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 .
Election/Restrictions
This action is in response to applicant’s amendment received on 01/05/2026. Applicant’s election without traverse of Species A, figure 1, is acknowledged. Applicant identified claims 1-8, 12, 14, 16, 19-34 and 37 as reading on the elected species. However, claim 14 calls for a low-temperature sub-system that is not part of the elected species, and claim 16 calls for a variable frequency drive coupled to at least one of the transcritical compressors, which is part of the embodiments of non-elected species figures 5, 6 and 7. Further, claim 18 reads on the elected species although it was not identified as reading in the elected species by the Applicant in the response. Therefore, claims 9-11, 13-17 and 35-37 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species.
Claims 1-8, 12 and 18-34 have been examined and addressed on the merits in this office action.
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 1-8, 12 and 18-34 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.
Regarding claim 1, it is unclear if the “the heat exchanger” of lines 22 and 26 are the same as the “a heat exchanger system” of line 16.
For the purpose of this examination, the claim has been interpreted to mean, in line 16:
--the heat exchanger--.
Also, the claim recites the limitation “the suction input” in line 22, There is insufficient antecedent basis for these limitations in the claim.
For the purpose of this examination, the claim has been interpreted to mean, in line 22:
--a suction input--.
Regarding claim 6, the claim recites the limitation “the first inlet” in line 3, There is insufficient antecedent basis for these limitations in the claim.
For the purpose of this examination, the claim has been interpreted to mean, in line 3:
--the first side--.
Regarding claim 18, it is unclear if the “the heat exchanger” of line 24 is the same as the “a heat exchanger system” of line 17.
For the purpose of this examination, the claim has been interpreted to mean, in line 17:
--the heat exchanger--.
Also, the claim recites the limitation “the second side input” in line 20, and “the suction input” in line 25. There is insufficient antecedent basis for these limitations in the claim.
For the purpose of this examination, the claim has been interpreted to mean, in lines 20 and 25, respectively:
--the second side inlet-- and –a suction input--.
In line 21, the term “substantially” is a relative term which renders the claim indefinite. The term 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. Specifically, it is unclear what amount/extend of the operating pressure would necessary constitute “substantially”. Absent a standard for determining, the metes and bounds of the limitation “substantially the same operating pressure” is unclear as currently present.
For the purpose of this examination, the claim has been interpreted to mean, in line 21:
--the same operating pressure--.
Regarding claim 22, the claim recites the limitation “the gas bypass valve” in line 11. There is insufficient antecedent basis for this limitation in the claim.
For the purpose of this examination, the claim has been interpreted to mean, in line 11:
--a gas bypass valve--.
Regarding claims 2-5, 7-8, 12, 19-21 and 23-34, the claims are rejected by virtue of their dependency on claims 1, 18 and 22.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102:
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 1-7, 12, 22-28 and 30-34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Newel et al. (US 2019/0368786, herein “Newel”).
Regarding clam 1, Newel discloses:
a transcritical refrigeration system (fig. 5) [par. 0039], comprising:
a gas cooler/condenser (2) (fig. 5);
a receiver (6) configured to collect refrigerant produced by the refrigeration system and comprising a first outlet (at 16) through which the gas refrigerant exits the receiver and a second outlet (at 15) through which liquid refrigerant exits the receiver (6) (fig. 5) [par. 0036];
a gas bypass valve (8) fluidly coupled to the second outlet (at 15) of the receiver (6) and operable to control a pressure of the refrigerant in the receiver (6) by controlling a flow of the gas refrigerant from the receiver (6) through the gas bypass valve (8) (fig. 5) [par. 0045];
a medium temperature subsystem (10) (fig. 5) [par. 0033], comprising:
one or more expansion valves (11) (fig. 5);
one or more medium temperature evaporators (12), at least one of the medium temperature evaporators (12) comprising a medium temperature evaporator outlet (at channel 13) (seen in fig. 5); and
a suction group (compressors 14) comprising one or more transcritical compressors (14) operable to compress gas refrigerant and discharge the compressed gas refrigerant into a discharge line (at A) (fig. 5); and
a superheat control system [par. 0082], comprising:
a heat exchanger (65) comprising a first side configured to carry gas refrigerant passing between the gas cooler/condenser (2) and an inlet of the receiver (6), and a second side in heat transfer communication with the first side (see annotated fig. 5-NEWEL, below); and
a valve system comprising one or more valves (64), the valve system configured to circulate gas refrigerant from the medium temperature evaporator outlet (at channel 13) of at least one of the medium temperature evaporators (12) (it is noted, the refrigerant flowing through channel 7 is fluidly coupled to the medium temperature evaporator outlet -at channel 13) such that at least a portion of the gas refrigerant passes through the second side of the heat exchanger (65) and to the suction input of at least one of the one or more transcritical compressors (14) of the suction group (compressors 14) (see annotated fig. 5-NEWEL, below); and
a controller [par. 0011] configured to perform operations comprising modulating at least one of the one or more valves (64) of the valve system to control a flow of gas refrigerant from the evaporator outlet (at channel 13) to the second side of the heat exchanger (65) based on one or more characteristics (temperature, for instance) of refrigerant in the refrigeration system [par. 0011 and 0082].
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Regarding clam 2, Newel discloses:
the operations comprise controlling a superheat of the refrigerant to at least one of the one or more transcritical compressors (14) [par. 0013].
Regarding clam 3, Newel discloses:
the operations comprise controlling a flow of refrigerant through the second side of the heat exchanger (65) to superheat at least a portion of the refrigerant circulating through the second side of the heat exchanger (65) (see annotated fig. 5-NEWEL, page 5) [par. 0013].
Regarding clam 4, Newel discloses:
the operations comprise controlling a flow of refrigerant through the second side of the heat exchanger (65) based on one or more characteristics (temperature, for instance) of refrigerant in the refrigeration system [par. 0011 and 0013].
Regarding clam 6, Newel discloses:
comprising a junction between the evaporator outlet (at channel 13) and an outlet of the gas bypass valve (8) between the evaporator outlet and the first side of the heat exchanger (65) (see annotated fig. 5-NEWEL, page 5), wherein the heat exchanger (65) is configured to receive a mixture of refrigerant from the outlet of the gas bypass valve (8) and the at least one evaporator outlet (at channel 13) (see annotated fig. 5-NEWEL, page 5).
Regarding clam 7, Newel discloses:
an outlet of the gas bypass valve (8) is fluidly coupled to the suction input of at least one of the transcritical compressors (14) (fig. 5).
Regarding clam 12, Newel discloses:
the refrigerant comprising carbon dioxide [par. 0002 and 0033].
Regarding clam 22, Newel discloses:
a method of operating a transcritical refrigeration system (fig. 5) [par. 0039], comprising:
compressing a refrigerant in one in one or more transcritical compressors (14) in a suction group of the transcritical refrigeration system (fig. 5);
circulating the refrigerant from an outlet (at A) of at least one of the one or more transcritical compressors (14) through a gas cooler/condenser (2) (fig. 5);
circulating the refrigerant from an outlet of gas cooler/condenser (2) through a first side of a heat exchanger (65) (see annotated fig. 5-NEWEL, page 5);
collecting a portion of the refrigerant from an outlet of the first side of the heat exchanger (65) into a receiver (6) (see annotated fig. 5-NEWEL, page 5);
controlling a pressure of the refrigerant in the receiver (6) by controlling a flow of gas refrigerant from the receiver (6) through the gas bypass valve (8) (fig. 5) [0045 as it applies to the embodiment of fig. 5, and par. 0081];
circulating liquid refrigerant from the receiver (6) through one or more evaporators (12) in a cooling subsystem (10) of the refrigeration system (fig. 5);
circulating the refrigerant from an evaporator outlet (at channel 13) of at least one of the evaporators (12) through a second side of the heat exchanger (65) (it is noted, the refrigerant flowing through channel 7 is fluidly coupled to the medium temperature evaporator outlet -at channel 13) such that heat is transferred from the refrigerant in the first side of the heat exchanger (65) to refrigerant in the second side of the heat exchanger (65) (see annotated fig. 5-NEWEL, page 5); and
circulating at least a portion of the refrigerant from the second side of the heat exchanger (65) to a suction input of at least one of the one or more transcritical compressors (14) (through channels 7 and 66, for instance) (see annotated fig. 5-NEWEL, page 5).
Regarding clam 23, Newel discloses:
the cooling subsystem (10) being a medium temperature subsystem (10) [par. 0033].
Regarding clam 24, Newel discloses:
controlling a flow of refrigerant through the second side of the heat exchanger (65) to superheat at least a portion of the refrigerant circulating through the second side of the heat exchanger (65) (see annotated fig. 5-NEWEL, page 5) [par. 0013].
Regarding clam 25, Newel discloses:
controlling a flow of refrigerant through the second side of the heat exchanger (65) based on one or more characteristics (temperature, for instance) of refrigerant in the refrigeration system [par. 0011 and 0013].
Regarding clam 26, Newel discloses:
controlling the flow of refrigerant through the second side of the heat exchanger (65) comprises modulating a valve system (64) to modulate a flow of refrigerant through the second side of the heat exchanger (65) (see annotated fig. 5-NEWEL, page 5) [par. 0082].
Regarding clam 27, Newel discloses:
controlling the flow of refrigerant through the second side of the heat exchanger (65) comprises modulating a three-way valve (64) to modulate a flow of refrigerant through the second side of the heat exchanger (65) (see annotated fig. 5-NEWEL, page 5) [par. 0082].
Regarding clam 28, Newel discloses:
controlling a flow of refrigerant through the second side of the heat exchanger (65) comprises modulating a valve system (64) to maintain a setpoint of one or more characteristics (temperature, for instance) of refrigerant between the second side of the heat exchanger (65) and the suction input (see annotated fig. 5-NEWEL, page 5) [par. 0011 and 0013].
Regarding clam 30, Newel discloses:
controlling a flow of refrigerant through the second side of the heat exchanger (65) based at least in part on a measured temperature of refrigerant in the refrigeration system (see annotated fig. 5-NEWEL, page 5) [par. 0011 and 0013].
Regarding clam 31, Newel discloses:
controlling a flow of refrigerant through the second side of the heat exchanger (65) based at least in part on a measured pressure of refrigerant in the refrigeration system [par. 0035, as it applies to the embodiment of fig. 5].
Regarding clam 32, Newel discloses:
mixing refrigerant (at “junction” seen in annotated fig. 5-NEWEL, page 5) from an output of the gas bypass valve (8) with the refrigerant from the evaporator output (at channel 13), and circulating at least a portion of the mixed refrigerant through the second side of the heat exchanger (65) (see annotated fig. 5-NEWEL, page 5).
Regarding clam 33, Newel discloses:
controlling the flow through the second side of the heat exchanger (65) at least in part by modulating the gas bypass valve (8) (see annotated fig. 5-NEWEL, page 5) [0045 as it applies to the embodiment of fig. 5, and par. 0081];
Regarding clam 34, Newel discloses:
the refrigerant comprises carbon dioxide [par. 0002 and 0033].
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103:
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 5, 18-21 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Newels.
Regarding clam 5, Newel does not specifically disclose:
the operations comprising:
determining whether one or more first operating parameters are within a first operating range; and
in response to a determination that the one or more first operating parameters are within the first operating range, modulating at least one of the one or more valves (64) of the valve system to control a flow of gas refrigerant from the evaporator outlet (at channel 13) to the second side of the heat exchanger (65).
However, Newel alludes to the control valve (64) being operated to regulate the flow of refrigerant vapor from the receiver (6) into the heat exchanger (65). It is old and known in the art that control valves associated to the operation of heat exchangers are operated based on temperature or pressure of the refrigerant as a matter of an obvious design choice for the purpose of optimizing performance of the system. In Newel’s case, control valve (64) can be operated to control the amount of refrigerant routed to the heat exchanger (65) or bypassing heat exchanger (65) [par. 0082] based on a temperature operating range.
Regarding clam 18, Newel discloses:
a transcritical refrigeration system (fig. 5) [par. 0039], comprising:
a gas cooler/condenser (2) (fig. 5);
a receiver (6) configured to collect refrigerant produced by the refrigeration system and comprising a receiver outlet (at 16) through which the gas refrigerant exits the receiver (6) (fig. 5);
a high-pressure control valve (4, character number seen in fig. 1) configured to control a flow of refrigerant from the cooler/condenser (2) to the receiver (6) (fig. 5) [par. 0035];
a gas bypass valve (8) fluidly coupled to the receiver outlet (at 15) and operable to control a pressure of the refrigerant in the receiver (6) by controlling a flow of the gas refrigerant from the receiver (6) through the gas bypass valve (8) (fig. 5) [par. 0045];
a cooling subsystem (10) (fig. 5) [par. 0033], comprising:
one or more expansion valves (11) (fig. 5);
one or more evaporators (12), at least one of the one or more evaporators (12) comprising an evaporator outlet (at channel 13) (seen in fig. 5); and
a suction group comprising one or more transcritical compressors (14) operable to compress gas refrigerant and discharge the compressed gas refrigerant into a discharge line (at A) (fig. 5);
a superheat control system [par. 0082], comprising:
a heat exchanger (65) comprising a first side configured to carry gas refrigerant passing between the gas cooler/condenser (2) and an inlet of the high-pressure control valve (4); and a second side in heat transfer communication with the first side and comprising a second side inlet and a second side outlet, the second side input in being in fluid communication with, and at the same operating pressure as, the evaporator outlet (at channel 13) of at least one the evaporators (12) (see annotated fig. 5-NEWEL, page 5);
a valve system comprising one or more valves (64), the valve system configured to route gas refrigerant from the evaporator outlet of the at least one evaporator (12) (it is noted, the refrigerant flowing through channel 7 is fluidly coupled to the medium temperature evaporator outlet -at channel 13) such that at least a portion of the gas refrigerant from the evaporator outlet (at channel 13) passes through the second side of the heat exchanger (65) and to the suction input of at least one of the one or more transcritical compressors (14) of the suction group (see annotated fig. 5-NEWEL, page 5); and
a controller [par. 0011] configured to perform operations comprising:
modulating at least one of the one or more valves (64) of the valve system to control a flow of gas refrigerant from the evaporator outlet (at channel 13) to the inlet of the second side [par. 0011 and 0082].
Newel does not specifically disclose:
the operations comprising:
determining whether one or more first operating parameters are within a first operating range; and in response to a determination that the one or more first operating parameters are within the first operating range, modulating at least one of the one or more valves (64) of the valve system to control a flow of gas refrigerant.
However, Newel alludes to the control valve (64) being operated to regulate the flow of refrigerant vapor from the receiver (6) into the heat exchanger (65). It is old and known in the art that control valves associated to the operation of heat exchangers are operated based on temperature or pressure of the refrigerant as a matter of an obvious design choice for the purpose of optimizing performance of the system. In Newel’s case, control valve (64) can be operated to control the amount of refrigerant routed to the heat exchanger (65) or bypassing heat exchanger (65) [par. 0082] based on a temperature operating range.
Regarding clam 19, Newel discloses:
the operations comprising controlling a superheat of refrigerant to at least one of the one or more transcritical compressors (14) [par. 0013].
Regarding clam 20, Newel discloses:
the cooling system (10) comprising a medium temperature subsystem (10) [par. 0033].
Regarding clam 21, Newel discloses:
the refrigerant comprising carbon dioxide [par. 0002 and 0033].
Regarding clam 29, Newel does not specifically disclose:
measuring a temperature of refrigerant between an output of the second side of the heat exchanger (65) and the suction input of the one or more transcritical compressors (14),
wherein the flow of refrigerant through the second side of the heat exchanger (65) is controlled at least in part based on the measured temperature.
However, it is old and known in the art to monitor or control the suction temperature of the refrigerant in order to protect and optimize performance of the compressors. It is known in the art that overheated refrigerant reduces performance of the compressor while liquid refrigerant entering the compressor would damage the compressor. Further, a controlled suction temperature of the refrigerant optimizes refrigerant superheat and cooling capacity of the system. It would have been obvious to one of skill in the art, before the effective filing date of the claimed invention, to incorporate into Newel a temperature sensor along channel F to monitor or control the suction temperature of the refrigerant and the flow of refrigerant through the second side of the heat exchanger (using also control valve 64), in order to optimize performance of the system.
Allowable Subject Matter
Claim 8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUSTAVO A HINCAPIE SERNA whose telephone number is (571)272-6018. The examiner can normally be reached 9am-5:30pm.
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/GUSTAVO A HINCAPIE SERNA/Examiner, Art Unit 3763
/LEN TRAN/ Supervisory Patent Examiner, Art Unit 3763