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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“control unit”.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 12 and 23 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 12 recites the limitation "one mode". This limitation is unclear and confusing because is unclear how does the “one mode” refers to the previous mentioned mode.
Claim 23 recites the limitation " the end". There is insufficient antecedent basis for this limitation in the claim.
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.
(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.
Claim(s) 12, 14-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gariety et al. (US 20180216859), hereinafter referred to as Gariety.
Re claim 12, Gariety teaches an air-conditioning system, comprising:
an evaporator (e.g. 108);
an evaporator fan (e.g. ¶ 43, “A fan circulates an air flow over an evaporator coil of the evaporator 108”) assigned to the evaporator;
a condenser (e.g. 102);
a variable-speed condenser fan (e.g. 104) assigned to the condenser (e.g. ¶ 42, “Also, the condenser fan 104 may be a fixed speed or variable speed condenser fan”);
a variable-speed compressor (e.g. 101);
an expansion element (e.g. 106);
a control unit (e.g. 110);
a first temperature sensor (e.g. 118) assigned to the evaporator;
a second temperature sensor (e.g. 124) assigned to the condenser; and
a third temperature sensor (e.g. 116 or 120) configured to sense an actual temperature outside the air-conditioning system (e.g. ¶ 46, “an ambient temperature of air at the condenser 102 received from an ambient air temperature sensor 116” … “a return air temperature sensor 120”),
wherein the control unit is configured to process measured temperature values of the third temperature sensor with regard to a predeterminable temperature setpoint value (e.g. ¶ 44, “The controller 110 may receive, for example, a demand for cooling based upon a set point parameter from a thermostat or another controller, such as a system controller or a case controller associated with a refrigeration case that includes the evaporator 108”),
wherein the control unit is further configured to act in a regulating manner on the variable-speed condenser fan and/or the variable-speed compressor (e.g. ¶ 47, “For instance, during various modes of operation, the compressor 101 operates in a digital mode that controls the modulation percentage of the compressor 101”), such that the air-conditioning system runs in one mode of at least two different modes (e.g. ¶ 50, “whether the climate-control system 100 is operating within a first mode of operation or a second mode of operation”).
Re claim 14, Gariety teaches the air-conditioning system of claim 12, wherein the first temperature sensor is configured and arranged to sense temperature values in an area of the evaporator in which a phase change of a refrigerant in the evaporator occurs (inherent; ¶ 46, “an evaporator coil temperature sensor 118”).
Re claim 15, Gariety teaches the air-conditioning system of claim 12, wherein the second temperature sensor is configured and arranged to sense temperature values in an area of the condenser, in which a phase change of a refrigerant in the condenser occurs (inherent; ¶ 46, “a condenser coil temperature sensor 124”).
Re claim 16, Gariety teaches the air-conditioning system of claim 12, wherein the control unit is further configured to process measured temperature values of the first temperature sensor and of the second temperature sensor so as to obtain information about a pressure of a refrigerant in the evaporator and the condenser (inherent; ¶ 49, “The operating condition parameters (i.e., temperatures and pressures) may additionally or alternatively be calculated or derived based on other calculated, derived, or sensed data associated with the climate-control system 100”).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 13, 22-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gariety, in view of Official Notice.
Re claim 13, Gariety teaches the air-conditioning system of claim 12. Gariety does not teach the limitation of wherein the evaporator fan is a variable-speed evaporator fan, and wherein the control unit is further configured to act in a regulating manner on the variable-speed evaporator fan, such that the air-conditioning system runs in one mode. However, the examiner takes Official Notice of the fact that using a variable speed evaporator fan and a controller configured to regulate such, for the purpose of improving efficiency, falls within the realm of common knowledge as obvious mechanical expedient. Therefore, at the time the invention was filed it would have been obvious for a person of ordinary skill in the art to have modified Gariety and integrated wherein the evaporator fan is a variable-speed evaporator fan, and wherein the control unit is further configured to act in a regulating manner on the variable-speed evaporator fan, such that the air-conditioning system runs in one mode, for the purpose of improving efficiency.
Re claim 22, Gariety teaches the air-conditioning system of claim 12. Gariety does not teach the limitation of wherein in a silent mode, the control unit is further configured to act in a regulating manner on the evaporator fan and the variable-speed condenser fan such that fan performance of the variable-speed condenser fan and fan performance of the evaporator fan are each in a predeterminable minimum range, wherein in the silent mode, the control unit is further configured to act on the variable-speed compressor depending on a setpoint temperature and the measured temperature values of the third temperature sensor, and wherein in the silent mode, the control unit is further configured to reduce compression performance of the variable-speed compressor and/or increases the fan performance of the variable-speed condenser fan if the pressure of the refrigerant in the variable-speed compressor is above a limit value. However, the examiner takes Official Notice of the fact that using a silent mode and under such mode a controller configured to act in a regulating manner on the evaporator fan and the variable-speed condenser fan such that fan performance of the variable-speed condenser fan and fan performance of the evaporator fan are each in a predeterminable minimum range, wherein in the silent mode, the control unit is further configured to act on the variable-speed compressor depending on a setpoint temperature and the measured temperature values of the third temperature sensor, and wherein in the silent mode, the control unit is further configured to reduce compression performance of the variable-speed compressor and/or increases the fan performance of the variable-speed condenser fan if the pressure of the refrigerant in the variable-speed compressor is above a limit value, for the purpose of comfort, falls within the realm of common knowledge as obvious mechanical expedient. Therefore, at the time the invention was filed it would have been obvious for a person of ordinary skill in the art to have modified Gariety and integrated wherein in a silent mode, the control unit is further configured to act in a regulating manner on the evaporator fan and the variable-speed condenser fan such that fan performance of the variable-speed condenser fan and fan performance of the evaporator fan are each in a predeterminable minimum range, wherein in the silent mode, the control unit is further configured to act on the variable-speed compressor depending on a setpoint temperature and the measured temperature values of the third temperature sensor, and wherein in the silent mode, the control unit is further configured to reduce compression performance of the variable-speed compressor and/or increases the fan performance of the variable-speed condenser fan if the pressure of the refrigerant in the variable-speed compressor is above a limit value, for the purpose of improving comfort.
Re claim 23, Gariety teaches the air-conditioning system of claim 12. Gariety does not teach the limitation of wherein the air-conditioning system is configured to be connected to a rechargeable energy storage unit, wherein the control unit is further configured to determine an amount of energy stored in the energy storage unit, and wherein in an optimum accumulator operation mode, the control unit is further configured to act in a regulating manner on the evaporator fan and/or the variable-speed condenser fan and/or the variable-speed compressor based on a setpoint temperature which can be entered, the determined amount of energy, and a predeterminable running time, such that the air-conditioning system maintains the actual temperature within a predeterminable limit range until the end of the running time. However, the examiner takes Official Notice of the fact that using a rechargeable energy storage unit and a controller configured to determine an amount of energy stored in the energy storage unit, and an optimum accumulator operation mode, the control unit is further configured to act in a regulating manner on the evaporator fan and/or the variable-speed condenser fan and/or the variable-speed compressor based on a setpoint temperature which can be entered, the determined amount of energy, and a predeterminable running time, such that the air-conditioning system maintains the actual temperature within a predeterminable limit range until the end of the running time, for the purpose of improving efficiency, falls within the realm of common knowledge as obvious mechanical expedient. Therefore, at the time the invention was filed it would have been obvious for a person of ordinary skill in the art to have modified Gariety and integrated wherein the air-conditioning system is configured to be connected to a rechargeable energy storage unit, wherein the control unit is further configured to determine an amount of energy stored in the energy storage unit, and wherein in an optimum accumulator operation mode, the control unit is further configured to act in a regulating manner on the evaporator fan and/or the variable-speed condenser fan and/or the variable-speed compressor based on a setpoint temperature which can be entered, the determined amount of energy, and a predeterminable running time, such that the air-conditioning system maintains the actual temperature within a predeterminable limit range until the end of the running time, for the purpose of improving efficiency.
Re claim 24, Gariety teaches the air-conditioning system of claim 12. Gariety does not teach the limitation of wherein in a test mode, the control unit is further configured to act in a regulating manner on the variable-speed compressor such that a refrigerant in the evaporator has a predeterminable evaporator test pressure or a refrigerant in the condenser has a predeterminable condenser test pressure, wherein the control unit is further configured to determine a value of a current consumption of the variable-speed compressor, and wherein the control unit is further configured to derive information as to whether there is a loss of refrigerant based on the determined value of current consumption and stored data. However, the examiner takes Official Notice of the fact that using a test mode and under such mode a controller configured to act in a regulating manner on the variable-speed compressor such that a refrigerant in the evaporator has a predeterminable evaporator test pressure or a refrigerant in the condenser has a predeterminable condenser test pressure, wherein the control unit is further configured to determine a value of a current consumption of the variable-speed compressor, and wherein the control unit is further configured to derive information as to whether there is a loss of refrigerant based on the determined value of current consumption and stored data, for the purpose of improving efficiency, falls within the realm of common knowledge as obvious mechanical expedient. Therefore, at the time the invention was filed it would have been obvious for a person of ordinary skill in the art to have modified Gariety and integrated wherein in a test mode, the control unit is further configured to act in a regulating manner on the variable-speed compressor such that a refrigerant in the evaporator has a predeterminable evaporator test pressure or a refrigerant in the condenser has a predeterminable condenser test pressure, wherein the control unit is further configured to determine a value of a current consumption of the variable-speed compressor, and wherein the control unit is further configured to derive information as to whether there is a loss of refrigerant based on the determined value of current consumption and stored data, for the purpose of improving efficiency.
Re claim 25, Gariety teaches the air-conditioning system of claim 12. Gariety does not teach the limitation of wherein the control unit is further configured to evaluate measured temperature values of the second temperature sensor and determine whether a pressure of a refrigerant in the condenser is within a permissible pressure range based on the evaluated measured temperature values. However, the examiner takes Official Notice of the fact that using a controller configured to evaluate measured temperature values of the second temperature sensor and determine whether a pressure of a refrigerant in the condenser is within a permissible pressure range based on the evaluated measured temperature values, for the purpose of improving efficiency, falls within the realm of common knowledge as obvious mechanical expedient. Therefore, at the time the invention was filed it would have been obvious for a person of ordinary skill in the art to have modified Gariety and integrated wherein the control unit is further configured to evaluate measured temperature values of the second temperature sensor and determine whether a pressure of a refrigerant in the condenser is within a permissible pressure range based on the evaluated measured temperature values, for the purpose of improving efficiency.
Claim(s) 17-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gariety, in view of Lee (US 20210372679), hereinafter Lee.
Re claim 17-18, Gariety teaches the air-conditioning system of claim 12. Gariety does not teach the limitation of wherein in a minimum current consumption mode, the control unit is further configured to act in a regulating manner on the variable-speed condenser fan such that a pressure of a refrigerant in the condenser is in a minimum range; wherein in the minimum current consumption mode, the control unit is further configured to increase fan performance of the evaporator fan to reduce the pressure of the refrigerant in the condenser. However, Lee teaches an air-conditioning system comprising a mode wherein a control unit configured to act in a regulating manner on the variable-speed condenser fan such that a pressure of a refrigerant in the condenser is in a minimum range; wherein in the mode, the control unit is further configured to increase fan performance of the evaporator fan to reduce the pressure of the refrigerant in the condenser (see ¶ 120, “In more detail, the high pressure (HP) is adjusted by controlling the speed of the condenser fan (FN_C) [intersection (b) between (HP_t) and (FN_C)], and the low pressure (LP) is adjusted by controlling the speed of the evaporator fan (FN_E) [intersection (b) between (LP_t) and (FN_E)]”). Therefore, at the time the invention was filed it would have been obvious for a person of ordinary skill in the art to have modified Gariety and integrated wherein in a minimum current consumption mode, the control unit is further configured to act in a regulating manner on the variable-speed condenser fan such that a pressure of a refrigerant in the condenser is in a minimum range; wherein in the minimum current consumption mode, the control unit is further configured to increase fan performance of the evaporator fan to reduce the pressure of the refrigerant in the condenser, as taught by Lee, in order to improved efficiency.
Re claim 19-21, Gariety teaches the air-conditioning system of claim 12. Gariety does not teach the limitation of wherein in a minimum current consumption mode, the control unit is further configured to act in a regulating manner on the evaporator fan and/or the variable-speed condenser fan such that a pressure of a refrigerant in the evaporator is equal to a pressure of a refrigerant in the condenser within a predeterminable tolerance range; wherein in a minimum current consumption mode, the control unit is further configured to act in a regulating manner on the variable-speed condenser fan such that the pressure of the refrigerant in the condenser is in a minimum range; wherein in the minimum current consumption mode, the control unit is further configured to increase fan performance of the evaporator fan to reduce the pressure of the refrigerant in the condenser. However, Lee teaches an air-conditioning system comprising a mode wherein a control unit configured to act in a regulating manner on the evaporator fan and/or the variable-speed condenser fan such that a pressure of a refrigerant in the evaporator is equal to a pressure of a refrigerant in the condenser within a predeterminable tolerance range; wherein in a minimum current consumption mode, the control unit is further configured to act in a regulating manner on the variable-speed condenser fan such that the pressure of the refrigerant in the condenser is in a minimum range; wherein in the minimum current consumption mode, the control unit is further configured to increase fan performance of the evaporator fan to reduce the pressure of the refrigerant in the condenser (see ¶ 120, “In more detail, the high pressure (HP) is adjusted by controlling the speed of the condenser fan (FN_C) [intersection (b) between (HP_t) and (FN_C)], and the low pressure (LP) is adjusted by controlling the speed of the evaporator fan (FN_E) [intersection (b) between (LP_t) and (FN_E)]”). Therefore, at the time the invention was filed it would have been obvious for a person of ordinary skill in the art to have modified Gariety and integrated wherein in a minimum current consumption mode, the control unit is further configured to act in a regulating manner on the evaporator fan and/or the variable-speed condenser fan such that a pressure of a refrigerant in the evaporator is equal to a pressure of a refrigerant in the condenser within a predeterminable tolerance range; wherein in a minimum current consumption mode, the control unit is further configured to act in a regulating manner on the variable-speed condenser fan such that the pressure of the refrigerant in the condenser is in a minimum range; wherein in the minimum current consumption mode, the control unit is further configured to increase fan performance of the evaporator fan to reduce the pressure of the refrigerant in the condenser, as taught by Lee, in order to improved efficiency.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (see PTO-892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NELSON NIEVES whose telephone number is (571)270-0392. The examiner can normally be reached Monday to Friday 9am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frantz Jules can be reached at 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NELSON J NIEVES/Primary Examiner, Art Unit 3763 10/28/2025