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 6/26/2025 was filed after the mailing date of the application on 8/20/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “an integrated refrigerant recycling device” and “a heat exchanger connected to said expansion device to deliver cooled refrigerant to said expansion device” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “said outlet liquid outlet” which renders the claim indefinite because it is unclear which outlet is being referred to. For examination purposes, the limitation is interpreted to recite -- said evaporator outlet liquid outlet --.
Claim 1 recites “said ejector liquid outlet connected to said distributor liquid inlet” which renders the claim indefinite because “said distributor liquid inlet” lacks antecedent basis and for examination purposes is interpreted to recite -- a distributor liquid inlet --.
Claims 2-12 are rejected based on being dependency from a rejected claim.
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) 1-3, 5, 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Derosier et al (US 20200141620) as applied to claim 1 above, and further in view of Mahmoud et al (US 2023060610).
Regarding claim 1, Derosier teaches an apparatus for improving the performance of a direct expansion refrigeration system (DX refrigeration system, paragraph 0014, Fig. 2) comprising: a liquid powered ejector (33) having a first ejector liquid inlet (31), a second ejector liquid inlet (35) and an ejector liquid outlet (31), an evaporator (25) having an evaporator inlet (23) and an evaporator outlet (27), said evaporator outlet having an evaporator outlet vapor outlet (27, 29), said outlet vapor outlet configured to be connected to a compressor (compressor, paragraph 0014, Fig. 1) but fails to explicitly teach said evaporator outlet having an evaporator outlet liquid outlet ; said second ejector liquid inlet connected to said evaporator outlet liquid outlet, said ejector liquid outlet connected to a distributor liquid inlet.
However, Mahmoud teaches said evaporator outlet having an evaporator outlet liquid outlet (306); said second ejector liquid inlet (52) connected to said evaporator outlet liquid outlet (fig. 4), said ejector liquid outlet (54) connected to a distributor liquid inlet (304) to provide an efficient heat pump system for cooling and heating interior spaces.
Therefore, it would have been obvious to a person skilled in the art before the effective filing date to modify the apparatus of Derosier to include said evaporator outlet having an evaporator outlet liquid outlet ; said second ejector liquid inlet connected to said evaporator outlet liquid outlet, said ejector liquid outlet connected to a distributor liquid inlet in view of the teachings of Mahmoud to provide an efficient heat pump system for cooling and heating interior spaces.
Regarding claim 2, the combined teaching teach said first ejector liquid inlet is configured to be connected to an expansion device (3 of Derosier).
Regarding claim 3, the combined teaching teach an inlet separator (11 of Derosier), said inlet separator having an inlet separator inlet (9 of Derosier), a first inlet separator outlet (15 of Derosier) and a second inlet separator outlet (13 of Derosier), said first inlet separator outlet being a liquid outlet (L, Fig. 2 of Derosier), said first inlet separator outlet connected to said first ejector liquid inlet (13 to 31 of Derosier, outlined below), said inlet separator inlet configured to be connected to an expansion device (9 to 3 of Derosier, outlined below).
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Regarding claim 5, the combined teaching teach said second inlet separator outlet is a vapor outlet connected to said outlet header vapor outlet (49 of Derosier).
Regarding claim 7, the combined teaching teach said inlet separator and said ejector are combined in an integrated refrigerant recycling device (an integrated refrigerant recycling device, paragraph 0019 of Derosier).
Regarding claim 8, the combined teaching teach a heat exchanger (condenser, fig. 1 of Derosier) connected to said expansion device to deliver cooled refrigerant to said expansion device (figs. 1-2).
Regarding claim 9, the combined teaching teach said evaporator outlet is an outlet header (fig. 4 of Mahmoud).
Regarding claim 10, the combined teaching teach said evaporator outlet is a phase separator (V in line 29 and L1 in line 30, fig. 2 of Derosier, outlined below).
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Regarding claim 11, the combined teaching teach said evaporator inlet is a distributor (19, distributor, Fig. 2 of Derosier).
Allowable Subject Matter
Claims 4, 6 and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
Regarding claim 4, the subject matter which is considered to distinguish from the closest prior art of record, Derosier et al (US 20200141620). The prior art of record teaches of said second inlet separator outlet is a vapor outlet (V, Fig 2. Of Derosier) in contrast to the claimed features of said second inlet separator outlet is a vapor outlet connected to a vapor inlet of said evaporator inlet.
Regarding claim 6, the subject matter which is considered to distinguish from the closest prior art of record, Derosier et al (US 20200141620). The prior art of record teaches of said second inlet separator outlet is a vapor outlet (V, Fig 2. Of Derosier) in contrast to the claimed features of said second inlet separator outlet is a liquid and vapor outlet connected to a liquid and vapor inlet of said evaporator inlet.
Regarding claim 12, the subject matter which is considered to distinguish from the closest prior art of record, Derosier et al (US 20200141620). The prior art of record teaches a direct expansion refrigeration system (fig. 1 and 2) comprising: refrigerant line (fig. 2) connecting the following, in order: an expansion device (3), an inlet separator (11), a liquid powered ejector (33), an evaporator (25), and a compressor (compressor, paragraph 0014), said liquid powered ejector configured to continuously and simultaneously receive liquid refrigerant from said evaporator outlet (30), and send liquid refrigerant to said evaporator inlet (46) in contrast to the claimed features of said inlet separator configured to continuously and simultaneously send liquid refrigerant to said ejector and refrigerant vapor to an evaporator inlet or to an evaporator outlet, said liquid powered ejector configured to continuously and simultaneously receive liquid refrigerant from said inlet separator.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH J MARTIN whose telephone number is (571)270-3840. The examiner can normally be reached 8:30-3:00 CT pm M-F.
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, Jerry-Daryl 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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/ELIZABETH J MARTIN/Primary Examiner, Art Unit 3763