DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
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:
“air-moving device” in claims 3 and 12,
“air-cooling device” and “air-treatment apparatus” in claims 4 and 13,
“air-heating device” in claims 5 and 14, and
“fluid-cooling device” and “fluid-heating device” in claims 6 and 15.
“device” and “apparatus” are generic placeholders that is coupled with respective functional languages “air-moving”, “air-cooling”, “air-treatment”, “air-heating”, “fluid-cooling” and “fluid-heating”. The claims are not reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
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.
According to Figs. 2 and 4, “air-moving device” has a structure of a fan.
According to the specification paragraph 0024, “air-cooling device” has a structure of an evaporator or a radiator. Fig. 3 also shows the air-cooling device 217 has a coiled structure.
According to the specification Fig. 3, the air-heating device 218 has a coiled structure.
In paragraph 0023, “air-treatment apparatus” or 240 has a structure of a heat exchanger and a coil structure in Fig. 3.
In paragraph 0029, fluid-cooling device 428 can be any suitable type of heat exchanger.
In paragraph 0031, shelf-heating device 426 is a shelf heater tank 426 that includes a heater as the 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 § 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 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Swofford (US PGPub No. 2010/0212343).
Regarding claim 1, Swofford discloses a temperature-controlled foodservice unit (Fig. 5), comprising:
a body (a closed-door type case 110) including a frame (exterior walls around a space 116) and defining a chamber (the space 116 within the case 110); and
a plurality of temperature-controlled systems (shelves 130 and dehumidified air flow path 120) operatively coupled with the frame (see Fig. 5) and configured for transferring heat with respect to a food product positioned within the chamber (food product disposed on the shelves 130, paragraph 0033), the plurality of temperature-controlled systems including:
a temperature-controlled shelf system (shelves 130) including at least one shelf (130) and at least one fluid passageway (coolant channels circulating through the shelves 130, see paragraph 0032), the at least one shelf being positioned within the chamber (see Fig. 5), the at least one fluid passageway (the coolant channels) being associated with the at least one shelf (within the shelves 130) and configured for carrying a fluid (circulating the coolant) therein so as to transfer heat by thermal conduction and thermal radiation with respect to the food product positioned on the at least one shelf (a heat transfer is done by conduction when the food product is placed in contact with the shelves); and
a temperature-controlled air system (dehumidified air flow path 120) configured for moving air through the chamber (for passage of air 115 communicating in the space 116) so as to transfer heat by thermal convection with respect to the food product positioned on the at least one shelf (a heat transfer is done by thermal convection of heat to the food product when the air 115 is blown toward the shelves 130).
Regarding claim 10, Swofford discloses a method of using a temperature-controlled foodservice unit, the method comprising the steps of:
providing that the temperature-controlled foodservice unit (provided in Fig. 5) includes a body (a closed-door type case 110) and a plurality of temperature-controlled systems (shelves 130 and dehumidified air flow path 120), the body including a frame (exterior walls around a space 116) and defining a chamber (the space 116 within the case 110), the plurality of temperature-controlled systems being operatively coupled with the frame (see Fig. 5) and configured for transferring heat with respect to a food product positioned within the chamber (food product disposed on the shelves 130, paragraph 0033), the plurality of temperature-controlled systems including a temperature-controlled shelf system (shelves 130) and a temperature-controlled air system (dehumidified air flow path 120), the temperature-controlled shelf system including at least one shelf and at least one fluid passageway (coolant channels circulating through the shelves 130, see paragraph 0032), the at least one shelf being positioned within the chamber (see Fig. 5), the at least one fluid passageway (the coolant channels) being associated with the at least one shelf (within the shelves 130);
carrying, by the at least one fluid passageway, a fluid in the at least one fluid passageway (circulating the coolant in the coolant channels in the shelves 130) so as to transfer heat by thermal conduction and thermal radiation with respect to the food product positioned on the at least one shelf (a heat transfer is done by conduction when the food product is placed in contact with the shelves); and
moving, by the temperature-controlled air system, air through the chamber (moving air 115 communicating in the space 116) so as to transfer heat by thermal convection with respect to the food product positioned on the at least one shelf (a heat transfer is done by thermal convection of heat to the food product when the air 115 is blown toward the shelves 130).
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.
Claim(s) 2-4 and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swofford (US PGPub No. 2010/0212343) in view of Stewart (GB 2466989 A).
Regarding claims 2 and 11, Swofford in claims 1 and 10 further discloses wherein the temperature-controlled air system includes an air supply plenum (an air supply duct at the location of 120) and an air return plenum (an air return duct at the location of fan 122), the air supply plenum including a first wall with a first plurality of holes (apertures 117), the air return plenum including a second wall (a wall having an opening of 119).
Swofford fails to disclose the air return plenum including a second wall with a second plurality of holes.
Stewart discloses the air return plenum (space between inlet 27 and fan 19, Fig. 2) including a second wall (rear vent 37) with a second plurality of holes (inlet openings 27, see Fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the air return plenum including a second wall with a second plurality of holes in Swofford as taught by Stewart in order to prevent debris entering the air return plenum.
Regarding claims 3 and 12, Swofford as modified in claims 2 and 11 further discloses wherein the temperature-controlled air system includes an air-moving device (fan 122) configured for moving the air within the temperature-controlled air system and thereby for increasing or decreasing a velocity of the air (increasing a velocity of air when the return air passes through the fan).
Regarding claim 4 and 13, Swofford in claims 3 and 12 further discloses wherein the temperature-controlled air system includes:
(a)(i) an air-cooling device (dehumidifying coil 124) configured for cooling the air before the air enters the air supply plenum (the dehumidifying coil 124 cools the air to dehumidify the air) and (ii) a first actuator (valve 28) associated with the air-cooling device (to control a fluid entering the dehumidifying coil 124); or
(b) an air-treatment apparatus configured for cooling the air before the air enters the air supply plenum.
Claim(s) 5 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swofford (US PGPub No. 2010/0212343) in view of Stewart (GB 2466989 A) as applied to claims 4 and 13 above, and further in view of Covin (EP 1787556 A1).
Regarding claims 5 and 14, Swofford fails to disclose wherein the temperature-controlled air system includes: (a) an air-heating device configured for heating the air before the air enters the air supply plenum; or (b) the air-treatment apparatus configured for heating the air before the air enters the air supply plenum.
Covin discloses electric resisters 32 in a coil shape in Fig. 3 for heating the air before the air enters the air supply plenum (the electric resisters 32 heats the air before the air entering an inlet pipe 21).
Swofford further discloses the coolant may be provided at any suitable temperature that is appropriate to maintain the desired temperature of the products within the storage space (paragraph 0028).
Therefore, when the desired temperature is a higher temperature, the electric resisters 32 in Covin may be added at the location of the dehumidifying coil 124 before the air flow path 120 in order to generate a warmer air to maintain the desired temperature delivered to the shelves 130 by heat convection.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the temperature-controlled air system includes: (a) an air-heating device configured for heating the air before the air enters the air supply plenum; or (b) the air-treatment apparatus configured for heating the air before the air enters the air supply plenum in Swofford as taught by Covin in order to generate a warmer air to maintain a higher desired temperature delivered to the shelves 130.
Claim(s) 6-9 and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swofford (US PGPub No. 2010/0212343) in view of Stewart (GB 2466989 A) and Covin (EP 1787556 A1) as applied to claims 5 and 14 above, and further in view of Tippmann (US Patent No. 5,201,364).
Regarding claims 6 and 15, Swofford in claims 5 and 14 further discloses wherein the temperature-controlled shelf system includes a fluid-cooling device (chiller 42) configured for cooling the fluid (to cool the coolant).
Swofford fails to disclose a fluid-heating device configured for heating the fluid.
Tippmann discloses a fluid-heating device (rod shaped heating elements 83 in a reservoir 80) configured for heating the fluid (heating the fluid in the tank 80).
As noted in claim 5 above, Swofford further discloses the coolant may be provided at any suitable temperature that is appropriate to maintain the desired temperature of the products within the storage space (paragraph 0028). Therefore, when the desired temperature is a higher temperature, a heating tank 80 with the heating elements 83 of Tippmann may be provided in the second cooling loop 152 of Swofford in order to generate a warmer coolant to maintain the desired temperature delivered to the shelves 130.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a fluid-heating device configured for heating the fluid in Swofford as taught by Tippmann in order to generate a warmer coolant to maintain a higher desired temperature delivered to the shelves 130.
Regarding claims 7 and 16, Swofford as modified claim 6 further discloses a control system (a system to control the flow of liquid coolant through the coil 24, paragraph 0020 of Swofford) operatively coupled with the temperature-controlled shelf system and the temperature-controlled air system (that at least controls valve 28 in embodiment of Fig. 1 which is largely similar to the valve 128 in Fig. 5), the control system including:
a first sensor (thermocouples or RTDs in paragraph 0020) configured for:
sensing an air temperature of the air in the temperature-controlled air system (a signal representative of the temperature of the coil 24, which is an indication of the air circulating in the coil 24);
outputting an air temperature signal corresponding to the air temperature that is sensed (“a signal representative of the temperature of the coil 24” in paragraph 0020, which the sensor outputs a signal of the sensed temperature of the thermocouples or RTDs);
a controller (“a programmable control device such as a microprocessor”) configured for:
receiving the air temperature signal (the sensors arranged to provide a signal to the microprocessor, paragraph 0020);
determining, based at least in part on the air temperature signal, an air temperature adjustment (the inherent internal determination in the microprocessor, based on at least the temperature signal, “to provide the appropriate output signal to the valve 28” in paragraph 0020);
outputting, based at least in part on the air temperature adjustment, an air temperature adjustment signal to at least one of the air-moving device, the first actuator, the air-heating device, and the air-treatment apparatus (the output signal to the valve 28 or the valve 128 in Fig. 5 as the “first actuator” claimed).
Regarding claims 8 and 17, Swofford in claim 7 and 16 further discloses wherein the temperature-controlled shelf system further includes a second actuator (valves 154) associated with the fluid-cooling device (to control a fluid entering the shelf 130), wherein the control system includes:
a second sensor (temperature sensors on the shelves, paragraph 0030, noted that the paragraph is a description of embodiment Fig. 1 which is largely similar to the valve 154 in Fig. 5) configured for:
sensing a fluid temperature of the fluid in the temperature-controlled shelf system (sensing a temperature of a shelf 130 in the shelves 130, which is an indication of the coolant circulating within the shelf 130);
outputting a fluid temperature signal corresponding to the fluid temperature that is sensed (“temperature sensors on the shelves and/or coils providing signals representative of temperature to a programmable control device”, paragraph 0030);
the controller (the programmable control device) configured for:
receiving the fluid temperature signal (“providing signals representative of temperature to a programmable control device”, paragraph 0030);
determining, based at least in part on the fluid temperature signal, a fluid temperature adjustment (the inherent internal determination in the microprocessor, based on at least the temperature signal of the shelf, “to provide output signals to control position of the valves 54”);
outputting, based at least in part on the fluid temperature adjustment, a fluid temperature adjustment signal to at least one of the second actuator and the fluid-heating device (the output signal to the valve 154 in Fig. 5).
Regarding claims 9 and 18, Swofford in claim 8 and 17 further discloses wherein the control system is configured for maintaining the air temperature of the air in the temperature-controlled air system and the fluid temperature of the fluid in the temperature-controlled shelf system independently of one another (the programmable control device or microprocessor adjusts the valve 28/128 based on the temperature of the coil 24/124; and adjusts the valve 54/154 based on the temperature of the shelf 30/130. The adjustments are independent) in accordance with a target air temperature and a target fluid temperature, respectively (the internal target temperatures of the air in the coil 24/124 and fluid temperature of the shelf 30/130 in the programmable control device inherently exist to determine the control of the valves 28/128 and 54/154 respectively).
Conclusion
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/JIANYING C ATKISSON/Supervisory Patent Examiner, Art Unit 3763
/F.K.L/Examiner, Art Unit 3763