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 .
Status of Claims
This Office Action is in response to the remarks and amendments filed on 12/19/2025. Claims 9 and 11-13 are pending for consideration in this Office Action.
Response to Amendment
The objections to the abstract have been withdrawn in light of the amendments filed.
Specification
The MPEP states in part that (a) Papers that are to become a part of the permanent United States Patent and Trademark Office records in the file of a patent application, or a reexamination or supplemental examination proceeding.
(1) All papers, other than drawings, that are submitted on paper or by facsimile transmission, and are to become a part of the permanent United States Patent and Trademark Office records in the file of a patent application or reexamination or supplemental examination proceeding, must be on sheets of paper that are the same size, not permanently bound together, and:
(i) Flexible, strong, smooth, non-shiny, durable, and white;
(ii) Either 21.0 cm by 29.7 cm (DIN size A4) or 21.6 cm by 27.9 cm (8 1/2 by 11 inches), with each sheet including a top margin of at least 2.0 cm (3/4 inch), a left side margin of at least 2.5 cm (1 inch), a right-side margin of at least 2.0 cm (3/4 inch), and a bottom margin of at least 2.0 cm (3/4 inch). MPEP 608.01
The application papers are objected to because the amendments to the claims have track changes lines in the left margin.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duan et al. (CN109579364A) in view of Che et al. (CN111256290A) and Sulc et al. (US2003/0037553).
Regarding Claim 9, Duan teaches a heat pump HVAC system [fig 1] comprising:
an inside coil [5; 0035]; a compressor [6; 0035]; and
an outside coil [1l 0035], the outside coil includes first and second interlaced circuits [0053; 0054; fig 3];
in a cooling mode both of the first and the second interlaced circuits are used as condensers [0054].
Duan does not teach where in a heating mode only the first interlaced circuit is used as an evaporator; in the heating mode heat is applied to the second interlaced circuit to counteract the formation of ice on the outside coil; and wherein the system is arranged to apply heat to the second interlaced circuit by directing hot discharge from the compressor to the second interlaced circuit; and
wherein the hot discharge from the compressor is directed to the second interlaced circuit by way of a pulse valve.
However, Che teaches a heat pump air conditioner having an outdoor heat exchanger assembly comprising a first outdoor heat exchanger and a second outdoor heat exchanger [172; 173; 0002; 0038] where in a heating mode only the first outdoor heat exchanger is used as an evaporator [0047; 0054; 0065];
in the heating mode heat is applied to the second outdoor heat exchanger to counteract the formation of ice on the outside heat exchanger assembly [0047; 0054; 0065]; and
wherein the system is arranged to apply heat to the second outdoor heat exchanger by directing hot discharge from a compressor [11] to the second outdoor heat exchanger [0047; 0054; 0065; figs 1-3; see also fig 4; where the outdoor heat exchangers of Che as synonymous to the circuits of Duan] and wherein the hot discharge from the compressor [11] is directed to the second interlaced circuit [at least either heat exchanger 172, 173] by way of a pulse valve [at least valve 181,182; 0021-0028; 0060; 0066; 0067; figs 1-3; where one skilled in the art would recognize that at least valve 182 is controlled to allow refrigerant to flow to at least one of heat exchangers 172, 173 and is an air recognized equivalent to a pulse valve as witnessed by Sulc at 0055 where it is disclosed that valves having opening and closing controls such as the valve 182 in Che can alternatively be a pulse valve] where one of ordinary skill in the art could have combined the steps as disclosed by known techniques and that in combination, each step would provide the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provides an improved defrosting process [0030].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the system of Duan to have where in a heating mode only the first interlaced circuit is used as an evaporator; in the heating mode heat is applied to the second interlaced circuit to counteract the formation of ice on the outside coil; and wherein the system is arranged to apply heat to the second interlaced circuit by directing hot discharge from the compressor to the second interlaced circuit and wherein the hot discharge from the compressor is directed to the second interlaced circuit by way of a pulse valve in view of the teachings of Che where the steps could have been combined by known techniques with no change in their respective functions, and the combination would have yielded predictable results i.e. provides an improved defrosting process.
See MPEP 2144.06 Art Recognized Equivalence for the Same Purpose
Regarding Claim 12, Duan, as modified, teaches the invention of claim 9 above and Che teaches an expansion valve [161] associated with the inside coil [0038; fig 1]; an expansion valve associated with the outside coil [at least valves 162, 163 associated with outside heat exchanger assembly 172; 173; 0038] wherein the controller [see 0013] controls the operation of the expansion valves and also controls the operation of the compressor [0013; where the control of the compressor is implicit].
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duan et al. (CN109579364A), Che et al. (CN111256290A) and Sulc et al. (US2003/0037553) as applied to claim10 above, and further in view of Kenichi (JPH10232073A).
Regarding Claim 11, Duan, as modified, teaches the invention of claim 10 above but does not teach wherein the pulse valve is arranged to operate based on the output of a temperature sensor that is associated with the outside coil.
However, Kenichi teaches an air conditioner [0001] having wherein a valve [4b] is arranged to operate based on the output of a temperature sensor [6a] that is associated with an outside heat exchanger [3a; 0014; fig 1] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provide defrosting operation while performing heating operation with improved comfort [0001; 0004].
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Duan to have a railway locomotive including a heat pump HVAC system in view of the teachings of Kenichi where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide defrosting operation while performing heating operation with improved comfort.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Duan et al. (CN109579364A), Che et al. (CN111256290A) and Sulc et al. (US2003/0037553) as applied to claim 9 above, and further in view of Fluder et al. (US4043143).
Regarding Claim 13, Duan, as modified, teaches the invention of claim 9 above but does not teach a railway locomotive including a heat pump HVAC system.
However, Fluder teaches a railway locomotive having an air conditioning system [col 2, lines 14-17; fig 1] where one of ordinary skill in the art could have combined the elements as claimed by known methods and that in combination, each element would perform the same function as it did separately and one of ordinary skills would have recognized that the results of the combination were predictable i.e. provide efficient cooling [col 1, lines 59-68]
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Duan to have a railway locomotive including a heat pump HVAC system in view of the teachings of Fluder where the elements could have been combined by known methods with no change in their respective functions, and the combination would have yielded predictable results i.e. provide efficient cooling.
Response to Arguments
On pages 6-8 of the remarks, Applicant argues with respect to now amended claim 9 that Duan et al. (CN109579364A) as modified by Che et al. (CN111256290A) does not teach “…wherein the hot discharge from the compressor is directed to the second interlaced circuit by way of a pulse valve.” Applicant's arguments filed have been fully considered but they are not persuasive.
In response to Applicant’s arguments, that Duan and Che do not achieve hot gas defrosting, with respect to Duan, one skilled in the art would recognize that refrigerant discharged from compressor 6 to the heat exchanger 1 branch having valve 2 receives high temperature gas from the compressor and upon exiting the heat exchanger 1 branch having valve 2 a measure of condensation has occurred and some hot liquid refrigerant would exit the heat exchanger. With respect to Che, one skilled in the art would recognize that refrigerant discharged from compressor 11 to the heat exchanger 172 branch having valve 188 receives high temperature gas from the compressor and upon exiting the heat exchanger 172 branch having valve 188 a measure of condensation has occurred and some hot liquid refrigerant would exit the heat exchanger. Accordingly, the rejection is maintained.
In response to Applicant’s argument that the valve of Che is not a pulse valve, Applicant is directed to the rejection of claim 9 where an art recognized equivalence analysis has been used to show that the valve of Che reads upon the amended claim language. See the rejection of claim 9 above for detailed analysis. Accordingly, the rejection is maintained.
For at least the reasons above, claims 9 and 11-13 remain rejected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Etter et al. (US2012/0234038), cited to show that a pulse valve can be an electromechanical valve. See 0022;
Chae et al. (KR20070072243A), cited to show that valve 13 is a PMV valve whose depiction is the same as the valve 182 disclosed in Che. See Chae at 0017; fig 3.
THIS ACTION IS MADE FINAL. 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 LARRY L FURDGE whose telephone number is (313)446-4895. The examiner can normally be reached M-R 6a-3p; F 6a-10a.
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/LARRY L FURDGE/Primary Examiner, Art Unit 3763