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 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 28, 32, 36, 40, 41, 44 and depending claims 29, 30, 37-39, 45 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 pre-AIA the applicant regards as the invention.
Claims 28, 32 recite “a working chamber”. It is unclear if the bolded limitation refers to the previously claimed limitation in claim 26. Not only does the phrase in the claims lacks a definite article (e.g. the or said) but the limitation is inconsistently recited.
Claims 40, 41 recite “a working fluid/lubricant mix”, “an interior volume”, “a displacement machine”. It is unclear if the bolded limitations refer to the previously claimed limitations in claim 26. Not only do the phrases in the claims lack a definite article (e.g. the or said) but the limitation is inconsistently recited.
Claim 36 recites “a displacement machine”, “a working chamber”, “an interior volume”. It is unclear if the bolded limitations refer to the previously claimed limitations in claim 26. Not only do the phrases in the claims lack a definite article (e.g. the or said) but the limitation is inconsistently recited.
Claim 44 recites “a working fluid/lubricant mix”. It is unclear if the bolded limitation refers to the previously claimed limitation in claim 42. Not only does the phrase in the claim lacks a definite article (e.g. the or said) but the limitation is inconsistently recited.
Claim Rejections - 35 USC § 102
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 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 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.
Claims 26-28, 31-33, 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gerson (US 2021/0285693 A1).
Claim 26: Gerson discloses a working fluid extraction system (FIG.1) for a displacement machine (1102) for removing a condensable working fluid from a working fluid/lubricant mix (paragraph [380]: refrigerant gas removed from cavity in which bearings located) in an interior volume (interior volume inside compressor) of the displacement machine (1102) separate from a working chamber (paragraph [60]: compression chambers formed) of the displacement machine (1102), wherein the system comprising a condenser (1122) operatively connected to the interior volume (interior volume inside compressor),
wherein the condenser (1122) is settable to a lower temperature and/or pressure than the temperature (paragraph [54]: controller; to clarify, controller control the operation of all the components of the system including temperature of the working fluid and lubricant) and/or pressure (functional language/intended use) of the interior volume such that working fluid (paragraph [49]: refrigerant) is drawn from the interior volume to the condenser (1122) in use.
Claim 27: Gerson discloses the apparatus as claimed in claim 26, further comprising a first fluid pump (1118) configured to pump working fluid from the interior volume (interior volume inside compressor) to the condenser (1122), to assist in the draw of working fluid from the working fluid/lubricant mix in the interior volume (functional language) to the condenser (1122).
Claim 28: Gerson discloses the apparatus as claimed in claim 26, further comprising a condensed fluid pump (1118) configured to pump condensed working fluid (functional language) from the condenser (1122) to a working fluid circuit of a thermal machine (1100) comprising the displacement machine (1102), such that the working fluid drawn from the working fluid/lubricant mix in the interior volume (interior volume inside compressor) can be reintroduced into a working chamber (paragraph [60]: compression chambers formed) of the displacement machine (1102).
Claim 31: Gerson discloses the apparatus as claimed in claim 26, further comprising a vent (valve 4155 used as vent) connected to the interior volume (paragraph [278]: control valve regulates flow rate of compressed working fluid), and configured to allow excess working fluid to be expelled from the interior volume wherein the vent is a non-return valve (4155).
Claim 32: Gerson discloses the apparatus as claimed in claim 31, wherein the vent (4155) is fluidly connected to a working fluid circuit of a thermal machine (1100) comprising the displacement machine (1102), such that expelled working fluid can be reintroduced into a working chamber (paragraph [60]: compression chambers formed) of the displacement machine (1102).
Claim 33: Gerson discloses the apparatus as claimed in claim 26, wherein the displacement machine is a compressor (1102).
Claim 40: Gerson discloses the apparatus as claimed in claim 26 a method of extracting working fluid from a working fluid/lubricant mix in an interior volume (paragraph [66]: separating lubricant from fluid from compressor) of a displacement machine (1102), the method comprising the steps of: one of the steps of:
setting the temperature (paragraph [54]: controller; to clarify, controller control the operation of all the components of the system including temperature of the working fluid and lubricant) of the condenser (1122) to less than the temperature of the interior volume (interior volume inside compressor); or
setting the pressure of the condenser to less than pressure of the interior volume; or
setting the temperature of the condenser to less than the temperature of the interior volume and setting the pressure of the condenser to less than the pressure of the interior volume,
such that working fluid in the interior volume (interior volume inside compressor) is drawn to the condenser (1122).
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 29, 30 are rejected under 35 U.S.C. 103 as being unpatentable over Gerson (US 2021/0285693 A1), in view of Buese (US 2016/0091226 A1).
Claim 29: Gerson discloses the apparatus as claimed in claim 28, further comprising a non-return valve (control valve 4155 in circuit 4100) arranged in fluid communication with the condensed fluid pump and the working fluid circuit (all component in the circuit are in fluid communication with one another), and
Gerson discloses the claimed limitations in claim 29, but fails to disclose configured to allow fluid to be pumped from the condensed fluid pump into the working fluid circuit, but not from the working fluid circuit to the condensed fluid pump.
However, Buese teaches configured to allow fluid to be pumped from the condensed fluid pump into the working fluid circuit (paragraph [20]: condensed fluid transmitted through the system by positive displacement pump 170), but not from the working fluid circuit to the condensed fluid pump for the purpose of transmitting the fluid through the system (paragraph [20]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Gerson to include configured to allow fluid to be pumped from the condensed fluid pump into the working fluid circuit, but not from the working fluid circuit to the condensed fluid pump as taught by Buese in order to transmit the fluid through the system.
Claim 30: Gerson as modified discloses the apparatus as claimed in claim 29, wherein the non- return valve (4155) is configured to deliver fluid to a pressure reducing valve (functional language) in the thermal machine (1100).
Claims 34, 41 are rejected under 35 U.S.C. 103 as being unpatentable over Gerson (US 2021/0285693 A1), in view of Overelv (US 2021/0254865 A1).
Claim 34: Gerson discloses the apparatus as claimed in claim 26, further comprising
a fluid separator system (1112) for separating the condensable working fluid from the lubricant in the interior volume (functional language), the fluid separator system comprising:
a fluid separator chamber (1132); a fluid separator inlet (inherent; inlet where the mix fluid enters separator) operatively connected to the interior volume (interior volume inside compressor) and configured to allow fluid communication between the interior volume and the fluid separator chamber (1132);
wherein the fluid separator chamber (1132) is configured in use to provide a deceleration of the working fluid/lubricant mix entering (functional language) the fluid separator chamber (1132) from the fluid separator inlet (inherent; inlet where the mix fluid enters separator), such that, in use, the working fluid/lubricant mix entering the fluid separator chamber (1132) is decelerated, thereby separating at least some working fluid from the lubricant (functional language).
Gerson discloses the claimed limitations in claim 34, but fails to disclose a fluid separator shielding member arranged at the fluid separator inlet and configured to restrict a quantity of working fluid/lubricant mix entering the fluid separator inlet;
However, Overelv teaches a fluid separator shielding member (flow restriction 9 used as fluid separator shielding member paragraph [32]: comprising a flow restriction is beneficial if compressor is lubricated in a case let out amount of lubricant and maybe thereby end up in the separator, therefore the flow restriction prevent this from occurring) arranged at the fluid separator inlet (paragraph [32]: lubricant may end up in the inlet of separator) and configured to restrict a quantity of working fluid/lubricant mix entering the fluid separator inlet (paragraph [32]) for the purpose of returning the lubricant back to the compressor, therefore it is particularly beneficial if small amount of lubricant let out of the compressor and end up in the separator (paragraph [32]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Gerson to include a fluid separator shielding member arranged at the fluid separator inlet and configured to restrict a quantity of working fluid/lubricant mix entering the fluid separator inlet as taught by Overelv in order to return the lubricant back to the compressor.
Claim 41: Gerson as modified discloses the apparatus as claimed in claim 34 a method of extracting working fluid from a working fluid/lubricant mix in an interior volume (paragraph [66]: separating lubricant from fluid from compressor) of a displacement machine, the method comprising the steps of:
separating the working fluid from the working fluid/lubricant mix in the fluid separator system (1112);
and one of the steps of:
setting the temperature of the condenser (1122) to less than the temperature of the interior volume (paragraph [54]: controller; to clarify, controller control the operation of all the components of the system including temperature of the working fluid and lubricant); or
setting the pressure of the condenser to less than pressure of the interior volume; or
setting the temperature of the condenser to less than the temperature of the interior volume and setting the pressure of the condenser to less than the pressure of the interior volume,
such that separated working fluid is drawn to the condenser (1122).
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Gerson (US 2021/0285693 A1), in view of Overelv (US 2021/0254865 A1), and in view of Yokoyama (US 2009/0000872 A1).
Claim 35: Gerson as modified discloses the apparatus as claimed in claim 34, wherein the fluid separator system (1112) such that in use separated working fluid can be evacuated from the fluid separator chamber (1132) wherein the condenser (1122) is operatively connected to the interior volume (interior volume inside compressor) via the fluid separator system (1112), such that in use, working fluid can be separated from the working fluid/lubricant mix by the fluid separator chamber (1132), and delivered to the condenser (1122).
Gerson discloses the claimed limitations in claim 35, but fails to disclose a fluid separator channel fluidly connected to the fluid separator chamber, such that in use separated working fluid can be evacuated through the fluid separator channel, and delivered to the condenser by the fluid separator channel.
However, Yokoyama teaches a fluid separator channel (separation tube 84 used as separator channel) fluidly connected to the fluid separator chamber (82), such that in use separated working fluid can be evacuated through the fluid separator channel (84), and delivered to the condenser (6) by the fluid separator channel (82) for the purpose preventing deterioration in lubrication performance by suppressing undesirable residence of lubricant in the chamber (paragraph [5]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Gerson to include a fluid separator channel fluidly connected to the fluid separator chamber, such that in use separated working fluid can be evacuated through the fluid separator channel, and delivered to the condenser by the fluid separator channel as taught by Yokoyama in order to prevent deterioration in lubrication performance by suppressing undesirable residence of lubricant in the chamber.
Claims 36, 37 are rejected under 35 U.S.C. 103 as being unpatentable over Gerson (US 2021/0285693 A1), in view of Benson (US 2014/0075970 A1), and in view fo Buese (US 2016/0091226 A1).
Claim 36: Gerson discloses the apparatus as claimed in claim 26 a thermal machine (1100) comprising:
a displacement machine (1102) comprising a working chamber (paragraph [60]: compression chambers formed) and an interior volume (interior volume inside compressor); an evaporator (1126); a pressure reducing valve (4155); a receiver (paragraph [249]: receiver tank); a filter (paragraph [66]: filter); a condensable working fluid (paragraph [239]: working fluid); wherein the condenser (1122) of the working fluid extraction system is a second condenser.
Gerson discloses the claimed limitations in claim 36, but fails to disclose a recuperator; a shut-off valve located between the recuperator and the displacement machine; a first condenser;
However, Benson teaches a recuperator (114); a shut-off valve (131) located between the recuperator (114) and the displacement machine (128) for the purpose of maximizing economic efficiency (paragraph [21]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Gerson to include a recuperator; a shut-off valve located between the recuperator and the displacement machine as taught by Benson in order to maximize economic efficiency.
Further, Buese teaches a first condenser (paragraph [28]: condensers) for the purpose of enhancing extraction process.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Gerson to include a first condenser as taught by Buese in order to enhance extraction process.
Claim 37: Gerson as modified discloses the apparatus as claimed in claim 36, wherein the displacement machine is a compressor (1102).
Claim 38 is rejected under 35 U.S.C. 103 as being unpatentable over Gerson (US 2021/0285693 A1), in view of Benson (US 2014/0075970 A1), in view of Buese (US 2016/0091226 A1), and in view of Overelv (US 2021/0254865 A1).
Claim 38: Gerson as modified discloses the apparatus as claimed in claim 36, further comprising
a fluid separator system (1112) for separating the condensable working fluid from the lubricant in the interior volume (functional language), the fluid separator system (1112) comprising:
a fluid separator chamber (1132);
a fluid separator inlet (inherent; inlet where the mix fluid enters separator) operatively connected to the interior volume (interior volume inside compressor) and configured to allow fluid communication between the interior volume and the fluid separator chamber (1132); wherein the fluid separator chamber (1132) is configured in use to provide a deceleration of fluid (functional language) entering the fluid separator chamber (1132) from the fluid separator inlet, such that, in use, the working fluid/lubricant mix entering the fluid separator chamber (1132) is decelerated, thereby separating at least some working fluid from the lubricant (functional language).
Gerson discloses the claimed limitations in claim 38, but fails to disclose a fluid separator shielding member arranged at the fluid separator inlet and configured to restrict a quantity of working fluid/lubricant mix entering the fluid separator inlet;
However, Overelv teaches a fluid separator shielding member (flow restriction 9 used as fluid separator shielding member paragraph [32]: comprising a flow restriction is beneficial if compressor is lubricated in a case let out amount of lubricant and maybe thereby end up in the separator, therefore the flow restriction prevent this from occurring) arranged at the fluid separator inlet (paragraph [32]: lubricant may end up in the inlet of separator) and configured to restrict a quantity of working fluid/lubricant mix entering the fluid separator inlet (paragraph [32]) for the purpose of returning the lubricant back to the compressor, therefore it is particularly beneficial if small amount of lubricant let out of the compressor and end up in the separator (paragraph [32]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Gerson to include a fluid separator shielding member arranged at the fluid separator inlet and configured to restrict a quantity of working fluid/lubricant mix entering the fluid separator inlet as taught by Overelv in order to return the lubricant back to the compressor.
Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over Gerson (US 2021/0285693 A1), in view of Benson (US 2014/0075970 A1), in view of Buese (US 2016/0091226 A1), in view of Overelv (US 2021/0254865 A1), and in view of Yokoyama (US 2009/0000872 A1).
Claim 39: Gerson as modified discloses the apparatus as claimed in claim 38, wherein the fluid separator system (1112) such that in use separated working fluid can be evacuated from the fluid separator chamber (1132), wherein the second condenser (1122) is operatively connected to the interior volume (interior volume inside compressor) via the fluid separator system (1112), such that in use, working fluid can be separated from the working fluid/lubricant mix by the fluid separator chamber (1132), and delivered to the condenser (1122).
Gerson discloses the claimed limitations in claim 39, but fails to disclose a fluid separator channel fluidly connected to the fluid separator chamber, such that in use separated working fluid can be evacuated through the fluid separator channel, and delivered to the condenser by the fluid separator channel.
However, Yokoyama teaches a fluid separator channel (separation tube 84 used as separator channel) fluidly connected to the fluid separator chamber (82), such that in use separated working fluid can be evacuated through the fluid separator channel (84), and delivered to the condenser (6) by the fluid separator channel (82) for the purpose preventing deterioration in lubrication performance by suppressing undesirable residence of lubricant in the chamber (paragraph [5]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Gerson to include a fluid separator channel fluidly connected to the fluid separator chamber, such that in use separated working fluid can be evacuated through the fluid separator channel, and delivered to the condenser by the fluid separator channel as taught by Yokoyama in order to prevent deterioration in lubrication performance by suppressing undesirable residence of lubricant in the chamber.
Claims 42, 44 are rejected under 35 U.S.C. 103 as being unpatentable over Gerson (US 2021/0285693 A1), in view of Overelv (US 2021/0254865 A1).
Claim 42: Gerson discloses a fluid separator system (1112) for separating a condensable working fluid from a lubricant in a working fluid/lubricant mix, the fluid separator system comprising:
a fluid separator chamber (1132);
a fluid separator inlet (inherent; inlet where the mix fluid enters separator);
wherein the fluid separator chamber (1132) is configured in use to provide a deceleration of fluid entering the fluid separator chamber (1132) from the fluid separator inlet, such that, in use, the working fluid/lubricant mix entering the fluid separator chamber (1132) is decelerated, thereby separating at least some of the working fluid from the lubricant (functional language).
Gerson discloses the claimed limitations in claim 42, but fails to disclose a fluid separator shielding member arranged at the fluid separator inlet and configured to restrict a quantity of working fluid/lubricant mix entering the fluid separator inlet;
However, Overelv teaches a fluid separator shielding member (flow restriction 9 used as fluid separator shielding member paragraph [32]: comprising a flow restriction is beneficial if compressor is lubricated in a case let out amount of lubricant and maybe thereby end up in the separator, therefore the flow restriction prevent this from occurring) arranged at the fluid separator inlet (paragraph [32]: lubricant may end up in the inlet of separator) and configured to restrict a quantity of working fluid/lubricant mix entering the fluid separator inlet (paragraph [32]) for the purpose of returning the lubricant back to the compressor, therefore it is particularly beneficial if small amount of lubricant let out of the compressor and end up in the separator (paragraph [32]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the invention of Gerson to include a fluid separator shielding member arranged at the fluid separator inlet and configured to restrict a quantity of working fluid/lubricant mix entering the fluid separator inlet as taught by Overelv in order to return the lubricant back to the compressor.
Claim 44: Gerson as modified discloses the apparatus as claimed in claim 42 a method of separating a working fluid from a working fluid/lubricant mix (paragraph [66]: separating lubricant from fluid from compressor) the method comprising the steps of:
providing a fluid separator system (1112);
passing a working fluid/lubricant mix (paragraph [66]) past the fluid separator shielding member (Overelv, 9), thereby delivering a restricted quantity of working fluid/lubricant mix to the fluid separator inlet (inlet where the mix fluid enters separator);
passing the working fluid/lubricant mix through the fluid separator inlet (inlet where the mix fluid enters separator) to the fluid separator chamber (1132);
decelerating the working fluid/lubricant mix in the fluid separator chamber (1132), thereby separating at least some of the working fluid from the working fluid/lubricant mix.
Claims 43, 45 are rejected under 35 U.S.C. 103 as being unpatentable over Gerson (US 2021/0285693 A1), in view of Overelv (US 2021/0254865 A1), and in view of Yokoyama (US 2009/0000872 A1).
Claim 43: Gerson as modified further fails to disclose a fluid separator channel fluidly connected to the fluid separator chamber, such that in use separated working fluid can be evacuated from the fluid separator chamber through the fluid separator channel.
However, Yokoyama teaches a fluid separator channel (separation tube 84 used as separator channel) fluidly connected to the fluid separator chamber (82), such that in use separated working fluid can be evacuated from the fluid separator chamber (82) through the fluid separator channel (84) for the purpose preventing deterioration in lubrication performance by suppressing undesirable residence of lubricant in the chamber (paragraph [5]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Gerson to include a fluid separator channel fluidly connected to the fluid separator chamber, such that in use separated working fluid can be evacuated from the fluid separator chamber through the fluid separator channel as taught by Yokoyama in order to prevent deterioration in lubrication performance by suppressing undesirable residence of lubricant in the chamber.
Claim 45: Gerson as modified further fails to disclose a step of: evacuating separated working fluid from the fluid separator chamber through a fluid separator channel.
However, Yokoyama teaches evacuating separated working fluid from the fluid separator chamber (82) through a fluid separator channel (separation tube 84 used as separator channel) for the purpose preventing deterioration in lubrication performance by suppressing undesirable residence of lubricant in the chamber (paragraph [5]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to further modify the invention of Gerson to include evacuating separated working fluid from the fluid separator chamber through a fluid separator channel as taught by Yokoyama in order to prevent deterioration in lubrication performance by suppressing undesirable residence of lubricant in the chamber.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure which is relevant to compression system:
Bandhauer (US 2021/0156597 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAMRAN TAVAKOLDAVANI whose telephone number is (313)446-6612. The examiner can normally be reached on M-F 8:00 am to 5:00 pm EST.
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/KAMRAN TAVAKOLDAVANI/Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763