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: expansion device (e.g. an expansion valve or turbine) in claim 6.
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.
Claim 13 is 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 13 recites “cooling air” but it is unclear if said cooling air refers to the cooling air as recited in claim 7, from which claim 13 depends. Claim 13 is interpreted not to refer to the cooling air as recited in claim 7.
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) 1-8, 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zug (US 20200070986) in view of Klimpel (US 20150013355).
Regarding claim 1,
Referring to Fig. 2, Zug teaches an environmental control system (ECS) 200 of an aircraft (see par. 2), comprising: a vaper compression system (VCS) 210 having a compressor 212; and an air cycle machine (ACM) 204 including a first turbine 208 and a drive shaft 218 coupled to the first turbine.
Zug does not teach a case; and a driven shaft coupled to the compressor, wherein the compressor and the driven shaft are sealed within the case, the first turbine 208 and the drive shaft 218 coupled to the first turbine and which are outside the case, wherein the drive shaft and the driven shaft are coupled to each other via a coupling.
Referring to Figs. 2-3, Klimpel, directed to an aircraft air conditioning system, teaches a case 92; and a driven shaft 82b coupled to a compressor 72, wherein the compressor and the driven shaft are sealed within the case (see pars. 32, 62), a first driving machine (e.g. compressor) 18 and a drive shaft 82a coupled to the first driving machine and which are outside the case 92, wherein the drive shaft 82a and the driven shaft 82b are coupled to each other via a coupling 86.
Klimpel teaches that said case prevents refrigerant circulating in a refrigerant circuit of case 92 from exiting the case 92 (see par. 62). Accordingly, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify Zug by Klimpel with the motivation of preventing refrigerant circulating in the refrigerant circuit 210 from exiting.
Regarding claim 2,
Zug as modified above teaches wherein the coupling is a magnetic coupling (see Klimpel, par. 62).
Regarding claims 3-5,
Zug as modified above does not teach wherein the coupling is an electromagnetic coupling, or a gear coupling, or wherein the coupling is a clutch coupling.
However, the examiner takes official notice that the use of, and advantages of electromagnetic couplings, gear couplings, or clutch couplings would be well known to one of ordinary skill in the art, and it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify Zug as modified above with the motivation of obtaining the known advantages of electromagnetic couplings (e.g. reduction of friction and improved accuracy and control), gear couplings (e.g. easily increasing or decreasing speed or torque of the shafts), or clutch couplings (e.g. allowing for engagement and disengagement of the shafts).
Regarding claim 6,
Zug teaches wherein the VCS includes a condenser 216, an evaporator 214 and an expansion device 213 arranged in a cycle with the compressor, and wherein the evaporator receives and cools a first airflow and directs the first airflow toward a cargo bay 201 of the aircraft (e.g. via line 226, see par. 17).
Regarding claim 7,
Zug teaches wherein the ACM further includes a heat exchanger 206 that receives cooling air (e.g. ram air via line 264 or bay air via line 270 or pressurized air via line 240) and directs a second airflow to the first turbine 208 (e.g. via line 222), and the first turbine extracts energy from the second airflow to drive the compressor (see par. 19).
Regarding claim 8,
Zug teaches wherein the heat exchanger is a crossflow heat exchanger (impliedly taught in par. 19).
Regarding claim 12,
Zug teaches wherein the VCS further includes a conduit 246 extending from the evaporator to the cargo bay and a fan 248 is disposed in the conduit to direct air from the cargo bay toward the evaporator to thereby recirculate the first airflow.
Regarding claim 13,
Zug teaches wherein the condenser receives and heats cooling air (see Fig. 2), but does not teach wherein the condenser directs the cooling air toward a de-icing system, but the examiner takes official notice that the use of, and advantages of, using heated air in a de-icing system (e.g. to de-ice the aircraft) would be well known to one of ordinary skill in the art.
Regarding claim 14,
Zug as modified above teaches wherein the case is hermetically sealed (see Klimpel, par. 62).
Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zug (US 20200070986) in view of Klimpel (US 20150013355) and Bruno ( US 20160312648).
Regarding claim 9,
Zug does not teach wherein the ACM further includes: a water separator that receives the second airflow from the first turbine and removes water from the second airflow; and a second turbine that is connected to the first turbine by a second turbine shaft, wherein the second turbine receives the second airflow from the water separator and the first and second turbines drive the compressor, wherein the second airflow is directed from the second turbine toward a cabin of the aircraft.
Bruno, directed to an aircraft environmental control system, teaches a water separator 270 that receives a second airflow from a first turbine 247 and removes water from the second airflow; and a second turbine 243 that is connected to the first turbine by a second turbine shaft 249, wherein the second turbine receives the second airflow from the water separator and the first and second turbines drive a compressor 244, wherein the second airflow is directed from the second turbine toward a cabin 202 of the aircraft.
It would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify Zug by Bruno with the motivation of dehumidifying an airflow which may increase the comfort of users of the system.
Regarding claims 10-11,
Zug as modified above does not wherein the ACM further comprises: a first conduit between the first turbine and the heat exchanger, and a first control valve in the first conduit; a second conduit between the first turbine and the water separator, and a second control valve in the second conduit; and a third conduit between the heat exchanger and the water separator, and a third control valve in the third conduit, wherein the first turbine is bypassed by closing the first and second control valves and opening the third control valve.
Bruno teaches wherein the ACM further comprises: a first conduit between a first turbine and an inlet airflow; a second conduit between the first turbine and the water separator 270 ; and a third conduit between the inlet airflow and the water separator, and a control valve in the third conduit.
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It would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify Zug by Bruno with the motivation of optionally bypassing the turbine and thereby, for example, reducing wear of the turbine.
Please note that Zug as modified above does not teach a first control valve in the first conduit, and a second control valve in the second conduit, wherein the first turbine is bypassed by closing the first and second control valves and opening the third control valve.
but the examiner takes official notice that the use of, and advantages of, control valves would be well known to one of ordinary skill in the art, and it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify Zug as modified above with the motivation of further controlling the flow through the conduits.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVE S TANENBAUM whose telephone number is (313)446-6522. The examiner can normally be reached M-F 11 AM - 7 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/Steve S TANENBAUM/ Examiner, Art Unit 3763
/FRANTZ F JULES/ Supervisory Patent Examiner, Art Unit 3763