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 Amendment
This Final Office Action is in response to Applicant’s Remarks/Amendments filed 30 January, 2026. The amendments have been entered.
Disposition of Claims
Claims 1-12 are pending.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4 and 8-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by LIN (US 2019/0178548, in the IDS of 3/12/2024).
As to claim 1, LIN discloses a method for controlling an air-cooled device (150) for compressing a gas (implementation of a compressor, 186 and/or 187, with operating working fluid flowing within the circuit), in which the device comprises at least one element (186 and/or 187; par. 38) for compressing the gas, at least one air-cooled cooler (188; par. 38-39) for cooling a fluid in the device, and two or more fans (190 and 192), one of the fans (192; par. 39) being an adjustable-speed fan (par. 35-36, 38-39, and 69; figures 7-8) for generating a flow of cooling air for cooling the air-cooled cooler, wherein when the air-cooled cooler does not need to cool (MPEP § 2111.04 – II – contingent limitation; par. 35 – wherein the operation is based on the call for cooling (CFC %), the method comprises controlling the speed of the adjustable-sped fan to a minimum non-zero required speed (par. 62 and 68; figure 8) to avoid at least a backflow of cooling air traveling in a direction opposite the flow (result of operating the fan, as required by the method).
As to claim 2, while the limitations are based on possible conditions not positively recited(MPEP § 2111.04 – II – contingent limitation; “if: it is not necessary to cool the compressed gas in a case the air-cooled cooler is used to cool the gas compressed by the device; and/or instead of the air-cooled cooler a heat recovery system provides a necessary cooling of the device; and/or the element is stopped or running without a load”), LIN, further discloses wherein the speed of the adjustable-speed fan is reduced to the minimum speed required if: it is not necessary to cool the compressed gas in case the air-cooled cooler is used to cool the gas compressed by the device (par. 35 and 62-69; figures 7-8) and/or the element is stopped or running without a load (par. 30, in view of par. 62-69).
As to claim 3, LIN discloses wherein the minimum required speed is determined on the basis of environmental parameters (par. 37 and 39).
As to claim 4, LIN discloses the fan is driven by a fan motor that is cooled by the fan (p.ar 42; since cool air drawn in by the fan passes over the motor) and the controller controls the speed of the fan so it can be shut off if cooling is not required (par. 39). In addition the recitation of “in that the method consists of controlling the speed of the adjustable-speed fan to the minimum speed if the air-cooled cooler does not need to cool in order to avoid the backflow of cooling air and in order to cool the aforementioned fan motor just enough to prevent the fan motor from overheating” is a contingent limitation not positively recited and thereby, not required by the method. See MPEP § 2111.04 – II.
As to claim 8, LIN discloses wherein the minimum required speed is a predetermined fixed value that is determined on the basis of a worst-case scenario of an operating mode of other fans and/or coolers of the device ( such as a minimum CFC% operation; par. 35) .
As to claim 9, LIN discloses an air-cooled device (150) for compressing a gas (implementation of a compressor, 186 and/or 187, with operating working fluid flowing within the circuit), which comprises at least one element (186 and/or 187; par. 38) for compressing the gas, at least one air-cooled cooler (188; par. 38-39) for cooling a fluid in the device, and two or more fans (190 and 192), one of the fans (192; par. 39) being an adjustable-speed fan (par. 35-36, 38-39, and 69; figures 7-8) for generating a flow of cooling air for cooling the air-cooled cooler, wherein the adjustable speed fan is provided with a controller (152) that is configured to carry out a method according to claim 1 (see rejection of claim 1; par. 35-39; figures 7-8).
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 5-7 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over LIN (US 2019/0178548, in the IDS of 3/12/2024).
As to claim 5, LIN discloses a temperature sensor (166; par. 37 and 39) that controls the fan (192; par. 37 and 39). It would also have been obvious to one having ordinary skill in the art at the time the invention was made that the sensor would sense the temperature of the fan motor to control the fan motor.
As to claims 6 and 7, since bearings and windings of a fan motor contribute to the temperature of the fan motor, the temperature would be representative of the temperature of the bearings and the windings, as LIN provides the fan and fan motor.
As to claim 10, LIN discloses wherein the device is provided with a plurality of air coolers (figure 4; 218 and 219; MPEP § 2144.04 – VI(B)) for cooling one or more fluids in the device and provided with a plurality of adjustable speed fans(224 and 226), the adjustable-speed fans being provided with the controller(202) that is configured to carry out the method according to claim 1 (see rejection of claim 1; par. 35-39; figures 7-8) . Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to include the plurality of air coolers, as it is merely a duplication of parts absent a patentable significant produced by new and unexpected results.
As to claim 11, LIN discloses wherein at least one of the adjustable-speed fans is provided with a separate sub-controller (246;par. 40).
As to claim 12, LIN discloses wherein one controller is provided for all adjustable-speed fans (202; par. 40-41).
Response to Arguments
Applicant’s arguments, see pages 6-7 of Applicant’s Arguments/Remarks, filed 30 January, 2026, with respect to the rejection(s) of claim(s) 1-12 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of a further interpretation of LIN, in view of the amendments made by the applicant to further distinguish the minimum speed as a minimum non-zero speed and change the scope of the claim by the transitional phrase used (i.e., comprising). Particularly, LIN provides wherein the fan speed, of the condenser fan, is adjusted based on the call for cooling (CFC%), as stated in par. 39, at a minimum speed (par. 68-69). For this, the prior art teaches the claimed invention.
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 JENNA M MARONEY whose telephone number is (571)272-8588. The examiner can normally be reached Monday - Friday 7AM to 4PM, EST.
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/JENNA M MARONEY/Primary Examiner, Art Unit 3763 7/22/2026
JENNA M. MARONEY
Primary Examiner
Art Unit 3763
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