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 .
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.
Examiner’s Comments
1. For applicant’s information, the amendment to claim 1, which removed the informality, overcomes the previous rejection under 35 U.S.C. §112, second paragraph, as being indefinite. Therefore, the rejection has been withdrawn.
Claim Rejections - 35 USC § 112
2. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim1, lines 16-17; the limitation, “first valve means configured to proportionally vary the refrigerant flow rate” appears to lack support in the application as originally filed. The present application does not further disclose a structure capable of enabling configuration of the first valve means so as to proportionally vary the refrigerant flow rate recited within the claim. The present disclosure does not provide details on how one of ordinary skill in the art would measure, maintain, or ensure this condition.
Regarding claim1, line 18; the limitation, “virtue of the variation” appears to lack support in the application as originally filed. The present disclosure does not provide details on how one of ordinary skill in the art would measure, maintain, or ensure this condition.
Regarding claim1, lines 20-21; the limitation, “the environmental conditions favor the evaporation” appears to lack support in the application as originally filed. The present disclosure does not provide details on how one of ordinary skill in the art would measure, maintain, or ensure this condition.
Claims 2-11 are rejected based upon their dependency from claim 1.
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 1-11 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.
Regarding claim 1, lines 16-17; the limitations, “first valve means configured to proportionally vary the refrigerant flow rate” is unclear. In so far that this limitation may require a conditional optimization algorithm, it is unclear what algorithm would yield this function as described within the claim. As such the claim limitation is indefinite.
Regarding claim 1, lines 18; the limitations, “virtue of the variation” it is unclear what constitutes the virtue of the variation. As such the claim limitation is indefinite.
Regarding claim 1, line 20; recites the limitation "the refrigerant flow rate". There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 1, lines 20-21; the limitations, “the environmental conditions favor the evaporation” it is unclear what constitutes the environmental conditions favor. As such the claim limitation is indefinite.
Claims 2-11 are rejected based upon their dependency from claim 1.
Claim Rejections - 35 USC § 102
3. 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 1, 2, 4 and 7-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GUERRA (U.S. PB Pub No.: 2011/0225996 A1), hereinafter referred to as GUERRA ‘996.
Regarding claim 1, GUERRA ‘966 discloses an absorption heat pump (1) comprising a generator (2) adapted to produce steam starting from a first fluid (ammonia) and comprising a first outlet for supplying said steam, by means of a first line (3), to a condenser (4) in heat exchange contact with a heat-transfer fluid {see Fig. 2: ¶ [0021]}; an evaporator (7) fed by a second line (6) arranged downstream of the condenser and comprising at least one first expansion valve (5) {see ¶ [0022]}; an absorber (10) provided with a feeding inlet (10B), connected to a third line (8) which leads said steam exiting the evaporator (7B), and with an outlet (10C) for an enriched solution of said first fluid absorbed in a second fluid (water) {see Fig. 2: ¶¶ [0021-0023]}; a heat exchanger (13), in heat transfer contact with said heat-transfer fluid, provided with an inlet connected to the (10C) outlet of the absorber {see ¶ ¶ [0023-0024] and [0046]}; a pump (14) having a suction side connected to an outlet (13B) of the heat exchanger {see ¶¶ [0024] and [0026]}; a circuit (16A, 16B), in heat transfer contact with the absorber and having an inlet (16), connected by means of a fourth line (15) to a delivery side of the pump, and an outlet (10D) connected to a rich solution inlet (2B) of the generator by means of a fifth line (18) {see Fig. 2: ¶¶ [0025], [0027] and [0029]}; a bypass line (80) of the absorber connected to said fourth line and provided with a valve (81) adapted to allow said absorber to be at least partially excluded from the circuit {see ¶ [0030]}; a sampling line (20) adapted to introduce the refrigerant liquid into the rich solution at an introduction point (22) downstream of the pump {see Fig. 2: ¶¶ [0029-0030] and [0041-0041}; wherein said generator comprises a second lean solution outlet (2C) connected by a sixth lean solution line (19) to a lean solution inlet (10A) of the absorber, said sixth lean solution line comprising first valve means (30) configured to proportionally vary the refrigerant flow rate withdrawn downstream of the condenser by means of a line (20) directed to an injector (22), by virtue of the variation of the rich solution flow rate in the bypass and therefore vary the refrigerant flow rate to the evaporator, so as to increase the refrigerant flow rate to the evaporator when the environmental conditions favor the evaporation thereof, wherein said first valve means comprise at least one variable expansion valve (30A) {see Fig. 2: ¶¶ [0028-0030], [0041-0042] and [0044]}.
Regarding claim 2, GUERRA ‘966 discloses the absorption heat pump according to claim 1, further comprising second control valve means (82), arranged on said line (20) leading to said injector (22) and adapted to reduce the withdrawal of refrigerant caused by the injector (22) downstream of the condenser (4) {as shown in Fig. 1A: ¶ [0041]}.
Regarding claim 4, GUERRA ‘966 discloses the absorption heat pump according to claim 1, wherein said first valve means comprise at least one variable expansion valve (30A) in series with a throttling valve (30) {as show in ¶ [0044]}.
Regarding claim 7, GUERRA ‘966 discloses the absorption heat pump according to claim 2, wherein said second valve means comprise an actuated valve (82) {as shown in Fig. 1A: ¶ [0041]}.
Regarding claim 8, GUERRA ‘966 discloses the absorption heat pump according to claim 7, wherein said second valve means comprise a further flow rate control member (82) {as shown in Fig. 1A: ¶ [0041]}.
Regarding claim 9, GUERRA ‘966 discloses the absorption heat pump according to claim 1, further comprising a heat exchanger (85) between said fifth line and said sixth lean solution line {as shown in Fig. 2: ¶ [0044]}.
Regarding claim 10, GUERRA ‘966 discloses the absorption heat pump according to claim 1, further comprising a throttling valve (30) placed in said sixth lean solution line, upstream of the heat exchanger {as shown in Fig. 2: ¶¶ [0028] and [0044]}.
Regarding claim 11, GUERRA ‘966 discloses the absorption heat pump according to claim 1, wherein said first fluid is ammonia and said second fluid is a solution of water and ammonia {see ¶¶ [0021], [0023] and [0025-0028]}.
Claim Rejections - 35 USC § 103
4. 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 of this title, 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.
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.
Claims 3, 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over GUERRA ‘996, in view of Tanda et al (U.S. PG Pub No.: 2014/0298837 A1), hereinafter referred to as Tanda et al ‘837.
Regarding claim 3, GUERRA ‘966 discloses the absorption heat pump according to claim 1, EXCEPT for the limitations of wherein said first valve means comprise at least one variable expansion valve in parallel with a throttling valve.
Tanda et al ‘837 teach: the concept of the valve means comprise at least one variable expansion valve (7) in parallel with a throttling valve (8) {as shown in Fig. 1A: ¶ [0047]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify GUERRA ‘966 first valve means by the first valve means of Tanda et al ‘837 so as to include at least one variable expansion valve in parallel with a throttling valve, in order to ensure a dehumidifying ability even during an intermediate thermal load time where an outside air temperature becomes high during a dehumidifying heating operation time {Tanda et al ‘837 – Abstract}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the GUERRA ‘966 in view of Tanda et al ‘837 to obtain the invention as specified in claim 3.
Regarding claim 5, GUERRA ‘966 discloses the absorption heat pump according to claim 1, Except for the limitation of wherein said first valve means comprise a first throttling valve in parallel to a variable expansion valve connected in series to a second throttling valve.
Tanda et al ‘837 teach: the concept of the valve means comprise a first throttling valve (17) in parallel to a variable expansion valve (12) connected in series to a second throttling valve (11) {as shown in Fig. 1A: ¶ [0047]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify GUERRA ‘966 first valve means by the first valve means of Tanda et al ‘837 so as to include a first throttling valve in parallel to a variable expansion valve connected in series to a second throttling valve, in order to ensure a dehumidifying ability even during an intermediate thermal load time where an outside air temperature becomes high during a dehumidifying heating operation time {Tanda et al ‘837 – Abstract}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the GUERRA ‘966 in view of Tanda et al ‘837 to obtain the invention as specified in claim 5.
Regarding claim 6, GUERRA ‘966 discloses the absorption heat pump according to claim 1, EXCEPT for the limitations of wherein said first valve means comprise two or more throttling valves of different sizes, which may be selected independently by means of actuated shut-off valves to discreetly vary the lean solution flow rate.
Tanda et al ‘837 teach: the concept of the valve means comprise two or more throttling valves (11, 17) of different sizes, which may be selected independently by means of actuated shut-off valves (12) to discreetly vary the lean solution flow rate {as shown in Fig. 1A: ¶¶ [0024], [0047] and [0072]}.
Since all claimed elements were known in the art at the time of the invention, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify GUERRA ‘966 first valve means by the first valve means of Tanda et al ‘837 so as to include two or more throttling valves of different sizes, which may be selected independently by means of actuated shut-off valves to discreetly vary the lean solution flow rate, in order to ensure a dehumidifying ability even during an intermediate thermal load time where an outside air temperature becomes high during a dehumidifying heating operation time {Tanda et al ‘837 – Abstract}.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify the GUERRA ‘966 in view of Tanda et al ‘837 to obtain the invention as specified in claim 6.
Response to Arguments
5. Applicant's arguments filed March 9th, 2026 have been fully considered but they are not persuasive for several reasons. In response to applicant's argument, page 4, paragraph 4, Applicant argues that the Guerra ‘996 reference does not disclose conditional control based on environmental conditions that “vary the refrigerant flow rate to the evaporator, so as to increase the refrigerant flow rate to the evaporator when the environmental conditions favor the evaporation thereof”. Applicant then inadvertently, admits that, this is “a conditional optimization algorithm for improving evaporator performance based on ambient conditions”. However, the present application does not disclose a structure capable of enabling configuration of the first valve means so as to proportionally vary the refrigerant flow rate recited within the claim. The present disclosure does not provide/or disclose the algorithm on how one of ordinary skill in the art would measure, maintain, or ensure this condition.
Conclusion
6. Applicant's amendment necessitated the new grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL E DUKE whose telephone number is (571)270-5290. The examiner can normally be reached on Monday thru Friday; 6:00 AM to 2:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FRANTZ JULES can be reached on (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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/EMMANUEL E DUKE/
Primary Examiner, Art Unit 3763
04/03/2026
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