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 .
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application
because the submitted drawings have a line quality that is too light to be reproduced (weight of all lines
and letters must be heavy enough to permit adequate reproduction) or text that is illegible (reference
characters, sheet numbers, and view numbers must be plain and legible). See 37 CFR 1.84(l) and (p)(1).
Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as
the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are
required in reply to the Office action to avoid abandonment of the application. The requirement for
corrected drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the housing of claim 4 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-15 are objected to because of the following informalities:
Claim 1, line 9: “to one another to facilitate heat exchange therebetween” should read “to one another to facilitate heat exchange between the first fluid path and the second fluid path”
Claim 10, line 8: “a separate fluid path therethrough” should read “a separate fluid path in the heat exchanger”
Claim 10, lines 10-11: “to one another to facilitate heat exchange therebetween” should read “to one another to facilitate heat exchange between the liquid carbon dioxide flow path and the cooling fluid circuit”
Claims 2-5 and 7-9 are also objected to by virtue of their dependency on claim 1.
Claim 6 is also objected to by virtue of its dependency on claim 5.
Claims 11-15 are also objected to by virtue of their dependency on claim 10.
Appropriate correction is required.
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 7 and 18-19 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.
The term “approximately” in claim 7 is a relative term which renders the claim indefinite. The term “approximately” 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. The proximity of the temperature of the liquid carbon dioxide to -35°F at the liquid outlet is rendered indefinite by the use of the term approximately. For purposes of examination, the Examiner will interpret the term approximately to include a range of ± 10%.
Claim 18, line 1 recites, “The method of claim 14” which is unclear to the Examiner as claim 14 is not a method claim. For purposes of examination, the Examiner will interpret claim 18 to depend from claim 16 which is a method claim. The Examiner recommend changing “The method of claim 14” to “The method of claim 16”.
Claim 19, line 1 recites, “The method of claim 14” which is unclear to the Examiner as claim 14 is not a method claim. For purposes of examination, the Examiner will interpret claim 19 to depend from claim 16 which is a method claim. The Examiner recommend changing “The method of claim 14” to “The method of claim 16”.
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.
Claims 1, 5-6, 10-11, 13, 16, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ott (FR 2979336), hereinafter Ott.
Regarding claim 1, Ott discloses a system for subcooling liquid carbon dioxide to be used for dry ice production (Fig. 1; Abstract, Producing carbon dioxide in solid form, comprises providing carbon dioxide in liquid form, cooling the carbon dioxide by passing it into a first heat exchanger (11) and then expanding for producing a solid fraction by the transformation of part of carbon dioxide and a gaseous fraction, recovering the gaseous fraction, circulating a refrigerant in a closed circuit, and cooling the refrigerant in a second heat exchanger (12), where the first heat exchanger is an evaporator of a refrigeration cycle unit), the system comprising:
a refrigeration unit that includes cooling fluid within a cooling fluid circuit and a condenser to cool the cooling fluid (Fig. 1, refrigerating cycle group 3, condenser 31, primary circuit 111; Pg. 3, The refrigerating unit 3 includes in loop in the direction of circulation of a refrigerant the primary circuit 111 of a first exchanger 11, a compressor 30, a condenser 31, the secondary circuit 122 of a second exchanger 12 and a pressure reducer 32 upstream of the first exchanger 11);
a heat exchanger connectable along a first fluid path between a liquid carbon dioxide source and dry ice production equipment via a liquid carbon dioxide supply line, the heat exchanger having a second fluid path connectable to the refrigeration unit via the cooling fluid circuit; wherein the heat exchanger maintains the first fluid path and the second fluid path adjacent to one another to facilitate heat exchange therebetween (Fig. 1, first heat exchanger 11, feed circuit 1, primary circuit 111, secondary circuit 112, horn 2; Pg. 3, In the following description, the installation comprises exchangers. These exchangers have the function of transferring thermal energy between two fluids. Each fluid enters the exchanger through one inlet and out of one outlet, without being mixed with the other fluid. Thus, the exchanger comprises a primary circuit for the first fluid and a secondary circuit for the second fluid; Further, the first heat exchanger 11 has the same structure as the claimed heat exchanger and is capable of functioning in the manner claimed); and
an outlet that outputs the liquid carbon dioxide to the dry ice production equipment and is in fluid communication with the heat exchanger through the liquid carbon dioxide supply line (See annot9ated Fig. 1 of Ott, outlet A; Pg. 3, The supply circuit 1 for the liquid comprises a pipe connected to the inlet of the secondary circuit 112 of the first exchanger 11 and secondly to a carbon dioxide tank SO liquid form, not shown. The output of the secondary circuit 112 of the exchanger 11 is connected to a third exchanger 13 at the input of the secondary circuit 132. The output of the secondary circuit 132 is connected to a conduit which brings the liquid into a cavity 2 to a horn 20 for injecting the carbon dioxide into the cavity).
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Annotated Fig. 1 of Ott
Regarding claim 5, Ott discloses the system of claim 1 (see the rejection of claim 1 above), further comprising a second heat exchanger fluidically connected along the liquid carbon dioxide supply line, the second heat exchanger being positioned downstream of the heat exchanger to receive the liquid carbon dioxide output from the heat exchanger, provide further cooling of the liquid carbon dioxide, and output the cooled liquid carbon dioxide to the outlet (Fig. 1, third heat exchanger 13; Pg. 3, The supply circuit 1 for the liquid comprises a pipe connected to the inlet of the secondary circuit 112 of the first exchanger 11 and secondly to a carbon dioxide tank SO liquid form, not shown. The output of the secondary circuit 112 of the exchanger 11 is connected to a third exchanger 13 at the input of the secondary circuit 132. The output of the secondary circuit 132 is connected to a conduit which brings the liquid into a cavity 2 to a horn 20 for injecting the carbon dioxide into the cavity).
Regarding claim 6, Ott discloses the system of claim 1 (see the rejection of claim 1 above), further comprising a second refrigeration unit fluidically connected to the second heat exchanger via a second coolant circuit (Fig. 1, cavity 2, recovery line 4; Pg. 3, A recovery line 4 is connected to the cavity 2 to recover the gaseous fraction of the carbon dioxide. The recovery pipe 4 extends to the inlet of the primary circuit 131 of the third heat exchanger 13, then from the output of the primary circuit 131 to the inlet of the primary circuit 121 of the second heat exchanger 12, and finally of the leaving the primary circuit 121 of the second heat exchanger 12 to a mouth 40 to open into the open air).
Regarding claim 10, Ott discloses a subcooler for subcooling liquid carbon dioxide to be used for dry ice production (Fig. 1, first heat exchanger 11; Abstract, Producing carbon dioxide in solid form, comprises providing carbon dioxide in liquid form, cooling the carbon dioxide by passing it into a first heat exchanger (11) and then expanding for producing a solid fraction by the transformation of part of carbon dioxide and a gaseous fraction, recovering the gaseous fraction, circulating a refrigerant in a closed circuit, and cooling the refrigerant in a second heat exchanger (12), where the first heat exchanger is an evaporator of a refrigeration cycle unit), the subcooler comprising:
a cooling fluid circuit (Fig. 1, primary circuit 111, secondary circuit 122, and other connecting lines between the components of refrigerating cycle group 3);
a refrigeration unit (Fig. 1, refrigerating cycle group 3) comprising:
a compressor fluidically connected along the cooling fluid circuit (Fig. 1, compressor 30); and
a condenser fluidically connected along the cooling fluid circuit (Fig. 1, condenser 31);
a heat exchanger fluidically connected to the cooling fluid circuit, the heat exchanger having a separate fluid path therethrough in fluid communication with a liquid carbon dioxide flow path, the liquid carbon dioxide flow path being fluidically isolated from the cooling fluid circuit and positioned adjacent to the cooling fluid circuit to facilitate heat exchange therebetween (Fig. 1, first heat exchanger 11, feed circuit 1, primary circuit 111, secondary circuit 112, horn 2; Pg. 3, In the following description, the installation comprises exchangers. These exchangers have the function of transferring thermal energy between two fluids. Each fluid enters the exchanger through one inlet and out of one outlet, without being mixed with the other fluid. Thus, the exchanger comprises a primary circuit for the first fluid and a secondary circuit for the second fluid; Further, the first heat exchanger 11 has the same structure as the claimed heat exchanger and is capable of functioning in the manner claimed); and
an outlet downstream along the liquid carbon dioxide flow path, the outlet being configured to output cooled liquid carbon dioxide through the liquid carbon dioxide flow path to dry ice production equipment (See annotated Fig. 1 of Ott, outlet A; Pg. 3, The supply circuit 1 for the liquid comprises a pipe connected to the inlet of the secondary circuit 112 of the first exchanger 11 and secondly to a carbon dioxide tank SO liquid form, not shown. The output of the secondary circuit 112 of the exchanger 11 is connected to a third exchanger 13 at the input of the secondary circuit 132. The output of the secondary circuit 132 is connected to a conduit which brings the liquid into a cavity 2 to a horn 20 for injecting the carbon dioxide into the cavity; Further, outlet A of Ott has the same structure as the claimed outlet and is capable of functioning in the manner claimed).
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Annotated Fig. 1 of Ott
Regarding claim 11, Ott discloses the subcooler of claim 10 (see the rejection of claim 10 above), wherein:
the compressor is configured to compress cooling fluid within the cooling fluid circuit to facilitate movement of the cooling fluid through the cooling fluid circuit (Pg. 3, The condenser 31 circulates for example ambient air to cool the refrigerant after compression by the compressor 30; Further, the compressor 30 of Ott has the same structure as the claimed compressor and is capable of functioning in the manner claimed); and
the condenser is configured to condense the cooling fluid into a liquid and cool the cooling fluid (Pg. 3, The condenser 31 circulates for example ambient air to cool the refrigerant after compression by the compressor 30; Further, the condenser 31 of Ott has the same structure as the claimed condenser and is capable of functioning in the manner claimed).
Regarding claim 13, Ott discloses the subcooler of claim 10 (see the rejection of claim 10 above), further comprising a second heat exchanger in the liquid carbon dioxide flow path that receives the liquid carbon dioxide from the heat exchanger, further cools the liquid carbon dioxide, and outputs the cooled liquid carbon dioxide to a second outlet (Fig. 1, third heat exchanger 13; See annotated Fig. 1 of Ott below, second outlet A-1; Pg. 3, The supply circuit 1 for the liquid comprises a pipe connected to the inlet of the secondary circuit 112 of the first exchanger 11 and secondly to a carbon dioxide tank SO liquid form, not shown. The output of the secondary circuit 112 of the exchanger 11 is connected to a third exchanger 13 at the input of the secondary circuit 132. The output of the secondary circuit 132 is connected to a conduit which brings the liquid into a cavity 2 to a horn 20 for injecting the carbon dioxide into the cavity).
Regarding claim 16, Ott discloses a method for subcooling liquid carbon dioxide (Fig. 1; Abstract, Producing carbon dioxide in solid form, comprises providing carbon dioxide in liquid form, cooling the carbon dioxide by passing it into a first heat exchanger (11) and then expanding for producing a solid fraction by the transformation of part of carbon dioxide and a gaseous fraction, recovering the gaseous fraction, circulating a refrigerant in a closed circuit, and cooling the refrigerant in a second heat exchanger (12), where the first heat exchanger is an evaporator of a refrigeration cycle unit), the method comprising:
receiving, at a heat exchanger, liquid carbon dioxide through a liquid carbon dioxide flow path (Fig. 1, first heat exchanger 11, feed circuit 1, secondary circuit 112);
receiving, at the heat exchanger, cooling fluid through a cooling fluid circuit from a refrigeration unit, the cooling fluid circuit being separate from the liquid carbon dioxide flow path, wherein the refrigeration unit is used to cool the cooling fluid (Fig. 1, primary circuit 111, secondary circuit 122, and other connecting lines between the components of refrigerating cycle group 3, refrigerating cycle group 3; Pg. 3, The refrigerating unit 3 includes in loop in the direction of circulation of a refrigerant the primary circuit 111 of a first exchanger 11, a compressor 30, a condenser 31, the secondary circuit 122 of a second exchanger 12 and a pressure reducer 32 upstream of the first exchanger 11. The condenser 31 circulates for example ambient air to cool the refrigerant after compression by the compressor 30. The first exchanger 11 serves as an evaporator for the refrigerant);
flowing cooling fluid through the heat exchanger to perform heat exchange between the cooling fluid circuit and the liquid carbon dioxide flow path, the cooling fluid path being positioned proximate to the liquid carbon dioxide flow path within the heat exchanger (Pg. 3, In the following description, the installation comprises exchangers. These exchangers have the function of transferring thermal energy between two fluids. Each fluid enters the exchanger through one inlet and out of one outlet, without being mixed with the other fluid. Thus, the exchanger comprises a primary circuit for the first fluid and a secondary circuit for the second fluid… In operation, the carbon dioxide in liquid form arrives between -20 ° C and -25 ° C in the first exchanger 11 and the third exchanger 13 spring between -40 ° C and -55 ° C; Fig. 1 of Ott depicts the primary circuit 111 and the secondary circuit 112 to be proximate one another within the first heat exchanger 11); and
outputting the cooled liquid carbon dioxide through the liquid carbon dioxide flow path to an outlet that is connected to the heat exchanger (See annotated Fig. 1 of Ott, outlet A; Pg. 3, The supply circuit 1 for the liquid comprises a pipe connected to the inlet of the secondary circuit 112 of the first exchanger 11 and secondly to a carbon dioxide tank SO liquid form, not shown. The output of the secondary circuit 112 of the exchanger 11 is connected to a third exchanger 13 at the input of the secondary circuit 132. The output of the secondary circuit 132 is connected to a conduit which brings the liquid into a cavity 2 to a horn 20 for injecting the carbon dioxide into the cavity).
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Annotated Fig. 1 of Ott
Regarding claim 19, Ott discloses the method of claim 16 (see the rejection of claim 16 above; As best understood, see 112(b) rejections above), further comprising:
receiving at a second heat exchanger the liquid carbon dioxide;
cooling, at the second heat exchanger, the liquid carbon dioxide; and
outputting the cooled liquid carbon dioxide (Fig. 1, third heat exchanger 13; Pg. 3, The supply circuit 1 for the liquid comprises a pipe connected to the inlet of the secondary circuit 112 of the first exchanger 11 and secondly to a carbon dioxide tank SO liquid form, not shown. The output of the secondary circuit 112 of the exchanger 11 is connected to a third exchanger 13 at the input of the secondary circuit 132. The output of the secondary circuit 132 is connected to a conduit which brings the liquid into a cavity 2 to a horn 20 for injecting the carbon dioxide into the cavity).
Claim Rejections - 35 USC § 103
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 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.
Claims 2, 12, 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ott (FR 2979336), hereinafter Ott in view of Hartfield (US Patent No. 9,903,663), hereinafter Hartfield.
Regarding claim 2, Ott discloses the system of claim 1 (see the rejection of claim 1 above), wherein the heat exchanger is a plate heat exchanger (Pg. 3, The exchanger technology can be plate or tube and does not affect the operating principle of the installation).
However, Ott does not explicitly disclose wherein the heat exchanger comprises a brazed plate heat exchanger.
Hartfield teaches a brazed plate heat exchanger for use in subcoolers (Fig. 1, brazed plate heat exchanger (BPHE) 10; Col. 4, lines 41-47 and 53-62, A brazed heat exchanger, for example a brazed plate heat exchanger (BPHE) is composed of corrugated metallic sheets which are in tum brazed together. Such a construction can offer some advantages and may be deployed in chiller or refrigeration systems such as for example in evaporators, condensers, subcoolers, economizers, oil coolers as some examples… FIG. 1 shows one example of a brazed plate heat exchanger (BPHE) 10. The BPHE 10 can be composed of corrugated metallic sheets, see e.g. 12 and 14, which are brazed together. As shown, plate 14 allows one fluid stream for example a source stream, such as a chilled fluid which may be water, to flow on one side, while plate 12 allows another fluid stream, for example a refrigerant stream to flow on the other side. The fluids exchange heat for example such that the fluid stream flowing through plate 12 cools the fluid stream (e.g. water) flowing through plate 14).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the heat exchanger of the system of Ott of claim 1 to be a brazed plate heat exchanger as taught by Hartfield. One of ordinary skill in the art would have been motivated to make this modification to provide a heat exchanger that has a very compact profile and footprint, can have low internal (fluid) volume, and a unified and rigid structure (Hartfield, Col. 4, lines 47-49).
Regarding claim 12, Ott discloses the subcooler of claim 10 (see the rejection of claim 10 above), wherein the heat exchanger is a plate heat exchanger (Pg. 3, The exchanger technology can be plate or tube and does not affect the operating principle of the installation).
However, Ott does not explicitly disclose wherein the heat exchanger comprises a brazed plate heat exchanger.
Hartfield teaches a brazed plate heat exchanger for use in subcoolers (Fig. 1, brazed plate heat exchanger (BPHE) 10; Col. 4, lines 41-47 and 53-62, A brazed heat exchanger, for example a brazed plate heat exchanger (BPHE) is composed of corrugated metallic sheets which are in tum brazed together. Such a construction can offer some advantages and may be deployed in chiller or refrigeration systems such as for example in evaporators, condensers, subcoolers, economizers, oil coolers as some examples… FIG. 1 shows one example of a brazed plate heat exchanger (BPHE) 10. The BPHE 10 can be composed of corrugated metallic sheets, see e.g. 12 and 14, which are brazed together. As shown, plate 14 allows one fluid stream for example a source stream, such as a chilled fluid which may be water, to flow on one side, while plate 12 allows another fluid stream, for example a refrigerant stream to flow on the other side. The fluids exchange heat for example such that the fluid stream flowing through plate 12 cools the fluid stream (e.g. water) flowing through plate 14).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the heat exchanger of the subcooler of Ott of claim 10 to be a brazed plate heat exchanger as taught by Hartfield. One of ordinary skill in the art would have been motivated to make this modification to provide a heat exchanger that has a very compact profile and footprint, can have low internal (fluid) volume, and a unified and rigid structure (Hartfield, Col. 4, lines 47-49).
Regarding claim 17, Ott discloses the method of claim 16 (see the rejection of claim 16 above), wherein the heat exchanger is a plate heat exchanger (Pg. 3, The exchanger technology can be plate or tube and does not affect the operating principle of the installation).
However, Ott does not explicitly disclose wherein the heat exchanger comprises a brazed plate heat exchanger.
Hartfield teaches a brazed plate heat exchanger for use in subcoolers (Fig. 1, brazed plate heat exchanger (BPHE) 10; Col. 4, lines 41-47 and 53-62, A brazed heat exchanger, for example a brazed plate heat exchanger (BPHE) is composed of corrugated metallic sheets which are in tum brazed together. Such a construction can offer some advantages and may be deployed in chiller or refrigeration systems such as for example in evaporators, condensers, subcoolers, economizers, oil coolers as some examples… FIG. 1 shows one example of a brazed plate heat exchanger (BPHE) 10. The BPHE 10 can be composed of corrugated metallic sheets, see e.g. 12 and 14, which are brazed together. As shown, plate 14 allows one fluid stream for example a source stream, such as a chilled fluid which may be water, to flow on one side, while plate 12 allows another fluid stream, for example a refrigerant stream to flow on the other side. The fluids exchange heat for example such that the fluid stream flowing through plate 12 cools the fluid stream (e.g. water) flowing through plate 14).
Therefore, it would have been obvious before the effective filing date of the claimed invention to modify the heat exchanger of the method of Ott of claim 16 to be a brazed plate heat exchanger as taught by Hartfield. One of ordinary skill in the art would have been motivated to make this modification to provide a heat exchanger that has a very compact profile and footprint, can have low internal (fluid) volume, and a unified and rigid structure (Hartfield, Col. 4, lines 47-49).
Regarding claim 20, Ott as modified discloses the method of claim 17 (see the combination of references used in the rejection of claim 17 above), further comprising producing dry ice from the liquid carbon dioxide at dry ice production equipment fluidically connected to the outlet (Ott, Fig. 1, horn 20; Pg. 3, The supply circuit 1 for the liquid comprises a pipe connected to the inlet of the secondary circuit 112 of the first exchanger 11 and secondly to a carbon dioxide tank SO liquid form, not shown. The output of the secondary circuit 112 of the exchanger 11 is connected to a third exchanger 13 at the input of the secondary circuit 132. The output of the secondary circuit 132 is connected to a conduit which brings the liquid into a cavity 2 to a horn 20 for injecting the carbon dioxide into the cavity. The cavity 2 is for example a piston chamber of a machine for making dry ice).
Claims 3, 9, 15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ott (FR 2979336), hereinafter Ott in view of Crowe et al. (US Patent No. 4,377,402), hereinafter Crowe.
Regarding claim 3, Ott discloses the system of claim 1 (see the rejection of claim 1 above).
However, Ott does not disclose further comprising a programmable logic controller unit that is configurable to control the flow of the liquid carbon dioxide supply line and cooling amount of the liquid carbon dioxide.
Crowe teaches further comprising a programmable logic controller unit that is configurable to control the flow of the liquid carbon dioxide supply line and cooling amount of the liquid carbon dioxide (Fig. 2, master control system 65; Col. 3, lines 43-44, Control of the overall operation is effected by a master control system 65 mounted on the chassis; Col. 6, lines 33-48, The actual supply of the sub-cooled high-pressure liquid CO2 to the snow-making apparatus 11 is controlled by the operation of the valve 57 by the solenoid 59. The solenoid is operated through the main control system 65 which opens the valve, after the presence of a container has been detected and the hood 13 has descended into operative sealing position closing an "operation" switch 139. A thermocouple 141 constantly monitors the temperature in the CO2 delivery line 81 when the operation switch 139 closes to indicate the readiness to begin delivery of snow, a current-sensing relay in the temperature sensing circuit is activated from a bank 142 of such relays connected in parallel to close a specific relay depending upon the magnitude of the electrical signal being put out by the thermocouple 141).
Ott fails to teach a programmable logic controller unit that is configurable to control the flow of the liquid carbon dioxide supply line and cooling amount of the liquid carbon dioxide, however Crowe teaches that it is a known method in the art of dry ice production to include a programmable logic controller unit that is configurable to control the flow of the liquid carbon dioxide supply line and cooling amount of the liquid carbon dioxide. This is strong evidence that modifying Ott as claimed would produce predictable results (i.e. providing increased control over system operations to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ott by Crowe and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing increased control over system operations to improve overall system efficiencies.
Regarding claim 9, Ott discloses the system of claim 1 (see the rejection of claim 1 above), further comprising the dry ice production equipment (Fig. 1, horn 20)
However, Ott does not explicitly disclose wherein the dry ice production equipment comprises a snow hood.
Crowe teaches wherein the dry ice production equipment comprises a snow hood (Fig. 2, snow hood 13; Col. 3, lines 25-35, The illustrated snow hood 13 carries four snow horns 51, each having an expansion nozzle 53 through which high-pressure liquid CO2 is flashed to a mixture of CO2 snow and vapor. The snow horns 51 direct the snow downward and into the interstices of the mass of poultry which is packed in the corrugated container. A vent 56 is provided in the top surface of the hood 13, located generally centrally thereof, which provides an exit for the CO2 vapor and which in most instances is connected to a flexible conduit leading to a line which takes it exterior of the processing plant).
Ott fails to teach wherein the dry ice production equipment comprises a snow hood, however Crowe teaches that it is a known method in the art of dry ice production to include wherein the dry ice production equipment comprises a snow hood. This is strong evidence that modifying Ott as claimed would produce predictable results (i.e. providing a barrier between the produced dry ice and a user to improve user safety). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ott by Crowe and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing a barrier between the produced dry ice and a user to improve user safety.
Regarding claim 15, Ott discloses the subcooler of claim 10 (see the rejection of claim 10 above).
However, Ott does not disclose further comprising a programmable logic controller unit that is configurable to control the flow of the liquid carbon dioxide flow path and cooling amount of the liquid carbon dioxide.
Crowe teaches further comprising a programmable logic controller unit that is configurable to control the flow of the liquid carbon dioxide flow path and cooling amount of the liquid carbon dioxide (Fig. 2, master control system 65; Col. 3, lines 43-44, Control of the overall operation is effected by a master control system 65 mounted on the chassis; Col. 6, lines 33-48, The actual supply of the sub-cooled high-pressure liquid CO2 to the snow-making apparatus 11 is controlled by the operation of the valve 57 by the solenoid 59. The solenoid is operated through the main control system 65 which opens the valve, after the presence of a container has been detected and the hood 13 has descended into operative sealing position closing an "operation" switch 139. A thermocouple 141 constantly monitors the temperature in the CO2 delivery line 81 when the operation switch 139 closes to indicate the readiness to begin delivery of snow, a current-sensing relay in the temperature sensing circuit is activated from a bank 142 of such relays connected in parallel to close a specific relay depending upon the magnitude of the electrical signal being put out by the thermocouple 141).
Ott fails to teach a programmable logic controller unit that is configurable to control the flow of the liquid carbon dioxide flow path and cooling amount of the liquid carbon dioxide, however Crowe teaches that it is a known method in the art of dry ice production to include a programmable logic controller unit that is configurable to control the flow of the liquid carbon dioxide flow path and cooling amount of the liquid carbon dioxide. This is strong evidence that modifying Ott as claimed would produce predictable results (i.e. providing increased control over system operations to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ott by Crowe and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing increased control over system operations to improve overall system efficiencies.
Regarding claim 18, Ott discloses the method of claim 16 (see the rejection of claim 16 above; As best understood, see 112(b) rejections above).
However, Ott does not disclose further comprising controlling, with a programmable logic unit included at the refrigeration unit, the flow of the liquid carbon dioxide flow path and cooling amount of the liquid carbon dioxide.
Crowe teaches further comprising controlling, with a programmable logic unit included at the refrigeration unit, the flow of the liquid carbon dioxide flow path and cooling amount of the liquid carbon dioxide (Fig. 2, master control system 65; Col. 3, lines 43-44, Control of the overall operation is effected by a master control system 65 mounted on the chassis; Col. 6, lines 33-48, The actual supply of the sub-cooled high-pressure liquid CO2 to the snow-making apparatus 11 is controlled by the operation of the valve 57 by the solenoid 59. The solenoid is operated through the main control system 65 which opens the valve, after the presence of a container has been detected and the hood 13 has descended into operative sealing position closing an "operation" switch 139. A thermocouple 141 constantly monitors the temperature in the CO2 delivery line 81 when the operation switch 139 closes to indicate the readiness to begin delivery of snow, a current-sensing relay in the temperature sensing circuit is activated from a bank 142 of such relays connected in parallel to close a specific relay depending upon the magnitude of the electrical signal being put out by the thermocouple 141).
Ott fails to teach further comprising controlling, with a programmable logic unit included at the refrigeration unit, the flow of the liquid carbon dioxide flow path and cooling amount of the liquid carbon dioxide, however Crowe teaches that it is a known method in the art of dry ice production to include further comprising controlling, with a programmable logic unit included at the refrigeration unit, the flow of the liquid carbon dioxide flow path and cooling amount of the liquid carbon dioxide.. This is strong evidence that modifying Ott as claimed would produce predictable results (i.e. providing increased control over system operations to improve overall system efficiencies). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ott by Crowe and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing increased control over system operations to improve overall system efficiencies.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ott (FR 2979336), hereinafter Ott in view of Backman (US Patent No. 9,482,443), hereinafter Backman.
Regarding claim 4, Ott discloses the system of claim 1 (see the rejection of claim 1 above).
However, Ott does not disclose wherein the heat exchanger is positioned within a housing including the refrigeration unit.
Backman teaches a heat exchanger of a subcooling circuit to be positioned within a housing including the refrigeration unit (Fig. 1, secondary evaporator 46, subcooling circuit 22, housing 50, refrigeration system 10).
Ott fails to teach wherein the heat exchanger is positioned within a housing including the refrigeration unit, however Backman teaches that it is a known method in the art of subcoolers to include a heat exchanger of a subcooling circuit to be positioned within a housing including the refrigeration unit. This is strong evidence that modifying Ott as claimed would produce predictable results (i.e. minimizing the overall footprint of the refrigeration unit). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ott by Backman and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of minimizing the overall footprint of the refrigeration unit.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Ott (FR 2979336), hereinafter Ott.
Regarding claim 7, Ott discloses the system of claim 1 (see the rejection of claim 1 above), wherein the liquid carbon dioxide is received at the outlet at approximately -35°F (Pg. 3, In operation, the carbon dioxide in liquid form arrives between -20° C and -25° C in the first exchanger 11 and the third exchanger 13 spring between -40° C and -55° C; Further, it has been held in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (The prior art taught carbon monoxide concentrations of “about 1-5%” while the claim was limited to “more than 5%.” The court held that “about 1-5%” allowed for concentrations slightly above 5% thus the ranges overlapped.) (MPEP § 2144.05-I); As best understood, see 112(b) rejections above).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ott (FR 2979336), hereinafter Ott in view of Townsend et al. (US Patent No. 3,443,389), hereinafter Townsend.
Regarding claim 8, Ott discloses the system of claim 1 (see the rejection of claim 1 above), further comprising the liquid carbon dioxide source (Fig. 1, feed circuit 1; Pg. 3, FIG. 1, comprises a feed circuit 1 for supplying liquid carbon dioxide).
However, Ott does not explicitly disclose wherein the liquid carbon dioxide source comprises a bulk liquid carbon dioxide storage tank.
Townsend teaches wherein the liquid carbon dioxide source comprises a bulk liquid carbon dioxide storage tank (Fig. 1, vessel 20; Col. 2, lines 43-47, FIG. 1 shows a vessel 20 in which is stored liquid carbon dioxide under pressure of, for example, 305 p.s.i.a. A pump 22 is provided for continuously circulating the liquid carbon dioxide around a closed loop comprising conduits 24, 26 and 28).
Ott fails to teach wherein the liquid carbon dioxide source comprises a bulk liquid carbon dioxide storage tank, however Townsend teaches that it is a known method in the art of dry ice production to include wherein the liquid carbon dioxide source comprises a bulk liquid carbon dioxide storage tank. This is strong evidence that modifying Ott as claimed would produce predictable results (i.e. providing a sufficient supply of liquid carbon dioxide from dry ice production). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ott by Townsend and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing a sufficient supply of liquid carbon dioxide from dry ice production.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Ott (FR 2979336), hereinafter Ott in view of Winter et al. (WO 2009056466), hereinafter Winter.
Regarding claim 14, Ott discloses the subcooler of claim 10 (see the rejection of claim 10 above).
However, Ott does not disclose wherein cooling fluid, within the cooling fluid circuit, comprises at least one of propane, ammonia, carbon dioxide, or glycol.
Winter teaches wherein cooling fluid, within the cooling fluid circuit, comprises at least one of propane, ammonia, carbon dioxide, or glycol (Pg. 11, lines 21-24, Coolants of the compression refrigerating plant which have proved to be advantageous are fluorohydrocarbons, partly halogenated fluorohydrocarbons, for example tetrafluoroethane, mixtures thereof, ammonia, carbon dioxide and hydrocarbons, for example propylene or isobutane).
Ott fails to teach wherein cooling fluid, within the cooling fluid circuit, comprises at least one of propane, ammonia, carbon dioxide, or glycol, however Winter teaches that it is a known method in the art of dry ice production to include wherein cooling fluid, within the cooling fluid circuit, comprises at least one of propane, ammonia, carbon dioxide, or glycol. This is strong evidence that modifying Ott as claimed would produce predictable results (i.e. providing a cooling fluid capable of achieving temperatures low enough to subcool liquid carbon dioxide). Accordingly, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ott by Winter and arrive at the claimed invention since all claimed elements were known in the art and one having ordinary skill in the art could have combined the elements as claimed by known methods with no changes in their respective functions and the combination would have yielded the predictable result of providing a cooling fluid capable of achieving temperatures low enough to subcool liquid carbon dioxide.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pietrucha et al. (US Patent No. 3,932,155) discloses a similar system for subcooling liquid carbon dioxide to be used for dry ice production.
Bernasconi (US 20110067438) discloses a similar system for subcooling liquid carbon dioxide to be used for dry ice production.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVON T MOORE whose telephone number is 571-272-6555. The examiner can normally be reached M-F, 7:30-5.
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/DEVON MOORE/Examiner, Art Unit 3763 February 03rd, 2026
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763