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 .
Response to Amendment
Applicants amendments have been entered.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yasuki et al. (JP 2004317021), hereinafter referred to as Yasuki, in view of Fonte et al. (US 20200056814), hereinafter referred to as Fonte.
Re claim 1, Yasuki teaches a heat pump water heating system comprising:
a refrigerant circuit (e.g. 21) comprising:
a first heat exchanger (e.g. 25);
a first compressor (22a) and a second compressor (22b) in fluid communication with the first heat exchanger; and
a second heat exchanger (23) in fluid communication with at least one of the first compressor and the second compressor,
wherein the first compressor and the second compressor are disposed in a parallel arrangement between the first heat exchanger and the second heat exchanger (see Fig 1); and
Yasuki does not teach the limitation of wherein each of the first compressor and the second compressor is a mini-compressor having a displacement capacity of less than 10 cubic centimeters.
However, Fonte teaches a refrigeration cycle comprising a compressor with a displacement capacity of less than 10 cubic centimeters (e.g. ¶ 196, “The rotary compressor has a displacement of refrigerant of about 4 cc to about 8 cc”).
Therefore, at the time the invention was filed it would have been obvious for a person of ordinary skill in the art to have modified Yasuki and integrated wherein each of the first compressor and the second compressor is a mini-compressor having a displacement capacity of less than 10 cubic centimeters, as suggested by Fonte, in order to have a smaller weight and size system (see Fonte ¶ 196).
Re claim 2, Yasuki, as modified, teaches the heat pump water heating system of claim 1. Yasuki further teaches wherein the first heat exchanger is an evaporator (see Fig 1), and wherein the second heat exchanger is a condenser (see Fig 1).
Re claim 3-4, Yasuki, as modified, teaches the heat pump water heating system of claim 1. Yasuki does not teach the limitation of wherein the first compressor and the second compressor are of same size or different size.
However, it would have been obvious to try, by one of ordinary skill in the art at the time of the invention was filed, to have the compressors either of the same size or different size and incorporate it into the system of Goel since there are a finite number of identified, predictable potential solutions to the design of the compressor sizing, it can either be the same size or a different size and one of ordinary skill in the art could have pursued the known potential solutions with a reasonable expectation of success.
Re claim 5, Yasuki, as modified, teaches the heat pump water heating system of claim 1. Yasuki further teaches further comprising a controller (43) communicatively connected with the first compressor and the second compressor (see Fig 1).
Re claim 6, Yasuki, as modified, teaches the heat pump water heating system of claim 1. Yasuki, as modified, does not teach the limitation of wherein the controller is configured to activate at least one of the first compressor and the second compressor based on date and time information obtained from a system timer of the heat pump water heating system.
However, the examiner takes Official Notice of the fact that having a controller configured to activate at least one of the first compressor and the second compressor based on date and time information obtained from a system timer of the heat pump water heating system, in order to operate when needed based on user demand, falls within the realm of common knowledge as obvious mechanical expedient. Therefore, at the time the invention was filed it would have been obvious for a person of ordinary skill in the art to have modified Yasuki and configured the controller is configured to activate at least one of the first compressor and the second compressor based on date and time information obtained from a system timer of the heat pump water heating system, in order to operate when needed based on user demand.
Re claim 7, Yasuki, as modified, teaches the heat pump water heating system of claim 1. Yasuki, as modified, does not teach the limitation of wherein the controller is configured to activate at least one of the first compressor and the second compressor based ambient temperature data obtained from one or more ambient temperature sensors of the heat pump water heating system.
However, the examiner takes Official Notice of the fact that having a controller configured to activate at least one of the first compressor and the second compressor based ambient temperature data obtained from one or more ambient temperature sensors of the heat pump water heating system, in order to operate when needed based on temperature demand, falls within the realm of common knowledge as obvious mechanical expedient. Therefore, at the time the invention was filed it would have been obvious for a person of ordinary skill in the art to have modified Yasuki and configured the controller is configured to activate at least one of the first compressor and the second compressor based ambient temperature data obtained from one or more ambient temperature sensors of the heat pump water heating system, in order to operate when needed based on temperature demand.
Re claim 8, Yasuki, as modified, teaches the heat pump water heating system of claim 1. Yasuki, as modified, does not teach the limitation of wherein the controller is configured to activate at least one of the first compressor and the second compressor based on compressor health status data obtained from the first compressor and the second compressor.
However, the examiner takes Official Notice of the fact that having a controller configured to activate at least one of the first compressor and the second compressor based on compressor health status data obtained from the first compressor and the second compressor, in order to operate when needed safe, falls within the realm of common knowledge as obvious mechanical expedient. Therefore, at the time the invention was filed it would have been obvious for a person of ordinary skill in the art to have modified Yasuki and configured the controller is configured to activate at least one of the first compressor and the second compressor based ambient temperature data obtained from one or more ambient temperature sensors of the heat pump water heating system, in order to operate when safe.
Re claim 9, Yasuki, as modified, teaches the heat pump water heating system of claim 1. Yasuki further teaches wherein the controller is configured to activate at least one of the first compressor and the second compressor based on water intake flow rate data of water flowing into the heat pump water heating system obtained from one or more inlet sensors of the heat pump water heating system (e.g. ¶ 33, “At this time, the flow rate of hot water is detected by the hot water flow rate detecting means 47, and the required hot water supply load is calculated from the hot water temperature detected by the hot water temperature detecting means 44 and the hot water set temperature set by the hot water temperature setting means 49. By determining the operating frequency of the two compressors 22a and 22b so as to have a compression capacity corresponding to the load, the operation is started with a required compression capacity in advance to speed up the start-up of the apparatus. At this time, the compressors 22a and 22b are started after a certain time difference so as not to be started simultaneously”).
Re claim 10, Yasuki, as modified, teaches the heat pump water heating system of claim 1. Yasuki further teaches wherein the first compressor and the second compressor are configured to output a refrigerant in a vapor state, and wherein the second heat exchanger is further configured to convert the refrigerant to a liquid state and output the refrigerant, the heat pump water heating system further comprising an expansion valve (24) connected between the first heat exchanger and the second heat exchanger, wherein the expansion valve is configured to receive the refrigerant from the second heat exchanger and output the refrigerant to the first heat exchanger.
Re claim 11, Yasuki, as modified, teaches the heat pump water heating system of claim 1. Yasuki further teaches wherein each of the first compressor and the second compressor has a weight of less than 10 lbs (e.g. ¶ 196, “The rotary compressor has a weight of about 10 to about 18 lbs”).
Re claim 12, Yasuki, as modified, teaches the heat pump water heating system of claim 1. Yasuki teaches wherein each of the first compressor and the second compressor generates noise (inherent that the compressor generates noise). Yasuki, as modified, does not explicitly teach the limitation of the generated noise in a range of 38-42 dB. However, the examiner takes Official Notice of the fact that having a range of 38-42 dB in order to reduce disturbance to a person. Further, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to have the generated noise in a range of 38-42 dB, for the purpose of reducing disturbance to a person, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05(II)
Re claim 13, Yasuki, as modified, teaches the heat pump water heating system of claim 1. Yasuki, as modified, does not teach the limitation of the heat pump water heating system has a capacity in a range of 6,000- 8,000 BTUs.
However, the examiner takes Official Notice of the fact that having a capacity in a range of 6,000- 8,000 BTUs, in order to optimize the system, falls within the realm of common knowledge as obvious mechanical expedient. Therefore, at the time the invention was filed it would have been obvious for a person of ordinary skill in the art to have modified Yasuki and integrated the heat pump water heating system has a capacity in a range of 6,000- 8,000 BTUs, in order to optimize the system.
Re claim 14 and 20, see rejection for claims 1-2, 6-10.
Re claim 15, see rejection for claims 1-2.
Re claim 16-17, see rejection for claims 1, 3-4.
Re claim 18, see rejection for claims 1, 11.
Re claim 19, see rejection for claims 1, 12.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NELSON NIEVES whose telephone number is (571)270-0392. The examiner can normally be reached Monday to Friday 9am to 5pm.
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/NELSON J NIEVES/Primary Examiner, Art Unit 3763 06/13/2026
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