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 7/9/2024 was filed on or after the mailing date of the 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.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because the abstract contains line numbers which are not a part of the abstract. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 112
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 28-32 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 Claim 28, the recitation of “…wherein the at least one controller is configured to instruct second opening and/or second closing of at least one of the valve pairs leaving second remaining opened at least one but not all of the valve pairs in order to flush the fouling of the respective heat exchanger having the second remaining opened at least one but not all of the valve pairs, wherein the opening and/or the closing and the second opening and/or the second closing are instructed to be performed at different times,” is not adequately described in the disclosure such that one skilled in the art would recognize Applicant’s possession of the claimed subject matter.
For example, in at least 0063-0067, 0097, 00163 and 00234 of the disclosure respective valves are mentioned as being able to isolate a respective heat exchanger for the purpose of flushing the respective heat exchanger. However, the disclosure is silent to the scenario recited in the claim. As such, the disclosure does not reasonably demonstrate that the Applicant had full possession of the metes and bounds of the invention as recited in the instant claim.
Therefore, the claims fail the written description requirement and is rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph.
Regarding Claim 29, the recitation of “…wherein the at least one controller is configured to: instruct a first variable control pump to operate at a first flow amount through the first fluid circuit, during real-time sourcing of the variable load through the remaining opened at least one but not all of the valve pairs in order to flush the fouling of the respective heat exchanger, wherein the first flow amount is a first maximum flow amount,” is not adequately described in the disclosure such that one skilled in the art would recognize Applicant’s possession of the claimed subject matter.
For example, in at least 0063-0067, 0097, 00163 and 00234 of the disclosure respective valves are mentioned as being able to isolate a respective heat exchanger for the purpose of flushing the respective heat exchanger. However, the disclosure is silent to the scenario recited in the claim. As such, the disclosure does not reasonably demonstrate that the Applicant had full possession of the metes and bounds of the invention as recited in the instant claim.
Therefore, the claims fail the written description requirement and is rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph.
Regarding Claim 30, the recitation of “…wherein the at least one controller is configured to instruct a second variable control pump to operate at a second flow amount through the second fluid circuit in order to flush the fouling of the respective heat exchanger through the remaining opened at least one but not all of the valve pairs, wherein the second flow amount is a second maximum flow amount,” is not adequately described in the disclosure such that one skilled in the art would recognize Applicant’s possession of the claimed subject matter.
For example, in at least 0063-0067, 0097, 00163 and 00234 of the disclosure respective valves are mentioned as being able to isolate a respective heat exchanger for the purpose of flushing the respective heat exchanger. However, the disclosure is silent to the scenario recited in the claim. As such, the disclosure does not reasonably demonstrate that the Applicant had full possession of the metes and bounds of the invention as recited in the instant claim.
Therefore, the claims fail the written description requirement and is rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph.
Allowable Subject Matter
Claims 1-27 and 31-36 are allowed.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-27 and 31-36 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-38 of U.S. Patent No. (12,066,232, hereinafter the 232 Patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
Regarding Claims 1-23, the 232 Patent and the instant application both recite…the following….
Regarding Claim 1 the 232 Patent teaches a heat transfer system for sourcing a variable load, comprising: a heat exchanger that defines a first fluid circuit and a second fluid circuit [claim 1];
a first variable control pump for providing variable flow of a first circulation medium through the first fluid circuit of the heat exchanger [claim 1];
a second variable control pump for providing variable flow of a second circulation medium through the second fluid circuit of the heat exchanger [claim 1];
at least one pressure sensor or at least one temperature sensor configured to detect measurement at the heat exchanger [claim 1];
and at least one controller configured to: receive data indicative of measurement from the at least one pressure sensor or the at least one temperature sensor, control the first variable control pump to control the first circulation medium through the heat exchanger in order to source the variable load, determine, based on the data from the at least one pressure sensor or the at least one temperature sensor from real-time operation measurement when sourcing the variable load, that the heat exchanger requires maintenance due to fouling of the heat exchanger[claim 1];
and in response to said determining, control the first variable control pump, during real- time sourcing of the variable load, to a first flow amount of the first circulation medium in order to flush the fouling through the first fluid circuit of the heat exchanger, and control the second variable control pump to a second flow amount in order to flush the fouling through the first fluid circuit of the heat exchanger[claim 1]; wherein the control of the first variable control pump to the first flow amount and the control of the second variable control pump to the second flow amount are performed at different times [claim 4].
Regarding Claim 2, the 232 Patent teaches wherein the first fluid circuit is between the heat exchanger and the variable load, and the second fluid circuit is between a temperature source and the heat exchanger [claim 2].
Regarding Claim 3, the 232 Patent teaches wherein the first fluid circuit is between a temperature source and the heat exchanger, and the second fluid circuit is between the heat exchanger and the variable load [Claim 3].
Regarding Claim 4, the 232 Patent teaches wherein the second flow amount is a second maximum flow setting, wherein during the second maximum flow setting the at least one controller is configured to simultaneously control the first variable control pump, during real-time sourcing of the variable load, to a decreased flow amount of the first circulation medium to account for the second maximum flow setting of the second flow amount in order to source the variable load [Claim 1].
Regarding Claim 5, the 232 Patent teaches wherein the heat exchanger and at least one additional heat exchanger are in parallel, wherein the heat exchanger and the at least one additional heat exchanger are part of a heat exchanger unit [Claim 5].
Regarding Claim 6, the 232 Patent teaches wherein each of the at least one additional heat exchanger include a respective fluid path in the first fluid circuit that is flushable by the first variable control pump, further comprising a respective valve for each heat exchanger that is controllable by the at least one controller, wherein, when flushing the fouling of each heat exchanger, one or more of the respective valves are controlled by the at least one controller to be closed so that less than all of the heat exchangers are flushed at a time [Claim 6].
Regarding Claim 7, the 232 Patent teaches wherein the system includes the at least one pressure sensor and the at least one temperature sensor; wherein the at least one pressure sensor includes: a first pressure sensor configured to detect pressure measurement of input to the first fluid circuit of the heat exchanger unit, and a second pressure sensor configured to detect pressure measurement of input to the second fluid circuit of the heat exchanger unit [Claim 7];
wherein the at least one temperature includes: a first temperature sensor configured to detect temperature measurement of the input of the first fluid circuit of the heat exchanger unit, a second temperature sensor configured to detect temperature measurement of output of the first fluid circuit of the heat exchanger unit, a third temperature sensor configured to detect temperature measurement of the input of the second fluid circuit of the heat exchanger unit, a fourth temperature sensor configured to detect temperature measurement of output of the second fluid circuit of the heat exchanger unit, and a respective temperature sensor to detect temperature measurement of output of each fluid path of each heat exchanger of the unit [Claim 7];
wherein the at least one controller is configured to receive data indicative of measurement from the pressure sensors and the temperature sensors, for said determining that the heat exchanger requires maintenance due to fouling of the heat exchanger [Claim 7].
Regarding Claim 8, the 232 Patent teaches comprising: a first flow sensor configured to detect first flow measurement of first flow through the heat exchanger unit that includes the first fluid circuit; and a second flow sensor configured to detect second flow measurement of second flow through the heat exchanger unit that includes the second fluid circuit [Claim 8];
wherein the at least one controller is configured to: receive data indicative of the flow measurement from the first flow sensor and the second flow sensor, calculate a respective heat load (Q) of the first flow through the heat exchanger unit and the second flow through the heat exchanger unit from: the first flow measurement, the second flow measurement, the respective temperature measure from the first temperature sensor, the respective temperature measure from the third temperature sensor, and the respective temperature measurement from the respective temperature sensor of the output of each heat exchanger from the respective temperature sensor [Claim 8], and
calculate a comparison between the heat load (Q) of the first flow and the heat load (Q) of the second flow in a clean state with an actual state of the heat load (Q) of the first flow and the heat load (Q) of the second flow, for said determining that the heat exchanger requires maintenance due to fouling of the heat exchanger [Claim 8].
Regarding Claim 9, the 232 Patent teaches wherein the at least one controller is configured to determine a clean heat transfer coefficient (U) of the heat exchanger when in a clean state; wherein said determining that the heat exchanger requires maintenance due to fouling of the heat exchanger, further includes: calculating, from measurement of the at least one pressure sensor or the at least one temperature sensor during the real-time operation measurement when sourcing the variable load, an actual heat transfer coefficient (U) of the heat exchanger; and calculating a fouling factor (FF) based on the actual heat transfer coefficient (U) of the heat exchanger and the clean heat transfer coefficient (U) of the heat exchanger [Claim 9].
Regarding Claim 10, the 232 Patent teaches wherein the calculating of the fouling factor (FF) is calculated as:FF = 1 / Udirt - 1 / Uclean, where: Uclean is the clean heat transfer coefficient (U), Udirt is the actual heat transfer coefficient (U) [Claim 10].
Regarding Claim 11, the 232 Patent teaches wherein the at least one pressure sensor includes at least two pressure sensors, wherein the at least one controller is configured to determine a clean pressure differential value across the first fluid circuit of the heat exchanger when in a clean state [Claim 11];
wherein said determining, based on real-time operation measurement when sourcing the variable load, that the heat exchanger requires maintenance due to fouling of the heat exchanger further includes: calculating, from measurement of the at least two pressure sensors during the real- time operation measurement when sourcing the variable load, an actual pressure differential value across the first fluid circuit of the heat exchanger; and calculating a comparison between the actual pressure differential value of the heat exchanger and the clean pressure differential value of the heat exchanger [Claim 11]
Regarding Claim 12, the 232 Patent teaches wherein the at least one temperature sensor includes at least two temperature sensors, wherein the at least one controller is configured to determine a clean temperature differential value across the first fluid circuit of the heat exchanger when in a clean state [Claim 12]; wherein said determining that the heat exchanger requires maintenance due to fouling of the heat exchanger further includes: calculating, from measurement of the at least two temperature sensors during the real- time operation measurement when sourcing the variable load, an actual temperature differential value of the first fluid circuit of the heat exchanger; and calculating a comparison between the actual temperature differential value of the heat exchanger and the clean temperature differential value of the heat exchanger [Claim 12].
Regarding Claim 13, the 232 Patent teaches wherein the clean temperature differential value of the heat exchanger when in the clean state is previously determined by testing prior to shipping or installation of the heat exchanger and is stored to a memory, wherein the determining by the at least one controller of the clean temperature differential value of the heat exchanger when in the clean state is performed by accessing the clean temperature differential value from the memory [Claim 13].
Regarding Claim 14, the 232 Patent teaches wherein said determining that the heat exchanger requires maintenance due to fouling of the heat exchanger further includes: resetting a timer; and determining, from the timer and the at least one pressure sensor or the at least one temperature sensor, that the variable load is being sourced by the heat exchanger continuously at a part load for a specified period of time [Claim 14].
Regarding Claim 15, the 232 Patent teaches wherein said part load is at most 90%of maximum load of the variable load and said specified period of time is at least 7 days [Claim 15].
Regarding Claim 16, the 232 Patent teaches wherein the at least one controller is configured to determine flushing of the fouling of the heat exchanger was successful or unsuccessful by: determining a clean coefficient value of the heat exchanger when in a clean state, calculating, from the measurement the real-time operation measurement when sourcing the variable load, an actual coefficient value of the heat exchanger, and calculating a comparison between the actual coefficient value of the heat exchanger and the clean coefficient value of the heat exchanger, wherein, based on the calculating the comparison, the at least one controller is configured to output a notification in relation to the flushing of the fouling of the heat exchanger being successful or unsuccessful [Claim 16].
Regarding Claim 17, the 232 Patent teaches wherein the first flow amount includes a maximum flow setting [Claim 17].
Regarding Claim 18, the 232 Patent teaches wherein the maximum flow setting is: a maximum flow setting of the first variable control pump; or a maximum duty flow of the variable load; or a maximum flow capacity of the heat exchanger [Claim 17].
Regarding Claim 19, the 232 Patent teaches wherein the heat exchanger is a plate and frame counter current heat exchanger that includes a plurality of brazed plates for causing turbulence when facilitating heat transfer between the first fluid circuit and the second fluid circuit [Claim 18].
Regarding Claim 20, the 232 Patent teaches wherein the heat exchanger is a shell and tube heat exchange or a gasketed plate heat exchanger [Claim 19].
Regarding Claim 21, the 232 Patent teaches wherein the at least one controller is integrated with the heat exchanger [Claim 20].
Regarding Claim 22, the 232 Patent teaches wherein the first flow amount is an alternating sequence between a maximum flow setting and a partial flow setting [Claim 21].
Regarding Claim 23, the 232 Patent teaches wherein the flush the fouling of the heat exchanger is performed without disassembling the heat transfer system and without using a bypass loop [Claim 22].
Regarding Claim 24, the 232 Patent teaches a method for sourcing a variable load using a heat transfer system, the heat transfer system including a heat exchanger that defines a first fluid circuit and a second fluid circuit, the heat transfer system including a first variable control pump for providing variable flow of a first circulation medium through the first fluid circuit of the heat exchanger and a second variable control pump for providing variable flow of a second circulation medium through the second fluid circuit of the heat exchanger [Claims 23 & 4], the method being performed by at least one controller and comprising:
receiving data indicative of measurement at the heat exchanger from at least one pressure sensor or at least one temperature sensor; controlling the first variable control pump to control the first circulation medium through the heat exchanger in order to source the variable load [Claims 23 & 4];
determining, based on the data from the at least one pressure sensor or the at least one temperature sensor from real-time operation measurement when sourcing the variable load, that the heat exchanger requires maintenance due to fouling of the heat exchanger [Claims 23 & 4]; and
in response to said determining, controlling the first variable control pump, during real-time sourcing of the variable load, to a first flow amount of the first circulation medium in order to flush the fouling through the first fluid circuit of the heat exchanger [Claims 23 & 24], and controlling the second variable control pump to operate at a second flow amount in order to flush the fouling through the second fluid circuit of the heat exchanger, wherein the controlling the first variable control pump to the first flow amount and the controlling the second variable control pump to the second flow amount are performed at different times [Claims 23 & 4].
Regarding Claim 25, the 232 Patent teaches wherein the second flow amount is a second maximum flow setting, wherein during the second maximum flow setting the at least one controller is configured to simultaneously control the first variable control pump, during real- time sourcing of the variable load, to a decreased flow amount of the first circulation medium to account for the second maximum flow setting of the second flow amount in order to source the variable load [Claims 23 & 24].
Regarding Claim 26, the 232 Patent teaches a non-transitory computer readable medium having instructions stored thereon executable by at least one controller for performing the method as claimed in claim 24 [Claims 23 & 24].
Regarding Claim 27, the 232 Patent teaches a heat transfer module, comprising: a sealed casing that defines a first port, a second port, a third port, and a fourth port; a plurality of parallel heat exchangers within the sealed casing that collectively define a first fluid circuit between the first port and the second port and collectively define a second fluid circuit between the third port and the fourth port [Claim 25];
a respective valve pair for each of the plurality of parallel heat exchangers having a first respective valve to control the first fluid circuit through that respective heat exchanger and a second respective valve to control the second fluid circuit through that respective heat exchanger [Claims 5 & 6]; and at least one controller configured to: instruct opening and/or closing of at least one of the valve pairs leaving remaining opened at least one but not all of the valve pairs to, during real-time sourcing of a variable load, flush the fouling of the respective heat exchanger having the remaining opened at least one but not all of the valve pairs [Claims 5 & 6].
Regarding Claim 31, the 232 Patent teaches wherein the controlling the first variable control pump to the first flow amount and the controlling the second variable control pump to the second flow amount are performed at second different times [Claim 4].
Regarding Claim 32, the 232 Patent teaches wherein further comprising the first variable control pump with which is attached to the first port, and further comprising the second variable control pump with which is attached to the third port [Claim 27].
Regarding Claim 33, the 232 Patent teaches a first pressure sensor within the sealed casing configured to detect pressure measurement of input to the first fluid circuit of the heat transfer module [Claim 25];
a second pressure sensor within the sealed casing configured to detect pressure measurement of input to the second fluid circuit of the heat transfer module [Claim 25];
a first temperature sensor within the sealed casing configured to detect temperature measurement of the input of the first fluid circuit of the heat transfer module [Claim 25];
a second temperature sensor within the sealed casing configured to detect temperature measurement of output of the first fluid circuit of the heat transfer module [Claim 25];
a third temperature sensor within the sealed casing configured to detect temperature measurement of the input of the second fluid circuit of the heat transfer module [Claim 25]; and
a fourth temperature sensor within the sealed casing configured to detect temperature measurement of output of the second fluid circuit of the heat transfer module [Claim 25];
wherein the respective temperature sensor within the sealed casing detect temperature measurements of output of each fluid path of each heat exchanger of the heat transfer module [Claim 25]; and
wherein the at least one controller is configured to:
determine a clean coefficient value of the heat exchanger when in a clean state [Claim 37]; and
determine that the heat exchanger requires maintenance due to fouling of the heat exchanger, including: calculating, from measurement of at least one of the pressure sensors, the temperature sensors, or from external flow sensors, during real-time operation measurement when sourcing the variable load, an actual coefficient value of the heat exchanger, [Claim 37]
calculating a comparison between the actual coefficient value of the heat exchanger and the clean coefficient value of the heat exchanger [Claim 37], and concluding that the heat exchanger requires maintenance due to fouling of the heat exchanger [Claim 37].
Regarding Claim 34, the 232 Patent teaches wherein the at least one controller is at the sealed casing [Claim 28].
Regarding Claim 35, the 232 Patent teaches wherein each of the plurality of parallel heat exchangers is a plate heat exchanger [Claim 29]
Regarding Claim 36, the 232 Patent teaches wherein each of the plurality of parallel heat exchangers is a shell and tube heat exchange or a gasketed plate heat exchanger [Claim 30].
Claims 28-30 are rejected under the double patenting doctrine based upon dependency. However, claims 28-30 are also rejected above under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY L FURDGE whose telephone number is (313)446-4895. The examiner can normally be reached M-R 6a-3p; F 6a-10a.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry Fletcher can be reached at 571-270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LARRY L FURDGE/Primary Examiner, Art Unit 3763
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