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 10/23/2024, 9/24/2025 and 4/10/2026 was filed on or after the mailing date of the application. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 1-7 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.
Regarding Claim 1, the recitation of “…a generator assembly configured to be conditionally coupled to the PX,” renders the claim unclear because the limitation “conditionally coupled” is not definite to convey that the generator assembly is coupled to the PX.
Thus, one skilled in the art would not necessarily have the ability to ascertain the metes and bounds of the particular claim limitation.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Allowable Subject Matter
Claims 1-20 are allowed.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,392,528, hereinafter the “528 Patent”. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding Claim 1, the 528 Patent teaches a system comprising: a pressure exchanger (PX) [claim 1]; a condenser, wherein an outlet of the condenser is fluidly coupled to a first inlet of the PX [claim 1]; and a generator assembly configured to be conditionally coupled to the PX, wherein coupling the generator assembly to the PX causes a turbine to convert rotational energy of the PX to electrical energy [claim 1].
Regarding Claim 2, the 528 Patent teaches a first controller operatively coupled to the generator assembly, wherein the first controller is configured to provide a first control signal to the generator assembly, and wherein the generator assembly is configured to adjust resistance to rotation of the PX based on the first control signal [claim 1].
Regarding Claim 3, the 528 Patent teaches a first pressure gauge configured to generate first pressure data indicative of a pressure of working fluid in the condenser, wherein the first control signal is generated based on the first pressure data [claim 1].
Regarding Claim 4, the 528 Patent teaches a compressor, wherein an outlet of the compressor is fluidly coupled to an inlet of the condenser [claim 2]; a second pressure gauge configured to generate second pressure data indicative of a pressure of a fluid input to the compressor [claim 2]; and a third controller operatively coupled to the compressor, wherein the third controller is to generate a third control signal based on at least the second pressure data, and wherein the compressor is to adjust an operating speed of the compressor based on the third control signal [claim 2].
Regarding Claim 5, the 528 Patent teaches an evaporator; a flash tank, wherein a flash tank inlet is fluidly coupled to an outlet of the PX, and wherein a first flash tank outlet is fluidly coupled to a first pump, and wherein a second flash tank outlet is fluidly coupled to an inlet of the evaporator [claim 3]; a valve, fluidly coupled between the flash tank and the evaporator [claim 3]; a temperature sensor configured to generate first temperature data indicative of a temperature of fluid discharged from the evaporator [claim 3]; and a third controller operatively coupled to the valve, wherein the third controller is to generate a third control signal based on at least the first temperature data, and wherein the valve is to adjust an opening of the valve based on the third control signal [claim 3].
Regarding Claim 6, the 528 Patent teaches an evaporator [claim 5]; a flash tank, wherein a flash tank inlet is fluidly coupled to an outlet of the PX, and wherein a first flash tank outlet is fluidly coupled to an outlet of the evaporator, and wherein a second flash tank outlet is fluidly coupled to an inlet of the evaporator [claim 5]; a valve, fluidly coupled between the first flash tank outlet and the outlet of the evaporator [claim 5]; a third pressure gauge configured to generate third pressure data indicative of a pressure of fluid in the flash tank [claim 5]; and a third controller operatively coupled to the valve, wherein the third controller is to generate a third control signal based on at least the third pressure data, and wherein the valve is to adjust an opening of the valve based on the third control signal [claim 5].
Regarding Claim 7, the 528 Patent teaches a first pump, wherein an inlet of the first pump is fluidly coupled to an outlet of the PX, and wherein an outlet of the first pump is fluidly coupled to an inlet of the condenser [claim 6]; and a fourth controller operatively coupled to the first pump, wherein the fourth controller is to generate a fourth control signal based on at least first pressure data, and wherein the first pump is to adjust a speed of operation of the first pump based on the fourth control signal [claim 6].
Claim 1 -7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,692,743, hereinafter the “743 Patent.” Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding Claim 1, the 743 Patent teaches a system comprising: a pressure exchanger (PX) [claim 1]; a condenser, wherein an outlet of the condenser is fluidly coupled to a first inlet of the PX [claim 1]; and a generator assembly configured to be conditionally coupled to the PX, wherein coupling the generator assembly to the PX causes a turbine to convert rotational energy of the PX to electrical energy [claim 1].
Regarding Claim 2, the 743 Patent teaches a first controller operatively coupled to the generator assembly, wherein the first controller is configured to provide a first control signal to the generator assembly, and wherein the generator assembly is configured to adjust resistance to rotation of the PX based on the first control signal [claim 1].
Regarding Claim 3, the 743 Patent teaches a first pressure gauge configured to generate first pressure data indicative of a pressure of working fluid in the condenser, wherein the first control signal is generated based on the first pressure data [claim 1].
Regarding Claim 4, the 743 Patent teaches a compressor, wherein an outlet of the compressor is fluidly coupled to an inlet of the condenser [claim 6]; a second pressure gauge configured to generate second pressure data indicative of a pressure of a fluid input to the compressor [claim 6]; and a third controller operatively coupled to the compressor, wherein the third controller is to generate a third control signal based on at least the second pressure data, and wherein the compressor is to adjust an operating speed of the compressor based on the third control signal [claim 6].
Regarding Claim 5, the 743 Patent teaches an evaporator; a flash tank, wherein a flash tank inlet is fluidly coupled to an outlet of the PX, and wherein a first flash tank outlet is fluidly coupled to a first pump, and wherein a second flash tank outlet is fluidly coupled to an inlet of the evaporator [claim 7]; a valve, fluidly coupled between the flash tank and the evaporator [claim 7]; a temperature sensor configured to generate first temperature data indicative of a temperature of fluid discharged from the evaporator [claim 7]; and a third controller operatively coupled to the valve, wherein the third controller is to generate a third control signal based on at least the first temperature data, and wherein the valve is to adjust an opening of the valve based on the third control signal [claim 7].
Regarding Claim 6, the 743 Patent teaches an evaporator [claim 7]; a flash tank, wherein a flash tank inlet is fluidly coupled to an outlet of the PX, and wherein a first flash tank outlet is fluidly coupled to an outlet of the evaporator, and wherein a second flash tank outlet is fluidly coupled to an inlet of the evaporator [claim 7]; a valve, fluidly coupled between the first flash tank outlet and the outlet of the evaporator [claim 7]; a third pressure gauge configured to generate third pressure data indicative of a pressure of fluid in the flash tank [claim 7]; and a third controller operatively coupled to the valve, wherein the third controller is to generate a third control signal based on at least the third pressure data, and wherein the valve is to adjust an opening of the valve based on the third control signal [claim 7].
Regarding Claim 7, the 743 Patent teaches a first pump, wherein an inlet of the first pump is fluidly coupled to an outlet of the PX, and wherein an outlet of the first pump is fluidly coupled to an inlet of the condenser [claim 9]; and a fourth controller operatively coupled to the first pump, wherein the fourth controller is to generate a fourth control signal based on at least first pressure data, and wherein the first pump is to adjust a speed of operation of the first pump based on the fourth control signal [claim 9].
Claims 8-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,692,743, hereinafter the “743 Patent.” Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding Claim 8, the 743 Patent teaches a method [claim 10] comprising: obtaining, by a processing device, first pressure data indicative of a fluid pressure of a condenser of a heat transfer system [claim 10];
generating a first control signal based on at least the first pressure data [claim 10]; and
providing the first control signal to a generator assembly coupled to a pressure exchanger (PX), wherein the generator assembly is configured to adjust resistance to rotation of the PX in view of the first control signal, and wherein the generator assembly is configured to convert rotation of the PX to electrical power [claim 10].
Regarding Claim 9, the 743 Patent teaches wherein the heat transfer system comprises a refrigeration system [claim 11].
Regarding Claim 10, the 743 Patent teaches wherein an outlet of the condenser is fluidly coupled to an inlet of the PX, and wherein adjusting a speed of rotation of the PX by adjusting resistance to rotation of the PX adjusts fluid pressure of the condenser [claim 12].
Regarding Claim 11, the 743 Patent teaches obtaining temperature data indicative of a temperature of a fluid of an evaporator of the heat transfer system [claim 13];
generating a second control signal based on at least the temperature data [claim 13]; and
providing the second control signal to a valve fluidly coupled between an outlet of a flash tank of the heat transfer system and an inlet of the evaporator, wherein the valve is configured to adjust an opening of the valve based on the second control signal [claim 13].
Regarding Claim 12, the 743 Patent teaches wherein generating the second control signal is performed responsive to determining that target value of super heat of an output fluid of the evaporator has not been achieved [claim 14].
Regarding Claim 13, the 743 Patent teaches obtaining fluid density data indicative of a density of a fluid provided to an inlet of a flash tank of the heat transfer system [claim 15];
generating a second control signal based on the fluid density data [claim 15]; and
providing the second control signal to a pump, wherein the pump is fluidly coupled between an outlet of the flash tank and an inlet of the PX, and wherein the pump is configured to adjust a speed of operation of the pump based on the second control signal [claim 15].
Regarding Claim 14, the 743 Patent teaches obtaining second pressure data indicative of a pressure of a receiver, fluidly coupled to an outlet of the PX [claim 8];
generating a third control signal based on the second pressure data [claim 8]; and
providing the third control signal to a valve, wherein the valve is to adjust an opening of the valve based on the third control signal, and wherein the valve is fluidly coupled between a gas outlet of the receiver and an outlet stream of an evaporator [claim 8].
Claims 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,392,528, hereinafter the “528 Patent.” Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding Claim 15, the 528 Patent teaches a non-transitory machine-readable storage medium storing instructions which, when executed, cause a processing device to perform operations [claim 10] comprising:
obtaining first pressure data indicative of a fluid pressure of a condenser of a heat transfer system [claim 10];
generating a first control signal based on at least the first pressure data [claim 10]; and
providing the first control signal to a generator assembly coupled to a pressure exchanger (PX), wherein the generator assembly is configured to adjust resistance to rotation of the PX in view of the first control signal, and wherein the generator assembly is configured to convert rotation of the PX to electrical power [claim 10].
Regarding Claim 16, the 528 Patent teaches wherein the heat transfer system comprises a refrigeration system [claim 11].
Regarding Claim 17, the 528 Patent teaches wherein an outlet of the condenser is fluidly coupled to an inlet of the PX, and wherein adjusting a speed of rotation of the PX by adjusting the resistance to rotation of the PX comprises adjusting the fluid pressure of the condenser [claim 12].
Regarding Claim 18, the 528 Patent teaches obtaining temperature data indicative of a temperature of a fluid of an evaporator of the heat transfer system [claim 13];
generating a second control signal based on at least the temperature data; and providing the second control signal to a valve fluidly coupled between an outlet of a flash tank of the heat transfer system and an inlet of the evaporator, wherein the valve is configured to adjust an opening of the valve based on the second control signal [claim 13].
Regarding Claim 19, the 528 Patent teaches wherein generating the second control signal is performed responsive to determining that target value of super heat of an output fluid of the evaporator has not been achieved [claim 14].
Regarding Claim 20, the 528 Patent teaches obtaining fluid density data indicative of a density of a fluid provided to an inlet of a flash tank of the heat transfer system [claim 15];
generating a second control signal based on the fluid density data [claim 15]; and
providing the second control signal to a pump, wherein the pump is fluidly coupled between an outlet of the flash tank and an inlet of the PX, and wherein the pump is configured to adjust a speed of operation of the pump based on the second control signal [claim 15].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Stover (US2006/0245909);
Polizos et al. (US20020245909);
Boszormenyi (US2968435).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY L FURDGE whose telephone number is (313)446-4895. The examiner can normally be reached M-R 6a-3p; F 6a-10a.
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 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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/LARRY L FURDGE/ Primary Examiner, Art Unit 3763
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