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 .
Election/Restrictions
The previous US restriction requirement was mailed in error, given that the current application is filed as a national stage (371) of an international application which requires “lack of unity” practice. In an effort to expedite prosecution, the examiner has withdrawn the previous restriction and will proceed to examine previously restricted claims.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/19/2024 was filed after the mailing date of the instant application on 06/28/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-12 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.
As to claim 1, the recited limitation “a compressor main body, which is connected to an oil separator, which is connected to an oil flow divider, which is connected to an oil cooler and to the compressor main body” is not clear.
It is not clear whether the oil flow divider is also connected to the oil separator (“an oil separator, which is connected to an oil flow divider”) or only connected to the compressor main body (“a compressor main body, which is connected to an oil flow divider”). In an effort to expedite prosecution, the broadest reasonable interpretation is applied. Examiner interprets the limitation as “a compressor main body,
wherein the compressor main body is connected to an oil separator,
wherein the oil separator is connected to an oil flow divider,
wherein the oil flow divider is connected to an oil cooler and to the compressor main body” because the oil flow divider is already connected to the compressor main body.
Claim 1 also recited “a compressor main body, which is connected to an oil separator, which is connected to an oil flow divider, which is connected to an oil cooler and to the compressor main body.” However, the figures presented show that the oil separator is not directly connected to the oil flow divider. In an effort to expedite prosecution, the broadest reasonable interpretation is applied. Examiner interprets “connected to” as “fluidly communicated within the same fluid circuit.” For consistency, examiner applies this interpretation to all relevant claims.
As to claim 6, the recited limitation “a compressor main body, which is connected to an oil separator, which is connected to a heat exchanger, which is connected to an oil flow divider, which is connected to an oil cooler and the compressor main body” is not clear.
It is not clear whether the oil flow divider is also connected to the heat exchanger (“a heat exchanger, which is connected to an oil flow divider”) or only connected to the compressor main body (“a compressor main body, which is connected to an oil flow divider”). Also, it is not clear whether the heat exchanger is also connected to the oil separator (“an oil separator, which is connected to a heat exchanger”) or only connected to the compressor main body (“a compressor main body, which is connected to a heat exchanger”). Similarly, it is not clear whether the oil flow divider is also connected to the oil separator (“an oil separator, which is connected to an oil flow divider”) or only connected to the heat exchanger (“a heat exchanger, which is connected to an oil flow divider”). In an effort to expedite prosecution, the broadest reasonable interpretation is applied. Examiner interprets the limitation as “a compressor main body,
wherein the compressor main body is connected to an oil separator,
wherein the oil separator is connected to a heat exchanger,
wherein the heat exchanger is connected to an oil flow divider,
wherein the oil flow divider is connected to an oil cooler and to the compressor main body” because Fig. 1 shows the described interpretation.
Claim 6 recites the limitation "the setpoint" in the control device. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the storage tank" in an oil-cooled air compressor. There is insufficient antecedent basis for this limitation in the claim.
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 (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 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) 1, 5, 6, 10, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamamoto (EP 2949939).
Regarding claim 1, Yamamoto teaches a system for the recovery of waste heat energy contained in oil in an oil-cooled air compressor (Fig. 1, [0018]), which includes
a gas compressor (3, Fig. 1, [0019]) comprising at least a compressor main body (3, Fig. 1, [0019]),
wherein the compressor main body is connected to an oil separator (6, Fig. 1, [0019]),
wherein the oil separator is connected to an oil flow divider (9, Fig. 1, [0020]),
wherein the oil flow divider is connected to an oil cooler (13, Fig. 1, [0020], broadest reasonable interpretation for connected is sharing the same fluid circuit) and to the compressor main body (Fig. 1);
an oil temperature sensor (12, Fig. 1, [0029]);
a receiving side temperature sensor (11, Fig. 1, [0029]); and
a heat exchanger (10, Fig. 1, [0020]),
characterized in that the outlet of the oil side of the oil separator (4) is connected to the inlet of the oil side of the heat exchanger (9) (Fig. 1), and
the outlet of the oil side of the heat exchanger is connected to the oil flow divider (10) (Fig. 1).
Regarding claim 5, Yamamoto teaches an additional oil temperature sensor (19) is positioned downstream of the compressor main body (2) and upstream of the oil separator (4) (5, Fig. 1, [0051]).
Regarding claim 6, Yamamoto teaches a method for the recovery of waste heat energy contained in oil in an oil-cooled air compressor ([0053]), which comprises
at least a compressor main body (3, Fig. 1, [0019]),
wherein the compressor main body is connected to an oil separator (6, Fig. 1, [0019]),
wherein the oil separator is connected to a heat exchanger (10, Fig. 1, [0020]),
wherein the heat exchanger is connected to an oil flow divider (9, Fig. 1, [0020]),
wherein the oil flow divider is connected to an oil cooler (13, Fig. 1, [0025]) and to the compressor main body (Fig. 1);
a control device (32, Fig. 1);
an oil temperature sensor (5, Fig. 1, [0053]); and
a receiving side temperature sensor (12, Fig. 1, [0053]), characterised in that by means of a control device (12) the flow of the receiving medium is stopped ([0053], circulation pump 22 is stopped) when
the temperature of the oil returning to the compressor main body (2) is lower than the setpoint (setpoint being the temperature of 12, [0053]).
Regarding claim 10, Yamamoto teaches the temperature of the oil entering the heat exchanger (9) is measured by means of an oil temperature sensor (19) positioned between the compressor main body (2) and the oil separator (4) (5, Fig. 1, [0019], [0020]).
Regarding claim 12, Yamamoto teaches the temperature of the receiving water medium is measured by means of a temperature sensor (13) positioned in the storage tank (26, Fig. 1, [0036]).
Claim(s) 6, 7, 9, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (CN 203321783).
Regarding claim 6, Li teaches a method for the recovery of waste heat energy contained in oil in an oil-cooled air compressor (paragraph 25), which comprises
at least a compressor main body (1, Fig. 1, paragraph 21),
wherein the compressor main body is connected to an oil separator (24, Fig. 1, paragraph 38),
wherein the oil separator is connected to a heat exchanger (3, Fig. 1, paragraph 21),
wherein the heat exchanger is connected to an oil flow divider (2 and 12 combined, Fig. 1, paragraphs 21 and 29),
wherein the oil flow divider is connected to an oil cooler (13, Fig. 1, paragraph 29) and to the compressor main body (Fig. 1);
a control device (6, Fig. 1, paragraph 33);
an oil temperature sensor (8, Fig. 1, paragraph 33); and
a receiving side temperature sensor (16, Fig. 1, paragraph 33), characterised in that by means of a control device (12) the flow of the receiving medium is diverted away from the heat exchanger (9) (paragraph 33).
Regarding claim 7, Li teaches the temperature of the oil returning to the compressor main body (2) is measured by means of an oil temperature sensor (6) (16, Fig. 1, paragraph 30) positioned between the heat exchanger (9) and the oil flow divider (10) (Fig. 1, 16 is between 3 and 12).
Regarding claim 9, Li teaches the temperature of the oil entering the heat exchanger (9) is measured by means of an oil temperature sensor (5) (8, Fig. 1, paragraph 33) positioned between the oil separator (4) and the heat exchanger (9) (Fig. 1, paragraph 22).
Regarding claim 11, Li teaches the temperature of the water receiving medium is measured by means of a temperature sensor (20) (20, Fig. 1, paragraph 35) positioned at the entrance to the heat exchanger (9) (Fig. 1, paragraph 35).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto (EP 2949939) as applied to claim 1 above, and further in view of Li (CN 203321783).
Regarding claim 2, Yamamoto does not teach the oil temperature sensor (6) is positioned between the heat exchanger (9) and the oil flow divider (10).
However, Li teaches a waste heat recovery system of a lubricating oil type air compressor (Fig. 1, paragraph 21) comprising a compressor (1, Fig. 1, paragraph 21), a first temperature control valve (2, Fig. 2, paragraph 21), and a heat exchanger (3, Fig. 1, paragraph 21). The system also comprises an oil-gas separation barrel (24, Fig. 1, paragraph 38) connecting the compressor and the first temperature control valve (Fig. 1, paragraph 38). Li additionally teaches a second temperature sensor (8, Fig. 1, paragraph 22) between the first temperature control valve and the heat exchanger (paragraph 22) and a third temperature sensor (16, Fig. 1, paragraph 30) at the outlet of the heat exchanger (paragraph 30). The second temperature sensor and the third temperature sensor is used to detect whether the heat exchanger is working normally (paragraph 33).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Yamamoto to provide a temperature sensor between the flow divider (Yamamoto: 9, “temperature control valve”) and the heat exchanger (Yamamoto: 10) and another temperature sensor at the outlet of the heat exchanger in order to detect whether the heat exchanger is working normally (Li: paragraph 33).
Regarding claim 4, Yamamoto does not teach an additional oil temperature sensor (5) is positioned between the oil separator (4) and the heat exchanger.
However, Li teaches a waste heat recovery system of a lubricating oil type air compressor (Fig. 1, paragraph 21) comprising a compressor (1, Fig. 1, paragraph 21), a first temperature control valve (2, Fig. 2, paragraph 21), and a heat exchanger (3, Fig. 1, paragraph 21). The system also comprises an oil-gas separation barrel (24, Fig. 1, paragraph 38) connecting the compressor and the first temperature control valve (Fig. 1, paragraph 38). Li additionally teaches a second temperature sensor (8, Fig. 1, paragraph 22) between the first temperature control valve and the heat exchanger (paragraph 22) and a third temperature sensor (16, Fig. 1, paragraph 30) at the outlet of the heat exchanger (paragraph 30). The second temperature sensor and the third temperature sensor is used to detect whether the heat exchanger is working normally (paragraph 33).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Yamamoto to provide a temperature sensor between the flow divider (Yamamoto: 9, “temperature control valve”) and the heat exchanger (Yamamoto: 10) and another temperature sensor at the outlet of the heat exchanger in order to detect whether the heat exchanger is working normally (Li: paragraph 33).
Claim(s) 3 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto (EP 2949939) as applied to claim 1 above, and further in view of Lu (CN 111692076).
Regarding claim 3, Yamamoto does not teach the oil temperature sensor (18) is positioned at the injection point of the oil into the compressor main body (2).
However, Lu teaches a waste heat recovery type air compressor (Fig. 3, paragraph 21) including a compressor main body (2, Fig. 3, paragraph 21), connected to an oil and gas separator (5, Fig. 3, paragraph 21), and an oil side waste heat recovery device (8, Fig. 3, paragraph 24) between the oil outlet of the oil and gas separator and the oil inlet of the compressor main body (Fig. 3). The waste heat recovery type air compressor further includes a controller (10, Fig. 3, paragraph 21), an oil filter (9, Fig. 3, paragraph 24) between the oil side waste heat recovery device and the compressor main body (Fig. 3, paragraph 24) and a temperature sensor (11, Fig. 3, paragraph 28).
The oil side waste heat recovery device includes a lubricating oil passage, between the outlet of the oil and gas separator and the inlet of the oil filter, a refrigerant passage, and a cooling water passage (paragraph 26). The refrigerant passage is used to recover heat in the lubricating oil for use in an external heating device (paragraph 26). The refrigerant passage outlet is provided with a second electric valve (13, Fig. 3, paragraph 28), and the refrigerant passage inlet is provided with a fourth electric valve (15, Fig. 3, paragraph 28). The cooling water passage is used to cool the lubricating oil by cooling water if the temperature of the oil is too high after the heat exchange of the refrigerant (paragraph 26). The cooling water passage outlet is provided with a first electric valve (12, Fig. 3, paragraph 28), and the cooling water passage inlet is provided with a third electric valve (14, Fig. 3, paragraph 28).
Lu teaches having too high or too low oil temperature is not conducive to the operation of the compressor main body (2, paragraph 30). The temperature sensor is used to detect this oil temperature and is installed at the oil inlet of the compressor main body (2, Fig. 3, paragraph 30) between the oil filter and the compressor main body (Fig. 3). When the compressor is running normally, the controller opens the second and fourth electric valves to use the refrigerant to cool the lubricating oil (paragraph 30, to recover heat as described above). The controller also closes the first and third electric valves to stop the cooling water from cooling the lubricating oil (paragraph 30). If the detected temperature is higher than the upper limit of the set value, the temperature sensor indicates that the refrigerant cannot reduce the lubricating oil temperature to the set value (paragraph 30). The controller closes the second and fourth electric valves and suspend the refrigerant passage (paragraph 30). The controller also opens the first and third electric valves, and the cooling water is used to cool the lubricating oil instead of the refrigerant (paragraph 30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Yamamoto to use the control system of Lu in order to prevent high oil temperature from affecting operation of the compressor (Lu: paragraph 30). The modification would include providing a temperature sensor between the oil filter (Yamamoto: 16) and the compressor (Yamamoto: 3), a second electric valve at the heat medium outlet piping (Yamamoto: 18), a fourth electric valve at the heat medium inlet piping (Yamamoto: 17), a cooling water passage through the heat exchanger (Yamamoto: 10) with a first electric valve at the outlet and a third electric valve at the inlet, and a controller to open and close respective valves as described in Lu above when the compressor is operating normally and when the oil inlet temperature is above a set upper limit (Lu: paragraph 30).
Regarding claim 8, Yamamoto does not teach the temperature of the oil returning to the compressor main body (2) is measured by means of an oil temperature sensor (18) positioned at the injection point of the oil into the compressor main body (2).
However, Lu teaches a waste heat recovery type air compressor (Fig. 3, paragraph 21) including a compressor main body (2, Fig. 3, paragraph 21), connected to an oil and gas separator (5, Fig. 3, paragraph 21), and an oil side waste heat recovery device (8, Fig. 3, paragraph 24) between the oil outlet of the oil and gas separator and the oil inlet of the compressor main body (Fig. 3). The waste heat recovery type air compressor further includes a controller (10, Fig. 3, paragraph 21), an oil filter (9, Fig. 3, paragraph 24) between the oil side waste heat recovery device and the compressor main body (Fig. 3, paragraph 24) and a temperature sensor (11, Fig. 3, paragraph 28).
The oil side waste heat recovery device includes a lubricating oil passage, between the outlet of the oil and gas separator and the inlet of the oil filter, a refrigerant passage, and a cooling water passage (paragraph 26). The refrigerant passage is used to recover heat in the lubricating oil for use in an external heating device (paragraph 26). The refrigerant passage outlet is provided with a second electric valve (13, Fig. 3, paragraph 28), and the refrigerant passage inlet is provided with a fourth electric valve (15, Fig. 3, paragraph 28). The cooling water passage is used to cool the lubricating oil by cooling water if the temperature of the oil is too high after the heat exchange of the refrigerant (paragraph 26). The cooling water passage outlet is provided with a first electric valve (12, Fig. 3, paragraph 28), and the cooling water passage inlet is provided with a third electric valve (14, Fig. 3, paragraph 28).
Lu teaches having too high or too low oil temperature is not conducive to the operation of the compressor main body (2, paragraph 30). The temperature sensor is used to detect this oil temperature and is installed at the oil inlet of the compressor main body (2, Fig. 3, paragraph 30) between the oil filter and the compressor main body (Fig. 3). When the compressor is running normally, the controller opens the second and fourth electric valves to use the refrigerant to cool the lubricating oil (paragraph 30, to recover heat as described above). The controller also closes the first and third electric valves to stop the cooling water from cooling the lubricating oil (paragraph 30). If the detected temperature is higher than the upper limit of the set value, the temperature sensor indicates that the refrigerant cannot reduce the lubricating oil temperature to the set value (paragraph 30). The controller closes the second and fourth electric valves and suspend the refrigerant passage (paragraph 30). The controller also opens the first and third electric valves, and the cooling water is used to cool the lubricating oil instead of the refrigerant (paragraph 30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Yamamoto to use the control system of Lu in order to prevent high oil temperature from affecting operation of the compressor (Lu: paragraph 30). The modification would include providing a temperature sensor between the oil filter (Yamamoto: 16) and the compressor (Yamamoto: 3), a second electric valve at the heat medium outlet piping (Yamamoto: 18), a fourth electric valve at the heat medium inlet piping (Yamamoto: 17), a cooling water passage through the heat exchanger (Yamamoto: 10) with a first electric valve at the outlet and a third electric valve at the inlet, and a controller to open and close respective valves as described in Lu above when the compressor is operating normally and when the oil inlet temperature is above a set upper limit using the temperature sensor (Lu: 11) to measure the temperature of the oil at the inlet of the compressor (Lu: paragraph 30).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to An Bach Phan whose telephone number is (571)272-7244. The examiner can normally be reached M-F, 7-3 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at (571)272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.B.P./Examiner, Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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