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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 14 August, 2024, 6 September, 2024, and 15 January, 2025 are being considered by the examiner.
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.
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.
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 limitations recited in claims 1-15, such as “flow measuring device”, “heating or cooling device”, and “thermal energy source”, invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
With regards to the “flow measuring device”, the specification provides devices such as a flow sensor, a flow meter, or a thermal energy meter and examples such as ultrasonic, electromagnetic, or mechanical measurement elements or others, intended to present the “flow measuring device”.
With regards to the “heating and cooling device”, the specification provides devices such as fan coil unit, air handling unit, radiant panels, chilled beams and similar, intended to present the “heating or cooling device”.
With regards to the “thermal energy source”, the specification provides devices such as heat exchanger, particularly a chiller or a heat pump or similar, intended to present the “thermal energy source”.
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 § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3,6-9,12, and 13 is/are rejected under 35 U.S.C. 102 as being anticipated by THOLE et al (DE 102011001223 A1 – published 13 September 2012; see English Machine Translation furnished with this Office Action).
As to claim 1, THOLE discloses a device for controlling a system for heating and cooling, the device comprising at least one valve actuator (Paragraph 20) for a valve (4) of a bypass line of the system (See Annotated Figure Below), and a flow measuring device (7) for a return line of the system, the return line leading a combined flow from the bypass line and a heating or cooling device (3) return line from at least one heating or cooling device to at least one thermal energy source (1), the flow measuring device being configured to determine and provide at least one actual flow value of the combined flow (Paragraphs 16,17, and 21), wherein the valve actuator is configured to receive the actual flow value and to control the valve based on the actual flow value. (Paragraph 20) (See Annotated Figure Below)
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Heating Circuit)][AltContent: textbox (Heat Exchanger)][AltContent: textbox (Combined Flow = Return Line + Bypass line )][AltContent: textbox (Return Line )][AltContent: textbox (Bypass line)][AltContent: textbox (Controller )][AltContent: textbox (Flow Measuring Device)][AltContent: arrow][AltContent: textbox (Bypass Valve controlled by a motor-driven Actuator)][AltContent: arrow][AltContent: textbox (Supply Line )]
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As to claim 2, THOLE discloses a device according to claim 1, wherein the valve actuator is configured to provide a minimum flow in the return line by controlling the flow in the bypass line (Paragraphs 20-26, prior art has a control device that controls the valve actuator configured to provide a minimum flow in the return line by controlling the flow in the bypass line, Claims 6 and 7).
As to claim 3, THOLE discloses a device according to claim 1, wherein the valve actuator is further configured to receive a minimum return flow value, to check whether the actual flow value is above the minimum flow value, if the actual flow value is above the minimum flow value to control the valve based on the minimum flow value (Paragraph 25, Claim 6).
As to claim 6, THOLE discloses a system for heating or cooling, the system comprising at least one device according to claim 1 (Paragraph 9, Claim 1), at least one thermal energy source, at least one heating or cooling system, at least one supply line fluidly connecting an output of the thermal energy source and an input of the heating or cooling system, at least one return line fluidly connecting an output of the heating or cooling system and an input of the thermal energy source, at least one bypass line fluidly connecting the supply line and the return line in parallel connection to a heating or cooling device return line from the at least one heating or cooling device, and at least one valve being mounted in the bypass line for controlling the flow in the bypass line, the valve actuator being mounted on the valve to control the valve, wherein the flow measuring device is mounted on the return line to communicate flow data to the valve actuator.
As to claim 7, THOLE discloses a method for controlling a system for heating or cooling according to claim 6, the method comprising at least the following steps: - determine at least one actual flow value of a combined flow from the bypass line and the heating or cooling device to the thermal energy source using the flow measuring device; - receive the at least one actual flow value with the valve actuator; and - control the valve based on the actual flow value using the valve actuator (Paragraphs 20-22).
As to claim 8, THOLE discloses a method according to claim 7, wherein the method further comprises the steps: - receive a minimum flow value with the valve actuator, - check whether the actual flow value is above the minimum flow value with the valve actuator, - if the actual flow value is above the minimum flow value: control the valve based on the difference between the minimum flow value and the actual flow value with the valve actuator (Claim 6 describes a method that requires receiving a minimum flow value, checking and comparing with the minimum flow value and modulating/ controlling the valve based on the determination of the difference of those values).
As to claim 9, THOLE discloses a device according to claim 2, wherein the valve actuator is further configured to receive a minimum return flow value, to check whether the actual flow value is above the minimum flow value, if the actual flow value is above the minimum flow value to control the valve based on the minimum flow value (Claims 6 and 7).
As to claim 12, THOLE discloses a system for heating or cooling, the system comprising at least one device according to claim 2 (Paragraph 9, Claims 1 and 6), at least one thermal energy source, at least one heating or cooling system, at least one supply line fluidly connecting an output of the thermal energy source and an input of the heating or cooling system, at least one return line fluidly connecting an output of the heating or cooling system and an input of the thermal energy source, at least one bypass line fluidly connecting the supply line and the return line in parallel connection to a heating or cooling device return line from the at least one heating or cooling device, and at least one valve being mounted in the bypass line for controlling the flow in the bypass line, the valve actuator being mounted on the valve to control the valve, wherein the flow measuring device is mounted on the return line to communicate flow data to the valve actuator.
As to claim 13, THOLE discloses a system for heating or cooling, the system comprising at least one device according to claim 3 (Paragraph 9, Claims 1,6 and 7), at least one thermal energy source, at least one heating or cooling system, at least one supply line fluidly connecting an output of the thermal energy source and an input of the heating or cooling system, at least one return line fluidly connecting an output of the heating or cooling system and an input of the thermal energy source, at least one bypass line fluidly connecting the supply line and the return line in parallel connection to a heating or cooling device return line from the at least one heating or cooling device, and at least one valve being mounted in the bypass line for controlling the flow in the bypass line, the valve actuator being mounted on the valve to control the valve, wherein the flow measuring device is mounted on the return line to communicate flow data to the valve actuator.
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) 4,5,10,11,14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over THOLE et al (DE 102011001223 A1 – published 13 September 2012; see English Machine Translation furnished with this Office Action).
As to claim 4, THOLE discloses a device according to claim 1, wherein the valve actuator comprises a motor connected to the valve and a processing unit (Paragraph 20) for receiving the actual flow value and for providing at least one motor position value for the motor based on the actual flow value (Paragraphs 22-26).
However, THOLE does not disclose a device according to claim 1, wherein the valve actuator comprises a motor connected to the valve and a processing unit.
However, it would have been obvious to one of ordinary skill in the art at the time of the invention to integrate valve actuator comprising a motor connected to the valve and a processing unit. Shifting the location of the processing unit and integrating with the valve actuator would not have modified the operation of the device. (See MPEP § 2144.04 (VI) (C). Therefore, it was an obvious design choice for a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify THOLE to incorporate a processing unit with the valve actuator comprising a motor connected to the valve.
As to claim 5, THOLE discloses a device according to claim 4, wherein the processing unit comprises a PI controller to control the valve (Paragraph 25).
However, THOLE does not disclose a device according to claim 4, wherein the processing unit comprises a PID controller to control the valve.
However, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the PI controller of THOLE to include a derivative term, thereby forming a PID controller, because PIDS controllers were well known in the art as an alternative to PI controllers for improving system stability, reducing overshoot, and enhancing transient response. One of ordinary skill in the art would have been motivated to add the derivative term to the PI controller of THOLE to improve control performance, particularly in systems requiring faster response and improved damping, and would have a reasonable expectation of success, as the use of the PID controllers was a predictable variation of known control techniques. Further, integrating the PID controller with a processing unit would have been an obvious design choice, as processing units were commonly used to implement algorithms. Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify THOLE to incorporate a PID controller as the PID controller is an obvious design choice to integrate with processing units.
As to claim 10, THOLE discloses a device according to claim 2, wherein the valve actuator is motor driven and connected to the valve and a processing unit is configured to receive the actual flow value and provide at least one motor position value for the motor based on the actual flow value (Paragraphs 20-22).
However, THOLE does not disclose a device according to claim 2, wherein the valve actuator comprises a motor connected to the valve and a processing unit.
However, it would have been obvious to one of ordinary skill in the art at the time of the invention to integrate valve actuator comprising a motor connected to the valve and a processing unit. Shifting the location of the processing unit and integrating with the valve actuator would not have modified the operation of the device. (See MPEP § 2144.04 (VI) (C). Therefore, it was an obvious design choice for a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify THOLE to incorporate a processing unit with the valve actuator comprising a motor connected to the valve.
As to claim 11, THOLE discloses a device according to claim 3, wherein the valve actuator comprises a motor connected to the valve and a processing unit for receiving the actual flow value and for providing at least one motor position value for the motor based on the actual flow value (Claims 6 and 7, Paragraphs 20-22).
However, THOLE does not disclose a device according to claim 3, wherein the valve actuator comprises a motor connected to the valve and a processing.
However, it would have been obvious to one of ordinary skill in the art at the time of the invention to integrate valve actuator comprising a motor connected to the valve and a processing unit. Shifting the location of the processing unit would not have modified the operation of the device. (See MPEP § 2144.04 (VI) (C). Therefore, it was an obvious design choice for a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify THOLE to incorporate a processing unit with the valve actuator comprising a motor connected to the valve.
As to claim 14, THOLE discloses a system for heating or cooling, the system comprising at least one device according to claim 4, at least one thermal energy source, at least one heating or cooling system, at least one supply line fluidly connecting an output of the thermal energy source and an input of the heating or cooling system, at least one return line fluidly connecting an output of the heating or cooling system and an input of the thermal energy source, at least one bypass line fluidly connecting the supply line and the return line in parallel connection to a heating or cooling device return line from the at least one heating or cooling device, and at least one valve being mounted in the bypass line for controlling the flow in the bypass line, the valve actuator being mounted on the valve to control the valve, wherein the flow measuring device is mounted on the return line to communicate flow data to the valve actuator (Paragraph 9, Claims 1,6 and 7).
However, THOLE does not disclose that the system comprises at least one device according to claim 4, wherein the valve actuator comprises a motor connected to the valve and a processing unit.
However, it would have been obvious to one of ordinary skill in the art at the time of the invention to integrate valve actuator comprising a motor connected to the valve and a processing unit. Shifting the location of the processing unit and integrating with the valve actuator would not have modified the operation of the device. (See MPEP § 2144.04 (VI) (C). Therefore, it was an obvious design choice for a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify THOLE to incorporate a processing unit with the valve actuator comprising a motor connected to the valve.
As to claim 15, THOLE discloses a system for heating or cooling, the system comprising at least one device according to claim 5, at least one thermal energy source, at least one heating or cooling system, at least one supply line fluidly connecting an output of the thermal energy source and an input of the heating or cooling system, at least one return line fluidly connecting an output of the heating or cooling system and an input of the thermal energy source, at least one bypass line fluidly connecting the supply line and the return line in parallel connection to a heating or cooling device return line from the at least one heating or cooling device, and at least one valve being mounted in the bypass line for controlling the flow in the bypass line, the valve actuator being mounted on the valve to control the valve, wherein the flow measuring device is mounted on the return line to communicate flow data to the valve actuator (Paragraph 9, Claims 1,6 and 7).
However, THOLE does not disclose a system wherein the processing unit comprises a PID controller to control the valve.
However, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the PI controller of THOLE to include a derivative term, thereby forming a PID controller, because PIDS controllers were well known in the art as an alternative to PI controllers for improving system stability, reducing overshoot, and enhancing transient response. One of ordinary skill in the art would have been motivated to add the derivative term to the PI controller of THOLE to improve control performance, particularly in systems requiring faster response and improved damping, and would have a reasonable expectation of success, as the use of the PID controllers was a predictable variation of known control techniques. Further, integrating the PID controller with a processing unit would have been an obvious design choice, as processing units were commonly used to implement algorithms. Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify THOLE to incorporate a PID controller as the PID controller is an obvious design choice to integrate with processing units.
Conclusion
EP3882524A1, HAMADA et al, discloses similar invention based on Claim Interpretation.
Takanori et al, discloses PID controllers for robust control system for HVAC fields.
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/BIGYAN BHATTACHAN/
Art Unit 3763
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763