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 .
This action is responsive to the preliminary amendment filed on 05/29/2024. Claims 1 and 6 are pending in this application. Claims 2-5 and 7 has been cancelled.
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:
The limitation “a first decompressing apparatus” in claim 1 use a generic placeholder “apparatus” that is coupled with functional language “decompressing” without reciting sufficient structure to perform the recited function. However, in paragraph [0075] of the specification, applicant describes “a second expansion valve” is a corresponding structure for the limitation “a second decompressing apparatus”. Since the first decompressing apparatus and the second decompressing apparatus perform the same “decompressing” function, the corresponding structure for the limitation “a first decompressing apparatus” is “a first expansion valve” Therefore, the limitation “a first decompressing apparatus” has been interpreted as “a first expansion valve” under 112 6th paragraph claim interpretation.
The limitation “a second decompressing apparatus” in claim 1 use a generic placeholder “apparatus” that is coupled with functional language “decompressing” without reciting sufficient structure to perform the recited function. However, in paragraph [0075] of the specification, applicant describes “a second expansion valve” is the corresponding structure for the limitation “a second decompressing apparatus”. Therefore, the limitation “a second decompressing apparatus” has been interpreted as “a second expansion valve” under 112 6th paragraph claim interpretation.
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 § 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 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iguchi et al. (JP2004245479A).
Regarding claim 1, Iguchi discloses a refrigeration cycle apparatus, comprising:
a refrigerant circuit including a compressor (2), a first heat exchanger (3), a first decompressing apparatus (5), a second heat exchanger (6), and an accumulator (10; see figure 1); and
a heating unit (an internal heat exchanger 7 and a second expansion valve 13), wherein
in the refrigerant circuit, refrigerant circulates in order of the compressor (2), the first heat exchanger (3), the first decompressing apparatus (5), the second heat exchanger (6), and the accumulator (10), and the heating unit (7 and 13) is configured to heat the refrigerant that returns from the accumulator (10) to the compressor (2), using the refrigerant that has passed through the first heat exchanger (3; see figure 1),
the refrigeration cycle apparatus further comprises a branch flow path (P4, P5, P6 and P7) configured to branch from a branch portion (the branch portion which associated with the first decompression apparatus 5) in a flow path running toward the first decompressing apparatus (5) after having passed through the first heat exchanger (120), and merge into the refrigerant circuit at a merge portion (P5 and P4) downstream of the branch portion (P7), in the refrigerant circuit (see figures 1-2),
the heating unit (7 and 13) includes a second decompressing apparatus (13) configured to decompress the refrigerant flowing through the branch flow path (P4, P5, P6 and P7), and a third heat exchanger (7) configured to perform heat exchange between the refrigerant flowing through the branch flow path (P4, P5, P6 and P7) and running from the branch portion (the branch portion which associated with the first decompression apparatus 5) toward the second decompressing apparatus (13) and the refrigerant running toward the compressor (2) after having passed through the accumulator (10) in the refrigerant circuit (see figure 1-2),
the merge portion (P4 and P5) is arranged in a flow path running from the second heat exchanger (6) toward the accumulator (10) in the refrigerant circuit (see figures 1-2).
Regarding claim 6, Iguchi discloses the second decompressing apparatus is an expansion valve (13) configured to have a variable opening degree (Iguchi disclose the throttle amount of the second expansion valve 13 increases therefore, the expansion valve 13 has a variable opening degree; paragraph [0039]), and
the refrigeration cycle apparatus further comprises
a sensor arranged on a suction side or a discharge side of the compressor (2) and configured to sense a state of the refrigerant (paragraph [0048]), and
a controller (the control flow chart implies the existence of a controller; see figure 5) configured to control the opening degree of the second decompressing apparatus (13) in accordance with an output of the sensor (abstract, paragraph [0047]; see figure 5).
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Makizono et al. (2002/0078702).
Regarding claim 1, Makizono discloses a refrigeration cycle apparatus, comprising:
a refrigerant circuit including a compressor (110), a first heat exchanger (120), a first decompressing apparatus (162), a second heat exchanger (130), and an accumulator (140; see figure 1); and
a heating unit (400), wherein
in the refrigerant circuit (in the heating mode circuit), refrigerant circulates in order of the compressor (110), the first heat exchanger (120), the first decompressing apparatus (162), the second heat exchanger (130), and the accumulator (140), and the heating unit (150) is configured to heat the refrigerant that returns from the accumulator (140) to the compressor (110), using the refrigerant that has passed through the first heat exchanger (120; see figure 1),
the refrigeration cycle apparatus further comprises a branch flow path (the branch flow path which associated with valve 161a) configured to branch from a branch portion (the branch portion which associated with valve 161c) in a flow path running toward the first decompressing apparatus (162) after having passed through the first heat exchanger (120), and merge into the refrigerant circuit at a merge portion (the merge portion which associated with the outlet of the accumulator 140) downstream of the branch portion (the branch portion which associated with valve 161c), in the refrigerant circuit (the circuit operating in heating mode; see figure 1),
the heating unit (400) includes a second decompressing apparatus (161a) configured to decompress the refrigerant flowing through the branch flow path (the branch flow path which associated with the valve 161a), and a third heat exchanger (150) configured to perform heat exchange between the refrigerant flowing through the branch flow path (the branch flow path which associated with the valve 161a) and running from the branch portion (the branch portion which associated with valve 161c) toward the second decompressing apparatus (162) and the refrigerant running toward the compressor (110) after having passed through the accumulator (140) in the refrigerant circuit (see figure 1),
the merge portion (the merge portion which associated with the outlet of the accumulator 140) is arranged in a flow path running from the second heat exchanger (130) toward the accumulator (140) in the refrigerant circuit (see figure 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUN KAI MA whose telephone number is (571)-270-3530. The examiner can normally be reached on Monday-Friday 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached on 5712707740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KUN KAI MA/Primary Examiner, Art Unit 3763