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
Claim 2 is objected to because of the following informalities: limitation “the first heat medium flow channel portion and the second heat medium flow channel portion are disposed adjacent to each other” appears to be a mere restating of “the second heat medium flow channel portion is disposed adjacent to the first heat medium flow channel portion”. Appropriate correction is required.
Claim 8 is objected to because of the following informalities: limitation “the refrigerant flow channel portion is adjacent to the first heat medium flow channel portion to directly transfer the heat of the refrigerant to the first heat medium” has already been stated in claim 1 and is redundant. 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: heat generating element (i.e. element [generic placeholder] for heat generating [functional language]) in claims 1-13; heat generating body/ies (i.e. body/ies [generic placeholder] for heat generating [functional language] in claim 6; heat exchanging unit (i.e. unit [generic placeholder] for heat exchanging [functional language]) in claim 9; flow rate adjustment unit (i.e. unit [generic placeholder] for flow rate adjustment [functional language]) in claims 12 and 13.
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. In the case of heat generating element, the corresponding structure(s) are found in paragraphs [0047]; [0049]; In the case of heat generating body/ies, the corresponding structure(s) are found in paragraphs [0129]-[0130]; In the case of heat exchanging unit, the corresponding structure(s) are found in paragraphs [0068]-[0071]; In the case of flow rate adjustment unit, the corresponding structure(s) are found in paragraph [0075].
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) 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kozasa (US 2021/0016628: cited by Applicant).
Regarding claim 12, Kozasa shows a heat exchange system configured to exchange heat between a refrigerant circulating through a vapor compression type refrigeration cycle (see at least heat pump cycle #2; paragraph [0057]), a first heat medium flowing through a first heat medium circuit including a first heat generating element (see at least heating circulation circuit #5; paragraph [0099]), and a second heat medium flowing through a second heat medium circuit including a second heat generating element (see at least heat discharge circuit #3; paragraph [0089]), the heat exchange system comprising:
a combined heat exchanger (see at least combined heat exchanger #61) that includes
a refrigerant flow channel portion configured to allow the refrigerant to flow through the refrigerant flow channel portion (see at least section #61a),
a first heat medium flow channel portion configured to allow the first heat medium to flow through the first heat medium flow channel portion (see at least section #61b), and
a second heat medium flow channel portion configured to allow the second heat medium to flow through the second heat medium flow channel portion (see at least section #61c); and
a flow rate adjustment unit configured to adjust a flow rate of the refrigerant flowing through the refrigerant flow channel portion (see at least valve #16a), a flow rate of the first heat medium flowing through the first heat medium flow channel portion (see at least valve #68), and a flow rate of the second heat medium flowing through the second heat medium flow channel portion (see at least valve #65), wherein
the refrigerant flow channel portion, the first heat medium flow channel portion, and the second heat medium flow channel portion are arranged to transfer heat of the refrigerant to both the first heat medium and the second heat medium (inherent to combination of paths #61a-#61c in exchanger #61),
the first heat medium flow channel portion is disposed adjacent to the refrigerant flow channel portion to directly transfer the heat of the refrigerant to the first heat medium (see at least #61a is adjacent #61b and both are within #61 to enable heat exchange),
the second heat medium flow channel portion is disposed adjacent to the first heat medium flow channel portion to indirectly transfer the heat of the refrigerant to the second heat medium via the first heat medium (see at least #61c is adjacent to #61b, with #61a-#61c all within #61 to enable heat exchange), and
the flow rate adjustment unit is configured to increase the flow rate of the first heat medium flowing through the first heat medium flow channel portion in an operation mode in which heat is exchanged between the refrigerant and the second heat medium via the first heat medium (see at least paragraph [0074]; see also MPEP 2114: the structure of valve #16a is capable of so performing).
Claim(s) 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kozasa (US 2021/0016628: cited by Applicant).
Regarding claim 13, Kozasa shows a heat exchange system configured to exchange heat between a refrigerant circulating through a vapor compression type refrigeration cycle (see at least heat pump cycle #2; paragraph [0057]), a first heat medium flowing through a first heat medium circuit including a first heat generating element (see at least heat discharge circuit #3; paragraph [0089]), and a second heat medium flowing through a second heat medium circuit including a second heat generating element (see at least heating circulation circuit #5; paragraph [0099]), the heat exchange system comprising:
a combined heat exchanger (see at least combined heat exchanger #61) that includes
a refrigerant flow channel portion configured to allow the refrigerant to flow through the refrigerant flow channel portion (see at least section #61a),
a first heat medium flow channel portion configured to allow the first heat medium to flow through the first heat medium flow channel portion (see at least section #61c), and
a second heat medium flow channel portion configured to allow the second heat medium to flow through the second heat medium flow channel portion (see at least section #61b); and
a flow rate adjustment unit configured to adjust a flow rate of the refrigerant flowing through the refrigerant flow channel portion (see at least valve #16a), a flow rate of the first heat medium flowing through the first heat medium flow channel portion (see at least valve #65), and a flow rate of the second heat medium flowing through the second heat medium flow channel portion (see at least valve #68), wherein
the refrigerant flow channel portion, the first heat medium flow channel portion, and the second heat medium flow channel portion are arranged to transfer heat of the refrigerant to both the first heat medium and the second heat medium (inherent to combination of paths #61a-#61c in exchanger #61),
the first heat medium flow channel portion and the second heat medium flow channel portion are disposed adjacent to each other to transfer heat of the first heat generating element to the second heat medium via the first heat medium (see at least #61b and #61c are adjacent to each other), and
the flow rate adjustment unit is configured to reduce the flow rate of the refrigerant flowing through the refrigerant flow channel portion in an operation mode in which the heat of the first heat generating element is transferred to the second heat medium (see at least paragraph [0074]; see also MPEP 2114: the structure of valve #16a is capable of so performing).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kozasa (US 2021/0016628: cited by Applicant).
Regarding claim 1, Kozasa discloses a combined heat exchanger (see at least combined heat exchanger #61) configured to exchange heat between a refrigerant circulating through a vapor compression type refrigeration cycle (see at least heat pump cycle #2; paragraph [0057]), a first heat medium flowing through a first heat medium circuit including a first heat generating element (see at least heating circulation circuit #5; paragraph [0099]), and a second heat medium flowing through a second heat medium circuit including a second heat generating element (see at least heat discharge circuit #3; paragraph [0089]), the combined heat exchanger comprising:
a refrigerant flow channel portion configured to allow the refrigerant to flow through the refrigerant flow channel portion (see at least section #61a),
a first heat medium flow channel portion configured to allow the first heat medium to flow through the first heat medium flow channel portion (see at least section #61b); and
a second heat medium flow channel portion configured to allow the second heat medium to flow through the second heat medium flow channel portion (see at least section #61c), wherein
the refrigerant flow channel portion, the first heat medium flow channel portion, and the second heat medium flow channel portion are arranged to transfer heat of the refrigerant to both the first heat medium and the second heat medium (inherent to combination of paths #61a-#61c in exchanger #61),
the first heat medium flow channel portion is disposed adjacent to the refrigerant flow channel portion to directly transfer the heat of the refrigerant to the first heat medium (see at least #61a is adjacent #61b and both are within #61 to enable heat exchange),
the second heat medium flow channel portion is disposed adjacent to the first heat medium flow channel portion to indirectly transfer the heat of the refrigerant to the second heat medium via the first heat medium (see at least #61c is adjacent to #61b, with #61a-#61c all within #61 to enable heat exchange).
Kozasa does not disclose the first heat medium is a liquid-phase fluid that flows through the first heat medium circuit without phase change.
There is no evidence of record that establishes that providing the first heat medium is a liquid-phase fluid that flows through the first heat medium circuit without phase change would result in a difference in function of the Kozasa system. Further, a person having ordinary skill in the art, being faced with modifying the system of Kozasa, would have reasonable expectation of success in making such a modification and it appears that the system would function as intended being given the claimed heat medium. Lastly, Applicant has not disclosed that the claimed heat medium solves any stated problem, indicating that “The first heat medium flowing through the first heat medium circuit 60 may include a fluid other than the liquid including ethylene glycol or the antifreeze liquid. The first heat medium may be, for example, the same as the refrigerant flowing through the refrigeration cycle 10 or may be the same as the second heat medium flowing through the second heat medium circuit 70” (see paragraph [0146]), and therefore there appears to be no criticality placed on the heat medium as claimed such that it produces an unexpected result.
It would, therefore, have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the system of Kozasa with the first heat medium is a liquid-phase fluid that flows through the first heat medium circuit without phase change as an obvious matter of design choice within the skill of the art (see also “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) (Claims to a printing ink comprising a solvent having the vapor pressure characteristics of butyl carbitol so that the ink would not dry at room temperature but would dry quickly upon heating were held invalid over a reference teaching a printing ink made with a different solvent that was nonvolatile at room temperature but highly volatile when heated in view of an article which taught the desired boiling point and vapor pressure characteristics of a solvent for printing inks and a catalog teaching the boiling point and vapor pressure characteristics of butyl carbitol.)
See also In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious); Ryco, Inc. v. Ag-Bag Corp., 857 F.2d 1418, 8 USPQ2d 1323 (Fed. Cir. 1988) (Claimed agricultural bagging machine, which differed from a prior art machine only in that the brake means were hydraulically operated rather than mechanically operated, was held to be obvious over the prior art machine in view of references which disclosed hydraulic brakes for performing the same function, albeit in a different environment.). (MPEP 2144.07).
Regarding claim 2, Kozasa further discloses wherein
the first heat medium flow channel portion and the second heat medium flow channel portion are disposed adjacent to each other to transfer heat of the first heat generating element to the second heat medium via the first heat medium (see at least #61c is adjacent #61b and both are within #61 to enable heat exchange).
Regarding claim 3, Kozasa further discloses wherein the refrigeration cycle includes a compressor configured to compress and discharge the refrigerant (see at least compressor #11), a heat release device configured to release the heat of the refrigerant discharged from the compressor (see at least condenser #12), and a depressurization portion that depressurizes the refrigerant that has passed through the heat release device (see at least throttle #17b/expansion valve #60), and
the refrigerant flow channel portion forms an evaporation portion configured to evaporate the refrigerant depressurized in the depressurization portion to transfer cold energy of the refrigerant to both the first heat medium and the second heat medium (see at least paragraph [0075]: #16a acts as an evaporator).
Regarding claim 4, Kozasa further discloses wherein the first heat medium circuit is provided with a radiator configured to exchange heat between the first heat medium and outside air (see at least paragraph [0089]: radiator #63 is required in thermal communication within the first medium circuit #5 to perform the claimed heat dissipation).
Regarding claim 5, Kozasa further discloses wherein the second heat generating element includes a battery (see at least paragraph [0089]: in view that circuit #3 is a thermosiphon for circuit #5, the second heat generating element may be considered to include a battery #50).
Regarding claim 6, Kozasa further discloses wherein
the second heat generating element includes heat generating bodies (see at least paragraph [0089]: in view that circuit #3 is a thermosiphon for circuit #5, the second heat generating element may be considered to include devices #50-#53), and
the second heat medium circuit is configured to transfer heat of a heat generating body to another heat generating body among the heat generating bodies via the second heat medium (see at least paragraph [0089]: in view that circuit #3 is a thermosiphon for circuit #5, the second medium may be considered to transport heat to/from #50-#53).
Regarding claim 7, Kozasa does not disclose wherein
the second heat medium is higher in electrical insulation property than the first heat medium.
There is no evidence of record that establishes that providing wherein the second heat medium is higher in electrical insulation property than the first heat medium would result in a difference in function of the Kozasa system. Further, a person having ordinary skill in the art, being faced with modifying the system of Kozasa, would have reasonable expectation of success in making such a modification and it appears that the system would function as intended being given the claimed heat medium. Lastly, Applicant has not disclosed that the claimed heat medium solves any stated problem, indicating that “The second heat medium flowing through the second heat medium circuit 70 is desirably one having a high electrical insulation property, but is not limited to this. The second heat medium may be, for example, the same as the refrigerant flowing through the refrigeration cycle 10 or the same as the first heat medium flowing through the first heat medium circuit 60” (see paragraph [0148]), and therefore there appears to be no criticality placed on the heat medium as claimed such that it produces an unexpected result.
It would, therefore, have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide the system of Kozasa with wherein the second heat medium is higher in electrical insulation property than the first heat medium as an obvious matter of design choice within the skill of the art (see also “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) (Claims to a printing ink comprising a solvent having the vapor pressure characteristics of butyl carbitol so that the ink would not dry at room temperature but would dry quickly upon heating were held invalid over a reference teaching a printing ink made with a different solvent that was nonvolatile at room temperature but highly volatile when heated in view of an article which taught the desired boiling point and vapor pressure characteristics of a solvent for printing inks and a catalog teaching the boiling point and vapor pressure characteristics of butyl carbitol.) See also In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960) (selection of a known plastic to make a container of a type made of plastics prior to the invention was held to be obvious); Ryco, Inc. v. Ag-Bag Corp., 857 F.2d 1418, 8 USPQ2d 1323 (Fed. Cir. 1988) (Claimed agricultural bagging machine, which differed from a prior art machine only in that the brake means were hydraulically operated rather than mechanically operated, was held to be obvious over the prior art machine in view of references which disclosed hydraulic brakes for performing the same function, albeit in a different environment.). (MPEP 2144.07).
Regarding claim 8, Kozasa further discloses wherein
the refrigerant flow channel portion is adjacent to the first heat medium flow channel portion to directly transfer the heat of the refrigerant to the first heat medium (see at least #61a is adjacent #61b, both within #61), and an entire heat exchanging part in the refrigerant flow channel portion is in thermal contact with the first heat medium flow channel portion (at least an entire part of a surface of #61a must be in thermal contact with #61b to enable heat transfer).
Regarding claim 9, Kozasa further discloses wherein
the first heat medium flow channel portion includes a first heat exchanging unit that exchanges heat between the first heat medium and the refrigerant (see at least Figures 1 and 2: i.e. top half of #61b), and a second heat exchanging unit that exchanges heat between the first heat medium and the second heat medium (see at least Figures 1 and 2, i.e. bottom half of #61b), and is configured to allow the first heat medium to flow through the first heat exchanging unit and the second heat exchanging unit in this order (see at least Figures 1 and 2, flow through #61b is through the top half followed by the bottom half).
Regarding claim 10, Kozasa further discloses wherein
the refrigerant includes refrigerator oil (see at least paragraph [0057], and
the refrigerant flow channel portion is configured to allow the refrigerant to flow downward (see at least Figure 3; paragraph [0071]).
Regarding claim 11, Kozasa further discloses wherein
the refrigerant flow channel portion and the first heat medium flow channel portion are arranged to allow the refrigerant and the first heat medium to flow in countercurrent (see at least Figures 1 and 2: paths through #61a and #61b are countercurrent), and
the first heat medium flow channel portion and the second heat medium flow channel portion are arranged to allow the first heat medium and the second heat medium to flow in countercurrent (see at least Figures 1 and 2: paths through #61b and #61c are countercurrent).
Conclusion
The prior art made of record and not relied upon is considered pertinent to the Applicant’s disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAVIA SULLENS whose telephone number is (571)272-3749. The examiner can normally be reached M-R 6:30-4:30 Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached at 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAVIA SULLENS/Primary Examiner, Art Unit 3763
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