiranno discloses a refrigeration control system (see abstract) comprising an evaporator outlet pressure sensor (pressure sensor B, see fig. 2 and paragraph 39) positioned at the outlet of the evaporator (pressure sensor B at the outlet of evaporator coil 30, see fig. 2), wherein the evaporator outlet pressure sensor is operable to determine a pressure of the refrigerant exiting the evaporator (see paragraphs 27, 39), wherein the refrigeration unit is configured to determine a temperature corresponding to the determined pressure (converting the sensed pressure to the temperature, see paragraphs 22, 39) and the refrigeration unit further configured to use the temperature corresponding to the determined pressure (superheat value determined based on sensed pressure and converted temperature, see paragraphs 22, 39 and fig. 3) to terminate defrosting (see use of superheat at step 335 for terminating defrost at step 360, fig. 3 and paragraphs 20, 42-45).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the transport refrigeration unit of Tomiyama as modified by providing an evaporator outlet pressure sensor positioned at the outlet of the evaporator, wherein the evaporator outlet pressure sensor is operable to determine a pressure of the refrigerant exiting the evaporator, wherein the transport refrigeration unit is configured to determine a temperature corresponding to the determined pressure and use the temperature corresponding to the determined pressure to terminate defrosting in the transport refrigeration unit of Tomiyama based on the teachings of Tiranno in order to reduce ice build-up on the evaporator coils by monitoring and controlling the superheat value at the evaporator outlet (see paragraph 45, Tiranno).
Response to Arguments
Applicant's arguments filed 12/18/2025 have been fully considered but they are not persuasive. In response to applicant's argument, "unlike applicant's disclosure, Tomiyama does not teach that the temperature sensor measures temperature of refrigerant associated with all of the evaporator," examiner maintains the rejection of claims 1, 8 and 13, and points out that the above mentioned description of the temperature sensor measurement is not claimed by any of the independent claims. In addition, both temperature sensors (92c and 92a) in Tomiyama are located after entire evaporator heat exchangers on single refrigerant line (28 and 62, fig. 1).
In response to applicant's argument, "temperature sensor 92c in Tomiyama is not positioned at an outlet of heat exchanger 28 to measure temperature of a refrigerant exiting heat transfer tubes of the HX 28, because sensor 92c is positioned after the distributor 25," examiner maintains the rejection of claims 1, 8 and 13, and points out that the distributor (25) is downstream of the evaporator heat exchanger (28); the refrigerant leaves the evaporators (28, 62) via single refrigerant line (26); and the temperature sensors (92c and 92a) are located on single refrigerant lines on the outlet side of the evaporators (28 and 62, see fig 1). Therefore, temperature sensors (92c, 92a) are both capable of measuring temperature of refrigerant exiting the evaporator (see fig. 1).
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 MERAJ A SHAIKH whose telephone number is (571)272-3027. The examiner can normally be reached on M-R 9:00-1:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached on 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MERAJ A SHAIKH/Examiner, Art Unit 3763
/JIANYING C ATKISSON/ Supervisory Patent Examiner, Art Unit 3763
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