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 .
Response to Arguments
Applicant’s arguments, filed with respect to the specification amendments, claim objections, and 112(b) rejections pertaining to the heat exchanger naming have been fully considered and are persuasive in view of the amendment. Accordingly, the claim objections and rejections under 35 U.S.C. 112(b) pertaining to the naming of the heat exchanger have been withdrawn.
Examiner notes that Applicant’s amendment has not addressed several of the rejections under 35 U.S.C. 112(b), nor have Applicant’s arguments traversed these rejections. Regarding the temperature and humidity / dew point temperature, Examiner notes that there is a disconnect regarding how the dew point temperature is obtained within the claim. Regarding the two different configurations, claim 5 does not specify one of the optional configurations before further limiting as if the configuration was required. Accordingly, except where overcome by amendment, the rejections under 35 U.S.C. 112(b) have been maintained below.
Applicant's arguments filed with respect to the prior art rejections have been fully considered but they are not persuasive. Applicant’s arguments are directed to functional differences between the prior art and the claimed invention. Applicant is reminded that "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987) (The preamble of claim 1 recited that the apparatus was "for mixing flowing developer material" and the body of the claim recited "means for mixing ..., said mixing means being stationary and completely submerged in the developer material." The claim was rejected over a reference which taught all the structural limitations of the claim for the intended use of mixing flowing developer. However, the mixer was only partially submerged in the developer material. The Board held that the amount of submersion is immaterial to the structure of the mixer and thus the claim was properly rejected.). Applicant should argue about how the prior art fails to meet the structural recitations of the claimed invention and consider amending “or” recitations to require one configuration or the other as needed to overcome the prior art.
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.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors. Examiner has attempted to provide a complete list of deficiencies, but Applicant’s attention to correcting error(s) that Examiner has not specifically called out is appreciated.
Claims 1, and 3-10 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.
Claim 1 recites the limitations “said indoor heat exchanger is in fluid communication with said water distribution and collection device after being connected with said dehumidifier with adjustable temperature in series or said indoor heat exchanger and said dehumidifier with adjustable temperature are respectively connected with said water distribution and collection device, and in which said dehumidifier with adjustable temperature works following said supply cooling/heating circulation system.” It is unclear what structural limitation is intended by “following”. Clarification is requested. Examiner has attempted to apply prior art to the claim(s) as best they could be understood as presented. Claims 3-10 are rejected insofar as they are dependent on claim 1 and therefore include the same error(s).
Claim 5 is 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.
Claim 5 does not appear to be compatible with the option “or said indoor heat exchanger and said dehumidifier with adjustable temperature are respectively connected with said water distribution and collection device” from claim 1.
Claim 7 is 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.
Claim 7 recites the limitation “an indoor temperature and humidity controller is provided in the room in which said main controller is connected respectively to said compressor, said supply cooling/heating temperature sensor and said indoor temperature and humidity controller”. This limitation cannot be understood as presented. Also, as currently written, it appears that the indoor temperature and humidity controller must be in the room that the main controller is connected to each of the components said compressor, said supply cooling/heating temperature sensor and said indoor temperature and humidity controller. It is believed that Applicant is intending for the indoor temperature and humidity controller to be in the room with the indoor heat exchanger. Claim 7 recites the limitation “wherein said indoor temperature and humidity controller is used to obtain the indoor temperature and humidity signal or dew point temperature”, which limitation requires either the indoor temperature and humidity signal OR the dew point temperature. Claim 7 then recites “and send said temperature and humidity signal to said main controller, and said main controller is used to obtain said indoor dew point temperature based on said temperature and humidity signal”, which appears to require the temperature and humidity signal. It is believed that Applicant intended to carry on the option throughout the claim. Examiner has attempted to apply prior art to the claim as best it could be understood as presented.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3, 5, 8, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hikone et al. (US 2019/0353401: cited by Applicant) in view of Tang et al. (CN 103629755: cited by Applicant: cited by Examiner with English translation).
Regarding claim 1, Hikone et al. discloses a heat pump air conditioner with a dehumidifying function, comprising a heat pump host (see at least refrigeration cycle apparatus #1), a supply cooling/heating circulation system (see at least loop with #20/#22), an indoor heat exchanger (see at least heat exchanger #61),
wherein said heat pump host comprises a compressor (see at least compressor #11), a first heat exchanger (see at least heat exchanger #12), a fan (see at least fan #13), a first half of a dual-flow-channel heat exchanger (see at least top half of heat exchanger #15), a four-way valve (see at least valve #16) and an expansion valve (see at least valve #14), and said supply cooling/heating circulation system comprises a supply cooling/heating pipeline (see at least #34/#35/#55), a return cooling/heating pipeline (see at least #52/#51/#54), a second half of the dual-flow-channel heat exchanger (see at least bottom half of heat exchanger #15), a water distribution and collection device (see at least tank #33) and a circulating water pump (see at least pump #21), in which said first and second halves of the dual-flow-channel heat exchangers are coupled into said dual-flow-channel heat exchanger (see at least totality of #15), and said indoor heat exchanger is in fluid communication with said water distribution and collection device (see at least #61 in fluid communication with #33).
Hikone et al. does not disclose and a dehumidifier with adjustable temperature located in a room; nor that the indoor heat exchanger is connected first with said dehumidifier with adjustable temperature in series and then in fluid communication with said water distribution and collection device after being connected or said indoor heat exchanger and said dehumidifier with adjustable temperature are respectively connected with said water distribution and collection device, and in which said dehumidifier with adjustable temperature works following said supply cooling/heating circulation system.
Tang et al. teaches another heat pump air conditioner with a dehumidifying function with an indoor heat exchanger (see at least heat exchanger #2) and a dehumidifier with adjustable temperature located in a room (see at least loop with #1/#2/#3/#4/#5/#6/#7) within shell #8 having air outlet #13 into the room), the indoor heat exchanger is connected first with said dehumidifier with adjustable temperature in series and then in fluid communication with said water distribution and collection device after being connected or said indoor heat exchanger and said dehumidifier with adjustable temperature are respectively connected with said water distribution and collection device, and in which said dehumidifier with adjustable temperature works following said supply cooling/heating circulation system (see at least heat exchanger #2 connected in series with the remaining components of the dehumidifier and in fluid communication with the water loop (corresponding to the water distribution and collection device)),
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the heat pump air conditioner with a dehumidifying function of Hikone et al. with a dehumidifier with adjustable temperature located in a room; and with the indoor heat exchanger is connected first with said dehumidifier with adjustable temperature in series and then in fluid communication with said water distribution and collection device after being connected or said indoor heat exchanger and said dehumidifier with adjustable temperature are respectively connected with said water distribution and collection device, and in which said dehumidifier with adjustable temperature works following said supply cooling/heating circulation system, as taught by Tang et al., to improve the system of Hikone et al. by allowing for a multifunctional air conditioner/dehumidifier capable of operation during energy shortage and/or during season change (see at least Tang et al. paragraph [0004]).
The combination of Hikone et al. and Tang et al. further discloses and in which said dehumidifier with adjustable temperature works following said supply cooling/heating circulation system (since the dehumidifier of Tang is the last component in contact with the air, it is presumed capable of acting following the supply cooling/heating circulation system of the primary reference).
Hikone et al. as modified by Tang et al. further discloses wherein said dehumidifier with adjustable temperature comprises a cabinet (see at least Tang et al. shell #8) and within said cabinet are provided an indoor dual-flow-channel heat exchanger (see at least Tang et al. heat exchanger #5), an indoor compressor (see at least Tang et al. compressor #1), an indoor evaporator (see at least Tang et al. evaporator #7), an indoor fan (see at least Tang et al. fan #12), an indoor expansion valve (see at least throttle valve #6) and a defrosting tray (not shown, but inherent to the unit housed in shell #8 of Tang et al.) in which said indoor dual-flow-channel heat exchanger is constituted by its first and second halves with its second half being an indoor condenser (see at least Tang et al. #5 which is a condenser and has an back path that corresponds to a first half) and said defrosting tray is located below said indoor evaporator (inherent to evaporator #7 in the shell #8 of Tang et al.), and wherein the first half of said indoor dual-flow-channel heat exchanger is connected with said water distribution and collection device or said first half of said indoor dual-flow-channel heat exchanger and said indoor heat exchanger are connected in series (see at least Tang et al. #2 and #5 are connected in series), and said indoor compressor is connected with said indoor evaporator and said indoor condenser through the refrigerant pipe provided in said cabinet (see at least Tang et al. #1/#7/#5 all connected by the refrigerant pipe).
Regarding claim 3, Hikone et al. as modified by Tang et al. further discloses wherein an air inlet (see at least Tang et al. air inlet #9) and an air outlet (see at least Tang et al. air outlet #13) are formed on said cabinet in which said air inlet and said air outlet are in fluid communication to form a circulation loop (see at least Tang et al. inlet #9 and outlet #12 form a loop with the room air), and wherein said indoor evaporator is provided at the inlet of said indoor fan (see at least Tang et al evaporator #7 upstream of fan #12), and said air outlet is provided at the outlet of said indoor fan (see at least Tang et al. #13 at the outlet of #12).
Regarding claim 5, Hikone et al. as modified by Tang et al. further discloses wherein said dehumidifier with adjustable temperature is in fluid communication with a pipe which is between said indoor heat exchanger and said water distribution and collection device (see at least Tang et al. #2 in fluid communication with the remaining components of the dehumidifier and with the water loop).
Regarding claim 8, Hikone et al. as modified by Tang et al. further discloses wherein said indoor heat exchanger is located in said cabinet (see at least heat exchanger #2 within shell #8).
Regarding claim 10, Hikone et al. further discloses wherein a medium for transferring energy within said supply cooling/heating circulation system is water (see at least paragraph [0008]).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hikone et al. in view of Tang et al. as applied to claim 1 above, and further in view of Sada et al. (US 6,119,478: previously cited).
Regarding claim 4, Hikone et al. in view of Tang et al. does not disclose wherein said dehumidifier with adjustable temperature further comprises an indoor four-way valve located on said refrigerant pipe.
However, it was old and well-known in the art to provide each loop in a cascaded system with a four-way valve as evidenced by Sada et al. (see at least valve #24 of Sada et al. connected to the indoor loop with exchangers #22 and valve #14 connected with outdoor heat exchanger #12).
It would, therefore, have been obvious to provide the system of Hikone et al. in view of Tang et al. with wherein said dehumidifier with adjustable temperature further comprises an indoor four-way valve located on said refrigerant pipe, since, as evidenced by Sada et al., such provision was old and well-known in the art, and would provide the predictable benefit of allowing for both the outdoor and indoor loops to selectively perform heating/cooling independently.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hikone et al. in view of Tang et al. as applied to claim 1 above, and further in view of Tippmann (US 5,335,508: previously cited).
Regarding claim 6, Hikone et al. in view of Tang et al. does not disclose wherein there are a plurality of said dehumidifiers with adjustable temperature which are arranged in the same room or in different rooms, and said plurality of said dehumidifiers with adjustable temperature are connected with said water distribution and collection device respectively.
Tippmann teaches another air conditioning system wherein there are a plurality of said dehumidifiers with adjustable temperature which are arranged in the same room or in different rooms (see at least system serviced by compressor #15 and system serviced by compressor #53), and said plurality of said dehumidifiers with adjustable temperature are connected with said water distribution and collection device respectively (see at least system serviced by compressor #15 and system serviced by compressor #53 are each connected to liquid loop serviced by pump #21).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the system of Hikone et al. in view of Tang et al. with wherein there are a plurality of said dehumidifiers with adjustable temperature which are arranged in the same room or in different rooms, and said plurality of said dehumidifiers with adjustable temperature are connected with said water distribution and collection device respectively, as taught by Tippmann, to improve the system of Hikone et al. in view of Tang et al. by allowing for the circulation loop of Hikone et al. in view of Tang et al. to service multiple rooms/areas.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hikone et al. in view of Tang et al. as applied to claim 1 above, and further in view of Ferrari Aggradi (US 2016/0298860: previously cited).
Regarding claim 7, Hikone et al. further discloses wherein said heat pump host further comprises a main controller (see at least controller #17), said supply cooling/heating pipeline is provided with a supply cooling/heating temperature sensor (see at least paragraph [0027]: control based on the temperature of the water is indicative of a temperature sensor for the water);
wherein said supply cooling/heating temperature sensor is used to obtain the supply cooling/heating temperature on said supply cooling/heating pipeline and to send said cooling/heating temperature to said main controller (see at least paragraph [0027]: control based on the temperature of the water is indicative of a temperature sensor for the water).
Hikone et al. does not disclose and an indoor temperature and humidity controller is provided in the room, wherein said indoor temperature and humidity controller is used to obtain the indoor temperature and humidity signal or dew point temperature, and send said temperature and humidity signal to said main controller, and said main controller is used to obtain said indoor dew point temperature based on said temperature and humidity signal.
Ferrari Aggradi teaches an indoor temperature and humidity controller is provided in the room (see at least paragraph [0032]), wherein said indoor temperature and humidity controller is used to obtain the indoor temperature and humidity signal or dew point temperature (see at least paragraph [0032]), and send said temperature and humidity signal to said main controller (see at least paragraph [0032]: control of the central unit is indicative of sending the information to a central controller); and said main controller is used to obtain said indoor dew point temperature based on said temperature and humidity signal (see at least paragraph [0032]: control of the central unit is indicative of sending the information to a central controller).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the system of Hikone et al. in view of Tang et al. with an indoor temperature and humidity controller is provided in the room, wherein said indoor temperature and humidity controller is used to obtain the indoor temperature and humidity signal or dew point temperature, and send said temperature and humidity signal to said main controller, and said main controller is used to obtain said indoor dew point temperature based on said temperature and humidity signal, as taught by Ferrari Aggradi, to improve the system of Hikone et al. in view of Tang et al. by providing cooling while taking into account dew point temperature, thus reducing the possibility of excess condensation.
The combination of Hikone et al. in view of Tang et al. with Ferrari Aggradi further discloses in which said main controller is connected respectively to said compressor (see at least Hikone et al. paragraph [0027]), said supply cooling/heating temperature sensor (see at least Hikone et al. paragraph [0027]) and said indoor temperature and humidity controller (see at least Ferrari Aggradi paragraph [0032]), wherein said main controller is used to control the operating parameters of said compressor so that said cooling/heating temperature is above said dew point temperature (see at least Hikone et al. paragraph [0027]; Ferrari Aggradi paragraph [0032]).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hikone et al. in view of Tang et al. as applied to claim 1 above, and further in view of Chen et al. (CN 204438368: cited by Applicant: cited by Examiner with English translation).
Regarding claim 9, Hikone et al. in view of Tang et al. does not disclose wherein stop valves are provided on said supply cooling/heating pipeline and said return cooling/heating pipeline respectively.
However, it was old and well-known in the art to provide stop valves on supply and return cooling/heating pipelines, as evidenced by Chen et al. (see at least valves #10/#11/#16/#19).
It would, therefore, have been obvious to provide the system of Hikone et al. in view of Tang et al. with wherein stop valves are provided on said supply cooling/heating pipeline and said return cooling/heating pipeline respectively, since, as evidenced by Chen et al., such provision was old and well-known in the art, and would provide the predictable benefit of allowing for portion(s) of the circuit to be isolated, thus allowing for adjustable performance and/or easier maintenance.
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 TAVIA SULLENS whose telephone number is (571)272-3749. The examiner can normally be reached M-R 6:30-4:30 Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached at 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAVIA SULLENS/Primary Examiner, Art Unit 3763