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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 13-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. “Control unit” was not defined in the written disclosure.
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 1-22 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 the claims, the phrase "possibly circulating" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 10 and 18 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 10 recites the broad recitation “temperature of at least one hot-side external liquid leaving a heat exchanger of the second heat pump is at least 60C”, and the claim also recites, “ such as at least 70C”, which is the narrower statement of the range/limitation, while claim 18 states, ” cooled from a temperature of at least 31 C to a temperature of less than 31C such, as less than 25C, such as less than 15C, which is the narrower statement of the range/limitation. The claims are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the standard-sized freight container of claim 12 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Allowable Subject Matter
Claims 5-6,8-9, and 19-22 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 5-6, the prior art, alone or in combination, does not disclose, the claimed system wherein the third heat exchanger is arranged to, in said second heating process, cool the second hot side external liquid by heat exchange with the cold side external liquid.
Regarding claims 8-9, the prior art, alone or in combination, does not disclose, the claimed system wherein the second heat pump further comprises an additional hot-side heat exchanger being separate from the third heat exchanger and arranged to transfer heat from the internal-loop heat medium to a hot-side external liquid in turn being arranged to deliver heat, via heat exchange, to the structure.
Regarding claims 19-20, the prior art, alone or in combination, does not disclose the claimed method comprises, when an outdoor air temperature is detected to be below a first threshold temperature, performing the first heating process and the second heating process in parallel; and when the outdoor air temperature is detected to be above said first threshold temperature, performing only the first heating process and not the second heating process.
Regarding claims 21-22, the prior art, alone or in combination, does not disclose, the claimed method comprising a structure construction process preceding a construction operation process, said structure construction process being associated with a higher time-average heating power or energy requirement than a time-average heating power or energy requirement associated with said structure operation process, wherein, during at least part of said structure construction process, both the first heating process and the second heating process are performed in parallel, and wherein, during at least part of said structure operation process, only the first heating process is performed and not the second heating process.
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 1-2, 10-11, 15, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Goransson (US 2016/0116172) and Kniiffler et al. (US 2019/0154310).
Regarding claim 1, Goransson (G) discloses a system (1) for heating a structure (via 7, [0024, 0027]), wherein the system comprises a first heat pump (4, Figure 1) and a first heat exchanger (4b), the first heat pump ([0025]) being a liquid-to-liquid heat pump, the first heat exchanger (4b, i.e., water cooled condenser) being arranged to deliver heat, in a first heating process, from a hot side of the first heat pump to a first hot-side external liquid (C1), the first heat pump being arranged to receive heat from a cold-side external liquid circulating in the ground or a water body (via 4a, [0026]),; and a second heat pump (11) and a second heat exchanger (11b), the second heat exchanger being arranged to deliver heat, in a second heating process, from a hot side of the second heat pump to a second hot-side external liquid ([0047]), the first and second hot-side external liquids possibly being the same and possibly circulating in a common circuit; wherein the system is arranged to heat the structure via heat exchange with at least the first hot-side external liquid (via 7).
Goransson (G) does not disclose that the second heat pump comprises an internal loop in which carbon dioxide is circulated as an internal-loop heat medium, and wherein in that the system comprises a third heat exchanger being arranged to, in said second heating process, cool the internal-loop heat medium to below a critical point (CP) of the internal-loop heat medium by heat exchanging the internal-loop heat medium to the cold-side external liquid, the cold-side external liquid as a result being heated.
However Kniffler (K) discloses a heat pump system (Abstract) wherein the second heat pump (101) comprises an internal loop (Figure 1b) in which carbon dioxide is circulated as an internal-loop heat medium ([0062]), and wherein in that the system comprises a third heat exchanger (115) being arranged to, in said second heating process, cool the internal-loop heat medium to below a critical point (CP) ([0034]) of the internal-loop heat medium by heat exchanging the internal-loop heat medium to the cold-side external liquid, the cold-side external liquid as a result being heated ([0072]. As a clarification in the modification, the water in the heat exchanger (115) would be from the ground water source instead of the heat pump (102).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to substitute a carbon dioxide heat pump into the system due to their low cost, simplicity, and environmentally friendly features
Regarding claim 2, Goransson (G), as modified, discloses the system according to wherein the second heat pump (101) is arranged to receive, directly or indirectly, heat from air, such as outdoors air ([via 131, Figure 2C, [0071]).
Regarding claim 10, Goransson (G), as modified, discloses the system according to claim 1, wherein the second heat pump (220) is configured so that a temperature of at least one hot-side external liquid leaving a heat exchanger of the second heat pump is at least 60C such as at least 70C (101, [0072])
Regarding claim 11, Goransson (G), as modified, discloses the system according to claim 1, wherein the system comprises one or several geothermal energy wells (G-[0026]) down into which the cold-side external liquid is arranged to circulate.
Regarding claim 15, Goransson (G), as modified, discloses the
system according to claim 1, wherein the structure (G- [0024], i.e., house) is a building, and said heating of the structure comprises at least one of heating of indoors air (G- via 7, [0027]) in said structure and heating of tap water (G-15, [0047-0048]) in said structure (10).
Regarding claim 17, Goransson (G) discloses a method for heating a structure (via 7, [0024, 0027]), wherein the method comprises a first heating process, in which a first heat pump (4, Figure 1), being a liquid-to-liquid heat pump ([0025]), is used to deliver heat, via a first heat exchange, from a hot side (4b) of the first heat pump (210) to a first hot-side external liquid (C1,4b, i.e., water cooled condenser), the first heat pump receiving heat from a cold-side external liquid circulating in the ground or a water body (via 4a, [0026]); and a second heating process, in which a second heat pump (11) is used to deliver heat, via a second heat exchange (11b), from a hot side of the second heat pump to a second hot-side external liquid ([0047]), the first and second hot-side external liquids possibly being the same and possibly circulating in a common circuit; and heating the structure via heat exchange with at least the first hot-side external liquid (via 7).
Goransson (G) does not disclose that the second heat pump uses carbon dioxide as an internal-loop heat medium, and wherein in that said second heating process comprises, in a third heat exchange, cooling internal-loop heat medium to below a critical point (CP) of the internal-loop heat medium by heat exchanging the internal-loop heat medium to the cold-side external liquid, the cold-side external liquid as a result being heated.
However Kniffler (K) discloses a heat pump system (Abstract) wherein the second heat pump (101) uses carbon dioxide as an internal-loop heat medium (Figure 1b, [0062]), and wherein in that said second heating process comprises, in a third heat exchange (via 115), cooling internal-loop heat medium to below a critical point (CP) ([0034]) of the internal-loop heat medium by heat exchanging the internal-loop heat medium to the cold-side external liquid, the cold-side external liquid as a result being heated ([0072]). As a clarification in the modification, the water in the heat exchanger (115) would be from the ground water source instead of the heat pump (102).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to substitute a carbon dioxide heat pump into the system due to their low cost, simplicity, and environmentally friendly features
Regarding claim 18, Goransson (G), as modified, discloses the method according to claim 17, wherein the third heat exchange results in that the internal-loop heat medium is cooled from a temperature of at least 31 C to a temperature of less than 31C such, as less than 25?C, such as less than 15C ([0072]).
Claims 3-4, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Goransson (US 2016/0116172), Kniiffler et al. (US 2019/0154310), and Maxwell (US 2010/0114384).
Regarding claim 3, Goransson (G), as modified, discloses the system according to claim 1, but not that the system is arranged to heat the structure via heat exchange also with the second hot-side external liquid.
However, Maxwell (M) discloses a heat pump system (Figure 1B )wherein the system is arranged to heat the structure (6) via heat exchange also with the second hot-side external liquid (58, [0084]). As a clarification, (8) is the first heat pump, while (58) is the second heat pump. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to place heat pumps in series to increase the temperature of the medium delivery and allowing for medium to be heated to two different temperatures simultaneously. Additionally, Goransson discloses the heat pumps in series (4,11), but they are used to heat tap water, not to provide heating.
Regarding claim 4, Goransson (G), as modified, discloses the system according to claim 1, but not that the third heat exchange is arranged to heat cold side external liquid that has left the ground or the water body but before it reaches the first heat pump .
However, Maxwell (M) discloses a heat pump system (Figure 1B), wherein the third heat exchanger (24, Figure 1B) is arranged to heat cold side external liquid that has left the ground (16,18) or the water body but before it reaches the first heat pump ([0112]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to preheat the ground water by cooling the cold water before the groundwater reaches the first heat pump.
Regarding claim 7, Goransson (G), as modified, discloses the system according to claim 1, but not that the third heat exchanger is arranged to transfer heat directly from the internal-loop heat medium to the cold-side external liquid, or wherein the third heat exchanger is arranged to transfer heat from the internal-loop heat medium to the second hot-side external liquid, the system (200) being arranged to heat exchange the second hot-side external liquid to the cold-side external liquid but not to the structure.
However, Maxwell (M) discloses a heat pump system (Figure 1B), wherein the third heat exchanger (24, Figure 1B) is arranged to transfer heat directly from the internal-loop heat medium to the cold-side (16,18) external liquid, or wherein the third heat exchanger is arranged to transfer heat from the internal-loop heat medium to the second hot-side external liquid, the system (200) being arranged to heat exchange the second hot-side external liquid to the cold-side external ([0012]) liquid but not to the structure (When there is no call for heat). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to preheat the ground water by cooling the cold water before the groundwater reaches the first heat pump.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Goransson (US 2016/0116172), Kniiffler et al. (US 2019/0154310), Maxwell (US 2010/0114384), and Savenstrand et al. (US 2019/0316819).
Regarding claim 12, Goransson (G), as modified, discloses the system according to claim 1, but not that wherein the second heat pump is arranged in a standard-sized freight container.
However, Savenstrand (S) discloses a heat pump system (Abstract) wherein the heat pump (1, Figure 1) is arranged in a standard-sized freight container ([0105]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to package the heat pump into an easily transportable enclosure.
Claims 13-14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Goransson (US 2016/0116172), Kniiffler et al. (US 2019/0154310), and Visser (US 20230275536).
Regarding claim 13, Goransson (G), as modified, discloses the system according to claim 1, but not that the system further comprises a control unit and a valve system, the control unit being arranged to control the valve system so as to selectively perform either or both of said second heating process and said first heating process.
However, Visser (V) discloses a heat pump system (7 , Abstract) wherein the system further comprises a control unit ([0117]) and a valve system (14,17), the control unit being arranged to control the valve system so as to selectively perform either or both of said second heating process and said first heating process ([0113,0117]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of this application to utilize controllable valves to ensure that the flow rate corrects for ambient or external temperature allow proper temperature control.
Regarding claim 14, Goransson (G), as modified, discloses the system according to claim 13, wherein the system further comprises a temperature sensor ([0039]) for measuring outdoors air temperature ([0038]), and wherein in that the control unit is arranged to control the valve system depending on a reading of said temperature sensor ([0117]) .
Regarding claim 16, Goransson (G), as modified, discloses the system according to claim 1,wherein the system further comprises an equalization tank (G-26) tank, arranged to receive said first hot-side external liquid from said first heat exchanger (G-4b, Figure 5) and a hot-side external liquid from said second heat exchanger (G-11b), and arranged to provide a mixture of said hot-side external liquids to said structure (G-[0045]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN E BARGERO whose telephone number is (571) 270-1770. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helena Kosanovic can be reached at (571) 272-9059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN E BARGERO/Examiner, Art Unit 3762 ***
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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