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 Objections
Claims 1-20 are objected to because of the following informalities:
The recitation of “and from about 35” (claim 1, line 6; claim 5, line 7; claim 7, line 6) is believed to be --and (iii) from about 35--.
Appropriate correction is required.
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” → a thermostatic or electronic expansion valve 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.
Claims 11-12, 15 and 18 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.
The recitation of “wherein said system is was an R-32 system” (claim 11, line 1; claim 12, line 1) is unclear. The recitation renders the claim indefinite because it is unclear if the system is, or if the system was an R-32 system. Based on further recitations of the claim, the recitation has been examined as follows --wherein said system was an R-32 system--.
The recitation of “wherein said system is was an R-290 system” (claim 15, line 1) is unclear. The recitation renders the claim indefinite because it is unclear if the system is, or if the system was an R-290 system. Based on further recitations of the claim, the recitation has been examined as follows --wherein said system was an R-290 system--.
The recitation of “wherein said system is was an R-410A system” (claim 18, line 1) is unclear. The recitation renders the claim indefinite because it is unclear if the system is, or if the system was an R-410A system. Based on further recitations of the claim, the recitation has been examined as follows --wherein said system was an R-410A system--.
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) 1-3, 5-8 and 10-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujinaka (US 2022/0356386) in view of Peng (WO 2023/069574 A1, refer to attached translation).
Regarding claims 1 and 3, Fujinaka discloses a heat pump or air conditioning system (refer to fig. 12) for heating and/or cooling air and/or water in an occupied indoor space comprising:
(a) a refrigerant comprising at least 97% by weight of the following three components, R-32, R-1132(E), and R-1234yf (refer to par. 31, wherein the refrigerant comprises HFO-1132(E), R32, and R1234yf, in which the sum of HFO-1132(E), R32, and R1234yf is 100 mass %);
(b) a compressor (521) for the refrigerant, said compressor being located outdoors (refer to fig. 4, and par. 1607, wherein Fujinaka discloses a fan 251 that air-cools the compressor within refrigerating machine 206 installed outside a store);
(c) a first heat exchanger (522) for exchanging heat, directly or indirectly, between said refrigerant and an outdoor heat sink (wherein said outdoor heat sink comprises outdoor air), said first heat exchanger being located outdoors (within refrigerating machine 206 installed outside a store);
(d) a second heat exchanger (524) for exchanging heat, directly or indirectly, between said refrigerant and air in said occupied indoor space;
(e) a reversing valve (529) located between said compressor (521) and said first heat exchanger (522) and between said compressor (521) and said second heat exchanger (524); and
(f) at least one expansion device (523) for said refrigerant located between said first heat exchanger and said second heat exchanger.
While Fujinaka discloses the refrigerant comprising at least 97% by weight of the following three components, R-32, R-1132(E), and R-1234yf, Fujinaka fails to explicitly disclose (i) from about 20 wt.% to about 30 wt% of R-32; (ii) from about 25 wt.% to about 45 wt.% R-1132(E); and (iii) from about 35 wt.% to about 55 wt.% R-1234yf.
However, Peng teaches that it is known in the art of refrigeration, to provide a heat transfer fluid for use in refrigeration systems, refrigerators, air conditioning systems, heat pumps, chillers, and the like, comprising at least 97% by weight of the following three components (i) through (iii): (i) from about 20 wt.% to about 30 wt% of R-32, (ii) from about 25 wt.% to about 45 wt.% R-1132(E), and from about 35 wt.% to about 55 wt.% R-1234yf (refer to par. 106, lines 1-7, wherein the present composition comprise HFO-1234yf, HFC-32, and E-HFO-1132 in particular weight ratios including from about 10 to about 50 weight percent HFO-1234yf, from about 20 to about 60 weight percent HFC- 32, and from about 10 to about 60 weight percent E-HFO-1132), in order to provide a refrigerant with low GWP, low toxicity, low or no flammability, reasonable cost and excellent refrigeration performance (refer to par. 3).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Fujinaka by providing (i) from about 20 wt.% to about 30 wt% of R-32, (ii) from about 25 wt.% to about 45 wt.% R-1132(E), and (iii) from about 35 wt.% to about 55 wt.% R-1234yf in view of the teachings by Peng, in order to provide a refrigerant with low GWP, low toxicity, low or no flammability, reasonable cost and excellent refrigeration performance.
Regarding claim 2, Fujinaka as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Fujinaka as modified discloses wherein said refrigerant has a GWP of 150 or less and wherein said refrigerant is Class 2L (refer to paras. 494-496, wherein the refrigerant has a GWP of 125 or less, and lower flammability Class 2L).
Regarding claim 5, Fujinaka discloses a method for heating and/or cooling air and/or water in an occupied indoor space comprising:
(a) providing a heat transfer system comprising:
(1) a refrigerant comprising at least 97% by weight of the following three components, R-32, R-1132(E), and R-1234yf;
(2) a compressor (521) for said refrigerant located outdoors;
(3) a first heat exchanger (522) for exchanging heat, directly or indirectly, between said refrigerant and an outdoor heat sink and being located outdoors;
(4) a second heat exchanger (524) for exchanging heat, directly or indirectly, between said refrigerant and air in said occupied indoor space;
(5) a reversing valve (529) located between said compressor and said first heat exchanger and between said compressor and said second heat exchanger; and
(6) at least one expansion device (523) for said refrigerant located between said first heat exchanger and said second heat exchanger; and
(b) transferring heat between air located in said indoor space and said outdoor heat sink using said heat transfer system.
While Fujinaka discloses the refrigerant comprising at least 97% by weight of the following three components, R-32, R-1132(E), and R-1234yf, Fujinaka fails to explicitly disclose (i) from about 20 wt.% to about 30 wt% of R-32; (ii) from about 25 wt.% to about 45 wt.% R-1132(E); and (iii) from about 35 wt.% to about 55 wt.% R-1234yf.
However, Peng teaches that it is known in the art of refrigeration, to provide a heat transfer fluid for use in refrigeration systems, refrigerators, air conditioning systems, heat pumps, chillers, and the like, comprising at least 97% by weight of the following three components (i) through (iii): (i) from about 20 wt.% to about 30 wt% of R-32, (ii) from about 25 wt.% to about 45 wt.% R-1132(E), and (iii) from about 35 wt.% to about 55 wt.% R-1234yf (refer to par. 106, lines 1-7, wherein the present composition comprise HFO-1234yf, HFC-32, and E-HFO-1132 in particular weight ratios including from about 10 to about 50 weight percent HFO-1234yf, from about 20 to about 60 weight percent HFC- 32, and from about 10 to about 60 weight percent E-HFO-1132), in order to provide a refrigerant with low GWP, low toxicity, low or no flammability, reasonable cost and excellent refrigeration performance (refer to par. 3).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Fujinaka by providing (i) from about 20 wt.% to about 30 wt% of R-32, (ii) from about 25 wt.% to about 45 wt.% R-1132(E), and (iii) from about 35 wt.% to about 55 wt.% R-1234yf in view of the teachings by Peng, in order to provide a refrigerant with low GWP, low toxicity, low or no flammability, reasonable cost and excellent refrigeration performance.
Regarding claim 6, Fujinaka as modified meets the claim limitations as disclosed above in the rejection of claim 5. Further, Fujinaka as modified discloses wherein said refrigerant has a GWP of 150 or less and wherein said refrigerant is Class 2L (refer to paras. 494-496, wherein the refrigerant has a GWP of 125 or less, and lower flammability Class 2L).
Regarding claims 7 and 8, Fujinaka discloses a heat pump system for heating and/or cooling air and/or water in an occupied indoor space comprising:
(a) a refrigerant comprising at least 99% by weight of the following three components, wherein the following percentages are based on the total of components (i) through (iii): (i) R-32, (ii) R-1132(E), and (iii) R-1234yf (refer to par. 31, wherein the refrigerant comprises HFO-1132(E), R32, and R1234yf, in which the sum of HFO-1132(E), R32, and R1234yf is 100 mass %);
(b) a compressor (521) for the refrigerant, said compressor being located outdoors;
(c) a first heat exchanger (522) for exchanging heat, directly or indirectly, between said refrigerant and an outdoor heat sink (wherein said outdoor heat sink comprises outdoor air), said first heat exchanger being located outdoors;
(d) a second heat exchanger (524) for exchanging heat, directly or indirectly, between said refrigerant and air in said occupied indoor space;
(e) a reversing valve (529) located between said compressor and said first heat exchanger and between said compressor and said second heat exchanger; and
(f) at least one expansion device (523) for said refrigerant located between said first heat exchanger and said second heat exchanger.
While Fujinaka discloses the refrigerant comprising at least 99% by weight of the following three components, R-32, R-1132(E), and R-1234yf, Fujinaka fails to explicitly disclose (i) 21.5 wt.% +/- 0.5 wt% of R-32; (ii) from 25 wt.% to 42.5 wt.% R-1132(E); and (iii) from 36 wt.% to 52 wt.% R-1234yf.
However, Peng teaches that it is known in the art of refrigeration, to provide a heat transfer fluid for use in refrigeration systems, refrigerators, air conditioning systems, heat pumps, chillers, and the like, comprising at least 99% by weight of the following three components (i) through (iii): (i) 21.5 wt.% +/- 0.5 wt% of R-32; (ii) from 25 wt.% to 42.5 wt.% R-1132(E); and from 36 wt.% to 52 wt.% R-1234yf (refer to par. 106, lines 1-7, wherein the present composition comprise HFO-1234yf, HFC-32, and E-HFO-1132 in particular weight ratios including from about 10 to about 50 weight percent HFO-1234yf, from about 20 to about 60 weight percent HFC- 32, and from about 10 to about 60 weight percent E-HFO-1132), in order to provide a refrigerant with low GWP, low toxicity, low or no flammability, reasonable cost and excellent refrigeration performance (refer to par. 3).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Fujinaka by providing (i) 21.5 wt.% +/- 0.5 wt% of R-32; (ii) from 25 wt.% to 42.5 wt.% R-1132(E); and (iii) from 36 wt.% to 52 wt.% R-1234yf in view of the teachings by Peng, in order to provide a refrigerant with low GWP, low toxicity, low or no flammability, reasonable cost and excellent refrigeration performance.
Regarding claim 10, Fujinaka as modified meets the claim limitations as disclosed above in the rejection of claim 7. Further, Fujinaka as modified discloses wherein said water exchanges heat with indoor air (in the instant case, refer to fig. 3 wherein water located within display chamber 104 exchanges heat with indoor air).
Regarding claim 11, Fujinaka as modified meets the claim limitations as disclosed above in the rejection of claim 7. Further, Fujinaka as modified discloses the heat pump system, but fails to explicitly disclose wherein the system was an R-32 system, or an R290 system or an R410A system and wherein said refrigerant is used in said R-32, R290 or said R410A system.
However, Fujinake discloses in paras. 2-4, wherein heat cycle systems such as apparatuses for freezing or cold storage frequently use R410A having a GWP of 2088, therefore increasing a concern about global warming. Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Fujinaka such that the system was an R-32 system, or an R290 system or an R410A system and wherein said refrigerant is used in said R-32, R290 or said R410A system, in order to provide a system having a small climate impact when released into the atmosphere.
Regarding claim 12, Fujinaka as modified meets the claim limitations as disclosed above in the rejection of claim 11. Further, Fujinaka as modified fails to explicitly disclose wherein said system was an R-32 system and wherein said refrigerant is used in said R-32 system.
Nevertheless, since Fujinaka’s heat pump system discloses wherein heat cycle systems such as apparatuses for freezing or cold storage frequently use R410A having a GWP of 2088, and using said refrigerant in said system, it appears that the heat pump system of Fujinaka would operate equally well if said system was an R-32 system and using said refrigerant in said R-32 system.
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention, to cause Fujinaka to have a system that was an R-32 system and wherein said refrigerant is used in said R-32 system because this feature appears to be an arbitrary design consideration which fails to patentably distinguish over Fujinaka.
Regarding claim 13, Fujinaka as modified meets the claim limitations as disclosed above in the rejection of claim 12. Further, Fujinaka as modified discloses wherein said system operating with said refrigerant includes a vapor injection economizer (refer to economizer heat exchanger 175 as can be seen from Fig. 9 and par. 1614).
Regarding claim 14, Fujinaka as modified meets the claim limitations as disclosed above in the rejection of claim 12. Further, Fujinaka as modified discloses wherein said system operating with said refrigerant includes a vapor injection economizer (refer to economizer heat exchanger 175 as can be seen from Fig. 9 and par. 1614).
Regarding claim 15, Fujinaka as modified meets the claim limitations as disclosed above in the rejection of claim 11. Further, Fujinaka as modified fails to explicitly disclose wherein said system was an R-290 system and wherein said refrigerant is used in said R-290 system.
Nevertheless, since Fujinaka’s heat pump system discloses wherein heat cycle systems such as apparatuses for freezing or cold storage frequently use R410A having a GWP of 2088, and using said refrigerant in said system, it appears that the heat pump system of Fujinaka would operate equally well if said system was an R-290 system and using said refrigerant in said R-290 system.
Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of Applicant’s claimed invention, to cause Fujinaka to have a system that was an R-290 system and wherein said refrigerant is used in said R-290 system because this feature appears to be an arbitrary design consideration which fails to patentably distinguish over Fujinaka.
Regarding claim 16, Fujinaka as modified meets the claim limitations as disclosed above in the rejection of claim 15. Further, Fujinaka as modified discloses wherein said system operating with said refrigerant includes a vapor injection economizer (refer to economizer heat exchanger 175 as can be seen from Fig. 9 and par. 1614).
Regarding claim 17, Fujinaka as modified meets the claim limitations as disclosed above in the rejection of claim 15. Further, Fujinaka as modified discloses wherein said system operating with said refrigerant includes a vapor injection economizer (refer to economizer heat exchanger 175 as can be seen from Fig. 9 and par. 1614).
Regarding claim 18, Fujinaka as modified meets the claim limitations as disclosed above in the rejection of claim 11. Further, Fujinaka as modified discloses wherein said system was an R-410A system and wherein said refrigerant is used in said R-410 system (Fujinaka’s heat pump system discloses wherein heat cycle systems such as apparatuses for freezing or cold storage frequently use R410A having a GWP of 2088, and using said refrigerant in said system).
Regarding claim 19, Fujinaka as modified meets the claim limitations as disclosed above in the rejection of claim 18. Further, Fujinaka as modified discloses wherein said system operating with said refrigerant includes a vapor injection economizer (refer to economizer heat exchanger 175 as can be seen from Fig. 9 and par. 1614).
Regarding claim 20, Fujinaka as modified meets the claim limitations as disclosed above in the rejection of claim 18. Further, Fujinaka as modified discloses wherein said system operating with said refrigerant includes a vapor injection economizer (refer to economizer heat exchanger 175 as can be seen from Fig. 9 and par. 1614).
Claim(s) 4 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujinaka (US 2022/0356386), Peng (WO 2023/069574 A1), and further in view of Partin (US 4,257,239).
Regarding claims 4 and 9, Fujinaka as modified meets the claim limitations as disclosed above in the rejection of claims 1 and 7 respectively. Further, Fujinaka as modified discloses said outdoor heat sink, but fails to explicitly disclose wherein said outdoor heat sink comprises and outdoor water loop which transfers heat with a ground-source.
However, Partin further teaches an earth coil heating and cooling system, comprising a first heat exchanger (24) for exchanging heat between a refrigerant and an outdoor heat sink including an outdoor water loop (including water pump 22) which transfers heat with a ground-source (refer to earth coil 20), in order to provide an improved means of achieving heat transfer (refer to col. 1, lines 49-51).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Fujinaka such that said outdoor heat sink comprises and outdoor water loop which transfers heat with a ground-source in view of the teachings by Partin, in order to provide an improved means of achieving heat transfer.
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.
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/ANA M VAZQUEZ/Primary Examiner, Art Unit 3763
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