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 .
PNG
media_image1.png
372
444
media_image1.png
Greyscale
PNG
media_image2.png
380
456
media_image2.png
Greyscale
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.
Claims 1, 3-6, 8-11, and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over US Publication No 2021/0364206 A1 to Luo et al. in view of WIPO Publication No. 97/41398 A1 to Rafalovich et al., a copy of which was provided with the Non-Final Rejection of 28 November 2025.
Luo teaches limitations from claim 1 in fig. 2, shown above, a valve system for use with a compressor (111), an indoor heat exchange coil (30), and an outdoor heat exchange coil (20), the valve system comprising:
a first reversible valve (41); and
a second reversible valve (42); and
a refrigerant conduit (extending from the port D1 of the first valve 41 to the port A2 of the valve 42);
wherein, when the valve system is in a heating mode (shown in fig. 2) and when the valve system is in a cooling mode (shown in fig. 4), the first reversible valve (41) is configured to receive heated refrigerant directly from the compressor (111, at the port A1 to the valve 41 as shown in fig. 2),
wherein, when the valve system is in a heating mode (shown in fig. 2) and when the valve system is in a cooling mode (shown in fig. 4), the second reversible valve (42) is configured to provide cooled refrigerant … to the compressor (111, through the port C2 and through the liquid separator 12 as shown in fig. 2),
wherein, when the valve system is in the heating mode (shown in fig. 2), the first reversible valve (41) is configured to provide the heated refrigerant (received from the compressor 111) to the indoor heat exchange coil (30, through the port B1 as shown in fig. 2),
wherein, when the valve system is in the heating mode (shown in fig. 2), the second reversible valve (42) is configured to receive the cooled refrigerant from the outdoor heat exchange coil (20, at port D2),
wherein, when the valve system is in the cooling mode (shown in fig. 4), the first reversible valve (41) is configured to provide the heated refrigerant … to the second reversible valve (42) via the refrigerant conduit (from the port D1 of the first valve 41 to the port A2 of the second valve 42); and
wherein, when the valve system is in the cooling mode (shown in fig. 4), the second reversible valve (42) is configured to provide the heated refrigerant directly to the outdoor heat exchanger (20, through the port C2).
Luo does not teach the limitations added to claim 1 by amendment regarding the first and second valves being coupled to provide refrigerant to and receive refrigerant from each other and the compressor “directly”. Rafalovich teaches in fig. 1, shown below, a heat pump system (10) in which a compressor (1) is coupled to first and second reversing valves (3 and 7) so that refrigerant flowing both between these valves (via the passage 25 shown in fig. 1) or flowing from one of these valves into or out of the compressor (via the conduits 33 and 21, respectively) does so directly without passing through additional elements of the refrigeration system (i.e. the separator 12 and heat accumulator 50 and valve 70 of Luo).
PNG
media_image3.png
710
452
media_image3.png
Greyscale
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify Luo with the direct refrigerant connections taught by Rafalovich in order to provide a system of simplified construction and reduced cost by removing features which may be unnecessary or undesirable in some installations and because MPEP 2144.04 Legal Precedent as Source of Supporting Rationale teaches in subsection (II)(A) that “Omission of an Element and Its Function Is Obvious if the Function of the Element Is Not Desired”, including the removal of elements (the heat accumulator 50 and valve 70) between the valves (41 and 42) of Luo or of the separator (12) between the valves and the compressor (11) and the functions these elements as presented in the system of Luo, providing the direct conduits taught by Rafalovich. See MPEP 2144.04(II)(A), Ex parte Wu, 10 USPQ 2031 (Bd. Pat. App. & Inter. 1989), In re Larson, 340 F.2d 965, 144 USPQ 347 (CCPA 1965), and In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Luo teaches limitations from claim 3 in figs. 2 and 4, shown above, the valve system of claim 1,
wherein the first reversible valve (41) includes a first reversible valve port (A1), a second reversible valve port (D1), and a third reversible valve port (B1),
wherein the second reversible valve (42) includes a first reversible valve port (A2), a second reversible valve port (D2), a third reversible valve port (C2), and a fourth reversible valve port (B2),
wherein the first reversible valve port (A1) of the first reversible valve (41) is configured to receive the heated refrigerant from the compressor (111, as shown in figs. 2 and 4), and
wherein the third reversible valve port (C2) of the second reversible valve (42) is configured to provide cooled refrigerant to the compressor (111, through the separator 12 as shown in fig. 2).
Luo teaches limitations from claim 4 in fig. 2, shown above, the valve system of claim 3,
wherein, when the valve system is in the heating mode (shown in in fig. 2), the fourth reversible valve port (B1) of the first reversible valve (41) is configured to provide the heated refrigerant (received from the compressor 111) to the indoor heat exchange coil (30, as shown in fig. 2), and
wherein, when the valve system is in the heating mode (shown in fig. 2), the second reversible valve port (D2) of the second reversible valve (42) is configured to receive the cooled refrigerant from the outdoor heat exchange coil (20, as shown in fig. 2).
Luo teaches limitations from claim 5 in fig. 4, shown above, the valve system of claim 3,
wherein, when the valve system is in the cooling mode (shown in fig. 4), the second reversible valve port (D1) of the first reversible valve (41) is configured to provide the heated refrigerant (received from the compressor 111) to the first reversible valve port (A2) of the second reversible valve (42) via the refrigerant conduit (between port D1 of the first valve 41 and port A2 of the second valve 42),
wherein, when the valve system is in the cooling mode (shown in fig. 4), the second reversible valve port (D2) of the second reversible valve (42) is configured to provide the heated refrigerant to the outdoor heat exchange coil (20, as shown in fig. 4),
wherein, when the valve system is in the cooling mode (shown in fig. 4), the fourth reversible valve port (B2) of the second reversible valve (42) is configured to receive the cooled refrigerant from the indoor heat exchange coil (30, as shown in fig. 4).
Regarding the teachings of the refrigerant provided from the first valve (41) to the second valve (42) being provided “directly”, refer to the above rejection of claim 1.
Luo teaches limitations from claim 6 in fig. 2, shown above, a method of configuring a valve system for use with a compressor (111), an indoor heat exchange coil (30), and an outdoor heat exchange coil (30), the method comprising:
Providing a first reversible valve (41), a second reversible valve (42), and a refrigerant conduit extending from the first reversible valve to the second reversible valve (extending from the port D1 of the first valve 41 to the port A2 of the valve 42);
configuring, when the valve system is in a heating mode (shown in fig. 2) and when the valve system is in a cooling mode (shown in fig. 4), the first reversible valve (41) to receive heated refrigerant from the compressor (111, at the port A1 of the valve 41 as shown in fig. 2);
configuring, when the valve system is in a heating mode (shown in fig. 2) and when the valve system is in a cooling mode (shown in fig. 4), the second reversible valve (42) to provide cooled refrigerant to the compressor (111, through the port C2 and through the liquid separator 12 as shown in fig. 2);
configuring, when the valve system is in the heating mode (illustrated in fig. 2), the first reversible valve (41) to provide the heated refrigerant (received from the compressor 111) to the indoor heat exchange coil (30, through the port B1 as shown in fig. 2); and
configuring, when the valve system is in the heating mode (of fig. 2), the second reversible valve (42) to receive the cooled refrigerant from the outdoor heat exchange coil (20, at port D2),
configuring, when the valve system is in the cooling mode (shown in fig. 4), the first reversible valve (41) to provide the heated refrigerant … to the second reversible valve (42) via the refrigerant conduit (from the port D1 of the first valve 41 to the port A2 of the second valve 42); and
configuring, when the valve system is in the cooling mode (shown in fig. 4), the second reversible valve (42) to provide the heated refrigerant directly to the outdoor heat exchanger (20, through the port C2).
Luo does not teach the limitations added to claim 1 by amendment regarding the first and second valves being coupled to provide refrigerant to and receive refrigerant from each other and the compressor “directly”. Rafalovich teaches in fig. 1, shown above, a heat pump system (10) in which a compressor (1) is coupled to first and second reversing valves (3 and 7) so that refrigerant flowing both between these valves (via the passage 25 shown in fig. 1) or flowing from one of these valves into or out of the compressor (via the conduits 33 and 21, respectively) does so directly without passing through additional separators or heat exchangers (e.g. the separator 12 and heat exchanger 52 of Luo).
Luo teaches limitations from claim 8 in figs. 2 and 4, shown above, the method of claim 6, further comprising:
configuring, in the first reversible valve (41) that includes a first reversible valve port (A1), a second reversible valve port (D1), and a third reversible valve port (B1), the first reversible valve port (A1) to receive the heated refrigerant from the compressor (111, as shown in figs. 2 and 4); and
configuring, in the second reversible valve (42) that includes a first reversible valve port (A2), a second reversible valve port (D2), a third reversible valve port (C2), and a fourth reversible valve port (B2), the third reversible valve port to provide cooled refrigerant to the compressor (111, through the separator 12 as shown in fig. 2).
Luo teaches limitations from claim 9 in fig. 2, shown above, the method of claim 8, further comprising:
configuring, when the valve system is in the heating mode (illustrated in fig. 2), the third reversible valve port (B1) of the first reversible valve (41) to provide the heated refrigerant (received from the compressor 111) to the indoor heat exchange coil (30, as shown in fig. 2), and
configuring, when the valve system is in the heating mode (of fig. 2), the second reversible valve port (D2) of the second reversible valve (42) to receive the cooled refrigerant from the outdoor heat exchange coil (20, as shown in fig. 2).
Luo teaches limitations from claim 10 in fig. 4, shown above, the method of claim 8, further comprising:
configuring, when the valve system is in the cooling mode (illustrated in fig. 4), the second reversible valve port (D1) of the first reversible valve (41) to provide the heated refrigerant (received from the compressor 111) to the first reversible valve port (A2) of the second reversible valve (42, through heat accumulation device 50 as shown in fig. 4) via the refrigerant conduit (as shown);
configuring, when the valve system is in the cooling mode (of fig. 4), the second reversible valve port (D2) of the second reversible valve (42) to provide the heated refrigerant to the outdoor heat exchange coil (20, as shown in fig. 4); and
configuring, when the valve system is in the cooling mode, the fourth reversible valve port (B2) of the second reversible valve (42) to receive the cooled refrigerant from the indoor heat exchange coil (30, as shown in fig. 4).
Regarding the teachings of the refrigerant provided from the first valve (41) to the second valve (42) being provided “directly”, refer to the above rejection of claim 6.
Luo teaches limitations from claim 11, in fig. 2, shown above, a heat pump system comprising: a compressor (111);
a first heat exchange coil (30);
a second heat exchange coil (20);
a first reversible valve (41);
a second reversible valve (42);
a first refrigerant conduit (shown in figs. 2 and 4) extending from the compressor (11) to the first reversible valve (at a port A1 of the valve 41);
a second refrigerant conduit (shown in figs. 2 and 4) extending from the second reversible valve (42) to the compressor (11) (from the port C2 to the compressor 11);
a third refrigerant conduit (shown in figs. 2 and 4) extending from the first reversible valve (41 at port D1) to a second reversible valve (42 at port A2);
wherein, when the valve system is in a heating mode (shown in fig. 2) and when the valve system is in a cooling mode (shown in fig. 4), the first reversible valve (41) is configured to receive heated refrigerant from the compressor (111, at the port A1 to the valve 41 as shown in fig. 2) via the first refrigerant conduit,
wherein, when the valve system is in a heating mode (shown in fig. 2) and when the valve system is in a cooling mode (shown in fig. 4), the second reversible valve (42) is configured to provide cooled refrigerant to the compressor (111, through the port C2 and through the liquid separator 12 as shown in fig. 2) via the second refrigerant conduit,
wherein, when the heat pump system is in the heating mode (shown in fig. 2), the first reversible valve (41) is configured to provide the heated refrigerant (received from the compressor 111) to the first heat exchange coil (30, through the port B1 as shown in fig. 2),
wherein, when the heat pump system is in the heating mode (shown in fig. 2), the second reversible valve (42) is configured to receive the cooled refrigerant from the second heat exchange coil (20, at port D2),
wherein, when the valve system is in the cooling mode (shown in fig. 4), the first reversible valve (41) is configured to provide the heated refrigerant … to the second reversible valve (42) via the third refrigerant conduit (from the port D1 of the first valve 41 to the port A2 of the second valve 42); and
wherein, when the valve system is in the cooling mode (shown in fig. 4), the second reversible valve (42) is configured to provide the heated refrigerant directly to the second heat exchanger (20, through the port C2).
Luo teaches limitations from claim 13 in figs. 2 and 4, shown above, the heat pump system of claim 11,
wherein the first reversible valve (41) includes a first reversible valve port (A1), a second reversible valve port (D1), and a third reversible valve port (B1),
wherein the second reversible valve (42) includes a first reversible valve port (A2), a second reversible valve port (D2), a third reversible valve port (C2), and a fourth reversible valve port (B2),
wherein the first reversible valve port (A1) of the first reversible valve (41) is configured to receive the heated refrigerant from the compressor (111, as shown in figs. 2 and 4), and
wherein the third reversible valve port (C2) of the second reversible valve (42) is configured to provide the cooled refrigerant to the compressor (111, through the separator 12 as shown in fig. 2).
Luo teaches limitations from claim 14 in fig. 2, shown above, the heat pump system of claim 13,
wherein, when the valve system is in the heating mode (illustrated in fig. 2), the third reversible valve port (B1) of the first reversible valve (41) is configured to provide the heated refrigerant (received from the compressor 111) to the first heat exchange coil (30, as shown in fig. 2), and
wherein, when the valve system is in the heating mode (of fig. 2), the second reversible valve port (D2) of the second reversible valve (42) is configured to receive the cooled refrigerant from the second heat exchange coil (20, as shown in fig. 2).
Luo teaches limitations from claim 15, the heat pump system of claim 13,
wherein, when the valve system is in the cooling mode (illustrated in fig. 4), the second reversible valve port (D1) of the first reversible valve (41) is configured is configured to provide the heated refrigerant (received from the compressor 111) … to the first reversible valve port (A2) of the second reversible valve (42, through heat accumulation device 50 as shown in fig. 4) via the third refrigerant conduit (as shown in figs. 2 and 4),
wherein, in the cooling mode (of fig. 4), the second reversible valve port (D2) of the second reversible valve (42) is configured to provide the heated refrigerant to the second heat exchange coil (20, as shown in fig. 4),
wherein, in the cooling mode (of fig. 4), the fourth reversible valve port (B2) of the second reversible valve (42) is configured to receive the cooled refrigerant from the first heat exchange coil (30, as shown in fig. 4).
Regarding the teachings of the refrigerant provided from the first valve (41) to the second valve (42) being provided “directly”, refer to the above rejection of claim 1.
Regarding claim 16, Luo does not teach the heat pump system including a controller transmitting respective cooling control signals to each of the first and second reversible valves and the indoor and outdoor heat exchangers and the reversible valves and heat exchangers operate based on these cooling control signals. Rafalovich teaches in fig. 1B, shown above, and in pg. 17, line 13 - pg. 20, line 17, a heat pump system (10b) in which two reversing valves (3 and 7) are operated to control the system in a heating mode or a cooling mode and fans (67 and 65) are controlled to control the airflow through and heat exchange of first and second heat exchangers (5 and 8) and particularly teaches in pg. 20, lines 15-17 that a controller (19) is provided in communication with the reversing valves (3 and 7) and the fans (67 and 65) for controlling the operation of these devices. It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify Luo with the controller of Rafalovich in order to allow the operation of the system (e.g. switching between heating and cooling operations and adjusting fan speeds based on demand) to be automated in order to ensure user comfort is maintained responsive to instant operating conditions without sacrificing convenience by requiring frequent user adjustment.
Claims 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Luo and Rafalovich as applied to claims 11, 12, and 16 above, and further in view of US Publication No. 2020/0116369 A1 to Schultz et al.
PNG
media_image4.png
514
476
media_image4.png
Greyscale
Regarding claims 17 and 18, Luo teaches a heat pump system having a compressor (111), outdoor heat exchanger (20), and indoor heat exchanger (30), the flow of refrigerant through which is controlled by two four-way valves (41 and 42). Rafalovich teaches a heat pump system in which two reversing valves (3 and 7) as well as two fans (67 and 65) respectively associated with two heat exchangers (5 and 8) are controlled by a single controller (19) to perform a cooling operation. Regarding claim 18, Luo as modified by Rafalovich and discussed above, teaches the first and second reversible valves (41 and 42 of Luo and equivalent valves 3 and 7 of Rafalovich) and first and second heat exchange coils (5 and 8, by way of the fan 67 and 65 of Rafalovich) to operate in a heating mode based on the command signals output by the controller (19 of Rafalovich) (as taught in Rafalovich’s pg. 17, line 3 - pg. 8, line 8, and pg. 20, lines 15-17.
Neither Luo nor Rafalovich teaches the system including both a thermostat which outputs a cooling mode signal to the controller and the controller which transmits respective signals to control the first and second four-way valves and the heat exchangers as taught in claim 17, or the thermostat outputting a heating mode signal to the controller and the controller which transmits respective signals to control the first and second four-way valves and the heat exchangers as taught in claim 18. Schultz teaches in fig. 1, shown above, an HVAC system and controller in which a thermostat (18, ¶ 48) is provided in communication with an equipment interface module (EIM) (34) operable for “controlling the HVAC under the direction of the thermostat” (equivalent to the controller 19 of Rafalovich which transmits signals to the components of the heat pump 10b produce heating or cooling operations) as taught in claim 17, and further teaches in ¶ 84 that the system of his invention is operable to switch, under direction of the thermostat 118, between heat and cool modes, outputting signals to control the system according to the current mode as taught claim 18. It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify the system of Luo as modified by Rafalovich to further include the thermostat directing control by the EIM/controller as taught by Schultz in order to allow a simple and user-friendly thermostat requiring only a connection to the controller to be installed in the occupied space of the building to be conditioned (as taught in ¶ 84 of Schultz) while keeping the more complex structure of the controller itself with a plurality of connected sensors and communication with HVAC components in a less conspicuous location.
PNG
media_image5.png
360
206
media_image5.png
Greyscale
Luo as modified by Schultz teaches limitations from claim 19, teaches in fig. 14A of Schultz, shown above, the heat pump system of claim 17, wherein the thermostat (for which screen 240 is shown in fig. 14A) comprises a user interface (shown in fig. 14A) configured to enable a user to set a first temperature associated with the cooling mode (the “cool to” temperature set point icon 244) and to set a second temperature associated with the heating mode (the “heat to” temperature set point icon 242) (as taught in ¶ 97 of Schultz).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Luo and Rafalovich as applied to claim 11 and further in view of US Publication No. 2011/0120161 A1 to Hayashi et al.
PNG
media_image6.png
359
680
media_image6.png
Greyscale
Luo teaches limitations from claim 20 in fig. 2x, a version of Luo’s fig. 2 which has been annotated by the examiner and which is shown above, the heat pump system of claim 11 further comprising:
a first expansion valve (not numbered by Luo but shown in fig. 2 and identified in annotated fig. 2x) disposed between the first heat exchange coil (30) and the second heat exchange coil (20) (as shown in figs. 2x); and
a second expansion valve (not numbered by Luo but shown in fig. 2 and identified in annotated fig. 2x) disposed between the first expansion valve (as shown) and the second heat exchange coil (20) (as shown in figs. 2x).
Luo does not teach these valves being controlled so that, in each of the heating mode and the cooling mode, a respective one of the valves is configured to assume a fully open position while the other valve operates to reduce the pressure of refrigerant flowing between the two heat exchangers. Hayashi teaches in fig. 1, shown below, a heat pump refrigeration system having an outdoor heat exchanger (20), an indoor heat exchanger (30), and first and second expansion valves (101 and 102) serially arranged between the heat exchangers (as shown in fig. 1). Regarding the control of these valves, Hayashi teaches in ¶ 48 that “Namely, in the cooling mode, the first expansion valve 101 is in the fully open state, and the second expansion valve 102 is in the semi-closed state. Further, in the heating mode, the second expansion valve 102 is in the fully open state, and the first expansion valve 101 is in the semi-closed state.”
PNG
media_image7.png
476
596
media_image7.png
Greyscale
It would have been obvious to one of ordinary skill in the art before the application was effectively filed to modify Luo with the serial expansion valve control taught by Hayashi in order to allow the placement of an expansion valve relevant to each of the indoor and outdoor heat exchanger to be optimized regardless of the relative positions of these valves, without causing undesired pressure loss of expanded refrigerant travelling through a long length of piping as taught in ¶¶ 6-7 of Hayashi.
Allowable Subject Matter
Claims 2, 7, and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Specifically, each of claims 2, 7, and 12 teaches that the first reversible valve is a three-way valve and the second reversible valve is a four-way valve. Neither Luo nor any of the other prior art of record teaches a system presenting the connections and refrigerant flow of the independent claims 1, 6, and 11 (upon which claims 2, 7, and 12 respectively depend) with the use of one three-way valve and one four-way valve recited by the dependent claims.
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues on pp. 12-13 of the reply that the amendments made to the claim 5, to figures 1-4 of the drawings, and to the abstract of the disclosure overcome the objections to these elements set forth in the Non-Final Rejection of 28 November 2025.
In response, examiner agrees and these objections have been withdrawn.
Applicant further argues on pg. 13 of the reply that the amendment to the preamble of independent claim 6 overcomes the rejection of this claim under 35 U.S.C. 112(b) as being indefinite set forth in the Non-Final rejection by clarifying the relationship between the valve system and the compressor and heat exchange coils to establish that the valve system is usable with but does not itself include these components.
In response, examiner agrees and the rejection of claim 6 and the claims depending therefrom under 35 U.S.C. 112(b) has been withdrawn.
Applicant argues on pp. 13-16 that the amendments to independent claim 1 overcome the rejection of this claim as being anticipated by the teachings of Luo as set forth in the Non-Final Rejection. Specifically, on pg. 15 of the response (following a summary of the rejection and reproduction of figs. 2 and 4 of Luo on pp. 13-14) applicant argues that (with formatting and section labeled added by the examiner for clarity):
Luo does not appear to disclose or teach the features of
"a first reversible valve;"
"a second reversible valve;" and
"a refrigerant conduit extending from the first reversible valve to the second reversible valve;"
"wherein, when the valve system is in the heating mode and when the valve system is in the cooling mode, the second reversible valve is configured to provide cooled refrigerant directly to the compressor," and
"wherein, when the valve system is in the cooling mode, the first reversible valve is configured to provide the heated refrigerant directly to the second reversible valve via the refrigerant conduit,"
in combination with the remaining features of amended claim 1.”
Applicant further argues that the connections taught by Luo between the valves 41 and 42 and between these the compressor 11 and these valves are not made “directly” as claimed, noting the presence of the separator 12 between the valve 42 and the compressor inlet and the heat accumulation device (50) and throttling device (70) disposed between the two valves (all shown in figs. 2 and 4).
Regarding features A, B, and C, applicant does appear to provide further explanation or reasoning for the assertion that “Luo does not appear to disclose or teach the features of ‘a first reversible valve,’ ‘a second reversible valve,’ and ‘a refrigerant conduit extending from the first reversible valve to the second reversible valve’” in the first paragraph of pg. 16. Luo teaches the valves 41 and 42 of his invention as “four-way valves” (¶ 37) and teaches the direction of flow among components of the system to be switched by switching these valves (¶ 38) thus clearly identifying these four-way valves as “reversible valves” and further teaches the refrigerant passage on which the heat accumulation device 50 is disposed to connect between port D1 of the first valve 41 and port A2 of the second valve, teaching the claimed conduit (¶ 38). For this reason, the assertion that Luo does not teach these feature is not found to be persuasive.
Regarding the features D and E and particularly the recitation of the refrigerant passing “directly” between elements as recited in these features, examiner agrees with the characterization of the structure of Luo, including that the liquid separator 12 disposed between the valve 42 and the compressor 11 prevents refrigerant being provided directly from the valve to the compressor (feature D), and that the heat accumulation system 50 and throttling valve 70 disposed between the valves 41 and 42 prevent refrigerant from the first valve being provided directly to the second. For this reason, the rejection of the claim as being anticipated by Luo is withdrawn.
Attention is directed however to the new grounds of rejection of claim 1 in which Luo is relied upon in combination with Rafalovich which teaches such direct connections both between reversing valves and between a compressor and a number of reversing valve ports in a heat pump system. Further, it is noted that MPEP 2144.04 Legal Precedent as Source of Supporting Rationale teaches in subsection (II)(A) that “Omission of an Element and Its Function Is Obvious if the Function of the Element Is Not Desired” so that the removal of the separator 12, heat accumulation system 50, and throttling valve 70 from the system of Luo to provide such direct communication where these elements are not desired would be a matter of obvious design choice for one of ordinary skill in the art.
Applicant argues on pp. 16-17 that independent claims 6 and 11 are allowable over the teachings of Luo for the same reasons set forth with regard to claim 1.
In response, examiner notes that both of these claims are now rejected over Luo in view of Rafalovich, including the citation of the MPEP and of case law regarding the omission of elements and attention is directed to these new grounds of rejection.
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 DANIEL C COMINGS whose telephone number is (571)270-7385. The examiner can normally be reached Monday - Friday, 8:30 AM to 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry-Daryl Fletcher can be reached at (571)270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANIEL C COMINGS/ Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/ Supervisory Patent Examiner, Art Unit 3763
Prosecution Insights