Prosecution Insights
Last updated: April 19, 2026
Application No. 18/752,075

Condensate Reuse for HVAC Efficiency Improvement

Non-Final OA §103
Filed
Jun 24, 2024
Examiner
VAZQUEZ, ANA M
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Budderfly Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
97%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
686 granted / 857 resolved
+10.0% vs TC avg
Strong +17% interview lift
Without
With
+17.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
40 currently pending
Career history
897
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
46.5%
+6.5% vs TC avg
§102
23.2%
-16.8% vs TC avg
§112
25.2%
-14.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 857 resolved cases

Office Action

§103
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 06/24/2024 was filed on the filing date of the instant application. 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 § 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. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mohammad (US 2020/0208887) in view of Yu (CN 209857691 U, refer to attached translation). Regarding claim 1, Mohammad discloses a fluid distribution system (refer to fig. 5) for controlling distribution of fluid to cooling flow over a condenser (152) of an air conditioning, refrigeration or heat pump system comprising: a controller (176); one or more sensors (182); one or more distribution elements (166 and 174) configured to distribute fluid, the one or more distribution elements comprising first distributor (166) and a second distributor (174); the controller (176) configured to receive sensor data from the one or more sensors and in response to the sensor data, the controller configured to control one or more fluid distribution elements (refer to par. 55, wherein sensors 182 provide feedback or data indicative of an operating parameter of the HVAC system, and the controller 176 is configured to control operation of pump 166); wherein when the sensor data indicates temperature above a first threshold value, the controller is configured to distribute fluid into cooling flow for the condenser using the first distributor (refer to par. 56, wherein the controller 176 may increase a speed of the pump 166 (the first distributor) to increase a flow rate of cooling fluid onto the condenser 152 when a temperature of the ambient air flow 157 increases; increasing a flow rate of the cooling fluid may increase an amount of cooling fluid that may exchange thermal energy with the ambient air flow 157 and further reduce a temperature of the ambient air flow 157). While Mohammad discloses the second distributor configured to drain the fluid distribution system (refer to par. 53), Mohammad fails to explicitly disclose wherein when the sensor data indicates temperature below a second threshold value, the controller is configured to adjust the second distributor to drain the fluid distribution system. However, Yu teaches that it is known in the art of refrigeration (refer to fig. 1), to provide one or more distribution elements comprising a first distributor (refer to spray water pump 13) and a second distributor (refer to channel including automatic drain valve 15) configured to distribute fluid, wherein when a sensor data indicates temperature above a first threshold value, a controller is configured to distribute fluid into cooling flow for a heat exchanger using the first distributor (refer to page 4, second paragraph, lines 23-27, wherein when ambient temperature monitored by a first temperature sensor 20 is higher than the system set value and stays above a temperature point for a long time, the control system runs in a spring, summer and autumn water-saving mode, such that the control system controls the spray water pump 13 to operate, the spray water system works, and the cooling water is evenly sprayed on the surface of the heat exchanger through the spray water system to form a water film), and wherein when the sensor data indicates temperature below a second threshold value, the controller is configured to adjust the second distributor to drain the fluid distribution system (refer to page 4, second paragraph, lines 1-3 and 18-21, wherein in a winter water stop mode, and for energy saving purposes, when the ambient temperature monitored by the first temperature sensor 20 is lower than the system set value and stays below this temperature point for a long time, the system runs in the winter water stop mode, such that the control system controls the first distributor 13 to stop, and opens the second distributor 15 to drain the fluid from the system, ensuring that fluid tank 14 and the spray water pump 13 will not cause freezing and damage the equipment structure). Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Mohammad such that when the sensor data indicates temperature below a second threshold value, the controller is configured to adjust the second distributor to drain the fluid distribution system in view of the teachings by Yu, in order to avoid freezing and damage of equipment structure if temperatures fall below the second threshold value. Regarding claim 2, Mohammad as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Mohammad as modified discloses wherein the first distributor includes a pump (refer to pump 166). Regarding claim 3, Mohammad as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Mohammad as modified discloses wherein the second distributor includes a valve (refer to valve 15 as taught by Yu). Regarding claim 4, Mohammad as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Mohammad as modified discloses a reservoir (164) arranged to collect condensed fluid from an evaporator (154), the reservoir (164) arranged to feed the fluid which is distributed into the cooling flow and the second distributor arranged to drain the reservoir (refer to fig. 5). Regarding claim 5, Mohammad as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Mohammad as modified discloses wherein at least a first one of the one or more sensors (182) is arranged to measure a temperature at or adjacent the condenser (as can be seen on a surface of condenser 152, fig. 5) and sensor data from the first one of the one or more sensors is compared to the first threshold to determine if fluid is distributed into the cooling flow. Regarding claim 6, Mohammad as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Mohammad as modified discloses wherein at least a first one of the one or more sensors (182 on a surface of condenser 152 as can be seen from fig. 5) is arranged to measure an ambient temperature at or adjacent a unit which includes the condenser (refer to par. 55, wherein sensors 182 may provide feedback or data indicative of an operating parameter of the HVAC system 150, such as a temperature of the ambient air flow 157, a pressure of the ambient air flow 157, a humidity of the ambient air flow 157, another suitable parameter, or any combination thereof) and sensor data from the first one of the one or more sensors (182) is compared to the first threshold to determine if fluid is distributed into the cooling flow. Regarding claim 7, Mohammad as modified meets the claim limitations as disclosed above in the rejection of claim 5. Further, Mohammad as modified discloses at least a second one of the one or more sensors is arranged to measure an ambient temperature at or adjacent a unit which includes the condenser (refer to par. 55, wherein sensors 182 may provide feedback or data indicative of an operating parameter of the HVAC system 150, such as a temperature of the ambient air flow 157 from unit 152) and sensor data from the first and second ones of the one or more sensors is compared to the first threshold to determine if fluid is distributed into the cooling flow, but Mohammad as modified fails to explicitly disclose wherein the first threshold comprises at least two threshold values associated with different ones of the one or more sensors, such that sensor data from the first and second ones of the one or more sensors is compared to corresponding threshold values of the first threshold. However, Yu further teaches that it is known in the art of refrigeration, to provide at least two threshold values associated with different ones of one or more sensors (refer to page 4, par. 2, lines 1-3 and 13-18, wherein in a winter water stop mode, the system measures an ambient temperature monitored by a first temperature sensor 20 and compares to a system set value, and when said first temperature sensor 20 detects that the ambient temperature continues to decrease, a value monitored by a second temperature sensor 19 is used as a system variable parameter, to ensure safe operation of the equipment). One having ordinary skill in the art of refrigeration would recognize that by providing the first threshold comprising at least two threshold values associated with different sensors, it will provide more accurate control of the fluid distribution elements. Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Mohammad such that the first threshold comprises at least two threshold values associated with different ones of the one or more sensors as taught by Yu, such that sensor data from the first and second ones of the one or more sensors is compared to corresponding threshold values of the first threshold to determine if fluid is distributed into the cooling flow, in order to provide more accurate control of the fluid distribution elements, therefore, ensuring safe operation of the equipment in the system. Regarding claim 8, Mohammad as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Mohammad as modified discloses wherein the first distributor (166) is configured to spray water into the cooling flow (through outlets 170). Regarding claim 9, Mohammad as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Mohammad as modified discloses wherein the controller (176) is configured to receive a selection (refer to par. 55, wherein in the instant case said selection is provided by sensor 182 which includes indication of a temperature of the refrigerant, or a pressure of the refrigerant in the condenser 152) indicative of a refrigerant type used in the condenser (wherein said indications are from the refrigerant type used in the condenser, which in the instant case includes R-410A, as in par. 30) and one or more values of the first threshold are based on the selection (temperature or pressure). Regarding claims 10-11, Mohammad discloses a fluid distribution system for controlling distribution of fluid to cooling flow over a condenser (152) of an air conditioning, refrigeration or heat pump system: a controller (176); one or more sensors (182); one or more distribution elements configured to distribute fluid, the one or more distribution elements comprising first distributor (166); the controller configured to receive sensor data from the one or more sensors and in response to the sensor data, the controller configured to control one or more fluid distribution elements (refer to par. 55, wherein sensors 182 provide feedback or data indicative of an operating parameter of the HVAC system, and the controller 176 is configured to control operation of pump 166); wherein when the sensor data indicates temperature above a first threshold value, the controller is configured to distribute fluid into cooling flow for the condenser using the first distributor (refer to par. 56, wherein the controller 176 may increase a speed of the pump 166 (the first distributor) to increase a flow rate of cooling fluid onto the condenser 152 when a temperature of the ambient air flow 157 increases; increasing a flow rate of the cooling fluid may increase an amount of cooling fluid that may exchange thermal energy with the ambient air flow 157 and further reduce a temperature of the ambient air flow 157). While Mohammad discloses the sensor data, Mohammad fails to explicitly disclose wherein when the sensor data indicates temperature below the first threshold value, the controller is configured to not distribute fluid into the cooling flow, and when the sensor data indicates temperature below a second threshold value, the controller is configured to adjust a second distributor to drain the fluid distribution system. However, Yu teaches that it is known in the art of refrigeration (refer to fig. 1), to provide one or more distribution elements comprising a first distributor (refer to spray water pump 13) and a second distributor (refer to channel including automatic drain valve 15) configured to distribute fluid, wherein when a sensor data indicates temperature above a first threshold value, a controller is configured to distribute fluid into cooling flow for a heat exchanger using the first distributor (refer to page 4, second paragraph, lines 23-27, wherein when ambient temperature monitored by a first temperature sensor 20 is higher than the system set value and stays above a temperature point for a long time, the control system runs in a spring, summer and autumn water-saving mode, such that the control system controls the spray water pump 13 to operate, the spray water system works, and the cooling water is evenly sprayed on the surface of the heat exchanger through the spray water system to form a water film), and wherein when the sensor data indicates temperature below the first threshold value, the controller is configured to not distribute fluid into the cooling flow (refer to page 4, second paragraph, lines 1-3 and 18-21, wherein in a winter water stop mode, and for energy saving purposes, when the ambient temperature monitored by the first temperature sensor 20 is lower than the system set value and stays below this temperature point for a long time, the system runs in the winter water stop mode, such that the control system controls the first distributor 13 to stop, and opens a second distributor 15 to drain the fluid from the system, ensuring that fluid tank 14 and the spray water pump 13 will not cause freezing and damage the equipment structure). Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Mohammad such that when the sensor data indicates temperature below the first threshold value, the controller is configured to not distribute fluid into the cooling flow and when the sensor data indicates temperature below a second threshold value, the controller is configured to adjust a second distributor to drain the fluid distribution system in view of the teachings by Yu, in order to avoid freezing and damage of equipment structure if temperatures fall below the first threshold value. Regarding claim 12, Mohammad as modified meets the claim limitations as disclosed above in the rejection of claim 10. Further, Mohammad as modified discloses wherein the first distributor includes a pump (refer to pump 166). Regarding claim 13, Mohammad as modified meets the claim limitations as disclosed above in the rejection of claim 11. Further, Mohammad as modified discloses wherein the second distributor includes a valve (refer to valve 15 as taught by Yu). Regarding claim 14, Mohammad as modified meets the claim limitations as disclosed above in the rejection of claim 10. Further, Mohammad as modified discloses a reservoir (164) arranged to collect condensed fluid from an evaporator (154), the reservoir (164) arranged to feed the fluid which is distributed into the cooling flow and the second distributor arranged to drain the reservoir (refer to fig. 5). Regarding claim 15, Mohammad as modified meets the claim limitations as disclosed above in the rejection of claim 10. Further, Mohammad as modified discloses wherein at least a first one of the one or more sensors (182) is arranged to measure a temperature at or adjacent the condenser (as can be seen on a surface of condenser 152, fig. 5) and sensor data from the first one of the one or more sensors is compared to the first threshold to determine if fluid is distributed into the cooling flow. Regarding claim 16, Mohammad as modified meets the claim limitations as disclosed above in the rejection of claim 10. Further, Mohammad as modified discloses wherein at least a first one of the one or more sensors (182 on a surface of condenser 152 as can be seen from fig. 5) is arranged to measure an ambient temperature at or adjacent a unit which includes the condenser (refer to par. 55, wherein sensors 182 may provide feedback or data indicative of an operating parameter of the HVAC system 150, such as a temperature of the ambient air flow 157, a pressure of the ambient air flow 157, a humidity of the ambient air flow 157, another suitable parameter, or any combination thereof) and sensor data from the first one of the one or more sensors (182) is compared to the first threshold to determine if fluid is distributed into the cooling flow. Regarding claim 17, Mohammad as modified meets the claim limitations as disclosed above in the rejection of claim 15. Further, Mohammad as modified discloses at least a second one of the one or more sensors is arranged to measure an ambient temperature at or adjacent a unit which includes the condenser (refer to par. 55, wherein sensors 182 may provide feedback or data indicative of an operating parameter of the HVAC system 150, such as a temperature of the ambient air flow 157 from unit 152) and sensor data from the first and second ones of the one or more sensors is compared to the first threshold to determine if fluid is distributed into the cooling flow, but Mohammad as modified fails to explicitly disclose wherein the first threshold comprises at least two threshold values associated with different ones of the one or more sensors, such that sensor data from the first and second ones of the one or more sensors is compared to corresponding threshold values of the first threshold. However, Yu further teaches that it is known in the art of refrigeration, to provide at least two threshold values associated with different ones of one or more sensors (refer to page 4, par. 2, lines 1-3 and 13-18, wherein in a winter water stop mode, the system measures an ambient temperature monitored by a first temperature sensor 20 and compares to a system set value, and when said first temperature sensor 20 detects that the ambient temperature continues to decrease, a value monitored by a second temperature sensor 19 is used as a system variable parameter, to ensure safe operation of the equipment). One having ordinary skill in the art of refrigeration would recognize that by providing the first threshold comprising at least two threshold values associated with different sensors, it will provide more accurate control of the fluid distribution elements. Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Mohammad such that the first threshold comprises at least two threshold values associated with different ones of the one or more sensors as taught by Yu, such that sensor data from the first and second ones of the one or more sensors is compared to corresponding threshold values of the first threshold to determine if fluid is distributed into the cooling flow, in order to provide more accurate control of the fluid distribution elements, therefore, ensuring safe operation of the equipment in the system. Regarding claim 18, Mohammad as modified meets the claim limitations as disclosed above in the rejection of claim 10. Further, Mohammad as modified discloses wherein the controller (176) is configured to receive a selection (refer to par. 55, wherein in the instant case said selection is provided by sensor 182 which includes indication of a temperature of the refrigerant, or a pressure of the refrigerant in the condenser 152) indicative of a refrigerant type used in the condenser (wherein said indications are from the refrigerant type used in the condenser, which in the instant case includes R-410A, as in par. 30) and one or more values of the first threshold are based on the selection (temperature or pressure). Regarding claim 19, Mohammad as modified meets the claim limitations as disclosed above in the rejection of claim 10. Further, Mohammad as modified discloses wherein the controller is configured to adjust a rate of distribution of the fluid based on the sensor data (refer to par. 56, wherein the controller 176 may increase a speed of the pump 166 (the first distributor) to increase a flow rate of cooling fluid onto the condenser 152 when a temperature of the ambient air flow 157 increases). Regarding claim 20, Mohammad as modified meets the claim limitations as disclosed above in the rejection of claim 19. Further, Mohammad as modified discloses wherein the rate of distribution of the fluid increases when the sensor data indicates an increase in temperature (refer to par. 56, wherein the controller 176 may increase a speed of the pump 166 (the first distributor) to increase a flow rate of cooling fluid onto the condenser 152 when a temperature of the ambient air flow 157 increases). Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mohammad (US 2020/0208887), Yu (CN 209857691 U), and further in view of Winders (US 2018/0356116). Regarding claim 21, Mohammad as modified meets the claim limitations as disclosed above in the rejection of claim 10. Further, Mohammad as modified discloses the one or more distribution elements, but fails to explicitly disclose a cleaning agent configured to be distributed with the fluid onto the condenser via at least one of the one or more distribution elements. However, Winders further teaches a condensate recycling system for HVAC system, comprising a cleaning agent (refer to the last sentence from par. 39, wherein injectors 115 are fluidly coupled to condensate pan 106 and may be configured to inject various substances into the condensate pan 106 to remove the contaminants from the condensate) configured to be distributed with fluid onto a condenser (114) via a distribution element (refer to pump 110 and nozzles 112), in order to control concentration levels of various components in the condensate, such as algae (refer to par. 44). Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Mohammad such that a cleaning agent is configured to be distributed with the fluid onto the condenser via at least one of the one or more distribution elements in view of the teachings by Winders, in order to control concentration levels of various components in the fluid, such as algae. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANA M VAZQUEZ whose telephone number is (571)272-0611. The examiner can normally be reached M-F 7-4. 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, 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANA M VAZQUEZ/Primary Examiner, Art Unit 3763
Read full office action

Prosecution Timeline

Jun 24, 2024
Application Filed
Jan 23, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
97%
With Interview (+17.3%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 857 resolved cases by this examiner. Grant probability derived from career allow rate.

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