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 05/13/2025, 09/17/2024 and 08/09/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation Under 35 USC §112
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.
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: “a switching mechanism” in claim 4.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Claim limitation “a switching mechanism” has/have been interpreted under 35 U.S.C.112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “mechanism” coupled with functional language “a switching” without reciting sufficient structure to achieve the function.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 4 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
A switching mechanism treated as meaning a flow path switching valve. See par. 109.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 1-14 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation "a flow of a gas refrigerant" in line 4 is same or different than in line 3 of "a flow of a gas refrigerant". For examination purposes, it is considered as same, -- the flow of the gas refrigerant --.
Claim 4 recites the limitation "a gas refrigerant" in line 3 is same or different than in line 3 of "a gas refrigerant". For examination purposes, it is considered as same, -- the gas refrigerant --.
Claim 5 is not clear in that this claim specifies that "the first pipe or the second pipe corresponds to the refrigerant pipe (23) constituting part of the third flow path", where however dependent claim 5 depends from preceding dependent claim 4. In preceding dependent claim 4, however, in the corresponding alternative, it is "the first pipe ... and the second pipe" which "constitute ... part of a third flow path".
Claim 11 recites “a first and a second refrigerant flow path modules” in lines 2-4. However, per claim 1, there is only required to be "a refrigerant flow path module". Thus "a first and a second refrigerant flow path modules" does not account for the scenario when only one refrigerant flow path module is used. For purposes of examination "a first and a second refrigerant flow path modules” will be considered -- the refrigerant flow path module --.
Claim 13 recites the limitation "a gas refrigerant" in line 3 is same or different than in line 3 of "a gas refrigerant". For examination purposes, it is considered as same, -- the gas refrigerant --.
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 for the rejection will not be considered a new ground of r ejection 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 depends on may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, 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.
Claims 1-7 and 9-14 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over WAKAO (JPH09196515, see attached translation).
In regards to claim 1, WAKAO discloses a heat source unit (outdoor unit; pars. 3 and 13) comprising: a compressor (compressor 3); refrigerant pipes (pipes 33, 34, 35, 36, connecting pipe 37, and U-shaped pipe 38) for a flow of a gas refrigerant having been discharged from the compressor (3) and a flow of a gas refrigerant to be sucked into the compressor (via suction pipe 34); a refrigerant flow path module (piping unit; pars. 13-14) connected to the refrigerant pipes (as cab be seen in Fig. 12); and a casing (housing; pars. 3 and 13) accommodating the compressor (3), the refrigerant pipes, and the refrigerant flow path module, wherein the refrigerant flow path module (pipe unit) includes a module body (base plate 20 and mounting plate 12) having an upper surface (outer surface of a side plate 22) and a lower surface (outer surface of a side plate 23), and provided therein with a flow path for a refrigerant, the refrigerant flow path module (piping unit) is disposed above and apart from a bottom part of the casing (refer to par. 13; Fig. 12), and the refrigerant pipes include a first pipe (pipes 33, 34, 35, 36, connecting pipe 37, and U-shaped pipe 38) and a second pipe (other pipes 33, 34, 35, 36, connecting pipe 37, and U-shaped pipe 38) each communicating with the flow path (for pipe passages 8, 36, 30, 31, 32; opening A in a middle plate 21) in the module body (20) and supporting the refrigerant flow path module (providing structural support at least by mounting connections via pipes 33 and 32 towards plate 12 fixed via screws 13 to the housing, see par. 14; U-shaped pipe 38 is connected to the bottom of the base plate 20, par. 10; Fig. 1, 3 etc., and it is clear that the refrigerant flow path module is disposed at an interval above the bottom of the casing).
WAKAO fails to explicitly teach the refrigerant flow path module includes the module body having a vertical length less than a horizontal length.
WAKAO does however teach a single thick middle plate (21) may be formed by stacking multiple thin plates (corresponding to unspecified vertical length), and further, the components may be distributed and arranged on the side plates (22) and (23) on both sides and attached to the base plate (corresponding to module body 20), (par. 16). Therefore, the module body having unspecified of the vertical length and the horizontal length recognized as result-effective variables, i.e. a variable which achieves a recognized result. In this case, the recognized result is avoiding the components being individually piped and assembled, this reduces the number of piping parts and piping welding points, making it easier to assemble the outdoor unit, and improving productivity and reducing production costs (par. 17). Therefore, since the general conditions of the claim, i.e. the module body having unspecified of the vertical length and the horizontal length arrangement and design factors involved, were disclosed in the prior art by WAKAO, it is not inventive to discover the optimum workable range or value by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, to modify WAKAO, by setting the refrigerant flow path module includes the module body having a vertical length to be less than a horizontal length.
In regards to claim 2, WAKAO meets the claim limitations as set forth above in the rejection of claim 1. Further, WAKAO teaches wherein the first pipe and the second pipe (pipes 33, 34, 35, 36, connecting pipe 37, and U-shaped pipe 38) support the refrigerant flow path module from below (at least Fig. 12 shows support from below).
In regards to claim 3, WAKAO meets the claim limitations as set forth above in the rejection of claim 1. Further, WAKAO teaches wherein the module body (20/12) is elongated in a horizontal predetermined direction (as can be seen in Fig. 12), and the first pipe and the second pipe have connecting portions (via mounting holes B to the openings A; par. 8) to the refrigerant flow path module (as can be seen in Fig. 12), and the connecting portions are distributed on both sides of a center in a longitudinal direction of the module body (as can be seen in Figs. 5 and 12).
In regards to claim 4, WAKAO meets the claim limitations as set forth above in the rejection of claim 1. Further, WAKAO teaches further comprising: a switching mechanism (four-way valve 4) configured to switch a flow direction of the gas refrigerant (between heating and cooling modes); and a gas shutoff valve (gas-side service valve 10) constituting an outlet or an inlet of a gas refrigerant in the heat source unit, wherein the first pipe (one of pipes 33-38) and the second pipe (another one of pipes 33-38) each constitute part of a first flow path (along pipes 36, 38, 37) for a refrigerant flow between a discharge side of the compressor (3) and the switching mechanism (4), part of a second flow path for a refrigerant flow between a suction side of the compressor (3) and the switching mechanism (4), or part of a third flow path (constituted by pipe 33 and pipe branch 15 or by two sections of pipe 33) for a refrigerant flow between the gas shutoff valve (10) and the switching mechanism (4).
In regards to claim 5, WAKAO meets the claim limitations as set forth above in the rejection of claim 4. Further, WAKAO teaches wherein the gas shutoff valve (10) is fixed to the casing (refer to par. 3), and the first pipe or the second pipe corresponds to the refrigerant pipe (pipes 33, 33a) constituting part of the third flow path and connecting the gas shutoff valve (10) and the refrigerant flow path module (20/12).
In regards to claim 6, WAKAO meets the claim limitations as set forth above in the rejection of claim 4. Further, WAKAO teaches further comprising an accumulator (9) provided on the second flow path and fixed to the casing (refer in particular to pars. 2-3, Fig. 14 etc.), wherein the first pipe or the second pipe corresponds to the refrigerant pipe connecting the accumulator (9) and the refrigerant flow path module (20).
In regards to claim 7, WAKAO meets the claim limitations as set forth above in the rejection of claim 4. Further, WAKAO teaches wherein the switching mechanism (4) includes a port (an attachment hole B) for a refrigerant outflow or inflow, and the port is connected directly to the refrigerant flow path module (20), (refer in particular to par. 10; Figs. 3, 4, 14 etc.).
In regards to claim 9, WAKAO meets the claim limitations as set forth above in the rejection of claim 1. Further, WAKAO teaches wherein the refrigerant pipes (one of pipes 33-38) further include a third pipe (at least pipe 38) communicating with the flow path in the module body (20) and supporting the refrigerant flow path module from below (as can be seen in Fig. 12), and the first to third pipes have connecting portions to the refrigerant flow path module, and the connecting portions are dispersed in a longitudinal direction of the module body (as can be seen in Fig. 12).
In regards to claim 10, WAKAO meets the claim limitations as set forth above in the rejection of claim 1. Further, WAKAO teaches wherein the refrigerant pipes further include a fourth pipe (liquid refrigerant pipe 32) communicating with the flow path in the module body (in the first module body 20) and supporting the refrigerant flow path module (part 20 of module 20, 12) from above.
In regards to claim 11, WAKAO meets the claim limitations as set forth above in the rejection of claim 1. Further, WAKAO teaches wherein the refrigerant flow path module (piping unit) includes a first refrigerant flow path module (upper piping unit) having the module body (body of second refrigerant flow path module 12) and supported by the first pipe and second pipe (by mounting connections via pipes 33 and 32), and a second refrigerant flow path module (lower piping unit) disposed vertically apart from the first refrigerant flow path module (as can be seen in Fig. 12) and having a second module body (body of second refrigerant flow path module 20) provided therein with a flow path for a refrigerant (as can be seen in Fig. 12).
In regards to claim 12, WAKAO meets the claim limitations as set forth above in the rejection of claim 11. Further, WAKAO teaches wherein the refrigerant pipes include a fifth pipe (liquid refrigerant pipe 32, in an alternative interpretation compared to the one used in context of dependent claim 10 above) extending vertically between the first refrigerant flow path module (12) and the second refrigerant flow path module (20), and having an upper end connected to one of the first and second refrigerant flow path modules (module 12 below liquid side shut-off valve 11) and a lower end connected to a remaining one of the first and second refrigerant flow path modules (module 20).
In regards to claim 13, WAKAO meets the claim limitations as set forth above in the rejection of claim 11. Further, WAKAO teaches comprising a switching mechanism (4) configured to switch a flow direction of a gas refrigerant, wherein the switching mechanism (4) is disposed between the first refrigerant flow path module (12) and the second refrigerant flow path module (20), (as can be seen in Fig. 12).
In regards to claim 14, WAKAO meets the claim limitations as set forth above in the rejection of claim 11. Further, WAKAO teaches wherein the second module body (20) has a first side surface (upper side 22) and a second side surface (lower side 23) directed vertically and facing opposite to each other (as can be seen in Figs. 1, 3 and 12), but fails to explicitly teach a length between the first side surface and the second side surface is less than a vertical length of the second module body.
WAKAO does however teach a single thick middle plate (21) may be formed by stacking multiple thin plates (corresponding to unspecified vertical length), and further, the components may be distributed and arranged on the side plates (22) and (23) on both sides and attached to the base plate (corresponding to module body 20), (par. 16). Therefore, the module body having unspecified of the length between the first side surface and the second side surface and the vertical length of the second module body recognized as result-effective variables, i.e. a variable which achieves a recognized result. In this case, the recognized result is avoiding the components being individually piped and
assembled, this reduces the number of piping parts and piping welding points, making it
easier to assemble the outdoor unit, and improving productivity and reducing production
costs. (par. 17). Therefore, since the general conditions of the claim, i.e. the module body having unspecified of the length between the first side surface and the second side surface and the vertical length of the second module body arrangement and design factors involved, were disclosed in the prior art by WAKAO, it is not inventive to discover the optimum workable range or value by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, to modify WAKAO, by setting a length between the first side surface and the second side surface to be less than a vertical length of the second module body.
Claims 8 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over WAKAO (JPH09196515, see attached translation) in view of Murakami (JP 2007-046880, see attached translation).
In regards to claim 8, WAKAO meets the claim limitations as set forth above in the rejection of claim 1, but fails to explicitly teaches the limitation of claim 8.
Murakami teaches wherein the refrigerant flow path module includes a joint tube (Fig. 5) having an upper end connected to the lower surface of the module body and a lower end connected to the first pipe or the second pipe (corresponding to pipe 50), the first pipe or the second pipe has an upper end provided with a diameter expanded part having an expanded inner diameter, and the joint tube is inserted into the diameter expanded part of the first pipe or the second pipe (refer to par. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of WAKAO such that the refrigerant flow path module includes a joint tube having an upper end connected to the lower surface of the module body and a lower end connected to the first pipe or the second pipe, the first pipe or the second pipe has an upper end provided with a diameter expanded part having an expanded inner diameter, and the joint tube is inserted into the diameter expanded part of the first pipe or the second pipe as taught by Murakami, in order to prevent pressure loss and clogging the pipes (par. 3 of Murakami).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARTHA TADESSE whose telephone number is (571)272-0590. The examiner can normally be reached on 7:30am-5:00pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Frantz Jules can be reached on 571-272-6681. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For
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/M.T/
Examiner, Art Unit 3763
/FRANTZ F JULES/Supervisory Patent Examiner, Art Unit 3763